This new bilingual (English and French) edition of the 1960 Paris Convention and 1963 Brussels Supplementary Convention incorporates the provisions of the Protocols which amended each of them on two occasions, in 1964 and 1982. The Expose des motifs to the Paris Convention, as revised in 1982 is also included in this pubication. (NEA)
3 July 1985: Convention signed in Brussels on 31 January 1963, supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and Act approving the Protocols to amend the Paris Convention and the Brussels Supplementary Convention
This Act refers to the Brussels Supplementary Convention approved by Belgium in 1966 and ratified on 20 August 1985 and approves ratification of the Protocols of 16 November 1982 to amend the Paris Convention and the Brussels Supplementary Convention respectively. The Protocols are reproduced in French, Dutch and German. (NEA)
The reform of the Paris Convention on Third Party Liability in the Field of Nuclear Energy and of the Brussels Supplementary Convention. An overview of the main features of the modernisation of the two conventions
The arrival of nuclear energy gave rise to the need, almost half a century ago, to devise a regime of liability in keeping with the new risks associated with this technology: risks that were not only catastrophic, but also insidious, because they were incapable of detection by ordinary human beings. The principles underlying this regime have stood the test of time, even if the accusation is now sometimes made that some of them were also designed to protect an industry in its infancy. These principles are as follows: the operator of a nuclear installation is objectively liable, meaning that the victim of nuclear damage does not have to prove fault in order to be compensated; - channelling of the liability onto the operator alone, both to avoid sterile debate between professionals and to allow the insurance sector to mobilise the necessary resources; - financial limitation on the liability of the operator. The international nature of the nuclear industry, the serious risk of transborder damage and the carriage operations in this sector led to international conventions being entered into which, having enshrined the three abovementioned principles, were designed in particular to: avoid jurisdictional conflicts arising between a number of courts belonging to more than one state; - prevent the available coverage from being unwisely used up by excluding from its benefit those assets connected with the operation of installations; - fix uniform periods of limitation; - regulate transport operations in order to guarantee continuity of coverage; unify and limit clauses excluding liability. These were the guiding principles that led to the signing, in succession, of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, a regional instrument within the framework of the OEEC (which became the OECD in 1961) in 1960 (referred to hereinafter by the initials PC), and the Vienna Convention on Civil Liability for Nuclear Damage, a worldwide instrument under the
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)
Among the different points studied by the Contracting Parties and exposed in this communication is the amount of the operator's liability. Another achievement is that the Paris Convention countries have agreed, in principle, that the revised Convention will contain a provision expressly permitting a Contracting Party Convention country to establish the unlimited liability of its operators. The definition of nuclear damage continues to raise difficulties, especially in the geographical application field. (N.C.)
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)
This Agreement intends to facilitate the settlement of disputes, if they are due to an event (caused by the peaceful utilisation of nuclear energy) which occurs on the territory of one State and gives rise to damage on the territory of the other State. Unlike the Federal Republic of Germany, Switzerland has neither ratified the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy nor the Brussels Supplementary Convention of 31st January 1963. This might result in diverging interpretations by the German and Swiss courts, in particular, regarding the competent courts and the laws applicable if a third party liability problem were to arise between both countries. The Agreement therefore aims to settle these matters directly by treaty between the States before the courts are confronted by an occurrence of damage and have to seek a solution which conforms to international private law. (NEA)
In spite of the active role Switzerland played during the negotiation process of the Paris Convention, it only recently ratified the Convention including all its amending Protocols. The whole Paris regime will become binding for Switzerland only upon entry into force of the Protocols of 2004. Concurrently, the Federal Council will put into force a revised Swiss Nuclear Liability Act and ratify the Joint Protocol. Being a party to the Paris regime and the Joint Protocol, Switzerland will be in treaty relationships with Paris states and with Vienna states which are party to the Joint Protocol. This paper assesses the legal protection of Swiss victims and the liability risks faced by Swiss operators and other potential defendants (such as suppliers and builders) under the new legal regime with a particular view to conflict of laws issues. For the purpose of this assessment the paper examines which courts will be competent to hear claims of Swiss victims and against Swiss defendants in different scenarios, which law these courts should apply, whether or not the principle of legal channelling will apply and what the applicable liability amounts are. The assessment shows an ambiguous picture: Swiss operators, suppliers and builders clearly benefit from a higher degree of legal certainty. While in the absence of treaty relationships Swiss operators could potentially be sued before any foreign court, there will now be only one court with jurisdiction over claims of victims of convention states; Swiss suppliers and builders for their part will be protected by the principle of legal channelling, which basically exempts them from any liability risk. Swiss victims will benefit from treaty-backed entitlement to compensation from foreign operators; also, the judgements rendered in their favour will be enforceable in the whole convention territory; however, the limitation of the operator's liability in many Paris and Vienna states, raises doubts about whether the available funds
Portugal is a Contracting Party of the Paris Convention which establishes a special system of liability for the operator of nuclear installations in Contracting States: absolute liability and its limitation in amount and in time. The Brussels Supplementary Convention, to which Portugal will accede in accordance with this Decree of 24 April 1984, introduces an additional compensation in two further tiers, the first out of public funds from the country where the nuclear incident originates and the second, highest amount, out of public funds from all Contracting States in cases where damage exceeds the sum to be paid by the Contracting Party concerned. (NEA)
A few years after the adoption of a Protocol to amend the world-wide Vienna Convention on Civil Liability for Nuclear Damage and of a new ''global'' Convention on the Supplementary Compensation of Nuclear Damage (September 1997), the countries which are party to the Western Europe based Paris and Brussels Conventions are working on the revision of these instruments within the OECD Nuclear Energy Agency. The objective of this exercise is not only to preserve the compatibility of the Paris and Vienna provisions, which is now an imperative deriving from the application of the 1988 Joint Protocol linking these two Conventions, but also to substantially improve certain features of this regime such as its technical and geographical scope of application, the facilitation of the rights of victims to defend their claims and, of course, the level of funds effectively available to compensate the damage. This paper reviews briefly the recent evolution of the international nuclear liability regime and discusses some of the challenges which the nuclear countries are facing in this context. (author)
The work being undertaken by the 14 countries, party to the 1960 Paris Convention in preparing a revised instrument will or so it is to be hoped provide a more comprehensive scope of liability and a larger compensatory fund for the protection of potential victims. Both these developments have serious implications for insurers or other providers of financial security. Equally they are of concern to society itself as it will be necessary to balance the needs of the individual for example, in obtaining redress for injury or damage to personal property with the need to provide for the ''common good''. The author's paper will attempt to explore these avenues, to point to perceived difficulties and, perhaps, to acceptable solutions. (author)
This Ph.D.-research deals with the International Conventions on Third Party Liability for Nuclear Damage. In 1960, the Paris Convention was established with the aim of providing a special uniform nuclear third party liability regime for Western Europe. This Convention was supplemented in 1963 by the Brussels Supplementary Convention. Also in 1963, the Vienna Convention, which aimed to establish a world-wide system based on the same principles as the Paris Convention, was adopted. A further Convention was adopted in 1971 to ensure that nuclear third party liability law and not maritime law would apply to carriage of nuclear materials by sea. In 1988, the Paris and Vienna Conventions have been linked by the adoption of a Joint Protocol. In 1997, the process of amending the 1963 Vienna Convention was successfully concluded and a Convention on Supplementary Compensation was adopted. This Ph.D.-research consists of seven chapters: following an introduction, the second chapter gives a general view of the existing international legal sources. The third chapter describes the international civil nuclear liability law concept and its leading principles. The main element of this work is the question of the technical and geographical scope of the international nuclear liability conventions (chapter IV and V). The conventions are only applicable to nuclear incidents, which occur in a nuclear installation or incidental to the carriage or storage of nuclear material. The nuclear damage must arise out of the radioactive properties of nuclear substances which are also defined by legal terms. In addition, the scope of the conventions is limited by the nature of the installations. The geographical scope of application is established by the provisions on geographical coverage. Only the 1963 Vienna Convention does not contain any specific provision dealing with the territorial scope of its application. The geographical scope determines where the nuclear incident or the nuclear damage
This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA)
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.)
The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)
Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 ('the Paris Convention'). The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 ('the Vienna Convention'). In various discussions, the term 'nuclear liability patchwork' is used to describe this existing situation. One of the problems arising from this 'patchwork' is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union ('EU') by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ('Brussels Regulation'), this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation. This paper aims to outline the 'patchwork' of these rules that are applicable to nuclear third party liability cases in the EU and to point out the main consequences arising from this legal framework difficult to comprehend.5 Its scope, however, is limited to the legal issues arising from a nuclear incident occurring in a nuclear installation situated within the territory of the European Union
The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage. This paper begins by summarizing the approach of the Paris and Vienna Conventions. It then analyses the jurisdictional rules applicable to accidents and damage occurring in States which are not party to one of the two dedicated international nuclear regimes, concentrating the attention on the rules applicable in the European context, rules which can be found in the 1968 Brussels Convention. Finally it looks at the solutions given to some of the issues analysed in this article, issues addressed by the Irish courts in a ongoing case. (A.L.B.)
This new Act on nuclear third party liability maintains the two essential principles established by the law in force, namely those of causation and the channelling of liability on to the operator of a nuclear installation. On the other hand, the Act waives the principle of third party liability limited in amount and provides that the person liable must commit himself for an unlimited amount. Such liability is covered as follows: by private insurance up to 300 million francs; by the Confederation up to one thousand million francs over and above the amount covered by private insurance; by all the assets of the person liable. (NEA)
Italy, traditionally a party to the Paris/Brussels system, signed the two new conventions as early as October 1997, in a mere gesture of 'good will' but intended to give concrete expression to its determination to participate in the general effort to create a global regime of nuclear third party liability. Italy regards this as a target to be pursued independently of its own choice as to a nuclear power programme, in that such a regime, if adequate, is beneficial to all countries involved, whether they are producers or potential victims. We therefore attach the utmost importance to the current revision of the Paris Convention, (the other pillar of the whole system and decisive for the desired uniformity of the system) as well as to the revision of the Brussels Supplementary Convention, whenever it might be felt that this revision should be pursued. The achievement of a true global regime is all the more important as a minimum goal, considering that Italy - just as other countries - has always stressed the need for a comprehensive regime of nuclear liability covering also the international liability of States. This kind of liability, in fact, is referred to by a provision in the new Conventions, which is merely intended to leave general public international law unaffected, and therefore meets only in part and indirectly the international liability of States issue in the nuclear sector. (author)
Apart from the considerable increase in the amounts of cover, two basic factors lie behind the Swiss government decision to propose shortly to parliament a draft revised L.R.C.N.(federal act on nuclear third party liability). These are, firstly, that the revised Paris/Brussels system still incorporates the principle of the limited liability of the operator of a nuclear installation but now contains a minimum liability amount (liability threshold) and no longer a maximum amount (liability ceiling), and secondly, that the States parties are allowed to provide in their national legislation for the unlimited liability of operators. One of the aims of ratifying the revised conventions is to enable most victims to obtain fair compensation on an egalitarian basis for damage caused by a nuclear incident, and also to join an international system for compensating nuclear damage based on solidarity between states, most of them nuclear. (N.C.)
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)
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
In terms of liability and compensation issues, the response of the international community to the accident at Chernobyl has been comprehensive, aimed at modernising two outdated international regimes, linking them together and adopting a brand, new global one - all this in the hope of bettering the situation of victims of a nuclear accident, wherever they may be found. That improvement will be brought about in a number of ways once all of the relevant international instruments have entered into force. Much more money will be available to compensate victims of a nuclear accident and that money will be more readily and easily accessible. More victims will be entitled to compensation, both in terms of the type of damage that they have suffered and where those victims were physically located at the time they suffered it; in some cases, such as under the Supplementary Compensation Convention, victims in states other than that of the liable operator will be in a privileged position as regards a portion of the available compensation. In addition, the period in which claims for compensation can be made in respect of personal injury and loss of life has been extended, in recognition of the fact that some such injuries may not manifest themselves for many years after the accident has occurred. Yet despite the lessons learned from Chernobyl, despite the attempts to make these new or amended instruments as attractive as possible to encourage the broadest possible adherence, their acceptance by individual states has not been overwhelming. This is particularly true in the case of the VC Protocol and the CSC where the required liability amounts and financial security limits were intentionally established at levels deemed to be acceptable to the vast majority of potential parties. It is equally discouraging to see that Ukraine has not ratified either the VC Protocol or the CSC, even though it signed both shortly after their adoption in 1997. Similarly, the Russian Federation has
The negotiations to revise the Paris and Brussels Supplementary Conventions aimed to improve the existing international nuclear liability regime, and the texts of the two amending Protocols resulting from those negotiations have been finalized. Their entry into force will provide a higher level of compensation to more victims for a broader range of nuclear damage, should an accident occur. (author)
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)
... 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....
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
The Price-Anderson Amendments Act of 1988 has introduced sweeping changes into the nuclear third party liability regime in the United States. The basis principle that a single, assured source of funds for compensation of those injured by a nuclear incident, regardless of the party actually at fault, has been maintained. The amount of such funding has been increased tenfold, to more than $7 billion, with a commitment that even more will be made available by the Congress, if needed. The scope of compensable injury has been broadened to include precautionary evacuations. With respect to contractors carrying out the defense-related nuclear activities of the Government, the changes have been equally momentous. The ceiling on Government idemnification has risen to keep pace with the maximum amount of licensee liability. Provisions designed to provide greater incentive to adherence to all nuclear safety standards have been added, authorizing the imposition of substantial civil and criminal sanctions for violations
The bill is intented to improve the liability regime for the protection of the population of the two neighbour countries against possible transfrontier effects of nuclear facilities of the two countries. The third-party liability agreement has been signed on 22 October 1986 in Bern/Switzerland to the effect that the Swiss Confederation is regarded as having acceded to the Paris Convention on Third Party Liability. The bill in hand is to create the basis for a ratification of the agreement, in accordance with Art. 59, para 2, 1st sentence of the Basic Law. (orig./HP)
The modernisation of international conventions governing third-party liability in the nuclear field is essentially an attempt to resolve certain shortcomings whilst setting out higher compensation sums and extending the cover for nuclear damage for which compensation is payable. The latest convention revisions occurred in 2004 and led to the adoption of protocols amending the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Convention supplementing the Paris Convention. However, the substance of the current regimes is largely the result of conventions drawn up in the 1960's and, in the eyes of the general public, the changes made in 2004 are mainly concerned with increasing the compensation sums. Despite the proposed increases in the compensation amounts, there is certainly no doubt that the potential costs of a major nuclear accident will not be fully covered by the revised Conventions. In other words, the actual compensation amount in the event of nuclear damage is quite low if we refer back to known events. By way of example, the direct cost of the Fukushima Daiichi nuclear power plant accident is estimated to be above EUR 100 billion according to different sources. The accident virtually bankrupted the Tokyo Electric Power Company (TEPCO) immediately after this event. The economic costs of the Chernobyl accident, however, are difficult to assess even now. But, according to various sources, the costs also exceed USD 100 billion. The Fukushima Daiichi and Chernobyl accidents share common characteristics. First, the amount of damage could have been even higher had the accident occurred close to major population centres or if the wind direction at the time of the accident had been different. Second, no compensation was provided by the insurance world. Further, these two accidents did not occur within the framework of the new amended conventions (the latest revision of the Paris Convention has still not taken effect). These
The Chernobyl accident reminded insurers that the potential expenses connected with the handling and settlement of claims following a major nuclear accident can be very significant. These are a direct consequence of the accident and funds must be available to pay for these costs as well as for indemnities to victims. Claims expenses at present have to be borne by the insurers in addition to the sums insured for the compensation of third parties. If governments intend to increase the statutory amounts of liability, this would reduce the insurers' ability to make the maximum possible capacity available for indemnities to victims. Therefore, before increasing further the statutory limits of liability, governments should - in revising the Paris Convention - consider allowing insurers to include claims handling expenses in their total sums insured
The Paris Convention and the Brussels Supplementary Convention have in substance remained unchanged since their adoption in 1960 and 1963, respectively. During that period, nuclear industry and technology have developed considerably while the financial and monetary bases of the Conventions have been shattered. The amounts of liability and compensation have been eroded by inflation, and the gold-based unit of account in which these amounts are expressed has lost its original meaning after the abolition of the official gold price. The question of revising the Conventions, in particular of raising those amounts and of replacing the unit of account, is therefore being studied by the Group of Governmental Experts on Third party Liability in the Field of Nuclear Energy of the OECD Nuclear Energy Agency. (auth.)
According to article 4 paragraph 2 of the act of July 8th, 1975 concerning the Convention on Third Party Liability including the Supplementary Conventions dated July 29th, 1960, concerning the Convention the Liability of Operators of Nuclear Ships and its Additional Protocol dated May 25th, 1962, and concerning the Convention relating to Civil Liability in the field of Maritime Carriage of Nuclear Material it is thus announced that 1) the Convention dated July 29th, 1960 on Third Party Liability in the Field of Nuclear Energy and its Additional Protocol dated January 28th, 1964 according to its article 19, 2) the Supplementary Convention to the Paris Convention dated July 29th, 1960 on Third Party Liability in the Field of Nuclear Energy and its Additional Protocol dated January 28th, 1964 according to its article 20 have taken effect for the FRG with reference to 1) on September 30th, 1975, with reference to 2) on January 1st, 1976. (orig.)
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
Decree No. 519 of 10 May 1975 of the President of the Republic on regulations implementing international instruments in the field of nuclear third party liability ratified and brought into force by Act No. 109 of 12 February 1974 and for co-ordination of the above-instruments with the provisions of laws in force
This Decree was made by the President of the Republic under a delegation of powers conferred by Act No. 109 of 12th February 1974 ratifying the Paris Convention and the Brussels Supplementary Convention on nuclear third party liability. Its purpose is to make provision for implementing these Conventions in domestic law and to amend national legislation accordingly, i.e. Act No. 1860 of 31st December 1962 on Peaceful Uses of Nuclear Energy. The provisions so amended are Section 1 (definitions) and Sections 15 to 24 (third party liability following from the peaceful uses of nuclear energy). In particular, the maximum amount of liability of the operator of a nuclear installations is set at 7,500 million lire; beyond this amount the ceiling of compensation which may be granted by the State's financial intervention is 43,750 million lire. In cases where damage exceeds this ceiling it will be compensated up to 75,000 million lire by a contribution from other countries Party to the above-mentioned Conventions. The Decreee came into force on 6th November 1975. (N.E.A.)
Thomas, Anthony; Heffron, Raphael J.
The law surrounding third party nuclear liability is important to all parties in the nuclear supply chain whether they are providing decommissioning services, project management expertise or a new reactor. This paper examines third party nuclear liability, and in particular, in relation to a Supplier in the nuclear energy sector in the United Kingdom (UK). The term "Supplier" is used in this paper and, depending on the context, is intended to cover all parties in the supply chain providing se...
Thomas, Anthony; Heffron, Raphael J.
The law surrounding third party nuclear liability is important to all parties in the nuclear supply chain whether they are providing decommissioning services, project management expertise or a new reactor. This paper examines third party nuclear liability, and in particular, in relation to a Supplier in the nuclear energy sector in the United Kingdom (UK). The term “Supplier” is used in this paper and, depending on the context, is intended to cover all parties in the supply chain providing se...
Delk, Kayla L
This article explores general principles of workers' compensation law and the ability to sue third parties for employee injuries by using case law and the treatise Larson's Workers' Compensation Law. This overview provides occupational health nurses with a background on workers' compensation law, who is liable for employee injuries, and how recovery from third parties is distributed between the employer or insurer and the employee. The author then explores interventions that occupational health nurses can implement to reduce employee injury and employer costs for providing workers' compensation. The goal of this article is to stimulate occupational health nurses' critical-thinking and problem-solving skills so they may identify risks and implement cost-effective solutions that will prevent injuries to employees. PMID:22387245
This paper refers to new questions which arise in the international nuclear third party liability regime, including issues related to waste - and its long-term management, environmental impact, the precautionary principle, emergency measures and differences in risks according to whether a nuclear incident takes place at a fixed installation or during the course of transport. The author notes that from industry's point of view, the amendments to the Vienna Convention which were adopted in September 1997 can be divided into three categories: those which are positive and should appear in a revised Paris Convention; those which are sensitive and require careful thought with a view to their improvement before incorporating them into the Paris Convention; and lastly those which may compromise the efficiency of the system. Among those amendments that the author suggests incorporating into the Paris Convention are the increase of liability amounts and the extension of geographic scope. He expresses some reservations in relation to the inclusion of preventive measures in the definition of nuclear accident, and the extension of the prescription period to thirty years for loss of life and personal injury. The author concludes by citing certain proposed modifications which he believes may threaten the existence of the regime. These include the proposal to expressly provide for the possibility of unlimited liability, along with the raising of the existing ceiling to an amount situated between 300 and 600 million SDRs; the extension of existing guarantees; the recent choice of certain States to reject the principle of channelling liability to the operator and the insertion of the notion of environmental damage into the regular mechanisms of third party liability without adaptation to the particular circumstances. The author expresses the opinion that risk cover and victim protection can and should be extended during the revision process, but within reasonable limits in order to
Following a review of the legal principles governing nuclear third party liability which are applied in most countries, this paper discusses certain reforms to this regime which have already been applied or are being studied in certain countries - namely the fixing of an unlimited amount of liability for nuclear damage. (NEA)
The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)
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
The Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention was adopted by the Conference on the Relationship between the Paris Convention and the Vienna Convention, which met in Vienna, at the Headquarters of the International Atomic Energy Agency on 21 September 1988. The Joint Protocol establishes a link between 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 Joint Protocol will extend to the States adhering to it the coverage of the two Conventions. It will also resolve potential conflicts of law, which could result from the simultaneous application of the two Conventions to the same nuclear accident. The Conference on the Relationship between the Paris Convention and the Vienna Convention was jointly organized by the International Atomic Energy Agency and the OECD Nuclear Energy Agency. This publication contains the text of the Final Act of the Conference in the six authentic languages, the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention, also in the six authentic languages and an explanatory note, prepared by the IAEA and NEA Secretariats, providing background information on the content of the Joint Protocol
The regime of civil liability for nuclear damages in the Romanian legislation is defined by Law no. 703/2001 on civil liability for nuclear damages, as well as Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper aims at presenting to the audience the main elements of the relatively recent legal framework, namely: the scope of Law no. 703/2001, as well as the subjects to whom such law applies, the regime of civil liability for nuclear damages in Romania (with special emphasis on the relevant responsibilities of nuclear operators), the Romanian nuclear damages compensation system, statute of limitation for claims, types of insurance and financial guarantees covering against civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage.(author)
A parent company’s liability for their subsidiary’s third-party injury, which arises from its own instruction, is a major issue in the law on corporate groups. The ‘separate legal entity’, ‘limited liability’, and ‘limited liability within limited liability’ principles in a pyramidal corporate group construction are the causal factors of this legal complication. Tanggung jawab induk perusahaan terhadap kerugian pihak ketiga dari anak perusahaan yang menjalankan instruksi induk perusahaan men...
Liability and prevention. Operation according to schedule and comprehensive documentation as protection against third party claims. Haftung und Risikovorsorge. Ordnungsgemaesser Betrieb und lueckenlose Dokumentation als Schutz gegen Ansprueche Dritter
Lattwein, A.; Schmidt, F.P.
The environmental liability act (UmweltHG) came into force on 1. Jan 1991. It is concerned with environmental liability and third party claims. The author shows how the environmental hazard can be reduced during normal operation, and how the liability risk can be minimized. (orig./BBR).
Full Text Available A parent company’s liability for their subsidiary’s third-party injury, which arises from its own instruction, is a major issue in the law on corporate groups. The ‘separate legal entity’, ‘limited liability’, and ‘limited liability within limited liability’ principles in a pyramidal corporate group construction are the causal factors of this legal complication. Tanggung jawab induk perusahaan terhadap kerugian pihak ketiga dari anak perusahaan yang menjalankan instruksi induk perusahaan menjadi permasalahan hukum utama pada perusahaan kelompok. Tiga penyebab permasalahan tanggung jawab hukum dalam perusahan kelompok disebabkan oleh berlakunya prinsip separate legal entity, limited liability, maupun limited liability dalam limited liability pada konstruksi kelompok piramida.
After Chernobyl accident, there has been a continuous world-wide tendency to strengthen the nuclear third party liability system both at international and domestic level, such as adoption of the Protocol to Amend the Vienna Convention and the Convention on Supplementary Compensation for Nuclear Damage (the 'CSC'), the amendment of the Paris Convention and the Brussels Convention supplementary thereto, and improvements of domestic nuclear liability laws in various countries. Our Nuclear Liability Act was amended too in 2001. To complete the improvement of our nuclear liability system and to cope with the issue on the protocol for the nuclear liability to be concluded between the KEDO and the DPRK in accordance with the Supply Agreement, it is required for us to adhere to the CSC. In that case, the method to become a party to the CSC, a plan to implement the Conventions in domestic legislation, the person to bear the contribution to the fund of CSC should be studied carefully. In addition to the adherence to the CSC, the adherence of the Viennal Convention should be analysed separately in depth to acquire legal stability for the settlement of transboundary nuclear damage
This paper will first set out in summary form the main provisions of the Paris Convention, the instrument under which issues of third party liability between the majority of NEA member states affected by any such incident would be resolved, and will then set out some of the perceived advantages and disadvantages which would result from an application of the provisions of the Convention to a non-nuclear state such as Ireland. This paper will then consider how Irish victims of a nuclear incident might re.cover compensation for loss and damage caused by such an incident. For reasons set out below, it is the view of the authors that Irish victims of such an incident could first bring their claim in Ireland or in France, that it is likely that Irish law would apply to any such claim and that any judgement, including any interlocutory judgement in such proceedings, could be enforced in the courts of any other European Union state, including France. (authors)
Third party liability of the nuclear power generation industry is discussed. It has several purposes. One is to clarify the distinctive features of nuclear liability as compared with traditional liability in tort. Particular interest is devoted to one such feature, namely the express liability limitation from which the nuclear power generation industry benefits. The causes and implications of this feature are discussed. One important implication of the current order is that the top risk of the nuclear power generation industry is explicitly or implicitly transferred to governments. This risk transfer can be regarded as a subsidy to the nuclear power generation industry. Subsidizations counteract efficiency. Therefore, the possibilities of neutralizing or abolishing the subsidy are explored. (author)
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)
One of the most difficult issues facing housing authorities is its potential liability to third parties for what is commonly referred to as the "antisocial behaviour" of its local authority tenants, or those living in accommodation under licence from the local authority. The term is now defined by s.1 of the Housing (Miscellaneous Provisions) Act 1997 as drug-related activity andlor: . . . any behaviour which causes or is likely to cause any significant or persisten...
Insurers have actively contributed to the negotiations on the revision of the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy. In the course of these negotiations they have pointed out that some of the proposals for revision may have consequences for insurers and could prove incapable of finding insurance support. This paper aims at explaining the revision related points, which could cause problems in respect of insurability. Furthermore, the writer takes the liberty to expand its scope to more generally include developments, which have the potential to influence the availability of insurance capacity. Therefore, also the insurance implications of terrorist acts combined with share market developments of recent years will be dealt with.(author)
A symposium on Nuclear Third Party Liability and Insurance, organised by the OECD Nuclear Energy Agency and the International Atomic Energy Agency in 1984 reviewed the fundamental principles of the nuclear third party liability regime and discussed the relationship of the insurance market with the international Conventions in this field. It also examined the concept of nuclear damage and a number of new issues raised by technical developments such as long-term radioactive waste management and decommissioning of nuclear installations. These proceedings reproduce the papers presented, in English or French, as well as the ensuing discussions and panel discussions. (NEA)
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)
Full Text Available There are two primary challenges for establishing nuclear third party liability (TPL regimes within multilateral nuclear approaches (MNA to nuclear fuel cycle facilities in the Asian region. The first challenge is to ensure secure and prompt compensation, especially for transboundary damages, which is also a challenge for a nation-based facility. One possible solution is that in order to share common nuclear TPL principles, all states in the region participate in the same international nuclear TPL convention, such as the Convention on Supplementary Compensation for Nuclear Damage (CSC, with a view to its entry into force in the future. One problem with this approach is that many states in the Asian region need to raise their amount of financial security in order to be able to participate in the CSC. The second challenge lies with the multiple MNA member states and encompasses the question of how decisions are to be made and responsabilities of an installation state are to be shared in case of a nuclear incident. Principally, a host state of the MNA facility takes on this responsibility. However, in certain situations and in agreement with all MNA member states, such responsibilities can be indirectly shared among all MNA member states. This can be done through internal arrangements within the MNA framework, such as reimbursement to a host state based on pre-agreed shares in accordance with investment and/or making deposits on such reimbursements in case of an incident.
Ministerial Decree of 3 March 1978 approving the general conditions of the third party liability insurance policy for operators of nuclear installations and the general conditions of insurance policies for third party liability for transport of nuclear materials
This Decree by the Ministry for Industry, Commerce and Crafts and the Ministry for transport of Italy was made in implementation of Section 2 of the Decree No. 519 by the president of the Republic of 2 May 1975 amending Section 15 to 24 of Act No. 1860 of 31 December 1962 on the Peaceful Uses of Nuclear Energy. This present Decree approves the general conditions of third party liability insurance policies for operators of nuclear installations and for transport of radioactive materials. (NEA)
Full Text Available In the current context of reinventing the trading company law, at the end of a lengthy and extremely difficult economic crisis, when every participant in the economic life tried to find their own way to adapt and make their activity survive the new social and commercial realities, not few were the cases when some of the Shareholders were excluded and their liability was drawn onto the legal person itself. Nevertheless, there is a type of legal liability of the former Shareholders, excluded from the Company, that still is quite deficiently regulated and, despite the sound argumentation and comprehensive regulation of Law no. 31/1990, it fails to provide a clear and detailed explanation of the consequences, namely, of the consequences the exclusion of a Shareholder has over the Third Parties of good-faith that the legal person (the Company had or continues to have legal relations with. This paper thus aims at analysing one of the main effects of excluding Shareholders from the company, namely the extent of their liability towards the Third Parties, and it is structured in five parts, as follows: 1 Introduction, 2 About the Shareholders’ exclusion, 3 The effects of excluding a Shareholder from the Limited Liability Company, 4 The excluded Shareholder’s liability towards the Third Parties and 5 Conclusions.
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)
Taking into account the impact of damage owing to the Fukushima Daiichi Nuclear Disaster, the argument of review on Japanese nuclear third party liability system is carried out. As the Fukushima Disaster raised serious legal problems on Japanese nuclear third party liability system that the JCO critical accident did not present, fundamental reformation of the system may be carried out. This paper clarified and analyzed legal problems that Fukushima Disaster raised. In addition, in order to alleviate the problems, this paper showed two options to reform the nuclear compensation system. Our conclusions are summarized as follows. (1) The compensation of the Fukushima Disaster raised the following problems. 1. Regardless of whether the operator has the legally liable for the damage, the necessity of quick victim relief and compensation forced the operator to compensate the damage. 2. Because the damage occurred in broad area and in long term, and cause identification and the calculation of damage amount are difficult, private settlements become so hard that the number of civil litigations increased dramatically. (2) The problems mentioned above are due to the following current legal shortcomings. 1. The victims are not relieved enough unless making bear the operator compensation liability, because Japanese nuclear third party liability system is based on ordinary rules of civil tort liability. 2. The procedure for immunity of operator's nuclear third party liability is not stipulated. 3. The authority of the Dispute Reconciliation Committee for Nuclear Damage Compensation is restricted and cannot discourage damage suits. (3) To overcome the problems, this report showed proposal for system reformation as follows. 1. In order to relieve the victims regardless of whether the operator is liable for the nuclear damages, it is necessary to legislate a Nuclear Disaster Relief Act to relief victims from the viewpoint of governmental aid. 2. It is necessary to introduce the
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.)
Responsibilities for the construction and operation of the first nuclear power plant have been transferred from the National Nuclear Energy Commission to Electrobras, a public undertaking set up for this purpose. In view of such transfer of responsibilities and the implementation of further nuclear power projects, liability for nuclear damage has to be regulated in a way consistent with international conventions. A working group associating representatives of national authorities and public utilities was entrusted with the task of drafting rules for co-ordinating their respective activities in relation to the execution of the first nuclear power project; these rules were issued by Ministerial order in 1970. The working group also prepared a draft law on civil liability for nuclear damage, based on the Vienna Convention. This draft law has reached its final stage and, after promulgation, will enable Brazil to ratify the Vienna Convention. (author)
Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS and
Full Text Available The article presents research results, indicating, that VAT third party joint and several liability in an efficient antifraud element of the Polish VAT system. As the experimental verification of joint and several responsibility proves, there are situations, in which the VAT fraud is possible when this element of the VAT system is not applied, and is not possible any more when the element is applied, which indicates the efficiency of thereof and proves the hypothesis of the present article.
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)
O'Reilly, Jane; Aquino, Karl; Skarlicki, Daniel
This research takes a moral perspective to studying third parties' reactions to injustice as a function of their moral identity. Drawing from theories of deontic justice, moral intuition, moral heuristics, and moral identity, we develop and test a model of the moral underpinnings of third parties' reactions to injustice. First, we compare third parties' responses with interpersonal, distributive, and procedural justice violations. We hypothesize that third parties are more likely to intuit that interpersonal justice violations are morally wrong, compared with distributive and procedural justice violations. As a result, third parties are more likely to experience stronger moral anger and punish violators in response to interpersonal transgressions compared with distributive and procedural justice transgressions. Second, we test the proposition that third parties with a strong moral identity will react more strongly to justice violations than third parties with a comparatively weak moral identity. Results from 3 studies support these predictions. PMID:26214088
Two pieces of legislation have been enacted in the United States to provide a framework for the management of radioactive waste and spent nuclear fuel: the Low-level Radioactive Waste Policy Act (1980) and the Nuclear Waste Policy Act of 1982. Neither of these statutes provide a means for resolving third party liability issues arising out of radioactive waste management. However, the Price Anderson Act (originally enacted in 1957) provides a system of financial protection that can be applied to waste management activities and that can resolve most issues pertaining to liability for nuclear damage that may result from long-term management of radioactive waste and spent nuclear fuel. (NEA)
In accordance with the 2001 amendment of the Nuclear Liability Act of 1969, the definition of nuclear damage was extended, the amount of liability and compulsory financial security became 300 million SDRs, prescription period for personal injury or loss of life became 30 years. Under the condition that the benefit of becoming a party to a international nuclear liability regime keeps in equilibrium with the cost thereof, we may become a party to the convention
Nuclear power considerably benefited mankind since it was utilized peaceably. The cleanness, safety and high efficiency of nuclear power were gradually known and recognized by the public. However at the same time, nuclear power had produced significant accident and consequently caused severe aftereffects during its utilization. Therefore, effective management of nuclear risk and reducing its accident probability are the social responsibilities of every nuclear nation. From the insurance point of view, this document analyzes the validity and development trends of nuclear third party insurance in nuclear risk management. It also introduces effectual experience in this field from nuclear insurance developed countries. This document discusses the necessity of consummating nuclear third party insurance under the aggressive development situation of nuclear power in our country. (author)
The importance of Canada's natural gas industry to remain competitive on a global level was discussed. Third party processing is a tool that the Canadian gas industry can use to overcome the relative disadvantage of smaller, and therefore more expensive, gas processing plants in Canada, and to maintain, and even improve, its competitive position vis-a-vis its US counterparts. The principal role of a third party processor is to provide midstream services such as raw gas gathering, field compression, gas processing, sales gas transmission, and natural gas liquids fractionation. Some third party processors also provide marketing services. Third party processors add value to the gas producer by reducing risk, reducing cost, improving reliability, and improving netbacks. The many variables involved in determining the economic viability of third party processing, including the quantity and deliverability of the raw resource, facility capacity, capital investment, operating costs, technology, fee structures, operational reliability, and speed, among others, were examined and the significance of each variable was explained
German insurance companies at a very early stage met the challenges resulting from the coverage of nuclear risks. Even before the German Atomic Energy Act entered into force, the German Nuclear Reactor Insurance Pool (Deutsche Kernreaktorversicherungsgemeinschaft) was set up. International cooperation has helped it to meet the growing requirements to this day. It will continue to make its contribution also in the future. A major precondition for this to be achieved is the stabilization of the proven concepts of liability and coverage. (orig.)
This work aimed to create viable test automation for Finland’s Slot Machine Association’s mobile casino software. The work contains a test plan for the software, and an introduction of the selected automation framework. The software is developed by a third party. The results of this thesis indicate that testing third party software differs tremendously from testing in-house developed software. Instead of a multiphased testing process, only a one shot acceptance testing run can be performe...
The adoption of the Joint-Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and NEA, was hailed as a landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. This article describes the history of the Joint Protocol during the many years it took to develop this link between the two Conventions, provides a comment on its objectives and content, and discusses some important questions related to its application. (NEA)
This booklet is published in a single edition in English and French. It contains decisions, recommendations and interpretations concerning the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy adopted by the OECD Steering Committee and the OECD Council. All the instruments are set out according to the Article of the Convention to which they relate and explanatory notes are added where necessary
This paper contains same basic data about the legal norms relating to the third party liability system for nuclear damage that are in force in Croatia. It also describes the provisions of the new Croatian Act on Liability for Nuclear Damage, giving emphasis on those implementing substantial changes compared to the old Act. Finally, it contains some remarks relating to the possible adoption of Vienna Protocol and Convention on Supplementary Compensation of 1997 or Pariz/Brussels conventions as an alternative and at the end about the practice on the insurance of nuclear risks in the last twenty years by the Croatian Pool. (author)
The Third Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons was held in Geneva from 27 August to 21 September 1985, with a view to assuring that the purposes and provisions of the Treaty were being realized. The Conference ended with the adoption by consensus of a Final Declaration, by which the States parties, among other things, solemnly declared their conviction that the Treaty was essential to international peace and security and expressed their support for its objectives. This Fact Sheet provides information on the preparations for the Conference, developments at the Conference and the main features of the Final Declaration. Te text of the Treaty is reproduced in Disarmament Fact Sheet No. 33, and its historical background is contained in Fact Sheet No. 41
This article in three parts analyses cover for damage to third parties by fixed nuclear installations, cover for damage to third parties during transport of nuclear substances and finally, cover for damage to nuclear installations. Part I reviews the principles of nuclear third party liability and describes nuclear insurance pools, the coverage and contracts provided. Part II describes inter alia the role of pools in transport operations as well as the type of contracts available, while Part III discusses material damage, the pools' capacities and the vast sums involved in indemnifying such damage. (NEA)
The adoption of the Joint Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and the NEA, was hailed as landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. The present article attempts to describe the history of the Joint Protocol during the many years it took to develop this link between the two conventions, to provide comment on its objectives and content, and to discuss some important questions related to its application
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)
As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as Burford Group Ltd., Calunius Capital LLP, Fulbrook Management LLC and others, and the discussion and debates generated a great deal o...
The Occupational Safety and Health Administration's (OSHA's) Process Safety Management (PSM) regulation was promulgated in 1992. The U.S. Environmental Protection Agency's (EPA's) corresponding Risk Management Program (RMP) rule followed in 1996. Both programs include requirements for triennial compliance audits. Effective compliance audits are critical in identifying program weaknesses and ensuring the safety of facility personnel and the surrounding public. Large companies with corporate and facility health, safety, and environmental groups typically have the resources and experience to conduct audits internally, either through a corporate audit team or the sharing of personnel between multiple facilities. Small to medium sized businesses frequently do not have the expertise or the resources to perform compliance audits, and rely on third-party consultants to provide these services. This paper will discuss the observations of the authors in performing audits and working with PSM/RMP programs across a number of market sectors (e.g. chemical, petrochemical, pharmaceutical, food and beverage, water treatment), including effective practices, hurdles to successful implementation and execution of programs, and typical program shortcomings. The paper will also discuss steps to improve the audit process and increase effectiveness whether performed by a third party or internally
对第三方物流经营人的含义、法律地位与责任形式进行了界定，讨论了《合同法》中关于第三方物流经营人对委托方法律责任的认定及其异同，最后对第三方物流经营人对实际物流经营人的追偿问题进行了讨论。%In this paper, we defined the connotation, legal status and liability form of the third party logistics operator, discussed the recognition of the liability against it in favor of the clients in the Contract Law, and at the end, studied the issues in the damage recovery of the third party logistics operator against the logistics activity providers.
... employer, M makes monthly vacation payments (of a sum equal to a certain percentage of the remuneration... writing with the district director, service center director, or compliance center director to extend...
Mitchell, Marie S; Vogel, Ryan M; Folger, Robert
This research examines 3rd parties' reactions to the abusive supervision of a coworker. Reactions were theorized to depend on 3rd parties' beliefs about the targeted coworker and, specifically, whether the target of abuse was considered deserving of mistreatment. We predicted that 3rd parties would experience anger when targets of abuse were considered undeserving of mistreatment; angered 3rd parties would then be motivated to harm the abusive supervisor and support the targeted coworker. Conversely, we predicted that 3rd parties would experience contentment when targets of abuse were considered deserving of mistreatment; contented 3rd parties would then be motivated to exclude the targeted coworker. Additionally, we predicted that 3rd parties' moral identity would moderate the effects of 3rd parties' experienced emotions on their behavioral reactions, such that a strong moral identity would strengthen ethical behavior (i.e., coworker support) and weaken harmful behavior (i.e., supervisor-directed deviance, coworker exclusion). Moderated mediation results supported the predictions. Implications for theory and practice are discussed. PMID:25243999
M. Venditti; E. Reale; L. Leydesdorff
Nations, universities, and regional governments promote the dissemination of scientific and technical knowledge. They focus on knowledge-based innovations and the university’s economic function in terms of technology transfer, intellectual property, university-industry-government relations etc. Facu
Haoxiong Yang; Jindan Li
Adding the third party logistics enterprises between the suppliers and the retailers is a kind of the development of VMI mode, in this mode; inventory pressure is transferred to the third party logistics enterprise. In view of this situation, the VMI inventory control model which treats total inventory control costs as the objective function is built based on from four dimensions: the inventory holding costs, the fixed delivery costs, replenishment costs and customer waiting costs. After solv...
Most recently, several Contracting Parties to the Vienna Convention announced their plans to play an important role in the process of “nuclear renaissance” in Europe. However, this process cannot be limited to a mere multiplication of nuclear facilities, but must be accompanied by strengthening of the legal and regulatory framework. Taking the potential magnitude of a nuclear incident into regard, strengthening of the existing legal framework for the nuclear third party liability must play an eminent role in this legislation. This paper deals with the current liability frameworks in both countries, analyzing the implementation of theirs commitments arising from the Vienna Convention on Civil Liability for Nuclear Damage of 1963. Further, it points out major challenges for the future development in this field, in particular taking the provisions of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage of 1997 into regard. (author)
The Insight Conference has seven articles on the following aspects of the conference theme: I - overview of the Bankruptcy and Insolvency Act and Companies' Creditor's Arrangement Act; II- the effects of bankruptcy and insolvency on exploration agreements; III - the effects of bankruptcy on CO and O, unit and pooling agreements; IV - impact of bankruptcy and insolvency on marketing and transportation agreements; V - claims of operators, non-operators and third parties arising from oil and gas operations; V I - buying and selling assets from a bankrupt or insolvent party; and VII - environmental liability for receivers, trustees and others in the petroleum industry. Abstracts/descriptors are included for articles II, V, and VII. separately
This paper provides an analysis of the possible complications and consequences with respect to nuclear liability and insurance protection applicable in respect of transport activities resulting in damage suffered and/or accidents occurring in EU States that are not party to the Paris Convention. It looks at the different legal aspects (jurisdiction, applicable law, liability amounts, reciprocity) should the revised Vienna and Paris Convention become applicable in comparison with the unrevised Conventions. Within Europe, a large number of States are party to the 1960 Paris Convention and the 1963 Brussels Supplementary Convention, providing liability and insurance protection, in general, up to a limit of 300 million SDRs (or even higher). In principle, such protection is confined to nuclear incidents occurring and nuclear damage suffered in the territory of Contracting Parties, including, as recommended, the high seas, unless the legislation of the Installation State determines otherwise (Article 2). The geographical scope of application of the Paris Convention would thus vary according to the law of the Installation State. However, some EU States never became party to the Paris Convention, and are not bound by its the liability principles (notably, channelling of liability), such as Austria, Luxembourg and Ireland. Transport accidents involving these countries might therefore result in liability claims outside the treaty liability regime against operators, suppliers, carriers or persons involved and for types of damages different from those currently covered by the Paris Convention (e.g., environmental damage). It is uncertain to what extent liability insurance of the installation operators would provide adequate protection and whether related damage claims can be enforceable. In addition, a number of newly entered EU States are party to the Vienna Convention, which, although bound by liability principles basically similar to those of the Paris Convention, will
The Contracting parties recognize the importance of the measures provided in the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third party liability in the Field of Nuclear Energy as well as in national legislation on compensation for nuclear damage consistent with the principles of these conventions. The Contracting parties desire to establish a worldwide liability regime to supplement and enhance these measures with a view to increasing the amount of compensation for nuclear damage and encourage regional and global co-operation to promote a higher level of nuclear safety in accordance with the principle of international partnership and solidarity
The 'Centro Italiano Ricerche and Studi Assicurativi' (CIRSA) has published the proceeding of a round table it organised in 1976 on insurance for nuclear risks. The topics discussed covered the relevant national legislation, in particular, regarding liability and compensation for nuclear damage, the financial security required, the insurance system. The papers and ensuing discussions are reproduced in full, and the Appendix contains for consultation, all the texts of the laws in this field. (NEA)
Xiaoye Zhou; Xiuyi Xie
This paper introduces ways and advantages of third-party logistics enterprise servicing manufacturing enterprise, analyses supply-chain of manufacturing enterprise and further studies for the organization structure of third-party logistics enterprise servicing manufacturing enterprise, to seek to the enterprise organization structure which has the best combination in third-party logistics enterprise with manufacturing enterprise.
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.)
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ZHANG Man; QIAO Hui; WANG Xu; PU Ming-zhe; YU Zhi-jun; ZHENG Feng-tian
Stakeholders in the ifeld of food safety management in China can be classiifed into three categories, government, food producers (farmers and enterprises), and the third-party regulatory bodies. The third-party regulation has experienced rapid development in past twenty years, and recently received considerable attention from consumers and the central government. This paper provides a review about the development, problems and future trend of the third-party regulation on food safety in China. To be speciifc, ifve forms of the third-party regulation are assessed, including media exposure, the third-party certiifcation, regulation by consumer associations, social movements promoted by non-governmental organiza-tions (NGOs), and regulation by industry associations. The study concludes that media and consumer associations are the major players in the third-party regulation and are highly repudiated among customers. The food certiifcation industry has developed rapidly, but is now facing crises of conifdence among consumers because of its lack of self-regulation. NGOs and industry associations stil remain in the early development stages of food safety management, and therefore, are of little importance in current regulatory bodies.
... COMMISSION 17 CFR Part 275 RIN 3235-AK39 Political Contributions by Certain Investment Advisers: Ban on Third...'' or ``SEC'') is extending the date by which advisers must comply with the ban on third-party.... The effective date for the ban on third-party solicitation under rule 206(4)-5 of the...
Bubphapant, Jitpisut; Thammasaro, Ramrada
Title: The effects of online third-party opinions toward Consumer Purchasing Decision on cosmetics products in Thai market Seminar date: June 4th , 2012 Course: Master thesis in International marketing, 15 credits Purpose: The overall purpose of this research is to explain the understanding of the effects of online third-party opinions toward consumer purchasing decision process on cosmetics products in Thai market. This includes the investigation of effective used of online third-party opi...
... January 16, 2013 (78 FR 3646). \\4\\ The Produce Safety proposed rule was published in the Federal Register... Guidance on Third-Party Certification for Food and Feed In the Federal Register of July 10, 2008 (73 FR... 1 and 16 Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety...
This Act amends the 1965 Act, in particular by specifying that the maximum amount of liability of the operator of a foreign nuclear ship is that fixed by the legislation of the State concerned, unless otherwise agreed with that State, but may in no case be lower than that set out in the 1965 Act, namely 500 million French francs. (NEA)
... Reserve Leverage for A Rbic § 4290.1240 Funding of RBIC's draw request through sale to third-party. (a... 7 Agriculture 15 2010-01-01 2010-01-01 false Funding of RBIC's draw request through sale to third-party. 4290.1240 Section 4290.1240 Agriculture Regulations of the Department of Agriculture...
The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized
This Decree was made in implementation of Section 45 of the 1964 Act on nuclear energy. It contains provisions on third party liability for nuclear damage, the type of security to cover such liability and State intervention in compensating nuclear damage. The Decree was amended by two Decrees of 28 March 1968 and 7 November 1968 respectively. In particular, the latter Decree implements the provisions of the Paris Convention, ratified by Spain and fixes cover for nuclear risks at 350 million pesetas. (NEA)
The International system of nuclear civil liability is based on two international treaties: the Paris convention (24.07.1960) and the Brussels convention (31.01.1963), with a time limit for ratification in each concerned country at 30.10.1968. The Paris convention treats compensation and transfrontier problems, the amount of compensation is limited, the Brussels convention specifies the financial system of compensation. The Vienna system under the IAEA auspices gives minimal norms of financial protection against damages and stood in may 1963 thirty three parties signed it. Hungary, Poland, Lithuania, Romania, Armenia, czech republic, Estonia, Bulgaria, Slovakia, Latvia, Ukraine, Belarus, Moldavia have joined the Vienna convention, then the Russian Federation that had signed the Convention in 1996 became member in august 2005. New elements appear such measures of remedial action or measures of prevention of reduction of nuclear damages are included, the new protocol increases the geographical area by taking into account the maritime areas because of the evolution of the international sea law. The transport needs specific contracts between parties, the only case of exoneration is the armed conflicts, civil war, insurrection. The time of loss of right comes from ten years to thirty years, for deaths and body damages, the others types of damages stay fixed at ten years. The most important revision is about the limit financial amount for the nuclear operator that is increased and the calculation of methods of funding for each contracting party is tackled. In fact it appears that more important funds will be available to make compensation for a more important number of victims. The revised system guarantees that the liability chain will never be broken. (N.C.)
That this article first analyzes the fault of a third person is the defenses of the tort cases of fault liability. Then it comprehensively reviews the evolution of the fault of a third person＇s position in China＇s environmental legislation, and for theoretical arguments about whether the fault of a third party is the defenses in civil liability for environmental pollution. It proposed that in any subsequent revision of China ＂marine environmental protection law＂ and ＂water pollution control act,＂ and even the development of specialized environmental tort liability act, we should clearly define the fault of a third person, which are not the defenses in all areas of environmental pollution, while we also need to set up the mechanism of investigating the civil liability for fault of a third party leading to the environmental pollution and set up a social relief mechanism.%本文分析了第三人过错是过错责任侵权案件的抗辩事由，全面梳理了第三人过错在我国环境立法中的地位演变，并就第三人过错是否为环境污染民事责任抗辩事由的理论争议进行了深入的述评。提出在以后修改《海洋环境保护法》及《水污染防治法》，甚至制定专门的环境侵权责任法时，除了明确规定在所有环境污染领域第三人过错都不是抗辩事由外，还需合理地设置第三人过错污染环境民事责任的追究机制和社会化救济机制。
霍艳芳; 付叶; 杨立向
In view of the problems compromising the widespread adoption of the logistics liability insurance in China, such as high premium and unscientific calculation basis, we proposed on the microscopic level the plan of solution, namely introducing the NCD dynamic charging model into the adjustment of the premium of the logistics liability insurance and then in light of the characteristic of the third party logistics industry, comprehensively considering the influence of the number of claims for compensation, the amount claimed, and total coverage, rearranging the rule of transference and improving the original NCD model. At the end, we used a case analysis to demonstrate the validity of the improved NCD model.%针对中国物流责任保险费率过高、计算依据不科学,从而难以推广应用的现状,在微观层面上提出解决方案-将NCD计费动态模型引入物流责任险费率调整中来,并结合第三方物流行业特点,综合考虑索赔次数、索赔额和投保总额的影响,重新确定转移规则,对原NCD模型进行改进.最后通过案例说明改进后的NCD模型能够使计费依据更加合理,求得的保费更能切实反映第三方物流企业所处的风险水平.
... contained in 28 CFR 16.52. ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Accounting/nonaccounting of disclosures... and Procedures § 513.35 Accounting/nonaccounting of disclosures to third parties....
Arbitration is consensual by nature. Therefore, arbitration agreement is usually binding on the parties privy to the contract containing the arbitration clause. Nevertheless, general principles of contract law allow for extension of an arbitration clause to third parties only if free, knowing and complete consent of such party to arbitrate is established. It is difficult to tailor this rule to the situation when a bill of lading issued under a charterparty contains a reference clause, which b...
Kwok Hung Lau; Haibo Huang
Information and communication technology (ICT) is an important tool to enhance efficiency and responsiveness in modern-day supply chains. Owing to fierce market competition and rapidly changing business environment, organizations are forced to focus on their core competency and outsource their logistics function to third-party logistics (3PL) firms. In order to work hand-in-hand with customers to meet their day-to-day logistics needs, 3PL companies have to make use of ICT for efficient commun...
Siti Hasnah Hassan; Haslenna Hamdan
Consumers become more concerned about the products they consume as they become aware of the benefits of third-party certification marks on product packaging and advertisements. Consumers look for food product packaging that includes information such as GMO free, organic, eco-friendly, country of origin or religiously based labels, such as kosher and Halal. This study examined the impact of a Halal certification mark as both an advertisement and a signifier of third-party certification for non...
Zheng Hong Zhen
Full Text Available Dispersion of reverse logistics resources makes it difficult to create relationships between demanders and providers, thereby the personalized demand for the construction of enterprise reverse logistics cannot be satisfied and the service quality cannot be guaranteed. Aiming at these problems, this paper presents a platform and method of enterprise reverse logistics based on bilateral resource integration (RLBRI. The method creates a third-party reverse logistics platform to accumulate a mass of reverse logistics demanders and providers together. And the platform integrates bilateral resources and acts as an intermediary to establish relationships between two sides. Through the platform, a complete and high-quality business chain for enterprise reverse logistics will be built efficiently. Finally put forward an effective strategy of non-defective reverse logistics depends on the integrity checking service provided by third-party logistics. By using this strategy it can short the distance of non-defective reverse transportation. Computational tests validate the strategy.
Siti Hasnah Hassan
Full Text Available Consumers become more concerned about the products they consume as they become aware of the benefits of third-party certification marks on product packaging and advertisements. Consumers look for food product packaging that includes information such as GMO free, organic, eco-friendly, country of origin or religiously based labels, such as kosher and Halal. This study examined the impact of a Halal certification mark as both an advertisement and a signifier of third-party certification for non-Muslims in Malaysia. The results show that non-Muslims do not think that advertisement with Halal certification mark is offensive. Structural equation modeling (SEM analysis shows that sensitivity toward advertisement is positively related to attitudes toward advertisements, and that attitudes toward advertisements have a significant and positive relationship with behavioral outcomes. These findings enhance understanding of the effect of advertisement with Halal certification mark on non-Muslim consumers in Malaysia.
Over the last decade or so, a number of significant improvements have been made to the international nuclear liability regimes. The first major advancement was the adoption, in September 1997, of the Protocol to amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage (VC Protocol) and of a new Convention on Supplementary Compensation for Nuclear Damage (CSC). This was followed, in February 2004, by the adoption of Protocols to amend both the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (PC Protocol) and the 1963 Brussels Convention Supplementary to the Paris Convention (BSC Protocol). The principle goal of these new instruments is to provide more compensation to more victims in respect of more types of nuclear damage suffered than ever before. A second objective, at least for the VC and PC Protocols, is to maintain compatibility between the Paris and Vienna Conventions, thereby ensuring the smooth functioning of the 1988 Joint Protocol Relating to the Application of the Vienna Convention (VC) and the Paris Convention (PC). In addition, both Vienna and Paris Convention States wish to ensure that the newly revised Conventions will not prevent them from joining the global liability and compensation regime established by the CSC, should they so wish. However, one wonders to what extent these new instruments will attract a sufficient number of adherents to make them truly effective. While the VC Protocol is already in force, it has drawn surprisingly little support from the 1963 Vienna Convention States and even less from those countries with important nuclear generating capacity but which have not yet joined any of the international nuclear liability and compensation instruments. For its part, and notwithstanding its adoption almost 10 years ago, the CSC has not yet entered into force and only the future will tell whether it ever will, particularly given its strict requirements in this regard. As for the PC and BSC
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
The 1972 Nuclear Liability Act has been amended by an Act 1989 to bring its provisions in line with those of the Paris Convention and the Brussels Supplementary Convention as amended respectively by the 1982 Protocols. The 1989 Act also raises the limit of the nuclear operator's liability from 42 million Finnish marks (approximately 8 million Special Draing Rights - SDRs) to 100 million SDRs
... court to be incompetent due to physical, mental or age incapacity, may act for and on behalf of the... the committee or subcommittee. (10) Disclosure to the General Accounting Office (GAO). For...
Third-party payment solved the security of funds and goods and the credit about buyers and sellers in the online shopping process, which restricts development of online shopping. But there are also many problems, such as the nature, the legal status of the third party payment, what kind of legal relations with other parties, deposit funds and its fruits of attribution and preservation issues; laws do not make explicit provision for these issues. Regulation in place restricts the development of third-party payment, so this article provides an analysis on these issues.% 第三方支付解决了网络购物过程中资金和货物的安全以及买卖双方的信任问题，解决了制约网络购物发展的瓶颈问题。但是第三方支付同时也存在很多问题，比如第三方支付的性质如何，处于何种法律地位，与其他当事人存在何种法律关系，沉淀资金及其孳息的归属以及保全的问题，对于这些问题法律都没有做出明确的规定。监管不到位制约了第三方支付的发展，所以本文旨在分析这些问题。
The codes CONV45 and CONV56 convert data files from ENDF/B-4 to ENDF/B-5 and from ENDF/B-5 to ENDF/B-6 format respectively. The codes which were received from US National Nuclear Data Center were implemented at the IAEA Nuclear Data Section for use on personal computers. (author). 2 refs, 3 tabs
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
Anderson, James R.; Takimoto, Ayaka; Kuroshima, Hika; Fujita, Kazuo
Increasing interest is being shown in how children develop an understanding of reciprocity in social exchanges and fairness in resource distribution, including social exchanges between third parties. Although there are descriptions of reciprocity on a one-to-one basis in other species, whether nonhumans detect reciprocity and violations of…
A trend seen on the web today is to create a platform where externally developed applications can run inside some kind of main application. This is often done by providing an API to access data and business logic of your service and a sandbox environment in which third-party applications can run. By providing this, it is made possible for external developers to come up with new ideas based on your service. Some good examples on this are Spotify Apps, Apps on Facebook and SalesForce.com. Ipend...
<正>Cooperation on environment protection between China and France at the local government level received a further boost from a meeting between Beijing and Paris last December to consider development of environmentally friendly buildings and
At its meeting held on 17 and 18 November 2009, the OECD NEA's Nuclear Law Committee (NLC) discussed the issue of obtaining financial security to cover liability for environmental damage. The experts from the insurance industry observed that the liability for environmental damage under the '2004 Paris Convention on Third Party Liability in the Field of Nuclear Energy' (2004 Paris Convention)2 may differ from the liability established under the 'Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage' (referred to as 'directive'). This discussion put into focus the question whether the term 'liability' of the operator under the 2004 Paris Convention and under the directive covers identical concepts of 'compensation'. It is true that the directive, according to its Article 4, excludes nuclear risks or environmental damage or the imminent threat of such damage originating from defined nuclear activities from its scope of application. However, it reserves the right to amend that exclusion by 2014 [Article 18(2) and (3)]. Irrespective of this legal situation, there exists an understandable interest of the insurance industry and of other stakeholders as well to get clarification on which type of obligation the operator has to meet under both instruments, or in other words: which liability and coverage consequences does damage to the environment entail for the operator?
Markert, K. [Bundeskartellamt, Berlin (Germany). 8. Beschlussabteilung
Access of third parties to power transmission systems which up to now is governed in Germany by ownership rights will not run smoothly in future, although the general policy decision ended the dispute about the if, however leaving open aspects of the how. The problems arising in designing the how are currently displayed to the public by the disputes about conditions and model solutions reported from the telecommunications area, where deregulation is ahead of the developments in the energy sector. Obviously, the contention point is not technical feasibility of third party access, but the economic aspects and the conditions offered to competing suppliers depending on access to a transmission network. Hence it can be expected that there will be conflicts of interest that will have to be decided. The legal basis for conflict management is outlined in the recent amendment to the EnWG (German energy industry act), and jurisdiction will primarily rely on paragraph 6 of the act, referring to antitrust review. The contribution here gives an outline of the legal framework conditions governing enforcement of third party access to transmission systems in the future deregulated energy market. (orig./CB) [Deutsch] Die Oeffnung bisher geschlossener Netze fuer Drittwettbewerber verlaeuft auch dann, wenn ueber das `Ob` kein Streit mehr besteht, nicht konfliktfrei. Dies wird zur Zeit dem deutschen Publikum im Bereich der Telekommunikation mit fast taeglich neuen Varianten vorgefuehrt. Es geht dabei offensichtlich nicht um die technische Machbarkeit der Drittnutzung, sondern um die wirtschaftlichen Konditionen fuer Konkurrenten, die fuer ihr Leistungsangebot auf den Zugang zum Netz angewiesen sind. Konflikte ueber die Bedingungen dieses Zugangs sind daher vorprogrammiert, und es stellt sich die Frage, nach welchen Regeln und durch welche Gremien oder Institutionen solche Konflikte entschieden werden sollen. Der Beitrag umreisst die rechtlichen Rahmenbedingungen, die im neuen En
Andrew Daughety; Jennifer Reinganum
In this paper we use a signaling model to analyze the effect of (endogenously-determined) third-party non-recourse loans to plaintiffs on settlement bargaining when a plaintiff has private information about the value of her suit. We show that an optimal loan (i.e., one that maximizes the joint expected payoff to the litigation funder and the plaintiff) induces full settlement. Furthermore, in contrast with the more standard (no-loan) settlement bargaining models, there is no revelation of inf...
The entry into force of Law 12/2011 is postponed until the Protocols modifying the Paris and Brussels conventions take effect, since their content complements that of the Conventions. The most significant modifications are the extension of the suppositions of nuclear damage, the geographical scope of application and the time period for claiming personal damages, which is accompanied by higher coverage limits of up to 1,200 million euros. It also includes liability for damages caused by radioactive materials in the custody of the installation owner. (Author)
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.)
... BUSINESS ADMINISTRATION SMALL BUSINESS INVESTMENT COMPANIES Managing the Operations of a Licensee Borrowing... company (or, if approved by SBA on a case-by-case basis, from non-regulated lenders including shareholders... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Restrictions on third-party...
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)
The international legal framework applicable to the liability and compensation of damage caused by a nuclear incident has been considerably modified by the adoption, in 1997, of a Protocol amending the 1963 Vienna Convention and, in parallel, the adoption of a Convention on the Supplementary Compensation of Nuclear Damage. In 2003, the 1960 Paris Convention and the 1963 Brussels Convention Supplementary to the Paris Convention [were revised] with a view to substantially upgrading the protection of potential victims of nuclear damage. Although the main objective of this exercise of modernisation was to better cope with the consequences of serious nuclear incidents in land-based installations, it also had the effect of making significant changes to the liability regime applicable to the carriage of nuclear material, both domestic and international. Such changes concern in particular the right to indemnification of victims located in non-Contracting States, the limits of liability of the nuclear operator, including that for transport operations, the insurance arrangements for such operations and the determination of the competent courts, notably those of coastal states affected by an incident during maritime transport. (author)
Chao Rujikietkumjorn; Dr. Ferry Jie; Dr Henny Hendarty
This research explores the results of selecting a third party logistics service provider to carry out deliveries for online retailers in Thailand. A reliable third party logistics service provider have consistently been shown to increase the potential of online retailers, however if the chosen third party logistics service provider cannot perform the give tasks correctly, then it will damage the reputation of the retailers. Online retailers are often inexperienced in performing worldwide deli...
The amendments to this Act fall into two categories. The first category of amendments enabled Sweden to ratify two 1982 Protocols amending the Paris Convention and the Brussels Supplementary Convention respectively. The other amendments raise the nuclear operator's liability from 50 million to 500 million Swedish crowns per incident and introduce a State liability over and above compensation available under the Brussels Convention, thus raising the aggregate amount of compensation to 3,000 million Swedish crowns. (NEA)
Full Text Available A number of sociologists and other researchers have focused on the role of third parties since Simmel’s seminal conceptualization of the social organization of the triad. However, less attention has been given to third party presence in qualitative interviews, despite the fact that third party participation in interviews with people with chronic illness and/or disability occurs frequently. Here too it is assumed that third party presence promotes conflict, ignoring the role of third parties as facilitators who enable informants to articulate their perspectives. Therefore, I focus on Simmel’s concept of the triad, concluding that the role of facilitator must be added to the types he describes.
Full Text Available The main area of change in organizational strategy is the extensive use of third party logistics providers who are using advanced information technology tools and integration of supply chain to enhance customer satisfaction. By outsourcing the logistics operations, companies can focus on their core competencies and other important areas of organization which can’t be outsourced. The analysis of this paper is conducted by discussing different concepts of supply chain integration, customer satisfaction, advanced information technology and third party logistics providers, and their impact on customer satisfaction with theoretical framework. An analytical model is also presented.
This report has been elaborated in the context of the GIIGNL Commercial Study Group (CSG) activities, which include as one of its topics the 'Third Party Access to LNG terminals' (Topic 8), led by Enagas. The 2010 edition is the third update to the report presented during the meeting of the GIIGNL Commercial Study Group in Tokyo, Japan, in September 2007. - Section 1 includes a review of the regulatory TPA regimes of LNG terminals in operation in Europe. The existing regime in each country, or for each terminal, is reviewed following a number of subsections. Each subsection follows the same structure in order to better understand the different arrangements and facilitate comparisons. - Section 2 shows data on effective usage and TPA access to each LNG terminal since 2000. Three main data are shown where available: number of cargoes delivered, volumes unloaded / sent-out, and the part of these cargoes/volumes that correspond to third parties. - Section 3 includes a tariff comparison for TPA to LNG terminals in Europe, taking into account the terms and conditions in force as of July 2010. - A description of the regulatory situation in the US in Sections 4. Access conditions to the three terminals under regulated TPA have been included for the first time: Lake Charles, Cove Point and Elba Island. An overview of Mexico and Canada is also reported. - An overview of the regulatory situation in Japan is provided in Section 5. The information required for the elaboration of this report has been collected from official web sites (LNG operators, regulatory authorities and industry associations), public reports and industry and statistical data Enagas deems to be reliable. For the adoption of certain hypothesis in Section 3 Enagas has also relied in information directly provided by operators
Contracts on Research Reactors are normally entered into by the owner and - very often - later user and the supplier of such plants. They are not concluded by the fuel supplier, except fuel supplier and plant supplier are identical. Thus, the fuel supplier mostly has no direct influence into the contract negotiations and the clauses which are eventually agreed upon between the parties. So has any other subcontractor for any other system or component. Any such subsupplier can and will negotiate a subsidiary supply contract (subcontract) with the supplier of the plant. The supplier drafts the related clauses so as to pass on to the subsupplier as many risks out of his contracts as possible. The subsupplier, on the other hand, tries to protect himself, tries to limit the risks he takes over, e.g. to the worth of his subcontract maximum. A critical issue in such negotiations is those concerning the risks the supplier had to accept and the subsupplier, although he may be responsible later for the risk changing to reality; i.e. the occurrence of a loss, cannot be hold liable for in full because the subcontract limits his liability, e.g. to the subcontract value or a certain delay penalty. A typical example for this conflict are delays of the entire project caused by one subsupplier. A very specific case in this context is the so-called nuclear liability. Nuclear liability means being hold responsible for the consequences or damages originating from a nuclear event in the plant. Those consequences or damages may be suffered by third parties, which are neither the owner/operator nor the supplier and result in a liability to such party (third party liability). Several of the aspects below may be related to the nuclear liability issue: The supplier often has its registered office not in the country where the plant is; The supplier may have far bigger assets than the owner/operator. The legal system of the supplier's country may be more favourable for enforcing claims of
The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized.
Hsuan, Juliana; Prockl, Günter
Purpose - 3PL services are more or less individually designed bundles of logistics operations that are provided on the basis of a long term relationship between logistics service providers and their clients mostly in industry and retail. The appropriate degree of the individuality is however...... the more common elements is seen as a major success factor for the design of the service propositions. Design/methodology/approach - The explorative paper is combining major elements and frameworks from different interdisciplinary research streams, such as modularity and service design and adapts them...... to the subject of third party logistics. Findings - As a major result the paper is providing a conceptual model for the systematic and formal description of modularity and individuality in the configuration of third party logistics services. The model thus serves as a tool to classify and categorize...
B. J. Mali
Full Text Available In this paper, we propose a novel algorithm for mapping of service classes among multiple Internet providers on an end-to-end (E2E path. The third-party (3P approach is assumed for E2E service negotiation, whereas the foundation for class mapping is laid on the integer programming mathematical model. The algorithm selects service classes in domains on the path so that requirements for E2E quality of service (QoS are fulfilled. This selection is based on multiple constraints, referring to performance fulfillment and at the same time aiming to achieve minimal E2E interconnection cost through definition of a single objective function. Performance evaluation has clearly indicated benefits of the proposed algorithm in terms of QoS achievement and decreasing costs, as well as its suitability for services that require stringent QoS guarantees.
... Funding of NMVC Company's draw request through sale to third-party. (a) NMVC Company's authorization of... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Funding of NMVC Company's draw request through sale to third-party. 108.1240 Section 108.1240 Business Credit and Assistance...
Govindan, Kannan; Khodaverdi, Roohollah; Vafadarnikjoo, Amin
Purpose - Third-party logistics (3PL) plays a main role in supply chain management and, as a result, has experienced remarkable growth. The demand for 3PL providers has become a main approach for companies to offer better customer service, reduce costs, and gain competitive advantage. This paper...... criteria and identified the main criteria for 3PL provider selection. The most important criteria for 3PL provider selection are on time delivery performance, technological capability, financial stability, human resource policies, service quality, and customer service, respectively. Practical implications...... - The paper's results help managers of automotive industries, particularly in developing countries, to outsource logistics activities to 3PL providers effectively and to create a significant competitive advantage. Originality/value - The main contributions of this paper are twofold. First, this paper...
Peter F. Wanke
Full Text Available This article investigates the Brazilian third-party logistics (3PL sector which, increasingly competitive, offers clients a wide variety of services/information technologies in the quest to bolster efficiency. The main research objective is to determine which variables significantly impact 3PLs scale efficiency by applying two-stage DEA (Data Envelopment Analysis. Based on an unbalanced panel model, data from the annual study published by Revista Tecnologística (years 2001–2009 were analyzed. Results corroborate evidence in the literature that coordination mechanisms in the supply chain, supported by the availability of real time information and inventory synchronization, favor a more rational allocation of resources (inputs to client demands (outputs.
... prior art by third party requester following the order for inter partes reexamination. 1.948 Section 1... Responses (before the Examiner) in Inter Partes Reexamination § 1.948 Limitations on submission of prior art... partes reexamination order, the third party requester may only cite additional prior art as defined...
The well-institutionalised notion of audits put forth that information subjected to independent examination by third parties potentially contribute to better quality information for decision making (towards more sustainable companies?). The presence of different assurance providers offering a myriad of services in the name of “sustainability assurance” led to concerns about their quality and comparability and as a consequence a call for standards to regulate these services. This study analyse...
Full Text Available An anonymous transaction environment and the advantage of virtual property have resulted in trust playing an important role in the rapid growth of online shopping in China. To satisfy this trust issue, Alibaba (China Co., Ltd. (Hangzhou, China invented Alipay, the largest third-party online payment service. Using a structural equation model (SEM, this paper attempts to determine whether Alipay’s service quality factors are truly sustainable. The results indicate that only two of five factors—convenience and security—are significantly mediated by the sustainable performance of customer satisfaction as a mediator. The other three factors—usefulness, responsiveness and economy—were rejected for the role of customer satisfaction, even if they are accepted regarding the direct effect on reuse intention. This result implies that Chinese web companies need to make greater efforts not to ensure initial success, but instead to ensure sustainable performance.
Yongrok Choi; Lili Sun
An anonymous transaction environment and the advantage of virtual property have resulted in trust playing an important role in the rapid growth of online shopping in China. To satisfy this trust issue, Alibaba (China) Co., Ltd. (Hangzhou, China) invented Alipay, the largest third-party online payment service. Using a structural equation model (SEM), this paper attempts to determine whether Alipay’s service quality factors are truly sustainable. The results indicate that only two of five facto...
Aerts, Diederik; Sassoli de Bianchi, Massimiliano; Sozzo, Sandro
The scientific community is becoming more and more interested in the research that applies the mathematical formalism of quantum theory to model human decision-making. In this paper, we provide the theoretical foundations of the quantum approach to cognition that we developed in Brussels. These foundations rest on the results of two decade studies on the axiomatic and operational-realistic approaches to the foundations of quantum physics. The deep analogies between the foundations of physics and cognition lead us to investigate the validity of quantum theory as a general and unitary framework for cognitive processes, and the empirical success of the Hilbert space models derived by such investigation provides a strong theoretical confirmation of this validity. However, two situations in the cognitive realm, `question order effects' and `response replicability', indicate that even the Hilbert space framework could be insufficient to reproduce the collected data. This does not mean that the mentioned operational-realistic approach would be incorrect, but simply that a larger class of measurements would be in force in human cognition, so that an extended quantum formalism may be needed to deal with all of them. As we will explain, the recently derived `extended Bloch representation' of quantum theory (and the associated `general tension-reduction' model) precisely provides such extended formalism, while remaining within the same unitary interpretative framework.
Perego, P.; Kolk, A.
In this article we explore how multinational corporations (MNCs) adopt assurance practices to develop and sustain organizational accountability for sustainability. Using a panel of Fortune Global 250 firms over a period of 10 years, we document the diffusion patterns of third-party assurance of sustainability reports. We specifically investigate how evolving auditing practices, namely diversity of assurance standards and type of assurance providers, shape the quality of sustainability assuran...
This thesis first builds a framework to impose professional liability on Chinese auditors for misstatements and then tests the framework by field work. Auditor liability has been a recurring puzzle. This thesis intends to analyze the complex legal relationships among the players in typical auditing litigations, dissect the arguments from both the auditors and plaintiffs, and develop doctrines and check points that could help the litigation parties to evaluate the merits of thei...
Rob M. A. Nelissen
Full Text Available Third-party punishment has recently received attention as an explanation for human altruism. Feelings of anger in response to norm violations are assumed to motivate third-party sanctions, yet there is only sparse and indirect support for this idea. We investigated the impact of both anger and guilt feelings on third-party sanctions. In two studies both emotions were independently manipulated. Results show that anger and guilt independently constitute sufficient but not necessary causes of punishment. Low levels of punishment are observed only when neither emotion is elicited. We discuss the implications of these findings for the functions of altruistic sanctions.
He, Guang Ping
Recently, Lin et al. proposed a quantum protocol (Quantum Inf Process 13:239, 2014), which can compare the secret data of Alice and Bob without the help from a third party. Here it will be shown that the protocol is insecure. Both Alice and Bob can learn the secret of the other party without being detected.
POPEANGĂ VASILE NICOLAE
Romanian legislation stipulates incident in tax as a way of fighting outstanding tax debts in relation to certain conditionalities, the tax authorities can declare the insolvency of the debtor taxpayer and attracting joint liability of third parties on which transfer tax claims extinguish the obligation owed by the insolvent. According to various editions of the Dictionary of the Romanian Language through insolvency means "a situation in which the debtor whose assets are worth les...
The nuclear park has been constructed fairly recently and has not yet required large-scale maintenance efforts; however account should now be taken of the fact that periodic checks of nuclear power plants will imply systematic transfers of irradiated or contaminated materials outside the plants. In this context, the paper reviews the nuclear third party liability regime under the Paris Convention and the Euratom directives on radiation protection. It then describes the cover offered by insurance pools in several European countries. (NEA)
The decision of 1 November 1989 (8 A 2902/88) of the Superior Court of Administration of the Land Hessen in the F.R.G. deals in particular with the legal questions arising from a personal change in the top management (operator) of a nuclear installation, with the retroactive effect of nuclear licences in case of a change of activities in a licenced installation, preliminary approvals, the duties of a public authority in the process of developing a preliminary general statement, and the rights of third parties entitled to participate in the licensing procedure. (RST)
As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as Burford Group Ltd., Calunius Capital LLP, Fulbrook Management LLC and others, and the discussion and debates generated a great deal o...
The author's observations commence with -an overview of the principal amendments proposed in relation to the revision of the Paris Convention, in particular the inclusion of preventive measures, the definition of nuclear damage, the notion of reasonableness in respect of preventive measures and measures of reinstatement, increased liability amounts and extended prescription periods. He examines to what extent the insurance industry of today would be able to cover such risks, and the problems or doubts that it may encounter in doing so. This presentation also raises other questions which as yet remain unanswered, in particular the question of priorities and the role that complementary funding, namely the Brussels Supplementary Convention, will play in compensating victims. The author concludes by commenting on the current state of the insurance market. He suggests that before making irreversible political decisions in this field, Contracting Parties should, inter alia, carry out detailed analyses on the adequacy of the financial guarantees, in order to attain existing objectives and eliminate the obstacles which prevent the nuclear insurance market from being a competitive one. The author suggests that it might be in the interests of European nuclear operators to promote an insurance mechanism along the same lines as their American colleagues. (author)
Vasconcellos, Carlos Renato Aragonez de; Monte, Oswaldo [PETROBRAS, Rio de Janeiro, RJ (Brazil); Colen, Eustaquio; Cunha, Roberto de Souza; Oliveira, Hudson Regis de [Transportadora Brasileira Gasoduto Bolivia-Brasil, S.A., Rio de Janeiro, RJ (Brazil); Lima, Rogerio de Souza [RSL Consultoria Geoprojetos (Brazil); Schultz Neto, Walter [Milton Braga Assessoria Tecnica (Brazil)
The Bolivia-Brazil Natural Gas Pipeline has 2.600 kilometers from Rio Grande City in Bolivia to Canoas City, in the south of Brazil. The right-of-way crosses a lot of types of topography and areas subjected to various kinds of anthropological actions, like areas in class locations 3, locals under agricultural activities, forests and minerals explorations, and near constructions of highway and railway, industrial constructions, new pipelines in the same right-of -way, channels, dams, that requires special projects to avoid that the gas pipeline could be subject to strengths that were not consider in the original design. The aim of this paper is to present the jobs developed by TBG during seven years of gas pipeline operations, as public awareness program, procedures to design, construct and inspect specials constructions along and near the right-of -way, control of mineral and forest explorations, monitoring and controlling of excavations on the right-of-way to install new pipelines and optical cables, to reduce risks of gas pipeline damage due third party, as a component of TBG' Managing Integrity Gas Pipeline Program. (author)
Paper Company A was sued in a third party action suit initiated by a local utility who was a potential responsible party (PRP) to a contaminated site regulated under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) program. In addition to Paper Company A, other parties to the third party suit included Paper Company B and Contractor C, a demolition contractor/waste hauler. Other PRPs included land owners where the contaminated debris was dumped, Mr. and Mrs. D. Based on background information, Paper Company A dumped coal ash, off quality feed stock, wood and trash north of the D-property. Paper Company B admitted dumping material north of the D-property. Samples of industrial sludges on the D-property had properties characteristic of the Paper Company B's sludges. Paper Company B dumped ash, chromium contaminated gypsum sludge and other waste. The utility company dumped ash on the D-property. Contractor C hauled demolition debris to the D property. A third PRP, Company E was the original owner of the buildings that were demolished. This PRP settled with the EPA as part of a bankruptcy settlement. The hazardous substances encountered at the site included PCBs, chromium and lead in the coal ash, demolition debris and industrial sludges. Disposal of material containing hazardous substances resulted in PCB contaminated debris and sediment, and chromium and lead contamination in the sediment, soil and groundwater
Skurray, James H.; Pannell, David J.
Groundwater extraction can have varied and diffuse effects. Negative external effects may include costs imposed on other groundwater users and on surrounding ecosystems. Environmental damages are commonly not reflected in market transactions. Groundwater transfers have the potential to cause spatial redistribution, concentration, and qualitative transformation of the impacts from pumping. An economically and environmentally sound groundwater transfer scheme would ensure that marginal costs from trades do not exceed marginal benefits, accounting for all third-party impacts, including those of a non-monetary nature as well as delayed effects. This paper proposes a menu of possible management strategies that would help preclude unacceptable impacts by restricting transfers with certain attributes, ideally ensuring that permitted transfers are at least welfare-neutral. Management tools would require that transfers limit or reduce environmental impacts, and provide for the compensation of financial impacts. Three management tools are described. While these tools can limit impacts from a given level of extraction, they cannot substitute for sustainable overall withdrawal limits. Careful implementation of transfer limits and exchange rates, and the strategic use of management area boundaries, may enable a transfer system to restrict negative externalities mainly to monetary costs. Provision for compensation of these costs could be built into the system.
是否应对第三者课以民事责任成为这次婚姻法修改论争的焦点。笔者认为，追究第三者的法律责任缺乏理论支撑，又缺乏现实基础。目前理论上所提出的配偶权，以及由此生发出来的同居义务、贞操义务均无法诠释第三者的法律责任。从现实上来看，第三者问题广泛而且复杂，第三者概念模糊难以界定，其程序也具有不可操作性。因此，第三者问题由道德调整是较为现实的选择。%One of the points at issue about the amendment to Marriage Law is that whether a civil liability should be imposed upon a third party. The author believes the viewpoint that a third party should be investigated under the law is lacking for theoretical support and realistic base. The theory about consortium and duty of cohabitation and duty of chastity in Marriage Law can hardly find a way to investigate the legal responsibility of a third part. According to the social reality at present, the relevant problems concerning a third party are popular and perplex, the concept of a third party is difficult to be defined. And so, the procedure of enforcement is non-operative. According to the facts above -discussed about, the factum juridicum of a third party is readjusted by morality is a more suitable choice.
Working Party on International Nuclear Data Evaluation Co-operation (WPEC). Presentations and documents submitted to the 28. meeting, OECD Headquarters, Conference Centre, Paris, France, 9-13 May 2016
The NEA's nuclear data evaluation co-operation activities involve the following evaluation projects: ENDF (United States), JENDL (Japan), ROSFOND/BROND (Russia), JEFF (other Data Bank member countries) and CENDL (China) in close co-operation with the Nuclear Data Section of the International Atomic Energy Agency (IAEA). The working party was established to promote the exchange of information on nuclear data evaluations, measurements, nuclear model calculations, validation, and related topics, and to provide a framework for co-operative activities between the participating projects. The working party assesses nuclear data improvement needs and addresses these needs by initiating joint evaluation and/or measurement efforts. The 28. Meeting of the WPEC was the occasion to review the experimental activities, the evaluation projects and the Status of subgroups. This document brings together the available documents of the meeting: 1 - The Reports on experimental activities: Europe (NEA DB), Japan, USA, China; 2 - Some Brief progress reports from the evaluation projects: ENDF, JEFF, JENDL, BROND/ROSFOND, CENDL, IAEA, TENDL; 3 - The Status of subgroups: Subgroup 37 (Improved fission product yield evaluation methodologies); Subgroup 38 (A modern nuclear database structure beyond the ENDF format); Subgroup 39 (Methods and approaches to provide feedback from nuclear and covariance data adjustment for improvement of nuclear data files); Subgroup 40 (Collaborative International Evaluated Library Organisation (CIELO) Pilot Project); Subgroup 41 (Improving nuclear data accuracy of 241Am and 237Np capture cross-sections); Subgroup 42 (Thermal Scattering Kernel S(a,b): Measurement, Evaluation and Application); Subgroup C (High Priority Request List - HPRL); New Subgroups were proposed and presented: 43 - Code infrastructure to support a general nuclear database structure; WPEC long-term sub-group proposal: International standard for a general nuclear database structure
Kohonen-Corish, Maija R J; Al-Aama, Jumana Y; Auerbach, Arleen D;
The third Human Variome Project (HVP) Meeting "Integration and Implementation" was held under UNESCO Patronage in Paris, France, at the UNESCO Headquarters May 10-14, 2010. The major aims of the HVP are the collection, curation, and distribution of all human genetic variation affecting health. The...... framework of HVP activities: Ethics; Nomenclature and Standards; Publication, Credit and Incentives; Data Collection from Clinics; Overall Data Integration and Access-Peripheral Systems/Software; Data Collection from Laboratories; Assessment of Pathogenicity; Country Specific Collection; Translation to...... Healthcare and Personalized Medicine; Data Transfer, Databasing, and Curation; Overall Data Integration and Access-Central Systems; and Funding Mechanisms and Sustainability. In addition, three societies that support the goals and the mission of HVP also held their own Workshops with the view to advance...
Zaryab Sheikh; Shafaq Rana
The main area of change in organizational strategy is the extensive use of third party logistics providers who are using advanced information technology tools and integration of supply chain to enhance customer satisfaction. By outsourcing the logistics operations, companies can focus on their core competencies and other important areas of organization which can’t be outsourced. The analysis of this paper is conducted by discussing different concepts of supply chain integration, customer sati...
The objective of this paper is to present and examine the various legal interpretations which have been formulated in relation to the question whether the channelling of liability to nuclear operators applies equally to contractual and extra-contractual liability, or simply to the latter. The response to this question determines whether the operator of a nuclear installation can invoke the general liability of one of his suppliers in the event of nuclear damage to onsite property caused by that supplier's negligence. The author points out the uncertainty that exists for suppliers in relation to their scope of liability and the possibility of potential court cases, and expresses the conviction that this question calls for a definitive answer in the future. The author describes the two main postulates advanced in connection with this debate. The first theory denies the operator's right to invoke the general liability (responsabilite de droit commun) of one of his suppliers. Certain supporters of this theory believe however that this possibility may be provided for contractually. This theory is based on the premise that (i) the text of the conventions makes no distinction between contractual and third party liability; (ii) the Paris Convention provides that the operator can have a right of recourse if this has been expressly provided for by contract, which would appear to indicate that the founders of the Convention had given the question of contractual liability due consideration; and (iii) the founders of the Convention wanted to set up a practicable system of insurance of nuclear risk by channelling the risk to the operator and providing for limited liability. The second theory claims that the nuclear operator can invoke the general liability of a supplier even without a contractual clause to this effect. This particular interpretation is based on the supposition that Article 6 of the Paris Convention only concerns third party liability and rights of recourse in
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)
In this paper we focus on the role of third party referrals in the venture capital funding process. Taking network theory as our theoretical perspective we explore if and how third parties play a role in the funding process. Hereby we focus on both the network ties between new venture teams and third parties and the network ties between VC’s and third parties. To do so we collected in depth information on 25 venture capital investment decisions and studied how third parties played a role in t...
Full Text Available This research explores the results of selecting a third party logistics service provider to carry out deliveries for online retailers in Thailand. A reliable third party logistics service provider have consistently been shown to increase the potential of online retailers, however if the chosen third party logistics service provider cannot perform the give tasks correctly, then it will damage the reputation of the retailers. Online retailers are often inexperienced in performing worldwide delivery, thus the success of their operations lies upon the selected third party logistics service provider. The finding of this research suggests that the use of third party logistics service providers can affectE-retailers in both positive and negative ways. The finding indicates that reliable third party logistics service providers can enhance international delivery for online retailers. However this researchexamines only one retailer in Thailand, and thus does not represent all possible scenarios. To draw strict conclusions, the results of this finding will require further research, with more samples anddifferent regions.
... requirements used by the CPSC since passage of the CPSIA in August 2008. 77 FR at 31087-89. In addition, the... language in proposed Sec. 1112.27 states: ``A third party conformity assessment body, as a condition of its... conformity assessment body for purposes of an investigation under this part.'' (emphasis added). The...
OBJECTIVE: To investigate the response of dental practitioners to administration and remuneration adjustments to the Dental Treatment Services Scheme (DTSS) in the Republic of Ireland. DESIGN: Following the introduction of a series of administration and fee adjustments by a third party payments system in December 1999 the pattern of extractions and restorations are examined to determine whether the adjustments had influenced provider behaviour, in particular whether a substitution effect from extractions to restorations would result from a relative fee increase of 62% for amalgam fillings. DATA AND METHODS: Data on patient and provider characteristics from June 1996 to April 2005, collected by the Health Service Executive (HSE) National Shared Services Primary Care Reimbursement Service to facilitate remuneration to dentists providing services in the DTSS, was used in this analysis. A graphical analysis of the data revealed a structural break in the time-series and an apparent substitution to amalgam fillings following the introduction of the fee increases. To test the statistical significance of this break, the ratio of amalgams to restorations was regressed on the trend, growth and level dummy variables, using Ordinary Least Squares (OLS) regression. The diagnostics of the model were assessed using the Jarque-Bera normality test and the LM to test for serial correlation. RESULTS: The initial results showed no evidence of a structural break. However on further investigation, when a pulse dummy was included to account for the immediate impact of the fee adjustment the results suggest a unit root process with a structural break in December 1999. This implies that the amalgam fee increase of December 1999 influenced the behaviour patterns of providers. CONCLUSIONS: System changes can be used to change the emphasis from a scheme that was principally exodontia\\/emergency based to a scheme that is more conservative and based on restoration\\/prevention.
The energy utilities are dependent on the reliable functioning of the information and process control systems installed in the industrial plants. The contribution here discusses conceivable accident scenarios resulting from faulty timestamps in the computerized systems, including safety systems, and analyses the current situation with respect to third party liability of utilities as well as insurance aspects. (CB)
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
Tauzin, Tibor; Kovács, Krisztina; Topál, József
To investigate whether dogs could recognize contingent reactivity as a marker of agents' interaction, we performed an experiment in which dogs were presented with third-party contingent events. In the perfect-contingency condition, dogs were shown an unfamiliar self-propelled agent (SPA) that performed actions corresponding to audio clips of verbal commands played by a computer. In the high-but-imperfect-contingency condition, the SPA responded to the verbal commands on only two thirds of the trials; in the low-contingency condition, the SPA responded to the commands on only one third of the trials. In the test phase, the SPA approached one of two tennis balls, and then the dog was allowed to choose one of the balls. The proportion of trials on which a dog chose the object indicated by the SPA increased with the degree of contingency: Dogs chose the target object significantly above chance level only in the perfect-contingency condition. This finding suggests that dogs may use the degree of temporal contingency observed in third-party interactions as a cue to identify agents. PMID:27268590
Full Text Available Hotels cooperate with third-party websites to enhance their competitive position and attain sustainable development in the era of e-commerce. Furthermore, hotel managers overbook to hedge against last-minute cancellations and customer no-shows. This paper discusses pricing and overbooking strategies of a hotel in the context of cooperation with multiple third-party websites and analyzes how these strategies influence the cooperation process. The increase in profits resulting from the overbooking strategy is also examined. A model of a Stackelberg game between the hotel and third-party websites and a Nash game among the third-party websites are developed to analyze the process. Results indicate that the compensation coefficient has a slight influence on hotel pricing strategy, but causes a sharp decrease in overbooking level. As the hotel demands to lessen the probability of denying under higher compensation rate, the third-party websites would exert less sales effort to reduce the demand of online customers. Results also show that under a given market demand, hotel effort only serves to redistribute market shares among the hotel and third-party websites, without influencing hotel pricing and overbooking decisions. Specifically, the market shares of the third-party websites decrease in the effort level of the hotel resulting from an increase in the hotel market share. Finally, in the numerical example where one hotel and two websites are analyzed, hotel overbooking strategy improves hotel profit by 4.20%, whereas profit improvements for Websites 1 and 2 are as high as 5.26% and 5.21%, respectively. Managerial implications of the study are also provided.
At the International Conference on the Safety of Transport of Radioactive Material, held in Vienna in July 2003, it was noted that there are a number of liability conventions to which many States are Parties but to which many others are not, and that the provisions of the liability conventions and the relationships between them are not simple to understand. It was suggested, therefore, that an explanatory text for these instruments be prepared to assist in developing a common understanding of the complex legal issues involved and thereby to promote adherence to these instruments. In view of this suggestion, and in order to foster an effective, global nuclear liability regime, the International Expert Group on Nuclear Liability (INLEX) was established in September 2003. Since its establishment, INLEX has held several meetings, as a result of which it, inter alia, finalized explanatory texts on the nuclear liability instruments adopted under IAEA auspices in 1997, namely, the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage and the Convention on Supplementary Compensation for Nuclear Damage. These explanatory texts have since been published as IAEA International Law Series No. 3. Thereafter, INLEX also developed and finalized the present explanatory text on the 1988 Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention. This publication complements IAEA International Law Series No. 3 and comprises the explanatory text on the Joint Protocol and the text of the Joint Protocol as adopted by the Conference on the Relationship between the Paris Convention and the Vienna Convention, which met at IAEA Headquarters in Vienna in September 1988 under the joint auspices of the IAEA and the OECD Nuclear Energy Agency. It is hoped that this publication will further increase the awareness of nuclear liability as an important aspect of nuclear law.
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)
Clive L Spash
At the 21st session of the Conference of the Parties to the United Nations Framework Convention on Climate Change held in Paris, France, 30 November to 11 December 2015, an Agreement was reached by the international community including 195 countries. The Agreement has been hailed, by participants and the media, as a major turning point for policy in the struggle to address human induced climate change. The following is a short critical commentary in which I briefly explain why ...
The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs
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)
The Ninian Field, operated by Chevron on behalf of the Ninian Field Group, is a mature North Sea producer. Rationalization of the topside facilities and declining production rates had left spare equipment and capacity in the Platform production systems. This spare capacity coupled with Ninian's strategic location in the Northern North Sea made it an ideal candidate for tie-in of subsea fields. Staffa, Lyell and Strathspey, operated by Lasmo, Conoco and Texaco respectively, are three such third party subsea developments using Ninian topside facilities. The Ninian Third Party Project is unique since it is the first offshore development where three third party operated subsea fields are processed by another operator and developed within the same timescale. In addition, major topside modifications were performed while Ninian continued to operate. Through sharing the lessons learned by Chevron as operator and manager of the Third Party Project, others will benefit in improved efficiency, planning and organization for similar future endeavors. The impacts of managing a major project (over 3 million offshore construction manhours) with an existing operations infrastructure, interfaces with Third Party Entrants, safety, productivity and efficiency results are among the issues which will be addressed
This study conducts an overview of large technological systems in society to ascertain prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability. Several potential situations are examined: dam rupture, aircraft crash into a sports stadium, chemical plant accident, shipping disaster, and a toxic drug disaster. All of these events are estimated to have probabilities per year similar to or larger than a major nuclear accident and they are found to involve potential liability far exceeding the available resources, such as insurance, corporation assets, or government revenues
Tavrov, Dan; Chertov, Oleg
In the era of Big Data, it is almost impossible to completely restrict access to primary non-aggregated statistical data. However, risk of violating privacy of individual respondents and groups of respondents by analyzing primary data has not been reduced. There is a need in developing subtler methods of data protection to come to grips with these challenges. In some cases, individual and group privacy can be easily violated, because the primary data contain attributes that uniquely identify individuals and groups thereof. Removing such attributes from the dataset is a crude solution and does not guarantee complete privacy. In the field of providing individual data anonymity, this problem has been widely recognized, and various methods have been proposed to solve it. In the current work, we demonstrate that it is possible to violate group anonymity as well, even if those attributes that uniquely identify the group are removed. As it turns out, it is possible to use third-party data to build a fuzzy model of a group. Typically, such a model comes in a form of a set of fuzzy rules, which can be used to determine membership grades of respondents in the group with a level of certainty sufficient to violate group anonymity. In the work, we introduce an evolutionary computing based method to build such a model. We also discuss a memetic approach to protecting the data from group anonymity violation in this case. PMID:26844025
Taudal Poulsen, René; Sornn-Friese, Henrik
Profitable energy saving measures are often not fully implemented in shipping, causing energy efficiency gaps. The paper identifies energy efficiency gaps in ship operations, and explores their causes. Lack of information on energy efficiency, lack of energy training at sea and onshore and lack...... of time to produce and provide reliable energy efficiency information cause energy efficiency gaps. The paper brings together the energy efficiency and ship management literatures, demonstrating how ship management models influence energy efficiency in ship operations. Achieving energy efficiency in ship...... operations is particularly challenging under third party ship management. Finally, the paper discusses management implications for shipping companies, which outsource ship management to third parties....
“The Ombuds shall provide confidential assistance for the informal resolution of interpersonal issues, in the interests of the good functioning of CERN.”* In any institution, conflicts are inevitable. They can, however, offer an opportunity for a positive resolution. Relationships in a workplace are generally better and stronger between people who have been able to reach a positive resolution of their disagreement, than they are between people who get along moderately well. However, in disputes involving two antagonistic parties, people often forget that there is actually a third party behind the scenes: the institution. It is sometimes surprising to see that even people holding management responsibilities or hierarchical positions in projects fight each other, and completely forget that they are accountable for the good functioning of CERN. Commitment and professionalism are part of the five priority values of CERN, as expressed in its Code of Conduct: “Promot...
This article compares the linkages between organizational structure, power relations, and group identities within the private schools operated by the francophone Jewish communities of Brussels, Paris, and Geneva. A school's organizational structure and balance of power reflect its identity and its conceptual world. That is, its organizational…
In the early Nineties the Hague Conference on International Private Law on initiative of the United States started negotiations on a Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the "Hague Convention"). In October 1999 the Special Commission on duty presented a preliminary text, which was drafted quite closely to the European Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (the "Brussels Conve...
Full Text Available Koen Buyens, Music and nation building in BelgiumThe article examines the Brussels music scene (1830-1850 in relation to the efforts made at the time with regard to nation building after the Belgian Revolution of 1830. The first part focuses on François-Joseph Fétis, who was appointed director of the Brussels conservatorium in 1832. In this capacity, Fétis intended to model both the Brussels music scene and the national music scene according to his own clear-cut ideas. In the second part it is argued that musical life in Brussels was suffused with a military spirit. The music of military bands was probably the core element of the urban soundscape. The third part concentrates on the obstacles that hampered the country’s musical development. The crushing preponderance of Paris reduced the Belgian capital to a place of servile imitation. From 1840 onwards this provoked heated reactions among the early advocates of the Flemish case, who soon fell under the spell of German music.
Carmona, René A; Kohatsu-Higa, Arturo; Lasry, Jean-Michel; Lions, Pierre-Louis; Pham, Huyên; Taflin, Erik
The Paris-Princeton Lectures in Financial Mathematics, of which this is the third volume, will, on an annual basis, publish cutting-edge research in self-contained, expository articles from outstanding - established or upcoming! - specialists. The aim is to produce a series of articles that can serve as an introductory reference for research in the field. It arises as a result of frequent exchanges between the finance and financial mathematics groups in Paris and Princeton. The present volume sets standards with articles by René Carmona, Ivar Ekeland/Erik Taflin, Arturo Kohatsu-Higa, Pierre-Louis Lions/Jean-Michel Lasry, and Hyuên Pham.
The European Court of Human Rights (ECtHR) in Strasbourg handed down its first case concerning the liability of intermediaries. A ruling of the Estonian Supreme Court that imposed broad liability and a general monitoring obligation upon an internet news portal vis-a-vis third party comments made on
This book contains the short papers from the International Symposium on Convective heat and Mass Transfer in sustainable Energy ( Conv-09), organized on behalf of the International Centre for Heat and Mass Transfer, it was held on April 26- 1st May, In Hammamet, Tunisia. The objective of this conference is to bring together researchers in a forum to exchange innovative ideas, methods and results, and visions of the future related to the general theme of convective heat and mass transfer
This book contains the short papers from the International Symposium on convective heat and Mass Transfer in sustainable Energy ( conv-09), organized on behalf of the International Centre for Heat and Mass Transfer, it was held on April 26- 1st May, In Hammamet, Tunisia. The objective of this conference is to bring together researchers in a forum to exchange innovative ideas, methods and results, and visions of the future related to the general theme of convective heat and mass transfer
Full Text Available The lawsuit brought by Viacom and other copyright owners against YouTube underscores the uncertainties of the law of secondary liability for third-party copyright infringement. Particularly, it shows the strengths and weaknesses of the Digital Millennium Copyright Act, on which most Web 2.0 service providers heavily rely for protection from liability for their users’ infringements. This article explores the relationships between the protection granted by the DMCA safe harbors and the standards of secondary liability developed at common law, with special reference to that of inducement adopted by the U.S. Supreme Court in the Grokster case.
Lee, T D; McGibbon, A
A reductive approach was used to examine the potentiation of IgE responses by nematode infection. Ascaris homogenized extract, Ascaris pseudocoelomic (body) fluid (ABF) and purified Ascaris allergen (ABA) were tested for their ability to act as protein carriers and as mediators of potentiated IgE responses to third-party (ovalbumin; OVA) responses. All three nematode products were excellent protein carriers for the hapten dinitrophenol and showed significantly better activity in this respect than OVA. Neither ABF nor ABA enhanced the level of the IgE response to the third-party antigen but both prolonged the response markedly. ABF, but not ABA, induced high levels of total circulating IgE when given at the same time as OVA with alum. The data suggest that the enhancement and prolongation of IgE responses by nematodes may be two separate but related activities. PMID:8400897
Full Text Available The individual act of registering to vote is a first and exceedingly important step toward the full realization of each citizen’s participation in our democracy. A person registering to vote may elect to do so by mail-in form, contemporaneous to completing an application for a driver’s license, or by interaction with a representative of any number of voter-mobilization organizations active in this country. This Note focuses on the latter method of registration by examining third-party voter mobilization organizations, with specific reference to allegations of fraud perpetrated by one such group, the Association of Community Organizations for Reform Now (ACORN. While acknowledging genuine instances of fraud, the Note seeks equally to address the function of partisanship in animating allegations of fraud and the deleterious impact that politically motivated allegations have on the franchise and our elections.
Yang, Huadong; Li, Chaoping; Wang, Qing; Hendriks, A. A. Jolijn
Taking sides is one of the reactions available to third parties in handling a dispute. From the perspective of individual differences, this study was aimed at identifying lay third parties' motives for side taking and exploring their relations with the Big Five personality traits. We tested our assu
So as the Chernobyl accident showed, the effects of nuclear accidents can not be confined within the national boundaries but rather reach many countries and as such the protection of victims which the civil liability regime can afford should be shared fairly among the affected countries. These arguments backed nuclear industry and 'inspired' world's states in regulating the present juridical regimes. Besides, the international nuclear materials transport was likewise taken into consideration. The current international agreements as well as the national legislation of many countries are still inadequate and as such they create an impediment on the way of developing the international market of nuclear materials and equipment. There are two basic international juridical regulations regarding the civil liability: the Arrangement concerning the civil liability on third parties in the nuclear field (Paris Convention) agreed upon in Paris on July 29, 1960 under Nuclear Energy Agency of OECD and the IAEA Vienna Convention that came into force on May 21, 1962. This work presents an analysis of the main differences between the current international agreements and the main anxieties the suppliers are experiencing. A number of suggestions to solve the current problems of international nuclear legislation are discussed
Marije de Goede
Full Text Available Many organizations employ the services of third party recruiters in order to find suitable candidates for their free positions. Yet, we still know little about what drives search agents to use the specific recruitment tools they use. Based on institutional theory, we predicted three economic (costs and time investment, speed and longevity and three social factors (reactions by client organizations and by candidates, diffusion in the field to influence search agents' choice of recruitment procedures. Additionally, institutional theory suggested several moderators such as the contract structure between the search agent and their clients, the likelihood of follow-up work, the availability of suitable candidates and the economic uncertainty in the field. Assumptions were tested via an online-survey distributed to 149 search agents working in the Netherlands. Hierarchical linear modelling generally supported the relevance of the economic and social predictors proposed as well as the working of several, albeit not all, moderators proposed.
Vrieling, P. Douglas [Sandia National Lab. (SNL-CA), Livermore, CA (United States)
The attached cost analyses sheets have been developed for use in planning during the Third Party Alternative study currently underway for the Sandia CREATE project. This cost analysis builds upon the previously submitted base estimate dated June 14, 2013 and includes comparison information collected during a Market Validation exercise conducted in August/September 2013.
... Billing Agents AGENCY: Office of the Secretary, Department of Defense. ACTION: Proposed rule. SUMMARY: The... authority to sanction third-party billing agents by invoking the administrative remedy of exclusion or... on the part of third-party billing agents that prepare or submit claims presented to TRICARE...
Howe, Laura L S; McCaffrey, Robert J
A clash between neuropsychology and the law may exist when a demand is made for third party observation during forensic neuropsychological evaluation. Third party observation includes any person or observational process present during a neuropsychological evaluation aside from the psychologist and the examinee, including electronic devices (e.g., video and audio recordings). The goal of this paper includes succinctly providing to practitioners the scientific, ethical, and pragmatic (i.e., test security and coaching) reasons to not allow third party observation. Practitioners at the individual level need to be aware of the reasoning and be willing and able to advocate protecting the boundaries of neuropsychological practice and test security. We present practitioners with options when confronted with a request, provide a list of resources to educate the legal system and submit with motions, provide responses for some of the more common myths/reasoning used to support a request for a TPO, and encourage more global solutions such as state-by-state legislation. PMID:20373223
Greenfeld, Dorothy A
Third-party reproduction has introduced a host of changing family constellations. Research has shown that children conceived through third-party reproduction are doing well psychologically and developmentally, but what about their parents? How have they coped with the transition to third-party reproduction? Has the experience impacted their marital stability or the quality of their parenting? This review will address parents of children conceived through oocyte donation, parents of children conceived through gestational surrogacy, and gay male parents of children conceived through oocyte donation and gestational surrogacy. PMID:26232745
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
Romero, Teresa; de Waal, Frans B M
Consolation, that is, postconflict affiliative contact by a bystander toward a recipient of aggression, has acquired an important role in the debate about empathy in great apes because it has been proposed that the reassuring behavior aimed at distressed parties reflects empathetic arousal. However, the function of this behavior is not fully understood. The present study tests specific predictions about the identity of bystanders on the basis of a database of 1102 agonistic interactions and their corresponding postconflict periods in two outdoor-housed groups of captive chimpanzees (Pan troglodytes). We found that recipients of aggression were more likely to be contacted by their own "friends" than by "friends" of the aggressor and that frequent targets of aggression were not more likely to offer consolation than were nontargets of aggression. These findings support the stress reduction hypothesis rather than two proposed alternatives, that is, the opponent relationship repair hypothesis and the self-protection hypothesis. Our results provide further support for relationship quality as a fundamental underlying factor explaining variation in the occurrence of consolation. PMID:20695659
Full Text Available Ongoing discussions between Russia and the EU on the formation of a Common European Economic Space bring back to mind Alexander Gerschenkron's classic essay on economic backwardness in historical perspective. This paper argues that the institutions that once produced a specific kind of catch-up economics in Czarist Russia still remain largely the same. Unless negotiations between Moscow and Brussels take into consideration such fundamental institutional incompatibility, attempts at harmonization, expressed by Brussels as an attempt tp spread Western values, will be doomed to fail. A cynical conlusion views potential convergence as adaptation by Brussels to traditional Russian institutional patterns of rule evasion, rather than a Westernization of Russia
The behaviour of the effective interaction in the (sd)-shell through third order for mass-18 has been studied with the meson-theoretical Paris potential. All JT states were considered. The results are compared with those obtained with the G-matrix of Kuo and Brown, based on the phenomenological Hamada-Johnston potential. The excitation spectra obtained with both these potentials are rather similar. The Paris potential gives, however, a better fit through third order, whereas it produces more binding for low-lying states through second order. Still, evidence for non-convergent behavior is found in T=0 states for the Paris potential
The objective of this paper is three-fold: (i) to provide information on the Canadian regime for third party nuclear liability; (ii) to provide an overview of current efforts to revise and update Canadian legislation in this area; and (iii) to present Canada's perspective on international nuclear liability and the prospect of joining one of the international conventions in the area. (author)
With the rapid development of Internet technology,online supply chain finance has become a new direction for the development of supply chain finance is the focus areas of numerous third -party logistics companies,financial institutions and the electricity supplier of common concern.This article from the perspective of a third -party logistics companies,analyzes the advantages to develop online financial services products supply chain,to build around online supply chain finance platform functionality,describes the contents of the supply chain and financial services operational processes,to third -party logistics companies development of supply chain finance value -added services to provide reference.%伴随着互联网技术的快速发展，线上供应链金融已成为供应链金融发展的新方向，是众多第三方物流企业、金融机构及电商共同关注的焦点领域。文中从第三方物流企业角度，分析了开发线上供应链金融服务产品的优势，围绕线上供应链金融平台功能的搭建，介绍了供应链金融服务项目的内容及运作流程，以期为第三方物流企业开发供应链金融增值服务提供参考。
This paper describes the nuclear third party liability system within the Brazilian legal framework. Following some considerations regarding the development of nuclear energy it then focuses on the relationship between accident prevention and third party liability and on the political administrative framework related to the nuclar industry in Brazil. (NEA)
The non-retrievable disposal of radioactive waste poses third party liability problems of a special kind, which result from the long-term hazards of waste and from the difficulties of proving causality between damage and the damaging occurrence. Both the Paris and the Vienna Conventions are not quite clear as to whether or not damage caused by non-retrievable disposal of waste is covered. The author favours an interpretation, based on both the wording and the objects of the Conventions, to the effect that the Conventions do cover that type of disposal. However, they are not adequate instruments to solve the special long-range problems of nuclear waste disposal. Instruments other than those supplied by civil liability law have to be created and funds for compensation should be established. (NEA)
Yufeng Dong; Liuyi Ling
Hotels cooperate with third-party websites to enhance their competitive position and attain sustainable development in the era of e-commerce. Furthermore, hotel managers overbook to hedge against last-minute cancellations and customer no-shows. This paper discusses pricing and overbooking strategies of a hotel in the context of cooperation with multiple third-party websites and analyzes how these strategies influence the cooperation process. The increase in profits resulting from the overbook...
The growing importance of logistics as well as the increasing dynamic complexity of markets, technologies, and customer needs has brought great challenges to logistics. In order to focus on their core competency in such a competitive environment, more and more companies have outsourced a part or the entirety of the logistics process to third party logistics (3PL) service providers. 3PL has played a crucial role in managing logistics processes within supply chain management. Logistics processe...
Gary L. Burkhardt; Alred E. Crouch
Third-party contact with pipelines (typically caused by contact with a digging or drilling device) can result in mechanical damage to the pipe, in addition to coating damage that can initiate corrosion. Because this type of damage often goes unreported and can lead to eventual catastrophic failure of the pipe, a reliable, cost-effective method is needed for monitoring and reporting third-party contact events. The impressed alternating cycle current (IACC) pipeline monitoring method consists of impressing electrical signals on the pipe by generating a time-varying voltage between the pipe and the soil at periodic locations where pipeline access is available. The signal voltage between the pipe and ground is monitored continuously at receiving stations located some distance away. Third-party contact to the pipe that breaks through the coating changes the signal received at the receiving stations. In this project, the IACC monitoring method is being developed, tested, and demonstrated. Work performed to date includes (1) a technology assessment, (2) development of an IACC model to predict performance and assist with selection of signal operating parameters, (3) Investigation of potential interactions with cathodic protection systems, and (4) experimental measurements on buried pipe at a test site as well as on an operating pipeline. Initial results showed that IACC signals could be successfully propagated over a distance of 3.5 miles, and that simulated contact can be detected up to a distance of 0.7 mile. Unexpected results were that the electrical impedance from the operating pipelines to the soil was very low and, therefore, the changes in impedance and signal resulting from third-party contact were unexpectedly low. Future work will involve further refinement of the method to resolve the issues with small signal change and additional testing on operating pipelines.
Gary L. Burkhardt; Alfred E. Crouch
Third-party contact with pipelines (typically caused by contact with a digging or drilling device) can result in mechanical damage to the pipe, in addition to coating damage that can initiate corrosion. Because this type of damage often goes unreported and can lead to eventual catastrophic failure of the pipe, a reliable, cost-effective method is needed for monitoring and reporting third-party contact events. The impressed alternating cycle current (IACC) pipeline monitoring method consists of impressing electrical signals on the pipe by generating a time-varying voltage between the pipe and the soil at periodic locations where pipeline access is available. The signal voltage between the pipe and ground is monitored continuously at receiving stations located some distance away. Third-party contact to the pipe that breaks through the coating changes the signal received at the receiving stations. In this project, the IACC monitoring method is being developed, tested, and demonstrated. Work performed to date includes (1) a technology assessment, (2) development of an IACC model to predict performance and assist with selection of signal operating parameters, (3) Investigation of potential interactions with cathodic protection systems, and (4) experimental measurements on buried pipe at a test site as well as on an operating pipeline. Initial results show that simulated contact can be detected. Future work will involve further refinement of the method and testing on operating pipelines.
... quality management system of the laboratory. Laboratories accredited to ISO/IEC 17025:2005 must implement a quality management system, appoint a staff member as quality manager, and continually improve the..., e.g., 73 FR 54564 (September 22, 2008) (Notice of Requirements for Accreditation of Third...
This paper strives to address the issue of distribution costs budgeting, encountered by commercial banks whose business plans presume the sale of saving accounts using third-party distribution networks. A rather intricate problem arises, jointly requiring the design of a commercially viable commission schedule and estimating its impacts on the bank’s financial results, where traditional methods fail. An annotated case study illustrates an expedient and practical solution using statistical sim...
Etilé, Fabrice; Teyssier, SABRINA
For most consumers, Corporate Social Responsibility is a credence attribute of products, which can be signaled either through a label certified by a third party, or through unsubstantiated claims used as part of a brand building strategy. These claims might be, in theory, self-regulated by reputation mechanisms and the awareness of NGOs and activists. We use an experimental posted offer market with sellers and buyers to compare the impact of these signaling strategies on market efficiency. Bo...
The third party logistics is still in the developing stage.In terms of logistics cost,there are some third party lo-gistics enterprises can not provide the service of the logistics products accurate cost control,coupled with the service product re-lated cost information is not clear,which directly leads to the logistics service pricing distortion and logistics cost control failure. On the basis of fully understanding of the structure of the third party logistics enterprises,the logistics enterprises in the process of its cost control problems,for the third party logistics enterprises to reduce logistics costs specific measures to play the core competitive advantage of the third party logistics enterprises,thereby promoting economic and social development.%第三方物流概念在我国仍处于发展阶段。就物流成本而言，有部分第三方物流企业不能对其所提供服务的物流产品进行准确的成本控制，加上对服务产品相关成本信息掌握不清，从而直接导致了物流服务定价失真和物流成本控制失效。在充分了解第三方物流企业成本结构的基础上，认识物流企业在其成本控制过程中存在的问题，为第三方物流企业提出降低物流成本具体的措施，发挥第三方物流企业的核心竞争优势，从而促进经济社会的发展。
Velicer, Clayton; Glantz, Stanton A.
Background In 1996 Massachusetts proposed regulations that would require tobacco companies to disclose information about the ingredients in their products on a by-brand basis. This paper examines the strategies employed by Philip Morris to stop these regulations from being implemented. Methods and Finding We used previously secret tobacco industry documents and published literature to examine the activities of the tobacco companies after the regulations were proposed. Philip Morris hired a public relations firm to establish a coalition that was instructed to oppose the regulations by linking them to other industrial sectors (the slippery slope) and stating they would damage the state's economy. Philip Morris also retained a polling firm to test the popularity of specific arguments against ingredient disclosure and developed a strategic plan for opposing similar regulations in Vermont. Conclusion Tobacco companies have historically used third parties to form coalitions to oppose ingredient disclosure regulations. These coalitions have had success preventing regulations from being implemented after they are initially proposed by creating the appearance of local opposition. With countries around the world currently implementing ingredient disclosure regulations in the WHO Framework Convention on Tobacco, governments and regulatory agencies should be aware of the political strategies that the tobacco companies have used to create the impression of popular opposition to these measures. PMID:26717245
Alfonso Rincón Pérez; Helber Enrique Balaguera-López; Pedro José Almanza-Merchán
In recent years, the demand of crucifers has increased and particularly of Brussels sprouts (Brassica genus, species Brassica oleracea L.); mainly due to their functional properties; however, this vegetable is perishable and with inadequate techniques in postharvest handling, considerable losses are generated. The objective of this research was to determine the effect of calcium chloride and cooling on postharvest behavior of Brussels sprouts. A completely randomized design was performed, tre...
Nielsen, Peter Arnt
Brussels I should also apply to cases where the defendant is domiciled outside Europe. Second, it proposes to abolish exequatur. Third, the Commission proposes to make jurisdiction agreements more efficient in order to avoid ‘Italian Torpedoes’, and fourthly, it also proposes provisions enhancing the...... efficiency of arbitration agreements where a party is trying to avoid arbitration....
As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols
This publication gathers the abstracts of European research projects on climate change and related to climate change which have been completed recently or are ongoing under the sixth and seventh framework programmes for research. This document aims at providing a relevant overview of research activities on climate change funded by the European Community to participants to the third World Climate Conference held in Geneva in August 2009 and to the UNFCCC 15th Conference of the Parties meeting in Copenhagen in December 2009.
Full Text Available Induction of donor-specific tolerance is still considered as the “Holy Grail” in transplantation medicine. The mixed chimerism approach is virtually the only tolerance approach that was successfully translated into the clinical setting. We have previously reported successful induction of chimerism and tolerance using cell therapy with recipient T regulatory cells (Tregs to avoid cytotoxic recipient treatment. Treg therapy is limited by the availability of cells as large-scale expansion is time-consuming and associated with the risk of contamination with effector cells. Using a costimulation-blockade based bone marrow (BM transplantation (BMT model with Treg therapy instead of cytoreductive recipient treatment we aimed to determine the most potent Treg population for clinical translation. Here we show that CD4+CD25+ in vitro activated nTregs are superior to TGFβ induced iTregs in promoting the induction of chimerism and tolerance. Therapy with nTregs (but not iTregs led to multilineage chimerism and donor-specific tolerance in mice receiving as few as 0.5 × 106 cells. Moreover, we show that only recipient Tregs, but not donor or third-party Tregs, had a beneficial effect on BM engraftment at the tested doses. Thus, recipient-type nTregs significantly improve chimerism and tolerance and might be the most potent Treg population for translation into the clinical setting.
Krueger, Frank; Hoffman, Morris; Walter, Henrik; Grafman, Jordan
The relationship between belief in free will (BFW) and third-party punishment (TPP) of criminal norm violations has been the subject of great debate among philosophers, criminologists and neuroscientists. We combined a TPP task with functional magnetic resonance imaging to investigate how lay people's BFW might affect their punishment of hypothetical criminal offenses varying in affective content. Our results revealed that people with strong BFW punished more harshly than people with weak BFW, but only in low affective cases, likely driven by a more robust commitment to moral responsibility. This effect was mirrored by a stronger activation in the right temporo-parietal junction, a region presumably involved in attentional selection to salient stimuli and attribution of temporary intentions and beliefs of others. But, for high affective cases, the BFW-based behavioral and neural differences disappeared. Both groups similarly punished high affective cases and showed higher activation in the right insula. The right insula is typically activated during aversive interoceptive-emotional processing for extreme norm violations. Our results demonstrated that the impact of BFW on TPP is context-dependent; perhaps explaining in part why the philosophical debate between free will and determinism is so stubbornly persistent. PMID:23887810
... BUSINESS LOANS Development Company Loan Program (504) Fees § 120.972 Third Party Lender participation fee... when the Third Party Lender occupies a senior credit position to SBA in the Project. (b) CDC fee....
Despite the high level of safety and technical improvements achieved in nuclear industry over more than thirty years of operation, the original reasons for which this industry enjoys a special liability regime are still valid. ''The possibility remains that incidents capable of causing considerable damage should occur'' and Common law is still not well adapted to deal with the specific problems in this field. Consequently, whatever the conclusions of the Paris Convention revision exercise in progress at the NEA of the OECD may be, it is likely that the future specific liability regime will still need limits both in amount and in time for insurance purposes at least. While, at present, insurers can cope with a 10-year prescription period in their Nuclear Third Party Liability policies, the possible extension of this period to thirty years for personal injuries would not be acceptable without clear provisions in the Protocol and in National legislation. (author)
Jensen, Niels Holm; Petersen, Michael Bang
, therefore, be sensitive to these cost- benefit trade-offs. To test this argument, participants read scenarios containing exploitative acts (trivial vs. serious) and were presented with head-shot photos of the apparent exploiters (formidable vs. non-formidable). As predicted, results showed that, compared...
... of them purchase an automobile within the Cooperating Country, the Contractor agrees to make certain..., $5,000. The premium costs for such insurance shall not be a reimbursable cost under this...
Loschelder, David D.; Silke Bündgens; Roman Trötschel
The present research investigates the effects of social categorization on the intervention behavior of third parties who engage in the hybrid dispute resolution procedure of mediation-arbitration (Ross & Conlon, 2000). Specifically, it was predicted that an affiliation to a disputant leads third parties to favor the affiliated ingroup disputant over an unaffiliated outgroup disputant. Two studies support these predictions by demonstrating that unilaterally affiliated third parties engage in i...
This set of materials is designed to provide helping professionals with sufficient understanding of third-party payment systems so they are able to determine the feasibility of obtaining reimbursement for service, identify potential third-party payers, assess implications of introducing a third-party payments system, and develop a plan for…
Aim: Policy-makers typically track the rapidly evolving U.S. residential photovoltaic (PV) market by relying on price data reported by PV installers/integrators to incentive programs. Recent years have witnessed a shift toward third-party-owned (TPO) business models, in which the absence of a cash purchase price obscures data interpretation. Appraisals—often based on estimates of the average fair market value across a diverse fleet of systems—are one way TPO prices are reported. Scope: This study investigates residential PV system price drivers to improve the accuracy, consistency, and relevance of PV price-tracking efforts. Our econometric approach evaluates system price drivers using California Solar Initiative data, controlling for system, installer, and geographic variables. Conclusions: We find that reported prices for confirmed appraised systems are $1.13/W higher than non-appraised systems and do not respond to hypothesized price drivers. For non-appraised systems, we find preliminary evidence of market distortions based on the impact of the incentive level, module cost and household income on reported price. Further, unspecified installer heterogeneity—possibly due to differences in products, cost structure or reporting practices—is a substantial price driver. Using estimates, we develop a price model to approximate non-appraised system prices. -- Highlights: •This analysis evaluates residential PV price drivers using an econometric model. •Reported prices for appraised systems are $1.13/W higher than non-appraised. •Reported prices for appraised systems do not respond to expected price drivers. •We find some evidence of market distortions in non-appraised systems. •Installer heterogeneity is a substantial price driver for all systems
This paper stresses the need for adoption in Russia of legislation on civil liability in the nuclear field, particularly in the light of current misgivings on the safety of presently-operating, Chernobyl-type nuclear power plants. The authors refer to the Paris and Vienna Conventions, when revised and improved, as a model. They then analyze the provisions they consider suitable for inclusion in nuclear civil liability law, recommending that a reasonable balance be maintained between the interest of victims and that of operators and delimiting the scope of application of this special legislation, account being taken of the provisions of the ordinary law on offenses. 5 refs
Sayyed Mohammad Mahdi Qabuli Dorafshan
Full Text Available Nuclear facilities, though have large advantages for human being, they also creates heavy hazards. Thus, the question of civil liability results from events of mentioned facilities are so significant. This paper studies the question of the basis and responsible for compensation results from aforementioned events in international instruments, Iran and French law. Outcome of this study shows that in this regard, Paris and Vienna conventions and the other related conventions and protocols adjust a special legal régime. In this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and they have commited the operator to insurance or appropriate secure financing. Also French legal régime have followed this manner with the impact of the Paris Convention and its amendments and additions. There is no special provisions in Iran legal régime in this matter so civil liability results from nuclear events is under general rules of civil liability and rules such Itlaf (loss, Tasbib (causation, Taqsir (fault and La-zarar (no damage in the context of Imamye jurisprudence. Ofcourse, the responsible is basically the one who the damage is attributable to him. Finaly, It is appropriate that the Iranian legislator predict favorable régime and provides special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy
The national nuclear legislation is concerned with specific issues related to nuclear safety radiation protection clean-up activities, liability and financial guarantees for nuclear damages; it may be noted that Romania adhered to the nuclear third party liability Vienna Convention and Joint Protocol on December 29, 1992. The Romanian National Nuclear Program, which includes not only the nuclear fuel cycle but also nuclear research facilities and other peaceful applications of radioactivity implies that Romania government is aware for its own facilities, by the settlement of the insurance and pooling system for its own nuclear facilities, as well as for the regional aspects for the liability system for nuclear damage. It must be point out the opportunity and the priority to cooperate with the developed country having in mind the necessity for nuclear insurance coverage of the financial capital invested in Romania's power sector, as well as in the eastern Europe and the former Soviet Union. (Author)
First the specific features of the law originated from the Paris Convention of 1960 is described: strict liability channeled on the operator, the both principles being already underlying in the insurance policies delivered to nuclear operators before their introduction in the internal legislation of the countries that ratified the convention. Then the specific services expected from the liability Insurer are reviewed and the method now prevailing for a rating approach of the risks is analyzed. The new rating techniques that could be justified by speeding up the erection program of nuclear plants through the world are surveyed
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
责任保险是指以被保险人对第三者依法应负的赔偿责任为保险标的的保险。在责任保险中,为了保护第三者的合法权益,我国保险法赋予第三者在特定情况下有权就其应获赔偿部分直接向保险人请求赔偿保险金。但对于保险人能否以他与被保险人之间的抗辩事由来对抗第三者,我国保险法未加明确,有待于进一步完善。%Liability insurance refers to insurance against liability for the third party in order to protect the legitimate interests of third parties under the liability insurance.Chinese insurance law gives the third party right to be entitled to directly exercise
Govindan, Kannan; Chaudhuri, Atanu
This paper analyses the interrelationships between risks faced by third party logistics service providers (3PLs) in relation to one of its customers using DEMATEL. Novel analysis of both within and between risk categories and generation of threshold value to prioritize risks generate useful...... management, flexibility of its operations and also geographical coverage of their services....
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)
Xavier, E. M. A.; Ariza-López, F. J.; Ureña-Cámara, M. A.
Nowadays it is easy to find many data sources for various regions around the globe. In this 'data overload' scenario there are few, if any, information available about the quality of these data sources. In order to easily provide these data quality information we presented the architecture of a web service for the automation of quality control of spatial datasets running over a Web Processing Service (WPS). For quality procedures that require an external reference dataset, like positional accuracy or completeness, the architecture permits using a reference dataset. However, this reference dataset is not ageless, since it suffers the natural time degradation inherent to geospatial features. In order to mitigate this problem we propose the Time Degradation & Updating Module which intends to apply assessed data as a tool to maintain the reference database updated. The main idea is to utilize datasets sent to the quality evaluation service as a source of 'candidate data elements' for the updating of the reference database. After the evaluation, if some elements of a candidate dataset reach a determined quality level, they can be used as input data to improve the current reference database. In this work we present the first design of the Time Degradation & Updating Module. We believe that the outcomes can be applied in the search of a full-automatic on-line quality evaluation platform.
David D Loschelder
Full Text Available The present research investigates the effects of social categorization on the intervention behavior of third parties who engage in the hybrid dispute resolution procedure of mediation-arbitration (Ross & Conlon, 2000. Specifically, it was predicted that an affiliation to a disputant leads third parties to favor the affiliated ingroup disputant over an unaffiliated outgroup disputant. Two studies support these predictions by demonstrating that unilaterally affiliated third parties engage in ingroup favoritism during arbitration, whereas non-affiliated third-parties (Study 1 & 2 and third parties affiliated to both disputants (Study 2 imposed balanced settlements. In addition to this, both studies identify third parties’ decision control, inherent to the two phases of mediation-arbitration as a relevant moderating variable for the emergence of this effect.
[figure removed for brevity, see original site] Figure 1 This image of Paris was acquired on July 23, 2000 and covers an area of 23 by 20 km. Known as the City of Light, Paris has been extolled for centuries as one of the great cities of the world. Its location on the Seine River, at a strategic crossroads of land and river routes, has been the key to its expansion since the Parisii tribe first settled here in the 3rd century BC. Paris is an alluring city boasting many monumental landmarks, such as the Cathedral of Notre Dame, the Louvre, and the Eiffel Tower. Its beautiful gardens, world-class cuisine, high fashion, sidewalk cafes, and intellectual endeavors are well known. The city's cultural life is centered on the Left Bank of the Seine, while business and commerce dominate the Right Bank. The image is located at 48.8 degrees north latitude and 2.3 degrees east longitude. In figure 1, the 4 enlarged areas zoom in to some of the major buildings. In the UPPER LEFT, the Eiffel Tower and its shadow are seen. Based on the length of the shadow and the solar elevation angle of 59 degrees, we can calculate its height as 324 m (1054 ft), compared to its actual height of 303 m (985 ft). In the UPPER RIGHT, the Arc de Triomphe is at the center of the Place de L'etoile, from which radiate 12 major boulevards. In the LOWER LEFT is the Tuileries Garden and the Louvre Museum art its eastern end. In the LOWER RIGHT is the Invalides, the burial place and monument of Napoleon Bonaparte. The U.S. science team is located at NASA's Jet Propulsion Laboratory, Pasadena, Calif. The Terra mission is part of NASA's Science Mission Directorate.
resource bundling (excluding advanced technology is required to achieve cost leadership. The effects of other resources on performance are mediated mainly by the demand management interface capability and knowledge resources. This is a novel attempt to justify the interaction and mediation effects of resources and capabilities on performance. The research highlights the needs for 3PL managers to focus on developing and bundling their demand management interface capability and knowledge resources in order to achieve cost leadership, and further combine advanced technology into such bundling of resources and capabilities to achieve innovation in customer service. It advances the application of resource-based view (RBV theory in logistics research by identifying resources that play supporting roles and examining the capabilities for enhancing 3PLs’ competitive performance.
P. Kerkhof; G. van Noort
Buying online is still perceived as risky. A key strategy of online marketers to increase consumer trust in online ordering is to display privacy and security seals on their web sites. Although research indicates that these Internet seals do not necessarily mean better safety for online consumers, f
P. Sawant, Snehal; Deshmukh, Aaradhana A.; Mihovska, Albena Dimitrova;
Cloud computing allows the user to outsource their computation and storage overhead to a public cloud, managed by cloud service providers. Data stored in the cloud may reside on remotely servers and this raises security issues. This paper addresses the issue of data storage integrity. The scheme...
In the ongoing trend of restructuring the electricity market worldwide, ancillary services are introduced for operating entities to realize the market function and maintain system security. As generation has been unbundled from the vertically integrated structure, the generation companies (GENCOs) willing to join the power market would be interested in how the direct service between suppliers and customers be effectively realized at lower operating costs, while maintaining the operating service at the satisfactory level. This paper presents a method to estimate specific customer's power deficiency that is used for GENCOs to provide the bilateral ancillary service. Results showing the proposed method in the simulated condition were performing as desired. An adaptive frequency bias setting is utilized to develop a bias logic based gain-scheduling controller. Simulation results showed that the proposed controller is feasible for GENCOs to enhance bilateral regulation performance. (author)
... footnote 3 to § 327.5. (2) For the purposes of disclosure and disclosure accounting, the Department of.... (5) DeCA records must be disclosed if their release is required by 32 CFR part 285, which is implemented by DeCA Directive 30-12. 8 32 CFR part 285 requires that records be made available to the...
...) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS ARMY PRIVACY ACT PROGRAM § 505.7... information that is generally not exempt from the FOIA; therefore, it must be released to the public, unless... released if their positions or duties require frequent interaction with the public. (3) Disclosure...
This May, the Anlu Public Security Bureau in central China’s Hubei Province signed a contract with a private investigation company, hiring the latter’s undercover investigators to observe the conduct of local police, for 80,000 yuan ($11,765) a year.
Full text: For reasons (diversity of supply, evolution of the costs of alternative energies, new uses of electricity) that are valid in practically all the countries where they operate nuclear power plants, the major European electricity producers have expressed the will to keep the nuclear option open, that is to be able to build new Gen 3 LWR nuclear power plants when their economic interest or necessity requests it. Producing a common specification, the European Utility Requirement (EUR) document, that sets out harmonized design targets, has been one of the basic tasks towards this objective. On this base the main vendors have developed standard Gen 3 LWR designs that may be built without major design changes. In 2007-2009, the European Utility Requirements (EUR) works have been focused on the EUR volume 3 (evaluation of the available Gen 3 designs) and volume 4 (conventional island generic requirements). On the EUR volume 3, the assessment works on the AP1000 and AES92 projects have been concluded and the corresponding subsets of the EUR volume 3 have been published. On the EPR, since the previous assessment released in 1999 was felt a bit obsolete (both the project and the requirements had been modified since that time) the works on the EPR assessment have resumed in 2007. Representatives from ten EUR utilities and Areva have been involved in an in-depth revision of the analysis of compliance. Meetings of the specific EUR coordination group in charge of this task have been organized every 4-5 weeks throughout 2008. The revision B of the EPR subset of the EUR volume 3 has been released in July 2009. The revision C of the EUR volume 4 has been made available after a thorough review has been performed within the EUR organization to make it consistent with the revision C of the EUR volume 2 published in 2001. Meanwhile a lot of preparatory material for a possible revision D of the EUR volumes 1 and 2 has been produced since 2002. Since important contributions are
Issues that may happen during the construction of civil works of a nuclear power plant are numerous: concrete, reinforcement bars positioning, welding of the liner... On top of the above, quality and nuclear safety assurance is increasingly required by nuclear authorities to keep the current nuclear renaissance steady regarding public opinion. The speaker will present the benefits of using a third party during these civil works phases and about the value created for the circle of actors through a risk based inspection program. Going through the main stages of design and construction of civil works of a nuclear power plant, the main actors involved, their positioning and the role of a voluntary independent third party inspection body, the speaker demonstrates that an independent third party, voluntarily chosen by a Utility and nuclear power plant engineering company, may give confidence to each party. (authors)