bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introducing Regulatory Standards
Authors: Foster Caroline E. 
Published: August 2021

Abstract
The three global regulatory standards seen in the disputes studied in this book comprise: a regulatory coherence standard calling for certain relationships between regulatory measures and their purposes, a standard requiring that a regulating State has demonstrated due regard for the interests of other States, and a standard requiring the exercise of due diligence in the exercise of States’ obligations to prevent transboundary harm. These three core regulatory standards consistently characterise the environmental and health disputes in this book, and they appear to be gaining status as global regulatory standards for the future. The appearance of regulatory standards is best understood as an aspect of the functioning of the plural world legal order rather than as a constitutionalisation of this order in a stronger sense. Theories of legitimate authority in plural legal orders cast valuable light on the legitimacy of the emerging standards-enriched international law.
Regulatory Coherence
Authors: Foster Caroline E. 
Published: August 2021

Abstract
Part II comprises two chapters, Chapter Three and Chapter Four. These chapters together investigate the decisions and advisory opinions of the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and United Nations Convention on the Law of the Sea (UNCLOS) Annex VII tribunals, as well as other Permanent Court of Arbitration (PCA) cases. The courts and tribunals studied in these chapters make use of a broad range of interpretive methodologies in identifying emerging global regulatory standards, including reliance on the inbuilt logic of the regulatory schemes they are applying. The standards articulated make relatively minimal demands on domestic legal systems compared with more demanding standards that could have been developed. In this respect the standards appear to enhance traditional procedural justifications for international law’s claim to legitimate authority. Chapter Three focuses on tests for ‘regulatory coherence’.
Necessity Testing
Authors: Foster Caroline E. 
Published: August 2021

Abstract
Part III comprises two chapters, Chapter Five and Chapter Six. These chapters together investigate the decisions of WTO panels and the Appellate Body in environmental and health cases. The chapters examine the major contribution made through WTO dispute settlement to the emerging global regulatory standard of regulatory coherence. Specifically, Chapter Five analyses the elaboration of the ‘necessity’ formula in the GATT and the GATS general exceptions’ subparagraphs, as well as under the TBT and SPS Agreements. The WTO adjudicatory process appears to have been protecting the traditional procedural justification of international law’s relative authority claim by enabling respect for domestic decision-making through democratic processes. Members’ entitlement to choose their level of protection against a risk is still at present fully recognised and there is vital scope for recognition of the importance to WTO Members of long-term non-economic interests requiring a multifaceted policy response.
Rational Relationships
Authors: Foster Caroline E. 
Published: August 2021

Abstract
Chapter Six continues Chapter Five’s examination of the regulatory coherence standard in WTO dispute settlement, this time focusing on ‘rational relationship’ testing under the non-discrimination provisions in the chapeau to the GATT and GATS general exceptions, as well as under the TBT and SPS Agreements. WTO non-discrimination jurisprudence looks for a rational relationship between a regulatory measure’s otherwise discriminatory aspects and the measure’s policy objectives. Rational relationship tests, like necessity tests, embody the emerging global regulatory standard of regulatory coherence, calling for a certain relationship between trade measures and their objectives. Like necessity testing, rational relationship testing lends itself to application in a way that accommodates decision-making at the domestic level on matters requiring important value judgements.
Introduction
Authors: Del Sarto Raffaella A. 
Published: August 2021

Abstract
The chapter provides a general introduction to the topic of the book, namely the examination of the complex relationship between Europe—defined here as the European Union and its member states—and the states of the Mediterranean Middle East and North Africa (abbreviated as MENA) during the two decades between 1995 and 2015. It presents the conceptualization of these ties by explaining their basic features and the implications of studying them through a core-borderlands prism. It defines the specific focus of the book, namely trade relations and the cooperation on migration, security, and border controls. A brief description of each chapter within the book is also provided.
Conceptualizing Relations Between Europe and the Mediterranean Middle East
Authors: Del Sarto Raffaella A. 
Published: August 2021

Abstract
This chapter presents the conceptual framework of this study. It delves into the meaning and implications of adopting a borderlands approach to the study of the complex relationship between Europe and the Mediterranean Middle East and North Africa (MENA), Europe’s ‘southern neighbourhood’. Anchored in the conceptualization of the European Union and its member states as an empire of sorts, this approach highlights the extension of European rules and practices to Europe’s southern periphery and the dislocation of Europe’s borders, showing how interconnected the two regions have become as a result. The usefulness of this conceptual framework is also discussed in the context of various flaws and gaps in the existing literature.
Body schema dynamics in Merleau-Ponty
Authors: Halák Jan 
Published: August 2021

Abstract
This chapter presents an account of Merleau-Ponty’s interpretation of the body schema as an operative intentionality that is not only opposed to, but also complexly intermingled with, the representation-like grasp of the world and one’s own body, or the body image. The chapter reconstructs Merleau-Ponty’s position primarily based on his preparatory notes for his 1953 lecture ‘The Sensible World and the World of Expression’. Here, Merleau-Ponty elaborates his earlier efforts to show that the body schema is a perceptual ground against which the perceived world stands out as a complex of perceptual figures. The chapter clarifies how Merleau-Ponty’s renewed interpretation of the figure-ground structure makes it possible for him to describe the relationship between body schema and perceptual (body) image as a strictly systematic phenomenon. Subsequently, the chapter shows how Merleau-Ponty understands apraxia, sleep, and perceptual orientation as examples of dedifferentiation and subtler differentiation of the body-schematic system. The last section clarifies how such body-schematic differentiating processes give rise to relatively independent superstructures of vision and symbolic cognition which constitute our body image. It, moreover, explains how, according to Merleau-Ponty, the cognitive superstructures always need to be supported by praxic operative intentionality to maintain their full sense, even though, in some cases, they have the power to compensate for praxic deficiencies.
Paul Muldoon in America
Authors: Alonso Alex 
Published: August 2021

Abstract
Paul Muldoon was looking west long before he left Ireland for the United States in 1987, and his transatlantic departure would prove to be a turning point in his life and work. In America, where he now lives as a US citizen, Muldoon’s creative repertoire has extended into song writing, libretti, and literary criticism, while his poetry collections have themselves extended to outlandish proportions, typified in recent years by a level of formal intensity that is unique in modern poetry. To leave Northern Ireland, though, is not necessarily to leave it behind. Muldoon has spoken of his ‘sense of belonging to several places at once’, and in the United States his work has found another creative gear, new modes of performance facilitated by his Irish émigré status. This book approaches the protean work of his American period, focusing on Muldoon’s expansive structural imagination, his investment in Eros and errors, the nimbleness of his allusive practice as both a reader and writer, and the mobility of his transatlantic position. It draws on archival research to produce provocative new readings of Muldoon’s later works. Exploring the poetic and literary-critical ‘long forms’ that are now his hallmark, this book places the most significant works of Muldoon’s American period under the microscope, and opens up the intricate formal schemes of a poet Mick Imlah credits as having ‘reinvented the possibilities of rhyme for our time’.
Ireland
Authors: Devitt Camilla 
Published: August 2021

Abstract
This chapter provides an extended look at health politics and the largely tax-financed health system in Ireland. It traces the historical development of the Irish healthcare system, characterized by the institutionalization of a health service that obliged and incentivized the middle classes to pay for their healthcare, out-of-pocket or through voluntary private health insurance. Since the late 1980s, the hospital sector has become more privatized, while universal coverage has been partially introduced to the primary sector. While center-right government legislation which institutionalized the treatment of private patients in public hospitals elicited strong parliamentary opposition from across the political spectrum, the fiscal incentivization of private hospital development, introduced by a center-right coalition, was subject to little debate. The most significant turning point in healthcare policy since 1989 has been the removal of means-testing and provision of free general practitioner care to the under-6s and the over-70s. Cross-party consensus on a plan to move towards a universal tax-based healthcare system was reached in 2017.
Regional OutlookSouthern Europe
Authors: Chuliá Elisa , Anderson Karen M. 
Published: August 2021

Abstract
The Southern Europe regional outlook presents a comparative assessment of the historical development of the healthcare system, health politics, and selected health-related indicators for Cyprus, Greece, Italy, Portugal, and Spain. The politics of democratic consolidation has influenced the development of healthcare systems; in some periods, healthcare policies have been central to the institutional consolidation and legitimation of existing regimes, but they have also been negatively affected by the political, administrative, and financial shortcomings of these governments. All of these countries have witnessed late transitions from social insurance healthcare systems based on occupation (with fairly developed means-tested programs) to universal and mostly tax-financed national health services: Italy and Portugal made this shift in the 1970s, Spain and Greece in the 1980s, and Cyprus after 2000. As the chapter argues, the central issue in Southern Europe concerns expanding healthcare access in the context of economic vulnerability. According to indicators such as infant mortality, life expectancy, and declines in treatable mortality, health outcomes in Southern Europe are largely favorable, but austerity politics have taken their toll.
Portugal
Authors: Asensio Maria 
Published: August 2021

Abstract
This chapter provides an extended look at health politics and the health system in Portugal, characterized by overlapping tiers of coverage including a national health service. The chapter traces the historical development of the Portuguese healthcare system through a series of regime changes, particularly the transition from conservative dictatorship to democracy beginning in 1974. Since the 1979 foundation of the National Health Service, the main issues facing the health system have been the relationship between public and private provision of services and the system’s fiscal solvency. A 1989 constitutional revision, which redefined healthcare from being a constitutional right to universal free healthcare to one which “tended towards” no cost at the time of treatment and was based on individuals’ particular social and economic situation, shifted the system away from universalism, removed obstacles to privatization, and allowed the introduction of other forms of market mechanisms. As the chapter argues, though left and right political parties have differed in their approaches, actors in health politics seem to have largely agreed to move in the direction of a public–private mix of service providers.
Spain
Authors: Chuliá Elisa 
Published: August 2021

Abstract
This chapter offers an in-depth look at health politics and the tax-financed, universal health system in Spain. It traces the development of the Spanish healthcare system, focusing in particular on its double transition in the 1980s and 1990s from a centralized social insurance system, mostly funded through workers’ and employers’ contributions, to a decentralized universal model financed by general taxation. The new national health system aimed at covering all residents and transferred healthcare competences to the regions, i.e. the seventeen Autonomous Communities, a process completed in 2001. Key issues include rationalization, harmonization, and territorial equity-building of the decentralized healthcare system; efficiency improvement through the introduction of private management elements; and cost containment to bolster the system’s financial sustainability in the context of growing demand and scarce resources. As the chapter argues, these challenges along with the remarkable changes in the political party system have increased the political salience of healthcare in public debate in the 2010s, but the prospects for developing consensual healthcare policies have worsened, such that structural problems are likely to persist.
Cyprus
Authors: Theodorou Mamas , Athanasakis Kostas 
Published: August 2021

Abstract
This chapter offers an in-depth look at health politics and the health system in Cyprus. It traces the development of Cyprus’s healthcare system, which underwent only minor incremental change from its founding in 1957 until 2019, despite numerous studies and proposals. Though calls for universal coverage and free-at-the-point-of-service care had become louder in the early 1990s, it took until 2001 for Parliament to establish the legal foundation for a new national health system. Still, full implementation was repeatedly postponed for many reasons, from concerns about the new system’s cost to resistance from important stakeholders, especially those that benefitted from the shortcomings of the earlier system. As the chapter explains, economic crisis ultimately created the momentum for reform, resulting in the actual full launch of the new system in 2019 and 2020.
Regional Outlook
Authors: Ainsaar Mare , Roots Ave 
Published: August 2021

Abstract
The regional outlook for the Baltic countries presents a comparative assessment of the historical development of the healthcare system, health politics, and selected health-related indicators for Estonia, Latvia, and Lithuania, each of which pursued a different path to establishing a new health system after independence in 1991. In terms of health financing, out-of-pocket payments are relatively high, especially in Latvia and Lithuania. But while, as might be expected, unmet need due to cost is quite high in Latvia, it is rather low in Lithuania. Though the political saliency of healthcare has been rather low in the Baltics, it appears to be moving up the political agenda. High health inequalities, low satisfaction with healthcare services, and access are among the problems that have persisted.
Estonia
Authors: Ainsaar Mare , Roots Ave , Kõre Jüri 
Published: August 2021

Abstract
This chapter provides an extended look at health politics and the social health insurance system in Estonia. The chapter traces the historical development of the Estonian healthcare system through a series of regime changes, all of which affected healthcare. The post-1991 transformation of Estonia’s health system went rapidly and was marked by relatively high consensus and professionalism. Consequently, stable financing and a large tax component allowed Estonia’s national health fund to avoid the heavy dependence on out-of-pocket payments characteristic of many other transition countries. Despite plans for decentralized social insurance, by 2000 the decision was made to centralize the social insurance system, which has become essentially a single-payer system. This has allowed quite a bit of leverage for setting healthcare priorities. But, as the chapter argues, given the pressure for austerity after the 2008 financial crisis, reduced capacity has led to longer waiting times.
Latvia
Authors: Eihmanis Edgars 
Published: August 2021

Abstract
This chapter offers an in-depth look at health politics and the tax-financed health system in Latvia. It traces the development of the Latvian healthcare system, characterized by tension between central and local government, increasing commercialization, and chronic public underfinancing. Since independence in 1991, Latvia first decentralized then recentralized health financing. The state has taken the back seat in provision of health services and allotted larger roles to private providers and to solutions such as out-of-pocket payments that emphasize individual responsibility. In Latvia, life expectancy is among the lowest, and unmet needs are high. As the chapter argues, because of the country’s cultural politics, healthcare rarely tops the political agenda.
Germany
Authors: Immergut Ellen M. , Wendt Claus 
Published: August 2021

Abstract
This chapter provides an extended look at health politics and the compulsory health insurance system in Germany. It traces the historical development of the German healthcare system, characterized by its stability through a series of major regime shifts, including National Socialism, the post-World War II return to democracy, and the re-unification of Germany. Corporatist self-regulation has been a defining characteristic of the German system, but since 1989 elements of market and state-led governance have been enhanced, such as with the introduction of free choice of health insurance fund and elements of market competition among the funds, the pooling of insurance contributions into a central fund, and the introduction of substantial risk-sharing instruments. Despite the polarized left–right debate about introducing a universal citizens’ insurance versus a premium-based system, “grand coalition” politics have prevailed, with the broad contours of the German healthcare system being generally accepted and political competition focused on improving the already high quality of healthcare services.
France
Authors: Brunn Matthias , Hassenteufel Patrick 
Published: August 2021

Abstract
This chapter offers an in-depth look at health politics and the national health insurance system in France. It traces the development of the French healthcare system through its series of political regimes, characterized by its unusual combination of statism and corporatism. Since the 1990s, a technocratic consensus emerged that has led to new public management reforms, tighter parliamentary control of social security budgets, and efforts to improve coverage by subsidizing supplementary voluntary health insurance coverage for low-income persons and increasing tax-financing. Other healthcare issues have been regional health inequalities, reimbursement of medical professionals, and individuals’ responsibility for their health.
Belgium
Authors: Lynch Julia , Vermorken Christiaan 
Published: August 2021

Abstract
This chapter offers an in-depth look at health politics and the mutualism-based compulsory health insurance system in Belgium. It traces the development of the Belgian healthcare system, characterized by its very generous coverage and few restrictions on patient choice. Since 1980, the process of federalization of the Belgian state—which has been propelled by the divide between the Flemish-speaking North and the French-speaking South—has increasingly challenged the national basis of the Belgian health insurance system. Other healthcare issues have been cost containment and the privileged position of the mutual aid societies in health insurance provision which was subject to a European Court of Justice challenge.
The Czech Republic
Authors: Popic Tamara 
Published: August 2021

Abstract
This chapter provides an extended look at health politics and the universal health system based on a compulsory social health insurance in the Czech Republic. It traces the historical development of the Czech healthcare system, characterized by a systemic shift from an insurance system to a fully state-run Soviet Semashko model of healthcare provision. Since the fall of communism in 1989, the Czech healthcare system has undergone significant reforms, including a return to a Bismarckian insurance system and market-oriented reforms in delivery and financing of health services. The post-communist reforms were characterized by the crystallization of the left–right political divide in healthcare policymaking. As the chapter argues, this division became particularly pronounced in the context of reforms introducing user fees for medical services and hospital privatization, both of which were controversial issues, with critics arguing that these reforms posed a major threat to the system’s solidarity.
Slovenia
Authors: Popic Tamara 
Published: August 2021

Abstract
This chapter offers an in-depth look at health politics and the universal health system in Slovenia based on compulsory social health insurance. It traces the development of the Slovenian healthcare system from the first health insurance schemes to the more established insurance system with universal coverage and focus on social medicine under communism. Since its independence in 1992, Slovenian politics has been marked by a pragmatic model of party competition with an important role in healthcare policymaking played by neo-corporatist structures. The major post-communist reform was the introduction of complementary private health insurance in 1993, which covers the majority of the population. Several unsuccessful reform proposals sought the abolition of complementary private insurance, the fairness of which remains the most controversial question regarding the system. Other healthcare issues outlined in the chapter include large hospital debt and uneven distribution of primary care physicians.
Regional Outlook
Authors: Popic Tamara , Stolarov-Demuth Guergana 
Published: August 2021

Abstract
The Southern Eastern Europe regional outlook presents a comparative assessment of the historical development of the healthcare system, health politics, and selected health-related indicators for Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo, Montenegro, North Macedonia, Romania, and Serbia. Despite variations in their healthcare systems during communism, since 1989 the countries of the region have all undertaken efforts to introduce or consolidate social health insurance and combine it with a mix of public and private provision. In most of the countries at least half of healthcare financing originates from compulsory contributory health insurance, but in many of them, out-of-pocket payments constitute an extremely large share. Given this financial burden, satisfaction in the region is very low. Health outcomes are unsatisfactory, with low average life expectancy, very high infant mortality, and relatively high levels of health inequality. Unmet need is high, especially in Romania, mainly due to costs. Since at least 2004, healthcare has tended to be a moderately salient issue in Southern Eastern Europe. The key healthcare issues in the region have been incomplete or ineffective social health insurance coverage, privatization, insufficient financing, and high out-of-pocket payments, especially for pharmaceuticals and private services.