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 the timeline of scientific progress and that of law-makers and administrations.
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 of a sort of “securitization” of climate change, that means to treat the consequences of global warming as urgent and unpredictable events. The risk indeed is that the emergency measures are used also when an event is not actually unpredictable, but only uncertain because of the unavoidable incompleteness of the scientific background. But the problem of the scientific uncertainty should be a leverage for an anticipated and preventive action rather than an “excuse” for the improper use of security measures.
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 conscientious objection is to study one possible field of its application, i.e. the legal regulation of compulsory vaccination. The Czech Republic´s Constitutional Court has formulated a special test of applicability of conscientious objection in this context. This paper focuses not only on the relevant test but also on the much broader context of conscientious objection, the conditions of its permissibility and applicability. In addition, the paper proposes some more specific conclusions and recommendations in relation to both judicial review of conscientious objection and the approach of the legislature.
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 pursuing energy and environmental protection goals in an integrated fashion. This argument goes against the proposition that energy policies should be framed in a way that focuses on energy security, instead of environmental and climate change goals. This paper further suggests that any policy attempt to ‘decouple’ climate change from energy policies could endanger the consistency and coherence of the legal responses to those challenges, and would ultimately contribute to further fragmentation and differentiation in global energy and climate change law.
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 analyses the new characters of the ETS developed by China basing on the special political regimes, and how China overcomes the conflicts of the culture in the legal transplanting between the donated legal system and receiving legal system. What’s more, the paper will try to explore the experience about how China optimize the ETS and makes it work effectively, and also, how the experience applies to global environmental law establishment.The syllables is as below:
2. Legal transplant during the construction of ETS
3.How China optimize ETS after the legal transplants
4. Conclusion and recommendation