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Laws, Volume 8, Issue 2 (June 2019)

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Open AccessArticle
Shifting the Balance of Power: The Strategic Use of the CRPD by Disabled People’s Organizations in Securing ‘a Seat at the Table’
Received: 11 April 2019 / Revised: 4 May 2019 / Accepted: 6 May 2019 / Published: 14 May 2019
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Abstract
The article highlights how the strategic use of the Convention on the Rights of Persons with Disabilities (CRPD) by disabled people’s organizations (DPOs) in Iceland has produced a shift in the balance of power with regard to how, and by whom, disability legislation [...] Read more.
The article highlights how the strategic use of the Convention on the Rights of Persons with Disabilities (CRPD) by disabled people’s organizations (DPOs) in Iceland has produced a shift in the balance of power with regard to how, and by whom, disability legislation and policy in Iceland is developed. The article draws on a study examining the last stages of a consultative process between representatives of DPOs and policymakers in Iceland leading up to the adoption, in May of 2018, of core disability legislation, Laws pertaining to services for disabled people with long-term support needs (No. 38/2018). It examines the process from the perspective of representatives of DPOs through in-depth interviews and document analysis. This article draws on critical theory and the human rights approach in its analysis, with a particular emphasis on the roadmap to the coproduction of policy provided by the CRPD and the UN CRPD Committee through the issuance of guidance to States Parties to the Convention. It draws attention to the DPOs’ ongoing refocusing of their strategies, and their emphasis on harnessing the rights contained in the CRPD to gain recognition of their right to participation in the coproduction of policy and in changing process norms. Full article
(This article belongs to the collection Disability Human Rights Law) Printed Edition available
Open AccessArticle
State-Owned Entities as Key Actors in the Promotion and Implementation of the 2030 Agenda for Sustainable Development: Examples of Good Practices
Received: 12 March 2019 / Accepted: 25 March 2019 / Published: 9 April 2019
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Abstract
The purpose of this article is to demonstrate that a wide range of entities associated with the State and which engage in business or investment activities on behalf of the State have an important role to play in the promotion and implementation of [...] Read more.
The purpose of this article is to demonstrate that a wide range of entities associated with the State and which engage in business or investment activities on behalf of the State have an important role to play in the promotion and implementation of the sustainable development goals found in the 2030 Agenda. The contribution starts with a background to the 2030 Agenda, followed by an introduction to the features of State-owned entities. Since the 2030 Agenda requires the ‘mobilization of all available resources’ to achieve its implementation, it is argued that entities that are owned by States could have a significant role to play in this context. Examples of good practices from a number of jurisdictions show how the development and implementation of domestic measures that cover State-owned entities have the potential to contribute to the promotion and implementation of the 2030 Agenda. Full article
(This article belongs to the Special Issue Business, Human Rights and Sustainable Development)
Open AccessArticle
Comparison of Quebec’s Project Delivery Methods: Relational Contract Law and Differences in Contractual Language
Received: 7 January 2019 / Revised: 6 March 2019 / Accepted: 25 March 2019 / Published: 3 April 2019
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Abstract
The province of Quebec, Canada, seeks to implement relational alternate project delivery methods to achieve sustainability and energy efficiency in public construction. However, the relational differences between the formal written parts of different delivery methods have yet to be analyzed and understood, as [...] Read more.
The province of Quebec, Canada, seeks to implement relational alternate project delivery methods to achieve sustainability and energy efficiency in public construction. However, the relational differences between the formal written parts of different delivery methods have yet to be analyzed and understood, as is the case with the relational aspects of contracts and the achievement of sustainable and energy-efficient infrastructure. Using a hermeneutic interpretation of Macneil’s relational contract norms and grounded theory, 26 contracts involving Quebec’s largest public client of vertical infrastructure and representing three different types of project delivery methods (design–bid–build (DBB), design–Build (DB), and construction manager–general contractor/integrated project delivery (CMGC/IPD)) were analyzed using NVivo. It was found that CMGC/IPD is the most relational project delivery method available to Quebec’s public clients, namely because of the public client’s active involvement in the realization process, the increasing complexity of roles, the multitude of common management structures, and the internalization of sustainability measures and conflict resolution. Furthermore, Quebec’s CMGC/IPD was found to be an IPD-ish delivery method, lacking the early involvement of the construction manager and the risk/reward sharing mechanisms necessary to achieve pure IPD status. The findings and theoretical considerations discussed here will help policymakers, contract drafters, and public clients interested in implementing relational contracting practices in public construction projects. Full article
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Open AccessArticle
Supporting Choice and Control—An Analysis of the Approach Taken to Legal Capacity in Australia’s National Disability Insurance Scheme
Received: 4 January 2019 / Revised: 10 March 2019 / Accepted: 12 March 2019 / Published: 27 March 2019
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Abstract
In mid-2013, the Australian federal government introduced the National Disability Insurance Scheme (NDIS), a ground-breaking reform of disability support services, encapsulated by the mantra of increasing “choice and control”. The scheme provides eligible persons with disabilities a legislated entitlement to supports they may [...] Read more.
In mid-2013, the Australian federal government introduced the National Disability Insurance Scheme (NDIS), a ground-breaking reform of disability support services, encapsulated by the mantra of increasing “choice and control”. The scheme provides eligible persons with disabilities a legislated entitlement to supports they may require to increase their independence and social and economic participation. The NDIS has been hailed as a major step forward in Australia’s efforts to realize the human rights of persons with disabilities, in accordance with the UN Convention on the Rights of Persons with Disabilities (CRPD). A core aspect of the CRPD is guaranteeing persons with disabilities their civil and political right to equality before the law, including their right to enjoy legal capacity on an equal basis with others, as provided by Article 12 of the CRPD. The purpose of this paper is to examine how the concept of choice and control has been operationalized within the NDIS and to critically analyze the extent to which it accords with the requirements of Article 12. It will be argued that even though the NDIS expressly seeks to implement the CRPD as one of its key objectives, it ultimately falls short in fully embracing the obligations of Article 12 and the notions of autonomy and personhood underlying it. Full article
(This article belongs to the collection Disability Human Rights Law) Printed Edition available
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