実施可能な、強制力のある

WordNet

capable of being enforced
not enforceable; not capable of being brought about by compulsion; "an unenforceable law"; "unenforceable reforms"

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実施できる / 強制できる

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出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2014/12/11 04:11:18」(JST)

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Look up unenforceable in Wiktionary, the free dictionary.

An unenforceable contract or transaction is one that is valid, but which the court will not enforce. Unenforceable is usually used in contradistinction to void (or void ab initio) and voidable. If the parties perform the agreement, it will be valid, but the court will not compel them if they do not.

An example of a transaction which is an unenforceable contract is a contract for prostitution under English law. Prostitution is not actually a crime under English law, although both soliciting a prostitute and living off the earnings of a prostitute are criminal offences ^[1] but so long as the contract is fully performed, it remains valid. However, if either refuses to complete the bargain (either the prostitute after being paid or the payer after receiving the services), the court will not assist the disappointed party.^{[citation needed]}

Sometimes, contracts may only be enforceable one-way, and unenforceable the other way. Again, there is an example from the field of prostitution: In Germany, where prostitution is also legal, a law exists that—once a contract has been entered into—makes a prostitute's demands for payment legally enforceable (even via collection agencies and courts if necessary), while leaving the John's demands for fulfilment of the contract and rendition of sexual services unenforceable. German lawmakers made only the claims of prostitutes enforceable because they intended for the German prostitution law to protect only the prostitutes, without helping or furthering the interests of buyers of sexual services.

To impugn a contract means attacking the integrity of the contract. A way this can be done is by deeming the contract unenforceable. A contract can be said unenforceable when it goes against the statutes of fraud or the Statement of Goods Act.

Footnotes

^ Archbold 2012

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English Journal

Legislation Enforcement of the Waterpipe Tobacco Industry: A Qualitative Analysis of the London Experience.

Jawad M.Author information Department of Primary Care and Public Health, Imperial College London, London W6 8RP, UK.AbstractINTRODUCTION: Waterpipe tobacco smoking (WTS) is prevalent worldwide and is legislatively enforceable under many countries' existing tobacco laws. Globally, however, the waterpipe tobacco industry anecdotally appears poorly controlled. This study aimed to gather intelligence from local government (known as local authority [LA]) staff in London, United Kingdom, about their WTS enforcement experiences.
Nicotine & tobacco research : official journal of the Society for Research on Nicotine and Tobacco.Nicotine Tob Res.2014 Mar 18. [Epub ahead of print]
INTRODUCTION: Waterpipe tobacco smoking (WTS) is prevalent worldwide and is legislatively enforceable under many countries' existing tobacco laws. Globally, however, the waterpipe tobacco industry anecdotally appears poorly controlled. This study aimed to gather intelligence from local government (k
PMID 24642591

Commercialism in US Elementary and Secondary School Nutrition Environments: Trends From 2007 to 2012.

Terry-McElrath YM1, Turner L2, Sandoval A2, Johnston LD1, Chaloupka FJ2.Author information 1Institute for Social Research, University of Michigan, Ann Arbor.2Institute for Health Research and Policy, University of Illinois at Chicago.AbstractIMPORTANCE Schools present highly desirable marketing environments for food and beverage companies. However, most marketed items are nutritionally poor. OBJECTIVE To examine national trends in student exposure to selected school-based commercialism measures from 2007 through 2012. DESIGN, SETTING, AND PARTICIPANTS Annual nationally representative cross-sectional studies were evaluated in US public elementary, middle, and high schools with use of a survey of school administrators. EXPOSURES School-based commercialism, including exclusive beverage contracts and associated incentives, profits, and advertising; corporate food vending and associated incentives and profits; posters/advertisements for soft drinks, fast food, or candy; use of food coupons as incentives; event sponsorships; and fast food available to students. MAIN OUTCOMES AND MEASURES Changes over time in school-based commercialism as well as differences by student body racial/ethnic distribution and socioeconomic status. RESULTS Although some commercialism measures-especially those related to beverage vending-have shown significant decreases over time, most students at all academic levels continued to attend schools with one or more types of school-based commercialism in 2012. Overall, exposure to school-based commercialism increased significantly with grade level. For 63.7% of elementary school students, the most frequent type of commercialism was food coupons used as incentives. For secondary students, the type of commercialism most prevalent in schools was exclusive beverage contracts, which were in place in schools attended by 49.5% of middle school students and 69.8% of high school students. Exposure to elementary school coupons, as well as middle and high school exclusive beverage contracts, was significantly more likely for students attending schools with mid or low (vs high) student body socioeconomic status. CONCLUSIONS AND RELEVANCE Most US elementary, middle, and high school students attend schools where they are exposed to commercial efforts aimed at obtaining food or beverage sales or developing brand recognition and loyalty for future sales. Although there have been significant decreases over time in many of the measures examined, the continuing high prevalence of school-based commercialism calls for, at minimum, clear and enforceable standards on the nutritional content of all foods and beverages marketed to youth in school settings.
JAMA pediatrics.JAMA Pediatr.2014 Mar 1;168(3):234-42. doi: 10.1001/jamapediatrics.2013.4521.
IMPORTANCE Schools present highly desirable marketing environments for food and beverage companies. However, most marketed items are nutritionally poor. OBJECTIVE To examine national trends in student exposure to selected school-based commercialism measures from 2007 through 2012. DESIGN, SETTING, A
PMID 24424573

WHO's role in the global health system: what can be learned from global R&D debates?

Moon S.Author information Forum on Global Governance for Health, Harvard Global Health Institute, 104 Mount Auburn Street, 3rd Floor, Cambridge, MA 02138, USA; Department of Global Health and Population, Harvard School of Public Health, USA. Electronic address: smoon@hsph.harvard.edu.AbstractRecent global debates on the research and development (R&D) of health technologies, such as drugs, diagnostics and vaccines, can be seen as a microcosm of discussions on the role of the World Health Organization (WHO) in the global health system more broadly. The global R&D system has come under heightened scrutiny with the publication of a 2012 report by the WHO Consultative Expert Working Group on Research and Development (CEWG), which made a number of recommendations to more equitably meet global health needs. The CEWG report followed a decade-long process of debate at the WHO on the weaknesses of the global R&D system, which include problems of affordability, limited research where market returns are small or uncertain (such as the 'neglected diseases' that predominantly affect the world's poorest), inefficient overlap of research efforts, and overuse of medicines such as antibiotics. The CEWG report called on WHO Member States to develop a global framework to improve monitoring, coordination and financing of R&D efforts through the establishment of a Global Health R&D Observatory and the negotiation of a binding treaty on R&D. While the treaty option has been put on the back-burner for several years, Member States nevertheless agreed at the 2013 World Health Assembly (WHA) on concrete steps towards a global framework. Progress at the 2013 WHA reaffirmed the central role of WHO as a convener, and the WHA's decision to create the Observatory within the WHO Secretariat underscored the organization's role as a source of strategic knowledge in the global health system. However, despite WHO's constitutional mandate as the 'directing and coordinating authority on international health work', in reality it faces major challenges in coordinating autonomous R&D actors such as states, firms and foundations in the global system. Strengthening its ability to do so requires, at a minimum, reforming its financing arrangements to provide it with a greater degree of independence from its largest donors. In addition, WHO may seem to be the natural arena for negotiating a binding R&D treaty, but negotiating new global agreements in other arenas such as the WTO, WIPO, or plurilateral fora offer the possibility of more enforceable and stronger public health norms. Nevertheless, no single arena in the existing system of global governance is perfectly suitable for the negotiation of progressive, inclusive, binding, enforceable, global health rules. While tradeoffs are inherent in the choice of any particular arena, leadership from either the multilateral institutions or influential governments can make a key difference in how beneficial any R&D treaty may be for health. In the coming years, global R&D debates will remain a critical issue to watch. The evolution of the global R&D system will be a harbinger not only of WHO's place in a rapidly-changing global health system, but also of our collective capacity to strengthen institutions of global governance for health.
Public health.Public Health.2014 Feb;128(2):167-72. doi: 10.1016/j.puhe.2013.08.014. Epub 2014 Jan 3.
Recent global debates on the research and development (R&D) of health technologies, such as drugs, diagnostics and vaccines, can be seen as a microcosm of discussions on the role of the World Health Organization (WHO) in the global health system more broadly. The global R&D system has come u
PMID 24393496