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


    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


    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.


    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


    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


    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


    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


    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


    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


    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


    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


    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.


    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)




    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.




    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.

  7. Limited Liability Company

    Jarolímková, Vendula


    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...

  8. Assets, liabilities and risks

    R. Thomson


    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.

  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)


    Ms. Sulistiowati


    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


    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


    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


    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


    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


    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.


    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.


    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


    Schechter, J.; Shahid, M. N.


    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. Some considerations on disciplinary liability overlapping criminal liability

    Ştefania DUMITRACHE


    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

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

    Arghya Kusum Mukherjee


    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.

  8. Civil Liability for Environmental Damages

    Daniela Ciochină


    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.


    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


    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.


    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.


    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


    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


    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...


    ... 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. Non-core Liabilities and Credit Growth

    Zubeyir Kilinc; Hatice Gokce Karasoy; Eray Yucel


    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...

  20. The Uneasy Case for Product Liability

    Polinsky, A. Mitchell; Shavell, Steven


    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....

  1. Calibration with Absolute Shrinkage

    Øjelund, Henrik; Madsen, Henrik; Thyregod, Poul


    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.


    ... 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.


    ... 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. School Liability for Student Suicides.

    Bjorklun, Eugene C.


    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)

  5. Adventure Programming and Legal Liability

    Frakt, Arthur N.


    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)

  6. University Liability for Sports Injuries.

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


    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)

  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)


    D. Ulianova


    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.


    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. Valuers’ Liability in Mortgage Valuation

    Gabriel Babawale


    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...

  15. [Liability of the expert witness].

    Jansen, C


    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

  16. 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)

  17. 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.)

  18. Total Liability for Excessive Harm

    Cooter, Robert D; Porat, Ariel


    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...

  19. Total Liability for Excessive Harm

    Cooter, Robert D; Porat, Ariel


    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...

  20. Minimizing liability during internal investigations.

    Morris, Cole


    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

  1. Optimization of firm's tax liability

    Švihálek, Pavel


    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


    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.




    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


    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


    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 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

  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 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

  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


    M. Malik


    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.

  10. Enterprise Liability, Risk Pooling, and Diagnostic Care

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


    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"...


    D. Ulianova


    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 ...

  12. Toward an epistemology of ISP secondary liability

    Burk, DL


    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...

  13. The Bank of England Bank Liabilities Survey

    Bell, Venetia; Butt, Nick; Talbot, James


    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.

  14. Products Liability, Consumer Misperceptions, and Market Power

    A. Mitchell Polinsky; Rogerson, William P.


    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...

  15. Optical tweezers absolute calibration

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


    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. Measurement of the absolute \

    Aunion, Jose Luis Alcaraz; /Barcelona, IFAE


    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.

  17. 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)

  18. 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)

  19. Global Cities and Liability of Foreignness

    Wernicke, Georg; Mehlsen, Kristian


    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....

  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


    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


    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. 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.)

  6. 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

  7. 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)

  8. 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)

  9. Legal liability and workplace violence.

    Brakel, S J


    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

  10. 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)

  11. 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)

  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


    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.


    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. 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

  16. 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)

  17. 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

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


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


    ... 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...

  20. A Study of Liabilities Scale in Telecommunication Enterprises


    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.

  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


    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. 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...

  5. Limited liability and the public's health.

    Rutkow, Lainie; Teret, Stephen P


    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

  6. 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

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

    Wouda, L H


    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

  8. 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)

  9. 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

  10. 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)

  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. Product Liability Issues in Real Estate Brokerage

    Thomas Potter; Theron R. Nelson; Susan Logan Nelson


    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...

  13. 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

  14. Evidence in Liability Law - an introduction

    Vandenbussche, Wannes


    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).

  15. Technological change, accident prevention and civil liability

    Silva Ferreira, Flávio Henrique


    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...

  16. 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)

  17. Discounting Pension Liabilities: Funding versus Value

    Jeffrey R. Brown; George G. Pennacchi


    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...


    Jonathan K. Yoder


    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. 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




    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.

  6. Absolute transition probabilities of phosphorus.

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


    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.-

  7. 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

  8. 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

  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


    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. Analysis of your professional liability insurance policy.



    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

  11. 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)

  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.


    Mihaela Tofan


    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


    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


    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. 47 CFR 32.25 - Unusual items and contingent liabilities.


    ... 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...

  1. 7 CFR 1770.25 - Unusual items and contingent liabilities.


    ... 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...

  2. 26 CFR 50.5 - Liability for the tax.


    ... 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...

  3. 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)

  4. 16 CFR 240.13 - Customer's and third party liability.


    ... 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....

  5. 48 CFR 1452.228-70 - Liability Insurance.


    ... 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...

  6. 48 CFR 3052.217-95 - Liability and insurance (USCG).


    ... 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...

  7. 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.)

  8. 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)

  9. 26 CFR 1.461-2 - Contested liabilities.


    ... 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. 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.)

  11. 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)

  12. A Danish Twin Study of Schizophrenia Liability

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


    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. Sexual Harassment at Camp: Reducing Liability.

    Oakleaf, Linda; Grube, Angela Johnson


    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…

  15. Institutional Liability for Student Activities and Organizations.

    Richmond, Douglas R.


    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)

  16. 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.)

  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


    Daniela POPESCU


    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


    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


    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


    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. 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

  6. The allocation of authority under limited liability

    Puschke, Kerstin


    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...

  7. Individual and institutional asset liability management

    Hainaut, Donatien


    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.

  8. Provisions accountancy for pensions and similar liabilities



    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...


    Dorosh, N.


    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.

  10. Abuse Liability Profile of Three Substituted Tryptamines

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


    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...

  11. A Bank Asset and Liability Management Model

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


    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,...

  12. Office gossip: a surprising source of liability.

    Gregg, Robert E


    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

  13. 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

  14. Off-Balance-Sheet Federal Liabilities

    Hamilton, James D.


    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 ...

  15. Relative Performance Evaluation and Limited Liability

    Bhaskar, V.


    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...

  16. Legal liability of physicians in medical research.

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


    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

  17. 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).

  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


    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


    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. 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

  3. The Influence of Product Liability on Vertical Product Differentiation

    Baumann, Florian; Friehe, Tim; Rasch, Alexander


    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...

  4. Liability for the Payment of Public School Fees

    M Carnelley


    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.

  5. Government financial liabilities beyond public sector net debt

    Fenella Maitland-Smith


    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...

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

    Serkan Arslanalp; Yin Liao


    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...


    Catalin-Silviu SARARU


    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. 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

  10. The Liability for Damage in the Commercial Law

    Podojilová, Petra


    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...

  11. 7 CFR 3431.19 - Payment and tax liability.


    ..., 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)...

  12. 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)

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

    Werlauff, Erik


    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


    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. Measurement of the absolute speed is possible?

    Sergey V. Shevchenko; Tokarevsky, Vladimir V.


    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...

  17. Intrapartum fetal monitoring: liability and documentation.

    Miller, Lisa


    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

  18. Liability of Foreignness in Historical Context

    Lubinski, Christina


    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...

  19. 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)


    Laura Rimšaitė


    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. Contingent Liability Risks from State-Owned Enterprises

    World Bank


    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...

  2. 48 CFR 245.7310-3 - Liability and insurance.


    ... 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,...

  3. 48 CFR 47.207-7 - Liability and insurance.


    ... 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...

  4. 48 CFR 49.406 - Liquidation of liability.


    ... 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...

  5. 27 CFR 479.31 - Liability for tax.


    ... 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...

  6. 75 FR 1735 - Section 3504 Agent Employment Tax Liability


    ... 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...

  7. 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)

  8. 12 CFR 704.8 - Asset and liability management.


    ... 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...

  9. 31 CFR 315.56 - General instructions and liability.


    ... 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....

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

    Phillips, Peter W. B.; Smyth, Stuart


    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)…

  11. 12 CFR 202.16 - Enforcement, penalties and liabilities.


    ... 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,...

  12. 31 CFR 223.9 - Valuation of assets and liabilities.


    ... 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...

  13. 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)

  14. 7 CFR 46.10 - Nonlicensed person; liability; penalty.


    ... 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...

  15. 33 CFR 153.405 - Liability to the pollution fund.


    ... 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...

  16. 39 CFR 3060.13 - Valuation of liabilities.


    ... 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...

  17. 47 CFR 3.76 - Licensee's liability for payment.


    ... 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...

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

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


    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.

  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. Absolute Income, Relative Income, and Happiness

    Ball, Richard; Chernova, Kateryna


    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…

  5. Monolithically integrated absolute frequency comb laser system

    Wanke, Michael C.


    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


    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. New Conformal Invariants in Absolute Parallelism Geometry

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


    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.

  8. Introducing the Mean Absolute Deviation "Effect" Size

    Gorard, Stephen


    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…

  9. Inequalities, Absolute Value, and Logical Connectives.

    Parish, Charles R.


    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)