The legal position of psycho-geriatric patients in nursing homes and residential homes

Recently the Law on Formal Admission to Psychiatric Hospitals was evaluated for the second time. This law aims to protect the legal position of psychiatric patients, who have been involuntarily admitted. This patient group includes psycho-geriatric patients who are admitted to residential and nursing homes for which this is indicated. In this article the part of the evaluation concerning the internal legal position of psycho-geriatric patients is reported. This part of the study investigated both the knowledge of the law in practice and its correct application, as well as the suitability of the law for this domain of health care. The conclusion can be drawn that residential and nursing homes are aware of the laws purposes, but health care practitioners find it hard to follow certain aspects of the law's procedures, especially regarding the use of restraints. The main reason for this is that the Formal Admission Law was designed for a psychiatric setting, which cannot easily be translated to the position of psycho-geriatric patients. The suggestion is made that the Government will develop new legislation, which reflects special characteristics of psycho-geriatric care. Meanwhile health institutions have to take measures in order to improve the legal position of patients in this sector.     

《野生动物保护法》再修订: 背景、争点与建议

《野生动物保护法》的修订已纳入全国人大2020年年度立法计划。现行《野生动物保护法》虽然经过多次修改, 但仍存在野生动物保护范围较窄、监管体制不顺、执法标准不科学、法律制度不完善等问题, 不能适应新时代“健康中国”、“美丽中国”战略协同规制的新需求。全国人大常委会通过的《关于全面禁止非法野生动物交易、革除滥食野生动物陋习、切实保障人民群众生命健康的决定》, 为修订《野生动物保护法》带来了良好机遇。目前各方面对于修订《野生动物保护法》既有共识, 也有争议, 呈现出不同利益诉求与立法思维的差异性, 以及立法过程中利益选择、利益表达、利益协调的复杂性。为此, 建议《野生动物保护法》的修订在完善立法目的、合理界定保护范围、健全“黑白”名单制度和许可证制度、优化野生动物保护监管体制、完善激励机制和法律责任制度等方面认真加以研究, 为促进环境治理体系和治理能力现代化“立良法”。     

Legal and regulatory concerns about transgenic plants in Brazil

Brazil has a biosafety law that was approved in 1995. This law provides for a horizontal type of regulation that coordinates other existing regulatory frameworks in the areas of agriculture, health and environment. Various federal government departments are responsible for implementing the law. The National Technical Biosafety Commission is the national competent authority on biosafety with overall responsibility. In the case of Bt plants or any insecticidal organism, the Agrochemical Law also applies and authorization for laboratory, greenhouse and field studies must be obtained from the Plant Protection Secretariat, the Brazilian Institute of Environment and the National Agency of Health. Furthermore, the National Environmental Council must issue a license for commercialization of any GMO. There is pressure needed for capacity building and to harmonize the regulatory and administrative frameworks among the different federal departments involved. Some perspectives and challenges for the commercial registration of transgenic crops are discussed.     

Recent cases of invasive alien mites and ticks in Japan: why is a regulatory framework needed?

Japan’s economy depends on the importation of natural resources, and as a result, Japan is subjected to a high risk of biological invasion. Although Japan has quarantine systems to protect ecosystems, agriculture, forestry, fisheries, and human health against alien species, economic globalization has resulted in an ever-increasing risk of invasion. Mite invasion is no exception. Alien species that impact natural ecosystems are regulated in Japan by the Invasive Alien Species Act. However, the law focuses only on visibly recognizable species, so that species too small to see, such as viruses, bacteria, fungi, and mites, are beyond the scope of this law. The Plant Protection Law has limited the introduction of alien pests, including mites, that are harmful to agricultural crops. Recently, the liberalization of global trade policies have increased pressure to loosen regulations on various pests, including spider mites. Infectious diseases and their causative species are quarantined under the Rabies Prevention Law, the Domestic Animal Infectious Diseases Control Law, and the Human Infectious Diseases Control Law, but these laws do not cover wildlife diseases. The most serious problem is that wild reptiles, which can be carriers of ticks and tick-borne diseases, can be freely introduced to Japan. These loopholes in Japan’s regulatory system have resulted in mite and tick invasions, which affect not only wildlife communities and human society but also endemism and biological diversity of natural mite populations.     

Will hospital closures mean physician unemployment in Ontario?

Dr. Duncan Sinclair, the former dean of medicine who heads the commission charged with restructuring Ontario''s health care system, said something dramatic was needed to revamp the system. He wasn''t kidding. His commission recently called for the closure of 3 hospitals in Ottawa and 10 more in Toronto. In a wideranging interview with Charlotte Gray he talks about the commission''s goals and their potential impact on physicians.     

Law of the Minimum Paradoxes

The “Law of the Minimum” states that growth is controlled by the scarcest resource (limiting factor). This concept was originally applied to plant or crop growth (Justus von Liebig, 1840, Salisbury, Plant physiology, 4th edn., Wadsworth, Belmont, 1992) and quantitatively supported by many experiments. Some generalizations based on more complicated “dose-response” curves were proposed. Violations of this law in natural and experimental ecosystems were also reported. We study models of adaptation in ensembles of similar organisms under load of environmental factors and prove that violation of Liebig’s law follows from adaptation effects. If the fitness of an organism in a fixed environment satisfies the Law of the Minimum then adaptation equalizes the pressure of essential factors and, therefore, acts against the Liebig’s law. This is the the Law of the Minimum paradox: if for a randomly chosen pair “organism–environment” the Law of the Minimum typically holds, then in a well-adapted system, we have to expect violations of this law.     

Precautionary Coastal States’ Jurisdiction

Throughout the life of the 1959 Antarctic Treaty there has been considerable development in the law of the sea. Negotiated following the 1958 First United Nations Conference on the Law of the Sea, at which the customary international law concepts of the territorial sea and continental shelf were codified into treaty law, the law of the sea has since developed through state practice and most importantly through the 1982 United Nations Convention on the Law of the Sea. Whatever the merits of examining the interaction between Antarctica and the law of the sea have been in the past, there is much to suggest that the general significance of such issues is growing, especially as states seek to determine the outer limits of their continental shelf claims and in doing so determine Antarctic baselines. This article examines these issues from a general law of the sea perspective, taking into account the impact of the Antarctic Treaty while reviewing Australian practice in particular.     

以国家公园为主体的自然保护地体系立法思考

实现十九大报告提出的建立以国家公园为主体的自然保护地体系的改革目标需要法治保障。建设自然保护地体系涉及的不同生态系统和多个管理部门、多方利益主体, 是一个巨大的复杂系统, 需要进行整体性、系统性的立法研究。目前, 国家正在推进国家公园体制改革并已将《国家公园法》列入十三届全国人大常委会立法计划。更需要我们从自然保护地立法体系建设的高度, 正确处理《国家公园法》与未来可能制定的《自然保护地法》的关系, 在《国家公园法》制定过程中为今后出台《自然保护地法》预留空间, 并建立相应的衔接机制, 统筹谋划并协同推进国家公园法与自然保护地立法。     

Clinical research law in Jordan: an ethical analysis

An ethical analysis of Jordan's Clinical Research Law, which became effective in 2001, was performed. Accordingly, this paper discusses the major components, key strengths and weaknesses of this law. As an initial effort, the Law addresses important aspects of research ethics and, hence, should serve as an example for other Arab Countries in the Middle East. Unique aspects of the Law include the requirement that those conducting any study have insurance that can compensate for research injuries and a system of fines and punishments for noncompliance with the Law. There are, however, some key items missing in the Jordanian Law. For example, the Law does not mention the requirement of a favourable assessment of risks and benefits, the fair selection of subjects, or articles regarding the protection of the rights and welfare of children and other vulnerable subjects participating in research. The paper concludes with the suggestion that new amendments should be considered for future revisions of the Clinical Research Law in Jordan.     

Our Planet,Our Health

Readers' corner

Our Planet, Our Health Report of the who commission on health and environment     

Science,sovereignty, and the third law of the Sea Conference

Abstract

The international law of marine scientific research is currently in flux. Efforts are under way at the Third Law of the Sea Conference to produce a treaty that, among other things, would make the law of research more uniform and certain. Sortie areas of disagreement certainly still exist in the Conference negotiations. Nonetheless, the negotiations have produced proposed treaty provisions concerning the law of research that have met with substantial approval. At this point, it does not appear likely that the Conference will produce major alterations in the main body of these provisions. These proposed treaty provisions indicate the future direction the law of research will take. Even if a workable treaty does not result from the negotiations, these provisions will undoubtedly inform customary international law. This article examines both the areas of agreement and the areas of disagreement at the Third Law of the Sea Conference in an effort to understand the probable future legal regime under which marine scientific research will be conducted.     

The Saudi Law of Ethics of Research on Living Creatures and its Implementing Regulations

The Kingdom of Saudi Arabia passed a Law and Implementing Regulations of Ethics of Research on Living Creatures in 14/09/1431 Hijri (24/08/2010). We have performed an ethical analysis of this law and, accordingly, this paper discusses the major components, key strengths, and weaknesses of this law. The Saudi system considers Islamic Shariah in addition to international research ethics guidelines. The Law and its Implementing Regulations contain all ethical requirements for research. We conclude that this law can serve as an example, not only for other Arab countries in the region that have similar values and social structure to the Kingdom of Saudi Arabia, but also for other Islamic countries.     

Mental health law: civil liberties and the principle of reciprocity.

At a conference organised by the Law Society, Mental Health Act Commission, and Institute of Psychiatry possible reform of mental health legislation in England and Wales was discussed. It was concluded that radical legal reform was required, and that the law should be designed specifically for provision of care in both hospital and the community. Reform should be based on principle rather than pragmatism, particularly the principle of reciprocity--patients'' civil liberties may not be removed for the purposes of treatment if resources for that treatment are inadequate. Protection of society from nuisance or even violence is insufficient reason for detention. Legal provision for compulsion of patients, whether in hospital or the community, must be matched by specific rights to treatment.     

Comparative cardiac mechanics: Laplace's Law

The pumping ability of the heart is determined by mechanical and geometrical factors. These latter are governed by Laplace's Law. The extent of the applicability of this law across mammalian species is examined utilizing allometric relations and dimensional analysis. Results show that Laplace's Law plays an important role in linking the anatomical design to the functional capability of mammalian hearts.     

Pulsatile blood flow, shear force, energy dissipation and Murray's Law

Background  

Murray's Law states that, when a parent blood vessel branches into daughter vessels, the cube of the radius of the parent vessel is equal to the sum of the cubes of the radii of daughter blood vessels. Murray derived this law by defining a cost function that is the sum of the energy cost of the blood in a vessel and the energy cost of pumping blood through the vessel. The cost is minimized when vessel radii are consistent with Murray's Law. This law has also been derived from the hypothesis that the shear force of moving blood on the inner walls of vessels is constant throughout the vascular system. However, this derivation, like Murray's earlier derivation, is based on the assumption of constant blood flow.     

The law of the sea regime and ocean law enforcement: New challenges for technology

Abstract

Coastal state enforcement in new zones of jurisdiction under the ocean management regime envisaged in the Law of the Sea Conference's negotiating text will undoubtedly spawn new technology in an effort to expand and improve surveillance. The author discusses enforcement challenges presented in the Law of the Sea regime and suggests some possible applications of technology to improve maritime law enforcement in the relatively near future.     

On the laws of psychophysics

Experiments by S. S. Stevens (Stevens, 1957, and Stevens and Galanter, 1957) and his collaborators indicate that the so-called logarithmic Weber-Fechner Law is not realized in most human perceptions. Instead, a power law seems to emerge over a large number of sensory continua. This is important because for a long time the logarithmic law was looked upon as almost the only possible psychophysical law. The logarithmic law appeared desirable intuitively because it made the sensation depend on the relative values of the stimuli and not on their absolute values. This is, of course, useful for evolutionary reasons. Some other reasons are also discussed by Stevens (1961).     

DEADLY PLURALISM? WHY DEATH‐CONCEPT,DEATH‐DEFINITION,DEATH‐CRITERION AND DEATH‐TEST PLURALISM SHOULD BE ALLOWED,EVEN THOUGH IT CREATES SOME PROBLEMS

Death concept, death definition, death criterion and death test pluralism has been described by some as a problematic approach. Others have claimed it to be a promising way forward within modern pluralistic societies. This article describes the New Jersey Death Definition Law and the Japanese Transplantation Law. Both of these laws allow for more than one death concept within a single legal system. The article discusses a philosophical basis for these laws starting from John Rawls' understanding of comprehensive doctrines, reasonable pluralism and overlapping consensus. It argues for the view that a certain legal pluralism in areas of disputed metaphysical, philosophical and/or religious questions should be allowed, as long as the disputed questions concern the individual and the resulting policy, law or acts based on the policy/law, do not harm the lives of other individuals to an intolerable extent. However, while this death concept, death definition, death criterion and death test pluralism solves some problems, it creates others.     

Amendment to the infectious disease control law

The Law Concerning the Prevention of Infectious Diseases and Medical Care for Patients of Infections (the Infectious Diseases Control Law) enacted on April 1, 1999, accompanies an additional rule for reconsideration in five years after putting the law in operation and for taking necessary steps when needed. The responses against bioterrorism involving anthrax and smallpox after the terrorist attacks on September 11, 2001, in the United States of America (a notice on October 11, 2001 by the Tuberculosis and Infectious Diseases Control Division, MHLW) and the response to severe acute respiratory syndrome (SARS), an emerging infectious disease upon which a Global Alert was issued on March 12, 2003, by WHO, were discussed. On November 5, 2003, partial amendment of the Infectious Diseases Control Law and the Quarantine Law was approved and put into operation on. In the present amendment, the following three points were principally reconsidered: 1. strengthening infectious disease control in an emergency, particularly the role of national government, 2. reviewing control strategy of infectious diseases of animal origin, and 3. reviewing target diseases of the Infectious Diseases Control Law and categories of infectious diseases.