International Journal of Public Law and Policy

Weber, Rolf H.

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.041888

Since governance is changing under conditions of interconnectedness now happening and new approaches of rule-making structures need to be taken into account, the multi-stakeholder-approach with its inclusion of all stakeholders involved in the governance process has become a much discussed topic primarily in the context of the internet governance debates. Requiring a high level of competence and expertise, modern rule-making processes depend on the joint involvement of all stakeholders having the necessary expertise. As to that, possible legal approaches for including both state and private actors into lawmaking frameworks need to be developed. Considering first attempts of realising this subject, as for instance the Guiding Principles on Business and Human Rights published by John Ruggie, the Special Representative to the Secretary-General of the United Nations, or the Governmental Advisory Committee’s influence on the Internet Corporation of Assigned Names and Numbers, the conclusion can be drawn that different models of rule-making processes attempting to overcome the prevailing governance and participation gaps need to be realised.

Short, Tyler

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.041889

The recent decision of Sherley v. Sebelius has temporarily stopped federal funding for research conducted on embryonic stem cells (ESCs) with the preliminary injunction issued by Chief Judge Royce C. Lamberth. This paper will focus on: The Court considered four factors in order to determine that a preliminary injunction should be issued: An analysis of these four factors will show that the District Court incorrectly determined there should be a preliminary injunction and therefore there should be federal funding for ESC research.

Draper, Brandon Marc

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.041890

This article contends that the demand for Electoral College reform that occurs during every US presidential election season, most notably after the 2000 presidential election controversy, is largely misguided. Individuals demanding reform mainly seek to replace the Electoral College with an election system that, unlike the Electoral College, guarantees that the winner earns the most national popular votes. However, public choice provides a unique framework for assessing the inherent flaws of these reforms against the Electoral College. This article, under a public choice analysis, will seek to explain the deficiencies of the Electoral College, but more importantly, explain why reforms to or the abolishment of the Electoral College may either fail to solve US presidential election problems or even exacerbate them.

Tardif, Eric

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.041891

Three regions of the world – Western Europe, North America, and Australia – are probably the most popular options when families of emerging countries decide to emigrate in order to better their economic future. As the flow of immigrants establishing themselves in the receiving societies allows for these countries to get culturally richer, it creates, on the other hand, legal tensions as to the extent religious practice is to be accommodated by the governments of secular societies in order to facilitate the insertion of the newcomers into the workplace, social networks, and education system. In order to eliminate or diminish the effect of legal provisions that cause an indirect harm to religious minorities, several countries have taken steps in order to ‘reasonably accommodate’ them. This paper looks at these efforts made by receiving states, taking into account both the legislative aspect and the interpretation of the statutes and constitutional provisions by national as well as international tribunals; it also gives a critical appreciation of the results that have been obtained in the societies that have implemented those shifts in their legal system.

Palmer, Phil

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.041892

The English legal approach to police negligent liability is highly restrictive. Immunity from prosecution continues to be the default position where claimants bring an action for negligent investigation or a negligent failure to protect. The alternative route to liability through the Human Rights Act has been so narrowly interpreted by the House of Lords, making the probability of a successful action as unlikely as an action in negligence. This article discusses the difficulties that claimants have in bringing a successful action and suggests an alternative route may be available using the tort of misfeasance.

Serralvo, Jose

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.041893

Following Saint Augustine’s views on contraception, the Catholic Church continues to condemn the use of prophylactics. Despite the protests of bishops and Catholic communities around the world who see prophylactics as an ally in the fight against the AIDS pandemics in Sub-Saharan Africa, the Vatican has refused to soften its stance. This paper outlines the Vatican’s responsibility on the issue under International Human Rights Law, in particular the right to health. It analyses how the societal elements of religious morality may hamper the effective enjoyment of such rights, and the way any discursive approach within a community may coerce the free will of the individual and make AIDS prevention policies more difficult.