Importance Of Soft Laws Governing The Potential Regulating Of AI

2021 ◽  
Author(s):  
Lance Eliot
Keyword(s):  
Soft Laws

scholarly journals Value-impregnated factual claims may undermine medical decision-making

2018 ◽  
Vol 13 (3) ◽  
pp. 151-158 ◽  
Author(s):  
Niels Lynøe ◽  
Gert Helgesson ◽  
Niklas Juth
Keyword(s):  
Decision Making ◽  
Medical Decision Making ◽  
Clinical Decision Making ◽  
Negative Impact ◽  
Personal Values ◽  
Healthcare Providers ◽  
Clinical Decision ◽  
Medical Decision ◽  
Clinical Decisions ◽  
Soft Laws

Clinical decisions are expected to be based on factual evidence and official values derived from healthcare law and soft laws such as regulations and guidelines. But sometimes personal values instead influence clinical decisions. One way in which personal values may influence medical decision-making is by their affecting factual claims or assumptions made by healthcare providers. Such influence, which we call ‘value-impregnation,’ may be concealed to all concerned stakeholders. We suggest as a hypothesis that healthcare providers’ decision making is sometimes affected by value-impregnated factual claims or assumptions. If such claims influence e.g. doctor–patient encounters, this will likely have a negative impact on the provision of correct information to patients and on patients’ influence on decision making regarding their own care. In this paper, we explore the idea that value-impregnated factual claims influence healthcare decisions through a series of medical examples. We suggest that more research is needed to further examine whether healthcare staff’s personal values influence clinical decision-making.

scholarly journals Sustainability and Transparency to Safeguard Fashion Industry Workers

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Dewan Afrina Sultana
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Supply Chain ◽  
Sustainable Development Goals ◽  
Due Diligence ◽  
Fashion Industry ◽  
Development Goals ◽  
Guiding Principles ◽  
Soft Laws ◽  
Voluntary Initiatives

The global fashion industry has the most dynamic complex supply chain. A completed garment or footwear reaches consumers through different brands, from developing countries to Western countries. The workers at the bottom of the supply chain, who work hard to produce a product, earn  minimum wages. On the top of the supply chain, the owners of the factories, brands and retailers earn huge profits from these labourers’ hard work. Because of the lack of direct control over  labourers, as they are not employed by the brands and retailers, they often ignore the abuse of labourers’ rights  in their supply chain. To improve the fashion industries’ working conditions and to maintain workers’ rights,  strong labour law and its implementation is not sufficient. The brands andretailers can play a vital role in changing the labourers’ conditions. By incorporating soft laws like the UN Guiding Principles on Business and Human Rights (UN Guiding Principles) and the Organization for Economic Cooperation and Development Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector (OECD Due Diligence Guidance on Garments), in their responsible business behaviour. The IFAs between the brands and the tread unions. The brands and retailers took some voluntary initiatives to incorporate these soft laws. Among the many voluntary initiatives, the Transparency Pledge of 2016 and sustainable development goals (SDGs) have  had a significant impact on  labour rights in the supply chain. This article is to evaluate how the Transparency Pledge of 2016 has impacted labour protection in the global fashion industry and how far transparency and incorporation on sustainable development goals (SDGs) has improved  labourers’ abusive conditions in the fashion industry supply chain. This shall be done by analyzing the Human Rights Watch’s reports, ILO, better works and other labour organisations’ reports. What further initiatives can be taken to improve the labourers’ conditions.

International Sales Law

2021 ◽  
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Reference Guide ◽  
Legal Literature ◽  
Relevant Case ◽  
International Sales ◽  
Soft Laws

Almost five years have passed since the first successful edition of this work and for various reasons it was time for a new edition. Much relevant case law and legal literature have since been published which requires treatment. Furthermore, several hard and soft laws relevant to the book have under­gone important changes, making a new edition necessary: the enactment of the new Chinese Civil Code, the French Civil Code following extensive reforms in 2016, the UNI­DROIT Principles now apply as amended in 2016, and the INCOTERMS 2020 replace the former INCOTERMS 2010. Praise for the 1st edition: »an indispensable and compact reference guide that provides an ideal platform for scholars, practitioners (in-house counsel, legal advisors and advocates) and students internationally. The reviewer is temtped to extend this list to include commercial parties such as the importers and exporters as the writing is clear, concise and direct, contract clauses and practitioner tips sections are provided, and finally because the book provides illustrations to which they can relate.« Navin G. Ahuja, ERPL 2017, 475

Modulating corruption and money laundering through the Bretton Woods Institutions: the case of less developed countries (LDCs)

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ejike Ekwueme
Keyword(s):  
World Bank ◽  
Money Laundering ◽  
Task Force ◽  
Developed Countries ◽  
Less Developed Countries ◽  
Content Type ◽  
Bretton Woods ◽  
Bretton Woods Institutions ◽  
The Impact ◽  
Soft Laws

Purpose The purpose of this paper is to readily bring to the fore, the vital dimension that the Bretton Woods Institutions, exemplified by both the International Monetary Fund (IMF) and the World Bank, has brought into the global economic template to dampen the momentum of corruption and money laundering through the impact of their activities in less developed countries (LDCs). The original mandate of the two institutions was to address the balance of payments and developmental issues of countries as a result of the devastating effects of the Second World War. However, this could not be achieved in an atmosphere engulfed with corruption and money laundering. As a result, it became necessary for them to intervene albeit through direct or indirect mechanisms demonstrated by the use of soft law bodies such as Basel Committee on Banking Supervisors (BCBS) and Financial Action Task Force (FATF). Design/methodology/approach This paper relies on primary legal documentations such as BCBS, FATF, articles of both IMF and World Bank to mention but a few in the analysis. The paper is doctrinal. Findings There is undoubtedly glaring indications that through the efforts of both IMF and the Bank, tremendous inroad has been made in LDCs in modulating the tempo of the malaise. Research limitations/implications This paper is addressed to the authorities that are concerned about the scourge of the malaise and the impact to pay more attention to the mechanisms of soft laws used by the Bretton Woods Institutions to get their anti-corruption message through in LDCs. Originality/value This lies on the fact that the efforts of both IMF and the Bank have awakened the importance that should be attached to some soft laws in curtailing the issues.

Dampening corruption and money laundering: emissions from soft laws

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ejike Ekwueme
Keyword(s):  
Decision Making ◽  
Money Laundering ◽  
Task Force ◽  
Banking Supervision ◽  
Financial Action Task Force ◽  
Content Type ◽  
Basel Committee ◽  
Financial Action Task ◽  
International Chamber Of Commerce ◽  
Soft Laws

Purpose The purpose of this paper is to bring to the fore that soft laws should be taken very seriously because they have demonstrated their importance in helping to reduce corruption and money laundering. Liberalisation of the markets and globalisation, undoubtedly, enabled the increase in the volume of commercial and economic interactions among natural and legal persons. As a result, the generation of profits and losses are noticeable. However, it became evident that some of the actors involved in corruption endeavour to dock the regulatory radars by way of laundering their illicit wealth. It is as a result of this, that the authorities reacted to checkmate this by way of fashioning out legislations that have cross-border and national characteristics. However, it was as a result of the inadequacies noticeable in the Conventions and their inability to contain the malaise that the soft laws surfaced to fill the lacunae to help dampen the momentum of corruption and money laundering. These significant soft laws include but not limited to the Financial Action Task Force (FATF), Organisation of Economic Development and Cooperation (OECD), Basel Committee on Banking Supervision (BCBS), Wolfsberg Group (WG) and International Chamber of Commerce (ICC). Although reservations were raised as to the composition of their decision-making apparatus, it is evident that countries still adhere to their pronouncements by way of adaptation, and they have made significant contributions in reducing corruption and money laundering. Design/methodology/approach This paper relies on primary legal documentations such as but not limited to the Financial Action Task Force, Basel Committee on Banking Supervision, Organisation of Economic Cooperation and Development, Wolfsberg Group, International Chamber of Commerce, the United Nations Convention on Corruption 2003, the Foreign Corrupt Practices Act 1977 and the United Kingdom Bribery Act 2010. Findings There is undoubtedly glaring indications that soft laws have made very significant impact to slow down the level of corruption and money laundering in many polities. It is evidently clear that most countries usually adapt the nuances of these laws into their domestic legislations in order not to be frozen out from the financial and economic activities of the dominant wider members. Evidentially, some of these countries may have been excluded from the core decision-making apparatus of the organisations with particular reference to mostly the developing countries. On the whole, the soft laws are a welcome relief in view of the impact that they have made. Research limitations/implications This paper is addressed to policy makers who are concerned on the negative implications of the scourge of money laundering and corruption. They should continue to inculcate the emissions that usually come from soft laws when formulating their policies in planning for economic growth. Originality/value The originality of this paper lies on the fact that it is essential that we awaken the importance of soft laws in containing the malaise as it has become evident that excuses have been made that it was forced on some of the recipient participants.

scholarly journals What Are the Directions in the Enforcement of Polish Competition Law – Review of a Series of New Polish Soft Law Guidelines

2016 ◽  
Vol 9 (13) ◽  
pp. 141-156
Author(s):  
Anna Laszczyk
Keyword(s):  
Best Practices ◽  
Consumer Protection ◽  
Competition Law ◽  
Soft Law ◽  
Policy Statement ◽  
Competition Authority ◽  
Legal Certainty ◽  
Law System ◽  
Legislative Changes ◽  
Soft Laws

A recent amendment to the Act of Competition and Consumer Protection of 2007, which entered into force in January 2015, brought with it a number of changes to the Polish competition law system introducing, among other things, several new legal institutions. This development created the need to issue new soft law guidelines in order to give some clarity as to their application. At the same time, certain pre-existing soft law guidelines of the Polish Competition Authority – the President of the UOKiK – needed updating in order to make them applicable to the new legal conditions. The aforementioned legislative changes were accompanied by an official UOKiK policy statement of openness and transparency. Given this objective, the UOKiK President provided a set of best practices for the Authority, in particular as regards its relations with undertakings. The aim of this paper is to critically review the newly adopted guidelines as well as modifications made to preexisting soft laws. It emerges from this analysis that although the issuance of any sort of guidelines should be welcomed in general, since it improves legal certainty as to the Authority’s future conduct in individual cases, a number of problems remains which have not been sufficiently or in fact properly addressed.

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