实现健康与正义:通过行政责任,让烟草行业承担责任
Deborah Sy1,2, Fatima El-Awa3, Jawad Ahmed Al-Lawati4
1Global Center for Good Governance in Tobacco Control (GGTC), Bangkok, Thailand debby@ggtc.world.
Tobacco control
|February 26, 2024
概括
烟草行业逃避对造成伤害的责任. 本文探讨了行政责任和赔偿机制,以确保行业支付过去和未来的损害,阻止未来的不当行为.
科学领域:
- 公共卫生政策 公共卫生政策
- 环境法 环境法 环境法
- 公司问责制 企业问责制
背景情况:
- 从历史上看,跨国烟草行业一直逃避对人类健康和环境造成广泛伤害的责任.
- 尽管有有害产品,但该行业仍然非常利,并正在向健康和制药行业多样化.
- 业界问责制的现有法律途径往往受到司法系统挑战的阻碍.
研究的目的:
- 探索行政责任机制,以确保烟草行业的问责制.
- 检查补偿和裁决作为追究行业责任的工具.
- 将"污染者付费"和受害者获得赔偿的权利等国际法原则实施.
主要方法:
- 对行政责任框架的分析.
- 探索补偿机制 (税收,罚款,金融担保).
- 对行业问责制的裁决机构和信托基金的讨论.
主要成果:
- 行政责任为烟草行业问责制的传统诉讼提供了一个可行的替代方案.
- 像税收,罚款和专门机构这样的机制可以使"污染者付费"原则发挥作用.
- 需要明确的政策来确保对过去和未来的损害进行补偿,以防止进一步的损害.
结论:
- 行政责任,赔偿和裁决机构对于让烟草行业承担责任至关重要.
- 国际法律原则可以指导制定有效的非刑事制裁.
- 政策必须确保烟草行业补偿所有损害,并避免未来的不当行为.
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