首页 > 最新文献

European Journal of Risk Regulation最新文献

英文 中文
Political Institutions and Long-Term Policymaking: How Parliamentary Future Committees Can Make a Difference 政治体制与长期决策:议会未来委员会如何发挥作用
IF 2.9 Q1 Social Sciences Pub Date : 2024-01-02 DOI: 10.1017/err.2023.85
Vesa Koskimaa, Tapio Raunio

Responding to the need to make democratic governance more anticipatory, during recent decades parliaments have increasingly made efforts to involve elected legislators directly in addressing future risks and envisioning long-term developments. At the level of general democratic-institutional principles, engaging legislators in national-level foresight is expected to enhance the general legitimacy of future-regarding policymaking almost automatically by broadening the scope of democratic actors involved in policy work. However, even the basic mechanisms through which the impact of legislature-based foresight activities could traverse to policymaking remain largely uncharted and unknown. To develop a preliminary framework for detecting and comparing such mechanisms, we draw from the experiences of the most institutionalised and influential legislature-based foresight unit, the Committee for the Future in the Finnish Eduskunta. We extract three general mechanisms through which parliamentary future committees could make a valuable contribution to national-level strategic foresight: (1) they can improve the quality of future-regarding policymaking by broadening and consolidating national foresight “ecosystems”; (2) they can strengthen the transparency and accountability of the foresight work of political executives; and (3) they can enhance the legitimacy of anticipatory governance by connecting broader democratic publics to foresight work through more inclusive participatory processes.

为了满足使民主治理更具预见性的需要,近几十年来,各国议会越来越多地努力让当选的立法者直接参与应对未来风险和预测长期发展。从一般民主制度原则的层面来看,让立法者参与国家层面的前瞻性工作,通过扩大参与政策工作的民主行为者的范围,预计几乎会自动提高未来决策的一般合法性。然而,即使是立法机构展望活动对决策产生影响的基本机制,在很大程度上也是未知的。为了建立一个初步框架来检测和比较这些机制,我们借鉴了最制度化和最有影响力的立法机构展望单位--芬兰议会未来委员会--的经验。我们总结出议会未来委员会可以为国家级战略展望做出宝贵贡献的三个一般机制:(1)它们可以通过扩大和巩固国家展望 "生态系统",提高未来决策的质量;(2)它们可以加强政治行政部门展望工作的透明度和问责制;(3)它们可以通过更具包容性的参与进程,将更广泛的民主公众与展望工作联系起来,从而提高预测性治理的合法性。
{"title":"Political Institutions and Long-Term Policymaking: How Parliamentary Future Committees Can Make a Difference","authors":"Vesa Koskimaa, Tapio Raunio","doi":"10.1017/err.2023.85","DOIUrl":"https://doi.org/10.1017/err.2023.85","url":null,"abstract":"<p>Responding to the need to make democratic governance more anticipatory, during recent decades parliaments have increasingly made efforts to involve elected legislators directly in addressing future risks and envisioning long-term developments. At the level of general democratic-institutional principles, engaging legislators in national-level foresight is expected to enhance the general legitimacy of future-regarding policymaking almost automatically by broadening the scope of democratic actors involved in policy work. However, even the basic mechanisms through which the impact of legislature-based foresight activities could traverse to policymaking remain largely uncharted and unknown. To develop a preliminary framework for detecting and comparing such mechanisms, we draw from the experiences of the most institutionalised and influential legislature-based foresight unit, the Committee for the Future in the Finnish <span>Eduskunta</span>. We extract three general mechanisms through which parliamentary future committees could make a valuable contribution to national-level strategic foresight: (1) they can improve the quality of future-regarding policymaking by broadening and consolidating national foresight “ecosystems”; (2) they can strengthen the transparency and accountability of the foresight work of political executives; and (3) they can enhance the legitimacy of anticipatory governance by connecting broader democratic publics to foresight work through more inclusive participatory processes.</p>","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139077797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Protecting Future People’s Future: How to Operationalise Present People’s Unfulfilled Promises to Future Generations 保护后代人的未来:如何落实当代人对后代人未兑现的承诺
IF 2.9 Q1 Social Sciences Pub Date : 2024-01-02 DOI: 10.1017/err.2023.86
Alberto Alemanno

As societies become more concerned with their impacts on future generations, the question of how to translate that concern into greater consideration in contemporary decision-making is coming to the fore. Despite growing societal acceptance of the ethics of obligations to the future – as reflected in record-high number of future-sensitive constitutions and international treaties – present generations’ promises to future generations remain unfulfilled. This article explains why and offers an alternative approach to future-proofing. After providing a systematic account of the multiple efforts at aligning the actions of decision-makers with the interests of future generations, it argues that achieving the inclusion of future generations’ interests in contemporary policymaking requires more than their legal codification and the establishment of new and typically scattered institutions, mechanisms and procedures. It rather calls for a more holistic, future-orientated and proactive approach by all public authorities. These must increasingly be expected to create the conditions not only for policymakers to consider the temporal dimension of their decisions, but also for all stakeholders – including new dedicated institutions – to hold present people accountable to currently non-existent future generations. To do so beyond the environment and climate space is a matter of urgency. This is the spirit animating this Special Issue devoted to long-term risks and future generations: to nurture a more imaginative theorisation and operationalisation of the recognition of future generations’ interests in contemporary policymaking beyond today’s institutional and conceptual models.

随着社会越来越关注其对子孙后代的影响,如何将这种关注转化为当代决策中的更多考 虑,这一问题正在凸显出来。尽管越来越多的社会接受了对未来承担义务的伦理观念--这体现在对未来问题有敏感认识的宪法和国际条约的数量创下历史新高--但当代人对后代人的承诺仍未实现。本文解释了其中的原因,并提出了另一种面向未来的方法。在系统阐述了为使决策者的行动符合子孙后代的利益而做出的多种努力之后,本文认为,要在当代决策中纳入子孙后代的利益,需要做的不仅仅是将其编纂成法律,也不仅仅是建立新的、通常是分散的机构、机制和程序。相反,它要求所有公共当局采取更加全面、面向未来和积极主动的方法。我们必须越来越多地期待这些机构不仅为决策者创造条件,考虑其决策的时间维度,而且为所有利益相关方--包括新的专门机构--创造条件,使当代人对目前尚不存在的后代负责。在环境和气候领域之外这样做是当务之急。这就是本期特刊专门讨论长期风险和子孙后代问题的精神所在:在当代决策中,超越当今的制度和概念模式,将对子孙后代利益的认识理论化和操作化,以培养更多的想象力。
{"title":"Protecting Future People’s Future: How to Operationalise Present People’s Unfulfilled Promises to Future Generations","authors":"Alberto Alemanno","doi":"10.1017/err.2023.86","DOIUrl":"https://doi.org/10.1017/err.2023.86","url":null,"abstract":"<p>As societies become more concerned with their impacts on future generations, the question of how to translate that concern into greater consideration in contemporary decision-making is coming to the fore. Despite growing societal acceptance of the ethics of obligations to the future – as reflected in record-high number of future-sensitive constitutions and international treaties – present generations’ promises to future generations remain unfulfilled. This article explains why and offers an alternative approach to future-proofing. After providing a systematic account of the multiple efforts at aligning the actions of decision-makers with the interests of future generations, it argues that achieving the inclusion of future generations’ interests in contemporary policymaking requires more than their legal codification and the establishment of new and typically scattered institutions, mechanisms and procedures. It rather calls for a more holistic, future-orientated and proactive approach by all public authorities. These must increasingly be expected to create the conditions not only for policymakers to consider the temporal dimension of their decisions, but also for all stakeholders – including new dedicated institutions – to hold present people accountable to currently non-existent future generations. To do so beyond the environment and climate space is a matter of urgency. This is the spirit animating this Special Issue devoted to long-term risks and future generations: to nurture a more imaginative theorisation and operationalisation of the recognition of future generations’ interests in contemporary policymaking beyond today’s institutional and conceptual models.</p>","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139077857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Regulatory “Reliance” in Global Trade Governance 全球贸易治理中的监管 "依赖
IF 2.9 Q1 Social Sciences Pub Date : 2023-12-28 DOI: 10.1017/err.2023.73
Andrew Lang

One of the most significant recent trends in global trade governance has been the increasing use of regulatory “reliance” arrangements as a significant element of trade alliances. Against this backdrop, an important set of questions are raised about how existing institutions of global trade governance – especially the World Trade Organization and international regulatory standards organisations – should respond. To what extent, and how, should such institutions facilitate reliance arrangements? And what role can they usefully play in overseeing and guiding their use? This paper begins to answer these questions through a focused case study of regulatory reliance in the agrifood sector. Four challenges are identified regarding the implementation of such arrangements: the high costs of establishment and maintenance; the lack of agreed and reliable assessment methodologies; the potential for arbitrary discrimination between trade partners; and the difficulties of dealing with regulatory change over time. In light of these challenges, the paper assesses the work of existing international organisations in governing reliance arrangements in the agrifood sector. The paper concludes with a number of preliminary suggestions as to how this architecture of global governance might be supplemented or harnessed to address some of the challenges posed by reliance arrangements.

全球贸易治理最近最重要的趋势之一是越来越多地使用监管 "依赖 "安排作为贸易联盟的重要内容。在此背景下,提出了一系列重要问题,即现有的全球贸易治理机构--特别是世界贸易组织和国际监管标准组织--应如何应对。这些机构应在多大程度上以及如何促进依赖安排?它们在监督和指导依赖安排的使用方面能发挥什么作用?本文通过对农业食品行业监管依赖的重点案例研究,开始回答这些问题。本文指出了实施此类安排所面临的四个挑战:建立和维护的成本高昂;缺乏商定的可靠评估方法;贸易伙伴之间可能存在任意歧视;以及难以应对监管随时间推移而发生的变化。鉴于这些挑战,本文评估了现有国际组织在管理农粮部门依赖性安排方面的工作。本文最后就如何补充或利用这一全球治理架构来应对依赖安排带来的一些挑战提出了一些初步建议。
{"title":"Regulatory “Reliance” in Global Trade Governance","authors":"Andrew Lang","doi":"10.1017/err.2023.73","DOIUrl":"https://doi.org/10.1017/err.2023.73","url":null,"abstract":"<p>One of the most significant recent trends in global trade governance has been the increasing use of regulatory “reliance” arrangements as a significant element of trade alliances. Against this backdrop, an important set of questions are raised about how existing institutions of global trade governance – especially the World Trade Organization and international regulatory standards organisations – should respond. To what extent, and how, should such institutions facilitate reliance arrangements? And what role can they usefully play in overseeing and guiding their use? This paper begins to answer these questions through a focused case study of regulatory reliance in the agrifood sector. Four challenges are identified regarding the implementation of such arrangements: the high costs of establishment and maintenance; the lack of agreed and reliable assessment methodologies; the potential for arbitrary discrimination between trade partners; and the difficulties of dealing with regulatory change over time. In light of these challenges, the paper assesses the work of existing international organisations in governing reliance arrangements in the agrifood sector. The paper concludes with a number of preliminary suggestions as to how this architecture of global governance might be supplemented or harnessed to address some of the challenges posed by reliance arrangements.</p>","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139051273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Disciplining Health Regulations through the World Trade Organization’s Agreement on the Application of Sanitary and Phytosanitary Measures: Science and the Rule of Law 通过世界贸易组织《动植物卫生检疫措施应用协定》约束卫生法规:科学与法治
IF 2.9 Q1 Social Sciences Pub Date : 2023-12-22 DOI: 10.1017/err.2023.84
Denise Prévost
The World Trade Organization’s (WTO) Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) disciplines WTO Members’ health regulations to prevent their misuse for protectionist purposes. In doing so, its obligations reflect several elements of the rule of law, including legal certainty, non-arbitrariness and non-discrimination, as well as a recognition of the rights of individuals. Through its obligations of non-discrimination, transparency and scientific justification and the scope it leaves for Members to prioritise the protection of health over trade liberalisation, the SPS Agreement can be regarded as entailing a rule-of-law approach. However, cognisant of the limits to the rule of law when transposed to the international level, it is important to avoid an overly “judicialised” approach to the disciplines of the SPS Agreement, and in particular its reliance on scientific justification to prevent arbitrariness in sanitary and phytosanitary regulation. Otherwise, there is a risk of intruding too far into the regulatory autonomy of States, weakening the “compliance pull” of the agreement and thus inadvertently undermining the rule of law in this area. An approach that instead recognises the inherent subjectivity and uncertainty in science and respects Members’ divergent priorities in health regulation would go further in engendering support for the rules-based system of international trade.
世界贸易组织(WTO)的《卫生与植物检疫措施协定》(SPS 协定)对 WTO 成员国的卫生法规进行了约束,以防止其被滥用于保护主义目的。在此过程中,其义务反映了法治的若干要素,包括法律确定性、非任意性和非歧视性,以及对个人权利的承认。通过其不歧视、透明度和科学依据的义务,以及为成员国留下的将保护健康置于贸易自由化之上的空间,《卫生和植物检疫措施协定》可被视为包含了一种法治方法。然而,认识到法治在移植到国际层面时的局限性,重要的是要避免对《卫生和植物检疫措施协定》的纪律采取过于 "司法化 "的方法,特别是其对科学理由的依赖,以防止卫生和植物检疫条例的任意性。否则,就有可能过分干涉各国的监管自主权,削弱协定的 "合规拉力",从而无意中破坏这一领域的法治。相反,承认科学中固有的主观性和不确定性并尊重各成员在卫生监管方面不同的优先事项的方法,将进一步促进对基于规则的国际贸易体系的支持。
{"title":"Disciplining Health Regulations through the World Trade Organization’s Agreement on the Application of Sanitary and Phytosanitary Measures: Science and the Rule of Law","authors":"Denise Prévost","doi":"10.1017/err.2023.84","DOIUrl":"https://doi.org/10.1017/err.2023.84","url":null,"abstract":"\u0000 The World Trade Organization’s (WTO) Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) disciplines WTO Members’ health regulations to prevent their misuse for protectionist purposes. In doing so, its obligations reflect several elements of the rule of law, including legal certainty, non-arbitrariness and non-discrimination, as well as a recognition of the rights of individuals. Through its obligations of non-discrimination, transparency and scientific justification and the scope it leaves for Members to prioritise the protection of health over trade liberalisation, the SPS Agreement can be regarded as entailing a rule-of-law approach. However, cognisant of the limits to the rule of law when transposed to the international level, it is important to avoid an overly “judicialised” approach to the disciplines of the SPS Agreement, and in particular its reliance on scientific justification to prevent arbitrariness in sanitary and phytosanitary regulation. Otherwise, there is a risk of intruding too far into the regulatory autonomy of States, weakening the “compliance pull” of the agreement and thus inadvertently undermining the rule of law in this area. An approach that instead recognises the inherent subjectivity and uncertainty in science and respects Members’ divergent priorities in health regulation would go further in engendering support for the rules-based system of international trade.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138947382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Regulating Gatekeeper Artificial Intelligence and Data: Transparency, Access and Fairness under the Digital Markets Act, the General Data Protection Regulation and Beyond 监管把关人人工智能和数据:数字市场法》、《通用数据保护条例》及其他规定下的透明度、访问权和公平性
IF 2.9 Q1 Social Sciences Pub Date : 2023-12-13 DOI: 10.1017/err.2023.81
Philipp Hacker, Johann Cordes, Janina Rochon
Artificial intelligence (AI) is not only increasingly being used in business and administration contexts, but a race for its regulation is also underway, with the European Union (EU) spearheading the efforts. Contrary to existing literature, this article suggests that the most far-reaching and effective EU rules for AI applications in the digital economy will not be contained in the proposed AI Act, but in the Digital Markets Act (DMA). We analyse the impact of the DMA and related EU acts on AI models and underlying data across four key areas: disclosure requirements; the regulation of AI training data; access rules; and the regime for fair rankings. We demonstrate that fairness, under the DMA, goes beyond traditionally protected categories of non-discrimination law on which scholarship at the intersection of AI and law has focused on. Rather, we draw on competition law and the FRAND criteria known from intellectual property law to interpret and refine the DMA provisions on fair rankings. Moreover, we show how, based on Court of Justice of the European Union jurisprudence, a coherent interpretation of the concept of non-discrimination in both traditional non-discrimination and competition law may be found. The final section sketches out proposals for a comprehensive framework of transparency, access and fairness under the DMA and beyond.
人工智能(AI)不仅越来越多地应用于商业和行政领域,其监管竞赛也在进行之中,而欧盟(EU)则是这一竞赛的先锋。与现有文献相反,本文认为,欧盟针对数字经济中的人工智能应用制定的影响最深远、最有效的规则将不会包含在拟议的《人工智能法》中,而是包含在《数字市场法》(DMA)中。我们分析了《数字市场法》和相关欧盟法案对人工智能模型和基础数据在以下四个关键领域的影响:披露要求;人工智能训练数据的监管;访问规则;以及公平排名制度。我们证明,根据《人工智能法》,公平性超越了传统上受保护的非歧视法类别,而人工智能与法律交叉领域的学术研究一直专注于此。相反,我们借鉴了竞争法和知识产权法中的 "FRAND "标准来解释和完善《数字千年发展目标》中有关公平排名的条款。此外,我们还展示了如何根据欧盟法院的判例,在传统非歧视法和竞争法中找到对非歧视概念的一致解释。最后一节概述了在 DMA 及其他法律框架下建立透明度、可及性和公平性综合框架的建议。
{"title":"Regulating Gatekeeper Artificial Intelligence and Data: Transparency, Access and Fairness under the Digital Markets Act, the General Data Protection Regulation and Beyond","authors":"Philipp Hacker, Johann Cordes, Janina Rochon","doi":"10.1017/err.2023.81","DOIUrl":"https://doi.org/10.1017/err.2023.81","url":null,"abstract":"Artificial intelligence (AI) is not only increasingly being used in business and administration contexts, but a race for its regulation is also underway, with the European Union (EU) spearheading the efforts. Contrary to existing literature, this article suggests that the most far-reaching and effective EU rules for AI applications in the digital economy will not be contained in the proposed AI Act, but in the Digital Markets Act (DMA). We analyse the impact of the DMA and related EU acts on AI models and underlying data across four key areas: disclosure requirements; the regulation of AI training data; access rules; and the regime for fair rankings. We demonstrate that fairness, under the DMA, goes beyond traditionally protected categories of non-discrimination law on which scholarship at the intersection of AI and law has focused on. Rather, we draw on competition law and the FRAND criteria known from intellectual property law to interpret and refine the DMA provisions on fair rankings. Moreover, we show how, based on Court of Justice of the European Union jurisprudence, a coherent interpretation of the concept of non-discrimination in both traditional non-discrimination and competition law may be found. The final section sketches out proposals for a comprehensive framework of transparency, access and fairness under the DMA and beyond.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138580400","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
States of Emergency, Simultaneous Overreach and Underreach and the COVID-19 Pan(dem)ic 紧急状态、同时过度和不足以及 COVID-19 Pan(dem) ic
IF 2.9 Q1 Social Sciences Pub Date : 2023-12-13 DOI: 10.1017/err.2023.82
Max Steuer
Previous research has neglected how repeated declarations of states of emergency (SsoE) in response to the same emergency may combine with executive overreach and underreach within a single jurisdiction, undermining the authority of the SsoE as a legal institution and increasing the vulnerability of the constitutional system as a result. This article examines how decision-makers’ commitment to a culture of justification is central to avoiding emergency mismanagement via underreach, overreach or their combination. The simultaneous instances of executive overreach and underreach as emergency management failures are studied via the Slovak case, which was celebrated for its initial response to the COVID-19 pandemic but castigated for its failure to contain the subsequent waves. The analysis of the legal framework of the SsoE and the justifications for SsoE declarations uncovers the lack of justifications for the patterns of simultaneous executive underreach and overreach, underscoring the elusiveness of these categories. The limited justifications for the decisions demonstrated by the “government in panic” point to the undermining of the SsoE as a legal institution. The article concludes with highlighting how leaders’ role conceptions as democratic emergency managers might be necessary to sustain the authority of the SsoE.
以往的研究忽视了为应对同一紧急情况而反复宣布紧急状态(SsoE)如何在单一管辖范围内与行政越权和执法不足相结合,从而削弱紧急状态作为法律制度的权威,并因此增加宪法制度的脆弱性。本文探讨了决策者对合理性文化的承诺如何成为避免紧急情况管理不善的核心,从而避免 "越权"、"越位 "或两者的结合。斯洛伐克因其对 COVID-19 大流行病的最初反应而备受赞誉,但却因其未能控制随后的疫情而备受指责。对 SsoE 法律框架和 SsoE 声明理由的分析揭示了行政部门同时存在的 "不作为 "和 "过度作为 "模式缺乏正当理由,突出了这些类别的不确定性。慌乱中的政府 "所展示的决策理由有限,这表明作为法律机构的 SsoE 遭到了破坏。文章最后强调了领导者作为民主应急管理者的角色概念对于维持 SsoE 的权威性的必要性。
{"title":"States of Emergency, Simultaneous Overreach and Underreach and the COVID-19 Pan(dem)ic","authors":"Max Steuer","doi":"10.1017/err.2023.82","DOIUrl":"https://doi.org/10.1017/err.2023.82","url":null,"abstract":"Previous research has neglected how repeated declarations of states of emergency (SsoE) in response to the same emergency may combine with executive overreach and underreach within a single jurisdiction, undermining the authority of the SsoE as a legal institution and increasing the vulnerability of the constitutional system as a result. This article examines how decision-makers’ commitment to a culture of justification is central to avoiding emergency mismanagement via underreach, overreach or their combination. The simultaneous instances of executive overreach and underreach as emergency management failures are studied via the Slovak case, which was celebrated for its initial response to the COVID-19 pandemic but castigated for its failure to contain the subsequent waves. The analysis of the legal framework of the SsoE and the justifications for SsoE declarations uncovers the lack of justifications for the patterns of simultaneous executive underreach and overreach, underscoring the elusiveness of these categories. The limited justifications for the decisions demonstrated by the “government in panic” point to the undermining of the SsoE as a legal institution. The article concludes with highlighting how leaders’ role conceptions as democratic emergency managers might be necessary to sustain the authority of the SsoE.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138580401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Introducing a Research Programme for Quantum Humanities: Theoretical Implications 介绍量子人文研究计划:理论意义
IF 2.9 Q1 Social Sciences Pub Date : 2023-11-30 DOI: 10.1017/err.2023.71
Astrid Bötticher, Jose Hernandez, Matthias C. Kettemann, Volker Gast, Rodrigo Araiza Bravo
Quantum computing is a form of computing based on the principles of quantum mechanics. Quantum computing promises to revolutionise society through technological solutions to previously unsolvable problems or by enhancing the capacities of current computational technologies. Additionally, quantum computing has the potential to revolutionise the humanities and social sciences. We denote the study of these changes as “quantum humanities”, whose study focuses on the potential of quantum computing. This paper proposes a research programme for quantum humanities, which includes the application of quantum algorithms to humanities research, reflection on the methods and techniques of quantum computing and evaluation of its potential societal implications. Moreover, we argue that, foundationally, quantum mechanics has serious implications for the ways in which data and information are used to produce seemingly objective technologies. Thus, quantum computing is a nexus for the study of knowledge itself. This research programme aims to define the field of quantum humanities and to establish it as a meaningful part of the humanities and social sciences.
量子计算是基于量子力学原理的一种计算形式。量子计算有望通过技术解决以前无法解决的问题或通过增强当前计算技术的能力来彻底改变社会。此外,量子计算有可能彻底改变人文和社会科学。我们将这些变化的研究称为“量子人文学科”,其研究重点是量子计算的潜力。本文提出了一个量子人文学科的研究方案,包括量子算法在人文学科研究中的应用、对量子计算方法和技术的反思以及对其潜在社会影响的评估。此外,我们认为,从根本上说,量子力学对数据和信息用于产生看似客观的技术的方式具有严重的影响。因此,量子计算是知识本身研究的纽带。本研究计划旨在界定量子人文学科领域,并使其成为人文社会科学的一个有意义的组成部分。
{"title":"Introducing a Research Programme for Quantum Humanities: Theoretical Implications","authors":"Astrid Bötticher, Jose Hernandez, Matthias C. Kettemann, Volker Gast, Rodrigo Araiza Bravo","doi":"10.1017/err.2023.71","DOIUrl":"https://doi.org/10.1017/err.2023.71","url":null,"abstract":"Quantum computing is a form of computing based on the principles of quantum mechanics. Quantum computing promises to revolutionise society through technological solutions to previously unsolvable problems or by enhancing the capacities of current computational technologies. Additionally, quantum computing has the potential to revolutionise the humanities and social sciences. We denote the study of these changes as “quantum humanities”, whose study focuses on the potential of quantum computing. This paper proposes a research programme for quantum humanities, which includes the application of quantum algorithms to humanities research, reflection on the methods and techniques of quantum computing and evaluation of its potential societal implications. Moreover, we argue that, foundationally, quantum mechanics has serious implications for the ways in which data and information are used to produce seemingly objective technologies. Thus, quantum computing is a nexus for the study of knowledge itself. This research programme aims to define the field of quantum humanities and to establish it as a meaningful part of the humanities and social sciences.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138507193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
European Union Regulation of Water Stress Risks 欧盟水压力风险条例
IF 2.9 Q1 Social Sciences Pub Date : 2023-11-16 DOI: 10.1017/err.2023.76
Riccardo Stupazzini
Water stress is a growing concern in Europe, partly due to the changing climate context. Despite the cross-cutting impacts that water availability has on different areas under the competence of the European Union (EU), there is not currently a comprehensive and systematic legal framework addressing this issue. The purpose of this article is therefore to examine the EU legislation that concerns the measures aimed at mitigating these risks. To this purpose, it is first examined how droughts and water scarcity are framed within EU legal acts. Based on such an overview, the analysis is directed to the mechanisms developed at the EU level for monitoring, identifying and forecasting water stress risks, as well as the legal provisions relating to the planning tools. The remainder of the article is devoted to the regulation of preventative measures for water scarcity and drought risk reduction, following the water hierarchy resulting from COM(2007) 414.
水资源紧张在欧洲日益受到关注,部分原因是气候变化。尽管在欧洲联盟(EU)的管辖范围内,水资源供应对不同地区产生了交叉影响,但目前还没有一个全面和系统的法律框架来解决这一问题。因此,本文的目的是审查有关旨在减轻这些风险的措施的欧盟立法。为此,本文首先考察了干旱和水资源短缺是如何在欧盟法律行为框架内形成的。根据这种概览,分析针对的是在欧盟一级为监测、查明和预测水资源压力风险而制定的机制,以及与规划工具有关的法律规定。本文的其余部分将根据COM(2007) 414得出的水资源等级制度,致力于对水资源短缺和减少干旱风险的预防措施进行监管。
{"title":"European Union Regulation of Water Stress Risks","authors":"Riccardo Stupazzini","doi":"10.1017/err.2023.76","DOIUrl":"https://doi.org/10.1017/err.2023.76","url":null,"abstract":"Water stress is a growing concern in Europe, partly due to the changing climate context. Despite the cross-cutting impacts that water availability has on different areas under the competence of the European Union (EU), there is not currently a comprehensive and systematic legal framework addressing this issue. The purpose of this article is therefore to examine the EU legislation that concerns the measures aimed at mitigating these risks. To this purpose, it is first examined how droughts and water scarcity are framed within EU legal acts. Based on such an overview, the analysis is directed to the mechanisms developed at the EU level for monitoring, identifying and forecasting water stress risks, as well as the legal provisions relating to the planning tools. The remainder of the article is devoted to the regulation of preventative measures for water scarcity and drought risk reduction, following the water hierarchy resulting from COM(2007) 414.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":2.9,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138507194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Much Ado About Nothing? Reflections on the European Commission’s Proposal for an Inter-institutional Ethics Body 无事生非?对欧盟委员会关于建立机构间伦理机构建议的思考
Q1 Social Sciences Pub Date : 2023-11-13 DOI: 10.1017/err.2023.78
Danai Petropoulou Ionescu, Andreea Năstase
Abstract On 8 June 2023, the European Commission published a long-awaited proposal for the establishment of an interinstitutional ethics body, meant to restore the public’s faith in the European Union’s administration following the Qatargate corruption scandal. Alas, the Commission’s proposal outlines a body that lacks investigative and sanctioning powers, has minimal administrative capacity and for the most part relies on the institution’s own policing. Put simply, it falls short of the promises made by the Commission’s President in her 2019 political guidelines, and much shorter of what was expected as a remedy to the European Union’s recent ethics-related scandals. In this short piece, we reflect on the Commission’s proposal for an inter-institutional ethics body in light of the overall ethics framework in the Union and provide a brief analysis of the Commission’s missed opportunity and of what could have been.
2023年6月8日,欧盟委员会公布了一项期待已久的建立机构间道德机构的提案,旨在恢复公众对卡塔尔门腐败丑闻后欧盟管理的信心。唉,欧盟委员会的提案概述了一个缺乏调查和制裁权力的机构,行政能力最低,而且在很大程度上依赖于该机构自己的监管。简而言之,它没有实现欧盟委员会主席在其2019年政治指导方针中做出的承诺,也远远低于人们对欧盟近期道德相关丑闻的补救措施的期望。在这篇短文中,我们根据欧盟的整体道德框架,反思了欧盟委员会关于建立机构间道德机构的建议,并简要分析了欧盟委员会错失的机会和本可以实现的目标。
{"title":"Much Ado About Nothing? Reflections on the European Commission’s Proposal for an Inter-institutional Ethics Body","authors":"Danai Petropoulou Ionescu, Andreea Năstase","doi":"10.1017/err.2023.78","DOIUrl":"https://doi.org/10.1017/err.2023.78","url":null,"abstract":"Abstract On 8 June 2023, the European Commission published a long-awaited proposal for the establishment of an interinstitutional ethics body, meant to restore the public’s faith in the European Union’s administration following the Qatargate corruption scandal. Alas, the Commission’s proposal outlines a body that lacks investigative and sanctioning powers, has minimal administrative capacity and for the most part relies on the institution’s own policing. Put simply, it falls short of the promises made by the Commission’s President in her 2019 political guidelines, and much shorter of what was expected as a remedy to the European Union’s recent ethics-related scandals. In this short piece, we reflect on the Commission’s proposal for an inter-institutional ethics body in light of the overall ethics framework in the Union and provide a brief analysis of the Commission’s missed opportunity and of what could have been.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136348428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Strategic Foresight and Policy Evaluation: Insights for an Integrated Approach 战略远见和政策评估:综合方法的见解
Q1 Social Sciences Pub Date : 2023-11-09 DOI: 10.1017/err.2023.77
Laura De Vito, Gaia Taffoni
Abstract Grand challenges are shaping twenty-first-century politics. Threats connected to health, climate, demographics and welfare are increasingly intruding on the lives of citizens. Still, governments are often found off-guard, and policymakers need strategies grounded in longer-term perspectives. Strategic foresight (SF) helps us to design and shape policies to prepare to withstand shocks, anticipating and adapting to changes. However, as governments work towards embedding SF into their policymaking processes, the empirical evidence suggests that applications are still piecemeal and predominantly limited to the agenda-settings and policy formulation stages. In this article, we argue that to drive anticipatory governance, foresight needs to be applied at all stages of the policy cycle, including in evaluating policies to draw lessons for future interventions. We maintain that considering SF systemically throughout the policymaking cycle, from agenda setting to evaluation, strengthens anticipatory governance.
重大挑战正在塑造21世纪的政治。与健康、气候、人口和福利有关的威胁日益侵入公民的生活。尽管如此,政府经常被发现猝不及防,政策制定者需要基于长期视角的战略。战略远见(SF)帮助我们设计和制定政策,为抵御冲击做好准备,预测和适应变化。然而,随着政府努力将科学技术融入其政策制定过程,经验证据表明,科学技术的应用仍然是零碎的,主要局限于议程设置和政策制定阶段。在本文中,我们认为,为了推动预见性治理,需要在政策周期的所有阶段应用预见性,包括在评估政策以吸取未来干预措施的经验教训时。我们认为,在整个政策制定周期中,从议程设置到评估,系统地考虑SF,可以加强预期治理。
{"title":"Strategic Foresight and Policy Evaluation: Insights for an Integrated Approach","authors":"Laura De Vito, Gaia Taffoni","doi":"10.1017/err.2023.77","DOIUrl":"https://doi.org/10.1017/err.2023.77","url":null,"abstract":"Abstract Grand challenges are shaping twenty-first-century politics. Threats connected to health, climate, demographics and welfare are increasingly intruding on the lives of citizens. Still, governments are often found off-guard, and policymakers need strategies grounded in longer-term perspectives. Strategic foresight (SF) helps us to design and shape policies to prepare to withstand shocks, anticipating and adapting to changes. However, as governments work towards embedding SF into their policymaking processes, the empirical evidence suggests that applications are still piecemeal and predominantly limited to the agenda-settings and policy formulation stages. In this article, we argue that to drive anticipatory governance, foresight needs to be applied at all stages of the policy cycle, including in evaluating policies to draw lessons for future interventions. We maintain that considering SF systemically throughout the policymaking cycle, from agenda setting to evaluation, strengthens anticipatory governance.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135244525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
期刊
European Journal of Risk Regulation
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1