Droit International Comparé et Européen
facilityAix-en-Provence, Provence-Alpes-Côte d'Azur, France
Research output, citation impact, and the most-cited recent papers from Droit International Comparé et Européen (France). Aggregated across the NobleBlocks index of 300M+ scholarly works.
Top-cited papers from Droit International Comparé et Européen
Agricultural food production and agriculturally-related change in land use substantially contribute to greenhouse-gas \nemissions worldwide. Four-fifths of agricultural emissions arise from the livestock sector. Although livestock products \nare a source of some essential nutrients, they provide large amounts of saturated fat, which is a known risk factor for \ncardiovascular disease. We considered potential strategies for the agricultural sector to meet the target recommended by the UK Committee on Climate Change to reduce UK emissions from the concentrations recorded in 1990 by 80% by 2050, which would require a 50% reduction by 2030. With use of the UK as a case study, we identified that a \ncombination of agricultural technological improvements and a 30% reduction in livestock production would be needed to meet this target; in the absence of good emissions data from Brazil, we assumed for illustrative purposes that the required reductions would be the same for our second case study in São Paulo city. We then used these data to model the potential benefits of reduced consumption of livestock products on the burden of ischaemic heart disease: disease burden would decrease by about 15% in the UK (equivalent to 2850 disability-adjusted life-years [DALYs] per million \npopulation in 1 year) and 16% in São Paulo city (equivalent to 2180 DALYs per million population in 1 year). Although likely to yield benefits to health, such a strategy will probably encounter cultural, political, and commercial resistance, and face technical challenges. Coordinated intersectoral action is needed across agricultural, nutritional, public health, \nand climate change communities worldwide to provide affordable, healthy, low-emission diets for all societies.
Pneumocystis jirovecii pneumonia (PCP) in patients without AIDS is increasingly common. We conducted a prospective cohort study of consecutive patients with proven PCP; of 544 patients, 223 (41%) had AIDS (AIDS patients) and 321 (59%) had other immunosuppressive disorders (non-AIDS patients). Fewer AIDS than non-AIDS patients required intensive care or ventilation, and the rate of hospital deaths--17.4% overall--was significantly lower for AIDS versus non-AIDS patients (4% vs. 27%; p<0.0001). Multivariable analysis showed the odds of hospital death increased with older age, receipt of allogeneic bone marrow transplant, immediate use of oxygen, need for mechanical ventilation, and longer time to treatment; HIV-positive status or receipt of a solid organ transplant decreased odds for death. PCP is more often fatal in non-AIDS patients, but time to diagnosis affects survival and is longer for non-AIDS patients. Clinicians must maintain a high index of suspicion for PCP in immunocompromised patients who do not have AIDS.
Among international environmental agreements, the early climate regime gave the best illustration of the principle of common but differentiated responsibilities. The principle has been frequently invoked in the delicate negotiations on the future climate regime, and its role has gradually evolved. The 2010 Cancún Agreements promoted a type of self‐differentiation which tended to blur the distinction between developing and developed countries. In the post‐2020 negotiations, the notion of intended nationally determined contributions to be communicated by each party took this approach further. However, differentiation was still at the core of discussions. The Paris Agreement represents a fine balance between the requirements of differentiation and ambition. Differentiation has grown both in flexibility and adaptability. The Agreement marks a decisive step forward in the gradual blurring of country categories, and better takes into account diverse national circumstances, capabilities and vulnerabilities, all of which are by their very nature changing over time.
International audience
BACKGROUND: A review of literature published a decade ago noted a significant increase in empirical papers across nine bioethics journals. This study provides an update on the presence of empirical papers in the same nine journals. It first evaluates whether the empirical trend is continuing as noted in the previous study, and second, how it is changing, that is, what are the characteristics of the empirical works published in these nine bioethics journals. METHOD: A review of the same nine journals (Bioethics; Journal of Medical Ethics; Journal of Clinical Ethics; Nursing Ethics; Cambridge Quarterly of Healthcare Ethics; Hastings Center Report; Theoretical Medicine and Bioethics; Christian Bioethics; and Kennedy Institute of Ethics Journal) was conducted for a 12-year period from 2004 to 2015. Data obtained was analysed descriptively and using a non-parametric Chi-square test. RESULTS: Of the total number of original papers (N = 5567) published in the nine bioethics journals, 18.1% (n = 1007) collected and analysed empirical data. Journal of Medical Ethics and Nursing Ethics led the empirical publications, accounting for 89.4% of all empirical papers. The former published significantly more quantitative papers than qualitative, whereas the latter published more qualitative papers. Our analysis reveals no significant difference (χ2 = 2.857; p = 0.091) between the proportion of empirical papers published in 2004-2009 and 2010-2015. However, the increasing empirical trend has continued in these journals with the proportion of empirical papers increasing from 14.9% in 2004 to 17.8% in 2015. CONCLUSIONS: This study presents the current state of affairs regarding empirical research published nine bioethics journals. In the quarter century of data that is available about the nine bioethics journals studied in two reviews, the proportion of empirical publications continues to increase, signifying a trend towards empirical research in bioethics. The growing volume is mainly attributable to two journals: Journal of Medical Ethics and Nursing Ethics. This descriptive study further maps the still developing field of empirical research in bioethics. Additional studies are needed to completely map the nature and extent of empirical research in bioethics to inform the ongoing debate about the value of empirical research for bioethics.
The universality of climate change challenges and interdependence in the reduction of greenhouse gas (GHG) emissions called for a collective response in a multilateral framework. However, because of discrepancies on the appropriate design for an international regime the European Community (EC) took the lead on the international stage in the negotiation and the application of the Kyoto Protocol. Thus, an international regime – a mixed agreement to which both the EC and its Member States are parties – and a regional regime in the framework of the European Union coexist. In both regimes, one of the core challenges remains to ensure the effective application of the law, which requires the setting up of compliance control mechanisms. At the international level, an innovative non-compliance procedure organizes a continuous monitoring which combines traditional techniques with more intrusive procedures. The system is also remarkable as regards the legal qualification of and reaction to non-compliance situations. For its part, the EC created a specific non-contentious mechanism and can make use of a reinforced jurisdictional armory and a reinforced sanctioning power. The EC's control mechanism should be able to take over from the Kyoto Protocol non-compliance mechanism in order to reinforce the effectiveness of adopted rules. Through the study of these mechanisms’ interactions, this article aims to assess the capacity of the control system as a whole to ensure the very credibility of the Protocol and the reliability of the international and European economic tools to reduce GHG emissions at least cost. Finally, it allows the envisaging of the possible evolutions of the legal regime of the fight against climate change.
Although a good deal of attention has been focused in understanding the impact of passion in non-work related activities (e.g. sports, romance etc), but little research examines its impact in the organizational work context. This study plugs these knowledge gaps; specifically our purpose is to empirically investigate the impact of harmonious passion on employee performance via work engagement. Through a questionnaire based survey from 210 full time permanent employees and 27 managers of a large commercial bank of Pakistan and statistical analysis utilizing SPSS and AMOS, the paper reveals that the employees, who are harmoniously passionate about their work, are more effective in both task and non-task related performance and in creating a conducive environment for efficient and effective functioning of the organization. Moreover, these relationships are mediated by work engagement. The paper contributes to the literature by advancing the role of passion and the intervening mechanism in work related activities.
James E. Beardsley; Les Grandes Decisions Du Conseil Constitutionnel., The American Journal of Comparative Law, Volume 24, Issue 2, 1 April 1976, Pages 341–345,
International audience
Research on emerging infectious diseases calls for a work on collections of pathogens (including hosts or vectors from which the pathogens were isolated), related to human and animal health, to wildlife or on the environmental material. In this respect, the adoption of a One Health perspective is determined by the need for a common approach to consider the collection, storage and use of pathogens coming from human or non-human sources, and particularly when the same pathogen is taken from different environments. In response to this development, our purpose is to delineate a flexible regulation framework concerning collections of pathogens from various origins or hosts and their associated data in order to facilitate scientific work and research partnerships. The legal and ethical cutting-edge research on Biomedical Big Data is particularly stimulating when it comes to address challenges related to collections or biobanks of pathogens such as prior informed consent and accessibility, Material Transfer Agreement or benefit sharing.
China is among the world’s largest producers of apples. It has a potentially large export market around the world. However, differences in food safety standards—for example, concerning pesticide residues—often pose serious challenges to Chinese exporters. Focusing mainly on Chinese exports of fresh apples to the European Union (EU), this article analyses these opportunities, related legal obstacles, and the increasingly successful strategies, both domestic and international, used by the Chinese government to meet those challenges associated with them. It considers the gradual alignment of Chinese standards with international standards, the Chinese export strategy based on government support for selected elite export companies, and the conclusion by the Chinese government of new bilateral agreements to open major new markets for Chinese businesses. In doing so, it traces interconnections between: international, EU, and Chinese food safety standards; China’s post-World Trade Organization succession international trade strategies; the modernization of Chinese agriculture; relations between public and private standards; the 16 + 1 arrangement between China and the Central and Eastern European countries including Member States of the EU; China’s One Belt, One Road initiative; and the development of a China-centred global food economy for apples. The result is an unusual form of regulatory collaboration between China and the EU. These factors are among the main drivers of transnational legal and economic relations in the international food trade today. They represent an emerging world food trade order.
The present study integrates several aspects of a parasitological survey in a rural community village combining community knowledge of parasites, their potential transmission routes and health risk factors. A rural community located in Northern Thailand was surveyed for intestinal parasites, and an overall prevalence of 45.2% for helminths and 4.8% for protozoan infections was identified. Socio-demographic characteristics, customs and perceptions were compiled using individual questionnaires and interviews for participants surveyed for parasitic screening. The results allowed us to determine the knowledge and perception of local people concerning helminthic infection and transmission. Despite the fact that the participants in this community were aware of parasitic transmission routes, their widespread custom of eating raw fish and meat render the reduction of helminthiasis difficult. A detailed study on the infection of fish-borne parasitic trematodes, the most prevalent helminth, allowed us to determine that the distance from a given household to the river is a determinant of infection intensity. Health education activities organised in the local community resulted in a change in perception of risks associated with parasite transmission.
The award adopted on July 12, 2016 by the Arbitral Tribunal established to settle the dispute between China and the Philippines in the South China Sea provides legal answers to most of the questions raised by the Philippines’ Government. This decision confirms, develops or clarifies some crucial aspects of the Law of the Sea. However, the impact of the decision remains uncertain. China has persistently challenged the validity of the procedure and the Philippines do not seem to claim strongly for the respect of the award, even though it was issued in their favour. Those uncertainties cast doubt on the relevance of some of the solutions opted for by the arbitrators.
International audience
International audience
Stem cell technology is undergoing a rapid development for its high potential in versatile therapeutic applications. Patent protection is a vital factor affecting the development and commercial success of life sciences inventions; yet human stem cells‐based inventions have been encountering significant restrictions particularly in the perspective of patentable subject matters. This article looks into the patentability limits and unique challenges for human stem cells‐based patents in four regions: Europe, the United States, China, and Japan. We will also provide suggestions for addressing the emerging issues in each region.
Abstract Big Data is now permeating environmental law and affecting its evolution. Data-driven innovation is highlighted as a means for major organizations to address social and global challenges. We present various contributions of Big Data technologies and show how they transform our knowledge and understanding of domains regulated by environmental law – environmental changes, socio-ecological systems, sustainable development issues – and of environmental law itself as a complex system. In particular, the mining of massive data sets makes it possible to undertake concrete actions dedicated to the elaboration, production, implementation, follow-up, and adaptation of the environmental targets defined at various levels of decision making (from the international to the subnational level). This development calls into question the traditional approach to legal epistemology and ethics, as implementation and enforcement of rules take on new forms, such as regulation through smart environmental targets and securing legal compliance through the design of technological artefacts. The entry of Big Data therefore requires the development of a new and specific epistemology of environmental law.
Situations of violent conflict are often propitious to the reconfiguration of social relations and, in particular, the renegotiation of masculine and feminine roles. Yet the Kurdish Workers’ Party (PKK) is seen as having gone farther than any other movement in feminizing its recruitment, supplying a complex theoretical foundation for male/female relations and genuinely attempting to apply the resulting principles at the organizational level. But are these quantitative transformations and organizational developments accompanied by distinctive gender relations within the PKK army? Have they dispensed with the sexual division of activist and warrior labor? In fact, the construction of gender relations within guerilla warfare is first and foremost a response to the questions raised by feminine involvement and is ultimately associated with a rationalization of “traditional” practices. Beyond this, it seems necessary to rethink the feminine question in terms of domination within the PKK: from this perspective, the liberation of women appears to be nothing more than the feminine version of the desexualization and submission of activists. ?
The Inter-American Court of Human Rights has developed an original, creative, avant-garde and even “legally non-conformist” jurisprudence. The Court takes certain liberties with regard to the way in which it interprets the American Convention , treating the State-centric paradigm and voluntarism with disdain and consequently risks displeasing member States and internationalist scholars. However, the Court adopts this attitude intentionally and asserts the Inter-American distinctiveness through its own construction of legal universalism. In order to analyse it, the paper will describe the Court's work through the prism of a number of problems, emphasizing the most salient characteristics of this “Inter-American doctrine”: individualization; criminilization; constitutionalization; humanization; and moralization of inter-American law.
Gene-editing technologies, ie those able to make changes in the DNA of an organism, are the object of global competition and a regulatory race between countries and regions. There is an attempt to craft legal frameworks protective enough for users, but flexible enough for developers of gene-editing technologies. This article examines the imaginary built into the framing of EU-level legal regulation of human gene-editing technologies and identifies its three key related facets: the tension around naturalness; safeguarding morality and ethics; and the pursuit of medical objectives for the protection of human health. Concerns around the use of gene-editing technologies in relation to eugenics and human enhancement have produced a multifaceted imaginary. We argue that this imaginary not only places a limit on EU-level regulation, despite a strong EU competence in respect of the internal market, but also seeks to ensure its legitimation.