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In: Revue de droit d'Ottawa (Ottawa Law Review), Band 47, Heft 2
SSRN
Given the threats of our current 'risk society', there is an ever-increasing demand for safety regulation to counter the harmful effects of an equally growing number of dangerous activities. Claims for more safety and security abound, ranging from concerns about people killed in traffic accidents and consumers harmed by unsafe products to anxiety about environmental disasters (global warming) and terrorism. This state of affairs poses difficult issues for policy makers. While government resources are necessarily limited, demands for safety and security are in principle without bounds. It is thus unavoidable that difficult choices must be made and priorities must be set. The Law and Economics literature has developed a comprehensive normative framework to prescribe optimal legal policies when individuals behave rationally. It is well established that enforcement agents should not aim at a minimum level of violations of legal norms but at an optimal level. The main goal of this paper is to apply the insights from the Law and Economics literature on optimal law enforcement to the area of safety regulation. Our paper distinguishes between the form of the sanctions (monetary versus non-monetary), the role of private parties versus public agents in enforcement (e.g. group actions), the timing of the enforcement measures (preclusion, act-based sanctions and harm-based sanctions) and the division of competencies between central enforcement authorities and decentralized enforcement agencies. Furthermore, we discuss several criticisms on the rational choice model (especially related to terrorism) and briefly discuss compliance strategies as alternative approach to deterrence strategies.
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In: MITIGATING RISK IN THE CONTEXT OF SAFETY AND SECURITY. HOW RELEVANT IS A RATIONAL APPROACH?, pp. 29-62, R.V. de Mulder, ed., Rotterdam: Erasmus University Rotterdam 2008
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In: Collected courses of the Xiamen Academy of International Law volume 6
Introduction -- Three worlds of melamine -- Emergence of modern Chinese food safety law -- Transnationalisation of Chinese dairy standards -- Transnational sites of food safety regulation -- Globalisation of National food safety standards through WTO consultations -- International food safety standards in WTO case law -- Multilateral monitoring of Chinese food safety law -- Conclusion
In: Occupational safety and health guide series
Safety and health professionals face a variety of potential legal and ethical issues. As a result of changing responsibilities and new laws, professionals often find themselves in situations without guidance toward the solutions. This book provides such guidance to legal issues involving OSHA and how to avoid potential legal areas of liability if possible. Tackling safety and ethical issues head on, the text explores the area of criminal liability for individuals and corporations under the OSHA Act and state criminal codes. The author also gives methods to achieve and to maintain OSHA complian
In: European journal of international law, Band 17, Heft 2, S. 445-462
ISSN: 0938-5428
In: Journal of Energy & Natural Resources Law, Band 28, Heft 1, S. 145-158
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Working paper
In: Research handbooks in health and medical law
Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients' safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients' safety
In: Contemporary politics, Band 10, Heft 3-4, S. 305-317
ISSN: 1356-9775
In: The Parliamentarian: journal of the parliaments of the Commonwealth, Band 94, Heft 2, S. 150
ISSN: 0031-2282
In: Challenge: the magazine of economic affairs, Band 16, Heft 3, S. 59-63
ISSN: 1558-1489
Intro -- Contents -- Acknowledgments -- Welcome to Your Future -- Section 1: Discover You at Work -- Big Question #1: Who Are You? -- Big Question #2: What Are Your Interests and Strengths? -- Big Question #3: What Are Your Work Values? -- Big Question #4: What Is Your Work Personality? -- Section 2: Explore Your Options -- Administrative Law Judge -- Arbitrator and Mediator -- Bailiff -- Border Patrol Agent -- Coroner -- Correctional Officer -- Court Reporter -- Emergency Management Specialist -- Emergency Medical Technician -- Federal Special Agent -- Fire Investigator -- Fire Marshall -- Forensic Artist -- Forensic Nurse -- Forensic Pathologist -- Forensic Science Technician -- Hazardous Materials Technician -- Humane Law Enforcement Officer -- Immigration Officer -- Information Systems Security Specialist -- Insurance Investigator -- Judge -- Lawyer -- Legal Nurse Consultant -- Municipal Firefighter -- Occupational Health and Safety Specialist -- Paralegal -- Parole and Probation Officer -- Police Officer -- Private Investigator -- Public Safety Dispatcher -- Public Safety Diver -- Recreational Services Safety Specialist -- Wildland Firefighter -- Wildlife Conservation Officer -- Big Question #5: Do You Have the Right Skills? -- More Career Ideas in Law and Public Safety -- Big Question #6: Are You on the Right Path? -- Section 3: Experiment with Success -- Big Question #7: Who Knows What You Need to Know? -- Ask the Experts -- Big Question #8: How Can You Find Out What a Career Is Really Like? -- Big Question #9: How Do You Know When You've Made the Right Choice? -- Big Question #10: What's Next? -- A Final Word -- Appendix -- Index.
In: Publications on ocean development 64
This book offers a comprehensive international law analysis of the European Union's maritime safety legislation. Acts of EU law since 1993 have been dealt with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. The relationship between EU law and international law within the internal EU legal system is also analysed from the specific perspective of maritime safety law.