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Inadequate or ineffective health financing poses a significant challenge to the Government of Lao People’s Democratic Republic’s goal of achieving universal health coverage by 2030. Here we explore possible application in the Lao context of the Center for Global Development’s New Compact approach, including locally-led evidence-informed prioritisation, domestic financing and consolidated supplementary aid. Using WHO’s political economy analysis guide we identify opportunities and barriers and propose a road map towards implementation of the New Compact. This includes firstly, increasing local capacity and systems to generate and use evidence in policy and resource allocation decisions, starting with specific use cases related to the Essential Services Health Package and vaccines portfolio. Secondly, shifting available domestic resources to highest priority services, including at the primary health care level, based on deeper understanding of existing funding and where efficiency, cost-effectiveness and equity can be optimised. Thirdly, improving government and donor coordination aligned to national priorities and gradually increasing funds pooling as feasible.
This chapter critically engages longstanding and recurring debates about the relative neglect of the phenomenological dimension of imprisonment and the pains it entails within dominant theoretical and legal frameworks of punishment. It identifies three major shortcomings that lead penal theory and, by extension, aspects of judicial practice to insufficiently account for the reality of incarceration: the tendency to normatively justify the imposition rather than the infliction of punishment; the reliance on duration as the principal metric of sentence severity; and the decontextualization of justice-involved persons, framed through individualistic and essentialist lenses. Following this analysis, the chapter turns to a close examination of the thresholds of penal pain established in human rights frameworks – most notably the Eighth Amendment of the US Constitution and Article 3 of the ECHR – exposing their limitations in fully protecting incarcerated persons against the harms embedded in the structural and systemic features of prison life. Taken together, the discussion underscores a broad juridical tendency to disregard the lived experience of imprisonment, thereby overlooking deeper and more corrosive pains that largely escape legal scrutiny.
This chapter examines what is considered a fact in individual communications processed by the Human Rights Committee (HRC), recognized as the UN’s most authoritative human rights monitoring body. Despite its significance, little is known about the HRC’s handling of individual complaints against states that have signed the optional protocol. Through the case studies of Sanila-Aikio v. Finland (2018) and Näkkäläjärvi et al. v. Finland (2018), which address the inclusion of new voters on the Sámi Parliament’s electoral roll, the chapter scrutinizes the Committee’s evidentiary practices. Notably, the Finnish Supreme Administrative Court added ninety-three persons to the Sámi Parliament’s electoral roll, while an unreferenced study suggested over half a million could be eligible. The Committee included this study without verifying its reliability. The chapter explores how evidence is translated and distanced from Committee members, questioning how material veracity is determined. It concludes by reflecting on how the HRC’s evidentiary regime shapes and supports certain narratives while marginalizing others.
What is unprincipled adjudication and when, if ever, is it justified? In addressing those questions, this essay attempts to complete a project begun with Professor Fred Schauer.
Fundamentals of Indian Contract Law offers an accessible yet comprehensive account of the law of contract in India. Authored by two experienced lawyers, it examines the vast and complex body of Indian judicial precedent to identify underlying structural principles. This carefully organized book covers: (i) formation of contracts, (ii) vitiating factors, (iii) illegality, (iv) interpretation, (v) performance, (vi) discharge, and (vii) remedies for breach. Students and practitioners will find it to be an invaluable map with which to navigate a foundational subject.
The Path to Enlightened Investor Stewardship begins from a transformative premise: that institutional investors, as custodians of capital, bear enduring responsibilities not only to their proximate clients and beneficiaries, but also to end-investors and to the financial, social, and ecological systems in which they operate. Yet stewardship remains a contested and fragmented field of norms, practices, and expectations. Focusing on the UK as a paradigmatic site, this book traces the historical, conceptual, and regulatory evolution of stewardship from its shareholder-centric roots to an expansive, system-aware model. Drawing on original analysis of stewardship disclosures and activist interventions, and informed by interdisciplinary insights, it develops a typology of investor stewardship-multi-level, multi-actor, multi-asset, multi-mean, and multi-aim. At its heart is the model of enlightened investor stewardship: a relational and purposive practice that charts a path from fragmented duties to coherent accountability, and from procedural compliance to transformative responsibility.
This book examines how European Union (EU) law regulates unhealthy lifestyles, focusing on the consumption of tobacco, alcoholic beverages and foods of poor nutritional quality. The first part of the book clarifies the EU's competences in this field and the content of its policy. It also outlines the main regulatory tools adopted in relation to each of the risk factors covered, such as product bans, labelling requirements or advertising restrictions. The second part of the book explores the fundamental tension between the commodification of these lifestyles and the pursuit of health policy objectives. It addresses two central questions: How does EU law reconcile the goal of creating a market for unhealthy products with that of reducing or eliminating their consumption? And how does EU law balance market uniformity with the diversity and scientific uncertainty inherent in lifestyle practices?
This volume explores an understudied aspect of courts: The extent to which informal institutions and relational networks (e.g., professional, clientelist, family etc.) relations affect how courts are organised and operate. For instance, to what extent can ‘good personal relations’ outweigh professional merits in judicial appointment processes? Or in what ways do international or domestic judicial networks help protect courts against other branches of power? Our relational-institutional perspective allows us to better understand a variety of important processes for the comparative study of courts – including judicial appointments, judicial decision-making, judicial administration, institutional development, inter-branch relations, corruption, and court reform, among others. More importantly, an emphasis on informality sheds new light on the accountability role of courts in democratic regimes, at a time when democracy worldwide is at risk and authoritarian regimes are on the rise. Bringing together the thoughts of scholars with different levels of seniority and disciplinary expertise, this volume offers cross-national engagement with theory, providing systematic analyses of the configuration, operation, and roles of informal institutions and relations, and their importance in different socio-political contexts and legal systems.
This article argues that modern trust law has undergone a radical global transformation while remaining largely absent from democratic debate, a condition the article terms trust law’s ‘permissive invisibility’. The article traces how trust law’s origins in equity entrenched a judge-centric, normatively charged but socially insulated doctrinal culture, which proved increasingly permissive as trusts were repurposed for regulatory arbitrage in an era of transnational financial capitalism. The article then shows how legislative reform was critically enabled by trust law’s particularly low public salience but inverted, high salience among the owners and operators of concentrated capital. The recursive force of this judicial and legislative permissiveness has now normalised antisocial innovations such as perpetual and massively discretionary trusts. The article concludes by calling for empirically grounded, critical socio-legal study in the tradition articulated by Roger Cotterrell as a necessary precondition for any democratically credible trust law reform agenda.
One of the most striking developments in the case law of the European Court of Human Rights Court over the past decade is the development a new doctrine of subsidiarity that has been presented as democracy-enhancing. This article explores this turn to subsidiarity in European human rights to assess the extent to which it is positively contributing to democracy. The article does so by first unpacking the notion of subsidiarity, arguing that it is a composite notion that has organisational, legal and democratic elements. Against this background, the article examines the place and space of subsidiarity in the European human rights system, finding that subsidiarity is overwhelmingly concerned with organisational matters. It does speak to democracy but only in a small subset of cases, which typically involve well-functioning democracies. This also means that the new democracy-enhancing doctrine does very little work in the context of democratically backsliding member states.