2 resultados para Regulatory framework

em CORA - Cork Open Research Archive - University College Cork - Ireland


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This thesis argues that the legal framework in Ireland for specialist palliative care is inadequate and consequently a more appropriate legal framework must be identified. This research is guided by three central research questions. The first central research question examines the legitimacy of the distinction between specialist palliative care and euthanasia. The second central research question asks what legal framework currently exists in Ireland for specialist palliative care. The third central research question examines an alternative legal framework for specialist palliative. This thesis is composed of seven chapters. The first Chapter is an introduction to the thesis and defines the terminology and the central research questions. Chapter Two explores the development and practice of palliative care in Ireland. Chapter Three examines the distinction in criminal law between specialist palliative care practices and euthanasia. Chapter Four examines the human rights framework for specialist palliative care. Chapter Five critiques the regulatory framework in Ireland for specialist palliative care. Having gained a thorough understanding of palliative care and the related legal framework, this thesis then engages in comparative analysis of the Netherlands which is used as a source of ideas for reform in Ireland. Chapter Seven is the concluding chapter and, in it, the main findings of this thesis are summarised. The main findings being that: the distinction between specialist palliative care and euthanasia is not sufficiently supported by justifications such as a double effect or the acts and omissions distinction, there is no clear decision-making framework in Ireland for specialist palliative care, and the current legal framework lacks clarity and does not promote consistency between providers of specialist palliative care. This Chapter also proposes that detailed professional standards and guidelines are likely to be the most appropriate way to effect individual and institutional change in the provision of specialist palliative care.

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Large marine areas and regional seas present a challenge in terms of management. They are often bordered by numerous maritime jurisdictions; with multi-use and multi-sector environments; involving varying governance arrangements; and generation of sufficient levels of data to best inform decision-makers. Marine management at the regional scale involves a range of mechanisms and approaches to ensure all relevant stakeholders have an opportunity to engage in the process; and these approaches can differ in their legal and regulatory conditions. At present, no such comparable structures exist at the transnational level for the ecosystem-based management of the Celtic Sea. Against this backdrop, a participative process, involving representatives from differing sectors of activity in the Celtic Sea spanning four Member States, was established for the purpose of identifying realistic and meaningful management principles in line with the goals of the Marine Strategy Framework Directive.