Conscientious Objection in the Context of Compulsory Vaccination (and Beyond)
Conscientious objection and civil disobedience are important concepts that raise fundamental questions about the relationship between individuals and political authority. One of them is the problem of the legal status of (religious or secular) conscientious objection – in legal theory, international law and in national constitutional law. A good opportunity to analyse the concept of...
The Adaptation and Development of China Emission Trading System: Legal Transplants as a Bridge
China is constructing the biggest Emission Trading System, which is transplanted from the international climate change law. The paper traces the history on the construction of the ETS through the Kyoto protocol which set up the legal framework of international climate change law, analyzing the phenomenon of legal transplants during this history. Meanwhile, the paper...
The nexus between ‘energy security‘‘ and ‘ecological security‘: the case for an integrated policy framework for effective mitigation and adaptation to climate change
Both ‘energy security‘ and ‘ecological security‘ are fundamental notions that highlight the need for States to cooperate towards adoption of effective transnational measures to address the challenges of environmental protection and natural resource scarcity. This paper argues that policy responses to climate change should aim to redefine the notions of energy and ecological security by...
The risks of “securitization“ of climate change
Focusing on the legal tools against climate change, there are instruments that may be used when a sudden and unpredictable event happens. They are commonly known as emergency measures. There are some cases in which the emergency measures are effectively the only instruments able to face an urgent event, but there is an actual risk...
The relationship between rules and technologies in a modern healthcare system
Scientific progress in health care, increasingly fuelled by new technologies in recent years, constantly poses questions whose answers are not easy to identify. While laws try to codify new phenomena related to technological development the rule of law and the consequences of technology are not always in step. This work aims to highlight discrepancies between...