WorldWideScience

Sample records for basic laws governing

  1. The role of law in the governance of the internet

    OpenAIRE

    Engel, Christoph

    2002-01-01

    The Internet epitomizes globalisation. There are not many international treaties on Internet issues so far. For the time being, governance of the Internet by law will thus basically have to be governance by national law. Most cyber scholars are therefore in the business of exploring alternative governance tools. The typical approach is hybrid, combining state with non-state inputs, and using soft forms of governance, not command and control regulation. Against this background, this papers mak...

  2. Questions concerning constitutional law - Laender administration on behalf of the Federal Government

    International Nuclear Information System (INIS)

    Badura, P.

    1991-01-01

    The lecture deals with the interpretation of regulations on competence and organisation in the federal system the Laender administration on behalf of the Federal Government and the federal principles governing the formation of state - the legal relationship between the Federation and the Laender; the competence of the supreme federal authority for subject matters in executing federal law on behalf of the Federal Government. The following concluding statement is given: While extensive, the scope of the Federal Government in influencing the execution of federal law through the Laender in the case of the Laender administration on behalf of the Federal Government has its limits both in law and practice. In the case of atomic energy administration this situation may appear as an execution deficit from the point of view of the Federal Government. If at all desirable, redress is only conceivable via an amendment to Paragraph 85 of the Basic Law or to the specific constitutional regulations - possibly in the strengthening of the Federation through the instruments of Paragraph 85 of the Basic Law: authorization of the supreme federal authority to execute the federal law if there is an urgent public interest in this. (orig./HSCH) [de

  3. The atomic energy basic law

    International Nuclear Information System (INIS)

    1977-01-01

    The law establishes clearly the principles that Japan makes R and D, and utilizations of atomic energy only for the peaceful purposes. All the other laws and regulations concerning atomic energy are based on the law. The first chapter lays down the above mentioned objective of the law, and gives definitions of basic concepts and terms, such as atomic energy, nuclear fuel material, nuclear source material, nuclear reactor and radiation. The second chapter provides for the establishment of Atomic Energy Commission which conducts plannings and investigations, and also makes decisions concerning R and D, and utilizations of atomic energy. The third chapter stipulates for establishment of two government organizations which perform R and D of atomic energy developments including experiments and demonstrations of new types of reactors, namely, Atomic Energy Research Institute and Power Reactor and Nuclear Fuel Development Corporation. Chapters from 4th through 8th provide for the regulations on development and acquisition of the minerals containing nuclear source materials, controls on nuclear fuel materials and nuclear reactors, administrations of the patents and inventions concerning atomic energy, and also prevention of injuries due to radiations. The last 9th chapter requires the government and its appointee to compensate the interested third party for damages in relation to the exploitation of nuclear source materials. (Matsushima, A.)

  4. Enhancing Basic Governance: Japan's Comprehensive Counterterrorism Assistance to Southeast Asia

    National Research Council Canada - National Science Library

    Fouse, David; Sato, Yoichiro

    2006-01-01

    .... Japan's focus has been to develop a comprehensive set of initiatives aimed at enhancing SEA countries' basic governance capabilities in areas such as law enforcement, export control, money laundering...

  5. Government Contract Law Textbook - 1982 Edition,

    Science.gov (United States)

    1982-03-01

    consideration, the doctrine of promissory estoppel was created. The Restatement of Contracts, Section 90, states, "A promise which the promisor should...Express, Implied, and by Operation of Law. Apparent authority is basically the legal situation of estoppel . It will be fruitful to discuss each of these...within certain bounds. The principle that deals with this concept is apparent authority or estoppel . (A) Apparent Authority and Estoppel . Government

  6. 22 CFR 231.16 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 231.16 Section 231.16 Foreign... EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND CONDITIONS § 231.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of...

  7. 22 CFR 221.43 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 221.43 Section 221.43 Foreign... Administration § 221.43 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the United...

  8. 22 CFR 204.43 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 204.43 Section 204.43 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT HOUSING GUARANTY STANDARD TERMS AND CONDITIONS Administration § 204.43 Governing law. This Guaranty shall be governed by and construed in accordance with the laws of...

  9. Government Contract Law (9th Edition)

    Science.gov (United States)

    1987-04-01

    This Ninth Edition, like its predecessors, will serve as the textbook for the Government Contract Law taught at the School of Systems and Logistics...drawn from Government Contract Law -Cases, 1987 edition, for a rounded approach to the subject. This edition of the text includes coverage of the...Government Contract Law complements the Federal Acquisition Regulation and provides a preventive law treatment for contracting personnel. While it may

  10. 22 CFR 230.16 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 230.16 Section 230.16 Foreign... SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States of...

  11. Problems concerning the Federal Government-Laender relationship in nuclear law

    International Nuclear Information System (INIS)

    Lange, K.

    1990-01-01

    The Atomic Energy Act is characterized by extremely extensive powers of decision and sole responsibility of the executive. Its profile is determined by discretionary assessment powers in connection with the interpretation of the given preconditions of pertinent legal standards and by judically not verifiable assessment possibilities in connection with legal consequences. In this situation, the authority to instruct, given to the Federal Government within the framework of the execution of Federal laws by Laender according to the instructions of the Federal Government pursuant to section 85 III Basic Law, is of special, far-reaching significance. The article investigates the limitatations of the Federal Government's power to instruct Laender to carry out activities underlying Federal laws: The burden has to be bearable for the Laender, the directions have to be absolutely clear. The fruitlessness of a Federal Government-Laender court case, in which a Land turns to the Federal Constitutional Court because of an instruction which, in the Land's eyes, would lead it to act unlawfully, does not principally exclude a Land from seeking legal protection in the administrative courts of law. It can only be hoped that the Federal Government will make use of its powers to instruct Laender with the necessary sensitivity, also in those cases when Laender, according to an appropriate decision of the Federal Constitutional Court, cannot enforce by legal proceedings the state's obligation to act in line with legal order. (orig./HSCH) [de

  12. 18 CFR 1314.4 - Law governing the rights and obligations of TVA and Reserve Banks; law governing the rights of...

    Science.gov (United States)

    2010-04-01

    ... rights and obligations of TVA and Reserve Banks; law governing the rights of any Person against TVA and... FEDERAL RESERVE BANKS § 1314.4 Law governing the rights and obligations of TVA and Reserve Banks; law governing the rights of any Person against TVA and Reserve Banks; law governing other interests. (a) Except...

  13. Status of will governance in determination of law governing business documents validity

    OpenAIRE

    Peyman Mohammadi; Saeed Kheradmandi

    2014-01-01

    Law governing substantive conditions of business documents issuance is one of important problems facing investigators. Since law governing business contracts and documents is governing out of limits of national law today, value and effect of will governance is of interest to jurisprudents because contract parties are allowed to determine contract effects and terms consensually to the extent to which these effects and terms do not contradict public order and imperative law and, in fact, they c...

  14. Questions concerning constitutional law - Lander administration on behalf of the Federal Government

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1991-01-01

    The lecture gives a basic perspective of a reform of the Laender administration on behalf of the Federal Government and first covers its nature, purpose and structure with respect to the atomic energy administration after the latest decisions of the Federal Constitutional Court. There follows a section on the constitutional and administrative reality of the Laender administration on behalf of the Federal Government as applied to atomic energy law, in which three conflict cases are pointed out. The last section gives an appraisal from the points of view of loyalty in execution, instruments of control (general administrative regulations - single directives - general directives), scope of the Laender administration on behalf of the Federal Government. It is determined whether the situations envisaged by the norms coincide with reality, where there are deficits and how they can be ameliorated by reform. As the Laender administration on behalf of the Federal Government is shaped on constitutional law it is only periphally accessible to an amendment of atomic energy law through normal legislation. (HSCH) [de

  15. The role of law in adaptive governance

    Directory of Open Access Journals (Sweden)

    Barbara A. Cosens

    2017-03-01

    Full Text Available The term "governance" encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities or to provide remedies for emerging problems (such as pollution. Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal system, we present guidelines for evaluating the role of law in environmental governance to identify the ways in which law can be used, adapted, and reformed to facilitate adaptive governance and to do so in a way that enhances the legitimacy of governmental action.

  16. The role of law in adaptive governance

    Science.gov (United States)

    Cosens, Barbara A.; Craig, Robin K.; Hirsch, Shana Lee; Arnold, Craig Anthony (Tony); Benson, Melinda H.; DeCaro, Daniel A.; Garmestani, Ahjond S.; Gosnell, Hannah; Ruhl, J.B.; Schlager, Edella

    2018-01-01

    The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities) or to provide remedies for emerging problems (such as pollution). Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal system, we present guidelines for evaluating the role of law in environmental governance to identify the ways in which law can be used, adapted, and reformed to facilitate adaptive governance and to do so in a way that enhances the legitimacy of governmental action. PMID:29780426

  17. Corporate Law and Corporate Governance

    OpenAIRE

    Roberta Romano

    1998-01-01

    We have seen a revival in interest in corporate law and corporate governance since the 1980s, as researchers applied the tools of the new institutional economics and modern corporate finance to analyze the new transactions emerging in the 1980s takeover wave. This article focuses on three mechanisms of corporate governance to illustrate the analytical usefulness of transaction cost economics for corporate law. They are the board of directors; relational investing, a form of block ownership in...

  18. 12 CFR 1710.10 - Law applicable to corporate governance.

    Science.gov (United States)

    2010-01-01

    ... AND URBAN DEVELOPMENT SAFETY AND SOUNDNESS CORPORATE GOVERNANCE Corporate Practices and Procedures § 1710.10 Law applicable to corporate governance. (a) General. The corporate governance practices and... Enterprise shall follow the corporate governance practices and procedures of the law of the jurisdiction in...

  19. Ecology and basic laws

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1980-01-01

    The author sketches the critical relation between ecology and basic law - critical in more than one sense. He points out the incompatibility of constitutional states and atomic states which is due to constitutional order being jeopardised by nuclear policy. He traces back the continuously rising awareness of pollution and the modern youth movement to their common root i.e. the awakening, the youth movement of the turn of the century. Eventually, he considers an economical, political, and social decentralization as a feasible alternative which would considerably relieve our basic living conditions from the threatening forms of civilization prevailing. (HSCH) [de

  20. Global Governance: A New Paradigm for the Rule of Law

    Directory of Open Access Journals (Sweden)

    Winston P. Nagan

    2013-10-01

    Full Text Available This article seeks to appraise the Rule of Law in the context of international sovereignty and the growth of international non-governmental organizations. The article explores the meaning of the Rule of Law and suggests that it is better understood as a symbol representing the most basic values that underline our global constitutional system. When we relate the global Rule of Law to the values and the global constitutional framework, we recognize that the Rule of Law and the global constitution are better secured if their authority base can be strengthened. The obvious way this can be done is by strengthening the role of non-governmental organizations within the framework of global governance. If we see the Rule of Law as a defense and promotion of basic values, we may then pose the question about the Rule of Law as an agent of change in a novel developmental construct. Here the author notes that the dynamism of technological change will only increase in the future. But technological change will result in more use of technology and less employment. The question then is, should the benefits of technology not be shared with the workers as well? If that is true, one of the obvious benefits of technology in relation to labor is to reduce the number of hours or days that the worker has to work. Leisure time could result in an aggregate distribution of human happiness. It could evolve into an incentive to generate enhanced human co-creative activity. We could possibly even imagine a second renaissance in the impact of human imagination on society. A modern renaissance. In short, such a development could stimulate the evolution of a human rights based aesthetic.

  1. 31 CFR 210.3 - Governing law.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Governing law. 210.3 Section 210.3 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  2. Groundwater governance in Asia: present state and barriers to implementation of good governance

    Science.gov (United States)

    Tanaka, T.

    2014-09-01

    The present state of groundwater governance in Asia was reviewed. The main problem regarding groundwater resources in each Asian country is overexploitation, causing water level decline, land subsidence and salt water intrusion. For those groundwater hazards, many countries have established regulations such as laws and regulations as countermeasures. However, those laws and regulations are not the basic laws on groundwater resources, but only for countermeasures to prevent groundwater hazards. Common problems and barriers for implementing groundwater governance in Asian countries are that there is more than one institute with different and sometimes overlapping responsibilities in groundwater management. To overcome those conflicts among institutions and establishment of good governance, it is necessary to establish an agency in the government as one coordinate function reinforcing the direct coordination and facilitation of groundwater policy-making and management. As one such framework, the conceptual law called the Water Cycle Basic Law, which is under planning in Japan, is examined in this paper.

  3. The Role of Law in Adaptive Governance | Science Inventory ...

    Science.gov (United States)

    The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence of new social norms (such as the rights of women and minorities) or to provide remedies for emerging problems (such as pollution). Thus, there is no question that law can adapt, evolve, and be reformed to make room for adaptive governance. In doing this, not only may barriers be removed, but law may be adjusted to facilitate adaptive governance and to aid in institutionalizing new and emerging approaches to governance. The key is to do so in a way that also enhances legitimacy, accountability, and justice, or else such reforms will never be adopted by democratic societies, or if adopted, will destabilize those societies. By identifying those aspects of the frameworks for adaptive governance reviewed in the introduction to this special feature relevant to the legal sy

  4. Attempts at an amendment of the law governing the energy sector, as seen in the light of civil rights

    International Nuclear Information System (INIS)

    Notthoff, M.

    1994-01-01

    The discussion about the law governing the energy sector is of topical interest at present because there have been a number of draft amendments at the national level for a reform of the laws during the past years as well as the approval of a draft for a European Directive for harmonising national regulations in pursuit of a single Market for electricity. The present paper first deals with the development of the basic energy laws up to the present. Then the author examines the constitutionality of the national bills and the compatibility of the draft for the European Directive with the European basic right of freedom to choose a profession, which he previously derives from general legal regulations. He comes to the conclusion that none of the bills presented so far fully comply with the requirements implicit in the basic rights. (orig./HP) [de

  5. Is the basic law of radioactive decay exponential?

    International Nuclear Information System (INIS)

    Gopych, P.M.; Zalyubovskii, I.I.

    1988-01-01

    Basic theoretical approaches to the explanation of the observed exponential nature of the decay law are discussed together with the hypothesis that it is not exponential. The significance of this question and its connection with fundamental problems of modern physics are considered. The results of experiments relating to investigation of the form of the decay law are given

  6. A baseline understanding of state laws governing e-cigarettes.

    Science.gov (United States)

    Gourdet, C K; Chriqui, J F; Chaloupka, F J

    2014-07-01

    Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  7. Soft law as a new mode of governance

    OpenAIRE

    Peters, Anne

    2011-01-01

    The paper analyses soft law as a mode of EU governance. European soft law can be qualified as a relatively ‘new’ mode, notably due to its dramatic proliferation and the increasing involvement of private actors. The concept of ‘soft law’ is viable on the premiss that normativity may be graduated (‘the continuum view’). Soft law deploys specific legal effects apart from outright legal bindingness, and not merely political or otherwise factual effects. The legal effects of European soft law flow...

  8. Multi-level governance in EU climate law

    NARCIS (Netherlands)

    Vedder, Hans; Woerdman, Edwin; Roggenkamp, Martha; Holwerda, Marijn

    2015-01-01

    This chapter analyses the multi-level governance in EU climate law; it connects the international arena, with EU and national decision-making and relates climate change considerations to competitiveness concerns.

  9. The Internet and Ethiopia's IP Law, Internet Governance and Legal ...

    African Journals Online (AJOL)

    KM_Yilma & HH_Abraha

    3 Ian Lloyd (2014), Information Technology Law, 7th Edition, Oxford ..... private sector, in the global Internet governance forums has indeed been quite .... Ethiopian government is completely absent from the global internet governance.

  10. Order to initiate a plan approval procedure under atomic energy law - final waste disposal site Salzgitter ('Konrad' pit)

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    The extend and limits up to which an order under Article 85 III of the Basic Law is binding follows directly from the competential rights the Basic Law assigns to the Federal Government and the state governments. An infringement of these rights can only be asserted before the Federal Constitutional Court as a Federal Government-State Government conflict. 2. On the interpretation and application of Article 85 III of the Basic Law. (orig.) [de

  11. Interactions between Corporate Governance, Bankruptcy Law and Firms Debt Financing: the Brazilian Case

    Directory of Open Access Journals (Sweden)

    Bruno Funchal

    2008-07-01

    Full Text Available This paper examines the relationship between corporate governance level and the bankruptcy law for such debt variables as firms’ cost of debt and amount (and variation of debt. Our empirical results are consistent with the model's prediction. First, we find that the better the corporate governance, the lower the cost of debt. Second, we find that better corporate governance arrangements relate to firms with higher amounts of debt. Finally we find that better governance and harsher bankruptcy laws have a positive effect on debt. Moreover, this effect is stronger for firms with worse corporate governance, which indicates that the law works as a substitute for governance practices to protect creditors' interests.

  12. Universal principles governing multiple random searchers on complex networks: The logarithmic growth pattern and the harmonic law

    Science.gov (United States)

    Weng, Tongfeng; Zhang, Jie; Small, Michael; Harandizadeh, Bahareh; Hui, Pan

    2018-03-01

    We propose a unified framework to evaluate and quantify the search time of multiple random searchers traversing independently and concurrently on complex networks. We find that the intriguing behaviors of multiple random searchers are governed by two basic principles—the logarithmic growth pattern and the harmonic law. Specifically, the logarithmic growth pattern characterizes how the search time increases with the number of targets, while the harmonic law explores how the search time of multiple random searchers varies relative to that needed by individual searchers. Numerical and theoretical results demonstrate these two universal principles established across a broad range of random search processes, including generic random walks, maximal entropy random walks, intermittent strategies, and persistent random walks. Our results reveal two fundamental principles governing the search time of multiple random searchers, which are expected to facilitate investigation of diverse dynamical processes like synchronization and spreading.

  13. Basic Substantive Law for Paralegals: Contracts, Torts, and Due Process.

    Science.gov (United States)

    Marcin, Raymond B.

    Part of the paralegal, or legal assistant, training materials prepared by the National Paralegal Institution under a Federal grant, the text comprises an overview of the basic legal concepts usually found in introductory law courses concerning contracts, torts, and the due process area of constitutional law. Part 1, Contracts, covers: definition,…

  14. Testing wagner's law of government size for South Africa, 1950-2008

    African Journals Online (AJOL)

    wise, the results imply that development plans of South Africa must incorporate such fiscal policy measures that would guarantee commensurate growth in government revenue. Keywords: Wagner's law; co-integration; causality; government size; ...

  15. Seeding Solutions Volume 2: Options for National Laws Governing ...

    International Development Research Centre (IDRC) Digital Library (Canada)

    2001-01-01

    Jan 1, 2001 ... ... 2: Options for National Laws Governing Access To and Control Over Genetic ... to the ownership, conservation, and exchange of genetic resources. ... partnering on a new initiative, aimed at reducing the emerging risk that.

  16. A review of second law techniques applicable to basic thermal science research

    Science.gov (United States)

    Drost, M. Kevin; Zamorski, Joseph R.

    1988-11-01

    This paper reports the results of a review of second law analysis techniques which can contribute to basic research in the thermal sciences. The review demonstrated that second law analysis has a role in basic thermal science research. Unlike traditional techniques, second law analysis accurately identifies the sources and location of thermodynamic losses. This allows the development of innovative solutions to thermal science problems by directing research to the key technical issues. Two classes of second law techniques were identified as being particularly useful. First, system and component investigations can provide information of the source and nature of irreversibilities on a macroscopic scale. This information will help to identify new research topics and will support the evaluation of current research efforts. Second, the differential approach can provide information on the causes and spatial and temporal distribution of local irreversibilities. This information enhances the understanding of fluid mechanics, thermodynamics, and heat and mass transfer, and may suggest innovative methods for reducing irreversibilities.

  17. 48 CFR 3053.222-70 - Application of labor laws to Government acquisitions.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Application of labor laws... Prescription of Forms 3053.222-70 Application of labor laws to Government acquisitions. The following form is prescribed for use in connection with the application of labor laws, as specified in (HSAR) 48 CFR 3022.406-9...

  18. Governance in genomics: a conceptual challenge for public health genomics law

    Directory of Open Access Journals (Sweden)

    Tobias Schulte in den Bäumen

    2006-12-01

    Full Text Available Increasing levels of genomic knowledge has led to awareness that new governance issues need to be taken into consideration. While some countries have created new statutory laws in the last 10 years, science supports the idea that genomic data should be treated like other medical data. In this article we discuss the three core models of governance in medical law on a conceptual level. The three models, the Medical, Public Health and Fundamental Rights Model stress different values, or in legal terms serve different principles. The Medical Model stands for expert knowledge and the standardisation of quality in healthcare. The Public Health Model fosters a social point of view as it advocates distribution justice in healthcare and an awareness of healthcare as a broader concept. The Fundamental Rights Model focuses on individual rights such as the right to privacy and autonomy. We argue that none of the models can be used in a purist fashion as governance in genomics should enable society and individuals to protect individual rights, to strive for a distribution justice and to ensure the quality of genomic services in one coherent process. Thus, genomic governance in genomics requires procedural law and a set of applicable principles. The principle which underlies all three models is the principle of medical beneficence. Therefore genomic governance should refer to it as a key principle when conflicting rights of individuals or communities need to be balanced.

  19. Closing responsibilities: decommissioning and the law

    International Nuclear Information System (INIS)

    Macrory, R.

    1990-01-01

    Laws change over time, with the times. Interpretations of old laws shift and the need for new laws emerges. There are endless reasons for these necessary changes, but the basic impetus is the changing nature of societal circumstance. Fifty years ago there were no laws directly governing nuclear power in any way. Today we know that nuclear power touches people from their wallets to their descendants. Currently, many laws related to nuclear power are in place, laws which protect all sectors of society from electricity generating bodies to a newborn child, and the Chernobyl accident has broadened the legal ramifications of nuclear power even more. This expanding body of nuclear law reflects our expanding understanding of nuclear power from its technical beginnings to its societal consequences and implications. The law is now beginning to reflect the growing significance of decommissioning. What are the relationships between decommissioning and the existing laws, government agencies, and policies? Ironically, although the UK will lead the world in addressing decommissioning responsibilities, there are no explicit laws in place to govern the process. In the absence of specific legislation governing decommissioning, the primary responsibilities fall to the operators of the power plants, a circumstance not lost on those involved in privatization. In this chapter, the wide and varied legal ramifications of decommissioning are examined. (author)

  20. RENEWAL OF BASIC LAWS AND PRINCIPLES FOR POLAR CONTINUUM THEORIES (Ⅵ)-CONSERVATION LAWS OF MASS AND INERTIA

    Institute of Scientific and Technical Information of China (English)

    戴安民

    2003-01-01

    The purpose is to reestablish the coupled conservation laws, the local conservation equations and the jump conditions of mass and inertia for polar continuum theories. In this connection the new material derivatives of the deformation gradient, the line element, the surface element and the volume element were derived and the generalized Reynolds transport theorem was presented. Combining these conservation laws of mass and inertia with the balance laws of momentum, angular momentum and energy derived in our previous papers of this series, a rather complete system of coupled basic laws and principles for polar continuum theories is constituted on the whole. From this system the coupled nonlocal balance equations of mass, inertia, momentum, angular momentum and energy may be obtained by the usual localization.

  1. Legislation and Equality in Basic Education for All in China

    Science.gov (United States)

    Law, Wing-Wah; Pan, Su-Yan

    2009-01-01

    In China, legislation exists which requires compulsory schooling for all students of school age. This article examines the functions of and the constraints on using law to institutionalize equality in basic education. It argues that, in China, law is a last resort, holding governments of various levels accountable. Law can be a device of social…

  2. E-GOVERNMENT AS A BASIC FOR ECONOMIC DEVELOPMENT IN UKRAINE

    Directory of Open Access Journals (Sweden)

    Natalia ORLOVA

    2012-07-01

    Full Text Available Development of information society in Ukraine and introduction of new information and communication technologies in areas of social life and activity of the government is defined by effective work of the e-government in the country. The article is devoted to finding the role of e-government in the socio-economic development. The aim of of this paper is to find the the main directions of e-government in the information society to improve the efficiency of government in Ukraine and the access to international information society. The article is analyzed the factors constraining introduction of electronic government in Ukraine, obstacles for users of e-governments system in the conditions of information society  also. It is proved that e-government is the foundation of a new model of governance in Ukraine. The article is analysed a rating of the European countries (separately Eastern Europe by efficiency of introduction of the electronic government. The methodological basis of  research is made by a logical and dialectic method of knowledge of economic events and state regulation machineries in modern world and national economies, the provision of fundamental works on the economic theory, international law and public administration.

  3. Amendment of the atomic energy basic law and other related laws and establishment of the nuclear safety commission

    International Nuclear Information System (INIS)

    Ochi, Kenji

    1978-01-01

    The Atomic Energy Basic Law and related several laws were amended in the recent diet session. The amendment of the laws was requested after the radiation leakage from nuclear-powered ship ''Mutsu''. The reform of administrative system of atomic energy development and utilization are consisted of two important points: one is to establish the Nuclear Safety Commission for strengthening nuclear safety administration, and the other is to give an authority to each ministry or agency to regulate nuclear power reactor from the establishment to operation according to its original mission. (author)

  4. The use of entire agreement clauses in contracts governed by Danish law

    DEFF Research Database (Denmark)

    Mitkidis, Katerina

    2017-01-01

    The article analyses the use of entire agreement (EA) clauses in contracts governed by Danish law. It (i) reviews the practice, based on interviews conducted with the representatives of Danish firms, judiciary and legal profession, (ii) analyses the implications of the practice under Danish...... contract law and related case law and (iii) offers recommendations on how EA clauses can be amended to minimise associated legal risks....

  5. Rule of Law Dynamics in an Era of International and Transnational Governance

    NARCIS (Netherlands)

    Zürn, M.; Nollkaemper, A.; Peerenboom, R.

    2011-01-01

    The international and transnational nature of modern governance presents major challenges for the rule of law promotion agenda, at a time when the less than stellar results of traditional state-oriented rule of law promotion have led to increased doubts about the wisdom and feasibility of the

  6. 31 CFR 357.10 - Laws governing a Treasury book-entry security, TRADES, and security interests or entitlements.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Laws governing a Treasury book-entry... PUBLIC DEBT REGULATIONS GOVERNING BOOK-ENTRY TREASURY BONDS, NOTES AND BILLS HELD IN LEGACY TREASURY DIRECT Treasury/Reserve Automated Debt Entry System (TRADES) § 357.10 Laws governing a Treasury book...

  7. Basic characteristics of the pollution laws and pollution regulations of the German Democratic Republic

    Energy Technology Data Exchange (ETDEWEB)

    Lammich, S

    1987-02-02

    The paper abstracted informs about the basic principles characterizing the pollution laws and pollution regulations of the German Democratic Republic. The author deals with the constitutional principles, the National Culture Law valid since 1970 and conceived as a general pollution law, the planning of pollution abatement, legal aspects of water pollution abatement, air pollution abatement, waste management, noise pollution abatement and radiation protection. Particular emphasis is on the legal sanctions devised to ensure the observance of environmental laws and restrictions which are both part of the administrative, civil and economic laws and of the disciplinary and criminal laws. (HSCH).

  8. Faith and Scepticism in Private International Law: Trust, Governance, Politics, and Foreign Judgments

    NARCIS (Netherlands)

    C. Whytock (Christopher)

    2014-01-01

    markdownabstract__abstract__ In both the European Union (EU) and the United States (US), the law governing the enforcement of foreign judgments is evolving, but in different directions. EU law, especially after the elimination of exequatur by the 2012 ’Recast’ of the Brussels I Regulation,

  9. Better parks through law and policy: a legal analysis of authorities governing public parks and open spaces.

    Science.gov (United States)

    Henderson, Ana; Fry, Christine R

    2011-01-01

    Improving parks in low income and minority neighborhoods may be a key way to increase physical activity and decrease overweight and obesity prevalence among children at the greatest risk. To advocate effectively for improved recreation infrastructure, public health advocates must understand the legal and policy landscape in which public recreation decisions are made. In this descriptive legal analysis, we reviewed federal, state, and local laws to determine the authority of each level of government over parks. We then examined current practices and state laws regarding park administration in urban California and rural Texas. We identified several themes through the analysis: (1) multiple levels of governments are often involved in parks offerings in a municipality, (2) state laws governing parks vary, (3) local authority may vary substantially within a state, and (4) state law may offer greater authority than local jurisdictions use. Public health advocates who want to improve parks need to (1) think strategically about which levels of government to engage; (2) identify parks law and funding from all levels of government, including those not typically associated with local parks; and (3) partner with advocates with similar interests, including those from active living and school communities.

  10. 31 CFR 354.2 - Law governing rights and obligations of Federal Reserve Banks, and Sallie Mae; rights of any...

    Science.gov (United States)

    2010-07-01

    ... on the books of a Federal Reserve Bank pursuant to § 354.4(c)(1), is governed by the law (not... recorded on the books of a Federal Reserve Bank pursuant to § 354.14(c)(1), is governed by the law... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Law governing rights and obligations...

  11. Micromechanics of Composite Materials Governed by Vector Constitutive Laws

    Science.gov (United States)

    Bednarcyk, Brett A.; Aboudi, Jacob; Arnold, Steven M.

    2017-01-01

    The high-fidelity generalized method of cells micromechanics theory has been extended for the prediction of the effective property tensor and the corresponding local field distributions for composites whose constituents are governed by vector constitutive laws. As shown, the shear analogy, which can predict effective transverse properties, is not valid in the general three-dimensional case. Consequently, a general derivation is presented that is applicable to both continuously and discontinuously reinforced composites with arbitrary vector constitutive laws and periodic microstructures. Results are given for thermal and electric problems, effective properties and local field distributions, ordered and random microstructures, as well as complex geometries including woven composites. Comparisons of the theory's predictions are made to test data, numerical analysis, and classical expressions from the literature. Further, classical methods cannot provide the local field distributions in the composite, and it is demonstrated that, as the percolation threshold is approached, their predictions are increasingly unreliable. XXXX It has been observed that the bonding between the fibers and matrix in composite materials can be imperfect. In the context of thermal conductivity, such imperfect interfaces have been investigated in micromechanical models by Dunn and Taya (1993), Duan and Karihaloo (2007), Nan et al. (1997) and Hashin (2001). The present HFGMC micromechanical method, derived for perfectly bonded composite materials governed by vector constitutive laws, can be easily generalized to include the effects of weak bonding between the constituents. Such generalizations, in the context of the mechanical micromechanics problem, involve introduction of a traction-separation law at the fiber/matrix interface and have been presented by Aboudi (1987), Bednarcyk and Arnold (2002), Bednarcyk et al. (2004) and Aboudi et al. (2013) and will be addressed in the future.

  12. Energy supply between state, local government, and economy. Energieversorgung zwischen Staat, Gemeinde und Wirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Loewer, W.

    1989-01-01

    The central theme in the current discussion about the decentralization of the structures of energy supply in the Federal Republic of Germany and about the possibilities for implementing the reform on the basis of the valid law is a competency of the local government for energy provision by virtue of its 'general responsibility' or its 'tasks as a caterer for basic needs' (Daseinsvorsorge). The question raised thereby in relation to constitutional law, municipal economy law and energy law are thoroughly studied and answered in the book. It deals with the complexes 'catering for basic needs', 'public task', and 'decentralization' in the energy-political discussion, giving selected examples; with basic traits of the development of electric power supply as a many-sided system of energy provision; with the competency of the national or local government for ensuring electric power supply based on its being a 'caterer for basic needs', or electric power supply, being a public task; and with electric power supply as a municipal task. (orig.).

  13. Law and Popular Culture : International Perspectives

    NARCIS (Netherlands)

    Brown, K.J.; Asimow, Michael; Papke, David Ray

    Commentators have noted the extraordinary impact of popular culture on legal practice, courtroom proceedings, police departments, and government as a whole, and it is no exaggeration to say that most people derive their basic understanding of law from cultural products. Movies, television programs,

  14. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Release of law enforcement information furnished by foreign governments or international organizations. 635.15 Section 635.15 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Release of...

  15. Improving school governance through participative democracy and the law

    Directory of Open Access Journals (Sweden)

    Marius H Smit

    2011-01-01

    Full Text Available There is an inextricable link between democracy, education and the law. After 15 yearsofconstitutional democracy, the alarming percentage of dysfunctional schools raises questions about the efficacy of the system of local school governance. We report on the findings of quantitative and qualitative research on the democratisation of schools and the education system in North-West Province. Several undemocratic features are attributable to systemic weaknesses of traditional models of democracy as well as the misapplication of democratic and legal principles. The findings of the qualitative study confirmed that parents often misconceive participatory democracy for political democracy and misunderstand the role of the school governing body to be a political forum. Despite the shortcomings, the majority of the respondents agreed that parental participation improves school effectiveness and that the decentralised model of local school governance should continue. Recommendations to effect the inculcation of substantive democratic knowledge, values and attitudes into school governance are based on theory of deliberative democracy and principles of responsiveness, accountability and justification of decisions through rational discourse.

  16. Towards sustainability. Major challenges for corporate law, corporate governance and regulation

    NARCIS (Netherlands)

    van Basten-Boddin, C.; de Hoo, S.C.; Renssen, S.; Schwarz, C.A.

    2014-01-01

    This book covers the presentations held at the launching event of the Institute for Corporate Law, Governance and Innovation Policies (ICGI) at Maastricht University. Contributions are provided by Willem Lageweg (Director of MVO Nederland), Prof. Dr. Jacqueline Cramer (Director of the Utrecht

  17. Contract Law in a Comparative Perspective

    Directory of Open Access Journals (Sweden)

    - Suharnoko

    2012-05-01

    Full Text Available The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but they have not recognized pre contractual liability and have not applied the doctrine of unjustified enrichment in disputes regarding illegal contract. As practical matter, the integration clause under common law system stipulated in contract governed by Indonesian law, whereas Internasional Convention on Sale of Good regarding this issue adopts civil law system.

  18. Three comments on the combination of public law and private law principles in the new legislation governing radioactive waste management

    International Nuclear Information System (INIS)

    Handrlica, Jakub

    2017-01-01

    This article discusses the issue of mixed public and private law in the Nuclear Energy Act, in particular with regard to the legal framework governing radioactive waste management. In fact, neither the old nor the new legal arrangements are exclusively of public law nature because a number of private law items are included. This fact is illustrated on some examples including provisions on liability for nuclear damage, the legal authority of the Radioactive Waste Repository Agency, and financial compensation to municipalities affected by the preparation of a deep geological radioactive waste disposal facility. (orig.)

  19. Exploration on the Ways of Thinking for Government by Law in the Governance of the Grassroots Society

    Directory of Open Access Journals (Sweden)

    Fan Xuzhi

    2017-01-01

    Full Text Available Social governance of the grassroots is the foundation for maintaining social stability and building a harmonious society. The obvious problems of weakened power, abnormal petitioning, hidden danger of social security, weakness of virtual social control, and vacancy in management of the special group in the vast grassroots area did exist. Faced with the problems, the rapid development of urbanization and the relative lack of public service, the public’s strengthened consciousness of rights safeguarding and not sound interests safeguard mechanism, heavy tasks on social governance of the grassroots and not enough resources, and the imbalance between the public’s improved expectation and the ability of the cadres in grass-root level, the level of grass-roots social governance needs to be improved by employing the “five-in-one” thinking mode of governance by law.

  20. Spatiality of environmental law

    DEFF Research Database (Denmark)

    Baaner, Lasse; Hvingel, Line

    2015-01-01

    , examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from...... maps showing representations of applied legal norms, to maps build on datasets that have legal authority. That will integrate legal and geographic information systems, and improve the legal accountability of decision support systems used in e-Government services based on spatio-legal data....

  1. Code of laws and regulations on atomic energy controls. Showa 53 ed.

    International Nuclear Information System (INIS)

    1978-01-01

    The code has collected above laws and regulations promulgated by 10th February, 1978 and they can be classified into following several categories. 1. Atomic Energy Basic Law and Atomic Energy Commission Establishment Law including their related government orders, regulations and rules. 2. The Law for Regulation of Nuclear Source Material, Nuclear Fuel Material and regulations, rules, instructions and guidelines. 3. The Law on Technical Criteria for the Prevention of Radiation Hazards and the Law Concerning the Prevention of Radiation Hazards due to Radioisotopes, etc. including their related government orders, regulations, rules and announcements. 4. The Law on Compensation for Nuclear Damage with its relating government order and the Law on Indemnity Agreement for Compensation of Nuclear Damage. 5. Laws for establishing those nuclear energy development organizations as Japan Atomic Energy Research Institute, Japan Nuclear Ship Development Agency and Power Reactor and Nuclear Fuel Development Corporation. 6. Other laws relating to atomic energy and radiation utilization including their pertaining regulations, rules, standards, etc. such as: Electricity Business Law; Land Transportation and Cars Law; Ships and Vessels Safety Law; Aviation Law; Employees' Health and Safety Law; Electricity Resources Development Law; and others

  2. Hugo Grotius, Privileges, Fundamental Laws and Rights

    NARCIS (Netherlands)

    van Nifterik, G.

    2011-01-01

    As a result of the political developments in the young and struggling Dutch Republic, Grotius experienced the lack of, and the need for juridical protection of some basic rights against infringements by the government. The privileges, taken for fundamental laws, did not provide this protection

  3. Comparing the Law and Governance of Assisted Dying in Four European Nations

    NARCIS (Netherlands)

    McCann, Adam

    2015-01-01

    This article provides a comparative law and governance insight to assisted dying in England, France, Switzerland and the Netherlands, bringing together empirical studies of regulation and normative thinking about the role of the state. It follows the ‘new governance’ scholarly effort to challenge

  4. What will be the effect of European Internal Market on interpretation of German nuclear law?

    International Nuclear Information System (INIS)

    Schattke, H.

    1991-01-01

    A case study of community law comes to the following results: 1) The Single European Act is to improve, and not impair, the state of integration in the EC achieved so far. 2) National limitations of transboundary, free service transactions are only allowed on national territories in the interest of protecting the population against health hazards. 3) True to say, there are no properly formulated European basic rights, but there is an unwritten, by the European Court of Justice accepted European basic rights catalogue, which resembles German basic rights. 4) Primary and secondary EC community law has priority over corresponding national law. 5) Prior-ranking of European law does not mean voidness of corresponding national law, but lower priority, always related to individual cases. 6) Prior-ranking of EC community law commits those in Federal Government and Laender authorities and in the courts who are concerned with the application of law, to interprete German law in a way conform with Community law. (orig./HSCH) [de

  5. Of goats, sheep, camels and oil : two Calgary lawyers are helping government officials in Somalia and Kurdistan design new petroleum laws

    Energy Technology Data Exchange (ETDEWEB)

    Lorenz, A.W.

    2007-05-15

    A few international energy companies have shown strong interest in the northern regions of Somalia for the exploration of oil, particularly since Somalia shares geological trends with Yemen and Sudan, both of which have prolific hydrocarbon basins. Two Calgary lawyers have been working with the government of Somalia in developing a new set of oil and gas laws. After decades of repression, Iraq's Kurdish Regional Government (KRG) has now asked one of the lawyers to also help develop their laws. Unlike the Somalis who live in a region where hydrocarbons have barely been explored, the Kurds live in a mountainous region with one of the world's largest hydrocarbon basins. The lawyers began by teaching the Somalis the basics of petroleum legal practices and designing Somalia's new system. This article emphasized that the task of creating a foundation for the petroleum legal system is quite similar for both regions, in terms of who is entitled to the resource and how much will be shared with foreign companies in return for investment and expertise. The Somalis have asked for advice on the best way to divide profits between the state and the foreign investor. This article also discussed the political challenges facing the Kurds in terms of negotiating their own exploration and development contracts in Iraq. One of the greatest challenges is that when a new Iraq National Oil Company was created, it was given basically every current field in the country, even those in Kurdistan. While oil companies prefer concession regimes, Iraq offers 3 different types of contracts, namely Production Sharing Agreements, service contracts and risk exploration contracts. 4 figs.

  6. Serie Legislacion Educativa Argentina, 1: Leyes Universitarias (Series on Educational Legislation of Argentian, 1: Laws Governing Universities).

    Science.gov (United States)

    Ministerio de Cultura y Educacion, Buenos Aires (Argentina). Centro National de Documentacion e Informacion Educativa.

    This document contains the laws governing national, private, and state universities in Argentina. The texts of the laws for each sector are contained, covering objectives, general administration, academic organization, students, and finances. (VM)

  7. Christian Joerges and Ernst-Ulrich Petersmann (eds., Constitutionalism: Multilevel Trade Governance and International Economic Law (Hart Publishing: Studies in International Trade Law, 2011

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2012-03-01

    Full Text Available Constitutionalism, Multilevel Trade Governance and International Economic Law is a second issue of a 2006 text of the same name. It brings together an impressive collection of international scholarship exploring international economic law in light of constitutional theory with many well-established experts in the field alongside some relatively junior and highly promising scholars.

  8. Food Pedagogies in Japan: From the Implementation of the Basic Law on Food Education to Fukushima

    Science.gov (United States)

    Reiher, Cornelia

    2012-01-01

    Japan's Basic Law on Food Education (Shokuiku kihonho) was enacted in June 2005 as a response to various concerns related to food and nutrition, such as food scandals, an increase in obesity and lifestyle-related diseases and an assumed loss of traditional food culture. The Law defines food education (shokuiku) rather vaguely as the acquisition of…

  9. Assessment of Corporate Governance in Jordan: An Empirical Study

    Directory of Open Access Journals (Sweden)

    Sinan S. Abbadi

    2011-09-01

    Full Text Available This paper assesses the reality of corporate governance in Jordan. It identifies the framework of corporate governance, which has here been set into two dimensions – institutionalisations and regulations – and describes the five major principles of corporate governance. The study was carried out by interviews with key employees and the review of related laws and selected annual reports. The study found (1 basic shareholder rights were honoured in decision-making, except for large decisions such as major asset sales; (2 shareholders were not treated equitably in practice, although controllers sometimes took action and prohibited insider trading; (3 the role and rights of stakeholders in corporate governance were respected, and stakeholders had a number of legal protections, which were largely covered in Jordan's Company Law; (4 disclosure and transparency were observed to a large extent, although limited to quantity rather than quality, because Jordan has fully adopted IFRS and ISA and (5 boards largely fulfilled their responsibilities, as these are extensively defined by law and regulation.

  10. The Obligation to Provide Free Basic Education in South Africa: An ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... In South Africa many learners are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to provide free primary education.

  11. Amendment of Atomic Energy Basic Law and the development of Atomic Energy Administration

    International Nuclear Information System (INIS)

    Ochi, Kenji

    1978-01-01

    This article explains the key points of the major development of Atomic Energy Administration recently made by amendments of Atomic Energy Basic Law and other two relating laws. These amendments passed through the Diet and were enacted on 7th, June, 1978. The aim of them is focussed on reinforcement and rearrangement of safety controls on nuclear reactors. Previously, although the approval of the installation plan with basic designs of a nuclear reactor has been done by Prime Minister, further approvals of detailed designs and process of construction works, as well as inspections before and after operation have been conducted by each responsible minister, respectively. That is, those controls for power reactors have been within jurisdiction of minister of Trade and Industry, and for nuclear ships' reactors minister of Transportation has been responsible. Under the new system, above mentioned ministers continue to exercise almost same controls over reactors within their jurisdiction respectively, however the new laws have established so-called ''double check'' principle in that: when each responsible minister approves the installation, detailed designs and further stages of construction and operation of the reactor, he should hear and pay a great regard for opinions of Atomic Energy Commission and Atomic Energy Safety Commission. The latter is newly established organization which has similar status and authority to the former. (J.P.N.)

  12. Tackling the global NCD crisis: innovations in law and governance.

    Science.gov (United States)

    Thomas, Bryan; Gostin, Lawrence O

    2013-01-01

    35 million people die annually of non-communicable diseases (NCDs), 80% of them in low- and middle-income countries - representing a marked epidemiological transition from infectious to chronic diseases and from richer to poorer countries. The total number of NCDs is projected to rise by 17% over the coming decade, absent significant interventions. The NCD epidemic poses unique governance challenges: the causes are multifactorial, the affected populations diffuse, and effective responses require sustained multi-sectorial cooperation. The authors propose a range of regulatory options available at the domestic level, including stricter food labeling laws, regulation of food advertisements, tax incentives for healthy lifestyle choices, changes to the built environment, and direct regulation of food and drink producers. Given the realities of globalization, such interventions require global cooperation. In 2011, the UN General Assembly held a High-level meeting on NCDs, setting a global target of a 25% reduction in premature mortality from NCDs by 2025. Yet concrete plans and resource commitments for reaching this goal are not yet in the offing, and the window is rapidly closing for achieving these targets through prevention - as opposed to treatment, which is more costly. Innovative global governance for health is urgently needed to engage private industry and civil society in the global response to the NCD crisis. © 2013 American Society of Law, Medicine & Ethics, Inc.

  13. The Atomic energy basic law

    International Nuclear Information System (INIS)

    1979-01-01

    The law aims to secure future energy resources, push forward progress of science and advancement of industry for welfare of the mankind and higher standard of national life by helping research, development and utilization of atomic power. Research, development and utilization of atomic power shall be limited to the peaceful purpose with emphasis laid on safety and carried on independently under democratic administration. Basic concepts and terms are defined, such as: atomic power; nuclear fuel material; nuclear raw material; reactor and radiation. The Atomic Energy Commission and the Atomic Energy Safety Commission shall be set up at the Prime Minister's Office deliberately to realize national policy of research, development and utilization of atomic power and manage democratic administration for atomic energy. The Atomic Energy Commission shall plan, consider and decide matters concerning research, development and utilization of atomic energy. The Atomic Energy Safety Commission shall plan, consider and decide issues particularly concerning safety securing among such matters. The Atomic Energy Research Institute shall be founded under the governmental supervision to perform research, experiment and other necessary affairs for development of atomic energy. The Power Reactor and Nuclear Fuel Development Corporation shall be established likewise to develop fast breeding reactor, advanced thermal reactor and nuclear fuel materials. Development of radioactive minerals, control of nuclear fuel materials and reactors and measures for patent and invention concerning atomic energy, etc. are stipulated respectively. (Okada, K.)

  14. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

  15. Scaling laws governing the multiple scattering of diatomic molecules under Coulomb explosion

    International Nuclear Information System (INIS)

    Sigmund, P.

    1992-01-01

    The trajectories of fast molecules during and after penetration through foils are governed by Coulomb explosion and distorted by multiple scattering and other penetration phenomena. A scattering event may cause the energy available for Coulomb explosion to increase or decrease, and angular momentum may be transferred to the molecule. Because of continuing Coulomb explosion inside and outside the target foil, the transmission pattern recorded at a detector far away from the target is not just a linear superposition of Coulomb explosion and multiple scattering. The velocity distribution of an initially monochromatic and well-collimated, but randomly oriented, beam of molecular ions is governed by a generalization of the standard Bothe-Landau integral that governs the multiple scattering of atomic ions. Emphasis has been laid on the distribution in relative velocity and, in particular, relative energy. The statistical distributions governing the longitudinal motion (i.e., the relative motion along the molecular axis) and the rotational motion can be scaled into standard multiple-scattering distributions of atomic ions. The two scaling laws are very different. For thin target foils, the significance of rotational energy transfer is enhanced by an order of magnitude compared to switched-off Coulomb explosion. A distribution for the total relative energy (i.e., longitudinal plus rotational motion) has also been found, but its scaling behavior is more complex. Explicit examples given for all three distributions refer to power-law scattering. As a first approximation, scattering events undergone by the two atoms in the molecule were assumed uncorrelated. A separate section has been devoted to an estimate of the effect of impact-parameter correlation on the multiple scattering of penetrating molecules

  16. The law for the Independent Administrative Institution Japan Atomic Energy Agency

    International Nuclear Information System (INIS)

    2005-07-01

    The Law no.155 of 3 Dec. 2004(the latest revision, Law no.87 of 26 July 2005) is the law to define the objective, scope of activities, etc. of the independent administrative institution Japan Atomic Energy Agency. The agency is established under the atomic energy basic law to make comprehensive research and development associated with nuclear energy and establishment of nuclear fuel cycle and to contribute to promote research, development and utilization of it. The agency has its main office in Ibaraki prefecture and its capital is the amount of contributions by the government and persons other than the government. The officers are consisted of a president, an executive vice president, less than 7 executive directors and 2 auditors. The president is appointed by the Minister of Ministry of Education, Culture, Sports, Science and Technology with the consent of the atomic energy commission. The term of the president is from the day of the appointment to the end of midterm goal period and that of auditors is 2 years. Activities of the agency include basic and application research of nuclear energy, technical establishment of nuclear fuel cycle (R and D of Fast Breeder Reactor, nuclear fuel for FBR, reprocessing and treatment and disposal of HLW), promotion of application of R and D results of above areas, utilization sharing of facility and equipment, human resource development of nuclear energy field, collection, arrangement and dissemination of nuclear information and study and analysis requested by the government. (T. Tanaka)

  17. Participatory Aspirations of Environmental Governance in East Africa - Comment

    Directory of Open Access Journals (Sweden)

    Nicholas N. Kimani

    2010-09-01

    Full Text Available New ways of thinking about governance are challenging our basic understandings about how we organise ourselves in a world that is increasingly characterised by uncertainty, ambiguity and unpredictability, and about how we should organise ourselves (emphasis added. Through consideration of developments in East Africa under the auspices of a United Nations Environment Programme (UNEP-administered project, the Partnership for Development of Environmental Laws and Institutions (PADELIA, two important considerations clearly stand out. First, in regional approaches to environmental governance law-makers and policy-makers need to go beyond a formalist understanding of governance which lays sole emphasis upon respective countries' institutions and legal frameworks. An appreciation of the extent to which shared understandings and common approaches to problem-solving may be tempered by contingent social, cultural and political circumstances is also necessary. Secondly, given the present trend in environmental governance where governmental authority is increasingly shifting away from state institutions towards civil actors, ever-increasing opportunities are presented to civil actors to shape and reshape their environmental laws and policy. As a result, what is left is for these actors is to be proactive and to take more initiative in safeguarding their own environment.

  18. 48 CFR 53.222 - Application of labor laws to Government acquisitions (SF's 308, 1093, 1413, 1444, 1445, 1446, WH...

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Application of labor laws... Prescription of Forms 53.222 Application of labor laws to Government acquisitions (SF's 308, 1093, 1413, 1444... application of labor laws: (a) [Reserved] (b) [Reserved] (c) SF 308 (DOL) (Rev. 5/85), Request for Wage...

  19. FROM INTERNATIONAL LAW TO GLOBAL GOVERNANCE: STRUCTURAL CHANGES IN THE TRANSNATIONAL SPACE

    OpenAIRE

    Torelly, Marcelo

    2016-01-01

    The articles analyze the emergence of the concept of global governance arguing that social complexification leads to the emergence of new kinds of transnational regulation that challenge the traditional concept of international law articulated in the late XIX Century. It divides the historical development in three stages: an assembly moment, an executive moment, and judicial moment characterized by normative fragmentation and the emergence of self-contained regimes with constitutional-like fe...

  20. Legal aspects of radioactive waste disposal from the mining law point of view

    International Nuclear Information System (INIS)

    Kuehne, G.

    1992-01-01

    The contribution discusses the scope of the regulations laid down by the Mining Laws, the plan-of-working procedures stipulated by these laws, the significance of the clause which watches over the conservation of resources ('Rohstoffsicherungsklausel', Paragraph 48/I/p, 2 BBergG) as a clause watching over the availability of repositories, and the responsibilities of the Government and the Lands for administrative procedures within the Mining Laws. The deficiencies of the system with regard to the administrative synchronization of the Atomic Energy Laws and the Mining Laws suggest a reform of the Atomic Energy Law. Although the elimination of such deficiencies has never been the subject of the respective preparatory discussions the reform intends to relieve the Government of any obligation laid down by Paragraph 9a, section 3 of the Atomic Energy Law by putting repository installation and operation into private hands. In view of this target one must be aware of the fact that the Federal Government may have to succumb to the Lands when it comes to executing the regulations of the Mining Laws. A solution of that kind cannot be recommended in view of the fact that one plans to treat every case by applying one kind of licensing procedure in accordance with paragraph 7 of the Atomic Energy Laws and to extend the Government's authority to issue directives (section 85, 3 of the Basic Law for the Federal Republic of Germany) to legal matters which are wound up by the very Lands. (orig./HSCH) [de

  1. Causes analysis on the failure of government environmental responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important Environmental Interests of Subjects, government behooves to undertake the corresponding responsibility of Pollution Control and Environmental Protection. The current situations in our country, however, appear as government environmental responsibility failure. Based on the analysis of law and economics, this article reaches the conclusion through game analysis, principle-agency relationship and utility theory that the prisoners dilemma of environmental interest game between government and enterprise, and the inherent defect of the principal-agency relationship between central government and local government are the inherent causes of government environmental responsibility failure. Many officials tends to graft and corrupt to maximum their own benefit, thus leading to the government failure among environmental pollution treatment and the environmental responsibility to undertake.

  2. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    head of traditional central government, the headman was the head of the ward, and the family head exercised leadership at family level.13 Accordingly, the nature of traditional governance in South Africa was that of an unspecialised legal system where the king or chief was creator of laws, the executor of laws and the judge ...

  3. The French Energy Transition Law for Green Growth: At the limits of governance by objectives

    International Nuclear Information System (INIS)

    Ruedinger, Andreas

    2015-10-01

    The aim of this article is threefold: firstly, it briefly retraces the policy process that led to the adoption of the French Energy Transition Law over the last three years (2012-2015). Secondly, it provides a summary of the law's contents, including the main targets and measures. Eventually, it puts this overview into perspective, through an analysis of the key challenges for implementation, with a special focus on the new governance framework for the energy transition. After 3 years of extensive debates, the French energy transition law was adopted in July 2015. Through its 215 articles, it provides a comprehensive and ambitious roadmap for the transformation of the energy system and introduces various policy instruments. The transition builds on strong objectives for GHG reduction (-40% until 2030, -75% by 2050), energy efficiency (reducing demand by 20% until 2030 and 50% until 2050), and the diversification of energy supply through reduced nuclear and fossil fuels and an accelerated deployment of renewables. The law introduces a clear trajectory for the carbon price signal introduced in 2014, which should reach up to euro 56/ton by 2022 and euro 100/ton by 2030, applying to the final consumption of transport and heating fuels. Other key measures include new obligations to massively deploy building retrofits and the evolution of renewable support mechanisms towards a market premium scheme. While the adoption of the law represented a lengthy process, its implementation over the coming years will be even more challenging: the law essentially introduces a framework of governance by objectives, including a profusion of new targets and planning instruments. However, it might very well become an empty shell if this framework is not backed with equally strong measures to provide an effective implementation strategy

  4. RENEWAL OF BASIC LAWS AND PRINCIPLES FOR POLAR CONTINUUM THEORIES (Ⅱ)-MICROMORPHIC CONTINUUM THEORY AND COUPLE STRESS THEORY

    Institute of Scientific and Technical Information of China (English)

    戴天民

    2003-01-01

    The purpose is to reestablish the balance laws of momentum, angular momentumand energy and to derive the corresponding local and nonlocal balance equations formicromorphic continuum mechanics and couple stress theory. The desired results formicromorphic continuum mechanics and couple stress theory are naturally obtained via directtransitions and reductions from the coupled conservation law of energy for micropolarcontinuum theory, respectively. The basic balance laws and equation s for micromorphiccontinuum mechanics and couple stress theory are constituted by combining these resultsderived here and the traditional conservation laws and equations of mass and microinertiaand the entropy inequality. The incomplete degrees of the former related continuum theoriesare clarified. Finally, some special cases are conveniently derived.

  5. Radiation protection law

    International Nuclear Information System (INIS)

    Hebert, J.

    1981-01-01

    This article first reviews the general radiation protection law at international and national level, with particular reference to the recommendations of the International Commission on Radiological Protection (ICRP) which, although not mandatory, are nevertheless taken into consideration by international organisations establishing basic radiation protection standards such as the UN, IAEA, NEA and Euratom, at Community level, and by national legislation. These standards are therefore remarkably harmonized. Radiation protection rule applied in France for the different activities and uses of radioactive substances are then described, and finally, a description is given of the regulations governing artificial radioisotopes and radioactive effluents. (NEA) [fr

  6. Conference report 11th German atomic energy law symposium

    International Nuclear Information System (INIS)

    Anon.

    2001-01-01

    The 11 th German Atomic Energy Law Symposium organized by the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU) was held in Berlin on October 9 and 10, 2001. Approximately 250 participants from industry, politics, administration, science, and associations had accepted the invitation by BMU and discussed a variety of questions arising mainly out of the new nuclear energy policy of the federal government. In the introductory session, Federal Minister for the Environment Juergen Trittin sketched the framework of federal policy resulting from the criteria set forth by the federal government and the negotiations with the power utilities after the agreement on the future use of nuclear power had been signed. The following seven technical sessions dealt with basic constitutional matters as well as problems of public law and economic law stemming from the nuclear power policy of the federal government. Major points included the amendment to the Atomic Energy Act, interim storage, the redefined objectives of final storage, and problems relating to yardsticks by which to gauge safety, and problems of ensuring safety. Among other subjects, also the relationship between the federal government and the federal states in nuclear regulatory matters as well aspects of power economy and energy policy were debated. (orig.) [de

  7. On the scope of the Federal Government to issue orders in plan approval procedures under para. 9b of the Atomic Energy Act as provided by article 85 section 3 of the Basic Law

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1991-01-01

    Under Paragraph 9b of the Atomic Energy Act the Lower Saxonian Minister of the Environment has the competence for the plan approval procedure concerning the final disposal site Konrad. The plan approval procedure under atomic energy law is a unitary administrative procedure which makes further administrative procedures and administrative decisions superfluous on the strength of its unitary character and without impingement on constitutional law. In conducting the plan approval procedure the Lower Saxonican Minister of the Environment is acting within the framework of Laender administration on behalf of the Federation. To this extent he is subject to the orders of the Federal Minister of the Enviroment under Article 85 Section 3 of The Basic Law with respect to the formation of the procedure and procedural decisions as well as decisions on the merits pending. The concentrating effect of the plan approval procedure under atomic energy law also extends to permits under water law. (orig./HSCH) [de

  8. The End Of History For Corporate Law

    OpenAIRE

    Henry Hansmann; Reinier Kraakman

    2000-01-01

    Despite the apparent divergence in institutions of governance, share ownership, capital markets, and business culture across developed economies, the basic law of the corporate form has already achieved a high degree of uniformity, and continued convergence is likely. A principal reason for convergence is a widespread normative consensus that corporate managers should act exclusively in the economic interests of shareholders, including noncontrolling shareholders. This consensus on a sharehol...

  9. New security and privacy laws require basic changes in professional practice

    Science.gov (United States)

    Sykes, David M.

    2005-09-01

    Everybody knows about HIPAA-but what about GLBA? FIPA? The Patriot Act? Homeland Security? NCLB? FCRA? CASB1? PIPEDA? All of these are recent laws that impact acoustical design. Throw in the American Hospital Association/ASHE and AIA's about-to-be-released ``Guidelines for the Design of Healthcare Facilities'' as well as the redrafting of DCID 6/9 and it looks like time for careful examination of some professional practices relating to security and privacy. Should INCE members join with and endorse the ASA's recently formed Joint TCAA/TCN Subcommittee which aims to fill a policy vacuum in Washington and Ottawa relating to the fundamental protection of citizens' rights to privacy? This group will formulate consistent guidelines to enable federal and state agencies in the US and Canada to enforce and monitor their laws-will their guidelines affect INCE members? Those who advise or give expert testimony to government agencies, defense/security organizations, courts, and large institutions in financial services, healthcare or education likely find themselves in a rapidly shifting landscape and recognize the need to respond with new research and professional practices.

  10. Multilevel governance of global environmental change: perspectives from science, sociology and the law

    National Research Council Canada - National Science Library

    Winter, Gerd

    2006-01-01

    ...-regulation, of horizontal transfer of national policies, of regional integration, and of improved coordination between international environmental organisations, as well as basic principles for sustainable use of resources. Addressing both academics and politicians, this book will stimulate the debate about the means of improving global governance. ...

  11. In the Public Interest: Law, Government, and Media. Maryland Women's History Resource Packet--1986.

    Science.gov (United States)

    Maryland State Commission for Women, Baltimore.

    Designed to be used for National Women's History Week (March 2-8), this 1986 Maryland women's history resource packet centers around Maryland women who have made significant volunteer and career contributions in the areas of government, law, and the public interest media. The packet begins with suggested student activity lists and activity sheets…

  12. Basic conservation laws in the electromagnetic theory of cyclotron radiation: further analysis

    International Nuclear Information System (INIS)

    Lieu, R.; Leahy, D.A.

    1984-01-01

    The conflict of basic conservation laws in cyclotron radiation is considered in more general terms, taking into account relativistic effects of the electron. Also investigated are the effects due to the most important approximation in cyclotron theory, viz the omission of radiation back reaction. The conclusions are (i) the disagreement is of a magnitude considerably larger than any errors introduced by the approximation; (ii) the 'degree of conflict' attains its maximum in relativistic velocities, when the energy loss to radiation can approach the total energy of the electron. (author)

  13. International Law governing the Safe and Peaceful Uses of Nuclear Energy

    International Nuclear Information System (INIS)

    Jankowitsch-Prevor, O.

    2002-01-01

    1. The International Governmental Institutions. History and mandates: IAEA, OECD/NEA, EURATOM. 2. International Treaties and Conventions: The Peaceful Uses of Nuclear Energy: Commitment and Verification (the NPT, Safeguards Agreements with the IAEA, The Additional protocol, Regional Non-proliferation Treaties); the Physical protection of Nuclear Material (Convention on the Physical Protection of Nuclear Material); Civil Liability for Nuclear Damage (Vienna Convention on the Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention, Paris Convention on Civil Liability, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, Convention on Supplementary compensation for Nuclear Damage); In case of Nuclear Accident: Notification and Assistance (Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency); International Law Governing Nuclear Safety (Nuclear Safety Convention, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management). 3. Relationship between International and National Law

  14. Government Expectations and the Role of Law Enforcement in a Biological Incident

    Science.gov (United States)

    2007-03-01

    wholesale opposition and resistance to quarantine orders. During a crisis, the public will likely look to the government, including law enforcement, for...clarity of sight. He described it as leaving him feeling “ helpless - with or without it (the mask)”. Additionally, the majority of officers who were...priority – ensure the safety of their family, whether an adult spouse, a child(ren), or elderly parents. The consensus was that, “I need to make sure they

  15. Basic and substitute supply in the event of customer insolvency. The field between energy law and insolvency law, with due consideration to the unconstitutionality of the basic supply ordinances for electricity and gas; Grund- und Ersatzversorgung in der Insolvenz des Kunden. Das Spannungsfeld von Energie- und Insolvenzrecht unter Beruecksichtigung der Verfassungswidrigkeit der GVV fuer Strom und Gas

    Energy Technology Data Exchange (ETDEWEB)

    Barchewitz, Paul

    2008-07-01

    The author of this publication examines the legal relationships that arise between the parties involved if a customer receiving a basic or substitute energy supply runs into crisis and insolvency. The intent is to describe and assess the interplay between energy law and insolvency law. The author examines how far the obligations of the basic supplier reach in the event of customer insolvency, what means the customer, the (provisional) insolvency administrator and the basic supplier have at their disposal in this situation and how these might assessed from a legal and economic viewpoint. Special emphasis is placed on the partial unconstitutionality of the basic supply ordinances for electricity and gas. These laws should also specify the parties' obligations and rights in the event of insolvency.

  16. German Federal Constitutional Court decision of May 22, 1990. On the right of the Federal Government to issue instructions in the field of commission administration

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    The Federal Constitutional Court discusses questions relating to the distribution of competence in the field of commission administration pursuant to Article 85 of the Basic Law ('Grundgesetz') in connection with a specific licensing procedure under atomic law (Kalkar). Under Art. 85 of the Basic Law executive competence is assigned irrevocably to the individual State, whereas substantive competence is always only assigned to the State insofar as it is not claimed by Federal Government. The decision further reviews questions of: Legal injury through federal instruction pursuant to Article 85 (3) of the Basic Law; a claimable right to the substantively lawful execution of the authority to instruct or even a right to sue for an injunction in the case of an infringement of the Constitution or of a basic right and associated boundary questions; the nedessity of clarity of instructions; and the obligation of Federal Government to act in a manner conducive to the promotion of the interests of the Federation as such. The Court also made it clear that the limits to the influence of the state on the rights of the individual derived from the principle of the Rule of Law do not apply to questions concerning competence in the Federation-State relationship. [Reference: Federal Constitutional Court 2 BvG 1/88, decision of May 22, 1990]. (RST) [de

  17. The law governing power generation and the atomic energy law in Japan, with special regard to the current situation in the energy sector

    International Nuclear Information System (INIS)

    Fujiwara, J.

    1984-01-01

    This contribution characterises Japanese legislation on power generation and supply, goes into detail with regard to the current Atomic Energy Law within the framework of the overall legal concept governing power supply, and presents an outlook on future developments. A table summarizes the main problems in this field. (orig./HSCH) [de

  18. The Obligation to Provide Free Basic Education in South Africa: An International Law Perspective

    Directory of Open Access Journals (Sweden)

    L Arendse

    2011-10-01

    Full Text Available In South Africa many learners are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to provide free primary education. This article examines the exact nature and extent of this obligation by exploring the concept of "free" basic education. The applicable international instruments and their interpretation as well as the significance of the right to education as a central, facilitative right are examined in order to establish the content of the right to basic education and the legal obligations that ensue. Against this background, the implications of the South African Constitutional Court's approach to the realisation of socio-economic rights and the possibility of the establishment of a core minimum obligation are analysed. It is argued that learners in South Africa may come from different socio-economic backgrounds but as learners in the same public school domain and as equal bearers of their constitutional right to basic education all of them are entitled to the same type and quality of free basic education.

  19. Corporate Governance

    Directory of Open Access Journals (Sweden)

    Dragoș-Mihail Daghie

    2011-05-01

    Full Text Available The purpose of this study is to analyze and understand the recently introduced form of managementof a company limited by shares. The Law no. 441/2006, which fundamentally amended Company Law,created this form of controlling the company, the corporate governance, but the legislation does not explicitlydefine what it wants to achieve through this instrument. This topic is recent in research as the theme ofgerman-roman commercial law systems (in French corporate governance system was introduced in 1966 andin Romania in 2006 but in terms of Anglo-Saxon law, the topic has been addressed years since 1776 (AdamSmith: The Wealth of Nations The concept of corporate governance would like, as a result, to establish somerules that companies must comply in order to achieve effective governance, transparent and beneficial forboth shareholders and for the minority. Corporate governance is a key element with an aim at improvingefficiency and economic growth in full accordance with the increase of investors’ confidence. Corporategovernance assumes a series of relationship between the company management, leadership, shareholders andthe other people concerned. Also corporate governance provides for that structure by means of which thecompany’s targets are set out and the means to achieve them and also the manner how to monitor such.

  20. No protection for communal property as to basic law

    International Nuclear Information System (INIS)

    Anon.

    1982-01-01

    The complaint of unconstitutionality deals with two questions: 1. whether the petitioner can refer her objections and her action of voidance against the first partial construction license for the Wyhl power plant to the fact that her property is infringed according to paragraph 14 Abs. 1 GG (basic law) as she would have to expect her plot of land, which is situated at an air distance of 3-4 km and partially used as a winegard, bein encroached upon, 2. whether the preclusion of objections - including a period of one month after having disclosed the licensing papers according to paragraph 3 Abs. 1 of the Atomanlagen-Verordnung from 20th May 1960/ 29th October 1970 - is compatible with the right for effective legal protection according to paragraph 19 subsection 4 sentence 1 of the GG. The German Constitutional Court has rejected the first question, affirmed the second question and discussed the complaint of unconstitutionality as a whole. (orig./HP) [de

  1. No protection for communal property as to basic law

    Energy Technology Data Exchange (ETDEWEB)

    1982-09-01

    The complaint of unconstitutionality deals with two questions: 1. whether the petitioner can refer her objections and her action of voidance against the first partial construction license for the Wyhl power plant to the fact that her property is infringed according to paragraph 14 Abs. 1 GG (basic law) as she would have to expect her plot of land, which is situated at an air distance of 3-4 km and partially used as a winegard, being encroached upon, 2. whether the preclusion of objections - including a period of one month after having disclosed the licensing papers according to paragraph 3 Abs. 1 of the Atomanlagen-Verordnung from 20th May 1960/ 29th October 1970 - is compatible with the right for effective legal protection according to paragraph 19 subsection 4 sentence 1 of the GG. The German Constitutional Court has rejected the first question, affirmed the second question and discussed the complaint of unconstitutionality as a whole.

  2. Corporate Governance in Crisis? The Politics of EU Corporate Governance Regulation

    DEFF Research Database (Denmark)

    Horn, Laura

    2012-01-01

    on the transformation of company law and corporate governance in the last decade. Here, the article illustrates how company law has become increasingly focused on the rights of shareholders, while worker rights have been relegated to the area of social policies and labour law. The study also traces the shift from...... a legislative programme centred on company law harmonisation towards a regulatory approach based on minimum requirements and mutual recognition, increasingly geared at adjusting the governance of corporations to the demands of liberalised capital markets. The second section then reflects on the current...... developments in corporate governance regulation in the context of financial and economic crisis....

  3. Smart governance for smart city

    Science.gov (United States)

    Mutiara, Dewi; Yuniarti, Siti; Pratama, Bambang

    2018-03-01

    Some of the local government in Indonesia claimed they already created a smart city. Mostly the claim based of IT utilization for their governance. In general, a smart city definition is to describe a developed urban area that creates sustainable economic development and high quality of life by excelling in multiple key; economy, mobility, environment, people, living, and government. For public services, the law guarantees good governance by setting the standard for e-government implicitly including for local government or a city. Based on the arguments, this research tries to test the condition of e-government of the Indonesian city in 34 provinces. The purpose is to map e-government condition by measuring indicators of smart government, which are: transparent governance and open data for the public. This research is departing from public information disclosure law and to correspond with the existence law. By examining government transparency, the output of the research can be used to measure the effectiveness of public information disclosure law and to determine the condition of e-government in local government in which as part of a smart city.

  4. Unification of Patrimonial Laws Governing International Trade

    DEFF Research Database (Denmark)

    Lando, Ole

    2016-01-01

    Should the laws of the world dealing with cross-border transactions be unified? Such unification presupposes an agreement on what we understand by ‘law’ and what its sources are. The drafters of uniform laws and lawyers who are preoccupied with comparative law often ask themselves: Is there, among...... the nations, a common core of legal values? If there is, this will facilitate legal unification. It will also make the international law-making easier if, in exceptional cases, a court is permitted to disregard a legal rule....

  5. European contract law and the capabilities approach: on distributive responsibility for contract law

    NARCIS (Netherlands)

    Tjon Soei Len, L.; Weidtmann, N.; Hölzchen, Y.M.; Hawa, B.

    2012-01-01

    This paper argues that the normative requirements of Nussbaum’s capabilities approach extend to contract law (and private law more broadly). Contract law is part of a society’s basic structure, i.e. the responsibility bearing structure that is to secure and enhance individuals’ basic capabilities.

  6. OPTIMALISASI BANK SYARI’AH MENUJU GOOD CORPORATE GOVERNANCE

    Directory of Open Access Journals (Sweden)

    Fahrur Ulum Fahrur Ulum

    2013-08-01

    Full Text Available Abstract: Syarî’ah banking must be optimized earnestly to fulfill the stakeholders interest. The effective implementation of cooporate governance would realize the goal of fairness, accountability, and transparancy.  There are several prior focus of this system manager: basic concept and problems of cooperate governance in syarî’ah banking, the pillars of implementation, and the mechanism.  As a result, to create an effective  cooperate governance of syariah banking, the following aspects must be urgently required: a contract clarity, market discipline, moral dimension, socio-political atmosphere,  law enforcement, and institution. Board of directors, senior management, stockholders, and depositors have important roles to establish the  harmony of syariah banking development. The stakeholders  are directly connected to the mechanism of cooperate governance of syariah banking. Key Words: corporate governance, bank syari’ah, stakeholders, dan mudlârabah

  7. Contract law as fairness

    NARCIS (Netherlands)

    Klijnsma, J.

    2015-01-01

    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is

  8. Law and justice in Post-Soviet Russia: Strategies of constitutional modernization

    Directory of Open Access Journals (Sweden)

    Andrei N. Medushevsky

    2012-07-01

    Full Text Available The relationships between notions of law and justice – the central argument in political debates of transition periods. The law is defined in contemporary political science as a special form of social organization which represents itself as a value, norm and fact. The complex interpretation of law as a multidimensional phenomenon is possible only if these three competing parameters are taken into consideration. Another side of the problem is the definition of justice as an ideal, norm or historical tradition. Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law. The establishment of a new constitutional order is simultaneously the result and the main premise of this transformation. At the focus of our approach is the comparison between conservative, liberal and pragmatic strategies of legal and constitutional transformation.

  9. The Regulation of Acid Mine Drainage in South Africa: Law and Governance Perspectives

    Directory of Open Access Journals (Sweden)

    Loretta Feris

    2014-12-01

    Full Text Available Acid mine drainage (AMD is arguably one of the most serious environmental concerns in South Africa. AMD is a legacy left behind by abandoned, derelict and defunct mines, and is a continuing by-product of existing mining activities. In addition to its environmental impacts, AMD will also impact on all the parameters of sustainability, including ecological, social and economic concerns. In particular, AMD is set to affect infrastructure, displace people and affect their livelihoods, influence economic activity, impact on the resource extraction industry, and affect South Africa's policies and actions in relation to climate change and its efforts to move towards a low carbon economy; and it will test the efficiency of regulatory interventions emanating from both the private and the public sector to the extreme. Given these pervasive challenges, in this article we provide a survey of the AMD problem in South Africa through the law and governance lens. We commence by highlighting the various issues and challenges that result from AMD in the environmental context on the one hand, and the law and governance context on the other hand. We then describe the many provisions of the regulatory framework that we believe would be instrumental in responding to the threat. We conclude the article with brief remarks on what we believe are important considerations in the future regulation of AMD.

  10. GOOD GOVERNANCE AND TRANSFORMATION

    Directory of Open Access Journals (Sweden)

    Hans-Jürgen WAGENER

    2005-12-01

    Full Text Available Transformation of a totalitarian, basically administratively coordinated system into a democratic one that is coordinated predominantly by markets and competition has been triggered by, among others, the perception of a serious deficit in welfare and happiness. Public policy has a special task transforming the economic order by liberalisation, privatisation, stabilisation and the installation of institutions that are supportive for competition. After 15 years since transformation began, there are sufficiently differentiated success stories to test the hypothesis: it was good governance that is responsible for success and bad governance for failure. The empirical results support the “Lorenzetti hypothesis”: where freedom, security and trust prevail, the economy flourishes, where they are lacking, the costs of long-term investment are too high. The initial conditions of transition countries seem to be quite similar, nevertheless, even there one can discern good and bad governance. The extent of socialist lawfulness, planning security, cronyism and corruption differed widely between East Berlin and Tashkent. And a good deal of such variations can be found in the pre-socialist history of these countries. However, the main conclusion is that the co-evolution hypothesis states that both, welfare and good governance, go together.

  11. The role of law and governance reform in the global response to non-communicable diseases.

    Science.gov (United States)

    Magnusson, Roger S; Patterson, David

    2014-06-05

    Addressing non-communicable diseases ("NCDs") and their risk-factors is one of the most powerful ways of improving longevity and healthy life expectancy for the foreseeable future - especially in low- and middle-income countries. This paper reviews the role of law and governance reform in that process. We highlight the need for a comprehensive approach that is grounded in the right to health and addresses three aspects: preventing NCDs and their risk factors, improving access to NCD treatments, and addressing the social impacts of illness. We highlight some of the major impediments to the passage and implementation of laws for the prevention and control of NCDs, and identify important practical steps that governments can take as they consider legal and governance reforms at country level.We review the emerging global architecture for NCDs, and emphasise the need for governance structures to harness the energy of civil society organisations and to create a global movement that influences the policy agenda at the country level. We also argue that the global monitoring framework would be more effective if it included key legal and policy indicators. The paper identifies priorities for technical legal assistance in implementing the WHO Global Action Plan for the Prevention and Control of NCDs 2013-2020. These include high-quality legal resources to assist countries to evaluate reform options, investment in legal capacity building, and global leadership to respond to the likely increase in requests by countries for technical legal assistance. We urge development agencies and other funders to recognise the need for development assistance in these areas. Throughout the paper, we point to global experience in dealing with HIV and draw out some relevant lessons for NCDs.

  12. Limitation of Liability and Governing Law for Accidents Occurring before Issuance of Bill of Lading

    Directory of Open Access Journals (Sweden)

    Jung Sun Lee

    2018-03-01

    Full Text Available The purpose of this study is to verify the carrier's liability limitation through analyzing two cases. According to the court judgments in the two cases, if the accident occurs during the shipment without issuance of Bill of Lading (B/L, the reverse-side clause of B/L does not apply to the calculation of damage, and the law of the country most closely related to both parties is set as the governing law. The absence of a timely B/L often occurs in transport practice due to the complicated nature of transport practice. So, through analyzing the court judgments in the two cases, this study recommends that transport parties take precautions. First, in order to reduce and settle disputes arising from the absence of evidence of transportation contracts, it is necessary to issue a received B/L bearing in mind the risk of accidents occurring during the shipment process. Second, the use of a Sea Waybill (SWB which can be issued after the receipt of a cargo shipment, can be an alternative, except when a Letter of Credit (L/C requires a B/L. Finally, expanding the function of the Commercial Invoice (C/I to allow it to serve as evidence of the contract of carriage by inserting the contract of carriage phrase into the C/I when the B/L is not issued could be an alternative. Keywords: Limitation of Liability of Carrier, Governing Law, Bill of Lading

  13. Copyright Law Basics for the Nursing Professional: Part 1: Using the Work of Others.

    Science.gov (United States)

    LaVelle, Meghan B; LaVelle, Beth Elchek; Port, Kenneth L; Sherlock, Jacob T

    2015-01-01

    This article covers the basics of Copyright Law as applicable to the use of protected resources and the sharing of information by nurse professionals. It explores frequently cited justifications for copyright violation, including the doctrine of Fair Use and the Technology and Copyright Harmonization Act. It also discusses why those justifications may or may not apply to the nurse professional who teaches in a clinical setting or at a conference.(See CE Video, Supplemental Digital Content 1, http://links.lww.com/JNPD/A2).

  14. The Effect of International Trade on Rule of Law

    Directory of Open Access Journals (Sweden)

    Junsok Yang

    2013-03-01

    Full Text Available In this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and importsIn this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and imports as percentage of GDP, international trade and basic human rights seem to have little relationship; but trade has a close positive relationship with strong order and security. Somewhat surprisingly, regulatory transparency and effective implementation seems to have little or no effect on international trade and vice versa. International trade shows a clear positive relationship with the country’s criminal justice system, but the relationship with the civil justice system is not as clear as such. For regulatory implementation and civil justice, services trade positively affect these institutions, but these institutions in turn affect exports more strongly than services trade. Finally, the effect of trade on rule of law is stronger on a medium to long term (10-20 year time horizon.

  15. Law-Based Ontology for E-Government Services Construction - Case Study: The Specification of Services in Relationship with the Venture Creation in Switzerland

    Science.gov (United States)

    Khadraoui, Abdelaziz; Opprecht, Wanda; Léonard, Michel; Aïdonidis, Christine

    The compliance of e-government services with legal aspects is a crucial issue for administrations. This issue becomes more difficult with the fast-evolving dynamics of laws. This chapter presents our approach to describe and establish the link between e-government services and legal sources. This link is established by an ontology called “law-based ontology.” We use this ontology as means to define and to construct e-government services. The proposed approach is illustrated with one case study: the specification of services in relationship with the venture ­creation in Switzerland and in the State of Geneva. We have selected the Commercial Register area which mainly encompasses the registration of a new company and the modification of its registration.

  16. Introductory Guide to European Corporate Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex

    Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law.......Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law....

  17. Water, Resilience and the Law: From General Concepts and Governance Design Principles to Actionable Mechanisms

    Science.gov (United States)

    Hill Clarvis, M.; Allan, A.; Hannah, D. M.

    2013-12-01

    Climate change has significant ramifications for water law and governance, yet, there is strong evidence that legal regulations have often failed to protect environments or promote sustainable development. Scholars have increasingly suggested that the preservation and restoration paradigms of legislation and regulation are no longer adequate for climate change related challenges in complex and cross-scale social-ecological systems. This is namely due to past assumptions of stationarity, uniformitarianism and the perception of ecosystem change as predictable and reversible. This paper reviews the literature on law and resilience and then presents and discusses a set of practical examples of legal mechanisms from the water resources management sector, identified according to a set of guiding principles from the literature on adaptive capacity, adaptive governance as well as adaptive and integrated water resources management. It then assesses the aptness of these different measures according to scientific evidence of increased uncertainty and changing ecological baselines. A review of the best practice examples demonstrates that there are a number of best practice examples attempting to integrate adaptive elements of flexibility, iterativity, connectivity and subsidiarity into a variety of legislative mechanisms, suggesting that there is not as significant a tension between resilience and the law as many scholars have suggested. However, while many of the mechanisms may indeed be suitable for addressing challenges relating to current levels of change and uncertainty, analysis across a broader range of uncertainty highlights challenges relating to more irreversible changes associated with greater levels of warming. Furthermore the paper identifies a set of pre-requisites that are fundamental to the successful implementation of such mechanisms, namely monitoring and data sharing, financial and technical capacity, particularly in nations that are most at risk with the

  18. Internal and international commercial arbitration as a private form of law enforcement

    Directory of Open Access Journals (Sweden)

    Sergey Kurochkin

    2017-01-01

    Full Text Available УДК 347.918The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.The purpose of the article is to provide a comprehensive analysis of internal and international commercial arbitration as a peculiar form of private law enforcement, as well as to present a doctrinal description of the arbitration’s role in law enforcement system and its managerial impact mechanism.Methodology. Research of general functions of law enforcement in social governance. Essential features of arbitration and basic foundations of civil litigation also have been compared.The results and the scope of its application. The results are both doctrinal and practical. Domestic and international commercial arbitration can be considered as a peculiar form of managerial impact, as a subsystem of civil justice subordinated to general patterns of the social governance. Arbitration is a special, private on its origin, form of managerial impact, whereas arbitration tribunal is an independent nongovernmental element of the social governance system. Despite the fact of its private origin arbitration is in full measure a law enforcement activity. Theoretical comparison of arbitration’s substance with civil litigation became a convincing proof of the existence of public elements in a private segment of civil justice system.Conclusions. Application of law by arbitration tribunals, both domestic and international, has the imperious character. Arbitration is a legal activity, private on its origin and to a great extent public by its essence. It embraces the expansion of general legal directions on individual social relationships by means of making arbitral awards which are law enforcement acts of individual character.

  19. DOES THE RELATIONSHIP BETWEEN GOVERNMENT EXPENDITURE AND ECONOMIC GROWTH FOLLOW WAGNER’S LAW IN NIGERIA?

    Directory of Open Access Journals (Sweden)

    CLEMENT A.U. IGHODARO

    2010-01-01

    Full Text Available While previous studies to test Wagner’s hypothesis for Nigeria usedtotal government expenditure, this paper in addition to total government expenditure used adisaggregated government expenditure data from 1961 - 2007, specifically; expenditure ongeneral administration and that of community and social services to determine the specificgovernment expenditure that economic growth may have significant impact on. Economicconditions and policies change implying that it is not only economic growth that can affectgovernment expenditure hence the inclusion of other fiscal policy variable and politicalfreedom to augment the functional form of Wagner’s law. All the variables used were found tobe I(1 and long run relationship exist between the dependent and the independent variablesexcept in the case where only GDP was used as the independent variable. Wagner’s hypothesisdoes not hold in all the estimations rather Keynesian hypothesis was validated in all theestimation. Elasticity estimates and Granger causality results are in agreement.

  20. Liability and damages in Japanese nuclear law

    International Nuclear Information System (INIS)

    Hoshino, E.

    1981-01-01

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

  1. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  2. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

  3. Critiquing the Transatlantic Trade and Investment Partnership (TTIP) : Systemic Consequences for Global Governance and the Rule of Law

    NARCIS (Netherlands)

    Larik, J.E.

    2016-01-01

    Considering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article addresses some of the most pertinent systemic consequences TTIP is likely to produce, based on the

  4. ByLaws for the Governance of the Sandia National Laboratories Sandia Postdoctoral Development (SPD) Association.

    Energy Technology Data Exchange (ETDEWEB)

    McBride, Amber Alane Fisher; McBride, Amber Alane Fisher; Rodgers, Theron; Dong, Wen; Juan, Pierre-Alexandre; Barkholtz, Heather; Alley, William Morgan; Wolk, Benjamin Matthew; Vane, Zachary Phillips; Priye, Aashish; Ball, Cameron Scott

    2017-03-01

    The purpose of this document is to define the rules of governance for the Sandia Postdoctoral Development (SPD) Association. This includes election procedures for filling vacancies on the SPD board, an all-purpose voting procedure, and definitions for the roles and responsibilities of each SPD board member. The voting procedures can also be used to amend the by-laws, as well as to create, dissolve, or consolidate vacant SPD board positions.

  5. A Systematic Evaluation of State Laws Governing Optometric Glaucoma Management in the United States Upto 2015.

    Science.gov (United States)

    Chodnicki, Kevin; Kalarn, Sachin; Quinn, Laura; Jampel, Henry; Saeedi, Osamah

    2018-03-01

    To describe state laws that govern the optometric practice of glaucoma management in the United States and to correlate those laws with state demographics upto 2015. We performed a cross-sectional ecological study of the 50 United States and the District of Columbia. Regulations governing optometric scope of practice as written by each state Board of Optometry were reviewed. Specific optometric privileges assessed included: ability to manage glaucoma independently, use of diagnostic pharmaceutical agents, use of therapeutic pharmaceutical agents (including topical and oral steroids and other oral pharmaceutical agents), IV injections, intraocular injections, therapeutic lasers, presence of defined referral, and comanagement guidelines, and hours of yearly continuing education needed for glaucoma management. Optometric privilege was compared with demographic and employment information for each state. Optometrists in all states, except for Massachusetts, and the District of Columbia are allowed to manage glaucoma; 16 states have defined comanagement guidelines. Therapeutic lasers are allowed in 3 states: Kentucky, Louisiana, and Oklahoma. States with defined comanagement guidelines had a mean of 6.9±1.9 ophthalmologists per 100,000 people, significantly more than the 5.3±1.1 in states without defined comanagement of glaucoma (Pstate, the less likely there is to be defined comanagement [β (SE)=-0.008 (0.003), P=0.02] and the greater the number of ophthalmologists in a given state, the more likely a state has defined comanagement [β (SE)=-0.13 (0.006)]. There is a diversity of regulations that govern optometric management of glaucoma in each of the 50 states and the District of Columbia. The number of optometrists and ophthalmologists in a state may influence state regulations governing optometric practice and referral guidelines.

  6. 'Better justice?' or 'shambolic justice?': Governments' use of information technology for access to law and justice, and the impact on regional and rural legal practitioners

    Directory of Open Access Journals (Sweden)

    Caroline Hart

    2017-04-01

    Full Text Available This paper reports the results of a study on whether government use of information technology potentially compromises access to law and justice by Queensland regional and rural (RR legal practitioners. The paper describes current approaches to the use of information technology by state and federal governments, and provides an insight into the challenges and opportunities identified by individual RR legal practitioners, policy-makers and the judiciary on the use of such technology. The paper makes recommendations to promote increased access to law and justice for RR legal practitioners when using government information technology.

  7. The reform of the italian regionalism and the impact on the government of the energy

    International Nuclear Information System (INIS)

    Spagnolo, Marcella

    2006-01-01

    The actual distribution of powers about energy is more discussed after the reform of the art. 117 of the constitution. In front of a contradiction in terms, the government is been obliged to take some emergency solutions, that are witnessed by the reiterated petition to the urgent decree. It was a question of some measures justified, about the matter, from several points of view but they risked cracking seriously the relation between state and regions. The system of energy has naturally and objectively a national configuration and so people demand how the decentralization politics of the competencies has to be interpreted, that was introduced by the reform of title 5. of the constitution. The art. 117 of the Constitution implies the energy among the subjects of competing law, and let the State to determinate the basic principles, in order to ensure the basic homogeneity of the subject. The limits of such regional power are: 1) the limit of national interest (disappeared from the literal diction of the art. 117, but there are debates above its survival; 2) the basic principles role; 3) the normative settlement and the admissibility of 'accomodating' state detail norms in the subordinate matters to the competing legislative power. Even if in the Constitutional text does not exist any longer national interest just like a 'passe-par tout' to limit and coerce the regional interventions, this does not mean that national interest are disappeared: national interest has one of its substantial variability and only the State can be its interpreter, as only representative of the joint republican interest. The Consulta has recently asserted that if on one hand the Constitution has moved the centre of the legislative power in aid of the districts, on the other has strengthened the role and the importance of the basic principles; at least, it has done it for the subjects of competing law. In fact, someone confirmed that the principles may be deducible without an explicit

  8. On the constitutive laws of 1-D, two-fluid, two-phase flow models: possible mathematical forms, restrictions resulting from basic principles

    International Nuclear Information System (INIS)

    Boure, J.A.

    1981-01-01

    From both the theoretical and the practical points of view, the problem of constitutive laws is part and parcel of the modeling problem. In particular, the necessity to restore in the model, through topological laws, some of the information lost during the usual averaging process is emphasized. A new void fraction topological law is proposed. The limitations of the current assumption of uniform pressure within each phase in any cross section are also illustrated. The importance of proximity effects (neighborhood and history effects, related to characteristic lengths and times) is brought out. It results in the importance of the mathematical form of the constitutive laws. Possible mathematical forms for the transfer laws are reviewed. The last part of the paper is devoted to some restrictions, which are imposed on the transfer terms because of some basic principles: Indifference to Galilean changes of frame and to some changes of origins, second law of thermodynamics and hypothesis of local thermodynamic equilibrium, closure constraints. Practical recommendations are formulated

  9. The role of international institutions in the formation of international bioethical law: UNESCO and the United Nations General Assembly attempt to govern human cloning.

    Science.gov (United States)

    Kuppuswamy, Chamundeeswari

    2007-01-01

    This article analyses the international governance of human reproductive cloning. Noting that bioethics is a new field of engagement for international lawyers, it recounts some of the institutional developments in bioethical law making. The role of UNESCO and the United Nations General Assembly is scrutinized and the author discusses the relative merits of the institutions' governance of human reproductive cloning. The author suggests that some international institutions and mechanisms are better suited than others for bioethical law making. The 2005 General Assembly resolution on human cloning is analysed in this context.

  10. Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

    Directory of Open Access Journals (Sweden)

    Yeni Salma Barlinti

    2011-01-01

    Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

  11. Business, Government, and Law on the Internet. A Hands-On Second Edition. Workshop. Internet Workshop Series Number 3.

    Science.gov (United States)

    Peete, Gary R.

    This "workshop-in-a-book" is a much-expanded second edition designed for the businessperson, legal researcher, information specialist, consumer, student, or scholar wanting to discover information in three overlapping areas: business, government, and law. The book is divided into two modules: (1) "The World Wide Web: Your Entree to…

  12. 41 CFR 301-70.600 - What governing policies and procedures must we establish related to threatened law enforcement...

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 4 2010-07-01 2010-07-01 false What governing policies and procedures must we establish related to threatened law enforcement/investigative employees? 301-70.600 Section 301-70.600 Public Contracts and Property Management Federal Travel Regulation System TEMPORARY DUTY (TDY) TRAVEL ALLOWANCES AGENCY...

  13. GPRA (Government Performance and Results Act) and research evaluation for basic science

    International Nuclear Information System (INIS)

    Takahashi, Shoji

    2002-08-01

    The purpose of the Government Performance and Results Act of 1993 (GPRA) is to ask federal agencies for evaluating their program performance especially from cost-efficiency aspect and to report to Congress. GPRA is to hold agencies accountable for their programs by requiring that they think strategically (in most cases every 5 years) and set, measure and report goals annually. The agencies which have responsibilities for enhancing basic science like Department of Energy (DOE) and National Science Fund (NSF) are not excluded by reasons of the difficulties of economic evaluations. In Japan, based on 'the Rationalization program for the public corporations' of 2001, the research developing type corporations should make a cost-performance evaluation in addition to the conventional ones. They have same theme as US agencies struggles. The purpose of this report is to get some hints for this theme by surveying GPRA reports of DOE and NSF and analyzing related information. At present, I have to conclude although everybody accepts the necessities of socio-economic evaluations and investment criteria for basic research, studies and discussions about ways and means are still continuing even in the US. (author)

  14. RELATION BETWEEN BASIC PHYSICAL CAPABILITIES AND THE THEORETIC KNOWLEDGE LAWS OF THE GAME WITH THE SUCCESS OF REFREEING OF FOOTBALL REFEREES

    Directory of Open Access Journals (Sweden)

    Rusmir Mrković

    2011-03-01

    Full Text Available The aim of this research is to establish a relation in-between the basic physical capabilities and the theoretic knowledge laws of the game with the success in refereeing of football referees of the Sarajevo Canton. The population from which samples were taken are football referees of the Sarajevo Canton, 90 of them, age span from 18- 45 years of age and who have met the criteria for getting a license to be referees in football matches in the next season at all levels of competition in Bosnia and Herzegovina. The sample of variables in this research covers areas of basic motorics (18, theoretic knowledge laws of the games (17 and the estimate of success in refereeing in football games (7 variables. The results of the final analysis show that the whole system of variables which in this research represent basic physical capabilities and the knowledge Laws of the game by the football referees of the Sarajevo Canton has a statistical connection with the system of variables which in this research makes the success of refereeing of football referees. Since football is an activity that has almost the most complexity (referees are a part of football, we can say that the selected system of variables has a relatively good connection for success and that these variables are very important in order for one referee to perform his task as good as possible at one match.. Of course during the training process attention should be given on the development of all basic physical capabilities, and not only one dimension of the physical area because in general we have to be physically and cognitively be present in order to finish the game at a high rhythm but making mistakes the least as possible

  15. The influence of corporate governance on project governance

    OpenAIRE

    Gonda, Pavel

    2011-01-01

    This work identifies the interaction between corporate governance and project management in project governance. It begins with introduction of basics of corporate governance and various principles of corporate governance in chosen countries and organizations. Further it introduces theoretical background of project governance and its connection and to corporate governance. In practical part work analyzes the level of compliancy with Swiss codex of best praxis in chosen company. The results con...

  16. Outlines of environmental Law

    International Nuclear Information System (INIS)

    Salzwedel, J.

    1982-01-01

    In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de

  17. Global Green Governance: Embedding the Green Economy in a Global Green and Equitable Rule of Law Polity

    NARCIS (Netherlands)

    Gupta, J.; Sanchez, N.

    2012-01-01

    The global community is crossing planetary boundaries while it has not yet met the basic needs of at least one-third of the global population. Although governance systems are developing, they are still unable to adequately deal with current global environmental problems. This article assesses global

  18. IMPLEMENTATION OF TRADE LAWS: IMPLICATIONS IN THE PRICE CONTROL POLICY OF COMMUNITY NEEDS

    Directory of Open Access Journals (Sweden)

    Engkus Engkus

    2018-01-01

    Full Text Available [Implementation Of Trade Laws: Implications In The Price Control Policy Of Community Needs] Issuing the act no 7 year 2014 about tade, Indonesia has new hope to design the obscene of social basic requirements were going on all this time. The main problem in the research that “increasing and decreasing pricefluctuatively” has became repeatedly in Ramadhan. It has been caused by some factors: Unbalancing Supply and demand not done optimally yet. The aim of the research to collect data, facta and problems analyses them and directly or indirectlywe want to know and increase for academic nuance as theorital, also who want to know about them deeply. The research is qualitative research, using the technical of theresearch are observation, interview, documental history and documental audio visual. The results of research, before, at the moment, after Ramadhan, the price of social basic requirements still increasely and fluctuatively. Government intervention, by short term policy not touched social basic requirements continously yet. So piling them were not clearness of official. Raring supply, increasing demand, It has been caused by social increasing consumption, Finally high increasing price. Conclusion: The price control social basic requirements policy, complately by redesign comprehensive, transparancy, participative and continuosly policy, from central government to local government towards nation autonomy in food. Keywords: Increasing Price, clearness of official, Control.

  19. Law 20-30: Teacher Resource Manual.

    Science.gov (United States)

    King, John; Jackson, Landis

    Law 20, in the Alberta (Canada) educational system, is an introductory course with three core modules: (1) "Nature of Law and Civil Law System," (2) "Contract Law," and (3) "Family Law." Law 30 consists of (1) "Basic Rights and Responsibilities," (2) "Labour Law," and (3) "Property Law."…

  20. Government expenditure and economic growth nexus: Wagner's law ...

    African Journals Online (AJOL)

    The Granger causality test was performed within vector error correction model and the results revealed strong support for both Wagner's law and Keynesian hypothesis when ... Wagner's law was only supported in one instance where causality runs from economic growth to development expenditure from domestic sources.

  1. UNCLOS and International Law

    DEFF Research Database (Denmark)

    Martinez Romera, Beatriz; Coelho, Nelson F.

    2018-01-01

    , treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding...... the relative role of this treaty among other sources of international law....

  2. Good Governance in Public Procurement: A South African Case Study

    Directory of Open Access Journals (Sweden)

    R Roos

    2008-08-01

    Full Text Available In this article good governance in public procurement, with particular reference to accountability is discussed. The principle of providing adequate remedies in public procurement is put under the spotlight. This is done with reference to the decision in Steenkamp NO v Provincial Tender Board, Eastern Cape. In this case the Constitutional Court had to consider whether an initially successful tenderer could lodge a delictual claim for damages to compensate for expenses incurred after conclusion of a contract, which was subsequently rendered void on an application for review of the tender award. The applicable principles of good governance and the applicable provisions of the UNCITRAL Model Law on Public Procurement and the WTO plurilateral Government Procurement Agreement are analysed. This is done to enable an evaluation of the decision by the Constitutional Court in the above case. It is concluded that the South African public procurement system does in this instance comply with the basic principles of good governance with regard to accountability.

  3. Balancing stability and flexibility in adaptive governance: An analysis of tools available in U.S. environmental law

    Science.gov (United States)

    Kundis Craig, Robin; Garmestani, Ahjond S.; Allen, Craig R.; Arnold, Craig Anthony (Tony); Birge, Hannah E.; DeCaro, Daniel A.; Fremier, Alexander K.; Gosnell, Hannah; Schlager, Edella

    2017-01-01

    Adaptive governance must work “on the ground,” that is, it must operate through structures and procedures that the people it governs perceive to be legitimate and fair, as well as incorporating processes and substantive goals that are effective in allowing social-ecological systems (SESs) to adapt to climate change and other impacts. To address the continuing and accelerating alterations that climate change is bringing to SESs, adaptive governance generally will require more flexibility than prior governance institutions have often allowed. However, to function as good governance, adaptive governance must pay real attention to the problem of how to balance this increased need for flexibility with continuing governance stability so that it can foster adaptation to change without being perceived or experienced as perpetually destabilizing, disruptive, and unfair. Flexibility and stability serve different purposes in governance, and a variety of tools exist to strike different balances between them while still preserving the governance institution’s legitimacy among the people governed. After reviewing those purposes and the implications of climate change for environmental governance, we examine psychological insights into the structuring of adaptive governance and the variety of legal tools available to incorporate those insights into adaptive governance regimes. Because the substantive goals of governance systems will differ among specific systems, we do not purport to comment on what the normative or substantive goals of law should be. Instead, we conclude that attention to process and procedure (including participation), as well as increased use of substantive standards (instead of rules), may allow an increased level of substantive flexibility to operate with legitimacy and fairness, providing the requisite levels of psychological, social, and economic stability needed for communities to adapt successfully to the Anthropocene.

  4. Balancing stability and flexibility in adaptive governance: an analysis of tools available in U.S. environmental law

    Directory of Open Access Journals (Sweden)

    Robin Kundis. Craig

    2017-06-01

    Full Text Available Adaptive governance must work "on the ground," that is, it must operate through structures and procedures that the people it governs perceive to be legitimate and fair, as well as incorporating processes and substantive goals that are effective in allowing social-ecological systems (SESs to adapt to climate change and other impacts. To address the continuing and accelerating alterations that climate change is bringing to SESs, adaptive governance generally will require more flexibility than prior governance institutions have often allowed. However, to function as good governance, adaptive governance must pay real attention to the problem of how to balance this increased need for flexibility with continuing governance stability so that it can foster adaptation to change without being perceived or experienced as perpetually destabilizing, disruptive, and unfair. Flexibility and stability serve different purposes in governance, and a variety of tools exist to strike different balances between them while still preserving the governance institution's legitimacy among the people governed. After reviewing those purposes and the implications of climate change for environmental governance, we examine psychological insights into the structuring of adaptive governance and the variety of legal tools available to incorporate those insights into adaptive governance regimes. Because the substantive goals of governance systems will differ among specific systems, we do not purport to comment on what the normative or substantive goals of law should be. Instead, we conclude that attention to process and procedure (including participation, as well as increased use of substantive standards (instead of rules, may allow an increased level of substantive flexibility to operate with legitimacy and fairness, providing the requisite levels of psychological, social, and economic stability needed for communities to adapt successfully to the Anthropocene.

  5. 12 CFR 987.2 - Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States...

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks; rights of any Person against Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks. 987.2 Section 987.2 Banks and Banking FEDERAL HOUSING FINANCE...

  6. The Relationship Between Levels of Education and Perception of Democratic Governance Among Nigerian School Leavers

    Directory of Open Access Journals (Sweden)

    Adesoji A. ONI

    2006-01-01

    Full Text Available The study investigated the views and perception of school leavers about the democratic government in Nigeria. A self-designed questionnaire was used for collection of their views. The participants of the study comprised 500 school leavers selected across different working places in the six states of Southwest Nigeria. Results clearly revealed that majority of the respondents are not satisfied with the current performance of the present democratic Government in Nigeria. Most of the respondents suggested participation of everyone in the act of governance that favor rule of law, equality, and freedom and that this should be adopted by the government. The researcher therefore recommended a democratic system of government that will incorporate all the basic principles of democracy into the system of government, while marginalization and neglect of the poor, women, youth, and rural dwellers should be avoided.

  7. Fragmented International Governance of Arctic Offshore Oil : Governance Challenges and Institutional Improvement

    NARCIS (Netherlands)

    Humrich, Christoph

    The governance architecture in the Arctic region is subject to broad public and academic debate. Existing governance arrangements are not considered sufficient to minimize risks and impacts from Arctic offshore oil activities. These governance arrangements are fragmented between law of the sea

  8. Nuclear energy as reflected in Constitutional Law

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1981-01-01

    The author analyses the Federal Constitutional Court's decision on the Kalkar and Muehlheim-Kaerlich reactors with regard to its content relating to the Atomic Energy Law. He examines the Atomic Energy Law within the system in which power is shared: The legal provisio of the Atomic Energy Law, the application of undetermined legal terms, the involvement of extra-legislative bodies, the statements made on residual risks. He discusses the statutory obligation of the legislator to protect, and the protection of basic rights by means of participation in procedures, the effecting of basic rights protection by means of participation in procedures, the translation into action of basic rights protection by means of participation in procedures and the interpretation of the elementary (simple) Atomic Law by the Federal Constitutional Court with regard to the interpreation and application of the Atomic Energy Law in conformity with the Basic Law. Finally, he gives his opinion on the practical consequences the decision will have, and on its binding effects for current and future licensing procedures. (HSCH) [de

  9. Incorporate Social Network Services in E-Government Solutions: The Case of Macedonia

    OpenAIRE

    Koste Budinoski; Vladimir Trajkovik

    2012-01-01

    This paper presents the state of e-Government sophistication in R. Macedonia. The survey is done using the 20 basic public e- services. A survey result showed that further progress will need to be made on two – way interaction. Social networks are seen as convenient mean for introducing two – way interaction, social capital, transparency, anti-corruption, democracy, law enforcement, and mainly trust and citizen inclusion and empowerment. We explored the potential impacts of social media in e-...

  10. Technological progress and the Basic Law: Peaceful uses of nuclear energy

    International Nuclear Information System (INIS)

    Degenhart, C.

    1983-01-01

    The author explains that whereas the arguments put forward against the use of nuclear energy are largely based on our Basic Law, the opposite view, namely reasons speaking in favour of the peaceful use of nuclear energy, so far have not been given a comparably good footing of legitimation on constitutional grounds. He than proceeds in asking whether and how it is possible to find good reasons in our constitution to faster the peaceful use of nuclear energy, what effect this might have, and whether this is desirable for practical licensing work in accordance with the Atomic Energy Act. This question is important as problems of a general nature are currently discussed and decided within the framework of licensing procedures involving individual nuclear installations. As examples the author discusses the problem of determining the seriousness and type of risks on the basis of the constitution, or a general licence for certain types of industrial plants, the fundamental problem of waste management, but also questions of procedure or competence. (orig./HP) [de

  11. Jurisdictional basics governing the commercial arbitration in Iran

    Directory of Open Access Journals (Sweden)

    Tahmineh Rahmani

    2016-06-01

    Full Text Available With the birth and growth of the arbitration phenomena in recent decades, establishment of Court of Arbitration in the form of International Commercial Arbitration Law, international treaties and domestic independent and particular laws by countries, the increasing tendency of traders and businesses to resolve problems through this body gradually leads to excellence of the position of this body and typically coercion and obligation of officials and supporters of this entity to modify or supplement the former rules or ratify new and progressive legislation with broader discretionary limits for arbitrators, so that the establishment and ratification of regulations in form of conventions with membership of many countries has been the result of meeting will of politicians with fortune and tendency of businessmen, merchants and etc. If there is alleged invalidity of the contract, Limits and scope of arbitration referee. This issue calls “competence-competence” principle and we seek to investigate whether the possibility of accepting the competence to judge. It means making decision about competence of referee. Competency of arbitration board is inherent and it is created by law and it is separate from competency of public arbitration. Arbitration ritual theory is differences as a separate method of dispute resolution in international commercial transactions. However, Consistent with the dominance of the national authority on private equity, the entity is located at the foot of the rights of nature into the public law; although, private perspective is dominance.

  12. Chernobyl versus Basic Law

    Energy Technology Data Exchange (ETDEWEB)

    Sauer, G W

    1986-01-01

    The author discusses the terms 'remaining risk to be accepted' and 'remainder of the aggregate risk', and explains the line of action to be adopted in compliance with the Constitution in order to respond to the event at Chernobyl: The Constitution demands maximum acceptable limits to be defined as low as possible. The author discusses the various dose estimations and the contradictions to be observed in this context. He states that the Chernobyl accident has done most harm to our legal system, as the basic right of freedom from injury has been ploughed under with the radioactivity that covered the soil after the Chernobyl accident. But, he says, a positive effect is that the idea of abandoning nuclear power as too dangerous a technology has gained more widespread acceptance. (HSCH).

  13. Chernobyl versus Basic Law?

    International Nuclear Information System (INIS)

    Sauer, G.W.

    1986-01-01

    The author discusses the terms 'remaining risk to be accepted' and 'remainder of the aggregate risk', and explains the line of action to be adopted in compliance with the Constitution in order to respond to the event at Chernobyl: The Constitution demands maximum acceptable limits to be defined as low as possible. The author discusses the various dose estimations and the contradictions to be observed in this context. He states that the Chernobyl accident has done most harm to our legal system, as the basic right of freedom from injury has been ploughed under with the radioactivity that covered the soil after the Chernobyl accident. But, he says, a positive effect is that the idea of abandoning nuclear power as too dangerous a technology has gained more widespread acceptance. (HSCH) [de

  14. Building a stronger framework of nuclear law. The IAEA's legislative assistance services

    International Nuclear Information System (INIS)

    Stoiber, C.

    2003-01-01

    The IAEA is publishing a Handbook on Nuclear Law which will provide IAEA Member States with a new resource for assessing the adequacy of their national legal frameworks governing the peaceful uses of nuclear energy; and practical guidance for governments in efforts to enhance their laws and regulations, in harmonizing them with internationally recognized standards, and in meeting their obligations under relevant international instruments. The Handbook responds to the growing demand from many national governments for assistance in the development of nuclear legislation and the need to harmonize their own legal and institutional arrangements with international standards. It also presents concise and authoritative instructional materials for teaching professionals (lawyers, scientists, engineers, health and radiation protection workers, government administrators) on the basic elements of a sound framework for managing and regulating nuclear energy. The Handbook is organized into five general parts: Part I provides a general overview of key concepts in the field: nuclear energy law and the legislative process; the regulatory authority; and the fundamental regulatory activities of licensing, inspection and enforcement. Part II deals with radiation protection. Part Ill covers various subjects arising from nuclear and radiation safety: radiation sources, nuclear installations, emergency preparedness and response, mining and milling, transportation, and waste and spent fuel. Part IV addresses the topic of nuclear liability and coverage. Part V moves to non-proliferation and security related subjects: safeguards, export and import controls, and physical protection. The Handbook also reflects and refers to the extensive range of IAEA Safety Standards covering all fields relevant to peaceful nuclear technology

  15. The promotion and control functions of atomic energy law

    International Nuclear Information System (INIS)

    Roser, T.

    1998-01-01

    The question about the purpose of atomic energy law may sound superfluous in Germany, a country where a highly differential legal framework for the peaceful utilization of nuclear power has existed for nearly 40 years in the Basic Law, the Atomic Energy Act, and its ordinances, and a comprehensive body of case laws. Yet, it is justified in view of the declared intention of the German federal government to establish an environmental code into which atomic energy law, hitherto an independent branch of the law, would be integrated, and it is justified also in view of persistent complaints that the present rules and regulations stifled investment activities. A look into some codes of law may help answer the question. Already in 1959, the authors of the Atomic Energy Act outlined the purposes of the legislation in relatively clear terms in Section 1. Besides the two foreign policy aspects of security and loyalty under treaties, which do not concern us in this connection, the key purposes of atomic energy law are stated there as promotion and protection. The protection purpose, which implies the need to protect life, health, and property from the hazards of nuclear energy and harmful effects of ionizing radiation, ranks second in the Act. In accordance with the ruling in 1972 of the Federal Administrative Court, however, it should rank at the top. (orig.) [de

  16. Best practice governance principles in the sports industry: an overview

    African Journals Online (AJOL)

    This overview examines the British and Australian models and codes of corporate governance since South African Company Law as well as Australian Company Law have their roots in British Company Law. From the literature seven pillars of good governance emerged and their applicability to sports governing bodies is ...

  17. Nuclear law and environmental law in the licensing of nuclear installations

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2013-01-01

    Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

  18. EL DERECHO A LA EDUCACIÓN Y SUS REGULACIONES BÁSICAS EN EL DERECHO CONSTITUCIONAL CHILENO E INTERNACIONAL DE LOS DERECHOS HUMANOS THE RIGHT TO EDUCATION AND REGULATIONS BASIC IN THE CHILEAN CONSTITUTIONAL LAW AND THE INTERNATIONAL HUMAN RIGHTS LAW

    Directory of Open Access Journals (Sweden)

    Humberto Nogueira Alcalá

    2008-01-01

    Full Text Available A través del presente artículo se delimita el derecho a la educación determinando los atributos básicos que constituyen el derecho y sus fronteras, teniendo en consideración el derecho constitucional y el derecho internacional de los derechos humanos, es especial el Pacto Internacional de Derechos Económicos, Sociales y Culturales de Naciones Unidas, como asimismo, se consideran las líneas básicas jurisprudenciales en la materia.Through this article delineates the right to education by determining the basic attributes that make up the law and its borders, taking into consideration the constitutional law and international law of human rights, especially the International Convention of Economic, Social and Cultural Rights, as also are considered the basic lines of jurisprudence in this area.

  19. State preemption of local smoke-free laws in government work sites, private work sites, and restaurants - United States, 2005-2009.

    Science.gov (United States)

    2010-02-05

    Smoke-free policies (i.e., policies that completely eliminate smoking in indoor workplaces and public places) result in health benefits, including preventing heart attacks. Preemptive legislation at the state level prohibits localities from enacting laws that vary from state law or are more stringent. A Healthy People 2010 objective (27-19) is to eliminate state laws that preempt stronger local tobacco control laws. A 2005 CDC review found that little progress was being made toward reducing the number of state laws preempting local smoking restrictions in three indoor settings: government work sites, private-sector work sites, and restaurants. These three settings were selected for analysis because they are settings that often are addressed by state and local smoking restrictions and because they are major settings where nonsmoking workers and patrons are exposed to secondhand smoke. This report updates the previous analysis and summarizes changes that occurred from December 31, 2004, to December 31, 2009, in state laws that preempt local smoke-free laws for the same three settings. During that period, the number of states preempting local smoking restrictions in at least one of these three settings decreased from 19 to 12. In contrast with the 2005 findings, this decrease indicates progress toward achieving the goal of eliminating state laws preempting local smoking restrictions. Further progress could result in additional reductions in secondhand smoke exposure.

  20. Law and Foreign Policy: Problems in Intercultural Communications.

    Science.gov (United States)

    Bozeman, Adda B.

    The values and norms of Western law are not universally accepted as basic values and norms in other cultures. Therefore, the contractual processes of Western law should not be considered the basic foundation for all foreign policy negotiations. In Western cultures, principles of law are differentiated from other values based on religion, ethics,…

  1. Energy law. The legal boundary conditions of power supply. 2. rev. ed.

    International Nuclear Information System (INIS)

    Stuhlmacher, Gerd; Stappert, Holger; Jansen, Guido

    2015-01-01

    Now appearing in its second edition, this book presents a comprehensive overview of the legal framework governing the energy sector. It provides readily understandable coverage, across the relevant subfields of law, of the legal regulations applicable to any manner of activity in the energy sector along with a wealth of practical advice on the interpretation and application of legal provisions. The content has been thoroughly revised, updated to reflect the current status of legislation and supplemented with numerous chapters. The 2014 amendment of the Renewable Energy Law (EEG) and its practical impact have also been taken into account. The following topics are covered amongst others: unbundling of network operation; connection and access to networks and metering; network charges and incentive regulation; easement contracts; energy supply and basic services; energy and electricity taxes; cartel law, law on operating aids, procurement law; energy trade OTC and at exchanges; energy trade surveillance law; fuel production and fracking; conventional and nuclear power production; renewable energy production (including offshore production); energy storage and power-to-gas; transmission line construction; climate protection (including the 2014 EEG, emission trade and the Law on the Promotion of Renewable Energy in the Heat Sector); cogeneration law, district heating and contracting; and investment protection.

  2. Civil Law Obligations in the Financial Law Regulations A seminar at the Faculty of Law and Administration, Torun, 24 March 2015

    Directory of Open Access Journals (Sweden)

    Mirosław Bączyk

    2015-06-01

    Full Text Available The problem, which is examined in the study, is the legal way of creation of civil law obligations. Civil law obligations are created by civil law transactions (especially by contracts. There is the question, if civil law obligations can be created directly by the legal regulations? This issue is important for the legal and financial relations between the Treasury, local government and other legal persons.

  3. Law, Democracy & Development

    African Journals Online (AJOL)

    The evolution and implementation of democracy, good governance practices, human rights and socio-economic development are critical issues facing South Africa and Africa as a whole. Law interacts with this process in ways that may promote or inhibit it. Law, Democracy & Development addresses this interaction. Our aim ...

  4. CARBON TRADING ACCORDING TO INTERNATIONAL LAW AND ITS IMPLEMENTATION IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Sinta Wahyu Purnama Sari

    2016-04-01

    Full Text Available This research aims to describe the carbon trading according to international law and its implementation in Indonesia. It uses juridical-normative research methods. Climate change is one of the major environmental issues in the world, it causes an adverse effect to human life. Basically it comes from human activities. To follow up the issue, then countries try to solve it by taking an action to reduce the emissions. Through the first Earth Summit in Rio De Janeiro-Brazil in 1992, which produces the Convention on Climate Change (UNFCCC; one of the achievements of the UNFCCC is the Kyoto Protocol, wherein the Protocol contains two important things, namely the commitment of developed countries to reduce the rate of emissions compared to 1990, and the possibility of carbon trading mechanisms. Indonesia is one of the countries that have ratified both the UNFCCC through Law No. 6 of 1994, and the Kyoto Protocol through Law No. 17 of 2004. There are also some related regulations. However, of all existing laws, the government has not put out implementing regulations or instructions about carbon trading specifically. Keywords: Carbon Trading, International Law, Indonesia.

  5. Before e-Governance and e-Government, Back to Basics! The Case of the Caribbean

    Directory of Open Access Journals (Sweden)

    Pearson A. Broome

    2015-09-01

    Full Text Available This conceptual article discusses the opportunities and challenges presented by e-government and e-governance in the Caribbean. An understanding of the issues inherent in these phenomena is crucially important, particularly for the governance systems of small island developing states in the Caribbean. In practice, however, they are rarely discussed,—not least because their complexity is often misunderstood or inappropriately unacknowledged as new directions by political scientists and policy planners. Moreover, the foundational debate on information and communication technologies (ICTs and their impact on governance and the wider implications for development remain muted owing to the theatrical commotion in other “pressing” aspects of Caribbean political life. As a consequence, this article contextualizes the debate by bringing to the fore a discussion on the importance of understanding the broader political, social, and economic issues and the implications of the use of ICTs and development. In the analysis, a balance is struck to avoid the often disproportionate technocratic parables of a future technological cornucopia being peddled by some international development agencies and officials in the region. Such a macro discussion is necessary if as development advocates and citizens, we are to realize any gains while acknowledging the limitations an enabling e-government and e-governance environment could portend.

  6. The constitutive laws of one-dimensional, two-fluid models for two-phase flows - Possible mathematical forms - Restrictions resulting from basic principles

    International Nuclear Information System (INIS)

    Boure, Jean.

    1978-05-01

    From both the theoretical and the practical points of view, the problem of constitutive laws is a part and parcel of the modeling problem. In particular, the necessity to restore in the model, through topological laws, some of the information lost during the usual averaging process is emphasized. It is shown that the customary 'void fraction' topological law Psub(V)=Psub(L) should be proscribed whenever propagation phenomena are involved. A new void fraction topological law is proposed. The limitations of the current assumption of constant pressure within any phase in any cross section are also illustrated. The importance of proximity effects (neighborhood and history effects, related to characteristic lengths and times) is brought out. It results in the importance of the mathematical form of the constitutive laws. Various approaches to the constitutive law problem and possible mathematical forms for the transfer laws are reviewed. The simplest form (transfert terms as functions of the dependent variables only) may have some usefulness if interpretation of the results in terms of propagation phenomena is banned. A good compromise between the necessity to take proximity effects into account and to obtain a tractable set of equations is carried out when so called 'differential terms' are introduced in the transfer laws. The last part of the paper is devoted to some restrictions, which are imposed to the transfer terms because of some basic principles: indifference to Galilean changes of frame and to some changes of origins, second law of thermodynamics and assumption of local thermodynamic equilibrium, closure constraints. Practical recommendations are formulated [fr

  7. Basics and application of PSpice

    International Nuclear Information System (INIS)

    Choi, Pyeong; Cho, Yong Beom; Mok, Hyeong Su; Baek, Dong CHeol

    2006-03-01

    This book is comprised of nineteenth chapters, which introduces basics and application of PSpice. The contents of this book are PSpice?, PSpice introduction, PSpice simulation, DC analysis, parametric analysis, Transient analysis, parametric analysis and measurements, Monte Carlo analysis, changing of device characteristic, ABM application. The elementary laws of circuit, R.L.C. basic circuit, Diode basic cc circuit, Transistor and EET basic circuit, OP-Amp basic circuit, Digital basic circuit, Analog, digital circuit practice, digital circuit application and practice and ABM circuit application and practice.

  8. Industry offers objections to France's draft petroleum law

    International Nuclear Information System (INIS)

    Anon.

    1992-01-01

    This paper reports that France's petroleum industry is protesting parts of a government draft oil law expected to go into effect in January. The law is to be submitted to Parliament this fall and will replace a law that has governed Franc's oil industry operations for most of the century. And while the new law loosens and in some cases scraps controls, officials see costs that will affect the petroleum industry's competitiveness in Europe

  9. Infectious disease-related laws: prevention and control measures

    Directory of Open Access Journals (Sweden)

    Mijeong Park

    2017-07-01

    Full Text Available OBJECTIVES This study examines recently revised Korean government legislation addressing global infectious disease control for public health emergency situations, with the aim of proposing more rational, effective and realistic interpretations and applications for improvement of law. METHODS The Korea reported its first laboratory-confirmed case of Middle East Respiratory Syndrome (MERS coronavirus on May 20, 2015. Since the first indexed case, Korean public health authorities enforced many public health measures that were not authorized in the law; the scope of the current law was too limited to cover MERS. Korea has three levels of government: the central government, special self-governing provinces, and si/gun/gu. Unfortunately, the Infectious Disease Control and Prevention Act does not designate the specific roles of each level of government, and does not state how these governmental branches should be vertically integrated in a state of emergency. RESULTS When thinking about these policy questions, we should be especially concerned about introducing a new act that deals with all matters relevant to emerging infectious diseases. The aim would be to develop a structure that specifies the roles of each level of government, and facilitates the close collaboration among them, then enacting this in law for the prevention and response of infectious disease. CONCLUSIONS To address this problem, after analyzing the national healthcare infrastructure along with the characteristics of emerging infectious diseases, we propose the revision of the relevant law(s in terms of governance aspects, emergency medical countermeasure aspects, and the human rights aspect.

  10. Design in nature how the constructal law governs evolution in biology, physics, technology, and social organization

    CERN Document Server

    Bejan, Adrian

    2013-01-01

    In this groundbreaking book, Adrian Bejan takes the recurring patterns in nature—trees, tributaries, air passages, neural networks, and lightning bolts—and reveals how a single principle of physics, the constructal law, accounts for the evolution of these and many other designs in our world. Everything—from biological life to inanimate systems—generates shape and structure and evolves in a sequence of ever-improving designs in order to facilitate flow. River basins, cardiovascular systems, and bolts of lightning are very efficient flow systems to move a current—of water, blood, or electricity. Likewise, the more complex architecture of animals evolve to cover greater distance per unit of useful energy, or increase their flow across the land. Such designs also appear in human organizations, like the hierarchical “flowcharts” or reporting structures in corporations and political bodies. All are governed by the same principle, known as the constructal law, and configure and reconfigure themselves...

  11. Questioning the Moral Understanding of Law

    Directory of Open Access Journals (Sweden)

    Pavčnik Marijan

    2017-06-01

    Full Text Available The primary content-related framework we are bound to are the basic human rights as established in the constitution. These basic rights may change and develop, yet as the heritage of our political and legal culture, they possess such a solid core meaning that only a “dogmatic sceptic” (G. Radbruch can doubt it. In societies with plural values, the moral values expressed by the basic human rights are the most solid moral basis of law. The moral understanding of law is necessarily accompanied by a moral criticism of law. Such criticism is often not pleasing to the authorities, but it cannot be avoided if one wants to live up to our responsibility towards nature, society and future generations. A lawyer who is not interested in these issues and only sticks to the letter of the law acts in a fossilized manner and does not enrich the life that the law is intended for. Legal thought should always have its meaning, as Smole’s Antigone would say.

  12. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of the concept of enjoyment is instructive, and looking at it more closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law....... In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

  13. The right to life and criminal-law protection of the human person in the Western Balkans

    Directory of Open Access Journals (Sweden)

    Etlon Peppo

    2015-07-01

    Full Text Available The basic principle for which a democratic governance stands, are expressed in the “Declaration of Independence of the United States of America with the words of Thomas Jefferson: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the Pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed” The government of a democratic state does not exist to recognize the basic human rights, but to respect and guarantee the protection of these rights that any person possesses and benefits due to his existence starting from the most important right: The right to life, which is faced against the duty of the state for the protection of the human person’s life! In this sense this article analyzes the criminal-law protection of life in the Western Balkans.

  14. The rights of shareholders – basic principle of corporate governance by means of case-specific jurisprudence

    Directory of Open Access Journals (Sweden)

    Adrian Doru BÎGIOI

    2016-04-01

    Full Text Available Respecting shareholders’ rights represents one of the fundamental principles of corporate governance, underpinning the establishment of economic entities, as a form of association of individuals and / or legal entities in order to carry out profit-oriented activities. However, there are situations in which the management, the other shareholders, or even the authorities, do not respect certain shareholders’ rights, leading to a number of negative effects, such as the closing of companies. Based on these considerations, in this paper, we set as research objective to analyze the circumstances, which may affect shareholders’ rights. To meet the research objectives, we analyzed the case-specific jurisprudence published by the courts of law till 31st of December 2015. The results of the study show that the shareholders’ rights, which are not respected, include: the property right, the right to receive dividends, the right to participate and vote in the general assemblies of shareholders, the right to be elected in the governing bodies, and not the least, the most important one in accounting terms, the right to be informed.

  15. Law-Abiding Games

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating

  16. Basic law of atomic energy for pacific uses

    International Nuclear Information System (INIS)

    1969-01-01

    This law comprehend information about the pacific uses of atomic energy. Likewise it creates the Commission of Atomic Energy and stipulates: it s organization and functions, regulations and licensures, responsibilities, income and patrimony. (SGB)

  17. Soft Law as a New Mode of Governance: A Legal Perspective

    OpenAIRE

    Peters, Anne; Pagotto, Isabella

    2006-01-01

    After a brief review of the history and typology of soft law in public international law, we approach the concept deductively. We reject the binary view and subscribe to the continuum view. Building on the idea of graduated normativity and on the prototype theory of concepts, we submit that soft law is in the penumbra of law. It can be distinguished from purely political documents more or less readily, depending on its closeness to the prototype of law. Insights gained by the study of publi...

  18. The Role of Law in Adaptive Governance

    Science.gov (United States)

    The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for an...

  19. Basic hydraulics

    CERN Document Server

    Smith, P D

    1982-01-01

    BASIC Hydraulics aims to help students both to become proficient in the BASIC programming language by actually using the language in an important field of engineering and to use computing as a means of mastering the subject of hydraulics. The book begins with a summary of the technique of computing in BASIC together with comments and listing of the main commands and statements. Subsequent chapters introduce the fundamental concepts and appropriate governing equations. Topics covered include principles of fluid mechanics; flow in pipes, pipe networks and open channels; hydraulic machinery;

  20. THE ANALYSIS OF FOREIGN-VESSEL SINKING AS AN EFFORT BY THE GOVERNMENT OF INDONESIA TO COMBAT IUU FISHING PURSUANT TO INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Kristiyanto - Kristiyanto

    2015-12-01

    Full Text Available As an archipelagic state, Indonesia possesses some of the most abundant fishery resources in the world. Geographically, Indonesia’s strategic location makes it a challenge, and it is a shared responsibility for all citizens to preserve and conserve these resources. The strategic location and rich biological as well as non-biological marine resources automatically attract foreign vessels to carry out IUU fishing activities, particularly in the area of ZEEI (Indonesian Exclusive Economic Zone. The Government of Indonesia has taken various preventive measures to combat IUU fishing practices through bilateral cooperations and various laws. In addition, the Government has also taken some repressive efforts by burning and sinking foreign vessels. In this study, the researcher will analyze the governmental action pursuant to international law and examine the extent to which the sinking of the ship is effective from the perspective of international law. This study will be conducted using normative and juridical approach by reviewing and analyzing various national and international legal instruments related to IUU fishing. We hope that this study will be able to deliver theoretical and practical benefits for students and other researchers who are interested in the issue of IUU fishing practices.   Keywords : IUU fishing, marine resources, archipelagic state.

  1. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2003-07-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle; (b) The security principle; (c) The responsibility principle; (d) The permission principle; (e) The continuous control principle; (f) The compensation principle; (g) The sustainable development principle; (h) The compliance principle; (i) The independence principle; (j) The transparency principle; (k) The international co-operation principle

  2. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2006-06-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  3. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2006-02-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  4. The Law of Contract and the Private School.

    Science.gov (United States)

    Duncan, Deirdre J.; Duncan, Robyn M.

    1986-01-01

    Explores contract law governing relationships between the student and school authorities, the teacher and the school, and the school and third parties in Australian private schools. Shows that government schools do not meet the conditions for enforceable contracts under Australian law. Includes seven references. (MLH)

  5. Nuclear Law

    International Nuclear Information System (INIS)

    Pascal, Maurice.

    1979-01-01

    This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr

  6. Kinetics of wealth and the Pareto law.

    Science.gov (United States)

    Boghosian, Bruce M

    2014-04-01

    An important class of economic models involve agents whose wealth changes due to transactions with other agents. Several authors have pointed out an analogy with kinetic theory, which describes molecules whose momentum and energy change due to interactions with other molecules. We pursue this analogy and derive a Boltzmann equation for the time evolution of the wealth distribution of a population of agents for the so-called Yard-Sale Model of wealth exchange. We examine the solutions to this equation by a combination of analytical and numerical methods and investigate its long-time limit. We study an important limit of this equation for small transaction sizes and derive a partial integrodifferential equation governing the evolution of the wealth distribution in a closed economy. We then describe how this model can be extended to include features such as inflation, production, and taxation. In particular, we show that the model with taxation exhibits the basic features of the Pareto law, namely, a lower cutoff to the wealth density at small values of wealth, and approximate power-law behavior at large values of wealth.

  7. The Messianic thought of the rule of law

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    The rule of law is nowadays a requirement of democracy, human rights, good governance, needed to limit arbitrariness and provide stability. Meanwhile, a literal definition of the term implies that people should obey the law and the legal acts of the government, and that judicial and state...

  8. Minority coalition governance in Denmark

    DEFF Research Database (Denmark)

    Christiansen, Flemming Juul; Pedersen, Helene Helboe

    2014-01-01

    in this share of coalition agreement-based laws. The analyses are based on unique data on legislative as well as governmental coalition agreements entered by three Danish governments with varying parliamentary strength. This study brings the blooming literature on coalition agreements one step further......Coalition governance is a challenge for political parties because it involves cooperation and compromises between parties that have different political goals and are competitors in political elections. Coalition coordination is crucial for the intra-coalitional cooperation of the governing parties....... A key element in coalition coordination is coalition agreements, which to a varying degree constrain the behaviour of the coalition partners. This article explores the share of laws that were precisely defined in government agreements and/or legislative agreements, and sets out to explain variation...

  9. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad - Vol ... Can decentralisation contribute to promoting rule-of-law structures? ... Challenges confronting health care workers in government's ARV rollout: rights and ...

  10. Legal provisions governing technical installations, especially regulations of the Building Law, Trade-and-Industry Law, and Atomic Energy Law

    International Nuclear Information System (INIS)

    Nicklisch, F.

    1984-01-01

    The author first shows the various legal regulation patterns of the German law system with regard to technical installations and in this context discusses the comprehensive clause method which refers to scientific-technical standards. This method is said to be an adequate means of achieving suitable results in the relationship between law and technology. However, three weak points can be seen: (1) The law system uses many different standards. (2) Due to uncertainty about the real meaning and content of these standards, it is not clear how these standards are defined. (3) This in practice puts up the question to what extent statutory works of technology are a suitable tool of making legal regulations more concrete, and whether they are to be given binding force. (HSCH) [de

  11. The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law

    International Nuclear Information System (INIS)

    Peters, H.J.

    1995-01-01

    The present book contains all regulations relevant to EIA in compact form: The EU EIA Directive; the Federal Law on the EIA; the Procedural Rules of Atomic Energy Law; the Ninth Ordinance on the Federal Emissions Control Law including the pertinent general administrative regulation; the Federal Mining Law; the Federal Building Law; the Federal Regional Planning Law; and the EIA laws of the Laender such as implementing regulations, the Land EIA Laws, and the Land Planning Laws. There is a basic introduction to EIA law preceding this collection of regulations and laws. (orig./HP) [de

  12. Contract Law in a Comparative Perspective

    OpenAIRE

    Suharnoko, -

    2012-01-01

    The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but th...

  13. PRACTICE OF GOOD GOVERNANCE AND CORPORATE GOVERNANCE

    Directory of Open Access Journals (Sweden)

    Bălăceanu Cristina

    2010-12-01

    Full Text Available Corporate governance reforms are occurring in countries around the globe and potentially impacting the population of the entire planet. In developing countries, such reforms occur in a larger context that is primarily defined by previous attempts at promoting “development” and recent processes of economic globalization. In this context, corporate governance reforms (in combination with the liberalising reforms associated with economic globalization, in effect represent a new development strategy for third world countries. The most basic questions that arise with respect to this situation are what the prospects for this new development model are and whether alternatives should be considered. Keywords: governance, corporate governance, economic globalization, development.

  14. 20 CFR 617.16 - Applicable State law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Applicable State law. 617.16 Section 617.16... law. (a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State— (1) In which the individual is entitled to UI (whether or...

  15. Statistical Laws Governing Fluctuations in Word Use from Word Birth to Word Death

    Science.gov (United States)

    Petersen, Alexander M.; Tenenbaum, Joel; Havlin, Shlomo; Stanley, H. Eugene

    2012-03-01

    We analyze the dynamic properties of 107 words recorded in English, Spanish and Hebrew over the period 1800-2008 in order to gain insight into the coevolution of language and culture. We report language independent patterns useful as benchmarks for theoretical models of language evolution. A significantly decreasing (increasing) trend in the birth (death) rate of words indicates a recent shift in the selection laws governing word use. For new words, we observe a peak in the growth-rate fluctuations around 40 years after introduction, consistent with the typical entry time into standard dictionaries and the human generational timescale. Pronounced changes in the dynamics of language during periods of war shows that word correlations, occurring across time and between words, are largely influenced by coevolutionary social, technological, and political factors. We quantify cultural memory by analyzing the long-term correlations in the use of individual words using detrended fluctuation analysis.

  16. The Corporate Law Curriculum

    Science.gov (United States)

    Mofsky, James S.

    1976-01-01

    On the premise that corporate counsel must be an able diagnostician before he can focus on highly specialized and interrelated issues of business law, the author suggests an approach to corporate law curriculum in which the basic course balances the quality and quantity of material designed to create the needed sensitivity. (JT)

  17. Transposition of the basic safety standards. Potential impact on French laws and regulations

    Energy Technology Data Exchange (ETDEWEB)

    Godet, J.L.; Perrin, M.M.; Saad, N.; Bardelay, C. [Autorite de Surete Nucleaire (ASN), Paris (France)

    2013-07-01

    The new proposal for a Council Directive laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation is about to be adopted. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 4 years after adoption of the final text. As far as France is concerned, these evolutions will mainly impact the labour code (for occupational issues) and the public health code for both legal and regulatory requirements. The most significant improvements of the current version of the project are the introduction of graded approach to regulatory control and the enhancement of requirements for protection against natural radiation sources (in particular exposure to radon and naturally occurring radioactive material). This project also aims at achieving a better harmonisation between Member States for topics such as the organization of radiation protection for workers, the justification of medical devices and non-medical imaging exposure situations. ASN has already identified major issues for the transposition of the Directive concerning both French laws and regulations. Main topics should concern the impact of ICRP terminology (planned exposure situation, existing exposure situation versus lasting exposure situation, reference level versus maximum activity level for exposure to radon..) and the extension of both justification and optimisation principles to new activities involving natural radiation sources, such as industries processing naturally occurring radioactive material. Furthermore, France will have to decide whether it will adjust some positions about the prohibition of nonmedical imaging exposures and the release of materials from regulatory control according to generic values. Indeed, the project mentions the possibility to introduce derogations to those major principles. Finally, and according to the graded approach, the project introduces a new

  18. Need for consent of a law extending the operating life of nuclear power plants

    International Nuclear Information System (INIS)

    Degenhart, Christoph

    2010-01-01

    The article deals with the question whether a law extending nuclear power plant life beyond the residual periods of time laid down in the law of April 22, 2002 requires consent of the Federal Council. The Atomic Energy Act needed the consent of the Federal Council pursuant to Article 87c, Basic Law, as its Section 24 determines that central functions of licensing and supervision be exercised by the federal states on behalf of the Federal Government. This has not changed after the current version of the norm. Increasing the residual quotas of electricity by amending Annex 3 of Sec.7, Para.1a, Atomic Energy Act, per se does not require consent. This is a substantive provision. Sec.24, Atomic Energy Act, does not need to be amended. The Federal Council, which consented to the original legislation, thus does not bear continued responsibility for the law. Every law must be treated as a separate entity in terms of legislative method. The Federal Council, with its first consent to the piece of legislation, ''approves'' this systemic shift. Renewed consent is required only in case of another systemic shift. This is the case when the provision about administrative responsibility takes on a very different meaning and impact no longer supported by the earlier consent. According to decisions by the Federal Constitutional Court, this expressly applies also to administration by commission. What is required is a comparison of administrative duties before and after entry into force of the amending law; mere quantitative shifts of administrative burdens do not cause a systemic shift. Whether the inclusion of backfitting obligations would be associated with regulations in administrative procedures has not been decided. In its ruling of May 4, 2010, the Federal Constitutional Court confirms that these do not require consent within the framework of Art.85 Para.1, Basic Law. (orig.)

  19. The amendment of the law on compensation for nuclear damage in Japan

    International Nuclear Information System (INIS)

    Tanikawa, H.

    2000-01-01

    The legal regime relating to the compensation for nuclear damage in Japan is governed by 'the Law on Compensation for Nuclear Damage' and the 'Law on indemnity Agreement for Compensation of Nuclear Damage'. The basic liability scheme on compensation for nuclear damage in the Compensation law is constituted on the basis of strict and unlimited liability, and such liability is channeled to a nuclear undertaker who is engaged on the operation of the reactor, etc.Furthermore, in order to operate a reactor a nuclear undertaker has to have provided financial security for compensation of nuclear damage by means of contracts, for liability insurance in respect of potential nuclear damage and an indemnity agreement for compensation of nuclear damage or the deposit. In addition to this financial security, in the event that nuclear damage occurs, and if necessary, the Government shall give to a nuclear undertaker such aid as required for him to compensate the nuclear damage. The financial security amount specified in the compensation Law has been increased to JPY (Japan yen) 60 billion. The necessity for special requirements in relation to financial security and/or the level of its amount in case of decommissioning of reactors, storage of nuclear spent fuel outside the power plant, radioisotopes other than nuclear fuel materials, or high level waste of nuclear fuel material, or the operation of experimental reactors for nuclear fusion, etc. shall be examined in the near future according to developments made in this field and the corresponding necessity for financial security for each case. (N.C.)

  20. A Unique Mathematical Derivation of the Fundamental Laws of Nature Based on a New Algebraic-Axiomatic (Matrix Approach ‡

    Directory of Open Access Journals (Sweden)

    Ramin Zahedi

    2017-09-01

    Full Text Available In this article, as a new mathematical approach to origin of the laws of nature, using a new basic algebraic axiomatic (matrix formalism based on the ring theory and Clifford algebras (presented in Section 2, “it is shown that certain mathematical forms of fundamental laws of nature, including laws governing the fundamental forces of nature (represented by a set of two definite classes of general covariant massive field equations, with new matrix formalisms, are derived uniquely from only a very few axioms.” In agreement with the rational Lorentz group, it is also basically assumed that the components of relativistic energy-momentum can only take rational values. In essence, the main scheme of this new mathematical axiomatic approach to the fundamental laws of nature is as follows: First, based on the assumption of the rationality of D-momentum and by linearization (along with a parameterization procedure of the Lorentz invariant energy-momentum quadratic relation, a unique set of Lorentz invariant systems of homogeneous linear equations (with matrix formalisms compatible with certain Clifford and symmetric algebras is derived. Then by an initial quantization (followed by a basic procedure of minimal coupling to space-time geometry of these determined systems of linear equations, a set of two classes of general covariant massive (tensor field equations (with matrix formalisms compatible with certain Clifford, and Weyl algebras is derived uniquely as well.

  1. Power-law and intermediate inflationary models in f(T)-gravity

    Energy Technology Data Exchange (ETDEWEB)

    Rezazadeh, K. [Department of Physics, University of Kurdistan,Pasdaran St., Sanandaj (Iran, Islamic Republic of); Abdolmaleki, A. [Research Institute for Astronomy Astrophysics of Maragha (RIAAM),P.O. Box 55134-441, Maragha (Iran, Islamic Republic of); Karami, K. [Department of Physics, University of Kurdistan,Pasdaran St., Sanandaj (Iran, Islamic Republic of)

    2016-01-21

    We study inflation in the framework of f(T)-gravity in the presence of a canonical scalar field. After reviewing the basic equations governing the background cosmology in f(T)-gravity, we turn to study the cosmological perturbations and obtain the evolutionary equations for the scalar and tensor perturbations. Solving those equations, we find the power spectra for the scalar and tensor perturbations. Then, we consider a power-law f(T) function and investigate the inflationary models with the power-law and intermediate scale factors. We see that in contrast with the standard inflationary scenario based on the Einstein gravity, the power-law and intermediate inflationary models in f(T)-gravity can be compatible with the observational results of Planck 2015 at 68% CL. We find that in our f(T) setting, the potentials responsible for the both power-law and intermediate inflationary models have the power-law form V(ϕ)∝ϕ{sup m} but the power m is different for them. Therefore, we can refine some of power-law inflationary potentials in the framework of f(T)-gravity while they are disfavored by the observational data in the standard inflationary scenario. Interestingly enough, is that the self-interacting quartic potential V(ϕ)∝ϕ{sup 4} which has special reheating properties, can be consistent with the Planck 2015 data in our f(T) scenario while it is ruled out in the standard inflationary scenario.

  2. Power-law and intermediate inflationary models in f(T)-gravity

    International Nuclear Information System (INIS)

    Rezazadeh, K.; Abdolmaleki, A.; Karami, K.

    2016-01-01

    We study inflation in the framework of f(T)-gravity in the presence of a canonical scalar field. After reviewing the basic equations governing the background cosmology in f(T)-gravity, we turn to study the cosmological perturbations and obtain the evolutionary equations for the scalar and tensor perturbations. Solving those equations, we find the power spectra for the scalar and tensor perturbations. Then, we consider a power-law f(T) function and investigate the inflationary models with the power-law and intermediate scale factors. We see that in contrast with the standard inflationary scenario based on the Einstein gravity, the power-law and intermediate inflationary models in f(T)-gravity can be compatible with the observational results of Planck 2015 at 68% CL. We find that in our f(T) setting, the potentials responsible for the both power-law and intermediate inflationary models have the power-law form V(ϕ)∝ϕ m but the power m is different for them. Therefore, we can refine some of power-law inflationary potentials in the framework of f(T)-gravity while they are disfavored by the observational data in the standard inflationary scenario. Interestingly enough, is that the self-interacting quartic potential V(ϕ)∝ϕ 4 which has special reheating properties, can be consistent with the Planck 2015 data in our f(T) scenario while it is ruled out in the standard inflationary scenario.

  3. 20 CFR 404.1007 - Common-law employee.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Common-law employee. 404.1007 Section 404... Common-law employee. (a) General. The common-law rules on employer-employee status are the basic test for.... Even though you are considered self-employed under the common-law rules, you may still be an employee...

  4. 48 CFR 1253.222 - Application of labor laws to Government acquisitions.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Application of labor laws... DEPARTMENT OF TRANSPORTATION CLAUSES AND FORMS FORMS Prescription of Forms 1253.222 Application of labor laws... application of labor laws, as specified in (TAR) 48 CFR 1222.406-9: Form DOT F 4220.7, Employee Claim for Wage...

  5. [Basic laws of blood screw motion in human common carotid arteries].

    Science.gov (United States)

    Kulikov, V P; Kirsanov, R I

    2008-08-01

    The basic laws of blood screw motion in common carotid arteries in people were determined by means of modern ultrasound techniques for the first time. 92 healthy adults, aged 18-30, were examined. The blood flow in the middle one-third of common carotid arteries was registered by means of Color Doppler Imaging and impulse Doppler with the help of ultrasound Medison 8000EX scanner by linear transducer of 5-9 MHz. The steady registration of blood screw motion in both common carotid arteries in Color Doppler Imaging regimen was observed in 54.3 % of cases. The direction of screw stream rotation in most cases (54%) was multi-directed: in the right common carotid artery it was right, in the left common carotid artery--left (48%), and in 6% of cases it was reverse. For 46% of cases blood rotation in both common carotid arteries was one-directed (26%--right, 20%--left). The velocity parameters of rotation component of blood motion were determined, maximum velocity being 19.68 +/- 5.84 cm/sec, minimum--4.57 +/- 2.89 cm/sec, average--7.48 +/- 2.49 cm/sec, angular--10.7 +/- 2.49 sec(-1). The rated velocity of blood cells motion in screw motion with regard of screw current lines to the vessel vertical axis makes up from 158.67 +/- 32.79 to 224.39 +/- 46.37 cm/sec.

  6. The Atomic Law, the German Bundesrat and the administrative organisation

    International Nuclear Information System (INIS)

    Burgi, Martin

    2011-01-01

    Soon, the Federal Constitutional Court (Karlsruhe, Federal Republic of Germany) will deal with both the Eleventh Amendment of the Atomic Energy Act effecting the extension of the operating period of nuclear power plants as well as with the Twelfth Amendment of the Atomic Energy Act which in particular contains some security-related regulations due to European legal occasion. The emphasis is on the Article 87c of the Basic Law. According to Article 87c of the Basic Law, the legislation in the field of nuclear law requires the consent of the German Bundesrat. The possible of approval of both laws is subject to certain administrative organization legal circumstances. The sober investigation and evaluation of these circumstances in the context of Article 83 et seq. of the Basic Law results to the conclusion that the two amending laws do not require the consent of the German Bundesrat.

  7. Basic copyright law for use of materials in childbirth education classes.

    Science.gov (United States)

    Philipsen, Nayna C

    2005-01-01

    Copyright is federal law that creates a monopoly to protect the property rights of authors and creators and their original works. Copyright law creates an exception for classroom use, but educators must always give full attribution for any work they use in teaching.

  8. Clinical Social Work. State Laws Governing Independent Practice and Reimbursement of Services. Fact Sheet for the Honorable Daniel K. Inouye, United States Senate.

    Science.gov (United States)

    General Accounting Office, Washington, DC. Div. of Human Resources.

    This fact sheet on state laws governing the independent practice and reimbursement of services for clinical social workers contains information from questionnaires sent to the state agencies responsible for health insurance regulations and Medicaid and licensing activities. Information on Ohio, the only state which did not respond, is not…

  9. Basic Conditions of Validity of Electronic Contracts in Iran and UNCITRAL Model Law

    Directory of Open Access Journals (Sweden)

    Abbas Karimi

    2017-02-01

    Full Text Available Diverse activities such as electronic exchange of goods and services, instant digital content delivery, electronic funds transfer, electronic stock exchange, electronic bill of lading, commercial projects, common engineering and design, sourcing, government purchase, direct marketing and post-sales services included in e-commerce field.  Due to the increasing spread of the electronic world in all aspects, electronic contracts, in turn, was of great importance and made significant contributions in business contracts. The present study aims to investigate the concept, fundamentals and history of electronic contracts referring to UNCITRAL Model Law on Electronic Commerce and Electronic Commerce Act (1996. The results indicate that in terms of the conclusion and obligations of the parties, contract in cyberspace in general is similar to the contract in the real world and in this respect, there is no major difference between these two contexts. Potential electronic contracts considered as written ones and Electronic signatures recognized as valid as the basis of the validity of the will in electronic trading.

  10. Law in orbit

    International Nuclear Information System (INIS)

    Whitehouse, D.

    1988-01-01

    The paper concerns space law and regulations to cope with the legal problems that space-faring governments must address. In 1957 the General Assembly of the United Nations established a committee on the peaceful uses of outer space (COPUOS), which worked on a treaty for outer space. COPUOS spent from 1962-1971 formulating a liability convention, and in 1976 a moon treaty was proposed. However COPUOS has not been able to reach a concensus on recent issues, including remote-sensing and communications satellites. COPUOS reached the end of its effective life in 1982, and now there is a need for governments to take a new initiative into Space law and regulations to cope with the problems posed by new technology. (U.K.)

  11. Pollution Law - Clean Air Act

    International Nuclear Information System (INIS)

    Schmitt Glaeser, W.; Meins, J.W.

    1982-01-01

    This volume deals with how the living space air is kept clean by means of the pollution law, focussing on the documentation of central problems of pollution law by means of selected articles and court decisions. The literature and jurisdiction available on this sector of which we can hardly keep track makes such a documentation look useful and necessary. It will make working easier for those who do not have direct access to large libraries. The only intention of the guide for the pollution law which preceeds the documentation is to outline basic problems. It is intended to provide basic information in this complex field of law. At the same time, it also constitutes a 'guide' for the documentation: By naming the documentation number in the margin of the respective passage reference is made to the documented publications which deal with the legal issues considered. Using this guide, the documentation can be easily tapped. (orig.) [de

  12. Some laws governing the electrosynthesis of organic compounds with a solid polymetric electrolyte

    Energy Technology Data Exchange (ETDEWEB)

    Rodionova, N.A.; Avrutskaya, I.A.; Fioshin, M. Ya.; Khrizolitova, M.A.

    1986-01-01

    The electrosynthesis of organic compounds with a solid polymetric electrolyte (SPE) makes it possible to carry out the process in the absence of a supporting electrolyte. This facilitates the recovery of the desired product, eliminates the inorganic waste products, and allows a small interelectrode distance, and the absence of the accumulation of gases lowers the voltage in the cell. Some laws governing syntheses of SPE were studied in the example cases of the electrochemical reduction of 2,2,6,6-tetramethyl-4-oxopiperidine to 2,2,6,6-tetramethyl-4-hydroxy-piperidine, the reduction of triacetonamine oxime and triacetonamine azine to 2,2,6,6-tetramethyl-4- aminopiperidine and the oxidation of isobutanol to isobutyric acid. The electrolysis with an SPE was carried out under galvanostatic conditions in an electrolyzer of the filter-press type with forced circulation of the catholyte and anolyte. Low reaction rates are found to be characteristic of all the compounds investigated when the electrolysis is carried out with an SPE.

  13. AIDS and the law: opportunities and limitations.

    Science.gov (United States)

    Kirby, M

    1995-01-01

    Laws can only partially succeed in modifying behavior, especially with regard to sex, drug use, and other human pleasures. Effective and just laws to slow the spread of AIDS must therefore be based upon a thorough knowledge of the issues, not upon ignorance, fear, political expediency, or to meet the emotional demands of an often ignorant general population. Good laws, like good ethics, are founded in good data. The most effective response to the AIDS epidemic is neither prohibition nor punishment of individual behavior, but laws designed to truly affect human behavior and shape a society in which the spread of HIV is minimized. Central to an appropriate legislative response is the imperative of protecting the basic rights of individuals infected with HIV. An example of an enlightened, rational, and nondiscriminatory approach to checking the spread of HIV/AIDS while guaranteeing individual freedoms and rights is found in a report commissioned for the State Government of New South Wales. The following measures are recommended to bring state laws into harmony with the national HIV/AIDS strategy: decriminalize brothels, set regulations and public health standards for sex workers, cover sex workers under the Industrial Relations Act, ensure the privacy of HIV/AIDS patients and improve their redress against discrimination in the workplace, repeal laws which make it illegal to possess and administer drugs to oneself, investigate the therapeutic use of marijuana as a prescribed treatment for HIV/AIDS and other terminal illnesses, abandon compulsory testing for HIV in prisons, make condoms available to prisoners and sexually active children, establish a Natural Death Act to allow terminally ill patients to die with dignity, and give legal status to permanent relationships between homosexual couples.

  14. The protection of environmental interests through corporate governance: A South African company law perspective.

    Directory of Open Access Journals (Sweden)

    Anthony O Nwafor

    2015-07-01

    Full Text Available The quest to maximize profits by corporate administrators usually leaves behind an unhealthy environment. This trend impacts negatively on long term interests of the company and retards societal sustainable development. While there are in South Africa pieces of legislation which are geared at protecting the environment, the Companies Act which is the principal legislation that regulates the operations of the company is silent on this matter. The paper argues that the common law responsibility of the directors to protect the interests of the company as presently codified by the Companies Act should be developed by the courts in South Africa, in the exercise of their powers under the Constitution, to include the interests of the environment. This would guarantee the enforcement of the environmental interests within the confines of the Companies Act as an issue of corporate governance.

  15. Confederation and federation in the general theory of law and state and in positive law

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  16. The environmental science and law II. The short development of the environmental science and environmental law

    International Nuclear Information System (INIS)

    Klinda, J.

    1998-01-01

    This book contains the basic documents about environmental laws and related documents approved in the world and in the Slovak Republic. The system of the environmental laws and organizations in the world and in the Slovak Republic are reviewed. A review of a selected environmental laws of the Slovak Republic are included. The significant world acts (declarations, charters and other documents) are reviewed

  17. Important characteristics and constitutional law basis of the optional instrument for European contract law

    Directory of Open Access Journals (Sweden)

    Silvija Petrić

    2009-01-01

    Full Text Available This paper is dedicated to the analysis of the optional instrument for European contract law as one of the measures which the European Commission suggests within the framework of the initiative of European contract law. It is about the system of general rules of contract law and particular rules for those contracts which are the most important for the functioning of a unified European market. The paper analyses the reasons for suggesting such measures, the basic characteristics and purpose, possible ways of application, potential content and structure, its relation to other Acts and measures of community law, and, in particular, the possible constitutional law basis for the bringing in of such an act of Community law.

  18. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  19. APPLICATION OF COMPLIANCE RULES UNDER THE LAW No. 13.303/2016

    Directory of Open Access Journals (Sweden)

    Guilherme Maximiano

    2017-12-01

    Full Text Available This paper aims to analyze the mechanisms introduced in the Brazilian legal system by Federal Law No. 13.303/2016, also called Government Companies Law. This law established mandatory rules related to corporate governance, transparency, risk management practice and internal control for government companies and government-controlled companies. In particular, the legal provisions about compliance policy mechanisms are analyzed, whose primary function is to ensure that the government company achieves its social function, keeping intact its image and reliability and guarantees its survival with the necessary honor and dignity. These innovations are beneficial to the society in general, once they grant greater efficiency to the government companies, as well as institute control and management mechanisms aiming the integrity and the fight against corruption in the Brazilian Public Administration.

  20. Upstream health law.

    Science.gov (United States)

    Sage, William M; McIlhattan, Kelley

    2014-01-01

    For the first time, entrepreneurs are aggressively developing new technologies and business models designed to improve individual and population health, not just to deliver specialized medical care. Consumers of these goods and services are not yet "patients"; they are simply people. As this sector of the health care industry expands, it is likely to require new forms of legal governance, which we term "upstream health law." © 2014 American Society of Law, Medicine & Ethics, Inc.

  1. Republic of Lithuania law on nuclear energy. No. I-1613

    International Nuclear Information System (INIS)

    1996-01-01

    Law on Nuclear Energy adopted by the Parliament 14 November, 1996 has the main goals of ensuring nuclear safety, peaceful use of nuclear energy and preventing from illegal use of nuclear materials. The basic assumptions of the law reinforce obligations of Lithuania under Convention on Nuclear Safety. The law determines fundamentals on nuclear energy management, principles for the state regulation for nuclear safety and radiation protection, guidelines for licensing in nuclear energy, special requirements for the design and construction of nuclear energy facilities, basic conditions for the operation of nuclear energy installations, basic requirements for the transportation and storage of nuclear and radioactive materials, basic requirements for preventing nuclear or radiation related incidents together with procedures for elimination of consequences, basic economic and financial conditions for nuclear energy and specificity of working relations in nuclear energy

  2. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

    Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

  3. Law on the management of radioactive waste

    International Nuclear Information System (INIS)

    1999-01-01

    This law regulate the relations of legal persons, enterprises without the rights of legal persons, and natural persons in the management of radioactive waste in Lithuania and establish the legal grounds for the management of radioactive waste. Thirty one article of the law deals with the following subjects: principles of radioactive waste management, competence of the Government, State Nuclear Power Safety Inspectorate, Ministry of Economy, Ministry of Environment and Radiation Protection Center in the sphere of regulation of the radioactive waste management, activities subject to licensing, issue of licences and authorisations, duties and responsibilities of the waste producer, founding of the radioactive waste management agency, its basic status and principles of the activities, functions of the agency, management of the agency, transfer of the radioactive waste to the agency, assessment of the existing waste management facilities and their past practices, siting, design and construction, safety assessment, commissioning and operation of the radioactive waste management facilities, radiation protection, quality assurance, emergency preparedness, decommissioning of radioactive waste storage and other facilities, post-closure surveillance of the repository, disused sealed sources, transportation, export and transit of radioactive waste

  4. The law for the Japan Atomic Energy Research Institute

    International Nuclear Information System (INIS)

    1979-01-01

    The institute is established under the atomic energy basic law to make effectively research of development of atomic energy in general and help to promote investigation, development and utilization of it. The institute is a legal person and has its main office in Tokyo. Its capital is the amount of yen 2,500 million plus contributions by persons other than the government. The government invests the said yen 2,500 million at the time of its establishment. The articles of the institute shall prescribe matters, such as: capital, contributions and assets; officer and meeting; business and its execution; accounting, etc. The officers are consisted of a chief director, a deputy chief director and less than 7 directors and less than 2 auditors. The chief director is appointed by the Prime Minister with the consent of the atomic energy commission. The term of the chief director, the deputy chief director and directors is 4 years and that of auditors is 2 years. Functions of the institute include basic and application research of atomic energy, planning, building and operation of reactors, training of researchers and engineers of atomic energy, etc. The budget, the business program and the financial project shall be prepared each business year and authorized by the Prime Minister. The institute is subject to the supervision of the Prime Minister. (Okada, K.)

  5. Codes of Good Governance

    DEFF Research Database (Denmark)

    Beck Jørgensen, Torben; Sørensen, Ditte-Lene

    2013-01-01

    Good governance is a broad concept used by many international organizations to spell out how states or countries should be governed. Definitions vary, but there is a clear core of common public values, such as transparency, accountability, effectiveness, and the rule of law. It is quite likely......, transparency, neutrality, impartiality, effectiveness, accountability, and legality. The normative context of public administration, as expressed in codes, seems to ignore the New Public Management and Reinventing Government reform movements....

  6. Islamic law of tort

    OpenAIRE

    Mohamad, Abdul Basir Bin

    1997-01-01

    The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...

  7. Thermodynamic laws apply to brain function.

    Science.gov (United States)

    Salerian, Alen J

    2010-02-01

    Thermodynamic laws and complex system dynamics govern brain function. Thus, any change in brain homeostasis by an alteration in brain temperature, neurotransmission or content may cause region-specific brain dysfunction. This is the premise for the Salerian Theory of Brain built upon a new paradigm for neuropsychiatric disorders: the governing influence of neuroanatomy, neurophysiology, thermodynamic laws. The principles of region-specific brain function thermodynamics are reviewed. The clinical and supporting evidence including the paradoxical effects of various agents that alter brain homeostasis is demonstrated.

  8. Using law to strengthen health professions: frameworks and practice.

    Science.gov (United States)

    Verani, André; Shayo, Peter; Howse, Genevieve

    2011-01-01

    The lack of sufficient, high-quality health workers is one of the primary barriers to improving health in sub-saharan africa. An approach to address this challenge is for public health practitioners to increase their cooperation with public health lawyers, regulators and other policymakers in order to develop strengthened health workforce laws, regulations, and policies that are vigorously implemented and enforced. Conceptual frameworks can help clarify the meaning of health system governance and the pathways between law and health. International recommendations for policy interventions governing health workers provide countries with valuable guidance for domestic reforms. Monitoring and evaluation of legal, regulatory, and other policy interventions are required to ascertain their public health impact. At the intersection of law and public health, professionals from both fields can collaborate in concrete ways such as those discussed here to improve laws and policies governing health.

  9. The end of nuclear power? The conflict of politics, ecology and law

    International Nuclear Information System (INIS)

    Strassburg, W.

    1999-01-01

    The German federal government's demand to opt out of the peaceful use of nuclear power is examined under aspects of constitutional law. Constitutional barriers allow the peaceful use of nuclear power to be discontinued without any compensation only in the distant future. A general restriction of the useful life of plants does not constitute a modification of ownership rights but deprivation, i.e., expropriation. In this politically desired opt-out, the government also must bear in mind that the constitution protects not only the property but also the freedom to exercise their profession (Article 12, para. 1, German Basic Law) of all those who have been committed to this industry for decades. Also a national ban on reprocessing with transborder effects violates existing law, counteracting the requirement of a free exchange of goods and services within the single European market. Moreover, the existing reprocessing contracts with foreign companies may be terminated unilaterally only subject to indemnification, as they constitute obligations under international law, unless German customers were to exercise their contractual right to cancel. In addition, it is to be feared that discontinuation of the peaceful uses of nuclear power manifests itself in the absence of provisions for the back end of the fuel cycle. Prolonging the exploration of repositories and, consequently, relying more and more heavily on interim stores, is bound to raise the question of the evidence of spent fuel and waste management in these latter facilities. In the absence of sufficient proof of waste management provisions in interim stores, the accusation could be leveled that it was not certain whether these interim stores were not turning into final stores. (orig.) [de

  10. Exclusion of objections in licensing procedures according to Atomic Energy Law or Pollution Control Law

    International Nuclear Information System (INIS)

    Stober, R.

    1980-01-01

    The contribution shows that the exclusion of objections after expiration of the term provided for in licensing procedures under Atomic Energy Law and Pollution Control Law has to be understood extensively and that it is in accordance with German Basic Law. In detail, the treatise is limited to the discussion of the following issues: the effects of the expiration of the period on the right to raise objections, the importance of the exclusion of objections for lawsuits and the importance of the exclusion of objections for constitutional law. (orig./HSCH) [de

  11. The law on indemnity agreement for compensation of nuclear damage

    International Nuclear Information System (INIS)

    1979-01-01

    Basic terms are defined, such as: operation of reactors; nuclear damage; nuclear enterpriser; nuclear ship; measure for compensation; amount of compensation and liability insurance contract. The government may conclude with nuclear enterprisers indemnity agreements, in which in the case of reparation responsibilities of the enterprisers coming into being, the government agrees to make for losses of the enterprisers not possible to be compensated by liability insurance contracts, etc., and the enterprisers comply to pay indemnity charges. Losses indemnified by the government with the said agreements (indemnity agreement) shall be losses of the enterprisers (indemnity loss) which occur from reparation of nuclear damages due to earthquakes or eruptions, or regular operation of reactors or damages to be compensated by the insurance contracts, which are not demanded by the sufferers for 10 years from the day of events, and others. The term of indemnity agreements is from the time of the conclusion to the date of suspension of the operation of reactors. Indemnity charges, amount of indemnity, limit of conclusion of indemnity agreements, notice, prescription and others are prescribed respectively. The government may dissolute indemnity agreements in specified particular cases, including violation of the provisions of the law concerning indemnification of nuclear damage by the enterprisers, etc. (Okada, K.)

  12. Recent Literature on Government Information

    Science.gov (United States)

    Sleeman, Bill

    2004-01-01

    The purpose of this column is to provide government information scholars and students with a broad overview of recent publications about government information from the literature of librarianship, archives, information technology management, public policy and law. Given the volume of literature produced in this field, a columnist cannot claim…

  13. Featuring Control Power: Corporate Law and Economics Revisited

    NARCIS (Netherlands)

    A.M. Pacces (Alessio)

    2008-01-01

    textabstractThis dissertation reappraises the existing framework for economic analysis of corporate law. The standard approach to the legal foundations of corporate governance is based on the ‘law matters’ thesis, according to which corporate law promotes separation of ownership and control by

  14. Constitutional Court's Review and the Future of Water Law in Indonesia

    Directory of Open Access Journals (Sweden)

    Mohamad Mova Al'Afghani

    2006-06-01

    Full Text Available Enactment of the Water Law in Indonesia has arises public debate. The Judicial Review of the Law by the Constitutional added to this controversy as it puts the legality of the water regime in Indonesia in a "twilight zone". This article explained the historical background of the water regime in Indonesia and its development, analyze the position of water rights and human rights to water under Indonesian Constitution, elaborates the key provisions of Indonesian water law, elaborate water law's judicial review by the Constitutional Court, analyzes the legal consequences of the review and recommend the government on the parts of the law that needs to be amended or modified. The author also discusses several important issues that needs to be weighed by governments when creating the water law's implementing regulation, including regulating several standard contract provisions between government and water investors.

  15. Corporate Governance and the Value of Excess Cash Holdings of Large European Firms

    NARCIS (Netherlands)

    Schauten, M.B.J.; van Dijk, D.J.C.; van der Waal, J.P.

    2013-01-01

    We examine the relation between the quality of corporate governance and the value of excess cash for large publicly listed European firms from common-law and civil-law countries. Besides different law origins, we distinguish different dimensions of corporate governance by using ratings for the

  16. Basic environmental questions concerning lawsuits of neighboring power plant dwellers

    International Nuclear Information System (INIS)

    Berger, U.G.

    1982-01-01

    In conjunction with the constellation of lawsuits within the administrative court system, and based on modern environmental protection laws, emission control laws, and foremost, the atomic energy laws, we are confronted with a variety of constitutional and administrative problems. However, the fundamental questions of individual rights within the potentially incriminating environmental utilization or exploitation by individuals could be relatively clearly answered by observing the basic principles of our legal order. It is to be expected that the administrative courts will arrive at acceptable decisions reflecting the full protection of the law and the basic constitutional principles, and that these - once made - may serve as orientation in superior court actions. (orig./HSCH) [de

  17. Tempered stable laws as random walk limits

    OpenAIRE

    Chakrabarty, Arijit; Meerschaert, Mark M.

    2010-01-01

    Stable laws can be tempered by modifying the L\\'evy measure to cool the probability of large jumps. Tempered stable laws retain their signature power law behavior at infinity, and infinite divisibility. This paper develops random walk models that converge to a tempered stable law under a triangular array scheme. Since tempered stable laws and processes are useful in statistical physics, these random walk models can provide a basic physical model for the underlying physical phenomena.

  18. 49 CFR 1546.211 - Law enforcement personnel.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Law enforcement personnel. 1546.211 Section 1546... § 1546.211 Law enforcement personnel. (a) At airports within the United States not governed by part 1542...) When using a screening system required by § 1546.101(a), (b), or (c), provide for law enforcement...

  19. Bringing Democratic Governance into Practice: Policy Enactments Responding to Neoliberal Governance in Spanish Public Schools

    Science.gov (United States)

    Prieto-Flores, Òscar; Feu, Jordi; Serra, Carles; Lázaro, Laura

    2018-01-01

    This article explores different ways in which public primary schools sustain democratic governance structures created beyond those mandated by law in Spain. These new institutional designs, while not opposed to policy text requirements of having a governing body with representatives of parents, teachers and public administration, are being carried…

  20. Analysis of changes in the federal funding trends to higher education for basic research in space, solar, and nuclear sciences compared to government and industry: 1967-1985

    International Nuclear Information System (INIS)

    Veasey, C. Jr.

    1985-01-01

    The problem addressed by this study is that the amount of federal funds allocated in higher education for conducting basic research in space, solar, and nuclear sciences appear to be declining relative to government and industry. To test this hypothesis, data were obtained from the National Science Foundation on the amounts of federal funds provided for research and development from fiscal years 1955 to 1985. The NSF data were organized into tables, presented, and analyzed to help determine what changes had occurred in the amounts of federal funds allocated to higher education, government, and industry for basic research in space, solar, and nuclear sciences for fiscal years 1967 to 1985. The study provided six recommendations to augment declining federal funds for basic research. (1) Expand participation in applied research, (2) Develop and expand consortia arrangements with other academic institutions of higher education. (3) Pursue other funding sources such as alumni, private foundations, industry, and state and local government. (4) Develop and expand joint research with national and industrial laboratories. (5) Expand participation in interdisciplinary and multidisciplinary research to develop technological solutions to local, regional, and national problems. (6) Develop and expand programs of reciprocal internships, and sabbaticals with industrial and national laboratories

  1. The law of the international civil service institutional law and practice in international organisations

    CERN Document Server

    Ullrich, Gerhard

    2018-01-01

    Gerhard Ullrich provides an overall review of the employment law of international intergovernmental organisations. In the first part of the book, he explains the basics of employment law and provides statistical data. He comments extensively on the privileges and immunities of international officials. The core of the book is dedicated to the examination of the legal sources for international civil service law. Here, the international administrative tribunals' case law on the general principles of law occupies a particularly broad area. A second legal source are the structures and elements of the statutory employment in international organisations. The author finally comments on the system of legal protection for the staff of the international civil service.

  2. Religious law versus secular law
    The example of the get refusal in Dutch, English and Israeli law

    Directory of Open Access Journals (Sweden)

    Matthijs de Blois

    2010-06-01

    Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

  3. Proposed law concerning the phase-out of nuclear power

    International Nuclear Information System (INIS)

    1997-01-01

    This Government bill that will be presented to the Swedish Parliament, gives the Government the right to revoke the licence of operating a nuclear power plant at a certain time. The operator is given the right to a financial compensation when the licence is revoked, in line with the rules in the expropriation laws. Safety aspects of operation of nuclear installations are not regulated in this law, i.e. the law can not be used when the operating licence is revoked due to safety reasons

  4. Brownian gas models for extreme-value laws

    International Nuclear Information System (INIS)

    Eliazar, Iddo

    2013-01-01

    In this paper we establish one-dimensional Brownian gas models for the extreme-value laws of Gumbel, Weibull, and Fréchet. A gas model is a countable collection of independent particles governed by common diffusion dynamics. The extreme-value laws are the universal probability distributions governing the affine scaling limits of the maxima and minima of ensembles of independent and identically distributed one-dimensional random variables. Using the recently introduced concept of stationary Poissonian intensities, we construct two gas models whose global statistical structures are stationary, and yield the extreme-value laws: a linear Brownian motion gas model for the Gumbel law, and a geometric Brownian motion gas model for the Weibull and Fréchet laws. The stochastic dynamics of these gas models are studied in detail, and closed-form analytical descriptions of their temporal correlation structures, their topological phase transitions, and their intrinsic first-passage-time fluxes are presented. (paper)

  5. The internal audit as function to the corporate governance

    Directory of Open Access Journals (Sweden)

    Joksimović Marijana

    2017-01-01

    Full Text Available The aim of this paper is to show the internal audit in function to the corporate governance. Within the planetary economy, internal auditing is determined as an essential means of the exact management of any business economic resources. Concurrently, corporate governance has received wide attention in recent years, both in practice and in academic research because of the main accounting scandals and large-scale corporate failures. The Institute of Internal Auditors presents that regardless of the reporting relationship the organization chooses, there are primary measures that will ensure that the reporting lines, support and enable the effectiveness and autonomy of the internal audit function. Corporate governance has become an increasingly critical issue after the corporate affairs which occurred all over the world and its specific role in the steadiness of financial intermediaries was highlighted by the intense crisis which impacts the financial markets from the summer of 2007. In fact, for financial intermediaries, the governance chain is all the more important not only because the intermediaries are basically in the business of risk acceptance, but also due to their peculiar role within the economy in the aggregation and transfer of financial resources. Regulation may impact on financial venture taking by financial intermediaries by way of the decision-making process pointed out in the various possible legal structures set forth by the law.

  6. Confederation and federation in the general theory of law and state and in positive law (part one

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  7. The maturity of Nuclear Law

    International Nuclear Information System (INIS)

    Martinez Favini, J.A.

    1985-01-01

    The ever-increasing use of atomic energy since 1950 has generated a set of rules called for practical reasons Nuclear Law. This branch of law covers a wide scope of related activities and, specialized studies have apparently foreseen all conceivable hypotheses. The international character of Nuclear Law explains the basic harmony of international legislation. The methods of comparative Law and International Private Law as well as the joint, indepth work of scientists and jurists will bring about steady progress towards legislative unity and prompt solution to conflicts. The expectable revitalization of nuclear-electric programs early in the 21st. century will give rise to a Nuclear juridical community which can already be perceived through the maturity Nuclear Law has reached. (Author) [es

  8. NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

    Directory of Open Access Journals (Sweden)

    MARIUS VACARELU

    2012-05-01

    Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

  9. Levy's zero-one law in game-theoretic probability

    OpenAIRE

    Shafer, Glenn; Vovk, Vladimir; Takemura, Akimichi

    2009-01-01

    We prove a game-theoretic version of Levy's zero-one law, and deduce several corollaries from it, including non-stochastic versions of Kolmogorov's zero-one law, the ergodicity of Bernoulli shifts, and a zero-one law for dependent trials. Our secondary goal is to explore the basic definitions of game-theoretic probability theory, with Levy's zero-one law serving a useful role.

  10. THE BECOMING-OTHER OF LAW: PRELIMINARIES FOR A CITIZEN'S CONCEPTUALIZATION OF LAW

    OpenAIRE

    Miranda, Ricardo

    2017-01-01

    Abstract: The author's hypothesis is that modern legal theories view law solely from the standpoint of ruling class or, in Hartian language, from the external point of view. Why? In sume because legal philosophers have implicitly accepted law as the exclusive domain of government and partisan politics. This approach, however, has been disrupted by poststructuralist political developments, which serve as a powerful impetus to modify prevailing concepts. This analysis begins with Benjamín Ardit...

  11. Local Government in the South Pacific Islands

    Directory of Open Access Journals (Sweden)

    Graham Hassall

    2008-04-01

    Full Text Available In this paper we seek to answer some basic questions about the condition of local government in the Pacific. Firstly, we examine what is meant by ‘local government’ in the various islands and for that matter how Pacific Island states have perceived and accepted local government institutions in practice; second, we ask basic questions about existing legal and constitutional recognition and powers; and third, we provide initial findings on current per capita expenditure and local government financial viability in a number of Pacific cities and towns. We also make some observations on current moves towards local government reform.

  12. TORT CHOICE OF LAW AND INTERNATIONAL FUNDAMENTAL ...

    African Journals Online (AJOL)

    OLAWUYI

    The question then was which Province's law should govern. ... rigid rule on the international level could give rise to injustice, in certain ..... practice the lex loci, six practice a hybrid model, five practice the better law, three practice significant.

  13. Government policies, inequality and basic needs in Ecuador.

    OpenAIRE

    Vos R

    1985-01-01

    ILO pub-WEP pub-PREALC pub. Working paper on development policy, basic needs and poverty in Ecuador - discusses economic policy, and access to public expenditure; argues that income redistribution does not necessarily result from rural area infrastructure, health service, housing and educational expenditure. References, statistical tables.

  14. Contesting sharia: state law, decentralization and Minangkabau custom

    OpenAIRE

    Huda, Yasrul

    2013-01-01

    This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes that religious matters are excluded from the authority of local government, the legislation of Sharia by local authorities is justified by the argument that Sharia, in addition to Minangkabau custom...

  15. 45 CFR 5.68 - Exemption seven: Law enforcement.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Exemption seven: Law enforcement. 5.68 Section 5... INFORMATION REGULATIONS Reasons for Withholding Some Records § 5.68 Exemption seven: Law enforcement. We are not required to disclose information or records that the government has compiled for law enforcement...

  16. 32 CFR 644.440 - Application of antitrust laws.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Application of antitrust laws. 644.440 Section... Application of antitrust laws. Section 207 of the Federal Property Act provides that real property and related... the antitrust laws. Prior to obligating the Government on any such disposal, the District Engineer...

  17. Evolution of municipal law in 2014-2016.

    Directory of Open Access Journals (Sweden)

    Yury Blagov

    2017-01-01

    Full Text Available УДК 342The subject. This article is devoted the municipal reform 2014-2016. The reform of state are institutes of territorial organization, organizational principles, competency bases of local self-government.The purpose of this paper is to show that the municipal reform 2014-2016 is directed on limiting local self-government and the subordination of local self-government to state authorities of the subjects of Russia.Methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope. Urban districts with intracity and intercity division areas – two new municipalities have been legally introduced. In science municipal law formed two points of view on the admissibility and feasibility of separating the urban district in the inner city areas. According to the first point of view, the separation of large urban districts in the inner city areas is acceptable and appropriate. According to the second point of view, the separation of large urban districts in the inner city areas is unacceptable and inappropriate. The author adheres to the second point of view, since the introduction of a two-tier model of local government organization would violate the principle of unity of municipal economy, will lead to the rupture of a single urban space on the organizational and financial sustainability areas dependent city district, will lead to a sharp increase in the number of deputies and municipal employees, unnecessary increase financial expenses.Municipal and regulatory policy in the sphere of organizational principles of local self-government is aimed at the maximum limit of direct elections of the population of the local self-government, which leads to their further alienation from the local authorities (the direct election of saved only 11 urban districts (13 %, which are the administrative centers of the subject of the Russian Federation. In addition, the actual

  18. Ascertainment of Customs and Personal Laws in Medieval Italy from the Lombard Kingdom to the Communes

    Directory of Open Access Journals (Sweden)

    Claudia Storti

    2016-01-01

    Full Text Available The medieval systems of law in Italy and Europe have been proposed as a sort of virtual laboratory to deal with the issue of ensuring that the principle of equality in the rule of law be compatible with the recognition of indigenous peoples’ customs. The legal framework of the medieval communes sought to strike a balance between the general interest in having legal certainty and uniformity with the citizens’ interest in ruling their family life and economic assets according to their cultural and social values. Up until the 14th century, in Lombardy an individual’s legal status, family and inheritance continued to be ruled according to the customs of the individual’s natio, be they Lombard or Roman. The ascertainment of customs is an arduous task, as oral customs are fluid and vary from place to place and from family to family. For this reason, in the Middle Ages ascertainment was always entrusted to judges and legal experts (sapientes. Until a few decades ago, recognising and enforcing customs was mostly unthinkable due to legal positivism and the principle of equality. Now, however, the limits of the principle of legal equality are well known: »Legal positivism was not able to abolish status« (G. Alpa. The recognition of »legal Indigenous status« provides continuity between the past (the Middle Ages and present (Indigenous Peoples Basic Law. Just as in the past, when living according to a given natio’s laws and customs did not mean self-government, so today the enforcement of an indigenous peoples’ basic law should not undermine the sovereignty of the State.

  19. Thermodynamic Laws Applied to Economic Systems

    Science.gov (United States)

    González, José Villacís

    2009-01-01

    Economic activity in its different manifestations--production, exchange, consumption and, particularly, information on quantities and prices--generates and transfers energy. As a result, we can apply to it the basic laws of thermodynamics. These laws are applicable within a system, i.e., in a country or between systems and countries. To these…

  20. RELATION BETWEEN BASIC PHYSICAL CAPABILITIES AND THE THEORETIC KNOWLEDGE LAWS OF THE GAME WITH THE SUCCESS OF REFREEING OF FOOTBALL REFEREES

    OpenAIRE

    Rusmir Mrković; Munir Talović; Midhat Mekić; Eldin Jelešković; Haris Alić

    2011-01-01

    The aim of this research is to establish a relation in-between the basic physical capabilities and the theoretic knowledge laws of the game with the success in refereeing of football referees of the Sarajevo Canton. The population from which samples were taken are football referees of the Sarajevo Canton, 90 of them, age span from 18- 45 years of age and who have met the criteria for getting a license to be referees in football matches in the next season at all levels of competition in Bosnia...

  1. Beyond shareholder primacy? Reflections on the trajectory of UK corporate governance.

    OpenAIRE

    Armour, J.; Deakin, S.; Konzelmann, Suzanne J.

    2003-01-01

    Core institutions of UK corporate governance, in particular the City Code on Takeovers and Mergers, the Combined Code on Corporate Governance and the law on directors’ duties, are strongly orientated towards the norm of shareholder primacy. Beyond the core, however, stakeholder interests are better represented, in particular at the intersection of insolvency and employment law. This reflects the influence of European Community laws on information and consultation of employees. In addition, th...

  2. 5 CFR 1201.125 - Administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action... complaint seeking disciplinary action against a Federal or District of Columbia government employee for a...

  3. The Normalising Power of Marriage Law: An Irish Genealogy, 1945 – 2010

    OpenAIRE

    McGowan, Deirdre

    2015-01-01

    Marriage law is often conceptualised as an instrument of power that illegitimately imposes the will of the State on its citizens. Paradoxically, marriage law is also offered as a route to liberation. In this thesis, I question the efficacy of this type of analysis by investigating the actual power effects of marriage law. Using Michel Foucault’s concepts of bio-power and government, and his genealogical approach to history, I identify the role played by marriage law in governing the social do...

  4. Powerful subjects of tax law enforcement

    Directory of Open Access Journals (Sweden)

    Igor Dementyev

    2017-01-01

    Full Text Available УДК 342.6The subject. Competence of government bodies and their officials in the sphere of application of the tax law is considered in the article.The purpose of research is to determine the ratio of tax enforcement and application of the tax law, as well as the relationship between the concepts “party of tax enforcement” and “participant of tax legal relations”.Main results and scope of their application. The circle of participants of tax legal relations is broader than the circle of parties of tax law enforcement. The participants of tax legal relations are simultaneously the subjects of tax law, because they realize their tax status when enter into the tax relationships. The tax and customs authorities are the undoubted parties of the tax law enforcement.Although the financial authorities at all levels of government are not mentioned by article 9 of the Tax Code of the Russian Federation as participants of tax relations, they are parties of tax enforcement, because they make the agreement for deferment or installment payment of regional and local taxes.Scope of application. Clarification of participants of tax legal relations and determination of their mutual responsibility is essential to effective law enforcement.Conclusion. It was concluded that the scope tax law enforcement is tax proceedings, not administrative proceedings, civil (arbitration proceedings or enforcement proceedings.The application of the tax law is carried out not only in the form of tax relations, but also in relations of other branches of law.

  5. Imperialism and accountability in corporate law: the limitations of incorporation law as a regulatory mechanism

    OpenAIRE

    Foster, Nicholas HD; Ball, Jane

    2006-01-01

    This article discusses the limitations of the law incorporating a corporation (‘incorporation law’) as a control or governance mechanism in a world where it is increasingly difficult to prevent corporations choosing the incorporation law which suits them best. It uses as an example of the globalising pressures in this field three important cases on the right of establishment in the European Union.

  6. 76 FR 23541 - Proposed Information Collection; Comment Request; Government Units Survey

    Science.gov (United States)

    2011-04-27

    ... the United States; (2) To obtain descriptive information on the basic characteristics of governments... basic information on the governing board, authorizing legislation, the Web address, agency activity, and.../pension plan, government activity, public services, judicial or legal activities, and finance. The first...

  7. 16 CFR 436.10 - Other laws and rules.

    Science.gov (United States)

    2010-01-01

    ... CONCERNING FRANCHISING Other Provisions § 436.10 Other laws and rules. (a) The Commission does not approve or... franchise practices laws of any state or local government, except to the extent of any inconsistency with...

  8. Rule of law on the go : new developments of mobile governance

    OpenAIRE

    Poblet, Marta

    2011-01-01

    This paper offers an overview of the emerging domain of mobile governance as an offspring of the broader landscape of e-governance. Mobile governance initiatives have been deployed everywhere in parallel to the development of crowdsourced, open source software applications that facilitate the collection, aggregation, and dissemination of both information and data coming from different sources: citizens, organizations, public bodies, etc. Ultimately, mobile governance can be seen as a tool to ...

  9. THE ROLE OF LOCAL GOVERNMENT IN EVICTIONS

    African Journals Online (AJOL)

    Jeannie

    of local government laws was passed to kick-start a new local government structure .... when it is being used for business, trade or industrial purposes. 18 ..... The rationale behind joinder is one of convenience - time, effort and costs are saved.

  10. CORPORATE GOVERNANCE – WAY OF GOVERNANCE FOR MODERN COMPANIES

    Directory of Open Access Journals (Sweden)

    Alina HAGIU

    2016-05-01

    Full Text Available Through corporate governance is aimed the building of a structure enabling a wide degree of freedom, within the law, and includes several changes of principle in accordance with international standards of transparency. A good governance within an organization mitigate risk, increase performance, pave the way towards financial markets, brings competitive goods and services on market, improves management style, show transparency towards all stakeholders and social responsibility. The lack of some mandatory rules and structures can lead to chaos in business. The paper aims to present the role and the importance of the corporate governance for modern companies, as well as the principles on which this is based. In order to do that we also identified the main ways to quantificate the level of corporate governance, including also the non-financial performance criteria used by investors to assess companies listed on stock exchange.

  11. Monte Carlo: Basics

    OpenAIRE

    Murthy, K. P. N.

    2001-01-01

    An introduction to the basics of Monte Carlo is given. The topics covered include, sample space, events, probabilities, random variables, mean, variance, covariance, characteristic function, chebyshev inequality, law of large numbers, central limit theorem (stable distribution, Levy distribution), random numbers (generation and testing), random sampling techniques (inversion, rejection, sampling from a Gaussian, Metropolis sampling), analogue Monte Carlo and Importance sampling (exponential b...

  12. Environmental law. 2. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)

    2008-07-01

    The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.

  13. The unity of laws, principles and consistent patterns of social education

    Directory of Open Access Journals (Sweden)

    Volodymyr Kostiv

    2017-03-01

    Full Text Available The article reveals the essence of social, educational and synergetic laws of basiccultural identity development, laws and principles of social education of young generation.Key words: law, pattern, principle, public law of basic cultural identity development,pedagogical law of integrative qualities formation in children and youth, synergetic law ofself-improvement, integrative personal traits self-improvement.

  14. Changes in environmental law

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics. (orig.) [de

  15. The South China Sea Dispute : Perspective of International Law

    NARCIS (Netherlands)

    Ma, Xuechan

    2016-01-01

    This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of

  16. The specificity and scope of European Union finance law

    Directory of Open Access Journals (Sweden)

    Marcin Tyniewicki

    2015-06-01

    Full Text Available Basically, Polish science of financial law quite broadly takes the problems concerning public finance of the European Union (EU. However, it should be noticed that the considerations largely refer to the detailed issues within the confines of individual branches of EU financial law, eg. in areas of tax harmonization or single financial market. At the same time there is an insufficiency or even minuteness publications with doctrinal and theoretical nature referring to the general and fundamental issues of financial law of the EU. There may be numbered such issues among others as definitions, scope and internal structure of this law, its legal sources etc. Generally two areas should be object of the basic scientific researches in reference to the issues mentioned above. First one is financial law of the EU and the second one – its influence and effect of this influence on Polish financial law. In this article there will be undertaken considerations referring to the first area aimed at defining the specifity and scope of EU financial law.

  17. Occupational safety and health law handbook

    Energy Technology Data Exchange (ETDEWEB)

    Sarvadi, D.G. [ed.; Keller; Heckman

    1999-09-01

    This book reviews the regulations and standards governing the protection of employees in the workplace and provides insight into dealing with pertinent regulations and regulatory authorities. Written for safety professionals, industrial hygienists, human resource professionals, attorneys, and students, this companion to Government Institutes' best-selling ``Environmental Law Handbook'' offers the legal fundamentals behind occupational safety and health laws in one concise and authoritative volume. In 19 chapters, the authoring law firm of Keller and Heckman cover the OSHAct and its development; OSHA, NIOSH, and OSHRC; the roles played by other regulatory agencies; the OSHA rulemaking process; OSHA Standards and the General Duty Clause; record keeping and reporting; employers' and employees' rights; inspections; violations, penalties, and how to contest them; criminal prosecutions; state plans; industry-specific issues; OSHA reform; and international regulations and standards. This book references approximately 400 seminal OSHA legal decisions from the approximately 1,300 cases on record and includes coverage of Canadian and European Community regulations, making it the first comprehensive global overview of occupational safety and health law.

  18. Model Penguatan Kapasitas Pemerintah Desa dalam Menjalankan Fungsi Pemerintahan Berbasis Electronic Government (E-Government menuju Pembangunan Desa Berdaya Saing

    Directory of Open Access Journals (Sweden)

    Sulismadi Sulismadi

    2017-06-01

    Full Text Available One aspect that needs to be studied more deeply about the village administration in the era of village autonomy is the ability of the human resources in the management of village government in accordance village governance objectives and the demands of, “Undang – undang no 06 Tahun 2014 about the village. The capacity of the village government deemed not qualified to run the authority possessed by law the village. Weak capacity of rural government impact on law implementation failure that led to the poor rural village development. This study examines these issues. This study used qualitative research methods. The unit of analysis of this research that the village government Landungsari Dau District of Malang, East Java. This study was conducted over three years (2016, 2017, 2018. The findings of the research during the last four months in the first year of the study is Landungsari village administration showed a good performance in governance at the village of village autonomy era (the era of the Village Law. The village government is able to carry out rural development planning, village administrative governance, and the financial management of the village properly. Nevertheless, the village government also faces serious problems is the lack of human resource capacity of the village administration, village very less quantity, and village officials do not understand the duties of each. To address these issues, the village government seeks to organize village governance based on information technology (e-government, but the effort has not worked well because the village government does not have a human resources professional in the field of information technology and the village government does not have enough budget to develop the e-government program. Therefore, the research team conducting FGD on the development of e-government program. FGD village government resulted in an agreement in cooperation with governmental science labs and e-government

  19. Governance matters: an ecological association between governance and child mortality.

    Science.gov (United States)

    Lin, Ro-Ting; Chien, Lung-Chang; Chen, Ya-Mei; Chan, Chang-Chuan

    2014-09-01

    Governance of a country may have widespread effects on the health of its population, yet little is known about the effect of governance on child mortality in a country that is undergoing urbanization, economic development, and disease control. We obtained indicators of six dimensions of governance (perceptions of voice and accountability, political stability and absence of violence, government effectiveness, regulatory quality, rule of law, and control of corruption) and national under-5 mortality rates for 149 countries between 1996 and 2010. We applied a semi-parametric generalized additive mixed model to examine associations after controlling for the effects of development factors (urbanization level and economy), disease control factors (hygienic conditions and vaccination rates), health expenditures, air quality, and time. Governance, development, and disease control showed clear inverse relations with the under-5 mortality rate (pcountry's need for better governance is as important as improvements in development and disease control. © The Author 2014. Published by Oxford University Press on behalf of Royal Society of Tropical Medicine and Hygiene.

  20. Revisiting Kant's universal law and humanity formulas

    NARCIS (Netherlands)

    Nyholm, S.R.

    2015-01-01

    This book offers new readings of Kant’s "universal law" and "humanity" formulations of the categorical imperative. It shows how, on these readings, the formulas do indeed turn out being alternative statements of the same basic moral law, and in the process responds to many of the standard objections

  1. Bernard Bekink's principles of South African Local Government Law ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 9, No 3 (2006) >. Log in or Register to get access to full text downloads.

  2. European and Czech principles of contract law

    OpenAIRE

    Horáková, Monika

    2008-01-01

    8 Summary European and Czech Principles of Contract Law This thesis is focused on principles of contract law. In the first instance, it explains the theoretical conception of principles of law and adverts to their status in the Czech legal system. The second Chapter of the thesis dissertates about basic principles of the Czech private law starting with the principle of freedom of contract, ends with the principles of good faith and fair dealing. The main part of the thesis deals with the Euro...

  3. Bowett's law of international institutions

    CERN Document Server

    Sands, Philippe

    2009-01-01

    Bowett's Law of International Institutions is the leading introduction to this complex, important and growing area of international law, with increasing significance for developments at the national level. Covering all the major global, regional and judicial institutions and all international organisations that regulate aspects of development and providing an introductory overview of the law of international organisations, including international courts and tribunals as a whole. The book offers a basic framework, insights into some of the more essential issues, and indications of where to find more detail. Bowett's is essential reading for students of international law and international relations and will also be of considerable interest to lawyers practising in the area.

  4. People, Governance and Forests—The Stumbling Blocks in Forest Governance Reform in Latin America

    Directory of Open Access Journals (Sweden)

    Arnoldo Contreras-Hermosilla

    2011-01-01

    Full Text Available This article examines common barriers to achieving adequate levels of forest resource governance in countries of Latin America. It looks at the deficiencies of the policy and regulatory frameworks affecting forests, the common failure to impose the rule of law, the main factors that constrain the effectiveness of government actions in the forest sector and at the political barriers to introducing reforms for change in governance structures. The elimination of these barriers acquires new importance in the implementation of successful REDD+ programs in the countries of the region.

  5. Law and Protestantism in Denmark

    DEFF Research Database (Denmark)

    Tamm, Ditlev

    2016-01-01

    This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church....... The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former...... faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582....

  6. Emergence of the second law out of reversible dynamics

    NARCIS (Netherlands)

    Willigenburg, van L.G.; Koning, de W.L.

    2009-01-01

    Abstract If one demystifies entropy the second law of thermodynamics comes out as an emergent property entirely based on the simple dynamic mechanical laws that govern the motion and energies of system parts on a micro-scale. The emergence of the second law is illustrated in this paper through the

  7. The Proprietary Foundations of Corporate Law

    OpenAIRE

    John Armour; Michael J Whincop

    2005-01-01

    Recent work in both the theory of the firm and of corporate law has called into question the appropriateness of analysing corporate law as ‘merely’ a set of standard form contracts. This article develops these ideas by focusing on property law’s role in underpinning corporate enterprise. Rights to control assets are a significant mechanism of governance in the firm. Practical circumstances dictate that such rights must be shared. Property law protects the rights of co-owners against each othe...

  8. Human Rights Arrangement on Indonesian Law

    Directory of Open Access Journals (Sweden)

    S. Masribut Sardol

    2014-01-01

    Full Text Available Article 1 paragraph (3 of the Constitution of 1945 (UUD 1945 stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J, have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011. How To Cite: Sardol, S. (2014. Human Rights Arrangement on Indonesian Law. Rechtsidee, 1(1, 85-100. doi:http://dx.doi.org/10.21070/jihr.v1i1.105

  9. Laws of emotion

    NARCIS (Netherlands)

    Frijda, N.H.

    2006-01-01

    The Laws of Emotion is an accessible new book that reviews much of the insightful new research on emotions conducted over the last ten years. It expands on the theory of emotions introduced in Nico Frijda's earlier work, and addresses a number of unanswered, basic problems on emotion theory. The

  10. Origins and framework of environmental law in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Robinson, N A

    1975-11-01

    A sensitivity for protecting the environment has opened a new field of Environmental Law, backed by government allocations, legal and administrative procedures, and public involvement. Environmental laws, however, remain responsive to new scientific and technological discoveries and expanding public pressures for both environmental protection and energy. Prior to the 1960s, there were laws to regulate resource exploitation, preserve natural areas, correct past damage, protect public health, control land use, and preserve common law and equity. Since then environmental concerns have become laws, agencies, and part of the law school curriculum. New regulations requiring accountability from the private sector, local governments, and public corporations (e.g., utilities) tend to cut across jurisdictions and require changes in governmental relationships. The legal tools available for protecting the environment include (1) regulation, such as permit and licensing systems and allocations; (2) procedural innovations, such as environmental impact analysis and reporting; (3) direct action, such as imposed air and water quality standards; (4) taxation; (5) government spending and contracting, as in solid waste disposal; (6) grants-in-aid and loans; (7) court enforcement; (8) coordinated land use; and (9) research. Citizen participation in the use of these tools has been vital to the momentum of an environmental protection concept. (150 references) (DCK)

  11. New Federalism: Back to Basics.

    Science.gov (United States)

    Durenberger, Dave

    1983-01-01

    The senator explains the basic concepts of New Federalism, including a rethinking of responsibilities and intergovernmental relations and a reconsideration of the role of state and local government. (SK)

  12. The roles of government

    International Nuclear Information System (INIS)

    Aigrain, P.

    1988-01-01

    The author chooses to address his talk to governments as a broad category, not differentiating the more centralized, socialized, federal, or for that matter the role of smaller governmental entities within countries, and the role they can have in impacting science. He chooses to try to say what governments should do, and with a few exceptions, what they should avoid doing, in order to support the development of physics, and for that matter other sciences within their countries. The major role is in education, where governments can prepare people for work in these disciplines, and also present the disciplines in an interesting manner so that the best minds can be attracted to these areas. The second major role is in the support of basic research in high technology areas. Some of this involves very large resource investments, but not all areas are equally expensive to support. There is a particular pitfall when governments become the consumer for basic research, for example in the case of national defense concerns, when the consumer can have a profound effect on the research effort in a country, not always for the betterment of science or society. Fiscal matters are equally important, not only in the support of the individual worker, support of the basic research, support of education, but also in the general attititude to supporting physics high tech work in the private sector within countries. Governmantal fiscal policies can have profound influences on the way private capital flows into such initiatives. Finally he touches on the need for those in basic research and high tech work to have contacts, all kinds of contacts, which foster the exchange of information and ideas, and the development of new approaches to old and new problems

  13. 48 CFR 16.702 - Basic agreements.

    Science.gov (United States)

    2010-10-01

    ... attachment the required and applicable clauses agreed upon in the basic agreement. A basic agreement is not a... Government to place future contracts or orders with the contractor; or (3) Be used in any manner to restrict... (including reference to each amendment) or by attachment. (2) The contracting officer shall include clauses...

  14. Energy law. The legal boundary conditions of power supply. 2. rev. ed.; Grundriss zum Energierecht. Der rechtliche Rahmen fuer die Energiewirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Stuhlmacher, Gerd [E.ON Global Commodities SE, Duesseldorf (Germany); Stappert, Holger; Jansen, Guido (eds.) [Luther Rechtsanwaltsgesellschaft mbH, Duesseldorf (Germany); Schoon, Heike [BDEW Bundesverband der Energie- und Wasserwirtschaft e.V., Berlin (Germany)

    2015-11-01

    Now appearing in its second edition, this book presents a comprehensive overview of the legal framework governing the energy sector. It provides readily understandable coverage, across the relevant subfields of law, of the legal regulations applicable to any manner of activity in the energy sector along with a wealth of practical advice on the interpretation and application of legal provisions. The content has been thoroughly revised, updated to reflect the current status of legislation and supplemented with numerous chapters. The 2014 amendment of the Renewable Energy Law (EEG) and its practical impact have also been taken into account. The following topics are covered amongst others: unbundling of network operation; connection and access to networks and metering; network charges and incentive regulation; easement contracts; energy supply and basic services; energy and electricity taxes; cartel law, law on operating aids, procurement law; energy trade OTC and at exchanges; energy trade surveillance law; fuel production and fracking; conventional and nuclear power production; renewable energy production (including offshore production); energy storage and power-to-gas; transmission line construction; climate protection (including the 2014 EEG, emission trade and the Law on the Promotion of Renewable Energy in the Heat Sector); cogeneration law, district heating and contracting; and investment protection.

  15. Business Climate and Good Governance

    Directory of Open Access Journals (Sweden)

    Besmira Manaj

    2015-03-01

    Full Text Available This paper consists of three factors, namely: Good Governance, Business Climate and Corruption. How they affect the development product of Albania, not only as a concept, and a principle but mostly as a sensitive aspect in the integration process. There are some interpretations of this concept, but I intend to analyze the key factors and actors, their cooperation and concrete production in society. Improving governance is necessary to have an integrated long term strategy based upon a continuous cooperation between institutions and citizens. But in developing countries like Albania there are some important questions such as: How can we measure the improvement of Good Governance through policies? Has Good Governance indicated an effective way for the sustainable development? (Meisel, 2008, 6. These question give us the orientation to reflect about the process of development, social economic political behavior and how this multidimensional is transformed in product of good governance. The business cycle is strongly connected with many aspects of political-, social-, juridical aspects and good governance. Despite attempts to draft law regulations, the level of corruption and informality in Albania continues to be a major obstacle. The credibility level in the implementation of law is an indicator that affects democratization and institutional integration. At present, different reports of international institutions, define Albania as the country with the highest level of Corruption in the Balkans, which is a key factor influencing business. The ways with

  16. Conclusion: the role of the EU in the legal dimension of global governance

    NARCIS (Netherlands)

    Van Vooren, B.; Blockmans, S.; Wouters, J.; Van Vooren, B.; Blockmans, S.; Wouters, J.

    2013-01-01

    This chapter revisits the main themes of the preceding discussions on the EU's role in global governance. These include rule law based collective governance, security governance, trade governance, environmental governance, financial governance, and social governance. Across different areas of

  17. Corporate Governance in the Swedish Banking Sector

    OpenAIRE

    Palmberg, Johanna

    2010-01-01

    This paper studies the corporate governance structure among Swedish banks. Who controls the Swedish banks and what characteristics does the Swedish banking sector have? Issues related to corporate governance such as ownership structure, board of directors and control-enhancing mechanisms will be studied. The Swedish banking law, how Swedish banks handled the financial crises and government measures to deal with the financial crisis is also analyzed.

  18. Dynamic Support of Government in Online Shopping

    OpenAIRE

    Hai, Le Chi; Alam Kazmi, Syed Hasnain

    2015-01-01

    Advancements in online shopping for consumers requires consistent government support policies and the introduction of substantial government laws and regulations. In order to establish innovative developments in online shopping market environment that makes online shopping faster and stable, the government perspective is vital with the Technology Acceptance Model (TAM) for research and development in online shopping behavior for consumer’s confidence and their purchase intention. The proposed...

  19. Supervision in compliance with nuclear law

    International Nuclear Information System (INIS)

    Anon.

    1989-01-01

    Disputes about the exercise of supervision by the state in the course of erection and operation of a nuclear power station are to be dealt with in the first instance by a higher administrative court (Art. 2, Sec. 9, sub-sec (1) No. 1 EntlG). If the state - as provided for in Sec. 7, sub-sec. (1) Atomic Energy Act - in fulfilment of its obligation under the Basic Law, to protect the life, health and property of the citizens, demands a specific licensing procedure to be applied for certain hazardous activities, any citizen whose rights are endangered by such activity hence has the right under public law, on the basis of the procedural provisions to be interpreted in the light of the Basic Law, to claim vis-a-vis all public authorities that the procedure provided for is observed, so as to ensure that infringement of the citizen's rights thus protected cannot be done, or connived, without the license required by the state. (orig.) [de

  20. THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

    Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

  1. Energy law and the environment

    Energy Technology Data Exchange (ETDEWEB)

    Rosemary Lyster; Adrian Bradbrook [University of Sydney, Sydney, NSW (Australia)

    2006-08-15

    The current unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. Contents are: Overview of energy production and use in Australia; 2. Energy technologies and sustainable development; 3. Energy, international environmental law and sustainable development; 4. Evaluating Australian government initiatives relating to energy, climate change and the environment; 5. Sustainable energy in the Australian electricity and gas sectors; 6. State government initiatives relating to energy and the environment; 7. A sustainable energy law future for Australia. 2 apps.

  2. Children’s Protection in the Issue of Hadhanah Based on Islamic Family Law and The Law of Thailand

    Directory of Open Access Journals (Sweden)

    Rohanee Machae

    2016-12-01

    Full Text Available This paper analyses Children Protection in the Islamic Family Law of Southern Thailand and the Civil Law of Thailand. The common issue faced by the Court or the District Islamic Department is the rising number of hadhanah claim cases. This research is meant to investigate the rights of children regarding hadhanah based on the Islamic Family Law of Southern Thailand and to what extent the laws follow the principles of Islamic law. This research utilized few approaches which are the content, deductive, inductive, and comparative analysis. Basically, the findings suggest that the differences between the two laws can be accepted as both laws originated from distinguished backgrounds. Therefore, both laws play crucial roles in completely protecting the children in hadhanah cases, as well as promising safety and peaceful life for the children even though their parents’ relationship is in crisis.

  3. Law Panel in action.

    Science.gov (United States)

    Odulana, J

    In September 1976 the Africa Regional Council (ARC) of IPPF created a Law Panel to 1) advise the ARC on the emphasis of laws and parenthood programs in the region, 2) investigate legal obstacles to family planning and ways of removing them, 3) institute a monitoring service on laws and court decisions affecting planned parenthood, and 4) prepare a list of lawyers and legal reformers by country. The panel has 1) recommended adoption of an IPPF Central Medical Committee and Central Law Panel statement on sterilization, adolescent fertility control, and the use of medical and auxiliary personnel in family planning services with guidelines for Africa; 2) appointed National Legal Correspondents to carry on the monitoring service mentioned above in 18 countries; and 3) discussed solutions to problems in delivering family planning services with family planning associations in Tanzania, Zambia, Mauritius, Madagascar, and Kenya. Laws governing family planning education and services, marriage, divorce, and maternity benefits in these countries are summarized. In 1978 the panel will hold 2 workshops on law and the status of women.

  4. [Evidence-based medicine and public health law: statutory health insurance].

    Science.gov (United States)

    Dreher, Wolfgang

    2004-09-01

    Beyond all differences in terminology and legal principles between the laws governing private health insurance, the governmental financial support for civil, servants and statutory health insurance the fundamental issues to be solved by the courts in case of litigation are quite similar. But only a part of these refer to the quality of medical services, which is the main concern of Evidence-based Medicine (EbM); EbM, though, is not able to contribute towards answering the equally important question of how to distinguish between "treatment" and "(health-relevant) lifestyle". The respective definitions that have been developed in the particular fields of law are only seemingly divergent from each other and basically unsuitable to aid the physician in his clinical decision-making because the common blanket clauses of public health law are regularly interpreted as rules for the exclusion of certain claims and not as a confirmatory paraphrase of what is clinically necessary. If on the other hand medical quality is what lies at the core of litigation, reference to EbM may become necessary. In fact, it is already common practice in the statutory health insurance system that decision-making processes in the Federal Committee being responsible for quality assurance (Bundesausschuss) are based on EbM principles and that in exceptional cases only the courts have to medically review the Federal Committee's decisions.

  5. Derivation of the Biot-Savart Law from Ampere's Law Using the Displacement Current

    Science.gov (United States)

    Buschauer, Robert

    2013-12-01

    The equation describing the magnetic field due to a single, nonrelativistic charged particle moving at constant velocity is often referred to as the "Biot-Savart law for a point charge." Introductory calculus-based physics books usually state this law without proof.2 Advanced texts often present it either without proof or as a special case of a complicated mathematical formalism.3 Either way, little or no physical insight is provided to the student regarding the underlying physics. This paper presents a novel, basic, and transparent derivation of the Biot-Savart law for a point charge based only on Maxwell's displacement current term in Ampere's law. This derivation can serve many pedagogical purposes. For example, it can be used as lecture material at any academic level to obtain the Biot-Savart law for a point charge from simple principles. It can also serve as a practical example of the important fact that a changing electric flux produces a magnetic field.

  6. Challenges confronting health care workers in government's ARV ...

    African Journals Online (AJOL)

    Challenges confronting health care workers in government's ARV rollout: rights and responsibilities. ... Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... Unless the rights of HCWs are recognised and their needs adequately addressed, the best laid plans of government will be at risk.

  7. An accurate von Neumann's law for three-dimensional foams

    NARCIS (Netherlands)

    Hilgenfeldt, Sascha; Kraynik, Andrew M.; Koehler, Stephan A.; Stone, Howard A.

    2001-01-01

    The diffusive coarsening of 2D soap froths is governed by von Neumann's law. A statistical version of this law for dry 3D foams has long been conjectured. A new derivation, based on a theorem by Minkowski, yields an explicit analytical von Neumann's law in 3D which is in very good agreement with

  8. Governance in the marine environment

    OpenAIRE

    Appleby, T.

    2015-01-01

    The governance of the UK Overseas Territories and Crown Dependencies is complex, endlessly fascinating and often politically charged. There is no area where this complexity is more demonstrable than in the marine environment, where the issues of extended maritime boundaries granted under the United Nations Convention on the Law of the Sea, fishing and prospecting rights, marine conservation and competing sovereignty mean that the practical application of the law in this area is particularly d...

  9. LOCAL GOVERNMENT ROLE IN THE SOLVING OF CATCHING FISH ILLEGALLY IN ACEH REGION

    Directory of Open Access Journals (Sweden)

    Adwani

    2016-01-01

    Full Text Available This study aimed to describe the shape of local government actions in tackling illegal fishing in Aceh, the handling of illegal fishing destructive fishery resources. The fundamental point is Law No. 45 Year 2009 concerning fisheries. This spesification of this research descriptive analysis, used both normative juridical approach and empirical. The results showed that the local government has made an effort preventive and repressive in the case of illegal fishing. To coordinate with relevant agencies and empower the role of traditional institutions of the sea to assist the role of government and law enforcement.Local governments should improve the coordination and supervision of the marine area, to monitor and evaluate the performance of local authorities in applying the law against this illegal fishing case.

  10. Contesting sharia : state law, decentralization and Minangkabau custom

    NARCIS (Netherlands)

    Huda, Yasrul

    2013-01-01

    This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes

  11. Ninth German symposium on atomic energy law

    International Nuclear Information System (INIS)

    Lukes, R.; Birkhofer, A.

    1991-01-01

    The symposium dealt with the forthcoming amendment to the Atomic Energy Law. There was an introductory presentation of the plans of the Federal Government for the amendment the aims attached to the amendment as seen by the Social Democratic Party and the revival of the nuclear option. The topics of the five work sessions were: questions concerning constitutional law - Laender administration on behalf of the Federal Government - subordinate legislation in the system of energy law; legislation on liability; financial security financing of decommissioning; licensing, supervision, retrofitting; waste disposal, ultimate waste disposal, fuel cycle. All lectures held in the work sessions and the reports on the discussions following them are included. Finally the amendment project was considered from the technological point of view and a resume was drawn. All 22 lectures have been seperately prepared for retrieval from the database. (HSCH) [de

  12. Mining law and energy law in the context of today's most urgent problems

    International Nuclear Information System (INIS)

    Hueffer, U.; Ipsen, K.; Tettinger, P.J.

    1989-01-01

    Present mining law and energy law is discussed in 29 papers. Fundamental aspects of legal policy are discussed from the view of the Federal Government and of the Land of Nordrhein-Westfalen. Among the subjects discussed are: Property rights and mining; brown coal projecting; instruments for the promotion of power generation from coal; law on mining damage, industrial safety, and social security. There are several papers on legal problems of power supply, e.g. the autonomy of public utilities, the construction of power supply networks, the utilisation of renewable energy sources, waste incineration, and court decisions in the nuclear licensing procedure. There is a section on international law and a comparison of legal regulations, comprising: legal measures and standards within the IAEA; organisation and tasks of the IEA, energy law and energy policy of the USA, Japan, Great Britain, France, and the COMECON states (the latter referred to the production of energy sources and the electric power generation capacity). (orig./HP) [de

  13. Basic Finite Element Method

    International Nuclear Information System (INIS)

    Lee, Byeong Hae

    1992-02-01

    This book gives descriptions of basic finite element method, which includes basic finite element method and data, black box, writing of data, definition of VECTOR, definition of matrix, matrix and multiplication of matrix, addition of matrix, and unit matrix, conception of hardness matrix like spring power and displacement, governed equation of an elastic body, finite element method, Fortran method and programming such as composition of computer, order of programming and data card and Fortran card, finite element program and application of nonelastic problem.

  14. Water laws in eleven midwestern states: summary tables

    Energy Technology Data Exchange (ETDEWEB)

    McNeil, T.L.; Torpy, M.F.

    1979-06-01

    Basic information about the water laws of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Ohio, and West Virginia is summarized. References to state laws and court decisions that may be useful in assessing the legal availability of water for energy development are provided. (MCW)

  15. Does the Wagner’s Law hold for Thailand? A Time Series Study

    OpenAIRE

    Sinha, Dipendra

    2007-01-01

    Wagner’s Law suggests that as the GDP of a country increases, so does its government expenditure. We test for the Law for Thailand using recent advances in econometric techniques. Both total and per capita GDP and government expenditure are used. Ng-Perron unit root tests show that all variables are integrated of order 1. Toda-Yamamoto tests of Granger causality show that there is no causality flowing from either direction between GDP and government expenditure. Autoregressive Distributed Lag...

  16. A comparative analysis between France and Japan on local governments' involvement in nuclear safety governance

    International Nuclear Information System (INIS)

    Sugawara, Shin-etsu; Shiroyama, Hideaki

    2011-01-01

    This paper shows a comparative analysis between France and Japan on the way of the local governments' involvement in nuclear safety governance through some interviews. In France, a law came into force that requires related local governments to establish 'Commision Locale d'Information' (CLI), which means the local governments officially involve in nuclear regulatory activity. Meanwhile, in Japan, related local governments substantially involve in the operation of nuclear facilities through the 'safety agreements' in spite of the lack of legal authority. As a result of comparative analysis, we can point out some institutional input from French cases as follows: to clarify the local governments' roles in the nuclear regulation system, to establish the official channels of communication among nuclear utilities, national regulatory authorities and local governments, and to stipulate explicitly the transparency as a purpose of safety regulation. (author)

  17. Improving Unsustainable Environmental Governance in South Africa: the Case for Holistic Governance

    Directory of Open Access Journals (Sweden)

    LJ Kotze

    2006-05-01

    Full Text Available Environmental law in South Africa has developed in a rapid fashion since the inception of the new constitutional dispensation in 1994. This development is evident from, inter alia, the constitutionalisation of the environmental right in section 24 of the Constitution of the Republic of South Africa, 1996. Section 24 contains amongst other provisions, directive principles that impose duties on government to protect the environment for present and future generations through reasonable legislative and other measures. It is apparent from section 24 that these measures should ensure environmental governance practices that are aimed at the achievement of sustainable results. The South African environmental governance regime is, however, characterised by fragmentation that may negate the achievement of sustainable environmental governance. It is argued in this article that, for environmental governance to become sustainable, it is necessary to integrate environmental governance efforts, possibly by way of a holistic approach to environmental governance. In light of the above, this article: investigates the nature and extent of fragmentation; explores reasons for fragmentation; discusses disadvantages of fragmented governance efforts in South Africa; investigates the concept of integration and holistic governance as means to achieve sustainable environmental governance results; and makes recommendations regarding the eventual achievement of integrated, holistic and sustainable environmental governance.

  18. Redesign of students’ worksheet on basic physics experiment based on students’ scientific process skills analysis in Melde’s law

    Science.gov (United States)

    Nugraha, M. G.; Utari, S.; Saepuzaman, D.; Nugraha, F.

    2018-05-01

    Scientific process skills (SPS) are an intellectual skill to build knowledge, solve problems scientifically, train thinking skills as well as a very important part of the inquiry process and contribute to scientific literacy. Therefore, SPS is very important to be developed. This study aims to develop Student Worksheets (SW) that can trace SPS through basic physics experiments (BPE) on Melde’s law. This research uses R&D method involving 18 physics education department students who take the BPE course as a sample. The research instrument uses an SW designed with a SPS approach that have been reviewed and judged by expert, which includes observing, communicating, classifying, measuring, inferring, predicting, identifying variable, constructing hypothesis, defining variable operationally, designing experiment, acquiring and processing data to conclusions. The result of the research shows that the student’s SPS has not been trained optimally, the students’ answers are not derived from the observations and experiments conducted but derived from the initial knowledge of the students, as well as in the determination of experimental variables, inferring and hypothesis. This result is also supported by a low increase of conceptual content on Melde’s law with n-gain of 0.40. The research findings are used as the basis for the redesign of SW.

  19. Redesigning government regulations towards a tobacco endgame strategy: a comparative law approach

    Directory of Open Access Journals (Sweden)

    Lee Edson Yarcia

    2018-03-01

    Incorporation of international law in domestic law allows States to formulate tobacco endgame strategies through legislative and/or executive actions. The formulation based on the Philippines could be a basis for other States to formulate their respective end game strategies, taking into consideration their unique political, cultural, economic, and epidemiological contexts.

  20. Adjudication and Aribitrability of Government Construction Contracts ...

    African Journals Online (AJOL)

    The former laws apply where a private individual or company usually referred to as 'employer' (otherwise known as 'owner' or 'client') enters into a construction contract with a contractor. And the latter involves a government department which intends to have construction works carried out on behalf of the government for ...

  1. Rules on the conflict of laws in the matter of succession in Romanian private international law

    Directory of Open Access Journals (Sweden)

    Daniel BERLINGHER

    2014-12-01

    Full Text Available Until the entry into force of the new Civil Code (1 October 2011, the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied and the inheritance of immovable property (to which lex rei sitae applied. At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law. In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter. As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code.

  2. Kazan Arbitration Day: The Rule-of-Law Development and Regional Governance

    Directory of Open Access Journals (Sweden)

    Damir Valeev

    2017-01-01

    Full Text Available The third Annual Symposium of the Journal “Herald of Civil Procedure” “2016 –KazanArbitration Day: The Rule-of-Law Development and Regional Governance” was hosted by the Law Faculty on September 30, 2016.The opening ceremony of the event took place in the Hall of the Board of Trustees of theKazanUniversity, followed by an academic discussion on legal issues of the Symposium. The Symposium participants and invited guests had the opportunity to discuss the most current and topical issues of civil procedural law, to present the latest Russian and foreign academic works in this direction to colleagues, to offer further ways of development of contemporary civil procedure, and to exchange experience and accumulated knowledge.The Symposium discussed both the issues that directly related to arbitration proceedings as well as the most relevant news in the field of civil procedure and enforcement proceedings in general.

  3. Corporate Governance Frequently Asked Questions

    OpenAIRE

    International Finance Corporation

    2016-01-01

    This guidebook is designed to address common questionson corporate governance that are frequently asked byowners and managers of companies in the Middle Eastand North Africa (MENA) region. It familiarizes readerswith the basic concepts of corporate governance,providing a comprehensive overview of the subject matter,using case studies as practical examples of corporategovernance application...

  4. Basic principles governing the design of magnetic switches

    International Nuclear Information System (INIS)

    Birx, D.L.; Lauer, E.J.; Reginato, L.L.; Schmidt, J.; Smith, M.

    1980-01-01

    The idea of using saturable reactors as the basis of high power pulse generators is not a new concept, but there have been few recent applications of this technology. Here the principle of magnetic pulse generation is briefly described and some of the basic guidelines used to design these circuits are discussed. A demonstration of the principles by a small scale pulse amplifier is presented, and finally there is an extrapolation to a large scale system

  5. Criminal Law in Nigeria in the Last 53 Years: Trends and Prospects for the Future

    Directory of Open Access Journals (Sweden)

    Akeem Olajide Bello

    2013-03-01

    Full Text Available Objectives: The article is an overview of developments in substantive criminal law in Nigeria in the last 53 years. It examines the sharing of constitutional legislative powers to enact criminal laws between the federal (national government and the state (local governments. The examination of federal laws revealed proactive legislative activity responding to emerging local and international criminal law issues. The main development at the state level is the introduction by States in Northern Nigeria of Sharia Penal Codes and the enactment of the Criminal Law of Lagos State 2011. A common trend is the entrenchment of death penalty as punishment for some crimes. Implications: While federal criminal laws have responded to emerging realties, state criminal laws have generally failed to respond to emerging issues at the state level. Consequently, in most of the southern states criminal laws introduced in 1916 have continued to apply. Value: The paper demonstrates the need for southern States to reform their criminal laws to respond to emerging realties, the federal government to respond to some outstanding criminal law issues and calls for a suspension of death penalty and a revaluation of its continued relevance.

  6. The Theory of Global Governance, Constitutionalization and Comparative Constitutional Law

    Czech Academy of Sciences Publication Activity Database

    Blahož, Josef

    2013-01-01

    Roč. 3, č. 3 (2013), s. 195-207 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : globalization of political culture * global constitutionalism * comparative constitutional law Subject RIV: AG - Legal Sciences

  7. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    1 INTRODUCTION. The role played by international law in guaranteeing the right to an adequate standard of living is an important one.1. For a number of years, international bodies have sought to introduce certain levels of financial and other benefits which aim to provide for a basic standard of living for persons in need.2.

  8. Engaging Non-State Security Providers: Whither the Rule of Law?

    Directory of Open Access Journals (Sweden)

    Timothy Donais

    2017-07-01

    Full Text Available The primacy of the rule of law has long been seen as one of the essential principles of security sector reform (SSR programming, and part of the larger gospel of SSR is that the accountability of security providers is best guaranteed by embedding security governance within a rule of law framework. Acknowledging the reality of non-state security provision, however, presents a challenge to thinking about SSR as merely the extension of the rule of law into the security realm, in large part because whatever legitimacy non-state security providers possess tends to be grounded in 'extralegal' foundations. This paper – more conceptual than empirical in its approach – considers the implications of hybrid forms of security governance for thinking about the relationship between SSR and rule of law promotion, and argues that the rule of law still provides a useful source of strategic direction for SSR programming.

  9. Physics Laws of Social Science

    OpenAIRE

    Wayne, James J.

    2013-01-01

    Economics, and other fields of social science are often criticized as unscientific for their apparent failures to formulate universal laws governing human societies. Whether economics is truly a science is one of the oldest questions. This paper attempts to create such universal laws, and asserts that economics is a branch of quantum physics just like chemistry. Choice is a central concept in economics and other fields of social science, yet there is no corresponding concept of choice in mode...

  10. The South China Sea Dispute: Perspective of International Law

    OpenAIRE

    Ma, Xuechan

    2016-01-01

    This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of dispute. Finally, it analyzes the arbitration case between the Philippines and China.

  11. Applicable Law on Demobilized and Dematerialized Securities

    Directory of Open Access Journals (Sweden)

    Wael Saghir

    2017-09-01

    Full Text Available In this paper Wael Saghir examines the priority in the business and financial worlds for companies to pursue reduced transaction costs, creating a trend towards demobilization or dematerialization of securities. His paper explains the nature of securities and the governing laws needed to resolve problems of conflict of law rules related to securities.

  12. REFORMING CORPORATE GOVERNANCE IN ETHIOPIA ...

    African Journals Online (AJOL)

    milkii

    financial resources on domestic and international capital markets through good corporate governance excited ...... It does not provide for separation of the roles of a chief executive officer (CEO) and board Chairperson;. • Besides, the law does ...

  13. Theoretical Bases of the Model of Interaction of the Government and Local Government Creation

    OpenAIRE

    Nikolay I. Churinov

    2015-01-01

    Article is devoted to questions of understanding of a theoretical component: systems of interaction of bodies of different levels of the government. Author researches historical basis of the studied subject by research of foreign and domestic scientific experience in area of the theory of the state and the law. Much attention is paid to the scientific aspect of the question. By empirical approach interpretation of the theory of interaction of public authorities and local government, and also ...

  14. Good Governance in the EU

    Directory of Open Access Journals (Sweden)

    Gina Livioara GOGA

    2009-10-01

    Full Text Available Considering the EU adhesion, good governance has been analyzed from different perspectives, in the judicial literature being an analytic model or a normative concept. Some authors have wondered if this concept is a fashion, comprising some older ideas and principles, while other authors have asserted that the reasons why different methods of governance appear in the EU are based on “the complexity and the uncertainty of the problems on the agenda, an irreducible, the new approaches on public administration and law, hidden competencies, legitimacy and subsidiarity”. At a normative level, the White Paper of European Governance consecrated five principles on which good governance is based upon: openness, participation, responsibility, efficiency and coherence.

  15. Exposing government response action contractors to environmental tort liability

    International Nuclear Information System (INIS)

    Roy, M.J.

    1991-01-01

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

  16. The rule of law approach to regulating electricity supply in Nigeria ...

    African Journals Online (AJOL)

    Journal of Sustainable Development Law and Policy (The) ... It assesses potential conflict between principles of market orthodoxy and those of constitutional governance and argues for a rule-of-law approach to regulation post-privatization ... Keywords: Liberalization, Privatization, Regulation, Market Efficiency, Rule of Law ...

  17. Risks and risk assessment according to the law of the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Lukes, R.

    1980-01-01

    In civil and criminal law, danger is defined as the imminent possibility of an infringement of rights protected by the law. In the general law governing the security forces and public order, too, the concept of danger has been clearly defined, and, therefore the author discusses the guiding criteria for the definition of danger concepts for police regulations and the law governing supervision. In the legal fields of governmental supervision, the legislature - for reasons of preventing danger and for the protection of the public - has introduced public licensing, notification duties, information or other supervisory measures. By means of the industrial law, the law on emission control and the atomic energy law, criteria for the definition danger and danger assessment are described. (HSCH) [de

  18. Atomic Energy Law with ordinances. 9. ed.

    International Nuclear Information System (INIS)

    Anon.

    1982-01-01

    The revised edition of the text is due to a variety of major changes in, and amendments to, the German Atomic Energy Law. This book includes the current version of the Atomic Energy Law which has been changed several times, the 1982-version of the ordinace concerning procedures laid down in the Atomic Energy Law, the 1976 radiation protection ordinance together with recent amendments, the 1973 X-ray ordinance, the 1977 financial security ordinance laid down in the Atomic Energy Law, the 1981 ordinance concerning costs, the ordinance concerning performance in anticipation of ultimate disposal. The book is a compilation of the basic Atomic Energy Law which is needed mostly for imminent practical requirements. (orig./HSCH) [de

  19. Local government under the defenders of the constitution

    Directory of Open Access Journals (Sweden)

    Svirčević Miroslav

    2004-01-01

    Full Text Available The paper explains the development of local government under the rule of the constitution defenders 1842-1858. The author describes the historical facts that led to the abdication of Prince Miloš and the establishment of an oligarchic government of chieftains assembled in a council (Toma Vučić Perišić, Avram Petronijević, Hadji Milutin Garašanin and his son Ilija Stojan and Aleksa Simić, as well as the process of building a modern state administration and cultural identity, an integral part of which was a narrower process of constituting local government. A distinct role in the latter process was played by the Austrian-born Serbs, the only intelligentsia in the Principality of Serbia which was still under Turkish suzerainty. Special attention is given to the analysis of two local government acts instituting centralized local authorities with an enhanced law enforcement role in the districts, counties and communes. Those are District Prefectural System and of County Prefect Office Act of 12 May 1839 and Communal System Act of 13 July the same year. Of great importance was the former law, one of the longest-lived in the history of nineteenth-century Serbian constitutionalism. It was in force in 1839-88 and 1894-1903. Every autocratic regime in Serbia was to rely on it. Its distinctive feature is that it subordinated district and county prefects to the central authority and to the minister of internal affairs. They were reduced to mere police agents deprived of any freedom of action. Thus the local officials assumed the character of rigid administrators looking down on the common people. A natural continuation of this law was the other law of communal organization which turned the lowest local units into mere executive agencies of counties. Thus local government took on the form of a mere transmission of the central government, functioning according to a principle similar to the medieval lord-vassal system: my vassal's vassal is not my

  20. Poissonian renormalizations, exponentials, and power laws.

    Science.gov (United States)

    Eliazar, Iddo

    2013-05-01

    This paper presents a comprehensive "renormalization study" of Poisson processes governed by exponential and power-law intensities. These Poisson processes are of fundamental importance, as they constitute the very bedrock of the universal extreme-value laws of Gumbel, Fréchet, and Weibull. Applying the method of Poissonian renormalization we analyze the emergence of these Poisson processes, unveil their intrinsic dynamical structures, determine their domains of attraction, and characterize their structural phase transitions. These structural phase transitions are shown to be governed by uniform and harmonic intensities, to have universal domains of attraction, to uniquely display intrinsic invariance, and to be intimately connected to "white noise" and to "1/f noise." Thus, we establish a Poissonian explanation to the omnipresence of white and 1/f noises.

  1. Use of soft law to address HIV/AIDS in Southeast Asia.

    Science.gov (United States)

    Patterson, David; Phalla, Tia; Nguyen, Thuan; Im, Sarun

    2007-12-01

    Non-binding agreements, or "soft law," have played a role in influencing government policy and reducing HIV vulnerability among construction workers in the Greater Mekong Subregion of Southeast Asia. In this article, David Patterson et al state that soft law sometimes offers advantages over treaty law, but that challenges remain in the implementation of soft law.

  2. The importance of social dialogue in the process of consolidation of domestic law with the European Union law

    Directory of Open Access Journals (Sweden)

    Mirjanić Željko

    2014-01-01

    Full Text Available The importance of a social dialogue in the process of consolidation of domestic law with the European Union law is hereby analyzed through the issues of level of development of institutional tripartite dialogue, development of social dialogue as a prerequisite that is ahead for the countries in the process of joining European integration and the mode of consolidation of domestic labour law with the EU law. Social dialogue in the countries that have passed through or are still under the process of transition of legal order, is being developed according to relevant model of the EU countries, which have recognized the social dialogue as an efficient way of reaching compromise and preserving social peace. The key importance in our country is given to tripartite dialogue within the economic social council. The functioning of the economic social council of the Republika Srpska can be a model of social dialogue, and its role is to consolidate labour and social laws as well as other laws that are at stake for social partners, with the European Union law. At the same time, the subject matter of the dialogue in this council is wider then the issue of the law consolidation, and covers a number of other areas, corresponding to trends of development of social dialogue that is prevailing in the EU countries. On the contrary, the absence or flaws in institutional social dialogue regarding its functioning especially at the local level, and having in mind unfavorable circumstances regarding the employees' associations in private companies and forming of the council of employees, are a limiting factor to development of autonomous labour law, as a part of the process of consolidation. In the process of joining the EU, the request for consolidation of labour legislature with the EU law has come out, which includes the necessity of further providing legal prerequisites for social dialogue. The greatest problem in that process, apart from enactment of new labour law

  3. Beyond Section 508: The Spectrum of Legal Requirements for Accessible e-Government Web Sites in the United States

    Science.gov (United States)

    Jaeger, Paul T.

    2004-01-01

    In the United States, a number of federal laws establish requirements that electronic government (e-government) information and services be accessible to individuals with disabilities. These laws affect e-government Web sites at the federal, state, and local levels. To this point, research about the accessibility of e-government Web sites has…

  4. Governing biobanks: understanding the interplay between law and practice

    National Research Council Canada - National Science Library

    Kaye, Jane

    2012-01-01

    ... as the potential of individually-tailored drug treatments based on genetic predisposition. However, they also raise considerable challenges for existing legal frameworks and research governance structures...

  5. Corruption, Governance and Political Instability in Nigeria ...

    African Journals Online (AJOL)

    The Nigerian State is a victim of high-level corruption, bad governance, political instability and cyclical legitimacy crisis. In the absence of support from civil society, the effective power of government was eroded and patron-client relationships took a prime role over the formal aspects of politics, such as the rule of law, ...

  6. Site provision planning for nuclear power plants and other large-scale projects with environmental relevance in the FRG

    International Nuclear Information System (INIS)

    Blumel, W.

    1977-01-01

    As regards conflicts in interest in connection with site planning and site decisions, the author evolves the following theses: 1) Site provision planning by the Federal Government as in Baden-Wuerttemberg and North Rhine-Westphalia; 2) clarification of the Federal Government's competences; 3) prompt and adequate participation of those concerned; 4) increased influence of the Federal Government, e.g. basic site planning by the Federal government and authority of the Federal government to issue directives (section 85 Basic Law) to the Laender regarding site provision planning; 5) solutions to the problems of citizen participation and the question of legal protection; 6) standardization of a design and hearing procedure at an early date within the area planning laws of the Federal government, the area planning laws to be open to further development. (HP) [de

  7. Corruption, regionalization and local governance

    Directory of Open Access Journals (Sweden)

    Vuković Slobodan V.

    2002-01-01

    Full Text Available Corruption is old almost as human societies and it was developed simultaneously with enlargement of social and political power, bureaucracy and involvement of the state into market transactions. Specific conditions that are characteristic of Serbian society and that have favorably influenced the growth of corruption are: dissolution/break up of Yugoslavia war in surroundings, economic sanctions and NATO bombing. Besides these basic causes of corruption in Serbia are state control over the economy, lack of the rule of law, and breakdown of social values, that is, anomy and poverty. The lack of the rule of law and the state control of economy, which often occur together, are older conditions, while distorted social values, that is, moral crisis and poverty are newer. Subordination of judicial system to the executive authorities enabled different sorts of bribe and corruption to be tolerated. Therefore, the corruption has spread and became contemporary method of conducting business and almost a common thing, regardless of the party composition of the authorities. This thesis is confirmed by the empirical data: 17.9% of citizens claim that all local officials and corrupted and 48.4% claim that majority of them are. On the other side, only 27.5% of citizens claim that local party officials (all of them or majority accept bribe, and 31.1% claim that only some do. Therefore, we are faced with higher interest in political engagement, because it is becoming a highly profitable occupation and posts in local government are highly appreciated because corruption profit is calculated in advance.

  8. PHILOSOPHICAL VALIDITY, THEORETICAL, NORMATIVE AND EMPIRICAL PARADIGM OF GENERAL PRINCIPLES OF GOOD GOVERNANCE (AUPB AS A REVIEW OF PRESIDENTIAL IMPEACHMENT

    Directory of Open Access Journals (Sweden)

    Nadir Nadir

    2017-03-01

    Full Text Available Philosophical validity showed of the Principles of Good Governance (AUPB as A review to Presidential impeachment, is a principle of AUPB that contains ethical normative values used as the foundation of good governance, clean and respectable, moreover to complement the shortcomings and ambiguities in law. Technically, the application of AUPB by the judges of the Constitutional Court (MK-RI can be approached through induction and deduction legal reasoning. The method of implementing AUPB by the judges of the Constitutional Court (MK-RI is accomplished by deductive at first, meaning that the special rules is focused more to the certain field of law, then these are deducted based on its basic rules and deducted again into the rules of substantive, and deducted again into the rules of cases. After that, it starts to applicate the rules of case based on the concrete case by the judge, because of the nature of the judges of the Constitutional Court (MK-RI is kholifah fil'ardi as the representative of God on earth to uphold the law and justice. While theoretically AUPB is valid, the judge ius curia Novit as a verdict maker to perform legal discovery (rechtsvinding. Empirically AUPB is valid, it can be seen from the cases of impeachment against the President of the United States William Jefferson Clinton, on suspicion of "abominably act" (misdemeanors. Additionally, AUPB empirically has been tested through jurisprudence since Amtenarenwet 1929 officially applied on March 1, 1933. Centrale Raad van Beroep, in his verdict on June 22, 1933, and the jurisprudence verdict of Hoge Raad on November 13, 1936, and the jurisprudence verdict of Hoge Raad 1919. While the normative validity is based on the leading legal doctrine, that AUPB is positioned as the unwritten laws that must be obeyed by the government, and AUPB considered as a part of positive law. Moreover, in Indonesia AUPB incarnates in various legislations even though his name is remained as principal.

  9. 32 CFR Appendix A to Part 275 - Obtaining Basic Identifying Account Information

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 2 2010-07-01 2010-07-01 false Obtaining Basic Identifying Account Information... Information A. A DoD law enforcement office may issue a formal written request for basic identifying account... only the above specified basic identifying information concerning a customer's account. C. A format for...

  10. Local Self-Government Financing and Costs of Municipality in Slovenia

    Directory of Open Access Journals (Sweden)

    Zan Jan OPLOTNIK

    2012-10-01

    Full Text Available This research paper focuses on the compliance of the actual system of financing local selfgovernment in Slovenia with the basic principles of the theory of decentralization and guidelines of the European Charter of Local Self-Government. It addresses the level of costs coverage within the municipal competence by using the allocated appropriate expenditure resources calculated according to the Law of Financing Municipality Act. The purpose of the paper is, therefore, to look for an answer to the question whether and to what extent the obtained funds correspond to the actual workload that municipalities have for performing statutory tasks and for exercising their competences. Analysis shows that, on an aggregate level, these actual systems ensure enough resources for local governments to cover their actual costs and current expenditures; some groups of municipalities, e.g. larger urban municipalities, municipalities with large proportions of elderly people etc. are faced with lack of funding, according to the actual costs data available, while other groups of municipalities receive more funds than they need.

  11. Guns, bikes & leather: moral panic and the 2008 South Australian 'anti-bikie' laws

    OpenAIRE

    Vakalis, David

    2017-01-01

    Reflective of the broad political consensus in Australia, 'anti-bikie' laws have recently been introduced by many state and territory governments. In the shadow of this year's federal election, the government has also proposed national anti-bikie laws. Given this, it is worthwhile to consider the context within which this trend emerged. Three days after a violent incident involving bikies outside Adelaide's Tonic nightclub on 2 June 2007, the South Australian (SA) Government announced that it...

  12. Law and the sources of morality.

    Science.gov (United States)

    Hinde, Robert A

    2004-01-01

    This paper argues that morality is a product of basic human psychological characteristics shaped over prehistorical and historical time by diachronic dialectical transactions between what individuals do and what they are supposed to do in the culture in which they live. Some principles are pancultural: individuals are motivated to look after their own interests, to be cooperative and kind to other group members and to look after their children. The moral precepts of every society are based on these principles, but may differ according to the vicissitudes that the society has experienced. Thus the basic principles can be seen as absolute; the precepts based on them may be specific to particular societies. Moral precepts, and the laws derived from them, are mostly such as to maintain the cohesion of the society, but some have been formulated to further the interests of those in power. The evidence suggests that laws have been developed, by common consent or by rulers, from generally accepted moral intuitions. In general, legal systems have been formulated to deal with the more extreme infringements of moral codes. Morality prescribes how people should behave; the law is concerned with how they should not. New laws, if not imposed by force, must generally be in tune with public conceptions of morality. PMID:15590610

  13. Parallels in government and corporate sustainability reporting

    Science.gov (United States)

    D. J. Shields; S. V. Solar

    2007-01-01

    One of the core tenets of Sustainable Development is transparency and information sharing, i.e., government and corporate reporting. Governments report on issues within their sphere of responsibility to the degree that their constituents demand that they do so. Firms undertake reporting for two reasons: they are required to do so by law, and doing so makes good...

  14. Fighting software piracy: Which governance tools matter in Africa?

    OpenAIRE

    Antonio R. Andrés; Simplice A. Asongu

    2012-01-01

    This article integrates previously missing components of government quality into the governance-piracy nexus in exploring governance mechanisms by which global obligations for the treatment of IPRs are effectively transmitted from international to the national level in the battle against piracy. It assesses the best governance tools in the fight against piracy and upholding of Intellectual Property Rights (IPRs). The instrumentality of IPR laws (treaties) in tackling piracy through good gover...

  15. New Law on Nuclear Energy into force on March 1, 1988

    International Nuclear Information System (INIS)

    Santaholma, J.

    1988-01-01

    In Finland new Law on Nuclear Energy enters into force on March 1, 1988 after ten years' preparation work. The Parliament approved the new law, compensating the old law on atomic energy on 1957, unanimously in November 1987. The new law provides the decisions on new nuclear power plants to be made by the Government and finally ratified by the Parliament

  16. Can Environmental Law be standardized

    International Nuclear Information System (INIS)

    Sendler, H.

    1981-01-01

    The author makes basic considerations on standardizability both in Constitutional Law and in simple Legislative Law. He discusses in detail a key issue of Environmental Law, namely the standardization of the right of third parties affected to file suit. In painstaking detail work one has to differentiate between standards having and not having an effect which protects third parties, and how far the protection of third parties goes. The limits to standardizability are reached with the use of undetermined legal terms. The shortcomings of standardizability for the legislator could and should be made up for by the statutory power which has to reify standards in a way which could guarantee efficient execution. (HSCH) [de

  17. The governance of cooperative societies under the Basque Act of 24-6.1993

    Directory of Open Access Journals (Sweden)

    Enrique Gadea Soler

    2005-12-01

    Full Text Available This paper briefly presents the general guidelines of governance of cooperatives. Because of the numerous existing laws in Spain, one looks at the provisions of the State Law and Law in Basque Contry.

  18. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

    Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren

    2012-01-01

    -of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

  19. The Emergence of Governance and the Function of Law

    DEFF Research Database (Denmark)

    Kjær, Poul F.

    2015-01-01

    such orders are made possible. They structure the transposition of condensed social components such as economic products and capital, political decisions, legal judgments, scientific knowledge, and religious acts of salvation from one order to another, thereby allowing coevolution to unfold. In this context......, law and legal instruments gain a central role since legal formalization is the central element that enables successful transfers to take place....

  20. Legitimacy as a Precondition for the Recognition of New Governments: A Case of Libya

    Directory of Open Access Journals (Sweden)

    Hamed Hasyemi Saugheh

    2018-01-01

    Full Text Available Recognition of new Stets and governments is a political act with legal reverberations. Although the recognition of new States and governments is a traditional concept of international law but the challenging recognition of the transitional government of Libya proved that this traditional concept still can be highly exigent. Traditionally, the States in providing recognition to a new government follow their own benefits and privileges and rarely consider the structure, capacity and public support for the new government. If the rule of law and respecting democracy is going to be means of promoting peace and security is various areas of the world, is not it time to redefine the traditional concepts of international law (included of recognition of new States and government from a new perspective? Considering the fact that, the existence of a legitimate authority in a group enhances the effective functioning of that group and reduces the internal conflicts, it seems that it is time to expand the political concept of legitimacy of the authorities into the international law. Is there any State practice to support the argument? In this article, the existence of norm creating forces and role of legitimacy in the recognition of the Libyan Transitional Government is going to be analysed. The After studying the role of legitimacy of the Libyan NTC in passing the sovereignty from the past regime to the new government by the international community, the effect of lack of legitimacy on the previous regime will be examined and the question of withdrawing of recognition of governments will be addressed.

  1. Are changes to be recommended in environmental penal law, in particular in connection with administrative law. Empfehlen sich Aenderungen im strafrechtlichen Umweltschutz, insbesondere in Verbindung mit dem Verwaltungsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Heine, G.; Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.))

    1988-01-01

    The expert opinion tries to point out basic problems and to make suggestions. It neither deals with every single issue of environmental penal law, nor does it offer an overall 'solution'. The authors have limited themselves to analyzing focal points, to summarizing the present state of discussions, and to adding new aspects, particularly with regard to criminological and comparative law. This results in concentrating on the 28th Section of StGB and its central protective functions; other (possible) regulation areas of substantive law are only considered in those cases where, in the latter context, the lack of them proves to be system-adverse and deficitary. Also, the formulated reform proposal only concerns this central area of environmental penal law. In the interest of what is possible, it centers on the conceptional facts of valid law. After an introduction, part 1 deals with: Stocktaking - basic principles and inadequacies of valid environmental penal law; part 2 with: Necessity and limits of reform. (orig.).

  2. Good governance as perceived by Dabawenyos

    Directory of Open Access Journals (Sweden)

    Adrian M. Tamayo

    2016-12-01

    Full Text Available The debate on good governance had shaped public policies of many governments. This study was conducted to obtain latent perspectives of good governance. A survey was conducted using two-stage cluster sampling in the first congressional district of Davao City involving 351 respondents. Findings reveal that the notion of good governance of Dabawenyos is primarily a government to implement the rule of law; peace and order is a necessity to facilitate market efficiency. Also, it was found that political leadership creates notions of good governance; public bestowed power to its political leaders as a matter of trust. On the other hand, leaders incorporate soft and hard forms of power in delegating powers without losing control, causing a widespread and significant impact on the formation and development of Davao’s perspectives of good governance. This is the rubber band effect of good governance leadership.

  3. Spatialising Agricultural Water Governance Data in Polycentric Regimes

    Directory of Open Access Journals (Sweden)

    Faith Sternlieb

    2015-06-01

    Full Text Available Water governance in the Colorado River Basin (CRB is based on a historical and complex set of policies, legal decisions, and operational guidelines called the Law of the River. Behind the complex institutional structure lies an intricate web of data on water, most of which are hydrogeological in nature. However, we posit that in order to realise sustainable water governance, management efforts must also address data on water governance. Therefore, our central research question is: what is the role of water governance data in water governance, as it pertains to agriculture? First, we lay out the digital landscape and theoretical framework that justify the development of the Colorado River Basin Water Governance Relational Database. Then, we conduct an analysis of water-sharing policies within Law of the River to identify and categorise boundaries. By operationalising a boundary typology in a geographic information system, we found that data on agricultural water governance have little to no current role in water governance due to scale discrepancies, insufficient availability and collection of data, and lack of standardisation. In addition, agricultural water governance in the CRB was found to exhibit polycentric patterns. However, unlike the flexible and adaptive nature of some polycentric systems, polycentric data sets may pose challenges to water governance due to limited information regarding organisational changes, policy developments, and special interests. This study advances the science-policy dialogue in four ways: 1 by emphasising the salience of the data on water governance, 2 by incorporating water governance data in water governance and policy decisions, 3 by demonstrating the value of integrating data types, and 4 by engaging users through geo-visualisation.

  4. Page | 70 LOCAL GOVERNMENT COUNCIL AS A CONSTITUENT ...

    African Journals Online (AJOL)

    Fr. Ikenga

    Government of every State to ensure their existence under a law that provides for its establishment, structure, composition, finance and functions. This is the first impediment to the autonomy, independence and incorporation of the Local Government Councils as part of the federating units, having made them subject to the ...

  5. The law for the Japan Atomic Energy Research Institute

    International Nuclear Information System (INIS)

    1977-01-01

    The law establishes the Japan Atomic Energy Research Institute in accordance with the Basic Act on Atomic Energy as a government corporation for the purpose of promoting R and D and utilizations of atomic energy (first chapter). The second chapter concerns the directors, advisers and personnel of the institute, namely a chairman of the board of directors, a vice-chairman, directors not more than seven persons, and auditors not more than two persons. The chairman represents and supervises the intitute, whom the prime minister appoints with the agreement of Atomic Energy Commission. The vice-chairman and other directors are nominated by the chairman with the approval of the prime minister, while the auditors are appointed by the prime minister with the advice of the Atomic Energy Commission. Their terms of office are 4 years for directors and 2 years for auditors. The third chapter defines the scope of activities of the institute as follows: basic and applied researches on atomic energy; design, construction and operation of nuclear reactors; training of researchers and technicians; and import, production and distribution of radioisotopes. Those activities should be done in accordance with the basic development and utilization plans of atomic energy established by the prime minister with the determination of Atomic Energy Commission. The fourth chapter provides for the finance and accounting of the institute, and the fifth chapter requires the supervision of the institute by the prime minister. (Matsushima, A.)

  6. German nuclear law day 2004 - a conference report

    International Nuclear Information System (INIS)

    Anon.

    2005-01-01

    Topical issues of nuclear law constituted the main subjects discussed at the 2004 German Nuclear Law Day organized in Berlin on November 11 to 12, 2004. The agenda included actual issues potentially arising from the topics final storage of nuclear waste, financing a new site search for a repository, and supervision of nuclear installations. Experts from the administration of justice, the federal and state governments, law offices, universities, and the industry discussed the matters in 14 lectures. (orig.)

  7. Poissonian renormalizations, exponentials, and power laws

    Science.gov (United States)

    Eliazar, Iddo

    2013-05-01

    This paper presents a comprehensive “renormalization study” of Poisson processes governed by exponential and power-law intensities. These Poisson processes are of fundamental importance, as they constitute the very bedrock of the universal extreme-value laws of Gumbel, Fréchet, and Weibull. Applying the method of Poissonian renormalization we analyze the emergence of these Poisson processes, unveil their intrinsic dynamical structures, determine their domains of attraction, and characterize their structural phase transitions. These structural phase transitions are shown to be governed by uniform and harmonic intensities, to have universal domains of attraction, to uniquely display intrinsic invariance, and to be intimately connected to “white noise” and to “1/f noise.” Thus, we establish a Poissonian explanation to the omnipresence of white and 1/f noises.

  8. “Wolves Have A Constitution:” Continuities in Indigenous Self-Government

    Directory of Open Access Journals (Sweden)

    Stephen Cornell

    2015-01-01

    Full Text Available This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed by a set of foundational laws or rules. There is ample evidence that Indigenous nations in North America—and in Australia and New Zealand as well—were in this sense constitutionalists. Customary law, cultural norms, and shared protocols provided well understood guidelines for key aspects of governance by shaping both personal and collective action, the behavior of leaders, decision-making, dispute resolution, and relationships with the human, material, and spirit worlds. Today, many of these nations have governing systems imposed by outsiders. As they move to change these systems, they also are reclaiming their own constitutional traditions.

  9. Supplementing Tribal Culture Using Technical Writing Basics

    Science.gov (United States)

    Tichenor, Stuart

    2008-01-01

    Using technical writing basics, a cohort of Lighthorse Police Officers from the Muscogee (Creek) Nation added to their tribe's cultural history by recording part of their family and clan history as well as documenting their law enforcement careers and education.

  10. The Sovereign Acts Doctrine in the Law of Government Contracts

    Science.gov (United States)

    1992-09-30

    47 Ohio St. L.J. 984, 36 Def. L.J. 537 (1986). 7 concept of estoppel in government procurement.2’ A final area, which exceeds the scope of this study...position that it is possible that estoppel may run against the Government, but a case in which estoppel has been so allowed is yet to be decided. See...collateral estoppel is justified [relative to an ’equitable claim’] 5. In congressional reference cases the facts are seldom in issue.51 Instead, the question

  11. The Legal Regime of Nuclear Power Satellites-A Problem at the Cross-Roads of Nuclear Law and Space Law

    International Nuclear Information System (INIS)

    Courteix, S.

    1992-01-01

    The number of nuclear-powered satellites rises constantly and, recalling the fear generated by the crash of the Cosmos 954 satellite, the author points out that radioactive debris falling on earth could represent as great a hazard as accidental releases of radioactive material from land-based nuclear installations. Such satellites, therefore, can be governed by both space law and nuclear law. On the basis of international conventions applicable in the two fields and also with reference to the Law of the Sea and environmental law, the article analyses preventive and radiation protection measures as well as emergency plans and also raises the problem of liability and compensation for damage. (NEA)

  12. Chinese Law Past and Present - Potential of a legacy?

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2005-01-01

    /Confucian-Legalist cultural tradition). At second glance, however, a comparison of elements of the late twentieth-century reforms of administrative law, and of administrative law and governance of pre-modern China, suggests a number of common features. In the paper, some of these features of the pre-modern legal...

  13. Emotional Value Judgment and Achievement in Basic Science ...

    African Journals Online (AJOL)

    The study sought to examine emotional value judgment on student achievement in Basic Science. The study was carried out in Ijebu-North Local Government Area of Ogun State. Data were collected through valid questionnaire sent to five secondary schools within the local Government. One Hundred Junior Secondary II ...

  14. INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

    Directory of Open Access Journals (Sweden)

    Dhiana Puspitawati

    2015-12-01

    Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

  15. An E-government Interoperability Platform Supporting Personal Data Protection Regulations

    Directory of Open Access Journals (Sweden)

    Laura González

    2016-08-01

    Full Text Available Public agencies are increasingly required to collaborate with each other in order to provide high-quality e-government services. This collaboration is usually based on the service-oriented approach and supported by interoperability platforms. Such platforms are specialized middleware-based infrastructures enabling the provision, discovery and invocation of interoperable software services. In turn, given that personal data handled by governments are often very sensitive, most governments have developed some sort of legislation focusing on data protection. This paper proposes solutions for monitoring and enforcing data protection laws within an E-government Interoperability Platform. In particular, the proposal addresses requirements posed by the Uruguayan Data Protection Law and the Uruguayan E-government Platform, although it can also be applied in similar scenarios. The solutions are based on well-known integration mechanisms (e.g. Enterprise Service Bus as well as recognized security standards (e.g. eXtensible Access Control Markup Language and were completely prototyped leveraging the SwitchYard ESB product.

  16. African Journals Online: Political Science & Law

    African Journals Online (AJOL)

    Items 1 - 18 of 18 ... The Journal for Juridical Science prefers articles which reflect basic legal ... the way that the law regulates important aspects of the economic process ... and industry, labour, the environment, education, training and culture;

  17. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... The regulations relating to foodstuffs for infants and young children (R 991): A ... The case of government of the republic of Zimbabwe v Louis Karel Fick: A first ...

  18. Discretionary powers: threats and opportunities for the development of local government in Ukraine

    Directory of Open Access Journals (Sweden)

    T. M. Tarasenko

    2016-07-01

    . However, these powers necessitate ensuring a high level of legal culture, accountability and efficient control mechanisms, protection of citizens from harm caused as a result of the exercise of such powers. Introduction of prefects has been considered as opportunities for monitoring the implementation of discretionary power in local government, especially, regarding the observation of law. Regulation of the performance of a significant amount of powers related to the regulation of relations between a local government authority and individuals and legal entities in different spheres of life is revealed as a means of reducing the corruption factor in their performance. The focus of this regulation, as concluded by the study, should be given to the determination of basic conditions, terms of decisions or actions, accountability for their failure or improper performance.

  19. A Critical Reassessment of the Hess–Murray Law

    OpenAIRE

    Enrico Sciubba

    2016-01-01

    The Hess–Murray law is a correlation between the radii of successive branchings in bi/trifurcated vessels in biological tissues. First proposed by the Swiss physiologist and Nobel laureate Walter Rudolf Hess in his 1914 doctoral thesis and published in 1917, the law was “rediscovered” by the American physiologist Cecil Dunmore Murray in 1926. The law is based on the assumption that blood or lymph circulation in living organisms is governed by a “work minimization” principle that—under a certa...

  20. An efficiency analysis of basic service provision in South African local government (2006/7 to 2008/9

    Directory of Open Access Journals (Sweden)

    Gert van der Westhuizen

    2012-12-01

    Full Text Available The South African local government sector has undergone changes in the post-apartheid era as policy makers have sought to improve basic services provided to disadvantaged local communities. While scholars have considered various dimensions of the reform program, little effort has been directed at evaluating the effectiveness and efficiency dimensions of the changes in service provision, with some notable exceptions (van der Westhuizen and Dollery, 2009; Krugell, et al., 2010. This article seeks to contribute to this literature by evaluating the efficiency with which municipalities have provided (Reconstruction and Development Program RDP water, RDP sanitation RDP electricity and RDP refuse removal, using Data Envelopment Analysis techniques (DEA applied to panel data from 2006/2007 to 2008/2009 for 231 local municipalities and 46 district municipalities. Keywords: Data warehousing, Systems thinking, Prescriptive theory, Descriptive theory, Interpretative research. Disciplines: Information technology, systems theory, data warehousing, hermeneutics

  1. A Comparative Analysis of the Ethos, Role and Function of Implied Obligations in Shipping Law and General Law of Contract

    OpenAIRE

    Ndi, George; Alawneh, Tariq

    2015-01-01

    The law governing the international carriage of goods by sea is deeply rooted in the doctrine of freedom of contract. The historical origins of the shipping industry itself can be traced to the era of 'laissez faire' in which contractual practice, based on negotiated terms and conditions, was free from the regulatory constraints of the state. It is for this reason that to this day modern shipping law is still rooted in the common law and customary trade usages with very limited statutory infl...

  2. History of the nuclear matter safety and control law

    International Nuclear Information System (INIS)

    Dean, G.

    1994-01-01

    In this text we give the history of the law creation on the control and safety of nuclear matter. Initially based on the CEA regulation single owner of nuclear matter, the development of nuclear energy has conducted the French government to edict law in relation with IAEA and Euratom recommendations

  3. Law Libraries in the Western Region/State of Nigeria.

    Science.gov (United States)

    Okewusi, Peter Agboola

    1988-01-01

    Reviews the establishment of the Western Regional Ministry of Justice in Nigeria and the subsequent development of law libraries to aid that agency. The functions of the ministry, staffing, and services of the law libraries, and the establishment of a printing office for government publications are described. (5 references) (CLB)

  4. Environmental protection - can it be regarded as a basic right

    International Nuclear Information System (INIS)

    Soell, H.

    1986-01-01

    The question of the necessity of an 'environmental basic right' is to be seen in connection with the doctrine of the duty of the State to protect the basic rights. Under the present law this obligation of the State applies only to third party intervention, it does not take effect if it is a matter of protecting the environment as such. Therefore the introduction of an 'environmental basic right' is necessary. (WG) [de

  5. [Radiation protection. Implications for clinical practice on the new regulations governing roentgen ray irradiation and radioprotection].

    Science.gov (United States)

    Nestle, U; Berlich, J

    2006-08-01

    In 2001 or 2002, the legislator made substantial alterations to the "Röntgenverordnung" [regulations governing use of roentgen ray radiation] and "Strahlenschutzverordnung" [regulations governing radiation protection]. This was done to bring German law in line with EU Directives 96/29/Euratom (basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation) and 97/43/Euratom (health protection of individuals against the dangers of ionizing radiation in relation to medical exposure). Proper use of radiation in medicine requires that those involved in its application are aware of the biological effect of radiation. When staff and others are protected good organization and appropriate technology at the workplace can achieve a great deal. In the new directives, the radiation protection for the patient is quantified and the responsibility of the physician is clearly pointed out. The most important aim is uniform quality throughout Europe in radiological diagnosis and radiation protection.

  6. Performance, corporate governance and new regulation.

    Directory of Open Access Journals (Sweden)

    Heriberto Garcia

    2012-07-01

    Full Text Available After the adoption of the Corporate Governance Code (Code in Mexico, many companies increased financial performance and the leveraged during the following five years; we investigated the effect of how those firms improved the corporate governance practices and how was translated into better risk return company. We analyzed how and where better corporate governance practices affects performance and what was the relationship with Transparency, New Regulation and Governance Practices. Also we explored the gaps between transparency and information disclosure of Mexican Firms listed in U.S stock exchange and non U.S listed firms our findings were related to the potential growth of the Mexico Financial Market, Law and Finance.

  7. Deforestation in Decentralised Indonesia: What's Law Got to Do with it?

    Directory of Open Access Journals (Sweden)

    Luke Lazarus Arnold

    2008-09-01

    Full Text Available A growing number of studies point to significant changes in the dynamics of deforestation in Indonesia since the introduction of decentralised governance in 2001. This essay argues that law plays an important and underestimated role in facilitating these new dynamics. This role is not limited to mere implementation failures; many of the ways in which Indonesian law makes deforestation possible can be traced back to the content of the laws themselves. In order to demonstrate this point, the essay first examines the context in which Indonesia's forestry and decentralisation laws were formulated and the salient provisions of these laws. This is followed by a discussion of the dynamics of deforestation since decentralisation and an analysis of five key ways in which law is partly responsible for the current situation: a flawed division of authority between the Central Government and the regions'; inconsistent, ambiguous and 'hollow' legislation; legislatively entrenched departmentalism; the marginalisation of forest communities; and a lack of legislative support for public participation, public interest litigation and other processes to promote sustainable forest management.

  8. Theoretical Bases of the Model of Interaction of the Government and Local Government Creation

    Directory of Open Access Journals (Sweden)

    Nikolay I. Churinov

    2015-09-01

    Full Text Available Article is devoted to questions of understanding of a theoretical component: systems of interaction of bodies of different levels of the government. Author researches historical basis of the studied subject by research of foreign and domestic scientific experience in area of the theory of the state and the law. Much attention is paid to the scientific aspect of the question. By empirical approach interpretation of the theory of interaction of public authorities and local government, and also subjective estimated opinion of the author is given.

  9. Licences issued under environmental law in international private and procedural law

    International Nuclear Information System (INIS)

    Kohler, C.

    1991-01-01

    The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

  10. Some issues in ownership structure and corporate governance

    Directory of Open Access Journals (Sweden)

    K.A. Darshana Lakmal

    2014-10-01

    Full Text Available Corporate governance is a process that aims to allocate corporate resources in a manner that maximizes value for all stakeholders — shareholders, investors, employees, customers, suppliers, environment and the community at large and holds those at the helms to account by evaluating their decisions on transparency, inclusivity, equity and responsibility. Corporate governance has been commonly defined as the rules and procedures in place for governing an organization. It is the set of processes, customs, policies, laws, and institutions affecting the way a corporation (or company is directed, administered or controlled. Corporate governance also includes the relationships among the many stakeholders involved and the goals for which the corporation is governed. Corporate governance principles and codes have been developed in different countries and issued from stock exchanges, corporations, institutional investors, or associations (institutes of directors and managers with the support of governments and international organizations. As a rule, compliance with these governance recommendations is not mandated by law, although the codes linked to stock exchange listing requirements may have a coercive effect. However, given the rapid developments within the field and the increasing prominence of corporate governance in the modern world, this definition may be considered too narrow. Corporate governance, while a topic that has been examined in considerable depth in many areas, is widely applicable to a vast array of topics and issues. This study contributes to the literature by extending the mainly based on board literature to where there are important institutional differences and issues in ownership structure and corporate governance system and seeks to address new and emerging issues which have yet to be closely examined and have, to a degree, been overlooked

  11. What Do Numbers Do in Transnational Governance?

    DEFF Research Database (Denmark)

    Krause Hansen, Hans; Porter, Tony

    2012-01-01

    processes. Numbers have properties that differ from words, and shifts from one to the other in governance, for instance in the displacement of laws or norms with risk models or rankings based on numbers, have particular effects, including political effects on states, firms, individuals, and other actors......This study examines how numbers in transnational governance constitute actors, objects, and relationships, including relationships of power. We review the existing literatures on numbers for insights relevant to their role in transnational governance, including the ontology of numbers, the history...

  12. Expertise and governance of climate change

    International Nuclear Information System (INIS)

    Encinas de Munagorri, R.; Colson, R.; Denis, B.; Leclerc, O.; Rousseau, S.; Torre-Schaub, M.

    2009-01-01

    Global warming has become in few years a prominent problem which requires the implementation of a world governance to be solved. However, the share of human activities in the global warming phenomenon and the actions susceptible to mitigate the greenhouse gases emission generate scientifical, political and legal conflicts at the same time. Assessing the taking into account of climate change by international institutions raises several questions. By what process a true fact can become established at the world scale? Are experts free or constrain by procedure rules? How to regulate the worldwide carbon trade? Is the governance requirement foreseen in international systems respected by decision making practices? How to explain experts' omnipresence in the observance mechanisms of climate change treaties? Is their influence determining, at the international and internal scale, in the elaboration of a climate law? These questions, analyzed by researchers in law and political science, are indissociable of method stakes with an inter-disciplinary horizon. This book, result of a collective work, is not limited to a description of standards and actors' practices in force. Its ambition is to apprehend law, science and politics in their interactions. Climate change is an appropriate topic to think about the links between the different scientific disciplines. The book concludes with a prospective about the contribution of laws analysis to expertise which involves the dogmatic, realistic and epistemologic aspects. (J.S.)

  13. Good Governance According to Islamic Perspective

    Directory of Open Access Journals (Sweden)

    Mohamad Ismail Bin Mohamad Yunus

    2018-02-01

    Full Text Available Abstract The objectives of the professional agencies must embody provisions that promote good governance and embrace values of integrity and accountability and seek support from the public and the government of the day to provide an independent view on all matters. The universal truth is that everything should be done in the public good. Professionals form the backbone of human infrastructure in any economy, politics, social and legal growth. Their contributions through professional performance enhance the good delivery system that facilitates policies making and management for public sector. They provide the skills and talent in balancing the pursuits of maximization of services. The expression “good governance” has been constantly used lately in both public sector as well as private sector in Malaysia. In the context of a private body, it should be within the framework of the statute, which governs the body and also its constitution. In the public sector, it means that the administrators should act professionally and not to abuse or misuse the power or authority given to them. They are regarded as the trustees of the public at large. The scope of this article is on good public governance in the public sector or to be exact, good governmental administration as interpreted by the judiciary especially through its judicial review power and Islamic Perspective based on the principles of Maqasid As Shariah (Objectives of Islamic Law.   Keywords: Good Governance, Public Sector, Malaysian Law, Islamic Perspective, Maqasid As-Shariah.

  14. Conservation of basic monopoles in decay processes

    International Nuclear Information System (INIS)

    Barricelli, N.A.

    1983-01-01

    The conversation law of basic monpoles and other rules followed by these monopoles in the formation and decay processes of elementary particles are presented and discussed. A new interpretation of the distinction between rapid decay process (commonly ascribed to weak interactions) is proposed. (Auth.)

  15. Towards reinforcing or contesting the vision of the rule of law?

    Directory of Open Access Journals (Sweden)

    Myriam Senn

    2015-07-01

    Full Text Available The UN Declaration of 24 September 2012 reaffirming the commitment of Heads of State and Government to the Rule of Law reflects the current uneasiness accompanying the application of just the concept. This paper argues that it is also due to discrepancies in its worldwide understanding and to the rise of non-state, transnational regulatory regimes. Presumably they are not compelled to apply it as such. Thus, a governance issue arises to either reinforce or contest the rule of law

  16. Paternalism & Its Discontents: Motorcycle Helmet Laws, Libertarian Values, and Public Health

    Science.gov (United States)

    Jones, Marian Moser; Bayer, Ronald

    2007-01-01

    The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists’ advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering. PMID:17194856

  17. The law for Japan Nuclear Ship Development Agency

    International Nuclear Information System (INIS)

    1977-01-01

    The Agency aims at developing nuclear-ships according to the priciples of the Atomic Energy Basic Law to promote the uses of atomic energy and help the progress of shipbuilding and marine transportation. The capital is 100 million yen plus the funds invested by the persons other than the government. The investment certificates are issued for the funds invested. The officers consist of the chief director, the representative director, not more than three directors and one auditor. The chief director and the auditor are appointed by the competent minister (the Prime Minister and the Minister of Transport) consulting with the Atomic Energy Commission. The representative director and directors are nominated by the chief director with approval of the competent minister. The scope of business includes the undertakings concerning nuclear ships, such as; the planning, building and operation; the training of the crew; the research and study; popularization of the results of such operations, etc. These activities are to be made in accordance with the basic program of nuclear-ship development determined by the competent minister. A chapter is dedicated to the finance and accounting, which includes provisions on the business year, authorization of the business program and others, the disposition of the business program and others, the disposition of profits and losses, and loans, etc. The Agency is supervised by the competent minister. (Okada, K.)

  18. Women, Business and the Law 2018

    OpenAIRE

    World Bank Group

    2018-01-01

    How can governments ensure that women have the same employment and entrepreneurship opportunities as men? One important step is to level the legal playing field so that the rules for operating in the worlds of work and business apply equally regardless of gender. Women, Business and the Law 2018, the fifth edition in a series, examines laws affecting women’s economic inclusion in 189 economies worldwide. It tracks progress that has been made over the past two years while identifying oppo...

  19. Good City Governance in India

    Directory of Open Access Journals (Sweden)

    Raj Kumar Siwach

    2014-06-01

    Full Text Available Good governance is identified as imperative for enhancing the performance of Municipal councils in India. This is against the backdrop of mounting service delivery challenges confronting these Municipalities especially in the Haryana province. Using a case-study design, the study assesses performance in the context of basic elements of participative governance, transparency and accountability. The article contributes to growing literature on public sector issues in the discipline.

  20. The Aplication of Islamic Law in Indonesia: the Case Study in Aceh

    OpenAIRE

    Bustamam-Ahmad, Kamaruzzaman

    2007-01-01

    This article provides an historical account of the implementation of Islamic law in Aceh and how the issue of Islamic law has been debated. The study will give more emphasis on the dynamics of the implementation of Islamic law, its historical development, typologies of Islamic law, leaders’ opinions regarding this issue, and the governments’ responses. This study argues that Islamic law in Aceh has been misinterpreted merely as h{udu>d law. In addition, it argues that the provincial govern...

  1. Sex Trafficking, Law Enforcement and Perpetrator Accountability

    Directory of Open Access Journals (Sweden)

    Holly Burkhalter

    2012-06-01

    Full Text Available In theory, everyone – except for criminals involved in their exploitation - agrees that children must not be in the sex industry and further, that those who prey on them must be prosecuted and punished. Virtually every country in the world has adopted national laws prohibiting the commercial sexual exploitation of children. International law is clear on this point, as well. Yet, when governments – and NGOs working with them – take action to extract children from commercial sex venues, common ground on protecting children from abuse can quickly erode with concerns about the efficacy of police intervention, the possibility of collateral harm to consenting adult sex workers or a decrease in access to HIV-prevention and related health services. The author argues that healing this divide must come through the reform of local police – and that, without the participation of law enforcement, there can be no long-term protection for children vulnerable to trafficking and related exploitation. In this article, human rights practitioner Holly Burkhalter argues that healing this divide must be accomplished through the reform of local police – and that human rights advocates, local governments and others seeking to combat trafficking cannot achieve long-term, sustainable protection for children without the involvement of law enforcement.

  2. Regulating Corporate Governance in the EU

    DEFF Research Database (Denmark)

    Horn, Laura

    In the context of the financial and economic crisis, corporate governance and regulatory supervision failures are at the centre of public debates. Who controls the modern corporation, and why, has become one of the defining social power relations in contemporary capitalism. Regulation Corporate...... transformation of company law and corporate governance regulation. Her findings about the marketization of corporate control are at the core to a better understanding of the broader context of capitalist restructuring in the European Union....

  3. Legitimacy and compliance in transnational governance

    OpenAIRE

    Mayntz, Renate

    2010-01-01

    Power, rule, and legitimacy have always been core concerns of political science. In the 1970s, when governability appeared to be problematic, legitimacy was discussed both in the context of policy research and by critics of the capitalist state. More recently interest turned to governance beyond the nation-state. The legitimacy of transnational (i.e., European and international) organizations, of international regimes and of the – hard or soft – law they formulate is held to be deficient beca...

  4. Nonlinear Dynamic Inversion Baseline Control Law: Architecture and Performance Predictions

    Science.gov (United States)

    Miller, Christopher J.

    2011-01-01

    A model reference dynamic inversion control law has been developed to provide a baseline control law for research into adaptive elements and other advanced flight control law components. This controller has been implemented and tested in a hardware-in-the-loop simulation; the simulation results show excellent handling qualities throughout the limited flight envelope. A simple angular momentum formulation was chosen because it can be included in the stability proofs for many basic adaptive theories, such as model reference adaptive control. Many design choices and implementation details reflect the requirements placed on the system by the nonlinear flight environment and the desire to keep the system as basic as possible to simplify the addition of the adaptive elements. Those design choices are explained, along with their predicted impact on the handling qualities.

  5. European Level Test of Romanian Enterprise Governance

    Directory of Open Access Journals (Sweden)

    Niculae Feleaga

    2006-04-01

    Full Text Available The corporate governance is a central and dynamic aspect of the businesses. The term governance comes from the latin “gubernare”, meaning to guide and supposes that the corporate governance imply equally both the leadership function and that of control. As is known there are more ways of defining the enterprise governance starting from the simple stones, which focus on the enterprise and its shareholders, to the most complex ones incorporating individual or departamental responsability to implement a given function of the companies and which implies many other groups of persons. Responsability is the consequence of the law and reglementation application or contract agreements.

  6. European Level Test of Romanian Enterprise Governance

    Directory of Open Access Journals (Sweden)

    Niculae Feleaga

    2006-02-01

    Full Text Available The corporate governance is a central and dynamic aspect of the businesses. The term governance comes from the latin “gubernare”, meaning to guide and supposes that the corporate governance imply equally both the leadership function and that of control. As is known there are more ways of defining the enterprise governance starting from the simple stones, which focus on the enterprise and its shareholders, to the most complex ones incorporating individual or departamental responsability to implement a given function of the companies and which implies many other groups of persons. Responsability is the consequence of the law and reglementation application or contract agreements.

  7. EMPLOYEES’ RIGHTS IN THE CORPORATE GOVERNANCE CONTEXT

    Directory of Open Access Journals (Sweden)

    Andrei Emil Moise

    2014-11-01

    Full Text Available The recent redrafting of the corporate governance legal frame at the European level, with emphasis on its functions of valorization and security of shareholders’ rights, maximizing profits and minimizing risks, raises the balance issue between the above stated goals and the necessity for compliance with employees’ rights. In this context, we intend to analyze the possibility for the labour regulations to be completed or substituted by the “soft-law” regulations, product of corporate governance, to identify the degree of stability, transparency and predictability of the employer-employee relationship and to identify the reconciliation methods between the apparently differing objectives of corporate governance and protection of employees’ rights. The study performs an analysis of the cases in which relevant provision form both corporate law and labour law are applicable, providing also practical examples from the real business environment, a comparative analysis of the relevant legal provisions from the principal EU member states and also an examination of the relevant doctrine. The research results indicate the negative effect of the poor implementation of the corporate governance rules over employees’ rights, but also the fact that compliance with employees’ rights can be and should be an instrument of the effective and transparent corporate governance rather than a barrier, providing several directions for improving the labour relations in the corporate environment.

  8. Protected by pluralism? Grappling with multiple legal frameworks in groundwater governance

    NARCIS (Netherlands)

    Conti, K.I.; Gupta, J.

    2014-01-01

    Threats to groundwater sustainability demand governance. However, groundwater governance regimes are developing incongruously across geographic levels. Therefore, this research raises the question, how does lack of consensus regarding principles of groundwater law manifest itself as legal pluralism

  9. Criminology and Socio- Cultural Aspects of the Anti-Dowry Law in India: A Feminist Critique

    Directory of Open Access Journals (Sweden)

    Varma Chitwan

    2014-04-01

    Full Text Available In India, the custom of dowry [payment of cash /gifts from the bride family to the bridegroom's family at marriage] not only encouraged parents to be sex selective and abort female embryos [causing skewed sex ratio] and greedy husbands and in-laws to torture and burn brides if their demands were not satiated, it also lowered women status/equality drastically. As a political positive corrective and feminist intervention the government not only banned dowry, it also introduced section 498-A in the Indian Penal Code - a non -bailable, non-compoundable and cognizable offence, against husband or relative, on cruelty to a married woman. But the law is dysfunctional due to lack of awareness, illiteracy, socio-cultural factors & joint family system. Sometimes all the adults of the family are put in jail along with infants, just on complaint, without investigations with school going children left alone to fend for themselves. On the basis of data of four districts of Bundelkhand in India where more than 40% of women jail inmates are under trials for s498A, the paper questions the criminology and impact of reforms/laws alone to curtail gender-based violence, when the basic values within the family, community and state remain patriarchal and against women.

  10. IMPACT OF THE RECENT REFORMS ON INDIAN ARBITRATION LAW

    Directory of Open Access Journals (Sweden)

    R. Moonka

    2017-01-01

    Full Text Available In order to give effect to the UNICITRAL Model Law on Arbitration and due to radical change in its economy as the result of the 1991 New Economic Policy (NEP India enacted the 1996 Arbitration & Conciliation Act. This Act provides a pragmatic legal basis for resolution of commercial disputes outside the court procedures. It circumscribes the older laws and consolidates multiple legal norms dealing with arbitration. However, the experiences in application of this Act for the last 20 years suggest that it needs to be amended as it contains serious drawbacks primarily due to poor legal technique which necessitated excessive judicial interventions and judicial overreach having led to resentment among those willing to resort to alternative dispute resolution under this Act while keeping the seat of Arbitration in India. Several attempts were made by the successive governments aiming at amending the 1996 Act. Yet all those attempts failed. Finally the present Union Government under the leadership of the Prime Minister Mr. Narendra Modi was able to bring in sweeping changes in existing arbitration law. These changes were carried out with the commitment of the Government in doing business in India through the Ordinance route and proper legislative procedures which finally led to the amendments having come into force on January 1, 2016. This paper attempts to analyse the key changes brought through the 2015 Amendment Act and their impact on the application of arbitration law in India. Moreover, the authors overview the prospects of India to acquire the preferred position in International Commercial Arbitration in the future as envisioned by the present Modi Government.

  11. Electromagnetic equations based on the law of Biot and Savart

    International Nuclear Information System (INIS)

    Yan, C.-C.

    1983-01-01

    The law of Biot and Savart is given some interpretations that may be of some help in presenting the law. Some possible consequences and the whole set of Maxwell-Lorentz equations are shown to be derivable from the law of Biot and Savart. It is pointed out that the failure or success of deriving the set of Maxwell-Lorentz equation from the law of Biot and Savart is intimately connected to the basic ideas of the theory of special relativity of Einstein. (Author) [pt

  12. Public Governance and Economic Growth in the Transitional Economies of the European Union

    Directory of Open Access Journals (Sweden)

    Yilmaz BAYAR

    2016-06-01

    Full Text Available According to new growth theories, public governance is an important determinant for sustained economic growth. This study examines the impact of six public governance indicators, including voice and accountability, political stability and the absence of violence/terrorism, government effectiveness, regulatory quality, rule of law and control of corruption, on the economic growth in the transitional economies of the European Union during the 2002-2013 period. The results show that all governance indicators except regulatory quality had a statistically significant positive impact on economic growth. Our findings also indicate that control of corruption and rule of law had the largest impact on economic growth, while political stability had the lowest impact.

  13. THE EMERGENCE OF A DISCIPLINE: INFORMATION LAW

    Directory of Open Access Journals (Sweden)

    Mihai-Ştefan DINU

    2016-06-01

    Full Text Available This paper aims to emphasize the fact that in the context of information society, regulations and laws governing information and data as well as information systems activities, must be prevalent. In this regard, we believe that at least on the educational and academic level the discipline of information law must be developed in accordance with the new challenges and threats to security, synchronized with the transformed paradigm of national and international security.

  14. Investigation on law and economics of listed companies' financing preference based on complex network theory.

    Directory of Open Access Journals (Sweden)

    Jian Yang

    Full Text Available In this paper, complex network theory is used to make time-series analysis of key indicators of governance structure and financing data. We analyze scientific listed companies' governance data from 2010 to 2014 and divide them into groups in accordance with the similarity they share. Then we select sample companies to analyze their financing data and explore the influence of governance structure on financing decision and the financing preference they display. This paper reviews relevant laws and regulations of financing from the perspective of law and economics, then proposes reasonable suggestions to consummate the law for the purpose of regulating listed companies' financing. The research provides a reference for making qualitative analysis on companies' financing.

  15. مقاربة ما بعد وضعية لأشكال القانون في المجتمع المعاصر

    Directory of Open Access Journals (Sweden)

    مراد بن سعيد

    2014-12-01

    Full Text Available to The aim of this article is to provide perceptions of the relationship between law and governance in the age of globalization, based on the contemporary political, economic, social and cultural transformations. To do so, the researcher will demonstrate the transformations of governance from statist and international to global and societal levels, the implications of these transformations on legal configurations, and the basic features of the concept of non-state law. Understanding contemporary legal configurations paves the way analyzing the relationship between global governance and law through the influence of law on global governance that produces the fragmentation or hybridization of law, and the influence of global governance on law that can be in the form of neo-totalitarian arrangements or extra-legal activism.

  16. Whitelisting and the Rule of Law

    DEFF Research Database (Denmark)

    Leander, Anna

    2016-01-01

    Leander’s chapter argues that whitelists in commercial security are establishing and consolidating a rule of law marked by managerialism. It closely describes the significance of the mundane, seemingly innocuous whitelists. Whitelists have proliferated as part of governance through Codes of Condu...

  17. 32 CFR 842.111 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ..., discovered peril, and comparative and contributory negligence are considered. Absolute liability is never... act or omission occurs governs the effect of the claimant's comparative or contributory negligence... apportioned if local law applies comparative negligence. (3) Proceeds from private insurance policies are not...

  18. Power-law Exponent in Multiplicative Langevin Equation with Temporally Correlated Noise

    Science.gov (United States)

    Morita, Satoru

    2018-05-01

    Power-law distributions are ubiquitous in nature. Random multiplicative processes are a basic model for the generation of power-law distributions. For discrete-time systems, the power-law exponent is known to decrease as the autocorrelation time of the multiplier increases. However, for continuous-time systems, it is not yet clear how the temporal correlation affects the power-law behavior. Herein, we analytically investigated a multiplicative Langevin equation with colored noise. We show that the power-law exponent depends on the details of the multiplicative noise, in contrast to the case of discrete-time systems.

  19. Responsibility with accountability: A FAIR governance framework for performance accountability of local governments

    Directory of Open Access Journals (Sweden)

    Anwar Shah

    2014-12-01

    Full Text Available This paper focuses on the role of local governments in bringing about fair, accountable, incoorruptible and responsive (FAIR governance. Local governments around the world have done important innovations to earn the trust of their residents and their comparative performance is of great interest yet a comprehensive framework to provide such benchmarking is not available. This paper attempts to fill this void, by developing a general framework for performance accountability of local governments and by relating real world practices to aspects of this framework. The proposed rating framework requires several types of assessments: (a their compliance with due process and law; (b monitoring of fiscal health for sustainability; (c monitoring of service delivery ; and (d citizens’ satisfaction with local services. The approach yields key indicators useful for benchmarking performance that can be used in selfevaluation and improvement of performance. t From an analysis of practices in local government performance monitoring and evaluation, the paper concludes that ad hoc ad-on self standing monitoring and evaluation systems are more costly and less useful than built-in tools and mechanisms for government transparency, self–evaluation and citizen based accountability such as local government output budgeting and output based fiscal transfers to finance local services.

  20. The politics of space - Who owns what? Earth law for space

    Science.gov (United States)

    Hosenball, S. N.

    1983-01-01

    Topics of concern in developing space law, i.e., international disagreements, the present status of space law, and requirements for future space activities, are discussed. Factors inhibiting agreements include governments that wish to control specific regions of GEO, the refusal of several countries to permit international DBS television broadcasts over their boundaries, the possibility that weapons may be placed in space, and the lack of international laws governing humans and industries in space. It is noted that any state entering an international agreement has relinquished some of its sovereignty. The Outer Space Treaty has removed celestial bodies from claims of national appropriation. States retain sovereignty over their citizens who travel in space, a problematical concept once internationally-manned settlements in space or on the moon are established. It is recommended that space law develop mainly in reaction to the implementation of new space capabilities in order to avoid hindering space activities.

  1. 5 CFR 930.205 - Administrative law judge pay system.

    Science.gov (United States)

    2010-01-01

    ... paragraph (a)(1) of this section. Such adjustments take effect on the 1st day of the first pay period... basic pay that equals or exceeds the applicant's highest previous Federal rate of basic pay, not to... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Administrative law judge pay system. 930...

  2. Germany: Changes in the radiation protection regime after implementation of the EURATOM Basic Standards and corresponding amendment of German law

    International Nuclear Information System (INIS)

    Peinsipp, N.

    1997-01-01

    The EURATOM Directive 96/29 of the EU Council is the basis for convergence of national radiation protection regimes towards an EU-wide Common system. The starting position looks fine: Despite the sometimes considerable divergence in political approaches to the use of atomic energy in the various EU Member States and not withstanding the higher number of Member States represented in the Council, the EURATOM Directive was passed by unanimous vote. This is primarily due to the excellent reputation of the ICRP and trust in its contributed draft proposals, so that acceptance of major contents of the Directive was not a problem. The contribution here, based on a lecture held at the Summer School for radiation protection in June 1997 in Berlin, summarizes the legal and other effects arising from transformation of the Directive and Basic Standards into German law. (orig./CB) [de

  3. Network governance and capacity of local governments to deliver LED in Uganda

    Directory of Open Access Journals (Sweden)

    Rose B Namara

    2016-02-01

    Full Text Available This paper discusses network governance and its contribution to the capacity of local governments (LGs to deliver local economic development (LED in Uganda. Although a formal LED policy was only established in Uganda in February 2014, there have been LED-inspired practices in the past decade. Various scholars and practitioners have observed that the autonomy and capacity of LGs to deliver LED is limited, but have been hopeful that new governance strategies like network governance would increase the capacities of LGs. However, neither network governance arrangements among LGs, nor their potential to improve governance capacity, have been documented. In a case study of Kyenjojo District, this paper finds that existing network governance arrangements have been fundamental in improving financial autonomy at this LG, delivering some income to invest in LED activities, although no evidence was found of reduced transaction costs in transforming local economies. The study further reveals that network governance arrangements have not led to the development of specialised skills in regulation or law enforcement, and capacity gaps are evident amongst staff and members in understanding the private sector and how it works. On a positive note, there is clear evidence of attempts by the LG to be innovative. Based on these findings, this study recommends that LGs need to consider a multi-pronged or multi-network governance approach to LED, which in turn will require a refocusing of governance mechanisms to become more dynamic and responsive, and offer incentives to the various actors in the development sector.

  4. BRIEF COMMENTS REGARDING THE INDIRECT (OR DERIVED) SOURCES OF LABOR LAW

    OpenAIRE

    Brîndușa Vartolomei

    2015-01-01

    In the field of the law governing the legal work relations one of the features that also contributes to defining the autonomy of labor law is that of the existence of the specific sources of law consisting in regulation on the functioning of the employer, internal regulation, collective labor agreement, and instructions regarding the security and labor health. In addition, in the practical field of the labor relationssome indirect (or derived) sources of law were also pointed out ...

  5. Environmental governance and role of judiciary in India

    International Nuclear Information System (INIS)

    Sahu, G.

    2005-01-01

    This paper attempts to examine the role of judiciary in environmental governance of India in terms of judiciary intervention in the environmental policy making process as well as its role in the implementation of existing environmental laws and shaping its implementation process. In consonance with this exercise, the paper has highlighted the contributing factors influencing judiciary role in environmental governance and thereby examines the impact of judicial intervention in environmental governance of India. The discussion in the paper is drawn from the case studies of a few environmental cases where the role of judiciary in environmental governance can be observed. (author)

  6. On the critical or geometrical nature of the observed scaling laws associated with the fracture and faulting processes

    Science.gov (United States)

    Potirakis, Stelios M.; Kopanas, John; Antonopoulos, George; Nomicos, Constantinos; Eftaxias, Konstantinos

    2015-04-01

    One of the largest controversial issues of the materials science community is the interpretation of scaling laws associated with the fracture and faulting processes. Especially, an important open question is whether the spatial and temporal complexity of earthquakes and fault structures, above all the interpretation of the observed scaling laws, emerge from geometrical and material built-in heterogeneities or from the critical behavior inherent to the nonlinear equations governing the earthquake dynamics. Crack propagation is the basic mechanism of material's failure. A number of laboratory studies carried out on a wide range of materials have revealed the existence of EMEs during fracture experiments, while these emissions are ranging in a wide frequency spectrum, i.e., from the kHz to the MHz bands. A crucial feature observed on the laboratory scale is that the MHz EME systematically precedes the corresponding kHz one. The aforementioned crucial feature is observed in geophysical scale, as well. The remarkable asynchronous appearance of these two EMEs both on the laboratory and the geophysical scale implies that they refer to different final stages of faulting process. Accumulated laboratory, theoretical and numerical evidence supports the hypothesis that the MHz EME is emitted during the fracture of process of heterogeneous medium surrounding the family of strong entities (asperities) distributed along the fault sustaining the system. The kHz EME is attributed to the family of asperities themselves. We argue in terms of the fracture induced pre-seismic MHz-kHz EMEs that the scaling laws associated with the fracture of heterogeneous materials emerge from the critical behavior inherent to the nonlinear equations governing their dynamics (second-order phase transition), while the scaling laws associated with the fracture of family of asperities have geometric nature, namely, are rooted in the fractal nature of the population of asperities.

  7. Governing the Nexus for Sustainability

    Directory of Open Access Journals (Sweden)

    Marx Sina

    2015-01-01

    Full Text Available This report summarizes the challenges of and requirements for effective governance of the water, energy and food nexus. With global dynamics such as climate change, urbanization and changing consumption patterns, governing resources in a coherent manner becomes both more complex and more relevant for sustainable development. Governance challenges include nexus economics (costs and benefits of different approaches to resource management, institutional design (like questions of how decision-making should be best distributed and good governance (how to make sure that nexus governance adheres to certain agreed upon principles and values. In terms of economics, a balance between sector specific actions and nexus governance is required. For effective decision-making it is important that power among different institutions is both distributed and coordinated. Good nexus governance requires targets that can be monitored to make sure that basic principles are followed and to examine whether progress toward sustainable development is being made.

  8. Constitutional legitimacy: Sharia Law, Secularism and the Social Compact

    Directory of Open Access Journals (Sweden)

    Zia Akhtar

    2011-05-01

    Full Text Available This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for some crimes and these were promulgated in the early 1980s during the reign of the Pakistani conservative military government. These different layers of jurisprudence do not accord with a uniform legal precedence and creates a clash between liberals and the fundamentalists who want an all pervasive Sharia law. The Pakistani legal canon of Islamic law has been restricted by the secular ideology of the state which has parallels in other Asian countries with a Muslim majority. However, there is an issue of compatibility of a secular ideology and the application of Sharia. It needs an exposition of thought that takes account of the enlightenment in Europe which led to the social contract theory in the 18th century. This theory rejects the narrow interpretation of divine authority and presents the jurist with a challenge to make modernize the laws. In recent times Muslim academics have adopted a critical approach against the tenets of conservatism in temporal Islam and called them unrepresentative of the true spirit of the Sharia. The present turmoil in the Arab countries has raised the question of legitimacy and the need arises to evaluate the principles of the Compact of Medina, which was proclaimed by the first Islamic state, and secondly, to enquire if the adoption of Sharia can be made

  9. Law Enforcement of Cyber Terorism in Indonesia

    Directory of Open Access Journals (Sweden)

    Sri Ayu Astuti

    2015-12-01

    Full Text Available Cyber terrorism is one of the category of crimes that cross border organized and has been established as an extraordinary crime. This crime is becoming a serious threat to countries in the world. In this regard, the Government's attitude of firmness needed to enforce cyber laws against the freedom development in social media. The development of the immeasurable it in the country of Indonesia required the limitations by doing legal liability over the behavior of law which deviates towards the use of technology tools. Strict law enforcement efforts as a clear attitude to stop actively moving massive terrorism, by enacting the provisions of the law on information and electronic transactions as well as the law of terrorism effectively. How To Cite: Astuti, S. (2015. Law Enforcement of Cyber Terorism in Indonesia. Rechtsidee, 2(2, 157-178. doi:http://dx.doi.org/10.21070/jihr.v2i2.82

  10. The Evolution of the Social Criminal Law on an International Wide Scale

    Directory of Open Access Journals (Sweden)

    Radu Razvan Popescu

    2009-06-01

    Full Text Available Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the labor criminal law, as an interference zone between the criminal law and labor law, has to be regarded from the internal social realities governing the labor aspects, as well from the comparative law's point of view.

  11. Making law work for the poor

    Energy Technology Data Exchange (ETDEWEB)

    Cotula, Lorenzo

    2005-11-15

    To many, law – the systems of binding rules governing human relations – seems remote from the reality of daily struggle in poor and marginalised communities around the world. Yet, directly or indirectly, legal rules shape the way we behave in our everyday life, and contribute to organise social and economic relations (from commercial codes to EC 'freedom-of-movement' treaty provisions to welfare state legislation). Since the 1960s, development agencies have supported law reform processes in developing countries. Interest in law reform was recently revived by the recognition of the importance of institutional frameworks for social change ('New Institutional Economics'), and by the attention paid by several development agencies to concepts like good governance and the rule of law. Earlier emphasis on 'legal transplants' and naive assumptions about the way the law operates have given way to a better understanding of the complex nature of processes of legal and socio-economic change. Drawing on three examples, this paper explores the extent to which legal tools can contribute to improve the lives of poorer groups in both developing and developed countries; the conditions under which this is possible; and the constraints that such tools face in the pursuit of this aim. The paper aims to spark reflection and debate on these issues – not to come up with definitive answers. It is likely to be of interest for development lawyers, development practitioners working at a macro-planning level, and researchers. As for development practitioners, the paper sets out the case for taking law seriously as a tool for positive change. As for development lawyers, it argues that designing and implementing legal interventions that deliver that positive change is function not only of sound legal thinking, but also of a solid understanding of power relations and other social, cultural, political and economic factors that affect the way the law operates in

  12. Nuclear energy and radiation protection law: no. 14 1987

    International Nuclear Information System (INIS)

    1987-01-01

    The full text of Jordan's Nuclear Energy and Radiation Protection Law, no. 14 1987. The law's 39 articles govern all aspects organizing the utilization of nuclear energy and radiation protection activities in the country; including terms and conditions for licensing activities and personnel, and the import, export, and disposal of radioactive sources. The law establishes for the purpose of implementing its regulations, a consultative technical committee and a radiation protection board, both in the Ministry of Energy and Mineral Resources

  13. On the obligation to obey the law

    Directory of Open Access Journals (Sweden)

    Zekavica Radomir G.

    2016-01-01

    Full Text Available The paper considers the question of a general obligation to obey the law. The author presents and analyzes the most significant views and arguments in support of the thesis that there is a general obligation to obey the law, as well as those understandings which are refuse this thesis. In concluding remarks the author presents a critical review of some key issues about general obligation to obey the law. In addition, the author outlines a hypothetical model of society and the legal system under which such an obligation is possible and has also asserted the basic assumptions and principles upon which it can be justified and reasonable. .

  14. Derivation of magnetic Coulomb's law for thin, semi-infinite solenoids

    OpenAIRE

    Kitano, Masao

    2006-01-01

    It is shown that the magnetic force between thin, semi-infinite solenoids obeys a Coulomb-type law, which corresponds to that for magnetic monopoles placed at the end points of each solenoid. We derive the magnetic Coulomb law from the basic principles of electromagnetism, namely from the Maxwell equations and the Lorentz force.

  15. International law implications of the detection of extraterrestrial intelligent signals

    Science.gov (United States)

    Kopal, Vladimir

    This paper first considers whether the present law of outer space, as it has been enshrined in five United Nations treaties and other legal documents concerning outer space, provides a satisfactory basis for SETI/CETI activities. In the author's opinion, these activities may serve "the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes," as recognized in the 1967 Outer Space Treaty. The use of the radio frequency spectrum for SETI/CETI purposes should be in conformity with the legal principles governing this valuable natural resource, as expressed in the International Telecommunication Convention and related documents, and with allocations of the relevant segments of the spectrum by the competent bodies of the International Telecommunication Union. In the second part the author examines the impact that the detection of extraterrestrial intelligent signals may have on the present body of space law. A possible role for the United Nations in this respect is also explored and a timely interest of the world body in discussing questions relating to this subject is recommended. Consideration of these questions could become a tool helping to concentrate the attention of the world community on problems of common concern and thus to strengthen international cooperation. However, the author believes that a law-making process that would aim at elaborating a special regulation of activities in this field would be premature at this stage. It should be initiated only when the boundary between possibilities and realities is crossed. Finally, the paper outlines some likely transformation in our space law thinking that would be the consequence of the detection of extraterrestrial intelligent signals. Elaboration of the principles and norms to govern relations between the international community of our own planet and other intelligent communities in the universe would add a new dimension to the present body of outer space

  16. 33 CFR 66.01-1 - Basic provisions.

    Science.gov (United States)

    2010-07-01

    ... obviate the necessity of complying with any other Federal, State or local laws or regulations. (d) With the exception of radar beacons (racons) and shore based radar stations, operation of electronic aids... those operated by the Federal Government (part 62 of this subchapter) or those operated in State waters...

  17. Thinking Like a Government Documents Librarian.

    Science.gov (United States)

    Malone, Chuck

    1998-01-01

    Explains ways to find government information on the Internet and from other sources such as online catalogs and CD-ROMs. Highlights include determining the appropriate agency involved, sources of information, finding statistics, researching legislation, the relationship between laws and regulations, and ambiguous citations. (LRW)

  18. Private food law : governing food chains through contracts law, self-regulation, private standards, audits and certification schemes

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2011-01-01

    Since the turn of the Millennium, world-wide initiatives from the private sector have turned the regulatory environment for food businesses upside down. For the first time in legal literature this book analyses private law initiatives relating to the food chain, often referred to as private

  19. Immigrant Rights in Iran and Canada and International Law

    Directory of Open Access Journals (Sweden)

    Forouzan Lotfi

    2017-09-01

    Full Text Available After World War II, migration, particularly in the post-Cold War became a global challenge. Today, there are 191 million migrants around the world that constitutes 3 percent of the world's total population. And it is a fact that has various social, economic, humanitarian, political and especially juridical dimensions and effects at the international level as an international issue. National Immigration Law is a part of the legal system governing the strangers in the host state whose provisions are determined by the domestic legal system of the recent state. Although the standards of international law are intended to govern migration, but in this case, however, the regulation of the source government is ineffective. Unless there are specific treaty arrangements while global recruits in the field of migration are specifically impossible and regional multilateral treaties can only be cited. This article tries to review and analyze the immigrant rights in Iran as a source country and Canada as a host country with their own different rights regarding the immigrants by a descriptive - analytical approach. Because of tangible vacuum in the literature of international law and the need to explore other sources of international law, according to the first paragraph of Article 38 of the Statute of the International Court of Justice, on the one hand and the necessity of this article in Iran as a transit country for migration and particularly to Canada on the other hand, conducting this research is of great importance.

  20. Scylla or Charybdis? Historical Reflections on Two Basic Problems of Corporate Governance

    OpenAIRE

    Naomi R. Lamoreaux

    2009-01-01

    Shareholders in corporations face two very different types of governance problems: expropriation by controlling shareholders or managers; and expropriation by greedy rulers or, more generally, by the state. The problem is that the more successful investors are in protecting their capital from the grabbing hand of the state, the less they are able to call upon the state to protect it from the grabbing hand of corporate insiders. Conversely, the more investors are able to call upon government t...

  1. Monitoring good corporate governance in developing countries ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... The call for good corporate governance was as a result of the scandal and collapse ... This paper made use of legislation, regulations (Codes of best practices) and ...

  2. Paternalism and its discontents: motorcycle helmet laws, libertarian values, and public health.

    Science.gov (United States)

    Jones, Marian Moser; Bayer, Ronald

    2007-02-01

    The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists' advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering.

  3. Casuistry as common law morality.

    Science.gov (United States)

    Paulo, Norbert

    2015-12-01

    This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin's version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of paradigms. The most important limitations--the possibilities of overruling and distinguishing paradigm norms--are similar in common law and in casuistry, or so it is argued. These limitations explain why casuistry is not necessarily overly conservative and conventional, which is one line of criticism to which casuists can now better respond. Another line of criticism has it that the very reasoning from case to case is extremely unclear in casuistry. I suggest a certain model of analogical reasoning to address this critique. All my suggestions to understand and to enhance casuistry make use of common law reasoning whilst remaining faithful to Jonsen and Toulmin's main ideas and commitments. Further developed along these lines, casuistry can appropriately be called "common law morality."

  4. The Freedom of Information Act and Government's Corporate Information Files.

    Science.gov (United States)

    Kielbowicz, Richard B.

    1978-01-01

    Discusses exemptions to the Freedom of Information Act that prevent disclosure of some types of corporate information supplied to the federal government. Examines case law that has developed around these exemptions and gages the degree to which they block access to corporate information held by the government. (GW)

  5. The Applicability of Governance at King Saud University in Riyadh

    Science.gov (United States)

    Kentab, Mohammad Y.

    2018-01-01

    The problem of the study revolves around the application of the requirements of governance at King Saud University. The study aims to identify the extent of governance requirements at King Saud University as seen by faculty members through transparency, accountability, organizational structure, laws, regulations, and justice. To achieve the…

  6. The rule of law in governance in Nigeria | Nwogu | Nnamdi Azikiwe ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 1 (2010) >. Log in or Register to get access to full text downloads.

  7. Service, Comfort, or Emotional Support? The Evolution of Disability Law and Campus Housing

    Science.gov (United States)

    Bauman, Mark; Davidson, Denise L.; Sachs, Michael C.; Kotarski, Tegan

    2013-01-01

    Comprehension and application of law in campus housing settings can be a daunting task. Though challenging, a basic understanding of law and how it applies to residence life and housing environments within institutions of higher education is crucial. This article provides an historical evolution of three laws that have direct bearing on campus…

  8. Handbook on Nuclear Law: Implementing Legislation (Spanish Edition)

    International Nuclear Information System (INIS)

    Stoiber, C.; Cherf, A.; Tonhauser, W.; Vez Carmona, Maria de Lourdes

    2012-01-01

    In 2003, the IAEA published the Handbook on Nuclear Law (the 2003 Handbook), which emphasized that the safe and peaceful uses of nuclear energy in any State can only be ensured with the promulgation and implementation of an effective national legal framework to govern this technology. The IAEA has long been involved in providing assistance to its Member States in developing these frameworks, and demand for such assistance has increased dramatically. Since publication of the 2003 Handbook, requests for IAEA legislative assistance have - if anything - been even more numerous, in large part due to the fact that over sixty Member States that currently do not utilize nuclear energy for the production of electrical power have recently expressed interest in pursuing this option. The current nuclear laws in many of these States are limited to non-power uses of ionizing radiation, such as those utilizing radiation sources for medical, agricultural and industrial purposes. If these States move toward nuclear power development, they will need to adopt legislation consistent with the various relevant international legal instruments covering the field (such as the Convention on Nuclear Safety and the Convention on the Physical Protection of Nuclear Material, among others) and with relevant voluntary guidance documents developed under the aegis of the IAEA. The 2003 Handbook has already made an important contribution to enhancing national capabilities to develop the necessary legal frameworks by setting out the general scheme of nuclear law. However, a number of important developments in nuclear law have occurred since its publication. These developments are discussed in the present volume. Also, over the past six years, representatives of many Member States receiving IAEA legislative assistance have suggested that it would be valuable to develop model texts of legislative provisions covering the key elements needed in a national nuclear law. The present volume provides such

  9. [Radiation protection in orthopaedics: implications for clinical practice of the new regulations governing roentgen ray irradiation and radioprotection].

    Science.gov (United States)

    Nestle, U; Berlich, J

    2006-05-01

    In 2001 or 2002, the legislator made substantial alterations to the "Röntgenverordnung" [regulations governing use of roentgen ray radiation] and "Strahlenschutzverordnung" [regulations governing radiation protection]. This was done to bring German law in line with EU Directives 96/29/Euratom (basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation) and 97/43/Euratom (health protection of individuals against the dangers of ionizing radiation in relation to medical exposure). Proper use of radiation in medicine requires that those involved in its application are aware of the biological effects of radiation. When staff and others are protected good organization and appropriate technology at the workplace can achieve a great deal. In the new directives, the radiation protection for the patient is quantified and the responsibility of the physician is clearly pointed out. The most important aim is uniform quality throughout Europe in radiological diagnosis and radiation protection.

  10. Powerful subjects of tax law enforcement

    OpenAIRE

    Igor Dementyev

    2017-01-01

    УДК 342.6The subject. Competence of government bodies and their officials in the sphere of application of the tax law is considered in the article.The purpose of research is to determine the ratio of tax enforcement and application of the tax law, as well as the relationship between the concepts “party of tax enforcement” and “participant of tax legal relations”.Main results and scope of their application. The circle of participants of tax legal relations is broader than the circle of parties...

  11. Judicial control authority and third-party action as laid down in the Atomic Energy Law

    International Nuclear Information System (INIS)

    Degenhart, C.

    1981-01-01

    The author points out the fundamental complex of problems. From the 'undetermined' legal term of imperative prevention of damage as defined by Sect. 7 para. 2 (3) of the Atomic Energy Law follows the judicial claim for detailed analysis of facts in case of minor radioactive exposure under normal operation and in case of accident prevention. He discusses the relation of the Atomic Energy Law to the Basic Law and to the normative structure of the Atomic Energy Law. The re-orientation to be found in the judicial approach to control does recognize sanctuaries of the executive. Control density and the right of third parties to take action are closely interrelated. From the integration - according to subjective law and basic law - of the Atomic Energy Law into the realtionship existing between technological and cultural development, and the material relation of licences granted for nuclear installations follows a reduction of judicial control intensity, at least for the procedural constellation of third-party actions. (HSCH) [de

  12. Basic Versus Supplementary Health Insurance : Moral Hazard and Adverse Selection

    NARCIS (Netherlands)

    Boone, J.

    2014-01-01

    This paper introduces a tractable model of health insurance with both moral hazard and adverse selection. We show that government sponsored universal basic insurance should cover treatments with the biggest adverse selection problems. Treatments not covered by basic insurance can be covered on the

  13. Basic versus supplementary health insurance : Moral hazard and adverse selection

    NARCIS (Netherlands)

    Boone, J.

    This paper introduces a tractable model of health insurance with both moral hazard and adverse selection. We show that government sponsored universal basic insurance should cover treatments with the biggest adverse selection problems. Treatments not covered by basic insurance can be covered on the

  14. Visiting Power Laws in Cyber-Physical Networking Systems

    Directory of Open Access Journals (Sweden)

    Ming Li

    2012-01-01

    Full Text Available Cyber-physical networking systems (CPNSs are made up of various physical systems that are heterogeneous in nature. Therefore, exploring universalities in CPNSs for either data or systems is desired in its fundamental theory. This paper is in the aspect of data, aiming at addressing that power laws may yet be a universality of data in CPNSs. The contributions of this paper are in triple folds. First, we provide a short tutorial about power laws. Then, we address the power laws related to some physical systems. Finally, we discuss that power-law-type data may be governed by stochastically differential equations of fractional order. As a side product, we present the point of view that the upper bound of data flow at large-time scaling and the small one also follows power laws.

  15. Yearbook of environmental and engineering law 1990

    International Nuclear Information System (INIS)

    Marburger, P.

    1990-01-01

    The yearbook 1990 again contains individual contributions on German, foreign, and international environmental and engineering law. Beginning with this volume, there will always be a detailed report on previous year developments in environmental and engineering law in order to master the continuously increasing legal material. Some contributions - there are others - deal with the following subjects: Legislative need to act in matters of genetic engineering; ethics commissions and constitutional law; nature's own rights; legal protection of local government against brown coal plans; mining laws; sports and air-traffic noise; questions of nuclear waste management; removal of long-standing multi-party liability in environmental law; waste and restoration of abandoned industrial sites; technological development and liability insurance; problems of legislation coming into effect in pollution abatement procedures; Dutch air pollution abatement fund; environmental absolute liability in Austria; EC environmental legislation and solo actions by individual member states. (HSCH) [de

  16. Toward establishing basic rights of victims in Japan

    Directory of Open Access Journals (Sweden)

    Morosawa Hidemichi

    2008-01-01

    Full Text Available The author talks about improving victim rights in Japan and his important role in it. A period of Victims’ Renaissance in Japan began in the 1990s when the Japanese Association of Victimology and Mito Victim Assistance Cener, first non-governmental community-based integrated victim support center in Japan were established. Since May 1999 to May 2004, four laws such as “Crime Victim Protection Law”, “Child Abuse Prevention Law”, “Law for Proscribing Stalking Behavior” and so on were enacted and six laws were reformed. The word “rights of victim”, did not appear in any laws. After 2000, the National Association of Crime Victims and Surviving Families (NAVS played an important role. This Association achieved a great success in securing victims a position as the subject of rights. In June 2007, Japan changed the Criminal Procedure Law. This new law will be effective on six months after the day of promulgation. Japanese Government will promulgate it till the end of 2007. Under this new law, crime victims will be allowed to take part in criminal trials, and also make statements during trials.

  17. The Federal Depository Library Program (FDLP), Academic Libraries, and Access to Government Information

    Science.gov (United States)

    Jaeger, Paul T.; Bertot, John Carlo; Shuler, John A.

    2010-01-01

    The electronic environment has significantly shifted library capabilities and user expectations for the delivery of government information and services. At the same time, many laws of the federal government have pushed for the creation and distribution of government information through electronic channels. However, the Federal Depository Library…

  18. Collections of laws and ordinances concerning radiation injury prevention as of July 24, 1981

    International Nuclear Information System (INIS)

    Tsuruta, Takao

    1981-01-01

    There are laws, government and ministerial ordinances and notifications, each of them bears a definite role, and the contents of the legal regulation on a certain range of matter are determined by their close interrelation and mutual supplementation. Many laws and ordinances concerning atomic energy also form a legal system under such mutual relation. The Atomic Energy Act is positioned at its top, and the main part related to radiation injury prevention comprises a law, two ordinances, a regulation and a notification. Such relationship of individual laws and ordinances is mostly shown in lower rank laws and ordinances. In Chapter 1 of this book, the Atomic Energy Act and the government ordinance concerning the definition of nuclear fuel materials, nuclear raw materials, nuclear reactors and radiation are described. In Chapter 2, the law concerning prevention of radiation injuries due to radiactive isotopes and others, the ordinances and eight notifications closely related to them are collected. In Chapter 3, other related laws and ordinances are gathered. To understand the laws and ordinances synthetically and systematically, the provisions of different laws and ordinances, which are mutually related, are arranged together showing their relation. (Kako, I.)

  19. [The reform of Spanish abortion law].

    Science.gov (United States)

    Requero Ibáñez, José Luís

    2009-01-01

    The article focuses on the different factors and circumstances that have led to the reform of Spanish Abortion Law (1985). Judicial investigations of several abortion clinics have demonstrated that up until today there has been a widespread tendency of the clinics to practice beyond the limits established by the law. Nonetheless, the reaction of the government has not been to protect the life of the unborn. Its reaction has been, however, to cover the irregularities committed by the abortionists through the legalization of their abusive practices. Besides, the reform of the law has been inspired by elements of radical feminism. The author points out the major reasons that make this reform unconstitutional and offers alternative solutions for the protection of the mother and the unborn child.

  20. Security Cooperation Activities: Strengthening a Partner Military and its Governing Institutions

    Science.gov (United States)

    2016-05-26

    governments suffered from economic instability , corruption, poor rule of law, and low administration of justice. Government and economic stability ...types of programs applied. Conditions defining allied state characteristics are military structure, government polity rating, and economic stability ...regional instability . Dr. Michael Mihalka and Mr. Mark Wilcox covered the trends in liberal democracy in the South Caucasus in light of economic

  1. The News Media and the Government: Clash of Concentrated Power.

    Science.gov (United States)

    Freedom House, Inc., New York, NY.

    This document brings together news media and constitutional law specialists with past and present government officials to define the areas of conflict and the operative constitutional rules and to devise ways to maximize the flow of information to the public without destructive confrontations between the media and government. Contents include:…

  2. Economics of mining law

    Science.gov (United States)

    Long, K.R.

    1995-01-01

    Modern mining law, by facilitating socially and environmentally acceptable exploration, development, and production of mineral materials, helps secure the benefits of mineral production while minimizing environmental harm and accounting for increasing land-use competition. Mining investments are sunk costs, irreversibly tied to a particular mineral site, and require many years to recoup. Providing security of tenure is the most critical element of a practical mining law. Governments owning mineral rights have a conflict of interest between their roles as a profit-maximizing landowner and as a guardian of public welfare. As a monopoly supplier, governments have considerable power to manipulate mineral-rights markets. To avoid monopoly rent-seeking by governments, a competitive market for government-owned mineral rights must be created by artifice. What mining firms will pay for mineral rights depends on expected exploration success and extraction costs. Landowners and mining firms will negotlate respective shares of anticipated differential rents, usually allowing for some form of risk sharing. Private landowners do not normally account for external benefits or costs of minerals use. Government ownership of mineral rights allows for direct accounting of social prices for mineral-bearing lands and external costs. An equitable and efficient method is to charge an appropriate reservation price for surface land use, net of the value of land after reclamation, and to recover all or part of differential rents through a flat income or resource-rent tax. The traditional royalty on gross value of production, essentially a regressive income tax, cannot recover as much rent as a flat income tax, causes arbitrary mineral-reserve sterilization, and creates a bias toward development on the extensive margin where marginal environmental costs are higher. Mitigating environmental costs and resolving land-use conflicts require local evaluation and planning. National oversight ensures

  3. Right to Basic Education and State Responsibility

    Science.gov (United States)

    Singh, Kishore

    2010-01-01

    The right to education is an internationally recognized right. As part of the global movement for Education for All in the past two decades, the right to basic education has emerged in international law, and it carries international obligations--political and legal--on account of collective commitments by the international community for its…

  4. Values in global administrative law [essays in honour of Spyridon Flogaitis and Gérard Timsit

    CERN Document Server

    2011-01-01

    Global administrative law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. Focusing in particular on the search for accountability and legitimacy, it carries with it: testing questions about democracy in post-Westphalian society; the meaning of ideas of "publicness" and "public good;" and the global relevance of values that include due process, equality, and fundamental rights. These, and other issues, are key to critiquing the form of governance that now envelops the globe. This collection of essays brings together leading public law scholars who are working in the field of global administrative law. Based on papers presented at a workshop held at Sciences-Po in Paris in late 2008, it addresses past and future challenges related to global governance. Eac...

  5. The second laws of quantum thermodynamics.

    Science.gov (United States)

    Brandão, Fernando; Horodecki, Michał; Ng, Nelly; Oppenheim, Jonathan; Wehner, Stephanie

    2015-03-17

    The second law of thermodynamics places constraints on state transformations. It applies to systems composed of many particles, however, we are seeing that one can formulate laws of thermodynamics when only a small number of particles are interacting with a heat bath. Is there a second law of thermodynamics in this regime? Here, we find that for processes which are approximately cyclic, the second law for microscopic systems takes on a different form compared to the macroscopic scale, imposing not just one constraint on state transformations, but an entire family of constraints. We find a family of free energies which generalize the traditional one, and show that they can never increase. The ordinary second law relates to one of these, with the remainder imposing additional constraints on thermodynamic transitions. We find three regimes which determine which family of second laws govern state transitions, depending on how cyclic the process is. In one regime one can cause an apparent violation of the usual second law, through a process of embezzling work from a large system which remains arbitrarily close to its original state. These second laws are relevant for small systems, and also apply to individual macroscopic systems interacting via long-range interactions. By making precise the definition of thermal operations, the laws of thermodynamics are unified in this framework, with the first law defining the class of operations, the zeroth law emerging as an equivalence relation between thermal states, and the remaining laws being monotonicity of our generalized free energies.

  6. Cost-effective utilisation of basic biochemical laboratory ...

    African Journals Online (AJOL)

    ... of Chemical Pathology, University of KwaZulu-Natal/National Health Laboratory Service (NHLS) ... the basic principles that govern the selection ... issues of quality control and the audit trail of quality assurance in the maintenance of the.

  7. Collection of laws and ordinances concerning regulation of atomic energy, 1991 edition

    International Nuclear Information System (INIS)

    1990-01-01

    This is the collection of the laws and ordinances on the regulation of atomic energy, 1991 edition, published under the supervision of Nuclear Safety Bureau, Science and Technology Agency. First, the abbreviated indication of the laws and ordinances is shown. The contents are those as of September 30, 1990. 12 basic laws and ordinances, 45 laws and ordinances on the regulation of nuclear raw materials, nuclear fuel materials and nuclear reactors, 26 laws and ordinances on the prevention of the radiation injuries due to radioisotopes and others, and 29 related laws and ordinances are collected in this book. (K.I.)

  8. Legal provisions governing the acknowledgment of test results

    International Nuclear Information System (INIS)

    Strecker, A.

    1982-01-01

    The legal provisions governing the acknowledgment of test results are most frequently applied by administrative orders (design and qualification approvals or specimen testing and approval) and are thus claimable and voidable in accordance with general administrative law. The acknowledgment of test certificates requires a legal basis. Test results, however, can be acknowledged also by administrative bodies. Recently, the Federal Government began to delegate more of its legal authority in this field to private institutions, allowing test results to be acknowledged and test certificates to be issued by government controlled private institutions. (orig.) [de

  9. What is behind the dualist and monist debate in international law?

    Directory of Open Access Journals (Sweden)

    Ganić Senad F.

    2017-01-01

    Full Text Available Discussion on the relationship between internal and international law takes a very long time and is still ongoing. Over time, this discussion is shaped into two theoretical understanding and explanation of this relations, which manifested in the legal science through the dualist and monist debate. Despite the fact, that the basics of these two theories are known to us, it seems that the additional dealing with the arguments that have been offered in this debate are very important. Especially because we believe, that one of these two theories, and this is the one that represents the dualistic approach, does not have its foundation only in law. On the contrary, it seems that the arguments of dualist theory, offers only attempts to seemingly under the guise of legal arguments, justify the concept of understanding of international law, which actually means its negation. Especially, if the basics of dualism are placed in relation with the contemporary international law and the modern conception of state sovereignty. Therefore, we believe that further review of this issue can be useful. Because the extending the effects of the norms of international law, which is the process that follows the development of this branch of law, this debate becomes actualiyed over and over again.

  10. Corporate Governance During Market Transition: Heterogeneous responses to institutional tensions in China

    NARCIS (Netherlands)

    P-O. Legault Tremblay (Pierre-Olivier)

    2015-01-01

    textabstractCorporate governance in transition economies does not fit in the dominant normative models. China embodies institutional tensions between an inherited system of political governance and new laws transplanted from Western countries that empower external shareholders on capital markets.

  11. Smoke-free laws and direct democracy initiatives on smoking bans in Germany: a systematic review and quantitative assessment.

    Science.gov (United States)

    Kohler, Stefan; Minkner, Philipp

    2014-01-03

    Germany's 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens' or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman's ρ = 0.51, p = 0.04). The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions.

  12. Legal Frameworks for Higher Education Governance in Sub-Saharan Africa

    Science.gov (United States)

    Saint, William

    2009-01-01

    This is a preliminary survey of the laws and statutes that determine governance arrangements for higher education systems as well as individual institutions in 24 countries of Sub-Saharan Africa. Following an overview of recent higher education governance trends within Africa, it describes the current range of practice and most common approaches…

  13. The Konrad mine. No more recourse to law?

    International Nuclear Information System (INIS)

    Schneider, Horst

    2010-01-01

    The constitutional guarantee in Article 19, Para. 4 of the Basic Law, expressed as a fundamental right, implies that everybody whose rights were violated by public action may have recourse to law. These constitutional principles, of course, also apply to the execution of atomic laws and to resorting to courts of law against actions by federal and state authorities under the Atomic Energy Act. This guaranteed recourse to law may, even if possibilities of so-called immediate execution of decisions by authorities are employed, lead to proceedings dragging on for years but, in the end, will result in legal certainty. The plans approval decision about construction and operation of the Konrad Mine as a repository for radioactive waste was passed in May/June 2002 and, as expected, became the subject of litigation. In late March 2007, the Federal Administrative Court rejected the complaints on very detailed grounds. This constituted the end of the legal measures open under administrative law. In the German system of legal redress, this then leaves everybody the possibility to bring a complaint for unconstitutionality to the Federal Constitutional Court, provided a violation of basic rights is claimed. This approach was taken by 2 complaining parties. The complaint for unconstitutionality by the city of Salzgitter was rejected in a decision of non-acceptance in February 2008. On November 26, 2009, the Federal Constitutional Court reported that it had unanimously decided not to accept the complaint of unconstitutionality on November 10. This decision of non-acceptance by the Federal Constitutional Court must be seen both in a confirmatory light 'after Konrad' and in a sense of anticipation 'before Gorleben'. This completes the possibilities of having recourse to law in Germany. The only course remaining open is to appeal to the European Court of Human Rights, which is what the private prosecutor had announced earlier. (orig.)

  14. Religion and Attitudes toward Divorce Laws among U.S. Adults

    Science.gov (United States)

    Stokes, Charles E.; Ellison, Christopher G.

    2010-01-01

    This study examines religious differences in attitudes toward divorce laws among U.S. adults. Using pooled data from the 2000-2006 NORC General Social Surveys (N = 5,683), we find that frequency of religious attendance and belief that the Bible is the Word of God are strong predictors of support for stricter laws governing divorce. Indeed, these…

  15. Scaling and scale invariance of conservation laws in Reynolds transport theorem framework

    Science.gov (United States)

    Haltas, Ismail; Ulusoy, Suleyman

    2015-07-01

    Scale invariance is the case where the solution of a physical process at a specified time-space scale can be linearly related to the solution of the processes at another time-space scale. Recent studies investigated the scale invariance conditions of hydrodynamic processes by applying the one-parameter Lie scaling transformations to the governing equations of the processes. Scale invariance of a physical process is usually achieved under certain conditions on the scaling ratios of the variables and parameters involved in the process. The foundational axioms of hydrodynamics are the conservation laws, namely, conservation of mass, conservation of linear momentum, and conservation of energy from continuum mechanics. They are formulated using the Reynolds transport theorem. Conventionally, Reynolds transport theorem formulates the conservation equations in integral form. Yet, differential form of the conservation equations can also be derived for an infinitesimal control volume. In the formulation of the governing equation of a process, one or more than one of the conservation laws and, some times, a constitutive relation are combined together. Differential forms of the conservation equations are used in the governing partial differential equation of the processes. Therefore, differential conservation equations constitute the fundamentals of the governing equations of the hydrodynamic processes. Applying the one-parameter Lie scaling transformation to the conservation laws in the Reynolds transport theorem framework instead of applying to the governing partial differential equations may lead to more fundamental conclusions on the scaling and scale invariance of the hydrodynamic processes. This study will investigate the scaling behavior and scale invariance conditions of the hydrodynamic processes by applying the one-parameter Lie scaling transformation to the conservation laws in the Reynolds transport theorem framework.

  16. RE-EXAMINATION OF WAGNER’S LAW FOR OECD COUNTRIES

    Directory of Open Access Journals (Sweden)

    KORHAN GOKMENOGLU

    2013-02-01

    Full Text Available This paper investigates the relationship between government spending and economic growth. Economictheory generally expects a negative relationship between these variables for rich countries with large public sectors.However, empirical studies often cannot find a robust negative relationship and have provided mixed empiricalevidence. In the case of the relationship between public expenditure and economic growth it appears thatspecification of econometric methods, data selection and time span could affect the findings and lead to contradictoryconclusions. This paper utilizes a panel of cross-sectional and time series data for 16 OECD countries over the 1995-2010 periods to reexamine the relationship between government spending and economic growth by conductingeconometric panel study. We investigate the unit root properties and cointegration, long-run economic relationship,between government expenditure and economic growth to test the validity of Wagner’s Law. Our findings indicate thatgovernment spending exerts a positive and significant influence on economic growth and provide evidence for thevalidity of Wagner’s law.

  17. New laws on population urged.

    Science.gov (United States)

    1976-12-03

    A workshop on ''Population and the Law'' sponsored by the Family Planning Organization of the Philippines and the International Planned Parenthood Federation recommended the following changes in Philippine law to implement family planning: legalization of abortion for women whose life or health are endangered by pregnancy and those who become pregnant despite contraceptives; delaying age of marriage to 18; extension of family planning incentives and maternity leave to women in government service; allow trained nurses and midwives to dispense contractives; legalize sterilization; include sterilization in medicare benefits; specify by law which contraceptive drugs may be dispensed by nonphysicians and nonpharmacists in rural areas; legalize premarital family planning counseling; declare family planning materials tax exempt; encourage reluctant doctors to practice sterilization through professional regulatory agencies; extend industrial family planning services to women living near the plant; launch massive information drives to advise young people of the hazards of premarital sex; strict enforcement of abortion laws in areas where illegal abortion still exists; grant women equal rights in area of consent for sterilization; and eliminate the stigma of illegitimacy for those born out of wedlock.

  18. A Comprehensive Review of State Laws Governing Internet and Other Delivery Sales of Cigarettes in the USA

    Science.gov (United States)

    Chriqui, Jamie F.; Ribisl, Kurt M.; Wallace, Raedell M.; Williams, Rebecca S.; O’Connor, Jean C.; el Arculli, Regina

    2014-01-01

    All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (1) document the historical enactment of the laws; (2) assess the nature and extent of the laws; and (3) conduct preliminary analyses to examine the relationship between states with laws and other factors that might predict enactment of or be impacted by these laws. Between 1995 and 2006, thirty-four states (67%) enacted a relevant law, with 23 states’ laws (45%) enacted between 2003 and 2006. Four states banned direct-to-consumer shipment of cigarettes. The remaining 30 states’ laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws also have stronger state excise tax rates, youth access to tobacco policies, and state tobacco control environments as well as higher cigarette excise tax revenue, past month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion. PMID:18236290

  19. Government grant control of development of stock-raising

    OpenAIRE

    SAMOYLIK YU.V.

    2012-01-01

    Directions of improvement of mechanism of government grant control of development of stock-raising are offered on the basis of the educed tendencies and conformities to law in the existent system of sponsorship of industry.

  20. Why atomic energy affects Civil Law

    International Nuclear Information System (INIS)

    Knieper, R.

    1980-01-01

    Based on the decision of July 20, 1979 by the Amtsgericht Stuttgart, which dismissed the complaint filed by the Technische Werke der Stadt Stuttgart (public utility) against electricity boycotters as being unfounded for the time being, the author states that a political function is due to Civil Law. The concrete question is whether political considerations have surpassed the limits of laws and interpretations bound by the basic rights. The relationship between a customer depending on power supply and the supply monopolist exceeds contractual relationship by far since it is a social relationship: it is inescapably embraced by the customer's dependence on power supply and by the customer being subject to research work. Atomic energy is being introduced into law of contract by means of dogmatic crutches - breach of additional obligation under a contract. However, in Civil Law, there are a great number of such means enabling solutions to be corrected which seem to be inadequate. (HSCH) [de

  1. Memoirs of law, sciences and technologies - Law and climate thematic issue

    International Nuclear Information System (INIS)

    Torre-Schaub, M.; Jouzel, J.; Boisson de Chazournes, L.; Sadeleer, N. de; Denis, B.; Godard, O.; Le Prestre, P.; Maljean-Dubois, S.; Wemaere, M.; Rousseaux, S.; Louchard, O.

    2009-01-01

    This dossier is organized around two essential points: 1 - climate is a scientific question which combines science and governance. In this context, the last IPCC (Intergovernmental Panel on Climate Change) report gives an essential place to uncertainties with claiming that 'it is more probable than improbable that we may be in an irreversible process of global warming'. Therefore, it has become necessary to think about the management of uncertainties using law and to a massive mobilization of the precaution principle. The essential economical aspects to the implementation of a significant abatement of greenhouse gases cannot be passed over in silence as well. Finally, the civil society occupies a more and more important place, not only in international negotiations, but inside the countries as well. 2 - Global warming is thinkable at a World scale only. This implies that some kind of a climate geopolitics is emerging in the World, considering the existence at the same time of different sources and different problems to deal with (technical, economical) depending on the regions of the world. From the strictly legal point of view, the scenarios presented at Bali consider the World by 2012 onward. In this context, the fight against global warming mobilizes several legal instruments, some being new and the others being not. We assist to a real law genesis. The emissions trading markets, for instance, and other financial mechanisms, belong to these new instruments. However, using old legal means to solve new problems is another way to create law. It is also important to stress on the fact that the international law is not the only possible legal mean to square the fight against global warming. The liability right for the violation of a public property, i.e. the atmosphere, remains an instrument combining experience and novelty and has proved itself in several countries. Finally, in France, the 'Grenelle de l'Environnement' policy has led to an extraordinary process of

  2. Reform of the energy law - state of considerations from the viewpoint of the Federal German Government. Energierechtsreform - Stand der Ueberlegungen aus der Sicht der Bundesregierung

    Energy Technology Data Exchange (ETDEWEB)

    Cronenberg, M

    1991-05-01

    The Federal German Government is pushing more entrepreneurial responsibility, more deregulation and more competition. Consequently, the option 'A' - boosting of governmental planning competence - is eliminated. To be realized is option 'C' - modernization of the law without fundamental change of its substance. Within, the meaning of option 'B' - boosting of the undertakers' and consumers' own responsibility by deregulation - it is necessary to carefully review each individual instance described in the law in order to decide whether it can be rendered superfluous by less stringent regulation of the market. With regard to ten problems, the article indicates the attitude taken by the Federal German ministry of economy in the light of talks so far held, e.g.: enlargement of the catalogue of targets by pollution abatement and careful management of resources; equal regulatory effort for electric power and gas; federally uniform approval procedure for overhead power transmission lines from 110 kV; energy-economic investments supervision etc. (HSCH).

  3. Basic characteristics of simultaneous color contrast revisited.

    Science.gov (United States)

    Ekroll, Vebjørn; Faul, Franz

    2012-10-01

    In this article, we present evidence supporting the hypothesis that the local mechanism of simultaneous color contrast is the same as the mechanism responsible for the crispening effect and the gamut expansion effect. A theoretically important corollary of this hypothesis is that the basic characteristics of simultaneous contrast are at odds with traditional laws. First, this hypothesis implies that the direction of the simultaneous contrast effect in color space is given by the vector from surround to target and not--as traditionally assumed--by the hue complementary to that of the surround. Second, it implies that the size of the simultaneous contrast effect depends on the difference between the target and surround colors in a way that challenges Kirschmann's fourth law. The widespread belief in the traditional laws, we argue, is due to the confounding influence of temporal adaptation.

  4. Employability Competencies for Entry Level Occupations in Electronics. Part One: Basic Theory.

    Science.gov (United States)

    Werner, Claire

    This syllabus, which is the first of a two-volume set describing the basic competencies needed by entry-level workers in the field of electronics, deals with the basic theories of electricity and electronics. Competencies are organized according to the following skills areas: the meaning of electricity, how electricity works, resistors, Ohm's law,…

  5. Government Expectations and the Role of Law Enforcement in a Biological Incident

    National Research Council Canada - National Science Library

    Demme, Nancy

    2007-01-01

    ...) that include responsibilities for law enforcement. Yet, police officers are unaccustomed to working with biological agents or responding to biological incidents, and have little if any experience in this area...

  6. Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code)

    Science.gov (United States)

    Soponyono, Eko; Deva Bernadhi, Brav

    2017-04-01

    Development of national legal systems is aimed to establish the public welfare and the protection of the public. Many attempts has been carried out to renew material criminal law and those efforts results in the formulation of the concept of the draft Law Book of the Law of Criminal Law in the form of concept criminal code draft. The basic ideas in drafting rules and regulation based on the values inside the idology of Pancasila are balance among various norm and rules in society. The design concept of the New Criminal Code Act is anticipatory and proactive to formulate provisions on Crime in Cyberspace and Crime on Information and Electronic Transactions. Several issues compiled in this paper are whether the policy in formulation of cyber crime is embodied in the provisions of the current legislation and what the policies formulation of cyber crime is in the concept of the bill book of law - criminal law recently?.

  7. Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ...

    African Journals Online (AJOL)

    The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse land control system. The law has been integral to this process. Since 1994, within a constitutional ...

  8. Governance and Institutions: Proposals for a Research Agenda

    Directory of Open Access Journals (Sweden)

    Francisco Valdés Ugalde

    2008-01-01

    Full Text Available This article addresses the difference between the concepts of governability and governance in economics and political science. The main focus is to address basic principles of neoclassical theory in order to explore alternative research approaches for the analysis of governance in institutional building and agent relationships to rules. With this purpose, the article assesses the adequacy of explanations of citizens decision making in democracies with sharp inequalities and heterogeneous preferences.

  9. Stark laws and fair market value exceptions: an introduction.

    Science.gov (United States)

    Siebrasse, Paul B

    2007-01-01

    This article will focus on one aspect of complexity in modern healthcare, namely the implications of Stark laws and other fraud and abuse provisions, including anti-kickback statutes and HIPAA. Also, this article explores the prevalence of fair market value as an exception in the Stark laws and discusses the meanings of those exceptions. Finally, the article explores basic approaches to assessing fair market value, including cost, income, and marketing approaches.

  10. Economic Efficiency of Selected Financial System Institutions of Local Government

    Directory of Open Access Journals (Sweden)

    Urszula Rabiej

    2014-03-01

    Full Text Available Functioning of local government units, as for as the economic sphere is concerned, is based on the financial law regulations. Those regulations aim at solving economic and social problems. The analysis of economic efficiency concerning implemented regulations is of particular importance for changing the EU’s attitude towards the influence, which EU has on functioning of the local governments. Implementing the local budgets, based on regulations which economic efficiency hasn’t been evaluated on the stage of legislation, may have a negative impact on local community and the economic situation of the country. Frequent changes of financial law cause actions, which financial effects cannot be predicted. What is more, those unstable regulations make it impossible to plan essential parts of a budget in a right way. That has a great importance in terms of correctness of long-term financial perspectives of the local government units.

  11. Urgency of Attorney Governed by the Constitution

    Directory of Open Access Journals (Sweden)

    Rommy Patra

    2015-12-01

    Full Text Available Attorney existence in the Indonesian constitutional structure has a dilemma for this position. On one side is the Prosecutor’s law enforcement agencies to exercise power independently prosecution while on the other hand is part of a government institution under Law No. 16 of 2004 regarding the Attorney. The position of Attorney as an institution of government has been led to the independence of the Prosecutor is not optimal so that it appears stigma that the Prosecutor merely as a tool of the ruling power. In addition the terms of the arrangement just under the Act, the Attorney General has no legal standing as a constitutional organ that has the constitutional authority so that the current position does not reflect the urgency of its duties and functions. In an effort to organize the next Attorney institutions should be regulated directly by the Constitution. It is intended to make the Attorney as part of the main state organs have the same legal standing as other law enforcement agencies, the police and the courts (Supreme Court and Constitutional Court. As well as to strengthen and clarify the position as a state institution, prosecution authorities are focusing on the Attorney as central of authority, to fix the institutional relations between the members of law enforcement and related agencies and strengthen the independence of the Prosecutor in performing the function of prosecution in the constitutional structure of Indonesia.

  12. Discrimination in Public Employment: The Evolving Law.

    Science.gov (United States)

    McCarthy, Martha M.

    This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

  13. On the structure and phase transitions of power-law Poissonian ensembles

    Science.gov (United States)

    Eliazar, Iddo; Oshanin, Gleb

    2012-10-01

    Power-law Poissonian ensembles are Poisson processes that are defined on the positive half-line, and that are governed by power-law intensities. Power-law Poissonian ensembles are stochastic objects of fundamental significance; they uniquely display an array of fractal features and they uniquely generate a span of important applications. In this paper we apply three different methods—oligarchic analysis, Lorenzian analysis and heterogeneity analysis—to explore power-law Poissonian ensembles. The amalgamation of these analyses, combined with the topology of power-law Poissonian ensembles, establishes a detailed and multi-faceted picture of the statistical structure and the statistical phase transitions of these elemental ensembles.

  14. AW OCRACY LOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    User

    scrutinise and oversee government actions,8 thus providing it with the ... 2 Feldman D “The roles of parliaments in protecting human rights: A view ... Lecture delivered at the Law School, University of Melbourne (2006) available at ..... issues of national concern and in the subsequent ratification of treaties as the basis for.

  15. Corporate governance and earnings quality : evidence from the Malaysian banking sector

    OpenAIRE

    Siniah, Thangamany

    2017-01-01

    This thesis investigates whether corporate governance conformance by Malaysian banks improves their financial reporting quality. It is motivated by the controversies surrounding corporate governance reforms and the calls for systematic research on its efficacy in the post-reform period. Malaysian banks have been subject to international standards of corporate governance since before and after the 1997–1998 Asian Financial Crisis. Malaysia’s common-law tradition, greater level of financial and...

  16. Cell-Based Veterinary Pharmaceuticals - Basic Legal Parameters Set by the Veterinary Pharmaceutical Law and the Genetic Engineering Law of the European Union.

    Science.gov (United States)

    Faltus, Timo; Brehm, Walter

    2016-01-01

    Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States.

  17. The association of soda sales tax and school nutrition laws: a concordance of policies.

    Science.gov (United States)

    Greathouse, K Leigh; Chriqui, Jamie; Moser, Richard P; Agurs-Collins, Tanya; Perna, Frank M

    2014-10-01

    The current research examined the association between state disfavoured tax on soda (i.e. the difference between soda sales tax and the tax on food products generally) and a summary score representing the strength of state laws governing competitive beverages (beverages that compete with the beverages in the federally funded school lunch programme) in US schools. The Classification of Laws Associated with School Students (CLASS) summary score reflected the strength of a state's laws restricting competitive beverages sold in school stores, vending machines, school fundraisers and à la carte cafeteria items. Bridging the Gap (BTG) is a nationally recognized research initiative that provided state-level soda tax data. The main study outcome was the states' competitive beverage summary scores for elementary, middle and high school grade levels, as predicted by the states' disfavoured soda tax. Univariate and multivariate analyses were conducted, adjusting for year and state. Data from BTG and CLASS were used. BTG and CLASS data from all fifty states and the District of Columbia from 2003 to 2010 were used. A higher disfavoured soda sales tax was generally associated with an increased likelihood of having strong school beverage laws across grade levels, and especially when disfavoured soda sales tax was >5 %. These data suggest a concordance between states' soda taxes and laws governing beverages sold in schools. States with high disfavoured sales tax on soda had stronger competitive beverage laws, indicating that the state sales tax environment may be associated with laws governing beverage policy in schools.

  18. Overview of corporate governance in Ethiopia: The role, composition ...

    African Journals Online (AJOL)

    PROMOTING ACCESS TO AFRICAN RESEARCH ... Good corporate governance is an important pillar of the market economy and it enhances investor confidence. ... The Ethiopian company law does not have adequate legislative provisions ...

  19. Local government and utility firms’ debts

    Directory of Open Access Journals (Sweden)

    Marko Primorac

    2011-12-01

    Full Text Available The global financial crisis has affected the Croatian local public sector. In such circumstances, local government units’ debts and borrowing should be approached with caution. The highly interwoven financial operations of local government units and their utilities indicate the need for analysis of consolidated financial statements of local governments and utility companies in order to gain an insight into the real financial “health” of local units. Accordingly, the main aim of this paper is to analyze the size and the structure of the consolidated (local government and utility companies local public debt in Croatia. Accordingly, the paper presents the financial position of local government units supplemented with information on the financial operations of utility companies, with particular emphasis on the size and structure of their liabilities and gross and net debt. Although the current Budget Law does not require formal preparation of consolidated financial statements by local governments and their utility firms, consolidation is stipulated by International Public Sector Accounting Standards (IPSAS. The application of IPSAS regulations would be helpful in determining overall direct and indirect exposure of local government units arising from the financial operations of their utilities.

  20. Nanodesign: some basic questions

    CERN Document Server

    Schommers, Wolfram

    2013-01-01

    There is no doubt that nanoscience will be the dominant direction for technology in this century, and that this science will influence our lives to a large extent as well as open completely new perspectives on all scientific and technological disciplines. To be able to produce optimal nanosystems with tailor-made properties, it is necessary to analyze and construct such systems in advance by adequate theoretical and computational methods. Since we work in nanoscience and nanotechnology at the ultimate level, we have to apply the basic laws of physics. What methods and tools are relevant here? The book gives an answer to this question. The background of the theoretical methods and tools is critically discussed, and also the world view on which these physical laws are based. Such a debate is not only of academic interest but is of highly general concern, and this is because we constantly move in nanoscience and nanotechnology between two extreme poles, between infinite life and total destruction . On the one ...