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Chapter 9 explores regulatory compliance, enforcement and certification. It analyses the vital role of enforcement action and how rules aimed at influencing human and institutional behaviour are translated into social reality. It draws attention to the human interaction that takes place during encounters with regulatory enforcement officials and regulators. We discuss how ‘risk-based’ approaches to regulation can be understood and operationalised. It then touches upon the investigatory powers of public regulators, and the nature, purpose and variety of regulatory sanctions. Finally, it examines the role of ‘private’ bodies and other ‘regulatory intermediaries’ in certifying that a regulatee’s activities complies regulatory standards which purport to offer consumers, as primary beneficiaries, ‘assurance’ of the quality of the resulting outputs.
Although the 13 United States courts of appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics but also to many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each court of appeals. In-depth interviews of the chief judges of all 13 circuits and surveys of all clerks of court reveal previously undisclosed practices and customs.
This chapter describes professional issues within clinical psychology. It includes summaries of several national conferences on training, the development of the doctor of psychology (PsyD) degree, and the establishment of the clinical scientist model, the scientist-practitioner model, and the practitioner-scholar model of clinical training. It also outlines the contours of professional regulation including via certification and licensure by state clinical psychology boards, and the American Board of Professional Psychology. It also discusses the ethical standards of the American Psychological Association, and regulation of clinical psychologists’ behavior by the APA ethics committee and state licensing boards. The chapter tells the story of how clinical psychologists gained the right to practice psychotherapy independently and to receive insurance coverage for mental health services, summarizes the impact of changes in the economics of mental health service delivery, and provides the latest information on the controversy over clinicians’ right to prescribe medication. There is also a review of efforts being made to enhance clinicians’ multicultural competence and, based on historical and current forces in the field, a set of predictions about where clinical psychology is heading in the future.
The proposal for a European Health Data Space aims at creating a common space where individuals may control their health data in a trusted and secure way. The objective is not only improving healthcare delivery, but also enhancing the opportunities to use health data for research and innovation. To achieve these results, the proposal implements a mandatory self-certification scheme for European health records systems as well as for wellness devices and applications, setting up essential requirements related to interoperability and security. Although this is the first intervention that sets a horizontal framework that is mandatory for all Member States, the security requirements that are included in the legislative proposal are not sufficiently detailed and comprehensive. Given that cyberthreats are increasing and security incidents affecting health data may potentially have an impact on the lives of patients, it is important that cybersecurity measures are adopted and implemented in the most effective way. The paper will analyse the European Health Data Space proposal pointing to the open issues and doubts that may be emerging and it will compare them with the proposed Cyber Resilience Act, identifying the issues that may be solved thanks to this horizontal regulation and the ones that instead remain open.
This chapter provides a detailed analysis of efforts on the part of the main players in the wine industry to simultaneously embrace black economic empowerment, economic competitiveness and environmental sustainability. It notes that while this ironically led to the spinning of a new web of certification, with associated costs, the overall consequences were favourable. The cooperative sector underwent the greatest upheaval, while the number of producing wholesalers increased greatly. There was also a marked increase in the number of private cellars, before falling off again after 2008. The reinvention of Cape was also reflected in the introduction of many new cultivars and marked improvements in quality. The most obvious success lay in a quadrupling of exports by volume in the decade after 1997, which absorbed the wine surplus in a context where domestic sales remained sluggish. The chapter ends with a comparison of different types of empowerment deal and an asssessment of how far the industry has been able to deracialise itself at the level of production, distribution and consumption.
With the introduction of wine to the Cape Colony, it became associated locally with social extremes: with the material trappings of privilege and taste, on the one side, and the stark realities of human bondage, on the other. By examining the history of Cape wine, Paul Nugent offers a detailed history of how, in South Africa, race has shaped patterns of consumption. The book takes us through the Liquor Act of 1928, which restricted access along racial lines, intervention to address overproduction from the 1960s, and then latterly, in the wake of the fall of the Apartheid regime, deregulation in the 1990s and South Africa's re-entry into global markets. We see how the industry struggled to embrace Black Economic Empowerment, environmental diversity and the consumer market. This book is an essential read for those interested in the history of wine, and how it intersects with both South African and global history.
This article systematically evaluates whether, how, and to what extent twelve prominent forestry and fisheries certification schemes address human rights in their standards. In line with the broader cross-fertilization of the fields of international human rights and environmental law and policy, our results demonstrate that human rights norms and considerations – primarily Indigenous, labour, and procedural rights – are increasingly reflected in the rulemaking of these schemes. At the same time, our analysis also demonstrates the mixed and underwhelming performance of certification standards in protecting human rights norms, including those relating to women, children, racialized and ethnic minorities, persons with disabilities, Indigenous peoples, workers, 2SLGBTQIA+ communities, and peasants and rural peoples. Through descriptive statistics, we also show that levels of human rights adherence vary significantly across schemes and that standards developed in the forestry sector tend to outperform those for fisheries. Our methodology and results add a new dimension to efforts to assess the stringency, equity, and legitimacy of private authority in the environmental field.
Sometimes, it is possible for an industry to preempt government regulation by mitigating the societal concerns that prompt the government to intervene. This is desirable when government intervention is likely to be clumsy. Executing preemption is difficult. The challenge lies in the absence of enforcement power: not every industry player, and sometimes no single industry player, necessarily has an incentive to do what is desirable for the industry as a whole. And, by construction, there is no Institution with the power to impose change. This chapter studies two general settings in which this challenge exists and, nevertheless, the industry is able to achieve optimal preemption.
This chapter assesses the mechanisms of reporting, impact measurement, and certification. I first examine the actual reporting practices of the social enterprises in common law Asia, and then analyze the reporting requirements of the public benefit corporations, social purpose corporations, and community interest companies. Next, I examine whether social enterprises in common law Asia have disclosed impact and I explain why so few of them have done so, and I analyze whether social enterprises should be required or incentivized to do so. Subsequently, I propose a three-step framework to guide social enterprises on impact measurement. Finally, I critically assess three types of certification regime in the US, Hong Kong, and Malaysia.
Edited by
Andreas Rasche, Copenhagen Business School,Mette Morsing, Principles for Responsible Management Education (PRME), UN GlobalCompact, United Nations,Jeremy Moon, Copenhagen Business School,Arno Kourula, Amsterdam Business School, University of Amsterdam
This chapter discusses the nature, legitimacy, impact and critique of voluntary standards for sustainability. We first develop a definition of sustainability standards and distinguish three different types of standards. This discussion shows that, while standardisation in the field of sustainability has grown in recent years, existing initiatives differ in several important ways. Next, we discuss how the legitimacy of sustainability standards can be assessed. We differentiate between standards’ input and output legitimacy. We then focus on the impact that sustainability standards can potentially have on adopting firms, end consumers and the regulated issue area. The final section takes a detailed look at the critique that has been raised against selected standards (e.g., the coexistence of multiple standards with a similar purpose).
Animal welfare assessment at group level is a scientific discipline that is rapidly developing. The interest in welfare assessment systems is based on an ethical concern for the welfare of farm animals. The scientific community plays an important role in delivering an appropriate repeatable, valid and feasible framework for these assessments. Consideration of the potential applications of these techniques is important for deciding upon the requirements of specific assessment systems. This paper provides a brief overview of the different types of applications, which can be categorised broadly into research, legislative requirements (non-voluntary), certification systems (voluntary) and advisory/management tools. These applications may have various goals: quantification of welfare, provision of welfare assurance or welfare management. Assessment systems vary in many characteristics, such as whether they are animal- or resource-based, and whether they are based on single or integrated scores. Different applications will require different elements of these features.
Much development work has already been done by the industry and the competent authorities in countries exporting meat to the EU, and these countries are well on their way to satisfying the requirements of Regulation (EC) No 1099/2009. The major problem for animal welfare was that the electrical parameters used for water-bath stunning of poultry were not set at levels which ensured that birds were effectively stunned. In addition, there are meat quality issues when higher currents are used. Other areas to be further developed include clarification and formalisation of the tasks of the Animal Welfare Officer; certifying competence of the relevant staff; adapting and improving or completing the existing standard operating procedures. Several countries need to make changes to their transport/delivery practices or to the arrangements for accommodating animals, so that they respect the requirement to feed and bed animals if not slaughtered within 12 hours of their arrival at the slaughterhouse.
Regarding broilers, Brazil is the third largest producer and the leading chicken meat exporter in the world. Independent certifications are required by some importers in the European Union (EU) to guarantee compliance with minimum welfare requirements. Our objective was to compare broiler chicken welfare in GLOBALGAP® certified (C) and non-certified (N) intensive farms in the State of Paraná, Brazil, using the Welfare Quality® protocol. Ten farms in each group were evaluated and data were transformed using scores that ranged from 0 to 100, where 100 is the best condition. Results suggested that farms adhered to minimum welfare standards, regardless of certification and that the adoption of standards based on overseas rules may have limitations for the improvement of animal welfare. In order to further improve broiler welfare in Brazil, more rigorous standards should be developed.
Animal welfare is multidimensional; its assessment relies on complementary measures covering all dimensions. Welfare Quality® constructed a multicriteria evaluation model for its assessment at unit level (farms, slaughterhouses). Four welfare principles are distinguished (‘Good feeding’, ‘Good housing’, ‘Good health’, and ‘Appropriate behaviour’). An animal unit receives four principle scores (expressed on a 0-100 value scale). These scores are aggregated together to form the overall assessment by sorting animal units into predefined welfare categories boundaried by reference profiles. A unit is assigned to the welfare category above the profile it is considered at least as good as. Several assignment procedures were tested on a set of 69 dairy farms and compared with observers’ general impressions. The welfare categories, reference profiles and assignment procedure were defined in consultation with social scientists, animal scientists and stakeholders. Four welfare categories were defined: ‘Excellent’, ‘Enhanced’, ‘Acceptable’, and ‘Not classified’. The reference profiles were set at 80, 55 and 20, corresponding to aspiration values for Excellent, Enhanced and Acceptable. The assignment procedure resulted from a compromise between theoretical opinion on what should be considered excellent, enhanced or acceptable, and what can realistically be achieved in practice: to be assigned to a given category, a unit must reach its aspiration value on 2 or 3 of the 4 principles, and not score below the aspiration value for the next lowest category on the other principle(s). The model can be used for several purposes, including identifying welfare problems on a farm to advise farmers, or checking compliance with certification schemes.
There have been important developments in the measurement of farm animal welfare in recent years. Measuring animal welfare is one thing, implementing a farm animal welfare assessment system another. The implementation of such a system occurs in an environment that is influenced by economic, political, technological and socio-cultural factors which interact with each other. This creates enormous complexity, generates a huge number of different potential ‘futures’, and makes the eventual impact that the system will have on the welfare of farm animals uncertain. This article draws upon strategic management literature to apply scenario analysis as a technique to help understand the variance of the uncertainty associated with the implementation of an animal welfare assessment scheme. Specifically, it develops two extreme scenarios based on a theoretical European-wide implementation: one scenario in which all uncertain factors influence the implementation of the assessment system in a negative way, and one scenario in which all these factors have positive impacts. These scenarios provide insight into the variance of possible futures in which the system may have to function. Although consumers are an important stakeholder group, their role in creating uncertainty for the system may be overestimated; it is apparent that the roles of companies, brands and certification organisations deserve significant attention, as well as any relevant institutional structure.
This paper discusses the current state of development of on-farm cattle welfare assessment systems with special regard to the approach of Welfare Quality® that focuses on animal-related measures. The central criteria validity, reliability and feasibility are considered with regard to selected welfare measures. All welfare measures incorporated into the Welfare Quality® protocol possess face validity, but for most of them construct or criterion validity as, eg shown for lameness, have not been demonstrated. Exemplarily the cases of qualitative behaviour assessment and measurement of avoidance distance towards humans or social licking are discussed. Reliability issues have often been neglected in the past and require more thorough investigation and discussion in the future, especially with respect to appropriate test statistics and limits of acceptability. Means of improving reliability are the refinement of definitions or recording methods and training. Consistency of results over time requires further attention, especially if farms are to be certified, based on infrequent recordings. Considering feasibility, time constraints are the main concern for assessment systems that focus seriously on animal-based measures; currently they require several hours of on-farm recordings, eg about 6 h for a herd of 60 dairy cows. The Welfare Quality® project has promoted knowledge and discussion about validity, reliability and feasibility issues. Many welfare measures applied in the Welfare Quality® on-farm assessment approach can be regarded sufficiently valid, reliable and feasible. However, there are still a considerable number of challenges. They should be tackled while using the present assessment system in order to constantly improve it.
A confluence of environmental and supply security are driving the aviation community to consider alternatives to petroleum-derived jet fuels. It was recognized early on in the process that the sheer size of the existing aircraft fleet and supporting jet fuel infrastructure, along with regulatory constraints, precluded the introduction of a chemical energy carrier requiring aircraft or fuel handling equipment modifications. Consequently, the chosen path forward was focused on synthetic alternatives with essentially identical chemical compositions and physical properties, called drop-in fuels. This chapter will describe the regulatory basis enabling the use of these fuels by the existing aircraft fleet and the technical approach used to validate the drop-in nature of these fuels.
A confluence of environmental and supply security are driving the aviation community to consider alternatives to petroleum-derived jet fuels. It was recognized early on in the process that the sheer size of the existing aircraft fleet and supporting jet fuel infrastructure, along with regulatory constraints, precluded the introduction of a chemical energy carrier requiring aircraft or fuel handling equipment modifications. Consequently, the chosen path forward was focused on synthetic alternatives with essentially identical chemical compositions and physical properties, called drop-in fuels. This chapter will describe the regulatory basis enabling the use of these fuels by the existing aircraft fleet and the technical approach used to validate the drop-in nature of these fuels.
This chapter argues that participation in voluntary programs can facilitate ongoing quality competition, enabling a race. It advances a theory of self-regulatory competition that may sustain this race. From this perspective, programs can be designed to facilitate a race to the top despite tendencies for label managers to compete for the lowest common denominator or for firms to greenwash and strategically overrepresent their environmental performance. Building on the premise underpinning demonstration projects improving supply chains and facilitating uptake of new technologies, it highlights how ecolabel programs can help transform markets. Once a market becomes crowded, new standards can be set, raising the bar for building performance. Data from the LEED program demonstrate that, over time, organizations and especially private firms invest additional resources to attain higher certification tiers, becoming greener as part of a race to the top in a voluntary, green building certification program.
Psychologists often specialize within the field. In doing so, they may undergo a voluntary examination process in a specialty area. Psychology recognizes specialty areas including: Behavioral and Cognitive Psychology, Child and Adolescent Psychology, Clinical Neuropsychology and its subspecialty Pediatric Neuropsychology, Clinical Psychology, Clinical Psychopharmacology, Counseling Psychology, Couple and Family Psychology, Forensic Psychology, Geropsychology, Group Psychology, Organizational and Business Consulting Psychology, Police and Public Safety Psychology, Psychoanalysis in Psychology, Rehabilitation Psychology, School Psychology, Serious Mental Illness Psychology, Sleep Psychology. Each requires training in the Foundational and Functional psychology competencies, yet also requires additional focused training (mostly post-doctoral) in the specialty area. Although this is a voluntary process, an increasing number of institutions such as hospitals, medical centers, and academic settings are encouraging board certification for privileges. This chapter describes the process of becoming board certified in a specialty through the American Board of Professional Psychology (ABPP).