WorldWideScience

Sample records for absolute liability

  1. Considerations on the Debtor's Fault - Structural Condition, Distinct and Absolutely Necessary for the Commitment of the Contractual Liability

    Nora Andreea Daghie

    2010-06-01

    Full Text Available Traditionally, both types of liability are committed in the presence of the same conditions. Thus, for a person to be responsible both under the criminal civil liability and the contractual civil liability, the following conditions must be fulfilled: an injury caused to another person; to have committed an act with unlawful character; between the unlawful act committed and the injury caused to another person to exist a direct causal link; the author of the act causing a prejudice to be at fault; the latter (the author to have had the criminal possibility when the crime was committed. Lately, the repair function has gained, progressively, autonomy engaging the duty of compensation of the victim in the absence of the imputable character of the person responsible. The influence of the economic dimension of civil liability on its repair function has increased significantly, which requires reconsidering the functions of this institution, offering new opportunities for the full compensation for the prejudice, through the interpretation of the fundamentals of civil liability.

  2. External Liabilities and Crises

    Luis Catão; Gian Milesi-Ferretti

    2013-01-01

    We examine the determinants of external crises, focusing on the role of foreign liabilities and their composition. Using a variety of statistical tools and comprehensive data spanning 1970-2011, we find that the ratio of net foreign liabilities (NFL) to GDP is a significant crisis predictor, and the more so when it exceeds 50 percent in absolute terms and 20 percent of the country-specific historical mean. This is primarily due to net external debt--the effect of net equity liabilities is wea...

  3. Third party liability for nuclear damage

    Basic principles of nuclear liability legislation are discussed including absolute and limited liability and the role of the Sovereign State in idemnifying the operator for damage in excess of limited liability. European counrties realised the need for unifying the law of nuclear instability and efforts were made accordingly towards producing workable international conventions. The world's first legislation on nuclear liability - the USA Price-Anderson Act - is described in detail and a digest of nuclear liability claims experience is given. Observations of the present status of nuclear third party liability are outlined. (Author)

  4. Commodifying Liability

    Cooter, Robert D.

    1997-01-01

    In recent years, ingenious entrepreneurs have invented new commodities by bundling contingent claims and marketing them. A liability right can be viewed as a contingent claim and analyzed like stock options or commodity futures. Since law prohibits markets for liability rights, no one knows how they would work. I assume no legal impediments to unbundling, packaging, and selling liability rights. I then predict how a competitive market would price liability rights. I use such an ideal market t...

  5. Easy Absolute Values? Absolutely

    Taylor, Sharon E.; Mittag, Kathleen Cage

    2015-01-01

    The authors teach a problem-solving course for preservice middle-grades education majors that includes concepts dealing with absolute-value computations, equations, and inequalities. Many of these students like mathematics and plan to teach it, so they are adept at symbolic manipulations. Getting them to think differently about a concept that they…

  6. Employer's liability for damage

    Baštýřová, Markéta

    2010-01-01

    The purpose of this bachelor thesis is to analyse and clarify in detail the issue of liability for damage in Labour law with focus on liability for damage of employer. At first the thesis defines conception of liability and liability in Labour law in general. The thesis also deals with characteristic features, functions and prevention of liability for damage in Labour law as well. The main part is devoted to liability for damage of employer with regards to judicial decision. It explains gener...

  7. Liability for environmental risks

    Since 1. January 1991 the Environment Liability Law is in force. It aims at compensating and avoiding environmental damages. This booklet presents terminology and liability preconditions; liability exclusions and limitations; causality proof; extent of compensation obligations; financial security provisions; insurability problems. The political legislative intent is correct, however, a collective concept replacing liability will be necessary: In those case where the state cannot guarantee environmental protection, and legislation cannot take care of indemnification, another basis for realizable titles to compensation have to be created. Also dealt with are the particularities for nuclear risks - liability for installations pursuant to the Paris Convention; other liability; financial security in connection with nuclear liability risk. (HSCH)

  8. Liability and cover

    This fifth part is relative to liability and cover it includes: the modernization of the international nuclear third party liability regime, diplomatic conference convened to adopt a protocol to amend the Vienna convention on civil liability for nuclear damage and to adopt a Convention on supplementary compensation for nuclear damage, the legislative mechanism for compensation of nuclear damage in Ukraine, international nuclear liability developments from the Usa perspective, nuclear liability law in Russia, the third party liability system for nuclear damage in the Republic of Korea. (N.C.)

  9. Financial security for nuclear liability

    In almost every country where nuclear insurance pools operate, except for the United States, national nuclear legislation is either based on the principles of the Paris and Vienna nuclear third party liability conventions or is strongly influenced by them. The most important feature of this legislation is the absolute liabilityy of the operator, which simplifies the insurance process by avoiding duplication of cover and minimising the possibility of complex legal questions arising in case of an incident. The paper describes the arrangements for provision of financial security, the prescription period, insurance requirements, legal costs etc. Also, problems connected with the insurance of two or more installations on the same site are analysed. (NEA)

  10. Managing nuclear liabilities

    This paper discusses the importance of managing liabilities in the nuclear industry and considers the main ingredients which make for successful liabilities management. It looks specifically at UKAEA's experience to date and lists its key management principles, including the use of the liabilities management ratio which is the company's current bottom-line performance measure. (Author)

  11. Time, absolute.

    Mughal, Muhammad Aurang Zeb

    2009-01-01

    The concept of absolute time is a hypothetical model from the laws of classical physics postulated by Isaac Newton in the Principia in 1687. Although the Newtonian model of absolute time has since been opposed and rejected in light of more recent scholarship, it still provides a way to study science with reference to time and understand the phenomena of time within the scientific tradition. According to this model, it is assumed that time runs at the same rate for all the observers in the uni...

  12. Brief introduction to China's nuclear liability regime

    At the beginning of the development of nuclear power, the Chinese government focused on safety and nuclear safety supervision and administration, therefore establishing a large quantity of regulation, national standards and professional standards related to safety, such regulations on the Safety Regulation for Civilian Nuclear Installations of the People's Republic of China, Regulation on Nuclear Materials Control, Emergency Management Regulation for Nuclear Accidents at Nuclear Power Plants etc; to ensure the safe and healthy development of nuclear power. In respect of nuclear liability, a chinese delegation took part in the sessions of the IAEA Standing Committee on Liability for Nuclear Damage to follow the amendment of the Vienna Convention on Civil Liability for Nuclear Damage and the negotiations leading to the adoption of the Convention on Supplementary Compensation for Nuclear Damage. The 'Official Reply', administrative regulation, is the legal basis on how to deal with nuclear third party liability issues. The main points of it are as follow: the Principle of Absolute and exclusive liability, the Principle of Limited Liability, the government support, the rights of recourse, exonerations, competent cost. (N.C.)

  13. Absolute beginners

    Costa, Carlos Casimiro da; Costa, Jacinta Casimiro da

    2012-01-01

    Tomorrow, I m recovering my Thursday child as an absolute beginner , Transporting you to the essential touch of surface skin and space, Only for you, i do not regret, looking for education in a materia set. My love is your love , my materiality is you making things, The legacy of our ethnography, craftsmen s old and disappear, make me strong hard feelings, Recovering experiences and knowledge sprinkled in powder of stone, wood and metal ( ) reflecting in your dirty face the ...

  14. Bank Liabilities Channel

    Quadrini, Vincenzo

    2014-01-01

    The financial intermediation sector is important not only for channeling resources from agents in excess of funds to agents in need of funds (lending channel). By issuing liabilities it also creates financial assets held by other sectors of the economy for insurance purpose. When the intermediation sector creates less liabilities or their value falls, agents are less willing to engage in activities that are individually risky but desirable in aggregate (bank liabilities channel). The paper st...

  15. Bank Liabilities Channel

    Vincenzo Quadrini

    2015-01-01

    The financial intermediation sector is important not only for channeling resources from agents in excess of funds to agents in need of funds (lending channel). By issuing liabilities it also creates financial assets held by other sectors of the economy for insurance purpose. When the intermediation sector creates less liabilities or their value falls, agents are less willing to engage in activities that are individually risky but desirable in aggregate (bank liabilities channel). The paper st...

  16. General Principles Governing Liability

    This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

  17. [Perspectives in medical liability].

    Pizarro W, Carlos

    2008-04-01

    The progressive increase of medical negligence law suits requires an updated analysis of the current situation of medical liability in Chile. The application of a new criminal procedure will avoid criminal prosecution of doctors, transferring to the civil courts the pecuniary sanctions for malpractice. Medical negligence and damage inflicted by doctors that require compensation are explained. The most likely evolution of medical liability is proposed, through an increase in civil liability insurance and the necessary standardization of rules applicable to professional liability. PMID:18769798

  18. Managing UK nuclear liabilities

    This paper sets out a framework for a fundamental reappraisal of the management of nuclear liabilities in the United Kingdom, built around two policy objectives, sustainable development and cost-effectiveness. The practical implications of the policy objectives are explored in relation to nuclear liability strategies, such as the adequacy or otherwise of current funding arrangements, the completeness of liability estimates and the distribution of financial responsibility between the public and private sector. A fundamental review of the management of nuclear liabilities is urged in the light of inadequacies identified in this paper. (UK)

  19. Sharing Residual Liability

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

    Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... allows policy makers to induce parties to undertake socially desirable care and activity levels. Traditionally, tort law systems have assigned residual liability either entirely on the tortfeasor or entirely on the victim. In this paper, we unpack the cheapest-cost-avoider principle to consider the...

  20. Absolute Summ

    Phillips, Alfred, Jr.

    Summ means the entirety of the multiverse. It seems clear, from the inflation theories of A. Guth and others, that the creation of many universes is plausible. We argue that Absolute cosmological ideas, not unlike those of I. Newton, may be consistent with dynamic multiverse creations. As suggested in W. Heisenberg's uncertainty principle, and with the Anthropic Principle defended by S. Hawking, et al., human consciousness, buttressed by findings of neuroscience, may have to be considered in our models. Predictability, as A. Einstein realized with Invariants and General Relativity, may be required for new ideas to be part of physics. We present here a two postulate model geared to an Absolute Summ. The seedbed of this work is part of Akhnaton's philosophy (see S. Freud, Moses and Monotheism). Most important, however, is that the structure of human consciousness, manifest in Kenya's Rift Valley 200,000 years ago as Homo sapiens, who were the culmination of the six million year co-creation process of Hominins and Nature in Africa, allows us to do the physics that we do. .

  1. Nuclear damage - civil liability

    An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.)

  2. Assets, liabilities and risks

    Thomson, R.

    2014-01-01

    Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment) of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  3. Nuclear Liability Act. RS, c.29 (1st supp.), s.1

    The Revised Statutes of Canada 1985 which entered into force on 12 December 1988 revoked the Nuclear Liability Act of 1970, replacing it with a new version. The new Act (Chapter N-28 of the Revised Statutes) updates the previous text and makes some linguistic corrections. The principles of the Act of 1970 remain unchanged, namely absolute liability of the nuclear operator, such liability being limited in amount and in time

  4. Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

    In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP)

  5. LIABILITY AND RESPONSIBILITY

    ELENA EMILIA STEFAN

    2012-05-01

    Full Text Available The violation of a social norm establishing a rule of conduct engages the violator’s liability. Responsibility is a social phenomenon and it expresses, in its shortest definition, an act of commitment of the individual in the process of social interaction. This study aims to analyze the concepts of liability and responsibility, but also the relationship between them, starting from their common fundamentals and ending with the main differences between the two notions.

  6. Limited Liability Company

    Jarolímková, Vendula

    2010-01-01

    Limited liability company is today the most common legal form of business entities. This is mainly due to its simple establishment together with a low capital requirements. Preconditions of a foundation of a limited liability company require an establishment of the company, optaining a business license, a pay off of capital to the extent specified by the founding documents and laws, the acting on behalf of the company before its birth, and filling for incorporation into the trade register. Th...

  7. Assets, liabilities and risks

    R. Thomson

    2014-01-01

    Full Text Available Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  8. LIABILITY AND RESPONSIBILITY

    ELENA EMILIA STEFAN

    2012-01-01

    The violation of a social norm establishing a rule of conduct engages the violator’s liability. Responsibility is a social phenomenon and it expresses, in its shortest definition, an act of commitment of the individual in the process of social interaction. This study aims to analyze the concepts of liability and responsibility, but also the relationship between them, starting from their common fundamentals and ending with the main differences between the two notions.

  9. Nuclear third party liability

    There are three existing instruments in the international regime governing liability for nuclear damage. The Paris Convention on Third Party Liability in the field of Nuclear Energy (the Paris Convention) first laid down the principles for third party liability and insurance in 1960 within the framework of the OECD. Later reinforcement of the Paris Convention was provided by the Brussels Supplementary Convention on compensation and both conventions have undergone subsequent amendment. In 1963 the Vienna Convention on Civil Liability for Nuclear Damage (Vienna Convention) was established by the International Atomic Energy Agency (IAEA). A Joint Protocol adopted in 1988 resolved problems that had arisen over possible conflicts between the provisions of the Paris and Vienna Conventions. The Conventions are based on civil law and share two main factors: the strict and exclusive liability of the nuclear installation operator irrespective of negligence and clear limitations on financial liability. Currently a revision of the Vienna convention and work on the elaboration of a supplementary funding convention are being conducted under the auspices of the IAEA. Many states have come to realize the advantages of participation in the Conventions though there are still a number with substantial nuclear programmes who have neither signed nor ratified them. A list is given of participating states. (UK)

  10. The Liabilities Management Group

    The Liabilities Management Group (LMG) was initiated by DTI. It is a cooperative forum which was set up in 1995. The current participants are DTI, UKAEA, NLM (for BNFL), MOD and Magnox Electric. The LMG was initiated to produce closer cooperation between public sector liability management organizations, achieve more cost-effective management of UK nuclear liabilities and enhance development of the UK nuclear decommissioning and waste management strategy. The objectives are to compare practices between liabilities management organizations discuss the scope for collaboration identify priority areas for possible collaboration agree action plans for exploring and undertaking such collaboration.Four task forces have been formed to look at specific areas (R and D, safety, contracts, and project management) and each reports separately to the LMG. The LMG has achieved its original aim of bringing together those with public sector liability management responsibilities. All participants feel that the LMG has been useful and that it should continue. Looking to the future, there is a continuing need for the LMG to facilitate removal of barriers to the achievement of best value for money. The LMG might also consider addressing the 'business process' elements that a liability management organization must be good at in order to define best practice in these. (author)

  11. LIMITED LIABILITY DALAM LIMITED LIABILITY PADA KONSTRUKSI PERUSAHAAN KELOMPOK PIRAMIDA

    Ms. Sulistiowati

    2011-06-01

    Full Text Available Applicability of limited liability in corporate groups with pyramid construction creates a legal loophole in the form of a limited liability within a limited liability. To prevent moral hazard, it is necessary to stipulate new law that limits the number of levels in a corporate group. Berlakunya limited liability pada perusahaan kelompok dengan konstruksi piramida menciptakan celah hukum berupa limited liability dalam limited liability. Untuk mencegah munculnya moral hazard dari pemegang akhir atau induk perbuatan, perlu dilakukan terobosan hukum pembatasan jumlah lapisan anak perusahaan dalam konstruksi perusahaan kelompok.

  12. Nuclear liability insurance

    Nuclear liability insurance, which exists in some countries, is provided by pools, which are groups of insurance companies that have voluntarily combined to share the insurance risk. Currently, 28 insurance pools operate worldwide. National pools are members of the international pool system. The pools cover both third party liability and material damage. Entities insured by pools include not only nuclear power plants but also fuel fabrication plants, research reactors, nuclear waste treatment plants, spent fuel reprocessing plants, facilities for protecting nuclear wastes before disposal, as well as nuclear fuel and facility carriers and suppliers. (J.B.)

  13. Limitation of Auditors' Liability

    Werlauff, Erik; Foged-Ladefoged, Lise Kolding

    2014-01-01

    The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...

  14. Contingent Liabilities Risk Management

    Bachmair, Fritz Florian

    2016-01-01

    Sovereign credit guarantees and government on-lending can catalyze private sector investment and fulfill specific policy objectives. However, contingent liabilities stemming from guarantees and contingent assets stemming from on-lending expose governments to risk. Prudent risk management, including risk analysis and measurement, can help identify and mitigate these risks. This paper propos...

  15. Teaching Absolute Value Meaningfully

    Wade, Angela

    2012-01-01

    What is the meaning of absolute value? And why do teachers teach students how to solve absolute value equations? Absolute value is a concept introduced in first-year algebra and then reinforced in later courses. Various authors have suggested instructional methods for teaching absolute value to high school students (Wei 2005; Stallings-Roberts…

  16. Nuclear Liability Legislation in Slovenia

    This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

  17. Eosinophil count - absolute

    Eosinophils; Absolute eosinophil count ... the white blood cell count to give the absolute eosinophil count. ... than 500 cells per microliter (cells/mcL). Normal value ranges may vary slightly among different laboratories. Talk ...

  18. Civil liability on nuclear activities

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

  19. Fukushima: liability and compensation

    On 11 March 2011, Japan endured one of the worst natural disasters in its history when a massive earthquake struck the Pacific coast of the country and was followed by a tsunami which led to considerable loss of lives. It also led to a major accident at the Fukushima Daiichi nuclear power plant. Soon afterwards, the operator of the plant, Tokyo Electric Power Company (TEPCO), assumed responsibility and liability for the nuclear accident. On 28 April 2011, TEPCO established a dedicated contact line to provide consulting services for financial compensation related to the damage caused

  20. Liability valuation and optimal asset allocation

    Inkmann, Joachim; Blake, David

    2004-01-01

    Current approaches to asset-liability management employ a sequence of distinct procedures to value liabilities and determine the asset allocation. First, a discount rate that is usually dic-tated by accounting standards is used to value liabilities. Second, the asset allocation is determined by maximizing some objective function in the surplus of assets over liabilities, taken as given the valuation of liabilities. We introduce a model that allows for the joint valuation of liabilities and th...

  1. Online intermediaries and copyright liability

    Waelde, Charlotte; Edwards, Lilian

    2005-01-01

    The report, presented to the World Intellectual Property Organisation, examines the role of online intermediaries, and liability for copyright infringement. The authors discuss the difficulties found in disclosure identity requests under various data protection regimes, and the liabilities for file-sharing.

  2. Absolute nuclear material assay

    Prasad, Manoj K.; Snyderman, Neal J.; Rowland, Mark S.

    2010-07-13

    A method of absolute nuclear material assay of an unknown source comprising counting neutrons from the unknown source and providing an absolute nuclear material assay utilizing a model to optimally compare to the measured count distributions. In one embodiment, the step of providing an absolute nuclear material assay comprises utilizing a random sampling of analytically computed fission chain distributions to generate a continuous time-evolving sequence of event-counts by spreading the fission chain distribution in time.

  3. Absolute nuclear material assay

    Prasad, Manoj K.; Snyderman, Neal J.; Rowland, Mark S.

    2012-05-15

    A method of absolute nuclear material assay of an unknown source comprising counting neutrons from the unknown source and providing an absolute nuclear material assay utilizing a model to optimally compare to the measured count distributions. In one embodiment, the step of providing an absolute nuclear material assay comprises utilizing a random sampling of analytically computed fission chain distributions to generate a continuous time-evolving sequence of event-counts by spreading the fission chain distribution in time.

  4. Atomic liability panel

    It is generally recognized that the lack of adequate rules and accepted definitions of liability in the case of nuclear accidents constitutes a serious drawback to the growth of the atomic energy industry. This applies both t o national undertakings and, more particularly, to bilateral or international operations such as those carried out under the auspices of IAEA. The problems will grow even more complicated if countries adopt differing standards. The initial programme of IAEA therefore stresses the need for the establishment of international standards and definitions of areas of responsibility which would do much to harmonize national practices now being formulated in many countries. In order to initiate studies of this problem, the Director General has decided t o call a number of experts, representing various legal systems, together, and entrust them with the task of examining this question. He has appointed Ambassador Paul Ruegger (Switzerland) as Chairman of the panel

  5. ABSOLUTE NEUTRINO MASSES

    Schechter, J.; Shahid, M. N.

    2012-01-01

    We discuss the possibility of using experiments timing the propagation of neutrino beams over large distances to help determine the absolute masses of the three neutrinos.......We discuss the possibility of using experiments timing the propagation of neutrino beams over large distances to help determine the absolute masses of the three neutrinos....

  6. Government-sponsored microfinance program: Joint liability vs. individual liability

    Arghya Kusum Mukherjee

    2014-12-01

    Full Text Available Swarnajayanti Gram Swarozgar Yojana (SGSY is a government-sponsored microfinance program. The scheme is based on four features: group lending with joint liability, progressive lending, back-ended subsidy, and social capital. We propose a new model of SGSY having these features: group lending with individual liability, progressive lending, back-ended subsidy, and social capital. “Joint liability” clause of the existing model is replaced with individual liability in the new model. The paper shows that problem of adverse selection is removed in both models, i.e. in “SGSY with group lending and joint liability” and “SGSY with group lending and individual liability.” The problem of “moral hazard” is more severe in the existing model of SGSY compared with the proposed model of SGSY. Borrowers are also benefitted from participation in the proposed scheme of SGSY than that in the existing model of SGSY.

  7. Some considerations on disciplinary liability overlapping criminal liability

    Ştefania DUMITRACHE

    2011-12-01

    Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

  8. Civil Liability for Environmental Damages

    Daniela Ciochină

    2012-05-01

    Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

  9. Product liability insurance for WECS

    Noun, R.J.

    1979-10-01

    Preliminary findings from a sampling of manufacturers indicate that product liability insurance for WECS is still difficult to obtain in many cases. About half of the 21 WECS manufacturers contacted do not have product liability insurance at this time. About one manufacturer in three who has attempted to obtain insurance has been rejected by at least one insurance company. In some instances, although an insurer had offered to provide coverage, the manufacturer found the rates quoted to be prohibitively expensive.

  10. NGS Absolute Gravity Data

    National Oceanic and Atmospheric Administration, Department of Commerce — The NGS Absolute Gravity data (78 stations) was received in July 1993. Principal gravity parameters include Gravity Value, Uncertainty, and Vertical Gradient. The...

  11. Absolute Pitch on Music

    Çuhadar, C.Hakan

    2008-01-01

    Musicians are debated people in the academic circles with the claim of they have both various characteristics and different cognitive personalities on the analogy those other people. One of these different characteristics is absolute pitch ability. Absolute pitch (AP) is a cognitive ability which can be characterized as to identify any tones (labeling) at a given pitch without using any external references. According to the different studies which were held in different times, the prevalence ...

  12. Absolute polarimetry at RHIC

    Okada, H.; Alekseev, I.; Bravar, A; Bunce, G.; Dhawan, S.; Eyser, K. O.; Gill, R; Haeberli, W.; Huang, H.; Jinnouchi, O.; Makdisi, Y.; Nakagawa, I.; Nass, A.; Saito, N; Stephenson, E.

    2007-01-01

    Precise and absolute beam polarization measurements are critical for the RHIC spin physics program. Because all experimental spin-dependent results are normalized by beam polarization, the normalization uncertainty contributes directly to final physics uncertainties. We aimed to perform the beam polarization measurement to an accuracy of $\\Delta P_{beam}/P_{beam} < 5%$. The absolute polarimeter consists of Polarized Atomic Hydrogen Gas Jet Target and left-right pairs of silicon strip detector...

  13. Absolute surface energy determination

    Metois, J. J.; Muller, P.

    2007-01-01

    Experimental determination of absolute surface energies remains a challenge. We propose a simple method based on two independent measurements on 3D and 2D equilibrium shapes completed by the analysis of the thermal fluctuation of an isolated step. Using then basic equations (Wulff' theorem, Gibbs-Thomson equation, thermodynamics fluctuation of an isolated step) allows us to extract the absolute surface free energy of a singular face. The so-proposed method can be applied when (i) all orientat...

  14. Financial Planning and Financial Analysis of a Limited Liability Company

    Strebeľová, Veronika

    2011-01-01

    Composition of financial plan for year 2012 and executing financial analysis of a limited liability company. In composition of financial plan were used three variant -- an optimistic, a realistic and a pesimistic. Used methods of financial analysis were analysis of absolute indicators and financial ratios, including logaritmical decomposition of Return on Equity. Comparing each of those variants with reality valid on May 31, 2012.

  15. Medical Liability in the Context of the Civil Liability

    Lacrima Rodica BOILA

    2013-03-01

    Full Text Available The theme of the civil liability crisis in the conditions imposed by the modern society is one of the major issues which concern equally, the ethical-legal research of the medical care, but also the medical world. The traditional institution of civil liability, the way it has been governed by the Roman law, and then modernized by the Napoleonic Code, cannot be applied to new legal situations such as organ donation and transplantation, assisted medical reproduction, the legal protection of the human embryo and so on. Our survey aims to present some of the details of a new approach to professionals’ liability within the medical field, adapted to the problems medicine and biomedical research are currently facing.

  16. Nuclear accidents - Liabilities and guarantees

    The 1992 Symposium on Nuclear Accidents - Liabilities and guarantees, organized by the OECD NUCLEAR Energy Agency in collaboration with the international Atomic Energy Agency, discussed the nuclear third party liability regime established by the Paris and Vienna Conventions, its advantages and shortcomings, and assessed the teachings of the Chernobyl accident in the context of that regime. The topics included the geographical scope of the Conventions, the definition of nuclear damage, in particular environmental damage, insurance cover and capacity, supplementary compensation by means of a collective contribution from the nuclear industry or governments, and finally, the international liability of States in case of a nuclear accident. This proceeding contains 26 papers which have been selected

  17. 7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships, limited liability companies, corporations, and other similar legal entities. 1400.204 Section 1400.204... entities. (a) A limited partnership, limited liability partnership, limited liability company,......

  18. Civil liability concerning nuclear accidents

    France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

  19. The Uneasy Case for Product Liability

    Polinsky, A. Mitchell; Shavell, Steven

    2010-01-01

    In this Article we compare the benefits of product liability to its costs and conclude that the case for product liability is weak for a wide range of products. One benefit of product liability is that it can induce firms to improve product safety. Even in the absence of product liability, however, firms are often motivated by market forces to enhance product safety because their sales may fall if their products harm consumers. Moreover, products must frequently conform to safety regulations....

  20. Non-core Liabilities and Credit Growth

    Zubeyir Kilinc; Hatice Gokce Karasoy; Eray Yucel

    2013-01-01

    The composition of bank liabilities has captured a lot of attention especially after the global financial crisis. It is argued that movements particularly in the non-core liabilities may reflect the stage of financial cycle. The literature claims that banks usually fund their credits with core liabilities, which grow with households’ wealth, but when there is a faster growth in credits compared to deposits, the banks resort to non-core liabilities to meet the excess demand. Despite this signi...

  1. Calibration with Absolute Shrinkage

    Øjelund, Henrik; Madsen, Henrik; Thyregod, Poul

    2001-01-01

    In this paper, penalized regression using the L-1 norm on the estimated parameters is proposed for chemometric je calibration. The algorithm is of the lasso type, introduced by Tibshirani in 1996 as a linear regression method with bound on the absolute length of the parameters, but a modification...

  2. 29 CFR 18.411 - Liability insurance.

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Liability insurance. 18.411 Section 18.411 Labor Office of... OF ADMINISTRATIVE LAW JUDGES Rules of Evidence Relevancy and Its Limits § 18.411 Liability insurance... evidence of insurance against liability when offered for another purpose, such as proof of...

  3. 33 CFR 401.23 - Liability insurance.

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Liability insurance. 401.23....23 Liability insurance. (a) It is a condition of approval of an application for preclearance that the vessel is covered by liability insurance equal to or exceeding $100 per gross registered ton. (b)...

  4. Adventure Programming and Legal Liability

    Frakt, Arthur N.

    1978-01-01

    It is not only probable but appropriate that liability in risk recreation should ensue when there is (1) failure to explain hazards, (2) failure to restrict participation to participants who have the maturity, physical conditioning, and skill level necessary, and (3) failure to provide professional leadership and instruction. (Author)

  5. University Liability for Sports Injuries.

    Rieder, Robert W.; Woodruff, William B., Jr.

    1993-01-01

    Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)

  6. School Liability for Student Suicides.

    Bjorklun, Eugene C.

    1996-01-01

    Schools and school personnel have moral and ethical responsibilities to take reasonable action to prevent suicides by students. Liability could be imposed if school personnel had knowledge of a student's suicidal intent and failed to take action based on that knowledge. (75 footnotes) (MLF)

  7. Nuclear civil liabilities. International conventions

    A convention on the complementary repair of nuclear damages comes and superposes on the Convention of Paris and the Convention of Vienna or national autonomous conventions of nuclear civil liability. In case of accident, a fund would be created to compete the first level of indemnification beyond the contribution of the government. (N.C.)

  8. Problematic of mining environmental liabilities in Colombia

    Mining environmental liabilities (PAM from its acronym in Spanish) are areas where there is a need for restoration, mitigation or compensation for environmental damage or unmanaged impact, produced by inactive or abandoned mining that threatens health, quality of life or public or private property. In Colombia the environmental liabilities from mining have not been regulated, but given the age and the prevalence of informality in mining, there is increasing interest in defining, regulating and managing these obligations. In this paper we approach the problem of valuing mining environmental liabilities by examining different management approaches for such liabilities around the world. We also identify key information requirements to manage mining environmental liabilities in Colombia.

  9. Absolute Neutrino Masses

    Since the recent convincing evidence for massive neutrinos in oscillation experiments, the next task is to determine the absolute masses of neutrinos. A unique pattern of neutrino masses will be hopefully fixed in the future superbeam experiments and neutrino factories. However, the determination of the exact scale is more complicated and depends on the mass of the lightest neutrino ( mμ )min . If ( mμ)min ≥ 0.35 eV, the future tritium β decay experiments ( e.g. KATRIN) will have a chance to establish absolute neutrino masses. For smaller masses, 0.004 eV ≤ (mμ)min ≤ 0.35 eV, if neutrinos are Majorana particles, an additional information can be derived from the neutrinoless double β decay (ββ)0μ of nuclei and again the absolute neutrino masses can be fixed. If, however, (mμ)min ≤ 0.004 eV, none of the present and foreseeable future experiments is known to be able to fix the mass scale. (author)

  10. ACCOUNTING ESTIMATION OF LIABILITIES OF ENVIRONMENTAL ACTIVITY

    D. Ulianova

    2014-12-01

    Full Text Available Environmental protection is one of the main stream in business development.The purpose of this research is to identify how company should account their environmental liability. The article consists of National Accounting Standards or International Accounting Standard Company analyses as both can be used in Ukraine. This article describes options for environmental liability accounting. On the one hand, company can identify environmental liability, and book it on below-line balance account. It is called contingent liability in that case. On the other hand, such liability can be considered as object for provisions. The second option means that company not only identify its environmental liability, but also will step to step create essential amount for environmental management. Also such allocation can be included into expenses. In that way company divide potential losses between periods and secure company from the big one in some recognized period. Sometimes such outstanding liabilities can lead to bankruptcy because of huge amounts.

  11. Sino-American seminar on nuclear liability

    The Sino-American Seminar on Nuclear Liability was held in Beijing, People's Republic of China from April 26-27, 2000, and co-sponsored by Chinese Nuclear Society and U.S. Nuclear Energy Institute. The topics of the meeting were the follows: 1. Current U.S. Nuclear Liability Regime; 2. Current Chinese Nuclear Liability Regime; 3. Comparison of U.S. and Other Nuclear Liability Regime; International Nuclear Liability Conventions; 4. Role of Nuclear Insurance in U.S.; 5. Chinese Nuclear Insurance and Chinese Nuclear Insurance Pool; 6. How nuclear Liability Practices Have Been Implemented in U.S.; U.S. Nuclear Claims Experience; 7. Liability for On-Site Nuclear Property Damage

  12. Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law. Verhaeltnis der Zivilhaftungskonventionen fuer Atom- und Oelverschmutzungsschaeden zur voelkerrechtlichen Haftung

    Hoche, A.

    1988-01-01

    In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed.

  13. International responsibility and liability of states for environmental accidental pollution

    This paper deals with international liability for environmental damage. Environmental pollution is an urgent problem of worldwide concern since damage of this kind can often not be restricted to the area of that state where the nuisance originally had started. It is because of the technical progress of the twentieth century that activities carried out within the control of the state of origin can very much produce effects in areas beyond national jurisdiction or in areas under the control of another state. Therefore there is a great demand for international cooperation and further development of international law regarding trans-frontier environmental pollution. Obviously the main goal of international environmental law lies in the prevention of trans-frontier harm. But up to a certain extent, regulations governing state responsibility and liability can not only provide for compensation of innocent victims but are also able to fulfill an educational function and in this sense to raise concern for environmental problems. There are two different causes of liability in international law. Any violation of a subjective right of another state leads to state responsibility of the author of the violation and particularly to the duty to repair damage. On the other hand there are activities which are as well harmful and dangerous by their nature as absolutely necessary for economic and social reasons. However, uninvolved people have to be compensated if damage occurs to them. In such cases the cause of this obligation is not the violation of a legal duty but arises out of the mere fact that damage had occurred. Briefly these two above mentioned causes of liability form a base for a better approach to the problems of international law concerning environmental risks. (author)

  14. [Liability of the expert witness].

    Jansen, C

    1996-11-01

    Regarding the liability of the expert witness, is has to be differentiated between the responsibility according to the civil law and the criminal law. Responsibility in the criminal law means the punishableness for the guilty and illegal fulfillment of a criminal offense in the legal sense, while responsibility in the civil law means compensation towards another citizen. Criminal prosecution occurs ex officio. Prerequisite for prosecution in the civil law is an action of the victim. PMID:9064937

  15. Aspects of nuclear penal liability

    Topics are treated with reference to articles of the Law 6.453 of october 17, 1977, relating to the nuclear penal liability. At the same time, the Penal Code disposes on illicits which may involve nuclear activity. With regard to the Jurisdiction, mention is made to the Federal Justice competence, due to the constitutional disposal. On the international field, the Convention on Physic Protection on Nuclear Material Transport disposes on illicit fact in which nuclear material may be involved. (Author)

  16. Administrative liability concerning land contamination

    This article draws a comparison between the handling of land contamination by French and German legislations. The main difference appears on the designation of the responsible who will be in charge of the rehabilitation of the land. French law is based on the liability of the last operator whereas German right does not consider any strict ranking in the responsibility. Under German law the owner, the operator, the previous operator can be held responsible for the damage. (A.C.)

  17. Total Liability for Excessive Harm

    Cooter, Robert D; Porat, Ariel

    2005-01-01

    The harm that each individual causes others is unverifiable in some circumstances where the total harm caused by everyone is verifiable. For example, the environmental agency can often measure the total harm caused by pollution much easier than it can measure the harm caused by each individual polluter. In these circumstances, implementing the usual liability rules or externality taxes is impossible. We propose a novel solution: Hold each participant in the activity responsible for all of the...

  18. Total Liability for Excessive Harm

    Cooter, Robert D; Porat, Ariel

    2004-01-01

    In many circumstances, the total harm caused by everyone is verifiable, and the harm caused by each individual is unverifiable. For example, the environmental agency can measure the total harm caused by pollution much easier than it can measure the harm caused by each individual polluter. In these circumstances, implementing the usual liability rules or externality taxes is impossible. We propose a novel solution: Hold each participant in the activity responsible for all of the excessive harm...

  19. Minimizing liability during internal investigations.

    Morris, Cole

    2010-01-01

    Today's security professional must appreciate the potential landmines in any investigative effort and work collaboratively with others to minimize liability risks, the author points out. In this article he examines six civil torts that commonly arise from unprofessionally planned or poorly executed internal investigations-defamation, false imprisonment. intentional infliction of emotional distress, assault and battery, invasion of privacy, and malicious prosecution and abuse of process. PMID:20873494

  20. Valuers’ Liability in Mortgage Valuation

    Gabriel Babawale

    2013-01-01

    Valuation is a profession; valuers’ clients are therefore justified in expecting valuations that meet the standards prescribed by relevant professional body(s).Failure to meet these standards constitute a source of breach of the duty that valuers owe their clients. The courts too have always looked up to the published standards of professional bodies for judgment guidelines in liability cases of contract, fraud and negligence. Drawing inferences from standards prescribed by valuers’ professio...

  1. Optimization of firm's tax liability

    Švihálek, Pavel

    2012-01-01

    The thesis is divided in two basic parts. The first part includes structure of the tax system in the Czech Republic, explanation of tax definitions and characteristics of Czech tax system. The goal of the first part is to clarify the tax system, tax base calculation and factors that influence its amount. The second part is structured more practically and should offer several possibilities of how to optimize the firm's tax liability, with focus on the corporate income tax.

  2. Valuers’ Liability in Mortgage Valuation

    Gabriel Babawale

    2013-05-01

    Full Text Available Valuation is a profession; valuers’ clients are therefore justified in expecting valuations that meet the standards prescribed by relevant professional body(s.Failure to meet these standards constitute a source of breach of the duty that valuers owe their clients. The courts too have always looked up to the published standards of professional bodies for judgment guidelines in liability cases of contract, fraud and negligence. Drawing inferences from standards prescribed by valuers’ professional bodies and ensuing mortgage valuation case laws, this study sought to establish, among others, the nature and extent of the duty of care that valuers owe their clients; the grounds for liability for negligence; the penalties for negligence; and also proffered practical steps and procedures to preventing liability for negligence in mortgage valuation. Due to the present paucity of documented pronoun¬cements on the subject in Nigerian courts, the paper focuses on case laws in countries with similar jurisprudence, particularly Britain and other Commonwealth countries. Interes¬tingly, decision in the British courts has often become precedents for the rest of the common law world. The ultimate goal is to help Nigerian valuers hone their skill in mortgage valuation in the light of global best practices.

  3. ABSOLUTE POLARIMETRY AT RHIC.

    OKADA; BRAVAR, A.; BUNCE, G.; GILL, R.; HUANG, H.; MAKDISI, Y.; NASS, A.; WOOD, J.; ZELENSKI, Z.; ET AL.

    2007-09-10

    Precise and absolute beam polarization measurements are critical for the RHIC spin physics program. Because all experimental spin-dependent results are normalized by beam polarization, the normalization uncertainty contributes directly to final physics uncertainties. We aimed to perform the beam polarization measurement to an accuracy Of {Delta}P{sub beam}/P{sub beam} < 5%. The absolute polarimeter consists of Polarized Atomic Hydrogen Gas Jet Target and left-right pairs of silicon strip detectors and was installed in the RHIC-ring in 2004. This system features proton-proton elastic scattering in the Coulomb nuclear interference (CNI) region. Precise measurements of the analyzing power A{sub N} of this process has allowed us to achieve {Delta}P{sub beam}/P{sub beam} = 4.2% in 2005 for the first long spin-physics run. In this report, we describe the entire set up and performance of the system. The procedure of beam polarization measurement and analysis results from 2004-2005 are described. Physics topics of AN in the CNI region (four-momentum transfer squared 0.001 < -t < 0.032 (GeV/c){sup 2}) are also discussed. We point out the current issues and expected optimum accuracy in 2006 and the future.

  4. Absolute polarimetry at RHIC

    Okada, H; Bravar, A; Bunce, G; Dhawan, S; Eyser, K O; Gill, R; Haeberli, W; Huang, H; Jinnouchi, O; Makdisi, Y; Nakagawa, I; Nass, A; Saitô, N; Stephenson, E; Sviridia, D; Wise, T; Wood, J; Zelenski, A

    2007-01-01

    Precise and absolute beam polarization measurements are critical for the RHIC spin physics program. Because all experimental spin-dependent results are normalized by beam polarization, the normalization uncertainty contributes directly to final physics uncertainties. We aimed to perform the beam polarization measurement to an accuracy of $\\Delta P_{beam}/P_{beam} < 5%$. The absolute polarimeter consists of Polarized Atomic Hydrogen Gas Jet Target and left-right pairs of silicon strip detectors and was installed in the RHIC-ring in 2004. This system features \\textit{proton-proton} elastic scattering in the Coulomb nuclear interference (CNI) region. Precise measurements of the analyzing power $A_N$ of this process has allowed us to achieve $\\Delta P_{beam}/P_{beam} =4.2%$ in 2005 for the first long spin-physics run. In this report, we describe the entire set up and performance of the system. The procedure of beam polarization measurement and analysis results from 2004-2005 are described. Physics topics of $A...

  5. Professional liability insurance with focus on legal professions

    Hubinková, Barbora

    2015-01-01

    The thesis is about professional liability insurance, focused primarily on legal professions. The first part describes general liability insurance, then the thesis is focused on characteristics and specific features of professional liability insurance. The thesis also analyzes legal requirements for insurance of selected professions and significance of professional associations in professional liability insurance. In conclusion, it examines availability of professional liability insurance pro...

  6. Management of UKAEA graphite liabilities

    The UK Atomic Energy Authority (UKAEA) is responsible for managing its liabilities for redundant research reactors and other active facilities concerned with the development of the UK nuclear technology programme since 1947. These liabilities include irradiated graphite from a variety of different sources including low irradiation temperature reactor graphite (the Windscale Piles 1 and 2, British Experimental Pile O, Graphite Low-energy Experimental Pile at Harwell and the Material Testing Reactors at Harwell and Dounreay), advanced gas-cooled reactor graphite (from the Windscale Advanced Gas-cooled Reactor (WAGR)) and graphite from fast reactor systems (neutron shield graphite from the Dounreay Prototype Fast Reactor and Dounreay Fast Reactor). The decommissioning and dismantling of these facilities will give rise to over 6000t of graphite requiring disposal. The first graphite will be retrieved from the dismantling of Windscale pile 1 and the Windscale AGR during the next five years. UKAEA has undertaken extensive studies to consider the best practicable options for disposing of these graphite liabilities in a manner that is safe while minimizing the associated costs and technical risks. These options include (but are not limited to): disposal as low-level waste (LLW), incineration, or encapsulation and disposal as intermediate-level waste (ILW). There are a number of technical issues associated with each of these proposed disposal options; these include Wigner energy, radionuclide inventory determination, encapsulation of graphite dust, galvanic coupling interactions enhancing the corrosion of mild steel, and public acceptability. UKAEA is currently developing packaging concepts and designing packaging plants for processing these graphite wastes in consultation with other holders of graphite wastes throughout Europe. 'Letters of comfort' have been sought from both the LLW and the ILW disposal organizations to support the development of these waste disposal

  7. Management of UKAEA graphite liabilities

    The UK Atomic Energy Authority (UKAEA) is responsible for managing its liabilities for redundant research reactors and other active facilities concerned with the development of the UK nuclear technology programme since 1947. These liabilities include irradiated graphite from a variety of different sources including low irradiation temperature reactor graphite (the Windscale Piles 1 and 2, British Energy Pile O and Graphite Low Energy Experimental Pile at Harwell and the Material Testing Reactors at Harwell and Dounreay), advanced gas-cooled reactor graphite (from the Windscale Advanced Gas-cooled Reactor) and graphite from fast reactor systems (neutron shield graphite from the Dounreay Prototype Fast Reactor and Dounreay Fast Reactor). The decommissioning and dismantling of these facilities will give rise to over 6,000 tonnes of graphite requiring disposal. The first graphite will be retrieved from the dismantling of Windscale Pile 1 and the Windscale Advanced Gas-cooled Reactor during the next five years. UKAEA has undertaken extensive studies to consider the best practicable options for disposing of these graphite liabilities in a manner that is safe whilst minimising the associated costs and technical risks. These options include (but are not limited to), disposal as Low Level Waste, incineration, or encapsulation and disposal as Intermediate Level Waste. There are a number of technical issues associated with each of these proposed disposal options; these include Wigner energy, radionuclide inventory determination, encapsulation of graphite dust, galvanic coupling interactions enhancing the corrosion of mild steel and public acceptability. UKAEA is currently developing packaging concepts and designing packaging plants for processing these graphite wastes in consultation with other holders of graphite wastes throughout Europe. 'Letters of Comfort' have been sought from both the Low Level Waste and the Intermediate Level Waste disposal organisations to support the

  8. Progress towards a global nuclear liability regime

    As the Fukushima-Daiichi nuclear power plant accident brought a renewed focus to the discussion of international nuclear liability regimes, and notably the administration of a liability system to compensate damages resulting from a nuclear accident, this article recalls the background on existing international nuclear liability conventions (original and revised Paris and Vienna conventions), briefly indicates the common principles reflected in the international nuclear liability conventions. The author outlines the challenges in achieving a global nuclear liability regime, reports and comments the Japanese experience in handling compensation issues in the wake of the Fukushima accident. He gives an overview of recent developments: IAEA action plan on nuclear safety, action of the International Expert Group on Nuclear Liability (INLEX), CSC or Convention on Supplementary Compensation

  9. Toward an epistemology of ISP secondary liability

    Burk, DL

    2011-01-01

    At common law, contributory infringement for copyright infringement requires "knowledge" of the infringing activity by a direct infringer before secondary liability can attach. In the USA, the "safe harbor" provisions of the Digital Millennium Copyright Act, that shield Internet Service Providers (ISPs) from secondary copyright liability, are concomitantly available only to ISPs that lack the common law knowledge prerequisites for such liability. But this leads to the question of when a jurid...

  10. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    M. Malik

    2014-03-01

    Full Text Available The article outlines the main trends of compulsory insurance of civil liability in Russia : problems, trends and prospectsInsurance of civil liability – one of the popular forms of distribution and security in the world. The essence of compulsory insurance of civil responsibility is to protect the property interests of individuals. The development of liability insurance goes along with technological progress and reinforced by various laws and regulations, it touches almost all areas of life.

  11. Enterprise Liability, Risk Pooling, and Diagnostic Care

    Fenn, P.; Gray, A; Rickman, N; Vencappa, D; Rivero, O.; Lotti, E

    2010-01-01

    The safety of patients is an important responsibility of health care providers, and significant compensation costs may arise if providers are negligent. A widely debated option involves liability for such compensation being placed with the hospital rather than the individual clinician, a system known as "enterprise liability." In the United States, partial adoption of enterprise liability and proposals for its universal introduction have accompanied high-profile "malpractice insurance crises"...

  12. ACCOUNTING ESTIMATION OF LIABILITIES OF ENVIRONMENTAL ACTIVITY

    D. Ulianova

    2014-01-01

    Environmental protection is one of the main stream in business development.The purpose of this research is to identify how company should account their environmental liability. The article consists of National Accounting Standards or International Accounting Standard Company analyses as both can be used in Ukraine. This article describes options for environmental liability accounting. On the one hand, company can identify environmental liability, and book it on below-line balance account. It ...

  13. Products Liability, Consumer Misperceptions, and Market Power

    A. Mitchell Polinsky; Rogerson, William P.

    1982-01-01

    This paper compares alternative liability rules for allocating losses from defective products when consumers under- estimate these losses and producers may have some market power. If producers do not have any market power, the rule of strict liability .leads to both the first-best accident probability and industry output. If producers do have some market power, strict liability still leads to the first-best accident probability, but there will now be too little output of the industry. It is s...

  14. The Bank of England Bank Liabilities Survey

    Bell, Venetia; Butt, Nick; Talbot, James

    2013-01-01

    In order to improve understanding of the role of bank liabilities in driving credit and monetary conditions, the Bank of England began conducting a formal Bank Liabilities Survey last year. This survey is intended to supplement the data collected on the asset side of bank balance sheets by the Bank of England’s quarterly survey of credit conditions, which was introduced in 2007. The first results of the Bank Liabilities Survey will be published on 26 March. This article introduces the survey.

  15. Optical tweezers absolute calibration

    Dutra, R S; Neto, P A Maia; Nussenzveig, H M

    2014-01-01

    Optical tweezers are highly versatile laser traps for neutral microparticles, with fundamental applications in physics and in single molecule cell biology. Force measurements are performed by converting the stiffness response to displacement of trapped transparent microspheres, employed as force transducers. Usually, calibration is indirect, by comparison with fluid drag forces. This can lead to discrepancies by sizable factors. Progress achieved in a program aiming at absolute calibration, conducted over the past fifteen years, is briefly reviewed. Here we overcome its last major obstacle, a theoretical overestimation of the peak stiffness, within the most employed range for applications, and we perform experimental validation. The discrepancy is traced to the effect of primary aberrations of the optical system, which are now included in the theory. All required experimental parameters are readily accessible. Astigmatism, the dominant effect, is measured by analyzing reflected images of the focused laser spo...

  16. Limiting the liability of the nuclear operator

    This article discusses the questioning of a fundamental principle of the special nuclear third party liability regime by certain NEA countries: the limitation of the nuclear operator's liability. This regime, set up since the late fifties at European then at worldwide level, had until now been widely adopted in the national legislation of most of the countries with a nuclear power programme. The author analyses the different arguments in favour of restoring unlimited liability for the nuclear operator and attempts to define its implications for the future of the nuclear third party liability regime in NEA countries. (NEA)

  17. Nuclear liability conventions and transport: An overview

    This paper provides an overview of the international nuclear liability conventions and their applicability to transport, with particular emphasis on the coverage for international shipments already provided under the IAEA's Vienna Convention (including the 1997 Protocol) and the 1997 Convention on Supplementary Compensation for Nuclear Damage. The paper draws upon extensive knowledge of and experience with nuclear liability and transport matters. In particular, the paper outlines the advantages of expanding adherence by nuclear and non-nuclear States to the existing IAEA nuclear liability conventions. It also outlines the scope of available supplier's and transporter's nuclear liability insurance. (author)

  18. Global Cities and Liability of Foreignness

    Wernicke, Georg; Mehlsen, Kristian

    2016-01-01

    In this paper, we combine the concepts of location, liability of foreignness (LoF), and their relation to factors that drive multinational enterprises (MNEs) towards, or away from, global cities. We argue that three interrelated characteristics of global cities - cosmopolitanism, availability of...... advanced producer services, and interconnectedness - help MNEs to overcome the liability of foreignness. We operationalise liability of foreignness as institutional distance and analyse its influence on the worldwide location of a large sample of subsidiaries of Nordic and Japanese MNEs. Our results...... can reduce the liability of foreignness suffered by MNEs, and that global cities play a central role in the process of globalisation....

  19. Measurement of the absolute \

    Aunion, Jose Luis Alcaraz; /Barcelona, IFAE

    2010-07-01

    This thesis presents the measurement of the charged current quasi-elastic (CCQE) neutrino-nucleon cross section at neutrino energies around 1 GeV. This measurement has two main physical motivations. On one hand, the neutrino-nucleon interactions at few GeV is a region where existing old data are sparse and with low statistics. The current measurement populates low energy regions with higher statistics and precision than previous experiments. On the other hand, the CCQE interaction is the most useful interaction in neutrino oscillation experiments. The CCQE channel is used to measure the initial and final neutrino fluxes in order to determine the neutrino fraction that disappeared. The neutrino oscillation experiments work at low neutrino energies, so precise measurement of CCQE interactions are essential for flux measurements. The main goal of this thesis is to measure the CCQE absolute neutrino cross section from the SciBooNE data. The SciBar Booster Neutrino Experiment (SciBooNE) is a neutrino and anti-neutrino scattering off experiment. The neutrino energy spectrum works at energies around 1 GeV. SciBooNE was running from June 8th 2007 to August 18th 2008. In that period, the experiment collected a total of 2.65 x 10{sup 20} protons on target (POT). This thesis has used full data collection in neutrino mode 0.99 x 10{sup 20} POT. A CCQE selection cut has been performed, achieving around 70% pure CCQE sample. A fit method has been exclusively developed to determine the absolute CCQE cross section, presenting results in a neutrino energy range from 0.2 to 2 GeV. The results are compatible with the NEUT predictions. The SciBooNE measurement has been compared with both Carbon (MiniBoonE) and deuterium (ANL and BNL) target experiments, showing a good agreement in both cases.

  20. Insurance and liability: reflections on liability issues in litigation

    This article examines the United Kingdom (UK) Nuclear Industries claims record for third party insurance and its public liability. Legislative standards and environmental constraints are being tightened. The UK is cited as a country where changes in public administration and legal procedures have created a more favourable climate for claimants and for the bringing forward of claims. Access to advice by claimants and the coordination of their claims are covered. The issue of public or private funding for litigation is also addressed. Group action procedures are discussed as is the role of common interest groups. (UK)

  1. Nuclear liability under the Paris convention in the transport of radioactive materials

    Radioactive materials are without any doubt dangerous materials, which may cause very important damages in case of an accident. Although the safety level in the transport of nuclear materials is very high if the corresponding regulations are fulfilled, it is impossible to absolutely exclude personal or material damages in case of an accident. This is why the necessary provisions must be made, to make sure claims for indemnity may be fulfilled. In order to improve the situation of potential victims of damages the Paris Convention on Third Party Liability in the Field of Nuclear Energy has been established. This convention is based on two main characteristics: the principle of strict but limited liability and the channelling of liability to the so-called operator of the nuclear installation. Moreover a financial security is required to cover the third party nuclear liability. One cannot, however, talk of a uniform liability situation, as the Paris Convention concedes many exceptions to the signatory countries. This paper will present the situation from the German point of view, and the differences with other signatory countries will be shown. (author)

  2. Genetically Modified Organisms and Liability: What are the Issues?

    Hutton, Stephen

    2004-01-01

    This paper examines the main economic issues surrounding liability for genetically modified organisms with focus on the New Zealand situation and liability debate and in particular the interaction between liability and regulation.

  3. Proposals for amending the Nuclear Liability Act (1968:45)

    The proposal is to amend the Nuclear Liability Act so that the nuclear operator liability has an unlimited liability. An insurance duty covering at least 300 million SDRs (about 3.1 billion SEK) is also proposed

  4. Absolute neutrino mass measurements

    Wolf, Joachim

    2011-10-01

    The neutrino mass plays an important role in particle physics, astrophysics and cosmology. In recent years the detection of neutrino flavour oscillations proved that neutrinos carry mass. However, oscillation experiments are only sensitive to the mass-squared difference of the mass eigenvalues. In contrast to cosmological observations and neutrino-less double beta decay (0v2β) searches, single β-decay experiments provide a direct, model-independent way to determine the absolute neutrino mass by measuring the energy spectrum of decay electrons at the endpoint region with high accuracy. Currently the best kinematic upper limits on the neutrino mass of 2.2eV have been set by two experiments in Mainz and Troitsk, using tritium as beta emitter. The next generation tritium β-experiment KATRIN is currently under construction in Karlsruhe/Germany by an international collaboration. KATRIN intends to improve the sensitivity by one order of magnitude to 0.2eV. The investigation of a second isotope (137Rh) is being pursued by the international MARE collaboration using micro-calorimeters to measure the beta spectrum. The technology needed to reach 0.2eV sensitivity is still in the R&D phase. This paper reviews the present status of neutrino-mass measurements with cosmological data, 0v2β decay and single β-decay.

  5. Nuclear liability for international transport accidents under the modernised nuclear liability conventions: an assessment

    The last decade saw the adoption of four new nuclear liability treaties, resulting in a modernisation of the existing nuclear liability regime. If applicable, the nuclear liability situation, in the case of international transport, might become more complicated, but at the same time also more transparent, should these treaties enter into force for certain States, but not for others. For instance, the extension of the geographical scope and the definition of nuclear damage, as well as the increased liability amounts, will result in higher liability coverage for a wider category of victims than before. On the other hand, the risks of claims outside the nuclear liability regime under other laws and/or in different courts, might be reduced. This paper analyses the possible consequences of nuclear liability protection applicable to multimodal nuclear transport, the cause generatrice being a catastrophic accident causing wide-scale transboundary damage involving different countries. (author)

  6. Liability for nuclear damage and compensation therefor

    The basic principles are outlined of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, the Brussels Convention Supplementary to the Paris Convention, the Vienna Convention on Civil Liability for Nuclear Damage, and the Joint Protocol Relating to the Application of the Paris Convention and the Vienna Convention. (P.A.)

  7. Nuclear civil liability international system. Evolution prospects

    This paper sets out the necessity of a special system of international conventions in the scope of nuclear civil liability. Then the main principles of the conventions in Paris and Vienna are described. Recently, works have been carried out in order to improve and modernize the civil liability system. (TEC). 4 tabs

  8. The nuclear liability conventions revised

    The signature on 12 February 2004 of the Protocols amending respectively the 1960 Paris Convention and the 1963 Brussels Supplementary Convention was the second step of the process of modernisation of the international nuclear liability regime after the adoption in September 1997 of a Protocol revising the 1963 Vienna Convention and of a new Convention on Supplementary Compensation for Nuclear Damage. The common objective of the new instruments is to provide more funds to compensate a larger number of potential victims in respect of a broader range of damage. Another goal of the revision exercise was to maintain the compatibility between the Paris and Vienna based systems, a commitment enshrined in the 1988 Joint Protocol, as well as to ascertain that Paris/Brussels countries could also become a Party to the Convention on Supplementary Compensation. However, while generally consistent vis a vis the Joint Protocol, the provisions of the Paris and Vienna Conventions, as revised, differ on some significant aspects. Another remaining issue is whether the improved international nuclear liability regime will succeed in attracting in the future a larger number of countries, particularly outside Europe, and will so become truly universal. Therefore, the need for international co-operation to address these issues, to facilitate the adoption of new implementing legislation and to ensure that this special regime keeps abreast of economic and technological developments, is in no way diminished after the revision of the Conventions.(author)

  9. Environmental pollution and liability insurance

    By the declared will of the legislative bodies to give effect to the polluter pays principle on all levels those have to pay the costs of removing impairments of environmental media that are responsible for its occurence. Thus environmental pollution becomes a considerable financial risk for the polluter. Against this risk they try to protect themselves by the corresponding precautionary measures, e.g. by insurance. The insurance industry is consequently requested to meet this new demand. The legal bases are followed by the description of the insurance relationship under the aspect of the theory of risks, which follows, based on the basic model of decision theory, the objective of a quantitative representation of the situation of the decision. In the last chapter the author deals with the financial security for the risks of a third party liability insurance of environmental pollution as it is offered today in the Federal Republic of Germany. The elaboration of the existing financial security is then compared with the legal conditions of liability. In doing this the author describes cases not covered by financial security and its definition by comparison with findings of risk theory. As a result it becomes obvious that numerous exclusions of risks could quite good be included in the financial security and that the argument of the impossibility to insure often put forward by the insurers to justify the exclusion of risks can neither theoretically nor practically be uphold. (orig./HSCH)

  10. Legal liability and workplace violence.

    Brakel, S J

    1998-01-01

    Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results. PMID:9894212

  11. Radiological risks and civil liability

    In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author)

  12. Liability for damage caused by terrorist attacks

    After the terrorist attacks on September 11, 2001, one of the questions raised was about the potential liability of the operator of a nuclear power plant for damage sustained by a third party as a result of a comparable terrorist attack on a nuclear power plant. Internationally, this situation is regulated by the Convention on Third-Party Liability in Nuclear Power, the so-called Paris Liability Convention, of 1960, 1964, 1982. Among other things, that Convention excludes liability in cases directly resulting form 'actions of armed conflict..'. The problem arises, among other things, from the absence of an internationally acknowledged definition of terrorism or terrorist attack, and from the idea that, according to the Paris Convention, the legal entities assumed to be involved in such actions are states and weapons. National and international agreements and laws about the liability of the operator of nuclear facility for damage to third parties as a result of terrorist actions are analyzed and discussed. (orig.)

  13. Estimating Absolute Site Effects

    Malagnini, L; Mayeda, K M; Akinci, A; Bragato, P L

    2004-07-15

    The authors use previously determined direct-wave attenuation functions as well as stable, coda-derived source excitation spectra to isolate the absolute S-wave site effect for the horizontal and vertical components of weak ground motion. They used selected stations in the seismic network of the eastern Alps, and find the following: (1) all ''hard rock'' sites exhibited deamplification phenomena due to absorption at frequencies ranging between 0.5 and 12 Hz (the available bandwidth), on both the horizontal and vertical components; (2) ''hard rock'' site transfer functions showed large variability at high-frequency; (3) vertical-motion site transfer functions show strong frequency-dependence, and (4) H/V spectral ratios do not reproduce the characteristics of the true horizontal site transfer functions; (5) traditional, relative site terms obtained by using reference ''rock sites'' can be misleading in inferring the behaviors of true site transfer functions, since most rock sites have non-flat responses due to shallow heterogeneities resulting from varying degrees of weathering. They also use their stable source spectra to estimate total radiated seismic energy and compare against previous results. they find that the earthquakes in this region exhibit non-constant dynamic stress drop scaling which gives further support for a fundamental difference in rupture dynamics between small and large earthquakes. To correct the vertical and horizontal S-wave spectra for attenuation, they used detailed regional attenuation functions derived by Malagnini et al. (2002) who determined frequency-dependent geometrical spreading and Q for the region. These corrections account for the gross path effects (i.e., all distance-dependent effects), although the source and site effects are still present in the distance-corrected spectra. The main goal of this study is to isolate the absolute site effect (as a function of frequency

  14. Be Resolute about Absolute Value

    Kidd, Margaret L.

    2007-01-01

    This article explores how conceptualization of absolute value can start long before it is introduced. The manner in which absolute value is introduced to students in middle school has far-reaching consequences for their future mathematical understanding. It begins to lay the foundation for students' understanding of algebra, which can change…

  15. Improvement of nuclear third party liability system

    A special regime for nuclear third party liability is necessary since the ordinary common law is not well suited to deal with the particular problems in the field of nuclear industry. The basic principles of this regime is i) strict liability (other than traditional fault liability), ii) channelling and the exclusive liability of operator, iii) compulsory financial security, iv) limits on liability in amount and in time v) intervention by the state, etc. In Korea, a revision was made to the Nuclear Damage Compensation Act on 16th January, 2001. The revision aimed at the reflection of the spirit of the new Vienna Convention on Nuclear Liability (1997) such as i) limit of liability to an amount of 300mil SDR, ii) increase of the level of financial protection (in the presidential decree, the 'Phasing-In' system would be introduced), iii) Extension of the definition 'nuclear damage', iv) extension of the scope of application to EEZ, v) deletion of 'natural calamity' from the causes of immunity, vi) extension of prescription period for personal injury to a length of 30 year

  16. Cleanup liability and the Constitution

    It was observed in the July 1992 issue of this Journal that a plain reading of the Constitution's prohibition on open-quotes ex post factoclose quotes suggests that some environmental statutes such as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) and the Resource Conservation and Recovery Act of 1976 (RCRA) conflict with Constitutional principles. Like many Constitutional principles, however, the Supreme Court's interpretation of the Constitution's bar on ex post facto laws has a long history. The Court has consistently interpreted this clause as limited to criminal or penal statutes. This article discusses the history of the ex post facto clause, the retroactive application of CERCLA and RCRA, the decision that retroactive application of CERCLA and RCRA does not violate the ex post facto clause, and laws, regulations, and guidance. 27 refs

  17. Reform of civil nuclear liability

    In taking the initiative to organize this Symposium, the objectives of the OECD Nuclear Energy Agency were threefold. First to evaluate the work which concluded in 1997 with the amendment of the Vienna Convention and the adoption of the Convention on Supplementary Compensation for Nuclear Damage, at the outset of the current negotiations on the revision of the Paris Convention; furthermore to examine the evolution of national legislation on third party liability in Eastern Europe and in various other countries which have not yet adhered to the international conventions; and finally to serve as a forum to bring together governmental experts, representatives of the nuclear industry, insurers and academics, with a view to comparing their opinions. (author)

  18. 29 CFR 4219.11 - Withdrawal liability upon mass withdrawal.

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Withdrawal liability upon mass withdrawal. 4219.11 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.11 Withdrawal liability upon mass withdrawal. (a) Initial withdrawal liability. The plan sponsor of a multiemployer plan that experiences a...

  19. A Study of Liabilities Scale in Telecommunication Enterprises

    2000-01-01

    The paper analyzes the benefit and risk of liabilities operation in telecom enterprises and the advantages of internal and external conditions in liabilities operation. The quantitative model of liabilities scale is studied by analyzing the factors that act on the liabilities scale.

  20. 26 CFR 1.1001-2 - Discharge of liabilities.

    2010-04-01

    ... recourse liability does not include amounts that are (or would be if realized and recognized) income from...) Liability incurred on acquisition. In the case of a liability incurred by reason of the acquisition of the property, this section does not apply to the extent that such liability was not taken into account...

  1. The Russian approach to nuclear liability

    This paper gives a view of the challenges of nuclear liability in the specific context of the Russian Federation's legal system. Starting from the Chernobyl disaster and the benefits of nuclear energy, a detailed examination of the development of both internal law and international law regulating nuclear liability matters in Russia is given. Special attention is paid to the regimes established by bilateral treaties, the system of government bodies responsible for nuclear energy affairs, and the consequences of the 1963 Vienna Convention's entry into force for Russia. The value of Russian experience in finding the resolution of global nuclear liability issues is discussed. (author)

  2. Liability in the transport of radioactive materials

    This paper considers the application of the IAEA-sponsored 1963 Vienna Convention on Civil Liability for Nuclear Damage to the maritime transport of radioactive materials. The paper refers also to the regime for civil liability created by other Conventions, including the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy, concluded under the auspices of the OECD and the Convention on Supplementary Compensation for Nuclear Damage, also an IAEA sponsored Convention. The paper will primarily focus on the Vienna Convention. (author)

  3. On and Off the Liability Bandwagon: Explaining State Adoptions of Strict Liability in Hazardous Waste Programs

    Austin, David; Alberini, Anna

    1997-01-01

    We analyze factors in states' decisions to switch their approaches to hazardous waste liability policy from negligence standards to policies based on strict liability. Many, but not all, states have switched in recent years. We explain differences in the timing of states' adoption of strict liability into their "mini-superfund" programs using data on states' industrial activities, environmental programs, wealth and education, and political orientation. We test implications of a theoretical mo...

  4. Nuclear materials transport: liability and insurance

    Regulations concerning civil and contractual liability for nuclear materials transport are reviewed, and damage repairs are provided by the insurance. Organization, guarantees for nuclear transport and operation of the nuclear insurance market are examined

  5. [Professional liability of veterinary practitioners (author's transl)].

    Wouda, L H

    1981-01-01

    There are two spheres of professional liability of veterinary practitioners, in which claims can be made on these practitioners in their quality of insured. These are their liability for services and their liability for products. In both fields the issue is one of the care with which veterinary drugs and vaccines are used in an animal or group of animals respectively. As data on the subject are virtually absent in the literature, experience will have to provide the basis. In jurisdiction in the Netherlands, recourse is frequently had to Section 1401 of the Civil Code where services are concerned. Liability for products is marked by a line adopted by the Council of Ministers of the European Economic Community. It can be concluded that improvement of uniformity in the field in question may be achieved by lengthy discussion. In assessing claims for damages, however, each case will have to be judged on its own merits. PMID:7466764

  6. Limited liability and the public's health.

    Rutkow, Lainie; Teret, Stephen P

    2007-01-01

    Corporations, through their products and behaviors, exert a strong effect on the well-being of populations. Industries including firearms, motor vehicles, tobacco, and alcohol produce and market products negatively impact public health. All of these industries are composed of corporations, which are legal fictions designed to provide limited exposure to liability, through a variety of mechanisms, for their investors and directors. This means that when actions are taken on behalf of a corporate entity, the individuals responsible generally will not face personal liability for the negative results of those actions. To illustrate this point, this article considers corporate products or practices that have caused harm in varied settings, and analyzes the role that limited liability played in these cases. In addition, the article identifies ways to modify or eliminate some of the principles and practices that accompany limited liability. PMID:18076511

  7. Should nuclear liability limits be removed. Yes

    Arguing in favor of unlimited liability in the event of a nuclear accident, the author cites a mathematical probability of a core meltdown in the US as 45% during the next 20 years. The liability insurance carried by the nuclear industry is less than for large hotels and industrial parks, and is only a small fraction of the potential costs of damage and compensation. If nuclear technology is safe, limits are not needed. If liability is limited, it removes the incentive to improve safety and sends inaccurate price signals to utilities choosing among competing technologies. There is also the ethical aspect of shifting liability costs from ratepayers and stockholders to accident victims and general taxpayers. There are other ways to finance nuclear risks, such as a sinking fund, the removal of the nuclear exclusion in property insurance policies, and annual retrospective assessments per reactors

  8. Contaminated land liability issues: legal perspective

    Until recently, companies that contaminated land faced little prospect of being prosecuted or having claims made against them for any personal injuries or property damage arising from the contamination. Most companies would have considered it to be inconceivable that they could be required to clean up contamination resulting from an historic disposal, particularly if the disposal had been neither negligent nor unlawful. Current environmental law differs significantly, however, from the law which existed even 10 years ago. This paper examines liabilities arising from contaminated land. First, it discusses the new contaminated land regime and a parallel regime to remediate sites that are contaminated with radioactive substances. Second, it discusses remediation liabilities for water pollution. Such liabilities may well involve the remediation of contaminated land when groundwater is polluted. Finally, the paper examines liabilities for property damage and personal injuries arising from contamination by radioactive substances. (author)

  9. Comprehensive Environmental Response, Compensation and Liability Act

    National Oceanic and Atmospheric Administration, Department of Commerce — The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, provides a federal "superfund" to clean up...

  10. Progress towards a global nuclear liability regime

    During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

  11. ROE Absolute Sea Level Changes

    U.S. Environmental Protection Agency — This raster dataset represents changes in absolute sea level along U.S. coasts from 1993 to 2014. Data were provided by the University of Colorado at Boulder (2015)...

  12. Evidence in Liability Law - an introduction

    Vandenbussche, Wannes

    2015-01-01

    The main goal of this introduction is to highlight some characteristics regarding the administration of evidence in liability law, which are common in some European legal systems. First, I will focus on the proof of basic constituents in fault liability claim. Second, I was not able to analyze all European legal systems, so I will limit this presentation to five legal systems (Belgium, Netherlands, Germany, France, and Switzerland).

  13. Technological change, accident prevention and civil liability

    Silva Ferreira, Flávio Henrique

    2012-01-01

    The improvement of accident prevention technology in many fields of social life has spurred new challenges to the doctrinal tools of fault and strict based civil liability in the law of torts. Amid these challenges lies the identification of the proper scope of the respective criteria of liability in a changing factual environment, their suitability as doctrinal tools, as well as their actual application to concrete cases given the amount of information which would be needed to render adequat...

  14. New Trends in European Nuclear Liability Law

    This paper analyses recent developments in nuclear liability legislation in Europe. The first part deals with the planned revision of the Paris Convention and the Brussels Supplementary Convention; the second part focuses on the reforms envisaged in the field in Switzerland and in the Federal Republic of Germany, in particular concerning unlimited liability. Finally, the author concludes that national reform plans and work at international level are not opposed, but supplementary activities. (NEA)

  15. Product Liability Issues in Real Estate Brokerage

    Thomas Potter; Theron R. Nelson; Susan Logan Nelson

    1991-01-01

    The legal environment for real estate brokers is moving inexorably toward the doctrine of strict liability in a product liability context. The agency relationship model currently popular in real estate brokerage may not be able to withstand this threat. A recommendation is made that the industry move toward a market-making role which lies outside the chain of distribution of the real estate product. By moving out of the distribution channel, brokers may be able to revert to a "due care" stand...

  16. Nuclear liability, nuclear safety, and economic efficiency

    This dissertation applies the methods of economic analysis to nuclear liability and Price-Anderson. First the legislative history is reviewed; in that history the economic role of liability in affecting safety and allocating risk was virtually ignored. Succeeding chapters reformulate issues from the policy debate and subject them to economic analysis. A persistent issue is whether nuclear utilities respond to their limited liability by allowing a higher probability of serious accident. Comparative-static analysis shows that limited liability does lead to a higher chance of accidents, though the effect may be small. The analysis also shows that safety is achieved in a more capital-intensive manner than is cost-minimizing and that limited liability causes reactor owners to favor more heavily populated sites for plants. Therefore, the siting decision makes potential loss greater even if there is no change in the probability of an accident. Citizens' preferences on nuclear liability are examined next, starting with the nature of coverage that would be just in the sense of contraction theories such as John Rawls' Theory of Justice. Citizens behind Rawls' veil of ignorance, forced to be fair because of their ignorance of whether they will be harmed, unanimously choose a high level of coverage. The just level of coverage is greater than the existing $560 million. Second, the nature of economically efficient liability coverage is determined and contrasted with coverage that would emerge from a democratic system of public choice. Population and expected damage profiles indicate that majorities could easily be formed among groups of citizens expecting to suffer little of the damage of a nuclear accident. Thus, majority voting on liability arrangements is likely to produce an inefficiently low level of coverage

  17. Discounting Pension Liabilities: Funding versus Value

    Jeffrey R. Brown; George G. Pennacchi

    2015-01-01

    We argue that the appropriate discount rate for pension liabilities depends on the objective. In particular, if the objective is to measure pension under- or over- funding, a default-free discount rate should always be used, even if the liabilities are themselves not default-free. If, instead, the objective is to determine the market value of pension benefits, then it is appropriate that discount rates incorporate default risk. We also discuss the choice of a default-free discount rate. Final...

  18. PRESCRIBED FIRE: LIABILITY, REGULATION, AND ENDOGENOUS RISK

    Jonathan K. Yoder

    2002-01-01

    This paper compares the incentive effects of strict liability and negligence rules when timing of activity affects environmental risk. The model is developed in the context of prescribed fire as a land management input, with an extension to the related problem of wildfire risk mitigation through vegetation management. The use of prescribed fire for land management and wildfire risk control is increasing in parts of the United States, and related liability and regulatory law is changing with it.

  19. BNFL nuclear decommissioning liabilities management program

    The objective of this paper is to describe BNFL's policy and strategy for decommissioning and also to summarize the overall scope of nuclear liabilities in the wider field of waste retrieval and storage, as well as the dismantling and demolition aspects of decommissioning. BNFL's recently established organisational arrangements for discharging all types of these liabilities are explained, together with a review of practical progress in dealing with them. Organisational changes in recent years have amalgamated decommissioning work with operations covering waste storage and retrieval operations. A strategy of minimising residual activity in shutdown plants is pursued, followed by dismantling and demolition on appropriate time scales to minimise risk and cost. Since April 1995, a new BNFL subsidiary, Nuclear Liabilities Management Company Limited has taken responsibility for discharge of BNFL's Waste Retrieval and Decommissioning liabilities on all BNFL sites. NLM has the objectives of optimal and lowest cost management of liabilities and much clearer segregation of physical operations from project specification and planning. The Ministry of Defense (MoD) policy, strategy, work programmes and progress for the Atomic Weapons Establishment (AWE) are also outlined. MoD/AEA has established an equivalent strategy for dealing with its liabilities. (J.S.). 5 refs., 2 figs., 4 appends

  20. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  1. Management of waste and liabilities

    The department Management of Waste and Technical Liabilities is entrusted with the management of the decommissioning activities of SCK-CEN's own installations, the back-end of nuclear material and the waste. SCK-CEN launched its technical liabilities and waste management program in 1989. The main decommissioning activities at SCK-CEN are focused on the BR3 reactor. The BR3 decommissioning project started with a Full System Decontamination of the primary loop and of the associated circuits followed by the dismantling of the internals and the reactor vessel. The dismantling of auxiliary components is almost completed. During this phase of the project particular attention was paid to the waste minimization by using decontamination technologies and recycling techniques. The decontamination of parts of the infrastructure is now going on. In the past, 4 laboratory buildings of SCK-CEN were fully cleaned before they were transferred for unrestricted reuse to a non nuclear institute. Other decommissioning activities are also continuously carried out in other SCK-CEN facilities. These activities mainly concern old equipment and experiments which have to be decommissioned to make room for new research and development projects. The management of spent fuel and nuclear material is also part of this program. It mainly concerns the back end of BR2 HEU (Highly Enriched Uranium) spent fuel of the BR3 LEU (Low Enriched Uranium) and MOX (Mixed Oxide) spent fuel. In 1994, an urgent relief of 240 HEU elements was decided due to saturation of the on-site storage capacity. They were reprocessed at the UKAEA-Dounreay facility (UK). The recovery of U allowed fabricating fuel elements at 72 percent U5. The reprocessing of these spent fuel elements leads after cementation of the liquor to a production of cemented 500 liter drums belonging to the MLW (Medium Level Waste) category. At the end of 1996, it was decided to opt for a long term commitment with AREVA NC (former COGEMA La Hague

  2. Insurance Cover for Revised Nuclear Liability

    The financial security to be provided to victims of an incident at a nuclear installation is the main objective of international nuclear liability conventions. As from the introduction of the Paris Convention on Third Party Liability in the Field of Nuclear Energy in 1960 and the Vienna Convention on Liability for Nuclear Damage in 1963 insurers have been prepared to provide the financial capacity needed to cover the liability under both conventions. They did so in close co-operation with the competent national and international authorities, which has resulted in the insurability of as much of the nuclear liability under the conventions as possible. This tradition of co-operation between authorities and insurers was extended to include the revision negotiations regarding the above conventions, which were concluded in 1997 and 2004 respectively. This has resulted in the insurability of by far the largest part of the convention based liability. However, some heads of damage have been introduced about which insurers had expressed concerns as to their likelihood to attract insurance support. In view of the explicit choice by Convention States to include the uninsurable heads of damage into the revised conventions one would expect that liability for them would fall upon national Governments. This would reflect practice in a number of States, which already assume liability for uninsurable mandatory liabilities for a long time. Nonetheless some other States now seem reluctant to do so, the resulting deadlock having a tendency to manifest itself in a negative perception of the insurance industry. Insurers are therefore appreciative of the forum provided by the CNS to once again explain the areas where problems as regards insurability have arisen and why this is the case. This presentation will show that those areas are few in number and notably relate to a limited number of environmental damages as well as the extension of prescription periods. Furthermore, thoughts will

  3. Transfrontier nuclear civil liability without international conventions

    Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

  4. MINISTERIAL LIABILITY IN THE ROMANIAN CONSTITUTIONAL SYSTEM

    NICOLAE PAVEL

    2013-05-01

    Full Text Available What seems relevant to us for highlighting in this study is the approach of the ministerial liability within the Romanian constitutional and legal system starting with the first document of constitutional value, namely the Developing Statute of the Paris Convention of 1858 until today, that is the Constitution of Romania, revised in 2003 and republished. Having in view that this is a generous study topic covering over 150 years of constitutional and legal evolution of ministerial liability in Romania, it is necessary to specify from the very beginning the need of a diachronic approach of this topic by identifying all Romanian Constitutions that have regulated the constitutional system during this period of time. Moreover, we have to specify that, during this period of time, Romania has experienced several forms of governance, namely monarchy, people’s republic, socialist republic and semi-presidential republic. With this approach, the proposed study opens a complex and complete yet not exhaustive vision in the current scope of the ministerial liability. It is also the reason why the study begins with preliminary considerations in which the terminology used in the content of the study is justified. Following a key-scheme, there are successively examined the two major parts of the study, namely the general theory regarding the concepts of ministerial responsibility and liability and the Romanian constitutional, legal and doctrinaire milestones of the ministerial liability.

  5. Future financial liabilities of nuclear activities

    This report deals with future financial liabilities arising from nuclear activities, in particular electricity generation. Future financial liabilities are defined as costs which an organisation or company is expected to meet beyond some five years as a consequence of its current and past activities. The study provides a comprehensive picture on policies for recognizing and funding future financial liabilities arising from nuclear activities and their implementation schemes in Nea Member countries. Mechanisms for reporting and funding future financial liabilities are described, analysed and compared. The report offers some findings, conclusions and recommendations for consideration by Member countries. The nuclear activities considered in the report include nuclear research and development, nuclear industry sectors such as uranium mining and milling, conversion and enrichment, nuclear fuel fabrication, nuclear power plant operation and maintenance, and radioisotopes production. Future financial liabilities arising from these activities cover management and disposal of radioactive wastes, reprocessing of spent fuels when applicable and decommissioning of facilities at the end of their life time. 12 refs., 14 figs., 16 tabs

  6. The safety-incentive theory of liability

    The use of liability law to improve incentives for safety is supported by certain recent theoretical results. The main ideas and the key argumants are summarized. Basic weaknesses of the theory are discussed, namely: (1) the simple model of Calabresi does not generalize; (2) the more complex systems of J.P. Brown, P. Diamond, and J. Green require that courts possess a great deal of information and use it to set appropriate standards of due care; (3) in practice safety incentives also depend upon fear of criminal penalties and the sense of social responsibility. The questions whether and when liability rules can significantly affect incentives are addressed. It is concluded that the theory in its present state can hardly serve as a basis for altering liability rules

  7. Allocating environmental liabilities within a facilities agreement

    Some environmental issues at jointly owned oil and gas facilities in Alberta are examined, including ways to allocate liability for those issues among the facility's owners, and between the facility's owners and custom users. Causes of environmental contamination, the scope of clean-up costs and some industry initiatives to sort out the question of who pays the environmental costs are also discussed. Some aspects of the legislation in Alberta imposing environmental liabilities on parties to a construction, ownership and operation (CO and O) agreement, and relevant provisions of the Petroleum Joint Venture Association (PJVA)'s Model Operating Procedure are also explained. The author concludes by regretting the industry's failure to develop adequate mechanisms to allocate the costs of environmental damage resulting from operations, and by recommending that agreements pertaining to joint ownership of a facility should address the issues involved in allocating environmental liabilities

  8. Absolute transition probabilities of phosphorus.

    Miller, M. H.; Roig, R. A.; Bengtson, R. D.

    1971-01-01

    Use of a gas-driven shock tube to measure the absolute strengths of 21 P I lines and 126 P II lines (from 3300 to 6900 A). Accuracy for prominent, isolated neutral and ionic lines is estimated to be 28 to 40% and 18 to 30%, respectively. The data and the corresponding theoretical predictions are examined for conformity with the sum rules.-

  9. Process liability evaluation for EUVL

    Aoyama, Hajime; Tawarayama, Kazuo; Tanaka, Yuusuke; Kawamura, Daisuke; Arisawa, Yukiyasu; Uno, Taiga; Kamo, Takashi; Tanaka, Toshihiko; Itani, Toshiro; Tanaka, Hiroyuki; Nakajima, Yumi; Inanami, Ryoichi; Takai, Kosuke; Murano, Koji; Koshiba, Takeshi; Hashimoto, Kohji; Mori, Ichiro

    2009-03-01

    This paper concerns the readiness of extreme ultraviolet lithography (EUVL) for high-volume manufacture based on accelerated development in critical areas and the construction of a process liability (PL) test site that integrates results in these areas. The overall lithography performance was determined from the performance of the exposure tool, the printability obtainable with the resist, mask fabrication with accurate critical dimension (CD) control, and correction technology for mask data preparation. The EUV1 exposure tool can carry out exposure over the full field (26 mm × 33 mm) at a resolution high enough for 32-nm line-and-space patterns when Selete Standard Resist 3 (SSR3) is used. Thus, the test site was designed for the full-field exposure of various pattern sizes [half-pitch (hp) 32-50 nm]. The CD variation of the mask was found to be as good as 2.8 nm (3σ) and only one printable defect was detected. The effect of flare on CD variation is a critical issue in EUVL; so flare was compensated for based on the point spread function for the projection optics of the EUV1 and aerial simulations that took resist blur into account. The accuracy obtained when an electronic design automation (EDA) tool was used for mask resizing was found to be very good (error <= +/-2 nm). Metal wiring patterns with a size of hp 32 nm were successfully formed by wafer processing. The production readiness of EUVL based on the integration of results in these areas was evaluated by electrical tests on low-resistance tungsten wiring. The yield for the electrically open test for hp 50 nm (32-nm logic node) and hp 40 nm (22-nm logic node) were found to be over 60% and around 50%, respectively; and the yield tended to decrease as patterns became smaller. We found the PL test site to be very useful for determining where further improvements need to be made and for evaluating the production readiness of EUVL.

  10. The question of exclusive liability - Austria's response

    This presentation examines the Austrian approach to the international nuclear third party liability regime, particularly in light of the recent adoption of comprehensive national legislation reviewing the principles which underlie that regime. The author outlines the historical circumstances leading to the turning point in Austrian nuclear policy on 5 November 1978, when the Austrian electorate rejected the nuclear power option by a very slim majority. He notes that the 1964 Law on Nuclear Third Party Liability was adopted at a time when the legislator's prevailing objective was to promote nuclear energy, and that its outmoded concepts were subject to criticism in the 1990's. The author, having set out the reasons behind the adoption of the new legislation in 1999, presents its main features, including in particular those which run counter to certain well established principles set out in the Paris, Brussels and Vienna Conventions. These include the principle of the exclusive liability of the operator and the jurisdiction of the courts of the State in which the nuclear incident occurs. He explains that Austria wished to retract those privileges previously granted to constructors and suppliers, due to their complete exemption from liability in respect of goods delivered and services rendered. The author concludes by highlighting Austria's intention to closely follow and participate in negotiations and developments in the international nuclear third party liability regime, with a view to substantially increasing liability amounts available. He notes that Austria's participation in the Protocol to Amend the Vienna Convention or the Convention on Supplementary Compensation depends on their eventual entry into force and ratification by nuclear states, while confirming that Austria would be prepared to reconsider its non participation in the Paris and Brussels regime if substantial developments were made during the revision of these Conventions. (author)

  11. Analysis of your professional liability insurance policy.

    SADUSK, J F; HASSARD, H; WATERSON, R

    1958-01-01

    The most important lessons for the physician to learn in regard to his professional liability insurance coverage are the following:1. The physician should carefully read his professional liability policy and should secure the educated aid of his attorney and his insurance broker, if they are conversant with this field.2. He should particularly read the definition of coverage and carefully survey the exclusion clauses which may deny him coverage under certain circumstances.3. If the physician is in partnership or in a group, he should be certain that he has contingent partnership coverage.4. The physician should accept coverage only from an insurance carrier of sufficient size and stability that he can be sure his coverage will be guaranteed for "latent liability" claims as the years go along-certainly for his lifetime.5. The insurance carrier offering the professional liability policy should be prepared to offer coverages up to at least $100,000/$300,000.6. The physician should be assured that the insurance carrier has claims-handling personnel and legal counsel who are experienced and expert in the professional liability field and who are locally available for service.7. The physician is best protected by a local or state group program, next best by a national group program, and last, by individual coverage.8. The physician should look with suspicion on a cancellation clause in which his policy may be summarily cancelled on brief notice.9. The physician should not buy professional liability insurance on the basis of price alone; adequacy of coverage and service and a good insurance company for his protection should be the deciding factors. PMID:13489519

  12. On the optimal environmental liability limit for marine oil transport

    Recent changes in the US liability regime for oil pollution damage have intensified a policy debate about environmental liability limits. Economic theory suggests that some type of limit may be needed under certain conditions, and that such a limit should be set so that the marginal social benefit and cost are equal. However, it is unclear how a liability limit may be determined specifically for tanker shipping in US waters. We first examine conditions under which corner solutions (no liability or unlimited liability) are desirable. We then formulate a model to determine a socially optimal liability limit for oil pollution damage in US waters when a non-zero, finite liability limit is desirable. The model captures the tradeoff between less expensive energy supply and more stringent protection of the marine environment. Numerical simulations illustrate the properties of the model and major factors affecting the public policy decision regarding a liability limit. (author)

  13. Search Engine Liability for Copyright Infringement

    Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.

    The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.

  14. DISCIPLINAIRIE LIABILITIES OF THE EUROPEAN PUBLIC SERVANTS

    Mihaela Tofan

    2009-09-01

    Full Text Available Work discipline is essential for the proper conduct of business within an organization with implications for productivity and efficiency. Disciplinary liability arises as a direct result of breach of service obligations and rules of behaviour. At EU level, disciplinary responsibility of community public servant is governed by the provisions of the Statute of the European Community published in the Official Journal of the European Community no. L 56 March 4, 1968 and amended on numerous occasions. This paper proposes an analysis of concrete conditions which require disciplinary liability of the European public servant, disciplinary sanctions and procedures for implementing them.

  15. Looking at nuclear liability and insurance in Russia

    A recent seminar in Moscow has addressed the issue of nuclear liability and insurance in the Russian nuclear industry since the breakup of the Soviet Union. The potential benefits of joining the international liability regime and adopting comprehensive nuclear liability legislation were discussed. The need to establish appropriate nuclear insurance structures and provide indemnity to cover the liability were also debated. Whether these changes can be put into action or not is less certain than the need for them. (UK)

  16. The Liability of banks in electronic fund transfer transaction

    Algudah, Fayyad

    1993-01-01

    The liability of banks in electronic fund transfer (EFT) transactions is discussed in this thesis under the British and the United States law. The thesis covers banks’ liability in electronic credit and debit transfers. It covers banks’ liability in Electronic Fund Transfer at the Point Of Sale (EFTPOS), Automatic Teller Machines (ATM) and home and office banking. Liability of banks in credit card transactions and cheque truncation falls outside the scope of this thesis. In ...

  17. Remediation of old environmental liabilities at Nuclear Research Institute Rez

    Nuclear Research Institute's environmental liabilities include decommissioning of old obsolete facilities and radioactive waste accumulated from operation and dismantling of nuclear facilities. Remediation of the environmental liabilities started in 2003 and will be finished in 2014. The major items of environmental liabilities are described and information is presented about the history, current state, progress, and future activities in the field of remediation of environmental liabilities in Nuclear Research Institute. (orig.)

  18. The advent of corporate limited liability in Prussia 1843

    Ilgmann, Cordelius

    2011-01-01

    Corporate limited liability has a long and contentious history, stretching back to the mid-19th century and beyond. Initially being hailed as one of the decisive legal invention of our age, recently scholars have highlighted the negative effects of curtailing liability. This in turn has inspired research in the historical origins of liability. While the debate on the adoption of limited liability for joint stock companies in Britain and the United States in the 19th century is comparatively w...

  19. The modernization of the international nuclear third party liability regime - does exclusive liability still make sense?

    In order to create a perspective for the presentation, it might be useful to recall the general aims and purposes of the existing system for exclusive liability in the international nuclear liability regime. As is well-known, the compensation system is based on two conventions (The Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963). The norms in these Conventions define the level at which the compensation system for nuclear accidents is based. The international co-operation which resulted in the conventions was inspired by the aim to construct a system which awards a fair and sufficient compensation for the victims of a nuclear accident. Secondly, the aim was to promote the peaceful use of nuclear energy. The purpose was also to harmonize regulations concerning nuclear energy. The preparatory works for these conventions demand a general goal to balance the interests of the potential victims of a nuclear accident and the interest of society to promote the peaceful use of nuclear energy. National legislation on nuclear third party liability is based on these conventions. There are four basic principles which guide the normative framework of these conventions. The liability of the operator of a nuclear installation is not based on fault but is strictly based on its nature. Secondly, the liability is restricted to a certain sum per accident. Thirdly, the liability of the operator ought to be covered by insurance or state guarantee. Fourthly, the liability is channeled exclusively to the operator of a nuclear plant, meaning that there are no other persons to be held liable for a possible nuclear accident. Any new orientation on third party liability for nuclear damages should be within the context of existing regulations in the field. Exceptions from established international principles in the area of nuclear liability should be openly discussed and their consequences

  20. 48 CFR 3052.217-95 - Liability and insurance (USCG).

    2010-10-01

    ... CONTRACT CLAUSES Text of Provisions and Clauses 3052.217-95 Liability and insurance (USCG). As prescribed in USCG guidance at (HSAR) 48 CFR 3017.9000(a) and (b), insert the following clause: Liability and... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Liability and...

  1. 26 CFR 50.5 - Liability for the tax.

    2010-04-01

    ... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during...

  2. New Swiss legislation on nuclear third party liability

    Following a description of the Paris Convention and Brussels Supplementary Convention system for nuclear third party liability and that prevailing until now in Switzerland, the paper reviews the new Swiss nuclear third party liability Bill prepared after a popular consultation. The new provisions are analysed and in particular, that providing for unlimited liability. (NEA)

  3. 16 CFR 240.13 - Customer's and third party liability.

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Customer's and third party liability. 240.13... ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.13 Customer's and third party liability. (a) Customer's liability: Sections 2 (d) and (e) apply to sellers and not to customers....

  4. 48 CFR 1452.228-70 - Liability Insurance.

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Liability Insurance. 1452... Insurance. As prescribed in 1428.301, insert the following clause: Liability Insurance—Department of the... extension thereof liability insurance in form satisfactory to the Contracting Officer by an...

  5. Focus on the future of nuclear liability law

    The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

  6. Current status and key issues of nuclear liability regime

    Nuclear liability regime has been established from the beginning of the nuclear power industry. The first nuclear accident with major transboundary consequences occurred at Chernobyl, and led to reexamination of the nuclear liability regime. Current status and key issues of the national and international nuclear liability regime are reviewed. (author)

  7. 47 CFR 32.25 - Unusual items and contingent liabilities.

    2010-10-01

    ... 47 Telecommunication 2 2010-10-01 2010-10-01 false Unusual items and contingent liabilities. 32.25 Section 32.25 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES... contingent liabilities. Extraordinary items, prior period adjustments, and contingent liabilities may...

  8. 7 CFR 1770.25 - Unusual items and contingent liabilities.

    2010-01-01

    ... 7 Agriculture 12 2010-01-01 2010-01-01 false Unusual items and contingent liabilities. 1770.25... BORROWERS Uniform System of Accounts § 1770.25 Unusual items and contingent liabilities. Extraordinary items, prior period adjustments and contingent liabilities shall be submitted to RUS for review before...

  9. 26 CFR 1.461-2 - Contested liabilities.

    2010-04-01

    ... an accrual method of accounting, in 1964 contests a $100 asserted liability. In 1967 the contested...) Taxable year of deduction. If— (i) The taxpayer contests an asserted liability, (ii) The taxpayer transfers money or other property to provide for the satisfaction of the asserted liability, (iii)...

  10. Sexual Harassment at Camp: Reducing Liability.

    Oakleaf, Linda; Grube, Angela Johnson

    2003-01-01

    Employers are responsible for sexual harassment perpetrated by a supervisor. Camps may be responsible for sexual harassment between campers. Steps to reduce liability include providing multiple channels for reporting sexual harassment; having written policies prohibiting sexual harassment and procedures for reporting it; posting these policies and…

  11. Institutional Liability for Student Activities and Organizations.

    Richmond, Douglas R.

    1990-01-01

    Examines higher education institutional liability in the following areas: (1) in tort, based on negligence, for physical harm to students; (2) in tort, for defamation flowing from student media; and (3) in contract, arising out of student organizations' business relationships with third parties. (222 references) (MLF)

  12. A Danish Twin Study of Schizophrenia Liability

    Kläning, Ulla; Trumbetta, Susan L; Gottesman, Irving I;

    2016-01-01

    whether variance in schizophrenia liability attributable to environmental factors may have decreased with successive cohorts exposed to improvements in public health. ICD-10 diagnoses were determined by clinical interview. Although the best-fitting, most parsimonious biometric model of schizophrenia...... in prenatal and perinatal care and with a secular decline in the prevalence of schizophrenia in that region....

  13. New developments in international nuclear liability law

    The IAEA Bord of Governors at its session in February 1990 entrusted its Standing Committee on Nuclear Liability under a new mandate with the preparatory work for the revision of the Vienna Convention. This Standing Committee has so far helt three sessions. The following four main items appeared on its agenda: 1. proposals for the revision of the Vienna Convention; 2. the question of supplementary funding for compensation of nuclear damage under the revised Vienna Convention; 3. procedure for the settlement of claims for nuclear damage under the revised Vienna Convention; and 4. International State liability for nuclear damage and its relationship to the international civil liability regime. A brief description is provided of these initiatives to improve the existing international nuclear liability regime. Also progress made with regard to each of them is reported. Because of the different legal character of these initiatives, belonging to international civil, international state law and sometimes a mixture, there is a serious risk that the new developments will not be formalized as soon as hoped for. (orig.)

  14. The EU Commission initiative of nuclear liability

    The EU Commission has recently tackled the difficult issue of nuclear liability in the EU. A public consultation on this topic, via an online questionnaire, has just been closed. The next step would normally be for the Commission to launch a draft piece of legislation. But the situation is complicated, and the Commission may have opened Pandora's box when they decided to deal with nuclear liability. The 'patchwork' of different international conventions and national legislations in force within the EU is on the one hand a very good reason to launch an EU initiative with the aim of harmonization. At the same time, the existing situation poses numerous obstacles to any attempt of finding viable solutions. What is more, the competence of the EU to issue legislation in the field of nuclear liability is doubtful. The article describes the current situation in the EU and explains some options which might be considered by the Commission. Scope and content of any future EU legislation on nuclear liability will be defined by the extent to which the Commission succeeds in obtaining a qualified majority in the Council. In the author's opinion, it is extremely important that any EU legislation does not collide with the existing system of international conventions. Within this framework, there is sufficient room for far-reaching solutions. Some of the more realistic options would be broadly compatible with German nuclear law and their introduction on EU level should be seriously considered. (orig.)

  15. Nuclear liability act and nuclear insurance

    The Nuclear Liability Act, enacted in June 1970 and proclaimed effective October 11, 1976, is a federal law governing civil liability for nuclear damage in Canada incorporating many of the basic principles of the international conventions. Exceptions to operator liability for breach of duty imposed by the Act and duty of the operator as well as right of recourse, time limit on bringing actions, special measures for compensation and extent of territory over which the operator is liable are of particular interest. An operator must maintain $75,000,000. of insurance for each nuclear installation for which he is the operator. The Nuclear Insurance Association of Canada (NIAC) administers two ΣPoolsΣ or groups of insurance companies where each member participates for the percentage of the total limit on a net basis, one pool being for Physical Damage Insurance and the other for Liability Insurance. The Atomic Energy Control Board recommends to the Treasury Board the amount of insurance (basic) for each installation. Basic insurance required depends on the exposure and can range from $4 million for a fuel fabricator to $75 million for a power reactor. Coverage under the Operator's Policy provides for bodily injury, property damage and various other claims such as damage from certain transportation incidents as well as nuclear excursions. Workmen's Compensation will continue to be handled by the usual channels. (L.L.)

  16. Liability and damages in Japanese nuclear law

    The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP)

  17. Progress towards a global nuclear liability regime

    As the production and use of nuclear energy for peaceful purposes developed in the 1950s, a specific legal framework for third party nuclear liability was established to ensure adequate compensation for damage to persons and property resulting from a nuclear accident, but also to encourage the industry to develop nuclear technology and assume responsibility without being exposed to an uncertain and potentially ruinous liability burden. Significant attention has been understandably placed at the international and national levels on fostering strong programmes to achieve safety, security and safeguards at a high level. Notwithstanding best efforts to achieve a high level of safety, the possibility remains that accidents may occur within a nuclear installation (i.e. not only nuclear power plants but also any installation in which there are nuclear fuel, nuclear substances, radioactive products or waste) or during the transportation of nuclear substances to or from a nuclear installation. As the experience shows from the accidents that occurred at Three Mile Island (United States) in 1979, Chernobyl (former USSR) in 1986, and Fukushima Daiichi (Japan) in 2011, severe accidents can have varying and potentially far-reaching consequences affecting both people and property. In the wake of the Fukushima Daiichi nuclear power plant accident, the General Conference of the International Atomic Energy Agency (IAEA) endorsed in September 2011 an Action Plan on Nuclear Safety (“IAEA Action Plan”) to strengthen the global nuclear safety framework. The IAEA Action Plan calls upon member states “to work towards establishing a global nuclear liability regime that addresses the concerns of all states that might be affected by a nuclear accident with a view to providing appropriate compensation for nuclear damage”, and “to give due consideration to the possibility of joining the international nuclear liability instruments as a step towards achieving such a global regime

  18. A CONCEPTUAL PERSPECTIVE REGARDING PRODUCT LIABILITY

    Daniela POPESCU

    2010-01-01

    Full Text Available This study analyses a current and highly important problem because we are in front of an unrecorded growth of the production volume in parallel with its diversification. Due to the fact that the introduction in production of the new products is preceded by the subsequent execution of some manually manufactured prototypes, the products are manufactured afterwards on an industrial scale. Under these circumstances there is the possibility of small errors which affect the consumer’s behaviour towards the new products. That is why, in auditing the focus is on the careful supervision of the opinions of the consumers and especially of the shortcomings of some products indicated by consumers in order to remove these from the manufacturing line. Under these circumstances, a very tight connection is required between the producers and the consumers, and a special liability of the producers towards those products. At the same time this is also a worldwide concern for the regulation of the products responsibility which has already been adopted by some large manufacturing countries. The recent example of USA was followed by the European legislation. That is why American organisations which export to Europe have to be warned because the law of product liability has been adopted in many European countries. The insurance companies are usually paying the initial losses for the cases of product liability. The manufacturer of a product has to protect itself from the risk of being brought to trial or at least to reduce the risk to a level where he could afford a reasonable profit or a continuous growth. In order to meet this objective, we need a product liability prevention program. This study analyses the product liability prevention program and presents some of the essential common elements for such a program. Therefore, one can argue that in order to have an effective product liability prevention program, some operations are required as for example

  19. Comparison of US and other nuclear liability regimes

    Shortly after the USA enacted price-anderson Act in 1957, other countries, such as France, Germany, United Kingdom, Japan, Canada, Republic of Korea, Ukraine began adopting their own nuclear liability laws. The nuclear liability conventions are introduced: the Paris Convention on Third Party Liability in field of nuclear energy; Brussels Convention Supplementary to Paris Convention; Vienna Convention on Civil Liability for Nuclear Damage; Protocol to amend Vienna Convention and Convention on Supplementary Compensation for Nuclear Damage, adopted by IAEA. The authors indicated that a more uniform world-wide nuclear liability regime is goal of nuclear industry, most governments and IAEA

  20. Android Apps for Absolute Beginners

    Jackson, Wallace

    2011-01-01

    Anybody can start building simple apps for the Android platform, and this book will show you how! Android Apps for Absolute Beginners takes you through the process of getting your first Android applications up and running using plain English and practical examples. It cuts through the fog of jargon and mystery that surrounds Android application development, and gives you simple, step-by-step instructions to get you started.* Teaches Android application development in language anyone can understand, giving you the best possible start in Android development * Provides simple, step-by-step exampl

  1. Bias in Absolute Magnitude Determination from Parallaxes

    Feast, Michael

    2002-01-01

    Relations are given for the correction of bias when mean absolute magnitudes are derived by the method of reduced parallaxes. The bias in the case of the derivation of the absolute magnitudes of individual objects is also considered.

  2. Absolute calibration of JET ELE system

    The first Michelson channel of the JET ECE system has been calibrated absolutely using a new high temperature source. The estimated uncertainties are of order +- 20% in the absolute spectral response and +- 10% in the relative spectral shape

  3. Review of the nuclear liability act

    There has always been concern that nuclear materials have the potential to cause injury and property damage. For this reason, nuclear operators have always been required by national regulatory authorities to exercise special precautions in the operation of their facilities. Federal legislation was drafted in Canada as the Nuclear Liability Act in 1970. The Act ensures that funds are available from all operators of nuclear facilities to provide financial compensation to third parties for injuries or damages suffered as a result of a nuclear incident; at the same time the Act provides protection to the operators by limiting their related liability. The Act also protects persons other than operators. The review of the Act has progressed in stages. The first stage was conducted by the staff of the Atomic Energy Control Board and catalogued previously identified difficulties with the Act. The second stage was a preliminary examination of the Act by an Interdepartmental Working Group. 2 figs

  4. Finance, providers issue brief: insurer liability.

    Rothouse, M; Stauffer, M

    2000-05-24

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves. PMID:11073416

  5. Abuse Liability Profile of Three Substituted Tryptamines

    Gatch, Michael B.; Forster, Michael J.; Janowsky, Aaron; Eshleman, Amy J

    2011-01-01

    The abuse liability profile of three synthetic hallucinogens, N,N-diisopropyltryptamine (DIPT), 5-N,N-diethyl-5-methoxytryptamine (5-MeO-DET), and 5-methoxy-α-methyltryptamine (5-MeO-AMT), was tested in rats trained to discriminate hallucinogenic and psychostimulant compounds, including cocaine, methamphetamine, 3,4-methylenedioxymethylamphetamine (MDMA), lysergic acid diethylamide (LSD), (−)-2,5-dimethoxy-4-methylamphetamine (DOM), and dimethyltryptamine (DMT). Because abused hallucinogens a...

  6. A Bank Asset and Liability Management Model

    Kusy, M.I.; W. T. Ziemba

    1983-01-01

    The uncertainty of a bank's cash flows, cost of funds and return on investments due to inherent factors and variable economic conditions has emphasized the need for greater efficiency in the management of asset and liabilities. A primary goal is to determine an optimal tradeoff between risk, return, and liquidity. In this paper we develop a multiperiod stochastic linear programming model (ALM) that includes the essential institutional, legal, financial, and bank related policy considerations,...

  7. Office gossip: a surprising source of liability.

    Gregg, Robert E

    2003-01-01

    Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws. PMID:14596169

  8. Nuclear Reactors and Their Legal Liability Insurance

    This paper examines Regulatory Regime in Turkey has no general Nuclear Energy Act and apart from legislation to the Turkish Atomic Energy Authority, the applicable law mainly covers protection and the licensing against of nuclear installation. In Addition this paper also contains briefly the major points which have to be taken into consideration and advance in the legal liability insurance of the nuclear power plants

  9. The allocation of authority under limited liability

    Puschke, Kerstin

    2005-01-01

    Authority is modelled as the right to undertake a non-contractible decision in a joint project. We show that the allocation of authority depends on bargaining power and differences in both parties cost functions. The decision-maker is assumed to exert an externality on the other parties. Overall surplus is shared according to generalized Nash bargaining. Under limited liability, the agent with the larger cost parameter receives authority if the agents' cost parameters are very different. If t...

  10. Individual and institutional asset liability management

    Hainaut, Donatien

    2007-01-01

    One of the classical problems in finance is that of an economic unit who aims at maximizing his expected life-time utility from consumption and/or terminal wealth by an effective asset-liability management. The purpose of this thesis is to determine the optimal investment strategies , from the point of view of their economic utility, for individual and institutional investors such pension funds.

  11. Provisions accountancy for pensions and similar liabilities

    MIHAELA COSMINA PETRE

    2012-01-01

    The foundation of accountancy provisions is based on IAS 37 „Provisions, Contingent Liabilities and Contingent Assets” and on „European Accountancy Regulations” aproved by OMFP no.3055/2009. The main problems regarding the provisions normalization and reglementation by using the mentioned sources of accountancy law refer to: provisions definition and delimitation, their acknowledgement, evaluation, modification and accounting. Pension provisions refer to the amount to be paid by the entity af...

  12. AUDITOR''S PROFESSIONAL LIABILITY INSURANCE

    Dorosh, N.

    2008-01-01

    This article is devoted to positive experience insurance of auditing in different countries and how it to use in Ukraine. Insurance rates have risen considerably as a result of increasing litigation in many countries, professional liability insurance is still available for all CPAs. It is essential for a CPA firm in Ukraine to have adequate insurance protection in the event of lawsuit about performing quality audit. This article is described all the particulars of a insurance's agreement.

  13. Relative Performance Evaluation and Limited Liability

    Bhaskar, V.

    2002-01-01

    We analyze the role of relative performance evaluation when a principal has several agents, who face correlated shocks. If limited liability constraints are binding, relative performance evaluation may be of no value if the principal is restricted to symmetric contracts. However, with asymmetric contracts, where agents are induced to choose different effort levels, relative performance measures can be used in order to reduce informational rents. Relative performance evaluation is a way of red...

  14. Liability for international nuclear transport: an overview

    Many elements can bear on liability for nuclear damage during transport. For example, liability may depend upon a number of facts that may be categorized as follows: shipment, origin or destination of the shipment, deviation from the planed route, temporary storage incidental to carriage; content of shipment, type of nuclear material involved, whether its origin is civilian or defence-related; sites of accident, number and type of territories damaged (i.e. potential conventions involved), applicable territorial limits, exclusive economic zone, high seas, etc.; nature of damages, personal injury, property damage, damage to the means of carriage, indirect damage, preventive measures, environmental cleanup or retrieval at seas, res communis, transboundary damages etc.; victims involved, nationality and domiciles of victims; jurisdiction, flag (for ships) or national registration (for aircraft) of the transporting vessel, courts of one or more states may have (or assert) jurisdiction to hear claims, and may have to determine what law to apply to a particular accident; applicable law, the applicability laws and/or international nuclear liability conventions; the extent to which any applicable convention has been implemented or modified by domestic legislation, conflicts with the 1982 Law of the Sea Convention or other applicable international agreements, and finally, also written agreements between installation operators and carriers can define applicable law as well as responsibilities. Harmonizing nuclear liability protection and applying it to additional international shipments would be facilitated by more countries being in treaty relations with each other as soon as possible. Adherence to an international convention by more countries (including China, Russia, the United States, etc.) would promote the open flow of services and advanced technology, and better facilitate international transport. The conventions protect the public, harmonize legislation in the

  15. Off-Balance-Sheet Federal Liabilities

    Hamilton, James D.

    2013-01-01

    Much attention has been given to the recent growth of the U.S. federal debt. This paper examines the growth of federal liabilities that are not included in the officially reported numbers. These take the form of implicit or explicit government guarantees and commitments. The five major categories surveyed include support for housing, other loan guarantees, deposit insurance, actions taken by the Federal Reserve, and government trust funds. The total dollar value of notional off-balance-sheet ...

  16. Nuclear Liability, State of the Art

    Over fifty years ago states started to introduce legislation protecting the public against the potential magnitude and peculiarity of risks arising from the nuclear energy production. They did so trough a specific liability and compensation regime. Whether legislation was based on national initiatives or, as more frequently, related to international nuclear liability conventions, it was based on a number of principles being applied universally. Furthermore, it at the same time strived for not preventing the development of the nuclear industry because of an unbearable liability. This paper aims at explaining the broad outline of the above legislation, its development since its early years, the state of the art as regards its modernisation as well as the (alleged) problems underlying the delay in its introduction in a number of countries. When dealing with those problems it will be inevitable to touch upon a number of insurance related matters, which, as an insurer I am happy to tell, will lead me to familiar territory.(author).

  17. Legal liability of physicians in medical research.

    Sava, H; Matlow, P T; Sole, M J

    1994-04-01

    The intent of this paper is to provide an overview, in layperson's language, of the concepts in law which may be applicable to a physician who undertakes research. The paper is divided into 2 parts. Part I deals with liability issues and standards of care. It is meant to enable the physician/researcher to recognize a potential liability situation. Part II examines insurance and related issues such as the role of the Canadian Medical Protective Association (CMPA). The paper begins with a review of 2 potential categories of liability: criminal and civil tort. Next, legal issues surrounding the consent process, which form the majority of negligence claims, are dealt with. The research process is then discussed with emphasis on the Medical Research Council of Canada Guidelines on Human Experimentation. Part II covers how research projects are funded and identifies the parties from whom insurance coverage may be sought. Information is provided from the various sources offering insurance and quasi-insurance protection with special attention on the CMPA. Each source details the circumstances necessary for its particular coverage to be triggered. Other issues addressed include those arising when research is conducted outside Canada and multiple coverage. PMID:8004852

  18. Environmental liability and the independent contractor

    The provisions of the Environmental Protection and Enhancement Act (EPEA) regarding the relationship between a company and an independent contractor were reviewed. The EPEA was introduced in September 1993 and significantly altered the environmental laws in the province of Alberta. The provisions of the EPEA that apply to the petroleum industry are conservation and reclamation as well as provisions concerning release of substances, contaminated sites and penalties. Companies that pollute may be held liable for reclamation, even if the work was carried out by an independent contractor and despite the fact that the independent contractor is not an employee of the company. Under the current EPEA laws, companies may not be able to effectively shift responsibility for environmental liabilities to independent contractors even where the contractor was negligent. This paper presented suggestions regarding contractor agreements and due diligence to help minimize the risk of liability to companies. The paper also discussed the following two types of liabilities under the EPEA's harmful substances section: (1) the obligation to clean up an affected area, and (2) fines and penalties that may be imposed when an offence is committed

  19. Cosmology with negative absolute temperatures

    Vieira, J. P. P.; Byrnes, Christian T.; Lewis, Antony

    2016-08-01

    Negative absolute temperatures (NAT) are an exotic thermodynamical consequence of quantum physics which has been known since the 1950's (having been achieved in the lab on a number of occasions). Recently, the work of Braun et al. [1] has rekindled interest in negative temperatures and hinted at a possibility of using NAT systems in the lab as dark energy analogues. This paper goes one step further, looking into the cosmological consequences of the existence of a NAT component in the Universe. NAT-dominated expanding Universes experience a borderline phantom expansion (w < ‑1) with no Big Rip, and their contracting counterparts are forced to bounce after the energy density becomes sufficiently large. Both scenarios might be used to solve horizon and flatness problems analogously to standard inflation and bouncing cosmologies. We discuss the difficulties in obtaining and ending a NAT-dominated epoch, and possible ways of obtaining density perturbations with an acceptable spectrum.

  20. Cosmology with Negative Absolute Temperatures

    Vieira, J P P; Lewis, Antony

    2016-01-01

    Negative absolute temperatures (NAT) are an exotic thermodynamical consequence of quantum physics which has been known since the 1950's (having been achieved in the lab on a number of occasions). Recently, the work of Braun et al (2013) has rekindled interest in negative temperatures and hinted at a possibility of using NAT systems in the lab as dark energy analogues. This paper goes one step further, looking into the cosmological consequences of the existence of a NAT component in the Universe. NAT-dominated expanding Universes experience a borderline phantom expansion ($w<-1$) with no Big Rip, and their contracting counterparts are forced to bounce after the energy density becomes sufficiently large. Both scenarios might be used to solve horizon and flatness problems analogously to standard inflation and bouncing cosmologies. We discuss the difficulties in obtaining and ending a NAT-dominated epoch, and possible ways of obtaining density perturbations with an acceptable spectrum.

  1. Domestic issue on the liability of nuclear power plant's supplier

    This paper reviews the historical background and progress of establishment of the Nuclear Damage Compensation Act in our country, and describes the general theory relevant to the nuclear liability system. The major subjects of the general theory of this system consist of the following principles in general : a. strict liability for the part of nuclear utility ; b. channelling of liability which means the whole liability is concentrated on the utility ; c. limit of the recourse right ; d. limit of immunity ; e. enforcement of financial protection ; f. governmental indemnification. With the Chernobyl nuclear accident as a turning-point, the international society is making a new attempt at the nuclear liability system. In relation to the domestic issue on the liability of nuclear power plant's supplier, we checked lawsuit of third party and correspondent options

  2. The Influence of Product Liability on Vertical Product Differentiation

    Baumann, Florian; Friehe, Tim; Rasch, Alexander

    2015-01-01

    This paper explores the impact of product liability on vertical product differentiation when product safety is perfectly observable. In a two-stage competition, duopolistic firms are subject to strict liability and segment the market such that a low-safety product is marketed at a low price to consumers with relatively small harm levels whereas the safer product is sold at a high price to consumers with high levels of harm. Firms’ expected liability payments are critically influenced by how t...

  3. Liability for the Payment of Public School Fees

    M Carnelley

    2011-10-01

    Full Text Available The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA. The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

  4. Government financial liabilities beyond public sector net debt

    Fenella Maitland-Smith

    2009-01-01

    This article clarifies the scope of liabilities used to calculate public sector net debt before focussing on the liabilities that are not included. National accounting principles are compared with international accounting standards for governments and businesses. The current public reporting of non-public sector net debt liabilities in the UK is considered, with particular attention being paid to future spending under the private finance initiative, unfunded pension schemes, and government gu...

  5. Contingent Liabilities and Sovereign Risk: Evidence from Banking Sectors

    Serkan Arslanalp; Yin Liao

    2013-01-01

    This paper proposes a simple method to estimate contingent liabilities that arise from (implicit and explicit) government guarantees to the banking sector. This method allows us to construct cross-country estimates on potential costs of bank failures. Furthermore, we empirically test whether the contingent liabilities from the banking sector is a significant determinant of sovereign risk based on the data from 32 countries. Our results suggest that a 1% of GDP increase in contingent liabiliti...

  6. Liability for on-site nuclear property damage

    Typically, liability for on-site property addressed in contracts between operator and its suppliers. Nuclear power plant operators ordinarily protect themselves against risk of nuclear damage to on-site property by insurance. Nuclear liability laws do not specifically address liability for nuclear damage to on-site property. Nuclear plant owners should address risk of damage to on-site property when developing risk management program

  7. BRIEF CONSIDERATIONS ON THE DISCIPLINARY ADMINISTRATIVE LIABILITY IN ROMANIA

    Catalin-Silviu SARARU

    2014-01-01

    This article examines the concept and features of the disciplinary administrative liability in the Romanian law. The article analyzes the subjects of the disciplinary administrative liability, the objective and subjective basis of such liability, and the types of disciplinary administrative punishments. Finally, I stressed the need to uniform regulations in the matter of disciplinary administrative punishments through the adoption in the future of a Code of Administrative Procedure.

  8. Decree No. 33/77 of 11 March approving ratification of the Convention on Third Party Liability in the Field of Nuclear Energy, signed in Paris on 29 July 1960 and amended by the Additional Protocol, signed in Paris on 29 January 1964

    This Decree, promulgated on 21 February 1977, approves ratification of the Paris Convention and reproduces the full text of the Convention in French, followed by its translation into Portuguese. The Paris Convention provides an exceptional nuclear liability system and its scope is limited to risks of an exceptional character for which common law rules and practice are not suitable. Under the Convention, liability is absolute, channelled onto the nuclear operator and limited in amount. (NEA)

  9. The Liability for Damage in the Commercial Law

    Podojilová, Petra

    2009-01-01

    The bachelor thesis deals with problems of the liability for damage in the commercial law. The main aim of this thesis is to provide well-arranged and consistent information about the liability for damage in the Czech commercial law. At the beginning there is the definition of the liability and in the following part there is the explanation of the liability for damage according to the Civil Code and Commercial Code. This part of the thesis includes both the general and the special legal regul...

  10. 7 CFR 3431.19 - Payment and tax liability.

    2010-01-01

    ..., AND EXTENSION SERVICE, DEPARTMENT OF AGRICULTURE VETERINARY MEDICINE LOAN REPAYMENT PROGRAM Administration of the Veterinary Medicine Loan Repayment Program § 3431.19 Payment and tax liability. (a)...

  11. Responsible liabilities management: neither lender nor borrower be

    Liabilities management is the description the nuclear industry uses for looking after its future obligations for spent fuel management, waste management and decommissioning arising from today's operations and managing, as responsibly and cost-effectively as possible, the discharge of those similar obligations that have arisen from the past. This paper considers how the reshaping of the industry over recent years has influenced financial responsibilities and liabilities and how these liabilities compare with other industries. The paper moves on to discuss the issues of ethics and generic and environmental principles and explains how Magnox Electric has applied these principles to its management liabilities strategy. (author)

  12. Exposing government response action contractors to environmental tort liability

    Government contractors, particularly those involved with hazardous waste response action activities, are encountering increased risks for environmental tort liabilities. Contracts often include tasks and work assignments requiring the management of industrial, chemical, nuclear or mining wastes, spent fuels, munitions or other toxic substances. Contractors exposure to liability for damages results directly from the environmental laws and regulations pursuant to which the Government has contracted them to respond. Additionally, contractors may be exposed to common law liability under such dogmas as nuisance, trespass and strict liability in tort

  13. Boards of Directors' and Management's Liability in Law in Denmark

    Werlauff, Erik

    2011-01-01

    Denmark in which liability for exorbitant sums is being imputed to members of the boeard of directors and management and external and internal accountants. The new Danish companies act in force from 1 March 2010 made no apparent change to the standards concerning liability. Nonetheless, the companies act......The article demonstrates that written standards for the basis of liability are playing an ever greater role relative to unwritten standards under tort law. It is noted that following the bank failures in the wake of the financial crisis in 2008, a significant number of cases are proceeding in...... - the basis of liability....

  14. The limited liability company in Romania versus the limited liability company in the Republic of Moldova

    Silvia Lucia CRISTEA

    2013-06-01

    Full Text Available The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

  15. Due diligence duties for an environmental liability

    Jurisdiction turned out well to create a basic ruling for due diligence duties. These due diligence duties are high standards for the law of torts (outside of contracts) within the Austrian civil law and represent a liability-extension for the holder of the source of danger. They establish an action for injunction in particular for preventing (further) damages. Therewith due diligence duties get a general sense in the range of a civil law for environmental liability. The responsible holder of a danger zone will therefore influence his way of acting to protect potential victims and the environment. The burden of proof is on the plaintiff (victims) under the Civil Code. Victims have specific sources of danger including high endangering special facilities in their argumentation with the so-called prima-facie-proof or first-appearance-proof. A turning back of the presentation of evidence to the polluter is wrong. The polluter himself has a continuing liability for dangerous activities and his clerks in the case of an extremely high danger of damage. All due diligence duties can be arranged in three areas: in information-, danger-avoidance- and danger-prevention-duties. The determination of range and essence of the duties has to be adjusted to each individual case. The range of the specific danger area is the essential link. The intensity of due diligence duties is increasing with the size of danger in the way of a movable system depending on the protected interest. Due diligence duties have to be kept within reasonable limits with two criterions: necessarity and demand. Proportionality of actions is a third criterion to avoid exaggeration of due diligence duties to obtain an effective protection for victims including the environment. (author)

  16. Liability of Foreignness in Historical Context

    Lubinski, Christina

    2014-01-01

    vis-à-vis local firms and raise doubts about the assumption that more distance necessarily translates into higher costs. This article adds to this criticism with a historical analysis of German multinational enterprises in preindependence India. The case proves (1) the relevance of specific......Much of international business literature has dealt with the costs of engaging in business abroad. Recently, several authors have called into question the basic assumptions of the “liability of foreignness” argument. They plead for a more nuanced look at nationality beyond the dichotomy of foreign...

  17. Legacy Management. Turning liabilities into assets

    The Legacy Management (LM) Program has responsibility for management of over 85 post-closure sites across the United States. The program was formed through a consolidation of AEC/DOE sites being managed under separate programs and with diverse geography, regulatory bases, residual contaminants, and operating histories. Through development and implementation of a nation-wide program to ensure public safety, remedy performance, compliance, records management and ongoing stakeholder communication, the program has become efficient at meeting post-closure responsibilities and effective at proactively turning these liabilities into assets. (author)

  18. Intrapartum fetal monitoring: liability and documentation.

    Miller, Lisa

    2011-03-01

    Litigation in obstetrics is common, and evidence suggests that a disturbingly high number of poor outcomes are preventable. Risk management related to fetal monitoring must include both the creation of systems to provide safer care and the mitigation of liability exposure through the use of protocols and documentation strategies that are designed to provide evidence of clinicians' attentive and appropriate care. A simplified approach to documentation is reviewed, along with suggestions for frequency of documentation, standardization of common abbreviations, and samples of concise but inclusive progress notes. PMID:21278501

  19. Measurement of the absolute speed is possible?

    Sergey V. Shevchenko; Tokarevsky, Vladimir V.

    2016-01-01

    One of popular problems, which  are experimentally studied in physics in a long time, is the testing of the special relativity theory, first of all – measurements of isotropy and constancy of light speed; as well as attempts to determine so called “absolute speed”, i.e. the Earth speed in the absolute spacetime (absolute reference frame), if this spacetime (ARF) exists.  Corresponding experiments aimed at the measuring of proper speed of some reference frame in oth...

  20. CIVIL LIABILITY FOR NUCLEAR DAMAGE: COMPARATIVE ANALYSIS OF INTERNATIONAL TREATIES

    Laura Rimšaitė

    2013-06-01

    Full Text Available It was widely accepted that nuclear damage might be extensive and spread to other countries. International civil liability for nuclear damage is embodied by two major instruments: International Atomic Energy Agency (IAEA 1963 Vienna Convention on Civil liability for Nuclear Damage and Paris Convention of 1960 on third party liability (OECD with its amending protocols. Major problem arises because of lack of coherence and for this reason supplementary conventions and protocols has been adopted but sufficient results has not been achieved. International treaties on civil liability for nuclear damage are mostly based upon principles of operator’s exclusive, channeling, strict liability for nuclear damage, mandatory financial coverage, compensation without discrimination. These principles set ground for the appropriate compensation standard thus minimizing the difficulty level of complicated legal cross-actions and identifies certain subjects in individual cases who are liable also allows a concentration of the insurance capacity. Although Conventions sets similar principles, Europe remains in two different liability regimes which cover differences of liability amounts, scope of application, rules of jurisdiction conflicts. Problem of legal coherence at European Union level also arises because Member States are either parties to the Paris Convention or Vienna Convention at different speeds. This research paper provides an in-depth analysis of international legal framework development and impetus to create trans-boundary compensation mechanisms thus to foster development of European Union nuclear energy market and to provide higher protection for victims inside and outside the country where the incident has occurred. Purpose – provide comparative analysis of international treaties which regulate civil liability for nuclear damage in the context of European Union nuclear energy market development. Design/methodology - paper is based on document

  1. 27 CFR 479.31 - Liability for tax.

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Liability for tax. 479.31... OTHER FIREARMS Special (Occupational) Taxes § 479.31 Liability for tax. (a) General. Every person who... United States shall pay a special (occupational) tax at a rate specified by § 479.32. The tax shall...

  2. 75 FR 1735 - Section 3504 Agent Employment Tax Liability

    2010-01-13

    ... Internal Revenue Service 26 CFR Part 31 RIN 1545-BI21 Section 3504 Agent Employment Tax Liability AGENCY... contains proposed regulations relating to employment tax liability of agents authorized by the Secretary... respect to taxes under the Federal Unemployment Tax Act on wages paid for home care services, as...

  3. Sub-seabed burial of radioactive waste and liabilities

    The author of this report discusses the problems raised by application of the special third party liability system to damage which may result from embedding radioactive waste in the sub-seabed. The matter of general liability of the State for nuclear damage caused to the environment is also dealt with in this paper. (NEA)

  4. 12 CFR 704.8 - Asset and liability management.

    2010-01-01

    ... used as a basis of estimation. (b) Asset and liability management committee (ALCO). A corporate credit... risk management policies. (c) Penalty for early withdrawals. A corporate credit union that permits... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Asset and liability management. 704.8...

  5. 31 CFR 315.56 - General instructions and liability.

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false General instructions and liability. 315.56 Section 315.56 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... and, where one is available, a corporate stamp or issuing or paying agent's stamp. (b) Liability....

  6. Grounding the Management of Liabilities in the Risk Analysis Framework

    Phillips, Peter W. B.; Smyth, Stuart

    2007-01-01

    Discussions of socioeconomic liability and compensation must necessarily start from an understanding of the socioeconomic, legal, and scientific basis for identifying, assessing, managing, and apportioning blame for hazards related to innovations. Public discussions about the nature of the liability challenge related to genetically modified (GM)…

  7. 12 CFR 202.16 - Enforcement, penalties and liabilities.

    2010-01-01

    ... imposed by the Act or this regulation is subject to civil liability for actual and punitive damages in... the Act or this regulation also constitute violations of other federal laws. Liability for punitive... may be appropriate, including actual and punitive damages and injunctive relief. (5) If the Board,...

  8. 31 CFR 223.9 - Valuation of assets and liabilities.

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Valuation of assets and liabilities. 223.9 Section 223.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... WITH THE UNITED STATES § 223.9 Valuation of assets and liabilities. In determining the...

  9. Nuclear Liability Legislation in the Republic of Croatia

    This paper contains a basic data about the legislation referring to third party liability for nuclear damage in Croatia. It also, gives some drafting provisions in the Croatian Nuclear Liability Act, but only those which implements a substantial changes compared to the Act currently in force. (author)

  10. 7 CFR 46.10 - Nonlicensed person; liability; penalty.

    2010-01-01

    ... 7 Agriculture 2 2010-01-01 2010-01-01 false Nonlicensed person; liability; penalty. 46.10 Section... COMMODITIES REGULATIONS (OTHER THAN RULES OF PRACTICE) UNDER THE PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930 Licenses § 46.10 Nonlicensed person; liability; penalty. Any commission merchant, dealer, or broker...

  11. Clarifying Liability for Twenty-First-Century Payment Fraud

    Dhameja, Sandeep; Jacob, Katy; Richard D. Porter

    2013-01-01

    This article examines the governance structure of retail payments in the United States, provides an overview of payment fraud, and discusses in depth the liability frameworks for fraud involving specific payment methods. It also presents a series of recommendations that describe how the public sector might work together with the private sector to reduce fraud risks by clarifying liability for fraud.

  12. Contingent Liability Risks from State-Owned Enterprises

    World Bank

    2009-01-01

    Countries across all continents face the challenge of managing contingent liabilities arising from multiple sources, including state-owned enterprises (SOEs), parastatals, off-budget financing arrangements, civil servant entitlement schemes etc. The current financial crisis has made countries even more vulnerable to the severe impact of contingent liabilities on government finances, creati...

  13. 48 CFR 245.7310-3 - Liability and insurance.

    2010-10-01

    ... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Liability and insurance... SYSTEM, DEPARTMENT OF DEFENSE CONTRACT MANAGEMENT GOVERNMENT PROPERTY Sale of Surplus Contractor Inventory 245.7310-3 Liability and insurance. When the work to be performed by the purchaser warrants,...

  14. 48 CFR 47.207-7 - Liability and insurance.

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Liability and insurance... CONTRACT MANAGEMENT TRANSPORTATION Contracts for Transportation or for Transportation-Related Services 47.207-7 Liability and insurance. (a) The contracting officer shall specify— (1) The...

  15. 48 CFR 49.406 - Liquidation of liability.

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Liquidation of liability. 49.406 Section 49.406 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION CONTRACT MANAGEMENT TERMINATION OF CONTRACTS Termination for Default 49.406 Liquidation of liability. The...

  16. 33 CFR 153.405 - Liability to the pollution fund.

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the...

  17. 39 CFR 3060.13 - Valuation of liabilities.

    2010-07-01

    ... Postal Service POSTAL REGULATORY COMMISSION PERSONNEL ACCOUNTING PRACTICES AND TAX RULES FOR THE... theoretical competitive products enterprise as follows: (a) Identify all liability accounts within the Postal... liability accounts within the Postal Service's Chart of Accounts used solely for the provision of...

  18. 47 CFR 3.76 - Licensee's liability for payment.

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Licensee's liability for payment. 3.76 Section... ACCOUNTING AUTHORITIES IN MARITIME AND MARITIME MOBILE-SATELLITE RADIO SERVICES Enforcement § 3.76 Licensee's liability for payment. The U.S. ship station licensee bears ultimate responsibility for final payment of...

  19. Assessment of hepatotoxic liabilities by transcript profiling

    Male Wistar rats were treated with various model compounds or the appropriate vehicle controls in order to create a reference database for toxicogenomics assessment of novel compounds. Hepatotoxic compounds in the database were either known hepatotoxicants or showed hepatotoxicity during preclinical testing. Histopathology and clinical chemistry data were used to anchor the transcript profiles to an established endpoint (steatosis, cholestasis, direct acting, peroxisomal proliferation or nontoxic/control). These reference data were analyzed using a supervised learning method (support vector machines, SVM) to generate classification rules. This predictive model was subsequently used to assess compounds with regard to a potential hepatotoxic liability. A steatotic and a non-hepatotoxic 5HT6 receptor antagonist compound from the same series were successfully discriminated by this toxicogenomics model. Additionally, an example is shown where a hepatotoxic liability was correctly recognized in the absence of pathological findings. In vitro experiments and a dog study confirmed the correctness of the toxicogenomics alert. Another interesting observation was that transcript profiles indicate toxicologically relevant changes at an earlier timepoint than routinely used methods. Together, these results support the useful application of toxicogenomics in raising alerts for adverse effects and generating mechanistic hypotheses that can be followed up by confirmatory experiments

  20. Managing environmental liabilities at manufactured gas sites

    Many gas and electric utilities have inherited environmental liabilities from some of the more than 1,500 former manufactured gas plants (MGPs) which supplied a major source of energy in the US from the early 1800s to the mid 1900s. Common materials found at these sites include coal and oil tars, tar/water emulsions, sludges, spent oxides (including cyanide compounds), lampblack, ash, and clinker. There are several issues related to the cleanup of these former MGP sites that benefit from strategic management. First, utilities faced with near-term decisions can carefully analyze and document the value and impact of alternative strategies under various uncontrollable ''future states of the world'', expanding the analysis to review the more global, long-term impacts of near-term decisions, while at the same time creating the necessary documentation in case prudence becomes an issue in the future. Second, throughout the site assessment and remedial process, utilities can employ decision analytic tools to map out possible remediation, cost recovery, and litigation strategies as well as their potential costs, thus providing early information to focus management attention and expenditures on areas with the highest benefit. Third, in many states, utilities are and will be involved in rate hearings concerning the recovery of environmental costs, requiring attention to questions concerning who should pay--the ratepayer or the shareholder. This paper describes analytical tools and economic arguments that have been sued by several utilities to address management of these environmental liabilities

  1. Improvement of nuclear liability system and remaining issues thereof

    To keep in line with the world-wide tendency to strengthen the nuclear third party liability system both at international and domestic level, the Nuclear Liability Act and the Act on Indemnity Agreement for Nuclear Liability have been amended in 2001. The pending issues are the completion of the improvement of the national nuclear liability system and protocol between the KEDO and the DPRK for the nuclear liability and indemnification thereof. Since adherence to the Convention on Supplementary Compensation for Nuclear Damage(CSC) is required to strike out the pending issues, the method to become a party to the CSC, necessary implementation enactment, the person to bear the contribution to the fund of CSC should be studied carefully this year. The government is now carrying out a political study, to lay a bill of ratification for the adherence to the CSC before the National Assembly in a regular session this year

  2. Liability and financial security for nuclear risks - topical developments

    Topical developments in the regime of nuclear liability for the operation of nuclear facilities are addressed from the angle of the insurance business. In Germany, plant operators, the Federal Government, Laender governments, and the insurance companies have come to a comprehensive agreement for nuclear liability and financial security. However, there are some details remaining to be settled under section 34 AtG (Atomic Energy Act) before the contracts will be signed. The paper comments some aspects of the revised version of the Vienna Convention on Nuclear Liability, relating to general damage to the environment, precautionary action, owner/operators' liability, terms and conditions for filing damage and statute of limitations, conditions of exclusion, and adjustment costs. The author also gives information about activities under way for establishment of a nuclear liability regime in countries of Eastern Europe. (HP)

  3. A review on liability in case of nuclear accident

    After having evoked assessments of the cost of a nuclear accident in France and of that of damages caused by the Fukushima accident, the authors propose an overview of the issue of liability of companies involved in the operation of a nuclear power plant. They outline that this regime is mainly governed by two international conventions: the Paris Convention on third party liability in the field of nuclear energy, and the Brussels Convention. The first one bears on the liability of nuclear installation operators, while the second one aims at ensuring an additional compensation of casualties on public funds. They also evoke the Vienna Convention which aims at defining a world regime for nuclear liability. They outline the limited scope of application of the Paris Convention, and the limitation of compensations. They discuss the liability of companies others than those operating nuclear installations

  4. New Conformal Invariants in Absolute Parallelism Geometry

    Youssef, Nabil L.; Soleiman, A.; Taha, Ebtsam H.

    2016-01-01

    The aim of the present paper is to investigate conformal changes in absolute parallelism geometry. We find out some new conformal invariants in terms of the Weitzenb\\"ock connection and the Levi-Civita connection of an absolute parallelism space.

  5. Monolithically integrated absolute frequency comb laser system

    Wanke, Michael C.

    2016-07-12

    Rather than down-convert optical frequencies, a QCL laser system directly generates a THz frequency comb in a compact monolithically integrated chip that can be locked to an absolute frequency without the need of a frequency-comb synthesizer. The monolithic, absolute frequency comb can provide a THz frequency reference and tool for high-resolution broad band spectroscopy.

  6. Investigating Absolute Value: A Real World Application

    Kidd, Margaret; Pagni, David

    2009-01-01

    Making connections between various representations is important in mathematics. In this article, the authors discuss the numeric, algebraic, and graphical representations of sums of absolute values of linear functions. The initial explanations are accessible to all students who have experience graphing and who understand that absolute value simply…

  7. Introducing the Mean Absolute Deviation "Effect" Size

    Gorard, Stephen

    2015-01-01

    This paper revisits the use of effect sizes in the analysis of experimental and similar results, and reminds readers of the relative advantages of the mean absolute deviation as a measure of variation, as opposed to the more complex standard deviation. The mean absolute deviation is easier to use and understand, and more tolerant of extreme…

  8. Absolute Income, Relative Income, and Happiness

    Ball, Richard; Chernova, Kateryna

    2008-01-01

    This paper uses data from the World Values Survey to investigate how an individual's self-reported happiness is related to (i) the level of her income in absolute terms, and (ii) the level of her income relative to other people in her country. The main findings are that (i) both absolute and relative income are positively and significantly…

  9. Inequalities, Absolute Value, and Logical Connectives.

    Parish, Charles R.

    1992-01-01

    Presents an approach to the concept of absolute value that alleviates students' problems with the traditional definition and the use of logical connectives in solving related problems. Uses a model that maps numbers from a horizontal number line to a vertical ray originating from the origin. Provides examples solving absolute value equations and…

  10. Civil liability versus state liability in case of a nuclear incident - some thoughts inspired by the Vienna Convention revision exercise

    The juridical reconstruction involved in the current work in the International Atomic Energy Agency (IAEA) for revision of the Vienna Convention on Civil Liability for Nuclear Damage is not simply a matter of re-surfacing the edifice of private law liability. It has also led certain architects to draw up plans for the foundations of a regime of State responsibility in this field, based on the strict liability of States to compensate for transfrontier damage. Following the post-Chernobyl stocktaking by the author and Otto von Busckist for the Tokyo Congress in 1989, this report sets out to analyse the question of the implementation of States' liability in the case of a nuclear accident, from the viewpoints of positive law, the work of the International Law Commission and specific aspects linked to the nuclear risk. It also examines the proposals in this regard deposited with the IAEA Standing Committee on Liability for Nuclear Damage. (author)

  11. Federal Act of 29 April 1964 on Liability for Nuclear Damage (Atomic Liability Act)

    Under this Act, the operator of a nuclear installation is liable for any nuclear incident occurring in such installation or which is caused by nuclear substances in his charge. If an incident is caused by a radioisotope, the person in possession of the radioisotope at the time of the incident is liable therefore. When an incident occurs during transport of nuclear substances, the carrier is liable in three cases only: when such substances are neither despatched to nor originating from installations on Austrian territory; when they are despatched without the written consent of the Austrian operator who is to receive them; and when they are not destined for a nuclear installation. Other provisions of the Act fix liability ceilings, a basis for apportionment of compensation when several victims are involved and the amount of security for coverage of the operators liability. The Act came into force on 1 September 1964. (NEA)

  12. Government Decree No 24/84 approving accession to the Convention of 31 January 1963 Supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy

    Portugal is a Contracting Party of the Paris Convention which establishes a special system of liability for the operator of nuclear installations in Contracting States: absolute liability and its limitation in amount and in time. The Brussels Supplementary Convention, to which Portugal will accede in accordance with this Decree of 24 April 1984, introduces an additional compensation in two further tiers, the first out of public funds from the country where the nuclear incident originates and the second, highest amount, out of public funds from all Contracting States in cases where damage exceeds the sum to be paid by the Contracting Party concerned. (NEA)

  13. The 1968 Brussels convention and liability for nuclear damage

    The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)

  14. International nuclear liability as an element of nuclear safety

    The main objective of nuclear liability law is the compensation of victims of a possible nuclear incident. However, an adequate nuclear liability law is just as important for nuclear industry, in particular the supply industry - including suppliers of know-how and consultants. Without such a law, the liability risk would be incalculable and industry would not be ready to supply to nuclear installations or nuclear activities. This applies especially to programmes which aim at improving nuclear safety in Eastern Europe. Key elements are the exclusive concentration of liability onto the operator of a nuclear installation (channelling of liability) and the channelling of lawsuits onto one single competent court in one single country. There are recent examples: The negotiations on the management of nuclear waste, including submarines, in Northern Russia and the negotiations within the framework of the East Asian project of the Korean Peninsula Energy Development Organization (KEDO), demonstrate that a satisfactory solution of the liability issue is crucial for the implementation of these projects. It follows that an adequate nuclear liability law, which is also acceptable for industry, is a substantial element for enhancing nuclear safety. (orig.)

  15. PROVISIONS ACCOUNTANCY FOR PENSIONS AND SIMILAR LIABILITIES

    MIHAELA COSMINA PETRE

    2012-05-01

    Full Text Available The foundation of accountancy provisions is based on IAS 37 „Provisions, Contingent Liabilities and Contingent Assets” and on „European Accountancy Regulations” aproved by OMFP no.3055/2009. The main problems regarding the provisions normalization and reglementation by using the mentioned sources of accountancy law refer to: provisions definition and delimitation, their acknowledgement, evaluation, modification and accounting.Pension provisions refer to the amount to be paid by the entity after the employees retirement. The provisions value is established by the specialists in the field. For determining their value there must be taken into account the age, length of service and staff rotation within the entity. Pension provisions are acknowledged on the length of service remained up to the pension time, when they are certain to be paid for a predictable period of time.

  16. CORPORATION CRIME LIABILITY OF PERSPECTIVE PENAL REFORM

    Abdul Salam Siku

    2013-07-01

    Full Text Available The setting of the responsibility criminal against corporations in Indonesia starting from the inception of the emergency law number 7 of 1955 on Economic Crime, then followed by some of the last act is Act No. 8 of 2010 on prevention and eradication of the crime of money laundering. In the framework of the renewal of national criminal law and the draft law on The Criminal law (Criminal Code systematically have set the criminal liability of corporations, whether incorporated corporation law and Corporation who is not a legal entity. Although there have been laws governing corporate crime responsibility about but are still have problems in its application. It can be seen from the lack of a corporate criminal sentenced by the Court.

  17. Civil liability and nuclear coverage: synthesis report

    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

  18. The law concerning liability for nuclear damage

    This treatise outlines the Law on Compensation for Nuclear Damage (Law No. 147, June 17, 1961) and the Law on Indemnity Agreement for Compensation of Nuclear Damage (Law, No. 148, June 17, 1961) which are both came into effect in March, 1962, and describes how these laws will be executed if an accident occurs actually in nuclear facilities. The first law which prescribes various provisions for compensation of nuclear damage is characterised as having the principle of no-fault liability and hence making a nuclear enterpriser responsible for securing adequate financial resources to indemnify general public for their damages from nuclear accidents. Thus, in compliance with the law a nuclear enterpriser should effect both the contract of the indemnity responsible insurance and the indemnity agreement for compensation of nuclear damage. The second law deals with the indemnity agreement which is concluded by a nuclear enterpriser with the government and constitutes a full measure for compensation of nuclear damage supplementing the indemnity responsible insurance. The indemnity agreement is to insure compensation liabilities for nuclear damages which the indemnity responsible insurance can not cover-that is, damages caused by earthquakes and volcanic eruptions, and also damages from normal operations of nuclear facilities and those occurs after 10 years of an accident. Then, the author describes in detail how these laws apply in a nuclear accident to damages to third parties and those to facilities of related nuclear enterpriser himself and to his employees. Finally, the author refers to the legal systems for compensation of nuclear damage in the United States, Britain, France and West Germany. (Matsushima, A.)

  19. 46 CFR 298.38 - Partnership agreements and limited liability company agreements.

    2010-10-01

    ...) Duration of the entity; (b) Adequate partnership or limited liability company funding requirements and... 46 Shipping 8 2010-10-01 2010-10-01 false Partnership agreements and limited liability company... liability company agreements. Partnership and limited liability company agreements must be in form...

  20. Charterer's Liability Insurance : A Type of Marine Insurance

    2007-01-01

    The “charterer’s liability insurance” is a type of marine insurance. Most ships are chartered either on a time charter or voyage charter contract. In both cases the charterer assumes liabilities towards the shipowner because of damage caused to the ship in the course of cargo-handling or because of damage resulting from an unsafe port or berth. And also, the charterer becomes liable similarly to the shipowner, with P&I liability to cargo, pollution claims and etc. All charterers require cover...

  1. Catastrophic events leading to de facto limits on liability

    This study conducts an overview of large technological systems in society to ascertain prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability. Several potential situations are examined: dam rupture, aircraft crash into a sports stadium, chemical plant accident, shipping disaster, and a toxic drug disaster. All of these events are estimated to have probabilities per year similar to or larger than a major nuclear accident and they are found to involve potential liability far exceeding the available resources, such as insurance, corporation assets, or government revenues

  2. Professional liability in the safety and environmental context

    In Texas, the theories of liability under which professionals can be held liable are breach of contract, common law fraud or misrepresentation, failure to disclose, and the Texas Deceptive Trade Practices Act. Because case law involving safety or environmental professionals is scarce it is necessary to draw analogies from cases involving architects and engineers. These cases, however, may be directly applicable to those who are engineers. This paper reviews examples of these types of liabilities providing case references for each. The paper finishes with preventative steps for minimizing the liabilities of both consulting groups and practicing professionals

  3. Liability aspects of home energy-rating systems

    Hendrickson, P.L.

    1983-10-01

    Liability aspects of home energy rating systems are discussed. An introduction to the rating system concept, including types of rating systems, implementation efforts to date, and possible groups to conduct ratings, is also included. The home energy rating system concept involves the periodic rating of the energy efficiency of residential buildings. The rating can provide a relative indication of a home's energy efficiency and also a quantitative estimate of consumption, fuel cost, or both. Primary attention is given to liability issues associated with developing and performing ratings. Secondary attention is given to possible liability associated with misuse of a rating once it has been performed.

  4. Some notes on medical liability in ancient times.

    Somville, F J M P; Broos, P L O; Van Hee, R

    2010-01-01

    Already in ancient times did medical liability occupy mankind. Various civilizations did give their own interpretation on the subject and proposed solutions. Original writings are rare and articles concerning ancient medical liability equally are hard to find. The only relatively trustworthy sources are of legal nature and find their origin in Greek philosophy and Roman Law. At a later stage, Arabic philosophers gave a renewed view on the statements of these previous civilizations and added their own way of thinking. All these influences still reflect in our modern western way of medical acting. Some of these ancient customs concerning medical liability will be discussed in this article. PMID:20690537

  5. The French regime of civil liability for nuclear

    As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

  6. Third party liability cover for nuclear damage and related problems

    This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA)

  7. Absolute calibration technique for spontaneous fission sources

    An absolute calibration technique for a spontaneously fissioning nuclide (which involves no arbitrary parameters) allows unique determination of the detector efficiency for that nuclide, hence of the fission source strength

  8. Phenotypic spandrel: absolute discrimination and ligand antagonism

    François, Paul; Johnson, Kyle A.; Saunders, Laura N.

    2015-01-01

    We consider the general problem of absolute discrimination between categories of ligands irrespective of their concentration. An instance of this problem is immune discrimination between self and not-self. We connect this problem to biochemical adaptation, and establish that ligand antagonism - the ability of sub threshold ligands to negatively impact response - is a necessary consequence of absolute discrimination.Thus antagonism constitutes a "phenotypic spandrel": a phenotype existing as a...

  9. Absolute Photoacoustic Thermometry in Deep Tissue

    Yao, Junjie; Ke, Haixin; Tai, Stephen; Zhou, Yong; Wang, Lihong V.

    2013-01-01

    Photoacoustic (PA) thermography is a promising tool for temperature measurement in deep tissue. Here, we propose an absolute temperature measurement method based on the dual temperature dependences of the Grüneisen parameter and the speed of sound in tissue. By taking ratiometric measurements at two adjacent temperatures, we can eliminate the factors that are temperature irrelevant but difficult to correct for in deep tissue. To validate our method, absolute temperatures of blood-filled tubes...

  10. 'Araphid' diatom classification and the 'absolute standard'

    Williams, David M.

    2009-01-01

    'Araphid' diatom classification is discussed from the point of view of an 'absolute standard' for taxonomic rank. The 'absolute standard' is the phylogenetic tree, its nodes, the included monophyletic groups and sub-groups. To illustrate this point a few species from the genus Licmophora are re-analysed and the resulting phylogenetic tree is discussed in terms of a possible classification, the groups and sub-groups and their ranks.

  11. Absolute distance metrology for space interferometers

    Swinkels, B L; Wendrich, T.J.; Bhattacharya, N; Wielders, A.A.; Braat, J.J.M.

    2004-01-01

    Space interferometers consisting of several free flying telescopes, such as the planned Darwin mission, require a complex metrology system to make all the components operate as a single instrument. Our research focuses on one of its sub-systems that measures the absolute distance between two satellites with high accuracy. For Darwin the required accuracy would be in the order of 10 μm over 250 meter. To measure this absolute distance, we are currently exploring the frequency sweeping interfer...

  12. Introducing the mean absolute deviation 'effect' size.

    Gorard, S.

    2015-01-01

    This paper revisits the use of effect sizes in the analysis of experimental and similar results, and reminds readers of the relative advantages of the mean absolute deviation as a measure of variation, as opposed to the more complex standard deviation. The mean absolute deviation is is easier to use and understand, and more tolerant of extreme values. The paper then proposes the use of an easy to comprehend effect size based on the mean difference between treatment groups, divided by the mean...

  13. Report on state liability for radioactive materials transportation incidents: A survey of laws

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

  14. On Contingent Liabilities and the Likelihood of Fiscal Crises*

    Craig Burnside

    2002-01-01

    A contingent liability is a commitment to take on an actual liability that could be realized in the future. International organizations emphasize the dangers of contingent liabilities when providing advice. Why? One reason is that when contingent liabilities are realized they often commit governments to substantial fiscal costs. Another reason is subtler: by taking on a contingent liability the government can increase the probability of the event that would trigger its realization. This...

  15. Inventory of nuclear liabilities - The Belgian perspective

    Like all countries that use radioactive materials for producing electricity or for other peaceful purposes, Belgium is faced with an important challenge: the safe management of all these materials, in both the short and long term. Of course there is a price to pay for this management, which in accordance with the ethical principle of inter-generational fairness should be borne mainly by the current generations. However, it is possible that when the moment has come, the financial resources to cover the costs of decommissioning and remediation of these installations, prove to be insufficient or even completely non-existent: this then results in a nuclear liability. This kind of situation can have several causes, such as an underestimation of the actual costs by the operator or the owner of the nuclear installation or by the holder or the owner of the radioactive materials, negligence, transfer of ownership of the nuclear installation or the nuclear site without transfer of the corresponding provisions, a reduction in the operating time, a bankruptcy as well as ignorance. Because it wishes to avoid the occurrence of new nuclear liabilities, the Belgian legislator, by virtue of article 9 of the programme law of 12.12.97, charged ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials, with collecting all the elements that are necessary in order to examine to which degree the decommissioning and remediation costs can be actually covered when the time comes. ONDRAF/NIRAS was specifically charged with ascertaining all facts of a technical and financial nature which should enable the minister responsible for energy to verify whether every operator or owner of a nuclear installation and every holder or owner of radioactive materials have provided in time for the requisite financial resources to cover the future costs of decommissioning and remediation. This evaluation of course also serves to enable the government to take the necessary

  16. Nuclear Liability and Insurance for Nuclear Damage in Sweden

    This paper contains some facts about the Swedish nuclear energy production system and about the nuclear operators liability with the important issues. The nuclear insurance of Sweden is also explained in short terms. (author)

  17. Nuclear Liability and Insurance for nuclear Damage in Switzerland

    With nuclear power generating 43% of its total electricity production, Switzerland is amongst the states, employing the highest percentage of nuclear electricity. Although, the country has not ratified any of the international Nuclear Liability Conventions, its Nuclear Third Party Liability Act reflects all the principles, underlying those Conventions. The statutory liability of the operator of a Swiss nuclear installation itself being unlimited, the total insurance limit of CHF 770 m. provides the highest private insurance protection worldwide. With the support of its foreign Reinsurance Pools, the capacity for this insurance guarantee has, over more than 40 years, been built up by the Swiss Nuclear Insurance Pool. Apart from Third Party Liability cover, the Pool also provides Property insurance to Swiss nuclear installation operators and reinsurance cover to other nuclear insurers worldwide. (author)

  18. The Criminal Liability of a Republic’s President

    Crina Mihaela Verga

    2012-08-01

    Full Text Available The objective of this study is to make a comparative analysis of the criminal liability of thehead of state in parliamentary republics and in semi presidential republics. The paper introduces theconcepts of “non-responsability” and “inviolability” of the President and is based on recent researchesin Comparative Law which regard the criminal liability of the head of state. The approach was basedon a comparative study and on observing how to apply in practice the constitutional provisionsconcerning the criminal liability of the President. As a result of using these methods we can establishthe precise and obvious rules concerning the institution analyzed. The implications of this study referto a better knowledge of the regulation of the criminal liability in certain states which allow anefficient reception and enforcement of the constitutional provisions on the matter. The consistencyand universality of certain solutions provide great legitimacy to the comparative law in the field underinvestigation.

  19. Nuclear liability amounts on the rise for nuclear installations

    The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)

  20. Accounting Issues: An Essay Series Part VII--Liabilities

    Laux, Judy

    2008-01-01

    This article, the seventh in the series, presents accounting for liabilities along with some related conceptual and measurement issues. Additional coverage is devoted to potential ethical dilemmas and both theoretical and empirical literature related to this set of accounting elements.

  1. Nuclear Energy and Liability in Law. Records of the meeting

    The question of nuclear energy and liability in law was discussed at a one-day meeting organised jointly by the Societe francaise de radioprotection and the Societe francaise d'energie nucleaire. This report contains three of the papers presented. The first paper describes the different types of liability: civil, penal, administrative, international and explains the reasons which have led the legislator to introduce special liability rules to meet the problems raised by nuclear energy. The second paper deals with radiation protection and the different types of liability in law which may result from activities involving radiation protection. Finally, the third paper discusses nuclear risk insurance from the viewpoint of atomic insurance pools and specifies that insurers are concerned with improving accident prevention measures, in close collaboration with nuclear operators and the public authorities. (NEA)

  2. 48 CFR 27.201 - Patent and copyright infringement liability.

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability....

  3. 48 CFR 1427.201 - Patent and copyright infringement liability.

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability....

  4. Marine Insurance Liability: An Analysis of Mutuality vs. Fixed Premiums

    Spadafora, Stacy E.

    2002-01-01

    This paper deals with the pricing differences between a mutual co-operative underwriting system and a fixed-premium underwriting system in providing coverage for marine liability. There has been much debate in recent years within the marine liability underwriting industry over which method fosters more competition, and hence, lower premiums for shipowners who are required to carry such coverage in order to operate. This paper will look at the current mutual marine insurance industry (Protecti...

  5. Nuclear liability insurance in the Federal Republic of Germany

    This paper describes the German law on peaceful use of nuclear energy and the protection against damages and the Atomic-Coverage-Regulation Act. Liability and coverage of damages by insurance policy, mutual interest association or government liability-State Guarantee are also studied. In the last part, development of premiums and cost for damages in the period of 1957 - 1991 in the Federal Republic of Germany are given. 2 figs

  6. Coherent CVA and FVA with Liability Side Pricing of Derivatives

    Lou, Wujiang

    2015-01-01

    This article presents FVA and CVA of a bilateral derivative in a coherent manner, based on recent developments in fair value accounting and ISDA standards. We argue that a derivative liability, after primary risk factors being hedged, resembles in economics an issued variable funding note, and should be priced at the market rate of the issuer's debt. For the purpose of determining the fair value, the party on the liability side is economically neutral to make a deposit to the other party, whi...

  7. Liability, Insurance and the Incentive to Obtain Information about Risk

    Vickie Bajtelsmit; Paul Thistle

    2015-01-01

    We examine the incentives to obtain information about risk under strict liability and negligence rules when insurance is available. Information helps reduce the expected cost of accidents, but also exposes the potential injurer to classification risk. As a result, the social value of information may be negative. Under both strict liability and negligence, the private value of information may also be negative when insurance is available.

  8. Shareholder Liability for Corporate Obligations in Small Business

    Nance, Deana; Vu, Joseph D.

    1993-01-01

    This paper discusses the issue of shareholder liability for corporate obligations in small business. Although the law allows individuals to incorporate their businesses to limit liabilities, the courts have in many cases pierced the corporate veil and held shareholders liable for obligations of the corporation. The doctrine of piercing the corporate veil rarely affects shareholders of publicly-traded firms. In most cases, this doctrine would only reach shareholders of small, closely held firm...

  9. The Effects of Liquidity Regulation on Bank Assets and Liabilities

    Duijm, Patty; Wierts, Peter

    2014-01-01

    Under Basel III rules, banks become subject to a liquidity coverage ratio (LCR) from 2015 onwards, to promote short-term resilience. We investigate the effects of such liquidity regulation on bank liquid assets and liabilities. Results indicate co-integration of liquid assets and liabilities, to maintain a minimum short-term liquidity buffer. Still, microprudential regulation has not prevented an aggregate liquidity cycle characterised by a pro-cyclical pattern in the size of balance sheets a...

  10. Changes to the principles of nuclear liability and nuclear damage

    The speaker proposes to give a summarized recall on the ordinary rules of liability and damage, by referring to the recent works by the NEA-IAEA as presented during the Helsinki meeting. Then he would compare them to that of nuclear liability and damages, as they currently stand, after the changes they went through, since such rules first appeared. Such comparison will allow the emphasis on differences which lead to question the relevance of these changes. (author)

  11. Nuclear liability coverage developments in the United States of America

    The availability of such nuclear liability coverage has been a concern of nuclear power plant vendors, suppliers and operators, and public officials in the United States or many years. This paper addresses implications of the Federal Price-Anderson Act (42 U.S.C. 2014, 2020; Sections 11 and 170 of the Atomic Energy Act of 1954, as amended); on the financial liability of persons accountable for an accident in the United States. (author)

  12. Resolving a Large Contingent Fiscal Liability; Eastern European Experiences

    Mark J Flanagan

    2008-01-01

    On occasion, a government may find itself confronted with a need to address a large contingent or off balance sheet fiscal liability. Implementing a settlement raises issues of fiscal sustainability and macroeconomic stability. This paper surveys the key design issues, and draws lessons from recent Eastern European experience. It then considers in more detail the particular case of Ukraine, and how it might approach its own large contingent liability-the so-called lost savings-which at end-20...

  13. Nuclear liability coverage developments in the United States of America

    Brown II, Omer F.

    1995-12-31

    The availability of such nuclear liability coverage has been a concern of nuclear power plant vendors, suppliers and operators, and public officials in the United States or many years. This paper addresses implications of the Federal Price-Anderson Act (42 U.S.C. 2014, 2020; Sections 11 and 170 of the Atomic Energy Act of 1954, as amended); on the financial liability of persons accountable for an accident in the United States. (author).

  14. The International liability of Governments for nuclear damage

    The international liability of governments for nuclear damage is a topical issue in international law. Unfortunately, however, it is one that does not even have a generally accepted formulation. Liability for nuclear damage can be considered from two angles - that of international law and that of civil law. The standards of international law which apply to claims for compensation regulate both the international liability of governments and the civil liability of nuclear operators. The Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 laid down the principle that civil claims for compensation were independent of claims arising out of the general principles of international law. In this paper, we shall consider situations where the source of the damage is located on the territory of one state, and the damage occurs within the boundaries of another state (or states). It is necessary to take into account the difficulty of determining the potential consequences of nuclear damage, and the fact that the consequences affect not only other states but also the state that is the source of the damage. This gives rise to two problems: the definition of the legal basis of claims for compensation in respect of nuclear damage and the dissection of the codification of the legal provisions with regard to international liability for nuclear damage

  15. A global algorithm for estimating Absolute Salinity

    T. J. McDougall

    2012-12-01

    Full Text Available The International Thermodynamic Equation of Seawater – 2010 has defined the thermodynamic properties of seawater in terms of a new salinity variable, Absolute Salinity, which takes into account the spatial variation of the composition of seawater. Absolute Salinity more accurately reflects the effects of the dissolved material in seawater on the thermodynamic properties (particularly density than does Practical Salinity.

    When a seawater sample has standard composition (i.e. the ratios of the constituents of sea salt are the same as those of surface water of the North Atlantic, Practical Salinity can be used to accurately evaluate the thermodynamic properties of seawater. When seawater is not of standard composition, Practical Salinity alone is not sufficient and the Absolute Salinity Anomaly needs to be estimated; this anomaly is as large as 0.025 g kg−1 in the northernmost North Pacific. Here we provide an algorithm for estimating Absolute Salinity Anomaly for any location (x, y, p in the world ocean.

    To develop this algorithm, we used the Absolute Salinity Anomaly that is found by comparing the density calculated from Practical Salinity to the density measured in the laboratory. These estimates of Absolute Salinity Anomaly however are limited to the number of available observations (namely 811. In order to provide a practical method that can be used at any location in the world ocean, we take advantage of approximate relationships between Absolute Salinity Anomaly and silicate concentrations (which are available globally.

  16. Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

    The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

  17. Liability in the transport of nuclear material - Existing liability regimes and gaps in their coverage

    There are two separate multilateral legal regimes covering liability for loss sustained as a result of harm incurred in incidents involving nuclear materials, including during their transportation by sea. Efforts have been made in recent years to clarify the relationship between them in order to develop a more coherent international regime but the situation remains complicated, unclear and inadequate. Complicated because there are two competing regimes with different memberships. Unclear because the scope of coverage under the two regimes is not identical. Inadequate because they do not assure coastal states suffering economic loss from an incident that they will not be left to bear the costs of such loss. (author)

  18. Choice Between Microfinance System Operating on the Basis of Individual Liability Loan Contract or Through Joint Liability Loan Contract

    Kundu, Amit

    2009-01-01

    In this paper we consider that a representative of a not so affluent rural household has three options. He (she) may join in a microfinance system operating on the basis of individual liability credit contract, or on the basis of joint liability loan contract through forming self-help group or may not participate in any type of microfinance system. This paper establishes that wealthier among the not so affluent rural household prefers to join microfinance system operating on the basis of indi...

  19. ACCRUAL OF LIABILITIES AND CONTINGENT ASSETS

    Elena Ilie

    2011-12-01

    Full Text Available International Financial Reporting Standards together with Public Sector Accounting Standards are based on professional reasoning by appealing to principles that can lead to several solutions for a certain problem. In this respect Romanian economic mechanisms have a high level of rigidity in the implementation of accounting concepts and principles so that it is important to highlight the aspects that generate added value in the current economic climate. Even since 2005 the harmonization of Romanian accounting with the directives of International Accounting Standards, which came to support the harmonization of rules and principles concerning the development of annual financial statements of public institutions, is the most important and essential challenge for administrative environment. Assets and contingent liabilities are elements which in terms of the law cannot be included in the assets of a public institution that is why accounting of these elements must be performed using special off-balance sheet accounts. The purpose of this work emphasizes the opportunity and the recognition of economic events whose elements should be reflected in balance sheet, but also the appropriate and necessary moment of making entries over special accounts off the balance sheet in accordance with IPSAS 19.

  20. Reprocessed Uranium: Commercial Resource or Liability

    The presence of minor uranium isotopes and their daughter products in reprocessed uranium (RepU) has logistics and cost implications for the recycle of the material. Whether or not RepU has a net asset value depends on the extent of any fuel service premiums that may apply, as well as on the evolution of prices in the various sectors of the fresh uranium fuel cycle route. Natural uranium prices today make RepU recycle look attractive but prices can and will change in the future. In addition, the economic view of recycle varies depending on whether or not the material is already recovered and stockpiled, or if it is a prospective product that could be recovered in existing or possible new reprocessing plants. This paper provides, in overview, a basis for assessing the conditions under which RepU may be considered a resource or a liability, as well as perspectives on the future evolution of front end commodity and service prices and the implications for the economic interest in recycle. (author)

  1. Insurance of operators liability: the reality principle

    The author's observations commence with -an overview of the principal amendments proposed in relation to the revision of the Paris Convention, in particular the inclusion of preventive measures, the definition of nuclear damage, the notion of reasonableness in respect of preventive measures and measures of reinstatement, increased liability amounts and extended prescription periods. He examines to what extent the insurance industry of today would be able to cover such risks, and the problems or doubts that it may encounter in doing so. This presentation also raises other questions which as yet remain unanswered, in particular the question of priorities and the role that complementary funding, namely the Brussels Supplementary Convention, will play in compensating victims. The author concludes by commenting on the current state of the insurance market. He suggests that before making irreversible political decisions in this field, Contracting Parties should, inter alia, carry out detailed analyses on the adequacy of the financial guarantees, in order to attain existing objectives and eliminate the obstacles which prevent the nuclear insurance market from being a competitive one. The author suggests that it might be in the interests of European nuclear operators to promote an insurance mechanism along the same lines as their American colleagues. (author)

  2. The role of procurement in liabilities management

    The new United Kingdom Atomic Energy Authority (UKAEA) has as its primary purpose the management of the liabilities left from the nuclear R and D programme. When it was set up in its present form in 1994 (as UKAEA Government Division) it had as its core functions programme management and procurement. It aimed to be involved in project implementation and operations only in so far as it needed to be for purposes of control as nuclear site licensee, or where otherwise this represented best value for money for the taxpayer. This paper describes how the clear definition and split of client and contractor roles has enabled UKAEA to promote the development of a competitive market in decommissioning, to the benefit of the taxpayer and industry. The importance of procurement at the various stages of planning and implementation are explained, along with some of the initiatives UKAEA has taken to improve client-contractor relationships. It is argued that UKAEA's approach has helped to define the boundaries of what is permissible in contractorization within the terms of a nuclear site licence. (author)

  3. The physician's civil liability under Danish law.

    Fenger, N; Broberg, M

    1991-01-01

    The physician's liability in Danish law is based on negligence, which is assessed by the courts largely on the basis of expert opinions. Such opinions are provided primarily by the Medico-Legal Council rather than by experts selected by the parties. The evaluation of negligence is based on a "reasonable man" standard and the performance expected of a competent colleague; a hospital will be responsible for the negligence of its employees. The burden of proof generally lies with the plaintiff; negligence will not be presumed and the assessment of the evidence of negligence will be adapted to the individual situation, e.g. factors such as the degree of specialization involved, the time which the physician had at his disposal to make his decision and the resources available to him will be taken into consideration. The courts have shown themselves willing to allow for the fact that doctors differ, i.e. recognizing that there must be scope for reasonable discretion. Because the culpa principle is central, the standard applied to medical knowledge will be that which pertained at the time of the treatment. Where a non-specialist is confronted with a problem which may go beyond the knowledge of his limits and experience, he is under an obligation to refer the patient. The principle of informed consent to treatment is accepted in Danish law, but such consent will readily be considered to have been given tacitly. PMID:23511859

  4. Liability problems arising from nuclear reactor accidents

    In case of damage to health or property, it has always been approved legal tradition in all highly developed legal systems to perform compensation for damage in money. This principle also applies to damage caused by nuclear accidents. In the F.R.G., care has been taken at a very early stage to provide for appropriate liability provisions to afford financial security to the extent required by the special hazards involved in the peaceful use of atomic energy. Recent events have shown that the legal provisions available are appropriate and practicable. Citizens affected will receive fair compensation for damage. The Federal Administrative Office so far counted 30.392 applications for compensation in compliance with section 38, sub-sec. (2) Atomic Energy Act. Up to June 16, 1986, payments for compensation of losses amounted to DM 38.7 millions. By accepting the claims for compensation the State provides protection for German nationals and persons of equal rank. A limitation to DM one billion for compensation for damage caused by nuclear energy seems to be appropriate also in the light of the Chernobyl reactor accident. (orig./HP)

  5. Canonical duties, liabilities of trustees and administrators.

    Morrisey, F G

    1985-06-01

    The new Code of Canon Law outlines a number of duties of those who have responsibility for administering the Church's temporal goods. Before assuming office, administrators must pledge to be efficient and faithful, and they must prepare an inventory of goods belonging to the juridic person they serve. Among their duties, administrators must: Ensure that adequate insurance is provided; Use civilly valid methods to protect canonical ownership of the goods; Observe civil and canon law prescriptions as well as donors' intentions; Collect and safeguard revenues, repay debts, and invest funds securely; Maintain accurate records, keep documents secure, and prepare an annual budget; Prepare an annual report and present it to the Ordinary where prescribed; Observe civil law concerning labor and social policy, and pay employees a just and decent wage. Administrators who carry out acts that are invalid canonically are liable for such acts. The juridic person is not liable, unless it derived benefit from the transaction. Liability is especially high when the sale of property is involved or when a contract is entered into without proper cannonical consent. Although Church law is relatively powerless to punish those who have been negligent, stewards, administrators, and trustees must do all they can to be truthful to the responsibility with which they have been entrusted. PMID:10271510

  6. Spent nuclear fuel disposal liability insurance

    This thesis examines the social efficiency of nuclear power when the risks of accidental releases of spent fuel radionuclides from a spent fuel disposal facility are considered. The analysis consists of two major parts. First, a theoretical economic model of the use of nuclear power including the risks associated with releases of radionuclides from a disposal facility is developed. Second, the costs of nuclear power, including the risks associated with a radionuclide release, are empirically compared to the costs of fossil fuel-fired generation of electricity. Under the provisions of the Nuclear Waste Policy Act of 1982, the federally owned and operated spent nuclear fuel disposal facility is not required to maintain a reserve fund to cover damages from an accidental radionuclide release. Thus, the risks of a harmful radionuclide release are not included in the spent nuclear fuel disposal fee charged to the electric utilities. Since the electric utilities do not pay the full, social costs of spent fuel disposal, they use nuclear fuel in excess of the social optimum. An insurance mechanism is proposed to internalize the risks associated with spent fueled disposal. Under this proposal, the Federal government is required to insure the disposal facility against any liabilities arising from accidental releases of spent fuel radionuclides

  7. Absolute calibration in vivo measurement systems

    Lawrence Livermore National Laboratory (LLNL) is currently investigating a new method for obtaining absolute calibration factors for radiation measurement systems used to measure internally deposited radionuclides in vivo. Absolute calibration of in vivo measurement systems will eliminate the need to generate a series of human surrogate structures (i.e., phantoms) for calibrating in vivo measurement systems. The absolute calibration of in vivo measurement systems utilizes magnetic resonance imaging (MRI) to define physiological structure, size, and composition. The MRI image provides a digitized representation of the physiological structure, which allows for any mathematical distribution of radionuclides within the body. Using Monte Carlo transport codes, the emission spectrum from the body is predicted. The in vivo measurement equipment is calibrated using the Monte Carlo code and adjusting for the intrinsic properties of the detection system. The calibration factors are verified using measurements of existing phantoms and previously obtained measurements of human volunteers. 8 refs

  8. Stimulus probability effects in absolute identification.

    Kent, Christopher; Lamberts, Koen

    2016-05-01

    This study investigated the effect of stimulus presentation probability on accuracy and response times in an absolute identification task. Three schedules of presentation were used to investigate the interaction between presentation probability and stimulus position within the set. Data from individual participants indicated strong effects of presentation probability on both proportion correct and response times. The effects were moderated by the ubiquitous stimulus position effect. The accuracy and response time data were predicted by an exemplar-based model of perceptual cognition (Kent & Lamberts, 2005). The bow in discriminability was also attenuated when presentation probability for middle items was relatively high, an effect that will constrain future model development. The study provides evidence for item-specific learning in absolute identification. Implications for other theories of absolute identification are discussed. (PsycINFO Database Record PMID:26478959

  9. Precise Measurement of the Absolute Fluorescence Yield

    Ave, M.; Bohacova, M.; Daumiller, K.; Di Carlo, P.; di Giulio, C.; San Luis, P. Facal; Gonzales, D.; Hojvat, C.; Hörandel, J. R.; Hrabovsky, M.; Iarlori, M.; Keilhauer, B.; Klages, H.; Kleifges, M.; Kuehn, F.; Monasor, M.; Nozka, L.; Palatka, M.; Petrera, S.; Privitera, P.; Ridky, J.; Rizi, V.; D'Orfeuil, B. Rouille; Salamida, F.; Schovanek, P.; Smida, R.; Spinka, H.; Ulrich, A.; Verzi, V.; Williams, C.

    2011-09-01

    We present preliminary results of the absolute yield of fluorescence emission in atmospheric gases. Measurements were performed at the Fermilab Test Beam Facility with a variety of beam particles and gases. Absolute calibration of the fluorescence yield to 5% level was achieved by comparison with two known light sources--the Cherenkov light emitted by the beam particles, and a calibrated nitrogen laser. The uncertainty of the energy scale of current Ultra-High Energy Cosmic Rays experiments will be significantly improved by the AIRFLY measurement.

  10. Adherence to the conventions for nuclear liability system

    After Chernobyl accident, there has been a continuous world-wide tendency to strengthen the nuclear third party liability system both at international and domestic level, such as adoption of the Protocol to Amend the Vienna Convention and the Convention on Supplementary Compensation for Nuclear Damage (the 'CSC'), the amendment of the Paris Convention and the Brussels Convention supplementary thereto, and improvements of domestic nuclear liability laws in various countries. Our Nuclear Liability Act was amended too in 2001. To complete the improvement of our nuclear liability system and to cope with the issue on the protocol for the nuclear liability to be concluded between the KEDO and the DPRK in accordance with the Supply Agreement, it is required for us to adhere to the CSC. In that case, the method to become a party to the CSC, a plan to implement the Conventions in domestic legislation, the person to bear the contribution to the fund of CSC should be studied carefully. In addition to the adherence to the CSC, the adherence of the Viennal Convention should be analysed separately in depth to acquire legal stability for the settlement of transboundary nuclear damage

  11. Financing of Liabilities Beyond the Service Life of Nuclear Installations

    L. Havlíček

    2006-01-01

    Full Text Available Operation of a nuclear installation is connected with the creation of long-term liabilities for spent fuel management and disposal, and also decommissioning of the installation (power plant, storages. This means that the operator will have to expend considerable amount of financial resources over a long period after the closure of installation. These financial resources will have to be created during operation of the installation. Related costs to be expended in future must be fully included in the price of electricity, in order to ensure fair competition among different operators. Financial resources for future coverage of liabilities must be continuously invested in order to compensate for inflation and to gain some real interest.Any failure by the operator to comply with its liabilities poses an economic and potentially an environmental hazard for operator’s country. Due attention must therefore be paid to assessing connected costs, defining liabilities and ensuring appropriate regulatory oversight. Appropriate measures must be well defined and firmly anchored in the legislation of countries operating nuclear installations. This paper reviews the basic principles that should ensure operator’s compliance their liabilities, and maps the current situation in the Czech Republic. 

  12. Det demokratiske argument for absolut ytringsfrihed

    Lægaard, Sune

    2014-01-01

    Artiklen diskuterer den påstand, at absolut ytringsfrihed er en nødvendig forudsætning for demokratisk legitimitet med udgangspunkt i en rekonstruktion af et argument fremsat af Ronald Dworkin. Spørgsmålet er, hvorfor ytringsfrihed skulle være en forudsætning for demokratisk legitimitet, og hvorf...

  13. Absolute-stability results in infinite dimensions

    Curtain, RF; Logemann, H; Staffans, O

    2004-01-01

    We derive absolute-stability results of Popov and circle-criterion type for infinite-dimensional systems in an input-output setting. Our results apply to feedback systems in which the linear part is the series interconnection of an input-output stable linear system and an integrator, and the nonline

  14. The Weyl functor - Introduction to Absolute Arithmetic

    Thas, Koen

    2014-01-01

    Starting from an ancient observation of Tits concerning the interpretation of symmetric groups as Chevalley groups over a (non-existing) field having only one element, we describe combinatorial geometry over this field, as well as Linear Algebra. We arrive at an "absolute mantra" which is one of the basic principles of the present book.

  15. Time Function and Absolute Black Hole

    Javadi, Hossein; Forouzbakhsh, Farshid

    2006-01-01

    Einstein’s theory of gravity is not consistent with quantum mechanics, because general relativity cannot be quantized. [1] But without conversion of force and energy, it is impossible to find a grand unified theory. A very important result of CPH theory is time function that allows we give a new ...... description of absolute black hole and before the big bang....

  16. Thin-film magnetoresistive absolute position detector

    Groenland, Johannes Petrus Jacobus

    1990-01-01

    The subject of this thesis is the investigation of a digital absolute posi- tion-detection system, which is based on a position-information carrier (i.e. a magnetic tape) with one single code track on the one hand, and an array of magnetoresistive sensors for the detection of the informatio

  17. Stimulus Probability Effects in Absolute Identification

    Kent, Christopher; Lamberts, Koen

    2016-01-01

    This study investigated the effect of stimulus presentation probability on accuracy and response times in an absolute identification task. Three schedules of presentation were used to investigate the interaction between presentation probability and stimulus position within the set. Data from individual participants indicated strong effects of…

  18. Solving Absolute Value Equations Algebraically and Geometrically

    Shiyuan, Wei

    2005-01-01

    The way in which students can improve their comprehension by understanding the geometrical meaning of algebraic equations or solving algebraic equation geometrically is described. Students can experiment with the conditions of the absolute value equation presented, for an interesting way to form an overall understanding of the concept.

  19. Teaching Absolute Value Inequalities to Mature Students

    Sierpinska, Anna; Bobos, Georgeana; Pruncut, Andreea

    2011-01-01

    This paper gives an account of a teaching experiment on absolute value inequalities, whose aim was to identify characteristics of an approach that would realize the potential of the topic to develop theoretical thinking in students enrolled in prerequisite mathematics courses at a large, urban North American university. The potential is…

  20. Magnetoresistive transducer for absolute position detection

    Groenland, J.P.J.

    1984-01-01

    In this paper a new method is presented for the measurement of absolute linear or angular position. The digital position information is recorded serially into one track of a suitable hard-magnetic medium. The stray field of this information layer determines the angular magnetisation distribution in

  1. Absolute Distance Measurements with Tunable Semiconductor Laser

    Mikel, Břetislav; Číp, Ondřej; Lazar, Josef

    T118, - (2005), s. 41-44. ISSN 0031-8949 R&D Projects: GA AV ČR(CZ) IAB2065001 Keywords : tunable laser * absolute interferometer Subject RIV: BH - Optics, Masers, Lasers Impact factor: 0.661, year: 2004

  2. ABSOLUTE MEASUREMENT OF THE GANIL BEAM ENERGY

    CASANDJIAN, JM; MITTIG, W; BEUNARD, R; GAUDARD, L; LEPINESZILY, A; VILLARI, ACC; AUGER, G; BIANCHI, L; CUNSOLO, A; FOTI, A; LICHTENTHALER, R; PLAGNOL, E; SCHUTZ, Y; SIEMSSEN, RH; WIELECZKO, JP

    1993-01-01

    The energy of the GANIL cyclotron beam was measured on-line during the Pb-208 + Pb-208 elastic scattering experiment ''Search for Color van der Waals Force in the Pb-208 + Pb-208 Mott scattering'' with an absolute precision of 7 x 10(-5) at approximately 1.0 GeV, which represents an improvement of o

  3. Sharp coincidences for absolutely summing multilinear operators

    Pellegrino, Daniel

    2012-01-01

    In this note we prove the optimality of a family of known coincidence theorems for absolutely summing multilinear operators. We connect our results with the theory of multiple summing multilinear operators and prove the sharpness of similar results obtained via the complex interpolation method.

  4. The Liability of the Employer and the Liability of the Employees between Civil Law and Labour Law

    Alexandru POPA

    2010-02-01

    Full Text Available The working relationships based on the individual labour contract have an unprecedented aspect in civil law, namely, inequity of parts during the performance of the contract. This inequity is transposed in theoretical and applicative plan by the existence of the subordination report between the employer and employee. The lack of balance of the forces between the two parts of the contract constituted the necessary element for the birth of the new law branch which, by its settlements, to compensate this drawback. Though, in matter of liability, this “law of inequity” does not distinguish as a creator of new and independent institutions from “the general law”, apparently confining only at the removing or compensating the premises of the parts inequity. Thus, the Romanian labour law create a specific institution named patrimonial liability which involve applicable rules in the legal relationship arise from the individual labour contract that represent an exception from the common rules of the civil liability but does not completely delimit from it and using it as a decipherer resource of its elements and as supplement resource.The patrimonial liability does not exclude in all the situations the co-existence of other forms of civil, contravention or criminal liability if the necessary elements for their incidence occur.

  5. Managing liabilities which arise out of radioactive waste

    The Atomic Energy Act has established a comprehensive regulatory program which governs the management of most radioactive wastes. There are substantial civil and criminal penalties for violations. In addition, environmental statutes such as the Resource Conservation and Recovery Act and the Superfund law impose liabilities on managers of ''non-nuclear'' hazardous wastes. The availability of common law remedies by private parties subjects companies and their officers and employees, and in some cases the government, to liability for personal injuries or property damage. An environmental manager at any facility where radioactive materials are being handled must be aware of these potential liabilities and should engage in a regular program of environmental auditing to ensure compliance

  6. The liability rules under international GHG emissions trading

    Article 17 of the Kyoto Protocol authorizes emissions trading, but the rules governing emissions trading have been deferred to subsequent conferences. In designing and implementing an international greenhouse gas (GHG) emissions trading scheme, assigning liability rules has been considered to be one of the most challenging issues. In general, a seller-beware liability works well in a strong enforcement environment. In the Kyoto Protocol, however, it may not always work. By contrast, a buyer-beware liability could be an effective deterrent to non-compliance, but the costs of imposing it are expected to be very high. To strike a middle ground, we suggest a combination of preventive measures with strong but feasible end-of-period punishments to ensure compliance with the Kyoto emissions commitments. Such measures aim to maximize efficiency gains from emissions trading and at the same time, to minimize over-selling risks. (author)

  7. Optimizing the Banking Activity Using Assets & Liabilities Management

    Vasile Dedu

    2008-10-01

    Full Text Available In the actual study, starting from the international experience, we revealed the role that should be taken by the Assets and Liabilities Committee (ALCO within the Romanian commercial banks. ALCO became one of the tools used by the executive management of the banks to take decisions regarding the future policy of assets and liabilities management, relying on the synthetic information prepared by well trained technicians but without voting right (usually middle management staff. We consider that the implementation of an assets and liabilities management strategy cannot be done without an appropriate corporate governance structure, even though the bank is having highly specialized staff. Models of some western banking institutions may be considered as benchmarks by the Romanian banks.

  8. The 1968 Brussels convention and liability for nuclear damage

    The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage. This paper begins by summarizing the approach of the Paris and Vienna Conventions. It then analyses the jurisdictional rules applicable to accidents and damage occurring in States which are not party to one of the two dedicated international nuclear regimes, concentrating the attention on the rules applicable in the European context, rules which can be found in the 1968 Brussels Convention. Finally it looks at the solutions given to some of the issues analysed in this article, issues addressed by the Irish courts in a ongoing case. (A.L.B.)

  9. Nuclear liability in the Russian Federation: the problem of indemnities

    The reason for reform of the nuclear liability legislation in the Russian Federation lies not only in the necessity to improve the nuclear legislation itself but is also due to the need for legal reform in general in Russia following the transition to a market economy. The Civil code of the Russian Federation is being reformed at present and has already been substantially modified. The norms and principles of the International agreements to which the Russian Federation is a Party are incorporated into the national legal system. In the event of contradiction between international and internal norms, the former take priority. The first part of this presentation is devoted to the detailed analysis of arrangements governing the liability of nuclear operators. The liability, the field of application, the covered damages, the exemption and limitations system, the financial guarantee and the government intervening are given. Some gaps or contradictions are still existing but a new specific legislation is actually studied. (N.C.)

  10. Unlimited liability will not automatically establish unlimited coverage

    Comments from the point of view of insurance companies. The plans of the Federal Ministry of the Interior to reform nuclear liability law in the Federal Republic of Germany, especially the intention to abolish the maximum liability limit, were commented upon also from the point of view of the insurance companies at the 6th German Atomic Energy Law Symposium. Reference was made, above all, to the problems which could arise from the fact that insurance companies need broad international backing and, accordingly, harmonization with the liability rules and conditions valid in other countries, in order to cover the high nuclear risks. Another problem to which attention was drawn was the need for evidence in catastrophic cases and the capability to settle cases of damage arising under such conditions. (orig.) 891 HP/orig. 892 MB

  11. Liability for industrial disasters: law and democracy

    Lalo, A. [Nice Univ., 06 (France)

    1998-07-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error,of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and

  12. Liability for industrial disasters: law and democracy

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error, of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and function. The ethics of responsibility on which the citizens insisted shows the developing notion of 'precaution

  13. 48 CFR 1426.7103 - The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund...

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors Utilization... Environmental Response, Compensation, and Liability Act (CERCLA) (Superfund Minority Contractors...

  14. Liability of the supervisor under petroleum drilling contract

    Petroleum industry supervision is not properly regulated by current legislation. This results in the lack of common vision to the provision of such kind of services, the uncertainty of the subject under contract as well as the degree of supervisor's liability for improper duty performance. The article discusses the main issues of supervisor services contract. Considering supervising specifications, place of supervisor in the system of customer-contractor relations during work realization is marked. The authors highlight the degree of supervisor organization liability and conceptually new approach to its definition

  15. Wage and Injury Response to Shifts in Workplace Liability

    Butler, Richard J.; John D. Worrall

    2008-01-01

    This paper examines the impact of a monumental change in tort liability law, the Federal Employers' Liability Act (FELA) of 1908. This shift from common law, by changing the way injured workers were compensated and the compensating wage differentials for risk bearing, set the stage for workers' compensation and other no-fault systems. Focusing on the New Jersey railroad system, the authors examine three periods: the pre-FELA years of 1900–1908; 1909–11, when the FELA laws were the only ch...

  16. Nuclear liability in the course of transport - some insurance aspects

    This presentation deals with some legal and practical problems in the transport liability field, problems the author has met over the years as an insurer of nuclear risks. The intention is not to give a presentation of the nuclear liability rules as such, which should be familiar to the reader, neither to give an overall survey of the insurance procedures as regards transport of nuclear substances. It will just point out a few questions that are typical for this kind of business and that might be of interest for those who in one way or another might be involved in the insurance of nuclear transports

  17. Professional Liability Insurance Contracts: Claims Made Versus Occurrence Policies

    Martin Boyer; Karine Gobert

    2009-01-01

    One of the major contract innovation in liability insurance during the liability crisis of the early 1980s was the introduction of claims-made and reported insurance contracts. Typical insurance contracts are based on loss occurrence (i.e., occurrence-based contracts), which means that a loss incurred in a given year is covered by the insurance contract for that year, no matter when the claims is actually reported. In a claims-made contract, losses are covered in the year in which they are re...

  18. The problem of Russian legislation on liability for nuclear damage

    This paper stresses the need for adoption in Russia of legislation on civil liability in the nuclear field, particularly in the light of current misgivings on the safety of presently-operating, Chernobyl-type nuclear power plants. The authors refer to the Paris and Vienna Conventions, when revised and improved, as a model. They then analyze the provisions they consider suitable for inclusion in nuclear civil liability law, recommending that a reasonable balance be maintained between the interest of victims and that of operators and delimiting the scope of application of this special legislation, account being taken of the provisions of the ordinary law on offenses. 5 refs

  19. Liability and compensation for nuclear damage. An international overview

    The potential hazards of nuclear power have been acknowledged since the inception of the nuclear power industry. While the risks of accidents are low, the consequences may be both severe and widespread, affecting the populations and environment of many countries. This book describes the legal regime established to deal with the aftermath of a nuclear accident and the reappraisal of that regime following the Chernobyl disaster. It focuses particularly on the international regime, but includes an account of certain national legislations and of system of nuclear liability insurance. Schedules provide texts of the major international nuclear liability conventions. (Authors)

  20. Nuclear liability legislation in the Republic of Croatia

    This paper contains same basic data about the legal norms relating to the third party liability system for nuclear damage that are in force in Croatia. It also describes the provisions of the new Croatian Act on Liability for Nuclear Damage, giving emphasis on those implementing substantial changes compared to the old Act. Finally, it contains some remarks relating to the possible adoption of Vienna Protocol and Convention on Supplementary Compensation of 1997 or Pariz/Brussels conventions as an alternative and at the end about the practice on the insurance of nuclear risks in the last twenty years by the Croatian Pool. (author)

  1. 1997 Vienna convention on civil liability for nuclear damage

    This consolidated text of the 1963 Vienna Convention on Civil Liability for Nuclear Damage as amended by the 1997 protocol thereto has been established by the Secretariat of the IAEA as required by that protocol. The consolidated text does not have final clauses of its own. A State wishing to adhere to the 1963 Vienna Convention as amended by the 1997 protocol may do so by adhering to the 1997 protocol in accordance with its terms. Reference to the 'Protocol' in this consolidated text means the 1997 'Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage'

  2. ENVIRONMENTAL LIABILITIES ACCOUNTING: AN REVIEW OF SOME STANDARDS AND GUIDELINES

    NUTA Florian

    2012-12-01

    Full Text Available The paper’s aim is to assess the recent developments of standards and guidelines regarding the environmental liabilities treatment and reporting. The proliferation of environmental accidents and opening economic consequences on businesses affected by any environmental liabilities accounting purposes has become an inevitable issue for all the enterprises. To overcome the negative effects of these issues upon the financial performance the professional organisms issued different methods and tools for a more comprehensive approach of non-financial forces that occur.

  3. Providing long term care for sex offenders: liabilities and responsibilities.

    Corson, Tyler Rogers; Nadash, Pamela

    2013-11-01

    The high risk for recidivism among sex offenders who need long term care (LTC) raises serious issues when they are cared for alongside frail, vulnerable adults. LTC providers must balance offenders' right to access care with other residents' right to be free from abuse and must assess and manage the risks associated with admitting offenders. This article identifies sources of legal liability that derive from sex offender management and discusses the need for the LTC community to develop reasonable, balanced guidance on how best to mitigate the risks associated with sex offenders, protect the rights of all residents, and reduce provider liabilities. PMID:24094899

  4. Liability of the supervisor under petroleum drilling contract

    Sizov, A.; Tretyakov, K.; Boyarko, G.; Shenderova, I.

    2015-02-01

    Petroleum industry supervision is not properly regulated by current legislation. This results in the lack of common vision to the provision of such kind of services, the uncertainty of the subject under contract as well as the degree of supervisor's liability for improper duty performance. The article discusses the main issues of supervisor services contract. Considering supervising specifications, place of supervisor in the system of customer-contractor relations during work realization is marked. The authors highlight the degree of supervisor organization liability and conceptually new approach to its definition.

  5. Dispensing medical countermeasures: emergency use authorities and liability protections.

    Kels, Charles G

    2015-01-01

    The Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 (PAHPRA) enhances emergency use authorities with respect to both approved and unapproved medical countermeasures (MCMs). PAHPRA authorities can also be critical to preserving tort liability protections for public health stakeholders, since these protections are often contingent upon appropriate authorizations for the MCMs utilized. This article details the evolution of emergency use authorities and liability protections, analyzes how these separate legal doctrines can intersect in practice, and discusses implications for facilitating preparedness and response activities and for protecting associated personnel. PMID:25813980

  6. Nature and finality of liability insurance support to nuclear operators

    First the specific features of the law originated from the Paris Convention of 1960 is described: strict liability channeled on the operator, the both principles being already underlying in the insurance policies delivered to nuclear operators before their introduction in the internal legislation of the countries that ratified the convention. Then the specific services expected from the liability Insurer are reviewed and the method now prevailing for a rating approach of the risks is analyzed. The new rating techniques that could be justified by speeding up the erection program of nuclear plants through the world are surveyed

  7. State-Price Deflators and Risk-Neutral valuation of Life Insurance Liabilities

    Bell Fanon Ouelega

    2013-01-01

    Worldwide life insurance regulations are converging towards stochastic valuation of liabilities. Some regulatory framework requires the actuary to estimate the market consistent value of the liabilities. Often, a risk neutral ESG is used to project and discount future liabilities cash flows. Life insurer’s liabilities cash flows are impacted by policyholders’ dynamics: lapses, dynamic lapses, and surrenders. Such dynamics are related to economic variables for which applying risk-neutrality is...

  8. Absolute calibration of TFTR helium proportional counters

    The TFTR helium proportional counters are located in the central five (5) channels of the TFTR multichannel neutron collimator. These detectors were absolutely calibrated using a 14 MeV neutron generator positioned at the horizontal midplane of the TFTR vacuum vessel. The neutron generator position was scanned in centimeter steps to determine the collimator aperture width to 14 MeV neutrons and the absolute sensitivity of each channel. Neutron profiles were measured for TFTR plasmas with time resolution between 5 msec and 50 msec depending upon count rates. The He detectors were used to measure the burnup of 1 MeV tritons in deuterium plasmas, the transport of tritium in trace tritium experiments, and the residual tritium levels in plasmas following 50:50 DT experiments

  9. An absolute measure for a key currency

    Oya, Shunsuke; Aihara, Kazuyuki; Hirata, Yoshito

    It is generally considered that the US dollar and the euro are the key currencies in the world and in Europe, respectively. However, there is no absolute general measure for a key currency. Here, we investigate the 24-hour periodicity of foreign exchange markets using a recurrence plot, and define an absolute measure for a key currency based on the strength of the periodicity. Moreover, we analyze the time evolution of this measure. The results show that the credibility of the US dollar has not decreased significantly since the Lehman shock, when the Lehman Brothers bankrupted and influenced the economic markets, and has increased even relatively better than that of the euro and that of the Japanese yen.

  10. From Hubble's NGSL to Absolute Fluxes

    Heap, Sara R.; Lindler, Don

    2012-01-01

    Hubble's Next Generation Spectral Library (NGSL) consists of R-l000 spectra of 374 stars of assorted temperature, gravity, and metallicity. Each spectrum covers the wavelength range, 0.18-1.00 microns. The library can be viewed and/or downloaded from the website, http://archive.stsci.edu/prepds/stisngsll. Stars in the NGSL are now being used as absolute flux standards at ground-based observatories. However, the uncertainty in the absolute flux is about 2%, which does not meet the requirements of dark-energy surveys. We are therefore developing an observing procedure that should yield fluxes with uncertainties less than 1 % and will take part in an HST proposal to observe up to 15 stars using this new procedure.

  11. Absolute Parallelism Geometry: Developments, Applications and Problems

    Wanas, M. I.

    2002-01-01

    Absolute parallelism geometry is frequently used for physical applications. It has two main defects, from the point of view of applications. The first is the identical vanishing of its curvature tensor. The second is that its autoparallel paths do not represent physical trajectories. The present work shows how these defects were treated in the course of development of the geometry. The new version of this geometry contains simultaneous non-vanishing torsion and curvatures. Also, the new paths...

  12. Cosmological frames for theories with absolute parallelism

    Ferraro, Rafael; Fiorini, Franco

    2011-01-01

    The vierbein (tetrad) fields for closed and open Friedmann-Robertson-Walker cosmologies are hard to work out in most of the theories featuring absolute parallelism. The difficulty is traced in the fact that these theories are not invariant under local Lorentz transformations of the vierbein. We illustrate this issue in the framework of f(T) theories and Born-Infeld determinantal gravity. In particular, we show that the early Universe as described by the Born-Infeld scheme is singularity free ...

  13. Absolute clock synchronisation and special relativity paradoxes

    Ciborowski, Jacek; Wlodarczyk, Marta

    2012-01-01

    Solving special relativity paradoxes requires rigorous analysis of event timing, due to relative simultaneity in consequence of the Lorentz transformation. Since clock synchronisation is a convention in special theory of relativity, instead of the Einstein's procedure one may choose such that offers absolute simultaneity. We present in short the corresponding formalism in one spatial dimension. We show that paradoxes do not arise with this choice of synchronisation and descriptions of these i...

  14. Absolute distance metrology for space interferometers

    Swinkels, B L; Bhattacharya, N; Wielders, A.A.; Braat, J.J.M.

    2005-01-01

    Future space missions, among which the Darwin Space Interferometer, will consist of several free flying satellites. A complex metrology system is required to have all the components fly accurately in formation and have it operate as a single instrument. Our work focuses on a possible implementation of the sub-system that measures the absolute distance between two satellites with high accuracy. For Darwin the required accuracy is on the order of 70 micrometer over a distance of 250 meter. We a...

  15. An absolute deviation approach to assessing correlation.

    Gorard, S.

    2015-01-01

    This paper describes two possible alternatives to the more traditional Pearson’s R correlation coefficient, both based on using the mean absolute deviation, rather than the standard deviation, as a measure of dispersion. Pearson’s R is well-established and has many advantages. However, these newer variants also have several advantages, including greater simplicity and ease of computation, and perhaps greater tolerance of underlying assumptions (such as the need for linearity). The first alter...

  16. The absolute differential calculus (calculus of tensors)

    Levi-Civita, Tullio

    2013-01-01

    Written by a towering figure of twentieth-century mathematics, this classic examines the mathematical background necessary for a grasp of relativity theory. Tullio Levi-Civita provides a thorough treatment of the introductory theories that form the basis for discussions of fundamental quadratic forms and absolute differential calculus, and he further explores physical applications.Part one opens with considerations of functional determinants and matrices, advancing to systems of total differential equations, linear partial differential equations, algebraic foundations, and a geometrical intro

  17. 26 CFR 1.404(g)-1 - Deduction of employer liability payments.

    2010-04-01

    ... Termination of Sufficient Plans. See PBGC regulations, 29 CFR 2617.13(b) for rules concerning these... 26 Internal Revenue 5 2010-04-01 2010-04-01 false Deduction of employer liability payments. 1.404... Deduction of employer liability payments. (a) General rule. Employer liability payments shall be treated...

  18. Measurement of absolute gravity acceleration in Firenze

    M. de Angelis

    2011-01-01

    Full Text Available This paper reports the results from the accurate measurement of the acceleration of gravity g taken at two separate premises in the Polo Scientifico of the University of Firenze (Italy. In these laboratories, two separate experiments aiming at measuring the Newtonian constant and testing the Newtonian law at short distances are in progress. Both experiments require an independent knowledge on the local value of g. The only available datum, pertaining to the italian zero-order gravity network, was taken more than 20 years ago at a distance of more than 60 km from the study site. Gravity measurements were conducted using an FG5 absolute gravimeter, and accompanied by seismic recordings for evaluating the noise condition at the site. The absolute accelerations of gravity at the two laboratories are (980 492 160.6 ± 4.0 μGal and (980 492 048.3 ± 3.0 μGal for the European Laboratory for Non-Linear Spectroscopy (LENS and Dipartimento di Fisica e Astronomia, respectively. Other than for the two referenced experiments, the data here presented will serve as a benchmark for any future study requiring an accurate knowledge of the absolute value of the acceleration of gravity in the study region.

  19. The governance of publicly traded limited liability companies

    Gomtsyan, S.

    2014-01-01

    The limited liability company is not only a widespread business form for non-listed firms but also is used by listed companies. There were 20 publicly traded Delaware LLCs in September 2013. Given the policy of the Delaware legislators and courts to give a maximum effect to the principle of freedom

  20. A critical review of the Chilean civil nuclear liability regime

    This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

  1. 13 CFR 115.19 - Denial of liability.

    2010-01-01

    ... guarantee application. (a) Excess Contract or bond amount. The total Contract or Order amount at the time of... Section 115.19 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION SURETY BOND GUARANTEE Provisions for All Surety Bond Guarantees § 115.19 Denial of liability. Except for bonds executed on or...

  2. Vienna convention on civil liability for nuclear damage

    The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23

  3. Criminal Liability of Managers for Excessive Risk-Taking?

    Tosza, S.T.

    2016-01-01

    The aim of the thesis was to analyse and evaluate the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were powerfully highlighted by the most recent financial crunch, although its danger

  4. 26 CFR 31.3403-1 - Liability for tax.

    2010-04-01

    ... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for tax. 31.3403-1 Section 31.3403-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Collection...

  5. 26 CFR 31.3111-4 - Liability for employer tax.

    2010-04-01

    ... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for employer tax. 31.3111-4 Section...) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of 1954) Tax on...

  6. 78 FR 75471 - Section 3504 Agent Employment Tax Liability

    2013-12-12

    ... Department and the IRS published a notice of proposed rulemaking (REG-137036-08, 75 FR 1735, 2010-6 I.R.B... Internal Revenue Service 26 CFR Part 31 RIN 1545-BI21 Section 3504 Agent Employment Tax Liability AGENCY... employers and their designated agents who pay wages for home care services, which are subject to taxes...

  7. 9 CFR 11.20 - Responsibilities and liabilities of management.

    2010-01-01

    ... 9 Animals and Animal Products 1 2010-01-01 2010-01-01 false Responsibilities and liabilities of management. 11.20 Section 11.20 Animals and Animal Products ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE ANIMAL WELFARE HORSE PROTECTION REGULATIONS § 11.20 Responsibilities...

  8. 76 FR 18366 - Federal Home Loan Bank Liabilities

    2011-04-04

    ... Loan Banks, 76 FR 5292 (Jan. 31, 2011). Rather than make changes at this time to proposed provisions in... to authority under section 11(a) of the Bank Act. See 65 FR 36290 (June 7, 2000) (adopting among... Bank Liabilities, 75 FR 68534 (Nov. 8, 2010). FHFA is now adopting these rule changes. These...

  9. 16 CFR 432.6 - Liability for violation.

    2010-01-01

    ... UTILIZED IN HOME ENTERTAINMENT PRODUCTS § 432.6 Liability for violation. If the manufacturer or, in the..., of any product covered by this part furnishes the information required or permitted under this part, then any other seller of the product shall not be deemed to be in violation of § 432.5 of this part...

  10. The Brussels I Regulation and Liability for Nuclear Damage

    Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 ('the Paris Convention'). The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 ('the Vienna Convention'). In various discussions, the term 'nuclear liability patchwork' is used to describe this existing situation. One of the problems arising from this 'patchwork' is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union ('EU') by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ('Brussels Regulation'), this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation. This paper aims to outline the 'patchwork' of these rules that are applicable to nuclear third party liability cases in the EU and to point out the main consequences arising from this legal framework difficult to comprehend.5 Its scope, however, is limited to the legal issues arising from a nuclear incident occurring in a nuclear installation situated within the territory of the European Union

  11. Corporal Punishment and Teacher Liability: Questions Teachers Ask.

    McDaniel, Thomas R.

    1980-01-01

    The author answers some of the central questions--legal and pedagogical--relating to the use of corporal punishment by teachers. He presents guidelines on corporal punishment which can reduce the likelihood of liability, but suggests, given the potential for lawsuits, that teachers adopt alternative forms of discipline. (Author/SJL)

  12. The Campus Executive's Role in Security and Liability Issues.

    Bromley, Max; Territo, Leonard

    1986-01-01

    Executives at institutions of higher education have become increasingly concerned about serious crimes being committed on their campuses. The liability issue, criminal activity information, physical security and design issues, student patrol escorts, crime prevention training, and task force development are discussed. (MLW)

  13. Intellectual property liability of consumers, facilitators, and intermediaries

    Heath, C.; Kamperman Sanders, A.W.J.

    2012-01-01

    With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting othe

  14. Increased liability amounts under the 1997 Vienna protocol and elsewhere

    This article details the system of compensation according to the Conventions on nuclear civil liability. It notices that there are not enough participant countries and the level of the financial guarantee is very low. Several examples, especially in Eastern countries, are given. (N.C.)

  15. A Spectrum of Liabilities for Off-Campus Housing

    Cormier, Mary-Pat

    2015-01-01

    The focus of this article is liability of higher education institutions for off-campus housing. In the off-campus housing context, the "assumed duty" theory was determinative in a 2006 Delaware Supreme Court case. A student was assaulted by the boyfriend of another student in the parking lot of off-campus housing. The housing was…

  16. Liability and limits for the rena pollution incident

    Makgill, R.; Mossop, J.; Scott, K.

    2012-01-01

    Law of the sea experts Robert Makgill, Joanna Mossop and Karen Scott give their views on civil and criminal liability for oil pollution in New Zealand under the Maritime Transport Act 1994, and the Resource Management Act 1991, in the wake of the grounding of the MV Rena on Astrolabe Reef on 5 October 20112 and the subsequent oil spill.

  17. Liabilities of the competent person for radiation protection

    The article R. 4456-1 of the Labour code requires employer to appoint a competent person for radiation protection (C.P.R.). Although the prerogatives of the CPR are exercised under the responsibility of the employer, the traditional rules of questioning the liability apply to the employer as well as to the C.P.R.. For the civil liability, the object of which is to guarantee the compensation of damage by its author, but also for the criminal liability, which aims at punishing an illegal behaviour, the C.P.R. does not escape these traditional rules which, however, apply in a particular way considering the daily missions of the C.P.R.. If the responsibility of the employer is more questioned, notably because of the authority he/she exercises on his/her employee, the C.P.R. must not be considered as irresponsible regarding civil and penal requirements; the C.P.R. may indeed be questioned by an employee victim of damage. The activity of the C.P.R. (and thus the cases allowing the questioning of its liability) rests widely on the means which it has and the context in which it discharges its missions. Moreover the judge does take into account the resources which an agent has to judge his responsibility. Thus, the relations of the C.P.R. with other actors of the radiation protection, internal or external in the establishment, are determining. (author)

  18. 18 CFR 367.15 - Contingent assets and liabilities.

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Contingent assets and... ACT General Instructions § 367.15 Contingent assets and liabilities. Contingent assets represent a possible source of value to the service company contingent upon the fulfillment of conditions regarded...

  19. 40 CFR 80.23 - Liability for violations.

    2010-07-01

    ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations. 80.23 Section 80.23 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS... the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries...

  20. Reasonable Foreseeability and Liability in Relation to Genetically Modified Organisms

    Khoury, Lara; Smyth, Stuart

    2007-01-01

    This article examines problems that may arise when addressing liability resulting from the genetic modification of microbes, animals, and plants. More specifically, it evaluates how uncertainties relating to the outcomes of these biotechnological innovations affect--or may affect--the courts' application of the reasonable foreseeability…

  1. 7 CFR 1767.19 - Liabilities and other credits.

    2010-01-01

    ... shall include the accrued liability for salaries and wages at the end of an accounting period for which..., DEPARTMENT OF AGRICULTURE (CONTINUED) ACCOUNTING REQUIREMENTS FOR RUS ELECTRIC BORROWERS Uniform System of... period. Examples of other comprehensive income include foreign currency items, minimum pension...

  2. 48 CFR 1327.201 - Patent and copyright infringement liability.

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright infringement liability. 1327.201 Section 1327.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent...

  3. 32 CFR 516.18 - Litigation alleging individual liability.

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Litigation alleging individual liability. 516.18 Section 516.18 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Reporting Legal Proceedings to HQDA § 516.18 Litigation...

  4. Report on state liability for radioactive materials transportation incidents: A survey of laws

    1989-10-01

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board`s (SSEB`s) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations.

  5. Organizational liability for adverse reactions to the contrast media

    Contrast medium is a very useful tool for X-ray examinations. But contrast medium has some unavoidable adverse reactions. For those patients who have never received contrast medium before, it is impossible to predict whether they will suffer from certain kinds of adverse reactions. Thus, radiologists should use strategies to minimize adverse events and be prepared to promptly recognize and manage any reactions to the contrast media. If a radiologist commits medical malpractice, he will face civil responsibility. Medical malpractice means a tort or breach of contrast that occurs in a medical setting. Medical malpractices happen, despite the efforts of hospital staff. Many courts have applied the traditional doctrine of respondeat superior in actions against organizations for injuries caused by their employees. It is a legal doctrine, which states that an employer is responsible for employee actions performed within the course of the employment. A hospital is an organization for health purposes. An organization may be convicted of an offense committed by an employee of the organization acting in its behalf and within the scope of this office or employment. Organizational liability involves a wide variety of legal issues, including tort liability, wrongful employment practices, personal injury, breach of fiduciary duty, and so on. Many executive directors of organizations are aware of their personal and organizational risks of exposure to legal liabilities. The employer must have the right to control the physical conduct of the employee and must consent to receive the employee's services, while expecting some benefits from the services offered. Therefore, legal liability can be imposed for improper selection, assignment, training, and supervision of employees. In conclusion, the hospital itself has organizational liability for adverse reactions to the contrast medium

  6. Analysis Brazilian preference shares: financial liabilities or equity instruments?

    Diana Lucia de Almeida

    2016-05-01

    Full Text Available The Brazilian preference shares, in general, except when they present specific features, such as mandatory redemption and cumulative dividends, meet the accounting definition of equity instruments. However, the scientific literature believes that those shares that do not have discretion to avoid the delivery of cash must be classified as financial liabilities. In a context in which remain differences of understanding of their proper accounting treatment, the following question arises: preferred shares of Brazilian companies are being recognized in the financial statements in accordance with the theoretical and normative precepts? Thus, the aim of this study is to verify if the preference shares of Brazilian companies have been recognized in the financial statements for according to the scientific literature and accounting standards. Through content analysis, we analyzed the information of 157 companies listed on BM&FBOVESPA. The results show that 155 companies classify its preference shares as equity instruments and two as financial liabilities. These two companies, as well as 149 of those which qualify as equity instruments, are treating them properly in its accounting. The other six companies should present its preference shares as liabilities, given the absence of discretion to avoid cash delivery, feature present in financial liabilities, unlike equity instruments. It is noticed that, unlike what happens, for instance, in the US market, it is not possible to classify all Brazilian preference shares as a financial liability, since, in Brazil , they are used in different legal format of those widely found in that market. Moreover, almost all of the analyzed shares have essential features for classification as equity instruments. Hence, the importance of analysis of the economic essence of each instrument, thus, enabling the appropriate accounting treatment in the financial statements.

  7. Liability for damage caused by ground subsidence in the Netherlands. The role of the Mining Law and the Technical Committee Ground Subsidence

    This article provides an overview of the legal regulatory framework in respect of movements of the soil (i.e. subsidence and earth tremors) following the exploration and extraction of minerals in the Netherlands, and the liability for the damage they cause. This legal framework has been changed considerably since the new Mining Act came into force on January 1st, 2003. After having examined the causes of subsidence and subsequent earth tremors, and relationships with the exploration and extraction of subsoil minerals such as oil, gas, salt and coal, the article continues by presenting the legislation of this area. The authors analyse the applicable legislation before as well as after the introduction of the new Mining Act. The two judicial regimen have a similar approach: While the rules and regulations concerning earth movements are laid down in the Mining Act, the legal foundation for the liability for damage resulting from earth movements is provided by the Civil Code. The parliamentary debates on the Mining Bill specifically dealt with the issue of earth movements and the question whether either a system of absolute (vicarious) liability would apply, or a system of strict liability. One of the reasons for not having a system of absolute liability was the wish of Parliament to lay down in the Mining Act provisions for the creation of a Technical Committee on Earth Movements. It is the remit of this Committee to advise the Minister of Economic Affairs on all matters related to movements of the soil. It's duty is also to advise on the causal) relationship between mining activities and earth movements, and the amount of damages to be paid by the mining companies, at the request of individual persons. In order to avoid individuals not receiving any compensation for damages, the new Mining Act also calls for the introduction of a special Fund for Mining Damages. Individual persons would be entitled to make a claim to this fund in situations such as the mining company

  8. Personal protection: vicarious liability as applied to the various business structures.

    Winrow, Brian; Winrow, Amanda R

    2008-01-01

    Within the field of midwifery, the issue of vicarious liability has become an emerging issue. The doctrine of respondeat superior imputes liability to an employer without direct negligence. While the issue of vicarious liability has been explored in the past, those studies were focused on the vicarious liability of certified nurse-midwives/certified midwives (CNMs/CMs) for the negligence of their employees. This article explores the issue of vicarious liability under the doctrine of respondeat superior as applied within a practice consisting of two or more co-owners. This issue is of heightened importance, because CNMs/CMs increasingly enter into ventures with other CNMs/CMs in order to pool their resources. Many CNMs/CMs unsuspectingly assume the risks for the malpractice of their colleagues. This increased risk can be minimized by forming their practice as a limited liability entity, thus avoiding personal liability for the malpractice of their co-owner(s). PMID:18308265

  9. The National Geodetic Survey absolute gravity program

    Peter, George; Moose, Robert E.; Wessells, Claude W.

    1989-03-01

    The National Geodetic Survey absolute gravity program will utilize the high precision afforded by the JILAG-4 instrument to support geodetic and geophysical research, which involves studies of vertical motions, identification and modeling of other temporal variations, and establishment of reference values. The scientific rationale of these objectives is given, the procedures used to collect gravity and environmental data in the field are defined, and the steps necessary to correct and remove unwanted environmental effects are stated. In addition, site selection criteria, methods of concomitant environmental data collection and relative gravity observations, and schedule and logistics are discussed.

  10. Prospects for absolute neutron activation analysis

    The desirability for absolute neutron activation analysis(ANAA) is two-fold. Results by the comparitor method are only as good as the standards used, and also the method offers a chance of having the final results available within minutes of completing the analysis. In the past ANAA was not seriously considered because of the scarcity and poor qaulity of the nuclear data that were available. This situation is however steadily improving and the possible applications are being investigated. This report reviews the present status by considering the basic activation equation, calculation of parameters, the factors of importance and the size error one might expect

  11. Brownian motion: absolute negative particle mobility.

    Ros, Alexandra; Eichhorn, Ralf; Regtmeier, Jan; Duong, Thanh Tu; Reimann, Peter; Anselmetti, Dario

    2005-08-18

    Noise effects in technological applications, far from being a nuisance, can be exploited with advantage - for example, unavoidable thermal fluctuations have found application in the transport and sorting of colloidal particles and biomolecules. Here we use a microfluidic system to demonstrate a paradoxical migration mechanism in which particles always move in a direction opposite to the net acting force ('absolute negative mobility') as a result of an interplay between thermal noise, a periodic and symmetric microstructure, and a biased alternating-current electric field. This counterintuitive phenomenon could be used for bioanalytical purposes, for example in the separation and fractionation of colloids, biological molecules and cells. PMID:16107829

  12. Musical Activity Tunes Up Absolute Pitch Ability

    Dohn, Anders; Garza-Villarreal, Eduardo A.; Ribe, Lars Riisgaard; Wallentin, Mikkel; Vuust, Peter

    2014-01-01

    Absolute pitch (AP) is the ability to identify or produce pitches of musical tones without an external reference. Active AP (i.e., pitch production or pitch adjustment) and passive AP (i.e., pitch identification) are considered to not necessarily coincide, although no study has properly compared......, we found that APs generally undershoot when adjusting musical pitch, a tendency that decreases when musical activity increases. Finally, APs are less accurate when adjusting the pitch to black key targets than to white key targets. Hence, AP ability may be partly practice-dependent and we speculate...

  13. Absolute Priority for a Vehicle in VANET

    Shirani, Rostam; Hendessi, Faramarz; Montazeri, Mohammad Ali; Sheikh Zefreh, Mohammad

    In today's world, traffic jams waste hundreds of hours of our life. This causes many researchers try to resolve the problem with the idea of Intelligent Transportation System. For some applications like a travelling ambulance, it is important to reduce delay even for a second. In this paper, we propose a completely infrastructure-less approach for finding shortest path and controlling traffic light to provide absolute priority for an emergency vehicle. We use the idea of vehicular ad-hoc networking to reduce the imposed travelling time. Then, we simulate our proposed protocol and compare it with a centrally controlled traffic light system.

  14. ABSOLUT LOMO绝对创意

    婷婷(整理)

    2007-01-01

    ABSOLUT与创意素来有着不解之缘。由Andy Warhal的ABSOLUT WARHOL至今,已有超过400位不同领域的创意大师为ABSOLUT的当代艺术宝库贡献了自己的得意之作。ABSOLUT的创意仿佛永远不会枯竭,而一系列的作品也让惊喜从未落空。

  15. 42 CFR 411.54 - Limitation on charges when a beneficiary has received a liability insurance payment or has a...

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Limitation on charges when a beneficiary has received a liability insurance payment or has a claim pending against a liability insurer. 411.54 Section... beneficiary has received a liability insurance payment or has a claim pending against a liability insurer....

  16. Variance computations for functional of absolute risk estimates

    Pfeiffer, R. M.; E. Petracci

    2011-01-01

    We present a simple influence function based approach to compute the variances of estimates of absolute risk and functions of absolute risk. We apply this approach to criteria that assess the impact of changes in the risk factor distribution on absolute risk for an individual and at the population level. As an illustration we use an absolute risk prediction model for breast cancer that includes modifiable risk factors in addition to standard breast cancer risk factors. Influence function base...

  17. Isotope dilution strategies for absolute quantitative proteomics

    The development of mass spectrometry (MS)-based methodologies for high-throughput protein identification has generated a concomitant need for protein quantification. Numerous MS-based relative quantification methodologies have been dedicated to the extensive comparison of multiple proteomes. On the other hand, absolute quantification methodologies, which allow the determination of protein concentrations in biological samples, are generally restricted to defined sets of proteins. Depending on the selected analytical procedure, absolute quantification approaches can provide accurate and precise estimations. These analytical performances are crucial for specific applications such as the evaluation of clinical bio-marker candidates. According to bioanalytical guidelines, accurate analytical processes require internal standards and quality controls. Regarding MS-based analysis of small molecules, isotope dilution has been recognized as the reference method for internal standardization. However, protein quantification methodologies which rely on the isotope dilution principle have been implemented in the proteomic field only recently. In these approaches, the sample is spiked with defined amounts of isotope-labeled analogue(s) of specific proteolytic peptide(s) (AQUA and QconCAT strategies) or protein(s) (PSAQ strategy). In this review, we present a critical overview of these isotope dilution methodologies. (authors)

  18. A Conceptual Approach to Absolute Value Equations and Inequalities

    Ellis, Mark W.; Bryson, Janet L.

    2011-01-01

    The absolute value learning objective in high school mathematics requires students to solve far more complex absolute value equations and inequalities. When absolute value problems become more complex, students often do not have sufficient conceptual understanding to make any sense of what is happening mathematically. The authors suggest that the…

  19. Using, Seeing, Feeling, and Doing Absolute Value for Deeper Understanding

    Ponce, Gregorio A.

    2008-01-01

    Using sticky notes and number lines, a hands-on activity is shared that anchors initial student thinking about absolute value. The initial point of reference should help students successfully evaluate numeric problems involving absolute value. They should also be able to solve absolute value equations and inequalities that are typically found in…

  20. CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE

    Gârbo Viorica Irina

    2013-07-01

    Full Text Available Malpractice insurance of medical staff is probably the oldest professional liability insurance underwritten in the insurance market in Romania. The aim of our research is to theoretically examine in a qualitative inquiry the usefulness of insurance completion by the practitioners from the Romanian health system at both state and private, in order to improve a best practice medical insurance. The medical profession is practiced in Romania under the Code of Medical Ethics 30 March 2012 prepared in code that complies with international standards contained in the Geneva Declaration of 1948, as amended by the World Medical Association and the International Code of Medical Ethics. The forms of medical liability are: disciplinary, administrative, civil and criminal and only the civil liability can be taken into insurance because only it meets the conditions of insurability. Once we explain in general and the insurance liability in particular we show articles of the Romanian Civil Code which establishes the obligation the one that caused an injury to a third person for the repair or indemnify and conditions provided by the Civil Code as an act to be considered liability. Then we refer to situations where the patient may be damaged through the fault of the doctor or the doctor unit operates. The object of malpractice insurance is loss of money that the insured would have to pay a patient whom he caused injury as a result of acts or deeds of negligence committed to, during and in relation to professional activity. Risks taken in the insurance are personal injury, illness or death of the patient and / or moral damages. Regarding the excluded risks we have presented an overview of the more common contracts underwritten by Romanian insurance companies. We show the way of underwriting, the insured sums of the standard insurance and the additional one which subscribes moral damages, to companies in Romania agreed by bodies which organize and supervise the

  1. The concept of ''pollution damage'' in the maritime conventions governing liability and compensation for oil spills

    Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (I.M.O.). The framework for the regime was originally by the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil liability convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention). This old regime was amended in 1992 by two protocols, and the amended Conventions are known as 1992 Civil Liability Convention and the 1992 Fund Convention. The Civil Liability conventions govern the liability of ship-owners for oil pollution damage. The Conventions lay down the principle of strict liability for ship-owners and create a system of compulsory liability insurance. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. The regime of liability and the funds created by the 1971 and 1992 Conventions are analyzed in detail. Are studied as following: the concepts of pollution damage and the safeguard measures or preventive measures, the question of receivability for compensation demands (damage to properties, cleansing operations, costs, economic loss). The question of compensation conditions for the only economic loss and the damage to environment are tackled. This expose is concluded by enlightening the contribution brought by the previously named Conventions to the International law about the civil liability. (N.C.)

  2. Claims expenses and insurance capacity in third party liability insurance

    The Chernobyl accident reminded insurers that the potential expenses connected with the handling and settlement of claims following a major nuclear accident can be very significant. These are a direct consequence of the accident and funds must be available to pay for these costs as well as for indemnities to victims. Claims expenses at present have to be borne by the insurers in addition to the sums insured for the compensation of third parties. If governments intend to increase the statutory amounts of liability, this would reduce the insurers' ability to make the maximum possible capacity available for indemnities to victims. Therefore, before increasing further the statutory limits of liability, governments should - in revising the Paris Convention - consider allowing insurers to include claims handling expenses in their total sums insured

  3. Paris and Vienna nuclear liability conventions: challenges for insurers

    Insurers have actively contributed to the negotiations on the revision of the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy. In the course of these negotiations they have pointed out that some of the proposals for revision may have consequences for insurers and could prove incapable of finding insurance support. This paper aims at explaining the revision related points, which could cause problems in respect of insurability. Furthermore, the writer takes the liberty to expand its scope to more generally include developments, which have the potential to influence the availability of insurance capacity. Therefore, also the insurance implications of terrorist acts combined with share market developments of recent years will be dealt with.(author)

  4. Liability for oil spill damages: issues, methods, and examples

    Liability is an important incentive-based instrument for preventing oil spills and provides a sustainable approach for restoring coastal resources injured by spills. However, the use of liability for environmental damages raises many challenges, including quantification of money measures of damages. In this article, case studies are used to illustrate the issues, methods, and challenges associated with assessing a range of damages, from those that can be measured relatively easily using market information to more 'esoteric', and much more difficult, cases involving non-market-valued losses. Also discussed are issues raised by the new national and international regulatory focus on restoration and by the simplified, compensatory formula used by some states. (author)

  5. 1986 Agreement on third party liability in the nuclear field

    This Agreement intends to facilitate the settlement of disputes, if they are due to an event (caused by the peaceful utilisation of nuclear energy) which occurs on the territory of one State and gives rise to damage on the territory of the other State. Unlike the Federal Republic of Germany, Switzerland has neither ratified the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy nor the Brussels Supplementary Convention of 31st January 1963. This might result in diverging interpretations by the German and Swiss courts, in particular, regarding the competent courts and the laws applicable if a third party liability problem were to arise between both countries. The Agreement therefore aims to settle these matters directly by treaty between the States before the courts are confronted by an occurrence of damage and have to seek a solution which conforms to international private law. (NEA)

  6. Insurance of liability for the transport of nuclear materials

    The legal principle governing civil liability for damage involving nuclear substances in course of carriage are summarized, and the main aspects of the French nuclear insurance market are analysed. The financial capacity of insurance and the role of the Atomic Pool as an aid in this respect as well as its use as a mechanism for reinsurance are also discussed. As regards the insured party, cases are reviewed where the principle of the sole liability of the operator is inapplicable. Arguments are put forward demonstrating that acknowledgement of a plurality of insured persons would not necessarily lead to an increase of insurance costs. Finally, a review is made of the nature and extent of the damage covered according to whether such damage is caused to persons or property

  7. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  8. Liabilities of a physician confronted with child abuse.

    Vansweevelt, Thierry

    2013-06-01

    Several research questions raises when physicians are confronted with a possible case of child abuse. First, there is a problem of professional secrecy. In most European countries, physicians have the right to speak when confronted with a state of emergency. In other countries, physicians have a duty to speak and alert the police when the life or physical integrity of a person is at stake. A second topic to be discussed involves the possible liability of physicians who do not report child abuse. By not reporting a case of possible child abuse, the physician is respecting the family life of the parents, even though the child might continue to suffer damages. Third and essentially, I analyse the possible liability of physicians who do inform the prosecutor ofa suspected child abuse. Specific criteria are elaborated to establish negligence when physicians report child abuse to the prosecutor. PMID:23984493

  9. Quantitative genetic analysis of injury liability in infants and toddlers

    Phillips, K.; Matheny, A.P. Jr. [Univ. of Louisville Medical School, KY (United States)

    1995-02-27

    A threshold model of latent liability was applied to infant and toddler twin data on total count of injuries sustained during the interval from birth to 36 months of age. A quantitative genetic analysis of estimated twin correlations in injury liability indicated strong genetic dominance effects, but no additive genetic variance was detected. Because interpretations involving overdominance have little research support, the results may be due to low order epistasis or other interaction effects. Boys had more injuries than girls, but this effect was found only for groups whose parents were prompted and questioned in detail about their children`s injuries. Activity and impulsivity are two behavioral predictors of childhood injury, and the results are discussed in relation to animal research on infant and adult activity levels, and impulsivity in adult humans. Genetic epidemiological approaches to childhood injury should aid in targeting higher risk children for preventive intervention. 30 refs., 4 figs., 3 tabs.

  10. Economic foundations of limited liability for nuclear reactor accidents

    The Price-Anderson Act places private financial protection requirements higher than those of any country to ensure that government indemnification will be a last resort. The studies in this volume suggest that, given the presence of nuclear risk, a limitation on liability is the key to maintaining world-wide insurance capacity on a large scale to meet both physical and property claims. The economist finds no paradox in the risk assessments implicit in Price-Anderson, and has no problem with limiting private liability if society is willing to accept the risk. The author concludes that there is no way to rely on social institutions such as free markets or tort law to make the decisions which society must make for itself. 16 references

  11. Nuclear waste management, reactor decommisioning, nuclear liability and public attitudes

    This paper deals with several issues that are frequently raised by the public in any discussion of nuclear energy, and explores some aspects of public attitudes towards nuclear-related activities. The characteristics of the three types of waste associated with the nuclear fuel cycle, i.e. mine/mill tailings, reactor wastes and nuclear fuel wastes, are defined, and the methods currently being proposed for their safe handling and disposal are outlined. The activities associated with reactor decommissioning are also described, as well as the Canadian approach to nuclear liability. The costs associated with nuclear waste management, reactor decommissioning and nuclear liability are also discussed. Finally, the issue of public attitudes towards nuclear energy is addressed. It is concluded that a simple and comprehensive information program is needed to overcome many of the misconceptions that exist about nuclear energy and to provide the public with a more balanced information base on which to make decisions

  12. Can managed care reduce employers' retiree medical liability?

    Taylor, R S; Newton, B

    1991-01-01

    The Financial Accounting Standards Board (FASB) has forced U.S. companies to look squarely at their current retiree health obligations and their future commitments. Accounting Statement No. 106 (FAS 106) requires employers to accrue liabilities for retiree health benefits during employees' active service, rather than record the costs as benefits are paid. Employers are scrambling to find ways to reduce the statement's effect on corporate balance sheets. While managed health care has been increasingly employed to control benefit costs in active employee health plans, it has not been as popular in retiree plans. This article reviews important demographic and health trends in the retiree population and summarizes employers' early responses to FAS 106. It explores why managed health care has thus far played a limited role in reducing employers' postretirement medical liability, and offers insight into how that role could be increased in the future. PMID:10116958

  13. Finance issue brief: insurer liability: year end report-2002.

    Morgan, Rachel; MacEachern, Lillian

    2002-12-31

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves. PMID:12886933

  14. Finance issue brief: insurer liability: year end report-2003.

    MacEachern, Lillian

    2003-12-31

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves. PMID:14964230

  15. Absolute geostrophic currents in global tropical oceans

    Yang, Lina; Yuan, Dongliang

    2016-03-01

    A set of absolute geostrophic current (AGC) data for the period January 2004 to December 2012 are calculated using the P-vector method based on monthly gridded Argo profiles in the world tropical oceans. The AGCs agree well with altimeter geostrophic currents, Ocean Surface Current Analysis-Real time currents, and moored current-meter measurements at 10-m depth, based on which the classical Sverdrup circulation theory is evaluated. Calculations have shown that errors of wind stress calculation, AGC transport, and depth ranges of vertical integration cannot explain non-Sverdrup transport, which is mainly in the subtropical western ocean basins and equatorial currents near the Equator in each ocean basin (except the North Indian Ocean, where the circulation is dominated by monsoons). The identified non-Sverdrup transport is thereby robust and attributed to the joint effect of baroclinicity and relief of the bottom (JEBAR) and mesoscale eddy nonlinearity.

  16. How is an absolute democracy possible?

    Joanna Bednarek

    2011-01-01

    Full Text Available In the last part of the Empire trilogy, Commonwealth, Negri and Hardt ask about the possibility of the self-governance of the multitude. When answering, they argue that absolute democracy, understood as the political articulation of the multitude that does not entail its unification (construction of the people is possible. As Negri states, this way of thinking about political articulation is rooted in the tradition of democratic materialism and constitutes the alternative to the dominant current of modern political philosophy that identifies political power with sovereignty. The multitude organizes itself politically by means of the constitutive power, identical with the ontological creativity or productivity of the multitude. To state the problem of political organization means to state the problem of class composition: political democracy is at the same time economic democracy.

  17. Absolute measurements of fast neutrons using yttrium

    Yttrium is presented as an absolute neutron detector for pulsed neutron sources. It has high sensitivity for detecting fast neutrons. Yttrium has the property of generating a monoenergetic secondary radiation in the form of a 909 keV gamma-ray caused by inelastic neutron interaction. It was calibrated numerically using MCNPX and does not need periodic recalibration. The total yttrium efficiency for detecting 2.45 MeV neutrons was determined to be fn∼4.1x10-4 with an uncertainty of about 0.27%. The yttrium detector was employed in the NX2 plasma focus experiments and showed the neutron yield of the order of 108 neutrons per discharge.

  18. Site specific estimation of cumulative absolute velocity

    The presented paper shows some recent results for correlation between cumulative absolute velocity (CAV) and the macro-seismic intensity, magnitude and distance (attenuation functions). The analyses are based mainly on European strong motion data. The processing is performed separately for intermediate depth earthquakes (Vrancea seismic region), regional shallow earthquakes and moderate local earthquakes. The results show that CAV correlates with the intensity, magnitude and distance in a similar way as the peak values of strong motion. There is significant difference of expected CAV from local earthquakes and from strong regional seismic excitations. The local earthquakes, although producing high accelerations, are developing small CAV and respectively small damage potential. The analyses show that intermediate depth earthquakes may produce significant CAV on very large distances, i.e. they may affect large territories and produce damage. The attenuation functions developed are used for prediction of CAV on the site of Kozloduy NPP in Bulgaria. (author)

  19. Absolute nonlocality via distributed computing without communication

    Czekaj, Ł.; Pawłowski, M.; Vértesi, T.; Grudka, A.; Horodecki, M.; Horodecki, R.

    2015-09-01

    Understanding the role that quantum entanglement plays as a resource in various information processing tasks is one of the crucial goals of quantum information theory. Here we propose an alternative perspective for studying quantum entanglement: distributed computation of functions without communication between nodes. To formalize this approach, we propose identity games. Surprisingly, despite no signaling, we obtain that nonlocal quantum strategies beat classical ones in terms of winning probability for identity games originating from certain bipartite and multipartite functions. Moreover we show that, for a majority of functions, access to general nonsignaling resources boosts success probability two times in comparison to classical ones for a number of large enough outputs. Because there are no constraints on the inputs and no processing of the outputs in the identity games, they detect very strong types of correlations: absolute nonlocality.

  20. the Hole in Ontario's Budget: WSIB's Unfunded Liability

    Colin Busby; Finn Poschmann

    2012-01-01

    Ontario faces a $19.7 billion unfunded liability at its Workplace Safety Insurance Board (WSIB) based on a fair-value accounting approach. In the report, the authors say the WSIB, which levies employer premiums intended to fund benefits for employees injured in the workplace, has a problem that needs addressing: the WSIB's pace of revenue collection and asset accumulation has not matched growth in current and expected benefit entitlements. The report concludes that protecting taxpayers from b...

  1. Assessing phenotypic correlation through the multivariate phylogenetic latent liability model

    Cybis, Gabriela B; Janet S Sinsheimer; Bedford, Trevor; Alison E Mather; Lemey, Philippe; Suchard, Marc A.

    2015-01-01

    © Institute of Mathematical Statistics, 2015. Understanding which phenotypic traits are consistently correlated throughout evolution is a highly pertinent problem in modern evolutionary biology. Here, we propose a multivariate phylogenetic latent liability model for assessing the correlation between multiple types of data, while simultaneously controlling for their unknown shared evolutionary history informed through molecular sequences. The latent formulation enables us to consider in a sing...

  2. Introduction to the French legislation dealing with nuclear financial liabilities

    This paper aims at describing the new legal frame that has been set in France by law to face the issue of the financial liabilities of the nuclear industry, i.e. financing of the decommissioning and of the long term management of spent fuel and radioactive waste. An Act has been passed, dated 28 June 2006 (waste law), for a sustainable management of radioactive material and waste, which, in particular, implies new financial duties for nuclear operators. (authors)

  3. The allocation of liability for nuclear risks - the UK standpoint

    While nuclear legislation in most countries channels liability for nuclear damage solely to the operator of a nuclear installation, contractors supplying equipment and services in the United Kingdom and abroad may be liable for nuclear risks in certain circumstances. This paper discusses the risks for which a contractor may be held liable and the uncertainties in their respect. It also suggests some steps that can be taken to ensure that such risks are borne by those who can most readily bear them. (NEA)

  4. Petroleum exclusion under CERCLA: A defense to liability

    When CERCLA was originally passed in 1980, the petroleum industry lobbied successfully to exclude the term open-quotes petroleumclose quotes from the definition of a CERCLA section 101 (14) hazardous substance. Under CERCLA section 101 (33), petroleum is also excluded from the definition of a open-quotes pollutant or contaminant.close quotes Exclusion from the designation as a defined hazardous substance has provided a defense to liability under CERCLA section 107 when the release of petroleum occurs. The scope of the petroleum exclusion under CERCLA has been a critical and recurring issue arising in the context of Superfund response activities. Specifically, oil that is contaminated by hazardous substances during the refining process is considered open-quotes petroleumclose quotes under CERCLA and thus excluded from CERCLA response authority and liability unless specifically listed under RCRA or some other statute. The U.S. EPAs position is that contaminants present in used oil, or any other petroleum substance, do not fall within the petroleum exclusion. open-quotes Contaminants,close quotes as discussed here, are substances not normally found in refined petroleum fractions or present at levels which exceed those normally found in such fractions. If these contaminants are CERCLA hazardous substances, they are subject to CERCLA response authority and liability. This paper discusses the parameters of the CERCLA open-quotes Petroleum Exclusion.close quotes It briefly examines selected state laws, RCRA, the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA) for treatment of petroleum and petroleum products. And, finally, this paper discusses new legislation regarding oil pollution liability and compensation

  5. Transport and repair of contaminated nuclear components - liabilities and insurance

    The nuclear park has been constructed fairly recently and has not yet required large-scale maintenance efforts; however account should now be taken of the fact that periodic checks of nuclear power plants will imply systematic transfers of irradiated or contaminated materials outside the plants. In this context, the paper reviews the nuclear third party liability regime under the Paris Convention and the Euratom directives on radiation protection. It then describes the cover offered by insurance pools in several European countries. (NEA)

  6. THEORETICAL CONSIDERATIONS ON INSOLVENCY AND JOINT LIABILITY ON TAX MATTERS

    POPEANGĂ VASILE NICOLAE

    2015-01-01

    Romanian legislation stipulates incident in tax as a way of fighting outstanding tax debts in relation to certain conditionalities, the tax authorities can declare the insolvency of the debtor taxpayer and attracting joint liability of third parties on which transfer tax claims extinguish the obligation owed by the insolvent. According to various editions of the Dictionary of the Romanian Language through insolvency means "a situation in which the debtor whose assets are worth les...

  7. Risk Taking, Limited Liability and the Competition of Bank Regulators

    Sinn, Hans-Werner

    2001-01-01

    Limited liability and asymmetric information between an investment bank and its lenders provide an incentive for a bank to undercapitalise and finance overly risky business projects. To counter this market failure, national governments have imposed solvency constraints on banks. However, these constraints may not survive in systems competition, as systems competition is likely to suffer from the same type of information asymmetry which induced the private market failure and which brought in t...

  8. Bankers on Boards: Monitoring, Conflicts of Interest, and Lender Liability

    Randall S. Kroszner; Philip E. Strahan

    1999-01-01

    This paper investigates what factors determine whether a commercial banker is on the board of a non-financial firm. We consider the tradeoff between the benefits of direct bank monitoring to the firm and the costs of active bank involvement in firm management. Given the different payoff structures to debt and equity, lenders and shareholders may have conflicting interests in running the firm. In addition, the U.S. legal doctrines of 'equitable subordination' and 'lender liability' could gener...

  9. Nuclear liability legislation in Russia - current status and expected developments

    Present report is provided by the experts of the Russian insurance business, a company member of the Russian Nuclear Pool, and not the experts of the Ministry of Atomic Energy of Russian Federation (RF Minatom). Considering the above, the following document will outline the current status of nuclear liability legislation and insurance in Russia from a viewpoint of the insurance companies and not RF Minatom. (author)

  10. Liability of suppliers to nuclear power plants in Western Europe

    The Paris Convention provides that liability for a nuclear incident is channelled onto the operator of the nuclear installation concerned. However, the author analyses in which cases and by what mechanisms, the operator can have a right of recourse against a supplier of that installation. He illustrates, by several scenarios of nuclear incident with transfrontier effects how a supplier may be held liable, and describes the relevant rules of law applicable, based on private international law and tort law principles (NEA)

  11. Securing insurance protection against fraud and abuse liability.

    Callison, S

    1999-07-01

    Healthcare organizations concerned about corporate compliance need to review securing appropriate insurance coverage as part of their corporate compliance program. Provider organizations often mistakenly expect that their directors and officers liability (D&O), malpractice, or standard errors and omissions (E&O) insurance policies will cover the cost of Medicare fraud and abuse fines. The insurance industry has developed a specific billing E&O insurance product to cover providers that run afoul of government fraud and abuse statutes. PMID:10558007

  12. Bankruptcy Risk, Limited Liability and Imperfectly Enforced Emissions Taxes

    John Stranlund; Wei Zhang

    2009-01-01

    Under reasonable conditions, noncompliance with an emissions tax has no effect on environmental outcomes or the efficient allocation of individual emissions control. Moreover, differences in individual tax violations are independent of firm-level differences. All of these desirable characteristics disappear when some firms under an emissions tax risk bankruptcy. The combination of imperfect enforcement, bankruptcy risk, and limited liability in bankrupt states produces an inefficient distribu...

  13. Consumer protections and limited liability: Global order for air transport?

    Truxal, S.

    2014-01-01

    The proliferation of air passenger rights regimes around the globe, at least half of which were introduced in the past seven years, presents a real challenge for many stakeholders in air transport. On the one hand, national rules often vary from state to state; they overlap and are often complex or conflicting, which can be seen as creating rather ambiguous liability for the air transport sector, in particular for airlines and airports. On the other hand, the inherent nature of air transport ...

  14. Silencing the noise : asbestos liabilities, accounting and strategic bankruptcy.

    MOERMAN, L; S. Van der Laan

    2015-01-01

    The legacy of the global exploitation of asbestos provides an illustrative case to examine corporate strategy in response to the significant financial risk presented by the long-tail liability. The James Hardie group was the dominant asbestos manufacturing concern in Australia and, confronted with the uncertainties of burgeoning long-tail tort claims, embarked on a radical corporate reorganization. At the centre of the reorganization was the creation of a business unit of limited potential to...

  15. Establishment of an east asian nuclear safety and liability regime

    After Fukushima Daiichi nuclear disaster, almost all of the countries which owned nuclear reactors soon reviewed the security of all their nuclear power plants(NPP) in operation and those under construction, and committed to pursue higher standards of nuclear power plant safety and performance of nuclear power plant. However, many countries still remain their nuclear development policies unchanged. In East Asian countries, China has 11 nuclear reactors in operation and another 24 units under construction. Korea has 21 nuclear reactors in operation, which represents approximately 31.1% of the whole country’s power output and the number of units will be 34 before 2024. In Japan, it also possesses 50 operating nuclear units. And Taiwan now has three nuclear power plants (NPP) including 6 operating units and 2 units still under construction. There will be more than 100 units of NPP in these 4 East Asia countries. Therefore nuclear safety is a matter of the utmost importance to the East Asia countries. This article is going to discuss nuclear safety and third party liability in the 4 East Asia countries, including China, Japan, Korea and Taiwan. In order to enhance the regulatory framework for nuclear safety in East Asia, we will focus on the following issues: A- An effective independence of the national regulatory authorities. B- How to enhance transparency on nuclear safety matters. C- From the viewpoint of the Precautionary Principle and Transparency to reinforce the monitoring and exchange of experiences. D- In nuclear liability regime, all 4 countries, China, Japan, Korea and Taiwan are not members of any nuclear liability regime (neither Paris Convention nor Vienna Convention and nor CSC regime). How to solve the nuclear damage problems? E- Is it necessary to establish an East Asian nuclear safety and liability regime? (author)

  16. Structural changes in cross-border liabilities: a multidimensional approach

    Tanya Araùjo; Alessandro Spelta

    2013-01-01

    We study the international interbank market through a geometric analysis of empirical data. The geometric analysis of the time series of cross-country liabilities shows that the systematic information of the interbank international market is contained in a space of small dimension. Geometric spaces of financial relations across countries are developed, for which the space volume, multivariate skewness and multivariate kurtosis are computed. The behavior of these coefficients reveals an import...

  17. Endorsement liability: putting your good name at risk.

    Aicher, R H

    2001-07-01

    Endorsements designed to sell products are most effective when the endorser is a celebrity or an expert. If such endorsements contain misrepresentations, the endorser risks personal liability. For products related to health and safety, endorsements are subject to evaluation by reliable independent sources. In a number of high-profile cases, the Federal Trade Commission determined that endorsers must have a reasonable basis for their representations. (Aesthetic Surg J 2001;21:373-374.). PMID:19331918

  18. Minimizing Liability Risks of Head and Neck Injuries in Football

    Heck, Jonathan F.; Weis, Michael P.; Gartland, James M.; Weis, Craig R.

    1994-01-01

    Although catastrophic head and neck injuries in football occur infrequently, their occurrence is almost always followed by litigation. The athletic trainer has to be sure he/she has adequate liability insurance to cover the costs of a defense and a possible judgment. General claims filed against athletic staffs usually deal with instruction, equipment, matching of participants, supervision, and/or postinjury care. The defenses to these claims include: statutory immunity, assumption of risk, r...

  19. The Process of Forming a Private Limited Liability Company

    Horáková, Michaela

    2008-01-01

    The purpose of this dissertation is to describe the process of forming a private limited liability company (private L.L.C. or private LLC), which is the most common form of a legal business entity. The first part focuses on the general characteristics of a private LLC and summarizes the advantages and disadvantages of this form of legal entity. Next, the Commercial Register and a description of its benefits will be introduced during the "establishing process," which also explains the necessar...

  20. Establishment of nuclear liability regime in the developing countries. Examples of China and Indonesia

    While the nuclear developed countries has been establishing the nuclear liability regime in the form of national law and international treaty, establishment of the nuclear liability regime in the developing countries which try to actively promote nuclear development is desired. In the Asian area in which a large-scale nuclear development is expected in the future, China which has already started nuclear development showed a basic policy of nuclear liability regime in the form of 'reply' instead of establishing a legal framework, and Indonesia which will start a nuclear development in the future has made a high-level legal framework covering nuclear liability regime. To develop nuclear liability regime in the developing countries it is important to give consideration to establishment of national law in each country, increase in amount of liability and international cooperation and linkage in the area. (author)

  1. Making decisions about liability and insurance a special issue of the journal of risk and uncertainty

    Kunreuther, Howard

    1993-01-01

    Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, no...

  2. DoD contract termination liability: an analysis of the special termination cost clause (STCC)

    Rendon, Rene G.; Mutty, John

    2006-01-01

    Sponsored Report (for Acquisition Research Program) This research paper explores the Department of Defense (DoD) policies and practices for managing contract termination liability. The specific purpose of the research is to review current policies, practices, and procedures for funding and managing contract termination liability within the DoD. The research proposes alternative approaches for improving the DoD''s ability to manage contract termination liability and discusses the resultin...

  3. Liability of Legal Person in Indonesia: A Statutory and Practical Review

    Yetty Komalasari Dewi

    2013-01-01

    Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.

  4. [Medical expert assessment in civil and criminal law from the legal liability viewpoint].

    Kümper, H J

    1996-11-01

    In view of the wide range of liability claims, expert medical reports constitute part of the basis of the work of liability insurers. However, the very different qualifications of experts often present the so-called "corporate physician" with great problems, since some expert reports are hardly acceptable, as the author discovered during many years of study of a large number of liability files. In addition, the most striking and frequently occurring criteria are discussed. PMID:9064928

  5. Supervised extensions of chemography approaches: case studies of chemical liabilities assessment

    Ovchinnikova, Svetlana I; Bykov, Arseniy A; Tsivadze, Aslan Yu.; Dyachkov, Evgeny P; Kireeva, Natalia V

    2014-01-01

    Chemical liabilities, such as adverse effects and toxicity, play a significant role in modern drug discovery process. In silico assessment of chemical liabilities is an important step aimed to reduce costs and animal testing by complementing or replacing in vitro and in vivo experiments. Herein, we propose an approach combining several classification and chemography methods to be able to predict chemical liabilities and to interpret obtained results in the context of impact of structural chan...

  6. The Uneasy Case for Product Liability (co-authored with Steven Shavell)

    Polinsky, A. Mitchell

    2009-01-01

    We explain in this Article that the benefits of product liability may well be outweighed by its costs in a wide range of circumstances. One benefit is that the threat of liability may induce firms to improve product safety. However, this benefit is limited: even in the absence of product liability, firms would often be motivated by market forces to enhance product safety because their sales are likely to fall if their products harm consumers; moreover, their products must frequently conform...

  7. RE-ENGINEERING BUSINESS-PROCESS OF MANAGING DEBIT LIABILITIES OF RESOURCE-SUPPLYING COMPANIES

    Salov, A.; Maslov, V.

    2014-01-01

    Analysis of business-process of managing debit liabilities of resource-supplying companies has been carried out. We have outlined special features of working with debit liabilities of private customers during the process of organizing marketing activity. Criterions of classifying debtors according to characteristics of the existing debt from the point of relation between volume, liquidity of debit liability and the consumed resources have been formulated. We have studied the basic content of ...

  8. How does assets-liabilities management affects the profitability of banks?

    Ioan TRENCA; Mihail-Ioan COCIUBA

    2014-01-01

    The economic crisis has affected the stability of the financial institutions (banks) and the instability from the banking sector affected the real economy. Some banks were affected more than others and in this paper we analyze the stability and profitability of banks from the point of the asset-liability management. Assets-liabilities management (ALM) is the management of risk at bank level, the structure of the assets and liabilities of the banks may show which are the differences between th...

  9. Improvement of nuclear liability system and pros and cons for becoming a party to conventions

    In accordance with the 2001 amendment of the Nuclear Liability Act of 1969, the definition of nuclear damage was extended, the amount of liability and compulsory financial security became 300 million SDRs, prescription period for personal injury or loss of life became 30 years. Under the condition that the benefit of becoming a party to a international nuclear liability regime keeps in equilibrium with the cost thereof, we may become a party to the convention

  10. Romania. Law on civil liability for nuclear damage (3 december 2001)

    The objective of this law is to regulate civil liability for the compensation of damage resulting from activities involving the utilisation of nuclear energy for peaceful purposes. It governs relations in respect of civil liability for nuclear damage, establishes the rules and procedures for compensation for damage caused by a nuclear incident, defines the methods of ensuring financial security of civil liability and establishes its limits. (N.C.)

  11. Ukraine. Law on civil liability for nuclear damage and its financial security (13 december 2001)

    The objective of this law is to regulate civil liability for the compensation of damage resulting from activities involving the utilisation of nuclear energy for peaceful purposes. It governs relations in respect of civil liability for nuclear damage, establishes the rules and procedures for compensation for damage caused by a nuclear incident, defines the methods of ensuring financial security of civil liability and establishes its limits. (N.C.)

  12. Liability of Legal Person in Indonesia: A Statutory and Practical Review

    Yetty Komalasari Dewi

    2013-01-01

    Full Text Available Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.

  13. The Effects of Short-Term Liabilities on Profitability: The Case of Germany

    Baum, Christopher F.; Schäfer, Dorothea; Talavera, Oleksandr

    2006-01-01

    Using data from Germany this paper examines the direct effect of non-financial firms' use of short-term versus long-term liabilities. We develop a structural model of a firm's value maximization problem that predicts that profitability of the firm will change if firms alter their use of short-term versus long-term liabilities. We find that firms that rely more heavily on short-term liabilities are likely to be more profitable.

  14. "Recent Rise in Federal Government and Federal Reserve Liabilities--Antidote to a Speculative Hangover"

    Papadimitriou, Dimitri B.; Greg Hannsgen

    2009-01-01

    Federal government and Federal Reserve (Fed) liabilities rose sharply in 2008. Who holds these new liabilities, and what effects will they have on the economy? Some economists and politicians warn of impending inflation. In this new Strategic Analysis, the Levy Institute's Macro-Modeling Team focuses on one positive effect--a badly needed improvement of private sector balance sheets--and suggest some of the reasons why it is unlikely that the surge in Fed and federal government liabilities wi...

  15. Liabilities in Contract Law of China: Their Mechanism and Points in Dispute

    HAN Shiyuan

    2006-01-01

    China is drafting its first Civil Code now,and the Chinese laws have seen an expansion of contractual obligations and a new structure of contractual liabilities.This paper expounds this trend through the perspective of contract liabilities.It mainly analyses the anticipatory breach,the enforced performance,damages,payments stipulated by the contract,the statutory rights to termination,the unification of guarantee liabilities for defects and liabilities for breach of contract,and makes the conclusion that China Contract Law CCL will be put into the future Chinese Civil Code,with some necessary technical changes and amendments.

  16. The Indian civil liability for nuclear damage act, 2010. Legislation with flaws?

    1. India has had no special legislation so far about liability under civil law for nuclear damage. Instead, the general law about damages outside of contractual provisions applied. 2. The ambitious Indian civil nuclear program requires intensified international cooperation. The potential partners in that cooperation demand that liability regulations be adopted on the basis of the principles of the international nuclear liability conventions so as to grant legal assurance to their export industries. 3. In May 2010, draft liability legislation was introduced into the Indian parliament. Final deliberations were held on August 30, 2010. On September 21, 2010, the President confirmed the draft legislation, thereby making it law. The draft legislation had been a matter of dispute in India from the outset. 4. The law applies to nuclear facilities owned or controlled by the Indian central government. Only the government or government institutions or state-owned companies can be owners of a nuclear facility. The owner is liable without fault having to be proven. The details of liability follow the provisions of the liability conventions. 5. The law provides for legal channelling of liability to the owner of a nuclear facility. 6. Regular courts of law have no competence to rule about claims for damages under the law. Instead, a 'Claims Commissioner' appointed ad hoc by the government, or a 'Nuclear Claims Commission,' are competent. 7. The 2010 Indian nuclear liability law is a piece of legislation with deficiencies. Key elements are incompatible with the principles of international nuclear liability regimes. (orig.)

  17. Act of 18 March 1983 on Nuclear Third Party Liability (LRCN)

    This new Act on nuclear third party liability maintains the two essential principles established by the law in force, namely those of causation and the channelling of liability on to the operator of a nuclear installation. On the other hand, the Act waives the principle of third party liability limited in amount and provides that the person liable must commit himself for an unlimited amount. Such liability is covered as follows: by private insurance up to 300 million francs; by the Confederation up to one thousand million francs over and above the amount covered by private insurance; by all the assets of the person liable. (NEA)

  18. 23 CFR 646.105 - Contractor's public liability and property damage insurance.

    2010-04-01

    ... ENGINEERING AND TRAFFIC OPERATIONS RAILROADS Railroad-Highway Insurance Protection § 646.105 Contractor's... insurance protection in his own behalf under contractor's public liability and property damage...

  19. Combining ANP and TOPSIS Concepts for Evaluation the Performance of Property-Liability Insurance Companies

    Hui-Yin Tsai

    2008-01-01

    Full Text Available This is a significant problem for the property-liability insurance industry. The study first uses Modified Delphi Method to sift influence property-liability insurance effects out norms. Moreover, the evaluation weights are determined using Analytic Network Process (ANP. Finally, the technique for ordering preference by similarity to the ideal solution (TOPSIS constructs performance evaluation model of property-liability insurance companies in Taiwan. This research use financial statements of property-liability insurance industry calculated efficiency placing and through the positive research. Findings may do for the government the important reference of the insure policy.

  20. Gyrokinetic Statistical Absolute Equilibrium and Turbulence

    Jian-Zhou Zhu and Gregory W. Hammett

    2011-01-10

    A paradigm based on the absolute equilibrium of Galerkin-truncated inviscid systems to aid in understanding turbulence [T.-D. Lee, "On some statistical properties of hydrodynamical and magnetohydrodynamical fields," Q. Appl. Math. 10, 69 (1952)] is taken to study gyrokinetic plasma turbulence: A finite set of Fourier modes of the collisionless gyrokinetic equations are kept and the statistical equilibria are calculated; possible implications for plasma turbulence in various situations are discussed. For the case of two spatial and one velocity dimension, in the calculation with discretization also of velocity v with N grid points (where N + 1 quantities are conserved, corresponding to an energy invariant and N entropy-related invariants), the negative temperature states, corresponding to the condensation of the generalized energy into the lowest modes, are found. This indicates a generic feature of inverse energy cascade. Comparisons are made with some classical results, such as those of Charney-Hasegawa-Mima in the cold-ion limit. There is a universal shape for statistical equilibrium of gyrokinetics in three spatial and two velocity dimensions with just one conserved quantity. Possible physical relevance to turbulence, such as ITG zonal flows, and to a critical balance hypothesis are also discussed.

  1. Gyrokinetic Statistical Absolute Equilibrium and Turbulence

    A paradigm based on the absolute equilibrium of Galerkin-truncated inviscid systems to aid in understanding turbulence (T.-D. Lee, 'On some statistical properties of hydrodynamical and magnetohydrodynamical fields,' Q. Appl. Math. 10, 69 (1952)) is taken to study gyrokinetic plasma turbulence: A finite set of Fourier modes of the collisionless gyrokinetic equations are kept and the statistical equilibria are calculated; possible implications for plasma turbulence in various situations are discussed. For the case of two spatial and one velocity dimension, in the calculation with discretization also of velocity v with N grid points (where N + 1 quantities are conserved, corresponding to an energy invariant and N entropy-related invariants), the negative temperature states, corresponding to the condensation of the generalized energy into the lowest modes, are found. This indicates a generic feature of inverse energy cascade. Comparisons are made with some classical results, such as those of Charney-Hasegawa-Mima in the cold-ion limit. There is a universal shape for statistical equilibrium of gyrokinetics in three spatial and two velocity dimensions with just one conserved quantity. Possible physical relevance to turbulence, such as ITG zonal flows, and to a critical balance hypothesis are also discussed.

  2. Absolute nuclear material assay using count distribution (LAMBDA) space

    Prasad, Manoj K.; Snyderman, Neal J.; Rowland, Mark S.

    2012-06-05

    A method of absolute nuclear material assay of an unknown source comprising counting neutrons from the unknown source and providing an absolute nuclear material assay utilizing a model to optimally compare to the measured count distributions. In one embodiment, the step of providing an absolute nuclear material assay comprises utilizing a random sampling of analytically computed fission chain distributions to generate a continuous time-evolving sequence of event-counts by spreading the fission chain distribution in time.

  3. An All Fiber White Light Interferometric Absolute Temperature Measurement System

    Jeonggon Harrison Kim

    2008-01-01

    Recently the author of this article proposed a new signal processing algorithm for an all fiber white light interferometer. In this article, an all fiber white light interferometric absolute temperature measurement system is presented using the previously proposed signal processing algorithm. Stability and absolute temperature measurement were demonstrated. These two tests demonstrated the feasibility of absolute temperature measurement with an accuracy of 0.015 fringe and 0.0005 fringe, resp...

  4. Absolute nuclear material assay using count distribution (LAMBDA) space

    Prasad, Mano K.; Snyderman, Neal J.; Rowland, Mark S.

    2015-12-01

    A method of absolute nuclear material assay of an unknown source comprising counting neutrons from the unknown source and providing an absolute nuclear material assay utilizing a model to optimally compare to the measured count distributions. In one embodiment, the step of providing an absolute nuclear material assay comprises utilizing a random sampling of analytically computed fission chain distributions to generate a continuous time-evolving sequence of event-counts by spreading the fission chain distribution in time.

  5. Absolute value preconditioning for symmetric indefinite linear systems

    Vecharynski, Eugene; Knyazev, Andrew V.

    2011-01-01

    We introduce a novel strategy for constructing symmetric positive definite (SPD) preconditioners for linear systems with symmetric indefinite matrices. The strategy, called absolute value preconditioning, is motivated by the observation that the preconditioned minimal residual method with the inverse of the absolute value of the matrix as a preconditioner converges to the exact solution of the system in at most two steps. Neither the exact absolute value of the matrix nor its exact inverse ar...

  6. On The Absolute Measurement of Some Nuclear Material Samples

    A state with nuclear activities should establish a system capable of controlling all nuclear material (NM) under its authority. Continuous improvement of a measuring system is an essential mandate such controlling system. Measurements of NM using absolute methods could eliminate the dependency on NM standards, which are necessary for other relative or semi-absolute methods. In this work, an absolute method was used to estimate uranium contents in some NM samples. NM was measured by an absolute method through combination of experimental measurements and Monte Carlo calculations

  7. Analysis of civil liability for nuclear damage with emphasis on the insurance of liability for the transport of fresh nuclear fuel and spent nuclear fuel

    The issue of civil liability for nuclear damage and the mandatory coverage of this liability by insurance or by the other financial means is a topic for experts discussions, particularly due to the existing differences in opinion. The article outlines the major provisions of the Vienna Convention on Civil Liability for Nuclear Damage (1963) and presents a list of parties to the Convention from among Central and Eastern European countries. In the second part, the paper deals with the various options during the transportation of spent and fresh nuclear fuel from the viewpoint of the regulatory body and with regard to applicable domestic and international legislation. (author)

  8. Nuclear liability insurance in the United States: an insurer's perspective

    By the mid-1950's the United States recognised that it was in the interest to promote commercial development of nuclear energy. But the uncertainties of the technology and the potential for severe accidents were clear obstacles to commercial development. Exposure to potentially serious uninsured liability inhibited the private sector. These impediments led Congress to enact the Price-Anderson Act in 1957. The Act had several purposes: the first was to encourage private development of nuclear power; the second was to establish a legal framework for handling potential liability claims; and the third was to provide a ready source of funds to compensate injured victims of a nuclear accident. Insurers chose the pooling technique by creating in the US the American Nuclear Insurers. ANI acts as a managing agent for its members insurance companies. The accident of three Miles Island occurred on 28 March 1979 and with came the claims experience in US. The 1988 amendments to the Price-Anderson Act directed the President to establish a Commission for the purpose of developing a means to assure full compensation of victims of a catastrophic nuclear accident that exceeds the limitation on aggregate public liability, or currently just over US$ 9.7 billion. The Presidential Commission issued its report in August 1990, in which it reached a number of conclusions and offered a number of recommendations.The US Congress has not acted on the Commission's report, but may revisit its recommendations as debate begins this year (1999) or next on the renewal of the Price-Anderson Act. (N.C.)

  9. Development of a superconducting absolute tensor gradiometer

    Full text: Although the use of high-temperature superconducting (HTSC) materials for the fabrication of SQUID-based magnetometers and gradiometers is now well established these materials remain more difficult to use than the alternative low-temperature superconducting materials. In particular, the lack of HTSC wires and the difficulty of forming superconducting connections means that the standard low-Tc design practice of forming gradiometer coils from superconducting wires, is not applicable in high-Tc materials. Designs for HTSC axial gradiometers [2] have been implemented only by means of electronic or software subtraction of the outputs of a pair of SQUID magnetometers, and generally have insufficient dynamic range to be rotated in the earth's magnetic field. In this work we describe the development of a new concept axial gradiometer which is implemented through the use of a flux transformer pick-up loop structure patterned on flexible superconducting tape that is inductively coupled to a SQUID-based magnetometer. This is the first example of a series axial gradiometer in HTSC materials and offers significant advantages over the two-SQUID systems mentioned above. The design provides sufficient dynamic range and intrinsic noise immunity to operate while rotated in the full earth's field. Data analysis facilitates the measurement of the absolute value of all five independent components of the magnetic gradient tensor using a set of three such gradiometers, each of which is rotated about its axis. Initial results are presented showing the measurement by a prototype instrument of the tensor gradient of a small bar magnet

  10. Absolute Radiometric Calibration of KOMPSAT-3A

    Ahn, H. Y.; Shin, D. Y.; Kim, J. S.; Seo, D. C.; Choi, C. U.

    2016-06-01

    This paper presents a vicarious radiometric calibration of the Korea Multi-Purpose Satellite-3A (KOMPSAT-3A) performed by the Korea Aerospace Research Institute (KARI) and the Pukyong National University Remote Sensing Group (PKNU RSG) in 2015.The primary stages of this study are summarized as follows: (1) A field campaign to determine radiometric calibrated target fields was undertaken in Mongolia and South Korea. Surface reflectance data obtained in the campaign were input to a radiative transfer code that predicted at-sensor radiance. Through this process, equations and parameters were derived for the KOMPSAT-3A sensor to enable the conversion of calibrated DN to physical units, such as at-sensor radiance or TOA reflectance. (2) To validate the absolute calibration coefficients for the KOMPSAT-3A sensor, we performed a radiometric validation with a comparison of KOMPSAT-3A and Landsat-8 TOA reflectance using one of the six PICS (Libya 4). Correlations between top-of-atmosphere (TOA) radiances and the spectral band responses of the KOMPSAT-3A sensors at the Zuunmod, Mongolia and Goheung, South Korea sites were significant for multispectral bands. The average difference in TOA reflectance between KOMPSAT-3A and Landsat-8 image over the Libya 4, Libya site in the red-green-blue (RGB) region was under 3%, whereas in the NIR band, the TOA reflectance of KOMPSAT-3A was lower than the that of Landsat-8 due to the difference in the band passes of two sensors. The KOMPSAT-3Aensor includes a band pass near 940 nm that can be strongly absorbed by water vapor and therefore displayed low reflectance. Toovercome this, we need to undertake a detailed analysis using rescale methods, such as the spectral bandwidth adjustment factor.

  11. Evaluation of the absolute regional temperature potential

    D. T. Shindell

    2012-09-01

    Full Text Available The Absolute Regional Temperature Potential (ARTP is one of the few climate metrics that provides estimates of impacts at a sub-global scale. The ARTP presented here gives the time-dependent temperature response in four latitude bands (90–28° S, 28° S–28° N, 28–60° N and 60–90° N as a function of emissions based on the forcing in those bands caused by the emissions. It is based on a large set of simulations performed with a single atmosphere-ocean climate model to derive regional forcing/response relationships. Here I evaluate the robustness of those relationships using the forcing/response portion of the ARTP to estimate regional temperature responses to the historic aerosol forcing in three independent climate models. These ARTP results are in good accord with the actual responses in those models. Nearly all ARTP estimates fall within ±20% of the actual responses, though there are some exceptions for 90–28° S and the Arctic, and in the latter the ARTP may vary with forcing agent. However, for the tropics and the Northern Hemisphere mid-latitudes in particular, the ±20% range appears to be roughly consistent with the 95% confidence interval. Land areas within these two bands respond 39–45% and 9–39% more than the latitude band as a whole. The ARTP, presented here in a slightly revised form, thus appears to provide a relatively robust estimate for the responses of large-scale latitude bands and land areas within those bands to inhomogeneous radiative forcing and thus potentially to emissions as well. Hence this metric could allow rapid evaluation of the effects of emissions policies at a finer scale than global metrics without requiring use of a full climate model.

  12. Review of legislation on civil liability for nuclear damage

    The entry into force of Law 12/2011 is postponed until the Protocols modifying the Paris and Brussels conventions take effect, since their content complements that of the Conventions. The most significant modifications are the extension of the suppositions of nuclear damage, the geographical scope of application and the time period for claiming personal damages, which is accompanied by higher coverage limits of up to 1,200 million euros. It also includes liability for damages caused by radioactive materials in the custody of the installation owner. (Author)

  13. Life Insurance Liabilities with Policyholder Behaviour and Stochastic Rates

    Buchardt, Kristian

    In any life and pension insurance company, it is a central task to calculate the value of the liabilities toward the policyholders. In the classic model for such valuations, a continuous time Markov chain in a finite state space describes the state of the insured, and the interest rate, mortality...... rate, disability rate, and other transition rates are assumed to be deterministic. Broadly speaking this PhD thesis consists of various extensions of this model to address the modern needs of life insurance companies. These extensions can be categorised into two types: the inclusion of policyholder...

  14. Internet in the workplace: censorship, liability, and freedom of speech.

    Sherwill-Navarro, P

    1998-01-01

    Most hospital medical libraries are supported by private, corporate funds and thus fall under the corporation's policies in regard to discrimination, harassment, and sexual harassment. With the free flow of information available on the Internet and through e-mail, it is mandatory to create a corporate policy for appropriate use and review of materials. Access to "questionable" or inappropriate Internet sites is not a freedom of speech issue in a private corporation; it is a potential liability for the corporation, the library, and the librarian. It is also a misuse of company resources. PMID:10187687

  15. Liabilities and risks of using cone beam computed tomography.

    Friedland, Bernard; Miles, Dale A

    2014-07-01

    The use of conebeam computed tomography (CBCT) carries with it medicolegal risks of which the practitioner should be aware. These include licensing and malpractice liability concerns. A practitioner who intends to take and/or use CBCT scans should seek advice from his malpractice carrier before doing so. All scans should be read by someone competent to interpret them. Using the services of an out-of-state radiologist to read scans poses its own set of risks. Consultation with a malpractice carrier and dental boards is advisable in this situation. PMID:24993928

  16. Low-level waste injury: liability, insurance, and indemnification

    It would be worth developing compatible policies to address the issues involving third-party liabilities which remain unanswered before the different states and interstate compact agreements implementing the Low Level Radioactive Waste Policy Act develop a range of approaches. A plan that draws resources from a number of states would have economic and technological benefits, and could help ensure public confidence in the management of low level radioactive wastes. Interstate cooperation and coordination to produce such a plan would benefit from a Congressional mandate. An appendix arranged alphabetically by state illustrates the range of immunity/waiver, insurance, and limits that already exist

  17. The Protocol of 1997 to amend the Vienna Convention on civil liability for nuclear damage: a chance for strengthening the liability framework in Europe

    Most recently, several Contracting Parties to the Vienna Convention announced their plans to play an important role in the process of “nuclear renaissance” in Europe. However, this process cannot be limited to a mere multiplication of nuclear facilities, but must be accompanied by strengthening of the legal and regulatory framework. Taking the potential magnitude of a nuclear incident into regard, strengthening of the existing legal framework for the nuclear third party liability must play an eminent role in this legislation. This paper deals with the current liability frameworks in both countries, analyzing the implementation of theirs commitments arising from the Vienna Convention on Civil Liability for Nuclear Damage of 1963. Further, it points out major challenges for the future development in this field, in particular taking the provisions of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage of 1997 into regard. (author)

  18. Absolute Humidity and the Seasonality of Influenza (Invited)

    Shaman, J. L.; Pitzer, V.; Viboud, C.; Grenfell, B.; Goldstein, E.; Lipsitch, M.

    2010-12-01

    Much of the observed wintertime increase of mortality in temperate regions is attributed to seasonal influenza. A recent re-analysis of laboratory experiments indicates that absolute humidity strongly modulates the airborne survival and transmission of the influenza virus. Here we show that the onset of increased wintertime influenza-related mortality in the United States is associated with anomalously low absolute humidity levels during the prior weeks. We then use an epidemiological model, in which observed absolute humidity conditions temper influenza transmission rates, to successfully simulate the seasonal cycle of observed influenza-related mortality. The model results indicate that direct modulation of influenza transmissibility by absolute humidity alone is sufficient to produce this observed seasonality. These findings provide epidemiological support for the hypothesis that absolute humidity drives seasonal variations of influenza transmission in temperate regions. In addition, we show that variations of the basic and effective reproductive numbers for influenza, caused by seasonal changes in absolute humidity, are consistent with the general timing of pandemic influenza outbreaks observed for 2009 A/H1N1 in temperate regions. Indeed, absolute humidity conditions correctly identify the region of the United States vulnerable to a third, wintertime wave of pandemic influenza. These findings suggest that the timing of pandemic influenza outbreaks is controlled by a combination of absolute humidity conditions, levels of susceptibility and changes in population mixing and contact rates.

  19. Absolute electronegativity and hardness correlated with molecular orbital theory

    Pearson, Ralph G.

    1986-01-01

    The concepts of absolute electronegativity, χ, and absolute hardness, η, are incorporated into molecular orbital theory. A graphic and concise definition of hardness is given as twice the energy gap between the highest occupied molecular orbital and the lowest unoccupied molecular orbital. Useful correlations can now be made between chemical behavior, visible-UV absorption spectra, optical polarizability, ionization potentials, and electron affinities.

  20. Supplementary and Enrichment Series: Absolute Value. Teachers' Commentary. SP-25.

    Bridgess, M. Philbrick, Ed.

    This is one in a series of manuals for teachers using SMSG high school supplementary materials. The pamphlet includes commentaries on the sections of the student's booklet, answers to the exercises, and sample test questions. Topics covered include addition and multiplication in terms of absolute value, graphs of absolute value in the Cartesian…

  1. Supplementary and Enrichment Series: Absolute Value. SP-24.

    Bridgess, M. Philbrick, Ed.

    This is one in a series of SMSG supplementary and enrichment pamphlets for high school students. This series is designed to make material for the study of topics of special interest to students readily accessible in classroom quantity. Topics covered include absolute value, addition and multiplication in terms of absolute value, graphs of absolute…

  2. Absolute neutronic performance of SNS from gold foil application

    The determination of absolute neutron fluxes by white beam activation of thick gold foils in conjuction with spectral analysis by time-of-flight monitors is described. A numerical integration procedure is presented and the method applied to determining the absolute performance of SNS from data obtained during the initial commissioning run in December 1984. (author)

  3. 29 CFR 4007.12 - Liability for single-employer premiums.

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Liability for single-employer premiums. 4007.12 Section... PAYMENT OF PREMIUMS § 4007.12 Liability for single-employer premiums. (a) The designation under this part... and payments under this part for a single-employer plan is a procedural requirement only and does...

  4. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    2010-04-02

    ... COMMISSION 10 CFR Part 140 RIN 3150-AI74 Increase in the Primary Nuclear Liability Insurance Premium AGENCY... is amending its regulations to increase the primary premium for liability insurance coverage in the....). Existing requirements were approved by the Office of Management and Budget, approval number...

  5. 33 CFR 138.240 - Procedure for calculating limit of liability adjustments for inflation.

    2010-07-01

    .... (d) 33 CFR Ch. I (7-1-10 Edition) Coast Guard, DHS ... of liability adjustments for inflation. 138.240 Section 138.240 Navigation and Navigable Waters COAST... calculating limit of liability adjustments for inflation. (a) Formula for calculating a cumulative...

  6. Colleges and Universities as Internet Service Providers: Determining and Limiting Liability for Copyright Infringement.

    Price, Joseph R.

    1996-01-01

    Examines the status of current copyright law and the efforts of Congress and the courts to define how that law will be applied and modified to encompass the Internet as the latest reproduction-distribution-display technology. Analyzes case law addressing server liability in the Internet context to predict potential liability for higher education…

  7. 47 CFR 32.3999 - Instructions for balance sheet accounts-liabilities and stockholders' equity.

    2010-10-01

    ...-liabilities and stockholders' equity. 32.3999 Section 32.3999 Telecommunication FEDERAL COMMUNICATIONS... stockholders' equity. Liabilities and Stockholders' Equity Accounts To Be Maintained by Class A and Class B... equity: Capital stock 4510 4510 Additional paid-in capital 4520 4520 Treasury stock 4530 4530...

  8. Reviewing the justification and adequacy of existing legal principles governing nuclear third party liability

    Following a review of the legal principles governing nuclear third party liability which are applied in most countries, this paper discusses certain reforms to this regime which have already been applied or are being studied in certain countries - namely the fixing of an unlimited amount of liability for nuclear damage. (NEA)

  9. Nuclear Liability Act of 8 June 1972 as amended by the Act of 15 September 1989

    The 1972 Nuclear Liability Act has been amended by an Act 1989 to bring its provisions in line with those of the Paris Convention and the Brussels Supplementary Convention as amended respectively by the 1982 Protocols. The 1989 Act also raises the limit of the nuclear operator's liability from 42 million Finnish marks (approximately 8 million Special Draing Rights - SDRs) to 100 million SDRs

  10. SOME FEATURES OF THE RELATIONSHIP OF CIVIL LIABILITY OF PUBLIC ENTITIES

    Kamyshanskiy V. P.; Carnushin V. E.

    2014-01-01

    The article deals with the civil liability of public entities as a kind of civil legal relationships. We have analyzed the features of this relationship in comparison with a common understanding of civil liability legal relationship, which is not complicated with public-law entity

  11. 24 CFR 203.422 - Right and liability under Mutual Mortgage Insurance Fund.

    2010-04-01

    ... Mortgage Insurance Fund and Distributive Shares § 203.422 Right and liability under Mutual Mortgage... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Right and liability under Mutual Mortgage Insurance Fund. 203.422 Section 203.422 Housing and Urban Development Regulations Relating...

  12. 12 CFR 205.6 - Liability of consumer for unauthorized transfers.

    2010-01-01

    ... unauthorized transfer to or from the consumer's account has been or may be made. (6) Liability under state law or agreement. If state law or an agreement between the consumer and the financial institution imposes... 12 Banks and Banking 2 2010-01-01 2010-01-01 false Liability of consumer for...

  13. 26 CFR 36.3121(l)(10)-1 - Requirements in respect of liability under agreement.

    2010-04-01

    ... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Requirements in respect of liability under... OF EMPLOYEES OF FOREIGN SUBSIDIARIES § 36.3121(l)(10)-1 Requirements in respect of liability under... employees, record keeping, etc.) imposed on an employer for any period with respect to the taxes imposed...

  14. Through the looking glass: placing India's new civil liability regime for nuclear damage in context

    Until India adopted the Civil Liability for Nuclear Damage Act, 2010 (Liability Act) and the Civil Liability for Nuclear Damage Rules, 2011 (Liability Rules or Rules), no specific legislation was in place to govern nuclear liability or to compensate victims for damages due to a nuclear incident in India. Before delving into a more legal-technical analysis of the Liability Act and Rules (Part B), it is worth first briefly touching upon India's general energy situation, which necessarily influences India's policies, laws and negotiating strategies while also driving the significant business opportunities in the nuclear energy sector (Part A). Taking a look at India's energy sector today also underscores the sheer size of India's plans to build new nuclear power plants, which stands in dramatic contrast to the goals of many other countries. In this article, we will address the relationship of the Liability Act with the Convention on Supplementary Compensation for Nuclear Damage (CSC) (Part C), while also touching upon the current status of an Indian nuclear insurance pool (Part D) and discussing some recent domestic developments, including the filing of public interest litigations and amendments to the Liability Rules (Part E), before presenting some concluding thoughts (Part F)

  15. A new global regime of civil nuclear liability: Canadian membership in the international conventions

    The objective of this paper is three-fold: (i) to provide information on the Canadian regime for third party nuclear liability; (ii) to provide an overview of current efforts to revise and update Canadian legislation in this area; and (iii) to present Canada's perspective on international nuclear liability and the prospect of joining one of the international conventions in the area. (author)

  16. New international agreement documents in the field of liability for nuclear damage

    Two new international documents dealing with liability for nuclear damage are described, viz. the Protocol to amend the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage. The two documents were signed in 1997

  17. Trends in the International Regime of Liability and Compensation for Oil Pollution Damage

    张秋荣

    2001-01-01

    Since the entry into force of the International Convention on liability and compensation for oil spill damage, there have been many discussions on the improvement of this regime. Based on the existing tworegimes, the writer tried to analysis the advantages of the new regimes and foresee the trends of the international regime of liability and compensation for oil pollution damage.

  18. 48 CFR 1452.228-7 - Insurance-Liability to Third Persons.

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Insurance-Liability to... INTERIOR CONTRACT MANAGEMENT SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text of Provisions and Clauses 1452.228-7 Insurance—Liability to Third Persons. (a) As prescribed in 1428.311-2, the clause at FAR...

  19. ECHR rules on liability of ISPs as a restriction of freedom of speech

    Husovec, Martin

    2014-01-01

    The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on

  20. 17 CFR 230.175 - Liability for certain statements by issuers.

    2010-04-01

    ... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false Liability for certain... COMMISSION GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933 General § 230.175 Liability for certain... paragraphs 30-34 of Statement of Financial Accounting Standards No. 69) presented voluntarily or pursuant...