Browsing by Subject "legislation"

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  • Dettmann, Heidi Johanna Philippa (2006)
    The purpose of this study is to provide a picture of how official language minorities are accommodated in three provinces in Canada (New Brunswick, Ontario and Quebec) as well as Canada as a whole. The nature of the study is exploratory and comparative. The comparative design of the study allows for comments on the differences and similarities between the cases on the selected issues i.e. public services, internal use, the legislature, legislation, the courts and judicial system, education and official declarations. The aim is not, however, to provide an empirical explanation with regard to the solutions used in the accommodation of minorities in the selected cases. There are, and always will be, linguistic minorities in all parts of the world. It is important to find solutions to the difficulties such minorities face or risk negative outcome like language loss or escalation of minority grievances into outright conflicts. Canada is somewhat of a pioneer when it comes to language policy. The existence of the francophone minority of Canada has in a significant way shaped the politics of the country e.g. it has been a significant contributing factor in the development of the Canadian federal model. This decentralized federal structure means that the constituent units have extensive autonomy to shape their own language policies. We can find different kinds of solutions to the "language challenge" within Canada. For this reason Canada is an interesting case for research on language issues. The theoretical framework of this study deals with different normative approaches to language rights, policy or rights options, issues relevant to language policy and models for the implementation of language rights through autonomy arrangements. A limitation of this essay is that the empirical material is composed of Canadian language legislation. Legislation and law reflect the social reality and goals of a society and can therefore lend insight into how language issues have been confronted in the provinces of interest as well as in Canada as a whole. Legislation does, however, not show the whole reality, it is not an exact reflection of society and hence the study must be read with this in mind. The study is of a qualitative nature and the number of cases is small, instead the selected cases have been analyzed in detail. The study shows that the different units have indeed tackled the "language challenge" in different ways. The federal government has used a policy of bilingualism in an attempt to unify the country. Also New Brunswick has opted for a bilingual language regime, with equality of status for the two official languages. Ontario on the other hand has no stated official language, but extends some services to the francophone minority population of the province. Quebec grants official language status only to its majority language, French. English language rights are granted as exceptions to the rule of French dominance.
  • Hietala, Reija; Ijäs, Asko; Pikner, Tarmo; Kull, Anne; Printsmann, Anu; Kuusik, Maila; Fagerholm, Nora; Vihervaara, Petteri; Nordström, Paulina; Kostamo, Kirsi (Springer Nature, 2021)
    Journal of Coastal Conservation 25 (2021), 47
    The Maritime Spatial Planning (MSP) Directive was ratified (2014/89/EU) along the Strategy of the European Union (EU) on the Blue Economy to contribute to the effective management of maritime activities and resources and incorporate the principal elements of Integrated Coastal Zone Management (ICZM) (2002/413/EC) into planning at the land-sea interface. There is a need to develop the ICZM approach throughout Europe to realise the potential for both socio-economic and environmental targets set by the EU and national legislations. In this study, we co-developed different approaches for land-sea interactions in four case areas in Estonia and Finland based on the defined characteristics and key interests derived from local or regional challenges by integrating spatial data on human activities and ecology. Furthermore, four ICZM drafts were co-evaluated by stakeholders and the public using online map-based assessment tools (public participatory GIS). The ICZM approaches of the Estonian cases ranged from the diversification of land use to the enhancement of community-based entrepreneurship. The Finnish cases aimed to define the trends for sustainable marine and coastal tourism and introduce the ecosystem service concept in land use planning. During the project activities, we found that increased communication and exchange of local and regional views and values on the prevailing land-sea interactions were important for the entire process. Thereafter, the ICZM plans were applied to the MSP processes nationally, and they support the sustainable development of coastal areas in Estonia and Finland.
  • Alaranta, Joonas; Turunen, Topi (Oxford University Press, 2020)
    Journal of Environmental Law, Volume 33, Issue 1, March 2021, Pages 113–136
    This article discusses the regulation of ‘substances of concern’ in the circular economy (CE) in the European Union (EU). It analyses the tensions and obstacles that the present sectoral separation of waste, product and chemicals legislation sets for the development of the CE. We argue that in a longer term perspective the aim should be to erase the border between waste and chemicals regulation and create a single regime for the regulation of materials and their flow. However, the eventual aim of such non-toxic material circulation can be achieved only via precautious transitional measures that outweigh the costs and benefits of each material flow and set restrictions for the particular substances of concern. Regulatory actions addressing the risks posed by the substances of concern in the waste-based material flows are urgently needed. New measures are necessary to protect human health and the environment and to support the development of the markets for the secondary materials.
  • Li, Y.; Gao, Z.; Li, X.; Wang, S.; Niemelä, J. (Kluwer Academic Publishers, 2000)
    The Himalayan region of China, with its rich biodiversity, used to be important for hunting and collecting of medicinal plants. In the past decades, conservation attitudes and legislation for wildlife conservation have developed rapidly in China. Increasing numbers of species are listed in the state protection list and local protection lists. In the Himalayan region, the area of natural reserves is high accounting for 70% of total area of natural reserves in China. However, wildlife in Himalayan region is suffering from illegal hunting and trade even after China has enforced the China Wildlife Protection Law (CWPL). The illegal wildlife trade and smuggling across Sino-neighbouring country borders and illegal wildlife trade related to domestic use flourish in the region. Although domestic illegal trade has declined in the past ten years, international illegal trade and smuggling continue, and are even expanding, thereby threatening survival of many endangered species such as the Tibetan antelope (Pantholops hodgsoni), Giant panda (Ailuropoda melanoleuca) and Saker Falcon (Falco cherrug). Illegal wildlife trade in the region is attributed to four factors. First, the CWPL is still imperfect, especially concerning illegal trade and smuggling across borders. Second, CWPL is not fully enforced. Third, infrastructure in many nature reserves is undeveloped and human resources are lacking. Fourth, protection is hampered by differences in the laws of neighbouring countries, differences in penalties and in degrees of protection. Furthermore, national legislation is often not fully enforced in areas that are inhabited mainly by tribal and minority communities.
  • Tuomas, Anna Katariina (Helsingin yliopisto, 2017)
    This thesis aimed to examine Japan’s lawmaking process that lead to the passage of the PKO law, also known as the peacekeeping law of 1992. The focus was on the government discussions that occurred during the period from September 1991 to June 1992. The issues revolving around the topic were extremely controversial. The root of the problem lies in Japan’s history, and the country’s international standing. This thesis is built on political discourse analysis. The primary objective is to aid in an understanding of the reasons behind the PKO law's creation. Most of the materials cited are government discussions about the law including the explanation of purpose, question rounds, committee reports, and plenary sessions in the House of Councillors and the House of Representatives. The analysis was focused on the expressed views shared by the speakers in the Diet on a micro level, while at the same time showing the effects of the proposed bill on a macro level. Also included were questions about the role played by the leading party, the Liberal Democratic Party, who was the main instigator in the law drafting process. The main questions can be limited to two: Was there a shift in the country's politics as it relates to the issues surrounding the bill's contents? What was the reason that the government strove so hard to pass this bill into law? Through the years, Japan’s foreign policy can be said to be evasive on some points, but with taking part in the peacekeeping operations, there was a slight shift in politics. Japan’s foreign policy was already UN-centered, so participating in the PKO operations was not that massive of a change. Overall, the result of the Gulf Crisis gave the Liberal Democratic Party a reason to make a push for the passing of the PKO bill, and some saw the dispatch of the Self-Defense Forces as the party's last significant effort to redefine Japan as a normal state. In June of 1992 the passed PKO law turned out to be a compromised law. What can be seen from the overall discussions in both houses was that they centered in the perceived unconstitutionality of the bill as well as the use of the army and possible use of force. In some public hearings lawyers and legal advisors stated that they were against the law. Despite this, the opposition, however, did not take into an account changing public opinion, and the government was able to pass the law successfully. Discussion of the bill, in Japan as well abroad, presented a variety of reactions, at the center of them was fear of dispatching the Self-Defense Forces. In conclusion, the army and the peacekeeping operations were two separate matters, and the passing of the bill was a chance for the country to be more active in an international setting.
  • Mononen, Anna (Helsingfors universitet, 2012)
    Herbal preparations are widely used nowadays and the information given has developed a lot during the last decades. Herbal preparations haven`t been acknowledged as medicines and therefore their efficacy and adverse effects are still often underrated. In 2005 along the changes in legislation differently legislated group of herbal preparations was retired. Nowadays herbal preparations are divided to drugs and food products. The aim of the study was to make oneself familiar with the legislation of these products and the evolution of the pharmaceutical information given. The aim also was to compare warnings, prohibitions, contraindications and their evolution to prevalent legislation. The material of the study consisted of product information summaries, patient information leaflets and labeling of herbal medicines, traditional herbal medicines and their predecessors. In addition to this there was also other legislative material. Only herbal medicines and traditional herbal medicines according to directive 2004/24/EY of the European parliament and the council`s definition were taken in to account. According to 2004/24/EY herbal medicinal products is any medicinal product, exclusively containing as active ingredients one or more herbal substances or one or more herbal preparations, or one or more such herbal substances in combination with one or more such herbal preparations. There were all together 194 products included in the study. Documentation of 184 products was found on paper in Fimea`s archives. Of the remaining five out of ten products it was found some basic information in electronic rohdos-register and of one product on an on paper final act. Data of these six products was only used partly because of its deficiencies. The data of four products wasn`t found. Under a more detailed study there was all together 184 products between 1964 and 2011. The material was divided to time periods 1964 - 1983, 1984 - 1987, 1988 - 1995, 1996 - 2005 and 2006 - 2011 by the changes in legislation. The information given of herbal preparations was the most affected by the changes in legislation in 1994 and 2005. The amount of new licenses was increasing until the time period 1988 - 1995. Licenses were granted the most during 1988 - 1955. After 1996 the amount of warnings, prohibitions and contraindications rose and many of the products that got the license in previous time period 1966 - 1955 left the market or transferred under the food legislation. As well many products with less consumption left the market because new studies demanded were expensive and cumbersome. In 2005 along the changes in legislation a clear change in attitudes came true, when a vague group of herbal preparations was removed and herbal preparations were divided into pharmaceuticals and food products. Along this change it has become easier for health care professionals to assess the risks and benefits of herbal preparations and advise the clients while making the decisions.