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Strong health system governance requires effective stewardship of private actors operating within health systems and ensuring that their activities align with a government’s strategic health goals. Financialisation, defined as the expanding role of financial actors, instruments, and ideas, has been identified as a potential opportunity, but also challenge to health systems and their governance. There is a need to comprehensively understand how financialisation impacts both health systems and their governance. We initiated a critical interpretative synthesis of literature theorising financialisation of health systems or health system governance. A search was conducted to identify English-language, peer-reviewed and grey articles that (1) contains definitions or conceptual frameworks of financialisation; and (2) relates this concept to health systems or health-system governance. We found that articles defined financialisation as a transformative process characterised by the advent of private investors and financial instruments within health systems. We identified several emergent themes in the literature, such as the role of profits and competition in financialised health systems. Finally, most articles addressed potential challenges that financialisation raises for health system governance, especially accountability and transparency challenges. We conclude by considering how future research might address the remaining gaps within the literature.
This chapter deals with the peaceful settlement of disputes. It considers first the diplomatic methods of dispute settlement, being negotiation between the parties, the use of good offices and mediation by a third party, inquiry by a third party and conciliation by a third party producing a non-binding report. Relevant international instruments and cases are noted. The role of regional organisations is then covered, examining the functions of the African Union, the Organization of American States, the Arab League, and the various European institutions. The position of the specialised agencies of the UN is noted. The chapter next turns to the settlement of international economic disputes from the World Trade Organization, regional institutions, the World Bank, to the International Centre for Settlement of Investment Disputes and other mechanisms, including the use of bilateral investment treaties. Finally, the chapter considers arbitration as a binding method of third-party dispute settlement.
This chapter deals with the subjects of international law. The meaning of international legal personality is noted. The primary subject of the international system is the state and the conditions for the creation of statehood are examined (permanent population, defined territory, government and capacity to enter into relations with other states). Each of these conditions is examined. The role of self-determination in the context of the criteria of statehood is discussed, as is the function of recognition. The fundamental rights of states, such as independence and equality are noted. There then follow sections on particular kinds of states, such as protectorates and federal states, and then sui generis territorial entities, for example, mandated and trust territories in the past, territories under international administration, and entities of disputed status such as Taiwan, the Saharan Arab Democratic Republic, Kosovo and Palestine. Special cases such as the Sovereign Order of Malta, the Holy See and the Vatican City, and international corporations are covered before the right of peoples to self-determination is examined.
This chapter concerns the nature and role of the International Court of Justice. It begins by describing the organisation of the Court and the procedure for the appointment of the judges, then passes to the critical question of the jurisdiction of the Court. This is divided into interstate contentious jurisdiction and advisory jurisdiction. The former is based on consent, whether express or based upon a pre-existing obligation (whether a treaty or a declaration by the relevant states as deposited with the Court) as reflected in the Statute of the Court and its Rules. The sources of law, judicial propriety and legal interest are then considered, followed by an analysis of the question of evidence. The chapter turns to the indication of provisional measures, counterclaims and intervention by third parties. The question of remedies is then addressed, before the chapter turns to the advisory jurisdiction of the Court, where requested by the UN and its organs. The chapter concludes with a discussion of the role of the Court and the problem of the proliferation of courts and tribunals.
In 2022, the DC Circuit Court of Appeals decided the case Oglala Sioux Tribe v. United States Nuclear Regulatory Commission. Like similar cases, the plaintiffs, the Oglala Sioux, challenged a US federal agency, the Nuclear Regulatory Commission, over their granting of a permit to an industrial project, in this case a uranium mining project. The Oglala Sioux argued that the agency’s environmental impact statement (EIS) was incomplete and inadequate. The court rejected the Oglala Sioux’s arguments, decided that the EIS was sufficient, and ruled in favor of the Nuclear Regulatory Commission. Critically, even though the agency did not follow EIS procedures completely, the court applied several exemptions allowing the EIS to stand. As in other EIS cases in recent years, Oglala Sioux highlights the limitations of environmental law in the protection of US communities’ local environments and cultural heritage.
This chapter examines international humanitarian law or the laws of war or the laws of armed conflict. Its development is briefly traced and its substance based upon the four Geneva Conventions of 1949 examined. These cover the principles concerning the wounded and sick on land and on sea, the treatment of prisoners of war, and the protection of civilians in times of war. The scope and meaning of occupation is examined, ranging from the start of such occupation, the rights and duties of the occupying power and its cessation. In this context, the principles of self-determination and non-annexation of territory are noted. The relationship between international humanitarian law and international human rights law is then examined, followed by an analysis of the rules governing the conduct of hostilities. The status of non-international armed conflicts is considered, and then follows a survey of the pertinent principles governing cyber warfare. The chapter concludes with a look at the enforcement of international humanitarian law.
During Reconstruction, Bieral navigated shifting political landscapes, aligning with Republicans while maintaining ties to Democratic vice networks. His role in the Fisk–Stokes–Mansfield triangle and the Erie Railroad conflicts exemplifies the entanglement of personal vendettas, corporate power, and political violence. Bieral’s marriage to a Black woman suggests he embraced his ambiguous racial identity and repudiated his former support for white supremacy. The chapter explores the limits of reform and the endurance of patronage, highlighting Bieral’s ability to adapt and survive amid institutional change. His career reflects the uneasy coexistence of legality and lawlessness in Gilded Age America.
The unique statutory provision that is section 423 of the Insolvency Act 1986,1 offering redress to creditors that have been, or potentially will be, prejudiced by fraudulent transactions entered into by the debtor, has recently been the subject of interpretation by the Supreme Court in El-Husseiny v Invest Bank.2 This asset recovery provision is not strictly confined to insolvency situations.3 The core issue before the Supreme Court was whether the term ‘transaction’ in section 423 applied to a situation where a debtor procures a company which he owns to transfer a valuable asset for no consideration or at an undervalue which diminishes or eliminates the value of his shares in the company, or whether the provision required the debtor to personally own and transfer the asset in question.4 This was a preliminary matter that was found against the debtor in the Court of Appeal which enabled the substantive trial to proceed. While the substantive trial decided that other elements in section 423 were not met, the Supreme Court acknowledged that the parties did not seek to stop it from rendering its judgment, and that in any case the issue was of sufficient importance for it to proceed.5
International commercial arbitration has failed to redeem its promise to be efficient. Approximately 27 percent of all international commercial arbitral proceedings are settled before issuance of a merits-based award. This book asserts that legacy international commercial arbitration is based on the economic efficiencies arising from a zero-sum-game approach to dispute resolution pursuant to which the most efficient result is one that yields a prevailing (winning) and non-prevailing (losing) party. This emphasis on process efficiency has caused international commercial arbitration to lose its standing as the premier dispute resolution methodology for cross-border commercial conflicts. Historically, settlement has not been perceived as an element of the culture of international commercial arbitration. Only recently has a consensus arisen acknowledging that arbitrators have an obligation to facilitate settlement. This book explains that, through timely risk assessment, voluntary settlement of arbitral proceedings will become the rule, not the exception, leading to optimal efficiency.
This paper reports the results of an Australian qualitative study investigating the return of raw genomic data to research study participants. Increasing numbers of participants request access to their raw genomic data, although the legal position in relation to whether data should be returned lacks clarity, particularly in Australia. Interviews were conducted with stakeholders involved in two research studies where participants have undergone whole genome sequencing: ZERO Childhood Cancer, and the Australian Pancreatic Cancer Genome Initiative. Four major themes were identified: whether raw genomic data should be returned; reasons for seeking access; risks in returning data; and processes for return. Our findings indicate that health professionals, scientists, bioinformaticians, patients and patient advocates overwhelmingly support the return of raw data upon request, with ethical imperatives providing a strong basis for this support. Many stakeholders went on to stress the importance of adequate support for participants to ensure risks associated with the return of raw genomic data are minimized, including the provision of explanation and, where necessary, counselling and clinical advice. Our findings provide a basis for arguing that adequate resourcing must be built into research projects from the outset, given expected increases in participant demand for genomic data.
This case note examines the landmark judgement in Case C-115/24 (DrSmile), the CJEU’s first ruling specifically addressing cross-border telemedicine. The dispute centred on a hybrid orthodontic model where physical dental acts in Austria were coupled with remote monitoring and treatment planning from Germany. The Court’s decision creates a significant “digital scalpel,” legally slicing the medical act into discrete components. By interpreting Article 3(d) of Directive 2011/24/EU strictly, the Court ruled that only services provided exclusively at a distance qualify as telemedicine. This triggers a legal fiction that anchors regulatory oversight in the provider’s country-of-origin, favouring market integration. However, any physical component remains tethered to the destination state’s regulations. While providing much-needed judicial scaffolding, the author argues that this formalist division creates a clinical-legal gap. By severing indivisible therapeutic processes, the ruling risks creating liability vacuums and professional fragmentation.
Bieral’s service in the Civil War, particularly at the Battle of Ball’s Bluff, transformed his public image from thug to hero. The chapter chronicles his bravery, injuries, and subsequent court martial, revealing tensions between his violent past and military discipline. Bieral’s postwar activities – supporting Reconstruction, working in customs, and engaging in political violence – illustrate the persistence of private coercion in public life. His association with figures such as Boss Tweed and involvement in the Erie Railroad wars underscore the continuity of corruption and brutality. The chapter situates Bieral within the contested terrain of postbellum governance and reform.
Ocean acidification (OA) science has rapidly developed since 2005; however, international action remains limited. This chapter explains the complex scientific background of OA to non-scientists. OA is measured on a logarithmic pH scale, with oceans becoming 40 per cent more acidic since pre-industrial times. Three groups of compounds contribute to acidification: CO2 (the primary driver), nitrogen oxides (NOx), and sulphur oxides (SOx). These substances enter the oceans through various means, such as anthropogenic emissions, geoengineering, coastal activities, and scrubber effluents from ships. Additional ocean stressors, such as climate change, pollution, and overfishing, compound the effects of OA, making adaptation more challenging. OA threatens calcifying organisms such as corals and oysters, disrupts food webs, and impacts human ecosystem services valued at potentially $1 trillion annually by 2100. Adaptation options include blue carbon ecosystems, marine protected areas, and fisheries management. The issue encompasses ocean, atmosphere, and land systems across multiple timescales and spatial levels, necessitating diverse governance approaches that address both global CO2 emissions and local stressors.