WorldWideScience

Sample records for constitutional treaty remains

  1. THE CONSTITUTIONAL CONCEPTS OF THE REFORM TREATY (THE LISBON TREATY

    Directory of Open Access Journals (Sweden)

    Emilian Ciongaru

    2017-12-01

    Full Text Available The Lisbon Treaty also known as the Reform Treaty provides only an amendment of the treaties considered as fundamental, namely the Treaty on the European Union and the Treaty on the functioning of the European Union and is the result of the constitutional process triggered by the Laeken Declaration adopted by the European Council. The Lisbon Treaty is still built on the content of the European Constitution from which they eliminated the most controversial provisions, first of all the title of Constitution that might produce concern and panic among the European Union population through the symbolic power it contained, and for Romania this new treaty was the first it signed in quality of a Union member state. Even if does not bear the name of European Constitution, the Lisbon Treaty is a European Constitution for the following reasons: first it is a Constitution because it gathers together most of the fundamental elements of the Constitutional Treaty, even if it does not have the structure or the name thereof, and second the treaties after the Lisbon reform have become small constitutions from the operational viewpoint, they develop the functions of a constitution, limit power and organize the operation of the organization.

  2. The European Parliament in the 2000 IGC and the Constitutional Treaty negotiations: from loser to winner

    DEFF Research Database (Denmark)

    Beach, Derek

    2007-01-01

      Abstract           Why did two rounds of EU constitutional reform held within a five year period yield very different results? The 2000 IGC resulted in the modest Treaty of Nice, whereas the 2002-04 round drafted the Constitutional Treaty, which although it did not involve major substantive...... changes, did mark a major symbolic step forward. This article argues that the change in outcomes can to a large degree be explained by the change in negotiating structure due to the use of a convention that drafted most of the Constitutional Treaty's text, creating a context which privileged MEPs. While...

  3. Quo vadis Euratom treaty?

    International Nuclear Information System (INIS)

    Heller, W.

    2003-01-01

    The Euratom Treaty is one of the major first treaties on the way to a European Community. It constituted a safe legal basis for research, development, and utilization of nuclear power. The role of the Euratom Treaty is currently under discussion within the framework of the European Constitutional Convention. Various ideas are being ventilated, including those pleading for a continuation of the Treaty or its integration into the Constitution Treaty. (orig.)

  4. Treaty implementation

    International Nuclear Information System (INIS)

    Dunn, L.A.

    1990-01-01

    This paper touches on three aspects of the relationship between intelligence and treaty implementation, a two-way association. First the author discusses the role of intelligence as a basis for compliance monitoring and treaty verification. Second the authors discusses payoffs of intelligence gathering and the intelligence process of treaty implementation, in particular on-site inspection. Third, the author goes in another direction and discusses some of the tensions between the intelligence gathering and treaty-implementation processes, especially with regard to extensive use of on-site inspection, such as we are likely to see in monitoring compliance of future arms control treaties

  5. Right Product, Wrong Packaging: Not 'Constitution', but 'Constitutional Charter'

    Directory of Open Access Journals (Sweden)

    John Law

    2007-05-01

    Full Text Available The article seeks to locate the principal cause of Europe’s prevailing ratification crisis in the inappropriate title arrived at in the European Convention, Treaty Establishing a Constitution for Europe. This over-ambitious styling led the media to characterise the text as simply an ‘EU Constitution’. Yet, the text was not a Constitution as we traditionally understand the term, i.e. the founding document of a State: scholars are agreed that the EU is not, and will not become upon ratification, a State.In terms of substance, whilst the text certainly strengthened some emerging constitutional aspects, it was not a major departure from the status quo like the Single European Act and Treaty on European Union had been; and it remained technically a treaty like all its predecessors. Arguably, therefore, it did not require referenda to ratify. However, confusion over the scale and importance of what was proposed, stemming from ambiguity in the title, pushed politicians down this unfortunate path.The article identifies a high level of consensus among commentators as to the true nature of the text: most are happy designating it a treaty (noun with constitutional (adjective aspects. The early proposed title Constitutional Treaty for Europe was arguably, therefore, the correct one; but it is now too late to choose this option, as the terms Constitution and Constitutional Treaty have already been muddled in debate. A more distinctive change is required. One idea could be to follow the principle employed elsewhere in the text of codifying the generally accepted but presently unwritten legal concepts of the European Court of Justice, as was done for example for ‘primacy’ and ‘direct effect’. The Court has characterised the EU treaties as a ‘constitutional charter’ for over twenty years now, and on this basis a modified title could read Treaty Establishing a Constitutional Charter for Europe. Importantly, the term ‘charter’ is recognised

  6. Specialized Rules of Treaty Interpretation: International Organizations

    NARCIS (Netherlands)

    Brölmann, C.

    2012-01-01

    This paper addresses treaty interpretation in the context of international organizations, with particular attention to interpreting the founding or constitutive treaties of organizations. That not all interpretive rules are the same for all treaties is a well-tried proposition (see e.g. Arnold

  7. South Pacific Nuclear Free Zone Treaty (Treaty of Rarotonga)

    International Nuclear Information System (INIS)

    1988-01-01

    The Treaty of Rarotonga which entered into force on December 11, 1986, established the vast South Pacific Nuclear Free Zone. The Treaty constitutes a genuinely collective effort by the members of the South Pacific Forum to address their concerns about nuclear testing, ocean dumping of radioactive waste and the proliferation of nuclear weapons. It commits the parties to important obligations in these areas. Though drawing on the Treaty of Tlatelolco, the Treaty of Rarotonga goes beyond it in several respects, including its anti-dumping provisions, its prohibition of all types of nuclear explosions and its stringent safeguards. In summary, the earlier Treaty established a nuclear weapon free zone in Latin America while this one creates a nuclear free zone. The Treaty of Rarotonga does not impinge on freedom of the high seas, overflight by aircraft or any country's alliance relationship with the United States. Port access by nuclear ships is a matter for individual governments. There are three additional Protocols to the Treaty under which the nuclear weapons states are asked to provide certain undertakings. Protocol 1 is open to France, the United Kingdom and the United States; Protocols 2 and 3 to all 5 nuclear weapon states. The Soviet Union and China have signed Protocols 2 and 3. The United States House of Representatives has urged the President to reconsider his decision not to sign the Protocols. Australia has passed legislation to give effect to the obligations it has as a party to the Treaty

  8. Treaty Monitoring

    DEFF Research Database (Denmark)

    Canty, M.; Jasani, B.; Lingenfelder, I.

    2009-01-01

    This volume provides the reader with an overview of the state-of-the-art Earth Observation (EO) related research that deals with national and international security. An interdisciplinary approach was adopted in this book in order to provide the reader with a broad understanding on the uses...... of remote sensing technologies. The book therefore comprises management aspects (issues and priorities of security research, crisis response), applied methodologies and process chains (treaty monitoring, estimation of population densities and characteristics, border permeability models, damage assessment...

  9. Treaty for the prohibition of nuclear weapons in Latin America (Treaty of Tlatelolco)

    International Nuclear Information System (INIS)

    1989-01-01

    The Treaty of Tlatelolco enhances the security of the countries of the region by reducing the risk of a nuclear-arms race among them, with all the danger and cost that it would entail, and, as a contribution to the world-wide nuclear non-proliferation regime, it constitutes an important confidence-building measure by ensuring, through its control and verification system, that parties to the Treaty do not posses and will not acquire nuclear weapons. List of parties to the Treaty of Tlatelolco as of 31 July 1989: Antigua and Barbuda, Bahamas, Barbados, Bolivia, Brazil (not full party), Chile (not full party), Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Trinidad and Tobago, Uruguay and Venezuela. (Argentina and Dominica have signed the Treaty)

  10. UK ignores treaty obligations

    International Nuclear Information System (INIS)

    Roche, P.

    1995-01-01

    A detailed critique is offered of United Kingdom (UK) political policy with respect to the Non-Proliferation Treaty, an interim agreement valid while nuclear disarmament was supposed to occur, by a representative of Greenpeace, the anti-nuclear campaigning group. The author argues that the civil and military nuclear programmes are still firmly linked, and emphasises his opinions by quoting examples of how UK politicians have broken treaty obligations in order to pursue their own political, and in some cases financial, goals. It is argued that the treaty has failed to force nuclear countries to disarm because of its promoted civil nuclear power programmes. (U.K.)

  11. Impending revision of the euratom treaty

    International Nuclear Information System (INIS)

    Fahl, G.

    1979-01-01

    The decision by the European Court of Justice in the matter of the EEC's participation in international negotiations on safety problems of the nuclear fuel cycle is of basic importance, beyond the case to which it referred, in the interpretation of the respective provisions of the Euratom Treaty in the nuclear fuel sector. The reasoning of the European Court of Justice, which constitutes a reinforcement and advancement of the responsibilities and rights of the EEC, has made France ask for a revision of the Treaty. (orig.) [de

  12. Ocean Dumping: International Treaties

    Science.gov (United States)

    The London Convention and London Protocol are global treaties to protect the marine environment from pollution caused by the ocean dumping of wastes. The Marine, Protection, Research and Sanctuaries Act implements the requirements of the LC.

  13. The INF Treaty

    International Nuclear Information System (INIS)

    Nolan, J.E.

    1991-01-01

    The U.S.-Soviet agreement to eliminate intermediate-range (500-5,000 kilometers) nuclear weapons, known as the INF Treaty, was signed on December 8, 1987, and ratified by the Senate on May 27, 1988. Although the actual negotiation of the agreement has a long and fractious history, its ratification was swift and won the support of all but five members of the U.S. Senate. As the first agreement between the two sides to eliminate --- rather than simply reduce or constrain --- an entire class of weapons, the INF Treaty is popularly believed to be a major arms control success story. It was the first U.S.-Soviet arms control treaty to be ratified by the Senate since 1972, when the Anti-Ballistic Missile (ABM) Treaty was approved. This paper discusses the INF Treaty which owes its genesis to a decision taken by the NATO (North Atlantic Treaty Organization) alliance in the last months of the Carter administration to deploy new nuclear weapons in Europe

  14. The Franco-German constitutional divide: reflections on national and constitutional identity

    NARCIS (Netherlands)

    Reestman, J.H.

    2009-01-01

    German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution - ‘Identity’ key word of the Lissabon-Urteil - The national identity clause in the current Union Treaty - Nation: people and state; diachronic and synchronic identity -

  15. Parameters of constitutional development: The fiscal compact in between EU and member state constitutions

    NARCIS (Netherlands)

    Besselink, L.F.M.; Rossi, L.S.; Casolari, F.

    2014-01-01

    The answer to the questions whether the Lisbon Treaty is a quasi-constitutional framework to be revised, and whether the crisis is a matter for amending or just completing the Lisbon Treaty, depends on our understanding of what constitutional change is and entails. In this chapter, the boundaries of

  16. TLATELOLCO treaty today

    International Nuclear Information System (INIS)

    Instituto Matias Romero de Estudios Diplomaticos.

    1996-01-01

    The 30 th. Anniversary of the opening to sign of Tlatelolco Treaty it is reached in an undeniable fact: the benefit and full standing upon a free nuclear weapons zone in Latin America and the Carib. The Instituto Matias Romero de Estudios Diplomaticos (IMRED) convoked an expertise group in safety affairs and disarmament, mexicans and foreigners, diplomatics and academics, to think over the present importance of Tlatelolco Treaty. The assays included in this number of the Revista Mexicana de Politica Exterior to bring out the transcendency of the such legal instrument and the way to fortify the regime created by itself, the relevance of integration attempts for the free nuclear weapons zones and the obstacles that its confronts, as soon as, the possibilities and the potential of the peaceful uses of nuclear energy

  17. Intelligence and treaty ratification

    International Nuclear Information System (INIS)

    Sojka, G.L.

    1990-01-01

    What did the intelligence community and the Intelligence Committee di poorly in regard to the treaty ratification process for arms control? We failed to solve the compartmentalization problem/ This is a second-order problem, and, in general, analysts try to be very open; but there are problems nevertheless. There are very few, if any, people within the intelligence community who are cleared for everything relevant to our monitoring capability emdash short of probably the Director of Central Intelligence and the president emdash and this is a major problem. The formal monitoring estimates are drawn up by individuals who do not have access to all the information to make the monitoring judgements. This paper reports that the intelligence community did not present a formal document on either Soviet incentives of disincentives to cheat or on the possibility of cheating scenarios, and that was a mistake. However, the intelligence community was very responsive in producing those types of estimates, and, ultimately, the evidence behind them in response to questions. Nevertheless, the author thinks the intelligence community would do well to address this issue up front before a treaty is submitted to the Senate for advice and consent

  18. The Treaty of Maastricht and energy law

    International Nuclear Information System (INIS)

    Tettinger, P.J.; Pielow, J.C.

    1994-01-01

    In December 1993 a German-Spanish colloquy on topical questions of community law as well as national and supra-national energy law was held at the Institute of Mining and Energy Law at Bochum. Discussions centered around the constitutional issues surrounding the treaty establishing the European Union of 7th February 1992, which came into force on 1st November 1993, and its implications for the national regulatory systems in the energy economy. Against this background the most recent developments in energy law and energy policy in Spain and the Federal Republic of Germany were described. (orig./HP) [de

  19. Tracing the Origins of the Netherlands’ Tax Treaty Network

    NARCIS (Netherlands)

    M. Evers (Maikel)

    2013-01-01

    textabstractThis contribution identifies the main determinants and key persons that constituted the tax treaty policy of the Netherlands. This policy is rooted in the political chess games in 19th century mainland Europe. In this century, European states gained experience in negotiating trade and

  20. 22 CFR 41.51 - Treaty trader, treaty investor, or treaty alien in a specialty occupation.

    Science.gov (United States)

    2010-04-01

    ...) Investment. Investment means the treaty investor's placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. The treaty investor must be in... partial or total loss if investment fortunes reverse. Such investment capital must be the investor's...

  1. The Salt II Treaty

    International Nuclear Information System (INIS)

    Caldwell, D.

    1991-01-01

    The first strategic arms limitation talks resulted in two agreements: the Anti-Ballistic Missile Treaty and the Interim Agreement to Limit Strategic Offensive Arms. Senator Henry M. (Scoop) Jackson (D-Wa.) was concerned about the numerical advantage granted to the USSR by the Latter agreement and proposed an amendment that would prohibit future negotiators from granting the Soviet Union similar terms. This paper discusses the second round of SALT negotiations which opened in November 1972 and continued under presidents Richard M. Nixon, Gerald Ford, and Jimmy Carter. As the negotiators met, U.S. and Soviet scientists and engineers continued their work to develop new nuclear weapons and launchers. Particularly problematic were modern, large ballistic missiles, cruise missiles, and the Soviet Backfire bomber

  2. South Pacific nuclear free zone treaty (Treaty of Rarotonga)

    International Nuclear Information System (INIS)

    1987-01-01

    The Treaty of Rarotonga creates a ''nuclear-free'', rather than a ''nuclear-weapon-free'', zone. The former term was chosen for a number of reasons. It was the intention of the signatories to the Treaty to keep the region free of the stationing of nuclear weapons, nuclear testing and environmental pollution by radioactive waste. Moreover, they wished to prohibit all types of nuclear explosions. Accordingly, the operative articles of the Treaty refer consistently to ''nuclear explosive devices'', a term which is interpreted to cover all such devices, irrespective of the purpose (military or peaceful) stated for their use. The Final Document of the first special session of the General Assembly devoted to disarmament, unanimously adopted by the Assembly in 1978, states that nuclear-weapon-free zones should be established on the basis of arrangements freely arrived at among the States of the region concerned and taking into account the region's characteristics, and that the process of establishing such zones in different parts of the world should be encouraged with the ultimate objective of achieving a world entirely free of nuclear weapons. The members of the South Pacific Forum concluded the Treaty of Rarotonga as a step in that process

  3. The New START Treaty: a necessary or obsolete treaty?

    International Nuclear Information System (INIS)

    Ekovich, Steven

    2012-01-01

    In a first part, the author evokes the discussions between the Republicans and the Democrats about the fact that President Obama said to President Medvedev he would have more flexibility to negotiate with Russia after the elections of 2012, whereas there is some controversy about the importance of US antimissile defence in terms of national security when Russia keeps on supporting dangerous states like Syria, North Korea and Iran. In a second part, he briefly recalls the objectives and content of the previous START treaties, outlines that START II is already obsolete, that which lead to a new approach called New START by the White House. Then, while noticing critics and evoking other treaties, he discusses the arguments for or against such a new treaty which is perceived as either only cosmetic or decisive. He comments ambiguities, ulterior motives, perceptions and strategic approaches of the different actors whether they are Russians or Americans. He finally outlines some measures of this New Treaty which may jeopardize positive expectations regarding the reduction of strategic weapons and the antimissile defence

  4. Some considerations on the Tlatelolco Treaty

    International Nuclear Information System (INIS)

    Faria, N.M. de; Goes Fischer, M.D. de

    1981-01-01

    Some considerations related to the Tlatelolco Treaty are focused and so are the role and the position of Brazil in view of the Treaty. Short historical remarks are presented in order to show the commitments of Brazil with the Treaty. Finally, considerations concerned with the validity of the Treaty as the legal instrument to contribute to the security and peace in the World. (Author) [pt

  5. Previewing the 2010 Nuclear Non-Proliferation Treaty Review Conference

    International Nuclear Information System (INIS)

    Pomper, Miles A.

    2010-01-01

    Despite groundbreaking disarmament pledges and substantial effort, the Obama administration's hopes for a successful Nuclear Non-Proliferation Treaty (NPT) Review Conference may not be fully realised. Many developing countries are in no mood to grant new non-proliferation concessions, such as tightened rules on access to sensitive nuclear technologies, tougher inspection rules, or limits on withdrawing from the treaty. The non-nuclear weapon states (NNWS) remain angered by the failure to move forward on many disarmament commitments pledged at the 1995 and 2000 Conferences. Moreover, progress on disarmament measures under Obama has been slower than hoped, as he faces considerable scepticism in Washington about his strategy. (author)

  6. Rush-Bagot and the upkeep of arms treaties

    International Nuclear Information System (INIS)

    O'Neill, B.

    1991-01-01

    Signing an arms treaty after a long negotiation brings a great sense of completion, but that is only the beginning. Living under a treaty - implementing it, resolving different interpretations and compliance disputes, adapting it to changed times - is itself a continuing negotiating process. Handling this process poorly can greatly undermine the original agreement. But nurturing a treaty properly can strengthen it and keep it effective in new circumstances. The history of the Rush-Bagot Agreement of 1817, which limited warships on the Great Lakes, provides examples of many of the problems that can come up. It was violated, subjected to proportional responses, threatened with unilateral reinterpretation and abrogation, modified by executive agreement, and violated again. It proved hard to kill, but ultimately these successive traumas compromised its purpose and value. Indeed, continual threats and violations worsened the rancor between the US and Canada. Today, what influence the agreement still has on restraining armaments on the lakes flows mainly from its symbolism; although the agreement remains in force, none of its original provisions are currently observed. In many ways - violations, untenable reinterpretations, proposals for proportionate responses, claims of technological obsolescence - the Rush-Bagot experience foreshadowed the Antiballistic Missile (ABM) Treaty's troubles over the past decade. But the ABM Treaty's drafters built in provisions to deal with such problems. The Rush-Bagot experience offers lessons for managing today's accords - but largely lessons in what not to do

  7. (MFN) CLAUSE IN INVESTMENT TREATIES

    African Journals Online (AJOL)

    Fr. Ikenga

    KAYITANA: The Scope and Applicability of Most-Favoured-Nation (MFN) Clause in Investment Treaties: A. Survey of the Jurisprudence of the International Centre for Settlement of Investment Disputes. Page | 104 chemical products in Galicia, Spain. The project was a joint venture with the Sociedad para el Desarrollo.

  8. Mainstreaming Investment Treaty Jurisprudence: The Contribution of Investment Treaty Tribunals to the Consolidation and Development of General International Law

    NARCIS (Netherlands)

    Schill, S.W.B.; Tvede, K.R.

    2015-01-01

    The use of internal and external precedent has been studied in relation to numerous international courts and tribunals. The participation of investment treaty tribunals in judicial dialogues or judicial cross-fertilization, by contrast, has remained underexplored. The present article closes this gap

  9. Comprehensive Nuclear Test-ban Treaty

    International Nuclear Information System (INIS)

    1998-01-01

    The Comprehensive Nuclear Test-Ban Treaty was adopted by the General Assembly on 10 September 1996 (Res/50/245) and was open for signature by all states on 24 September 1996. It will enter into force 180 days after the date of deposit of the instruments of ratification by all states listed in Annex 2 to the Treaty. This document reproduces the text of the Treaty and the Protocol to the Comprehensive Nuclear Test-Ban Treaty Protocol to the Comprehensive Nuclear Test-Ban Treaty

  10. Constitutional jurisprudence

    OpenAIRE

    Katju, Markandey

    2011-01-01

    Justice Markandey Katja (Judge, Supreme Court of India) explains and illustrates the concept of 'constitutional jurisprudence' - as a kind of philosphy of constitutional law, seeking to explain in general terms ideas such as: What is a constitution? What is its purpose? What is its position in the legal system of the country?

  11. The Eurozone Crisis: A Constitutional Analysis

    Directory of Open Access Journals (Sweden)

    Anna Sting

    2015-08-01

    Full Text Available “Every power comes through crisis” has long been a motif of European integration. The financial and sovereign debt crises, which have shaken the European Union (EU in recent years, are at first glance no different. Treaty reforms, intergovernmental treaties such as the Fiscal Compact and the Treaty Establishing a European Stability Mechanism (ESM Treaty have significantly altered the constitutional landscape of the EU and its Member States. The crisis has also inspired many European legal scholars to critically analyse the EU’s system of economic governance, as have other events throughout the history of the European Union, from the Empty Chair Crisis to the referenda in the aftermath of the Treaty of Maastricht and the failure of the Constitution for the European Union. What does seem to be different is the way in which scholars approach the issue of the Eurozone crisis. Instead of a purely legal perspective on economic governance, European legal scholars have realised that in order to understand and analyse the euro crisis, interdisciplinarity is the word of the moment.

  12. The Samson Cree Nation v. the Crown : a microcosm of treaty, trust, and self-determination conflicts

    International Nuclear Information System (INIS)

    O'Reilly, J.A.

    2005-01-01

    A review of legal proceedings of the Samson Cree Nation v. the Crown was presented. Proceedings were instituted in 1989 and relate to breaches by the Federal Crown of its treaty, trust, obligations and duties to the Samson Cree Nation. Legal proceedings are based on the treaty, as well as on the inherent and Aboriginal rights of the Samson Cree Nation. The historical and money management phases of the proceedings have now been completed. Issues raised by the proceedings include respect for the inherent right of self determination, proper interpretation and implementation of Treaty No. 6, and an appropriate consideration of the trust obligations assumed by the Crown as part of the constitutional compact. The Samson plaintiffs sought judicial recognition of their reserve lands, including the rights to oil and gas reserves and royalty proceeds. The proceeding identified breaches by the Crown of Samson treaty rights and breaches concerning management by the Crown of Samson royalty and other trust moneys. The case showed that the Crown retained and borrowed Samson Cree trust moneys and failed to prudently invest the Samson Cree Nation moneys or pay interest at a rate commensurate with prudent investment. The proceedings raised issues concerning the nature and scope of Treaty No. 6 and treaty rights of Treaty No. 6 Indians in relation to reserves, reserve resources and reserve assets. It was concluded that the case is a significant constitutional benchmark deriving from a strong recent recognition by the Supreme Court of Canada of the juridical force of treaties with Indian Nations

  13. The Limited Test Ban Treaty

    International Nuclear Information System (INIS)

    Loeb, B.S.

    1991-01-01

    This paper discusses the Limited Test Ban Treaty which came at the end of nearly five years of frustrated efforts to obtain a comprehensive test ban. Negotiations toward that end had begun in October 1958. At the same time a voluntary, informal moratorium on tests was initiated. The negotiations soon stalled over the Soviet Union's resistance to internationally supervised inspections on its soil. In April 1959 a phased ban that was to be limited at first to atmospheric tests conducted below an altitude of 50 kilometers. Such tests were thought to be easily verifiable. The Soviets rejected this idea and continued to insist that a complete test ban need not require numerous inspections. The two sides nevertheless appeared to be nearing agreement on a treaty to ban all but relatively small underground tests when, in May 1960, an U.S. U-2 reconnaissance plane was shot down over Soviet territory. After a thorough review of the U.S. position, the Kennedy administration proposed in April 1961 a draft treaty that made several concessions toward the Soviet position. Nevertheless, the Soviets, still disagreeing with the provisions for verification and with the makeup of the control organization, rejected it

  14. Authoritarian Constitutionalism

    OpenAIRE

    Tushnet, Mark V.

    2015-01-01

    Legal scholars and political theorists interested in constitutionalism as a normative concept tend to dichotomize the subject. There is liberal constitutionalism of the sort familiar in the modern West, with core commitments to human rights and self-governance implemented by means of varying institutional devices, and there is authoritarianism, rejecting human rights entirely and governed by unconstrained power-holders. This Article explores the possibility of forms of constitutionalism other...

  15. THE SOLIDARITY CLAUSE IN THE EUROPEAN UNION TREATY AS A HUMAN SECURITY VECTOR. A FAREWELL TO TERRORISM OR LEGITIMIZATION OF INFERENCE IN INTERNAL AFFAIRS?

    Directory of Open Access Journals (Sweden)

    Antonio MUNOZ

    2016-06-01

    Full Text Available The draft European Constitution crafted in the interval between the terrorist attacks of 9/11 in New York and those taken place in Moscow, Madrid, was concluded shortly before the attacks on public transportation in London in 2005, including what is called a solidarity clause (art. 42 and its implementation modalities (art. III-329, however after various vicissitudes, it was never ratified by the Member States and felt into oblivion; while it remained a driving force in the subsequent Lisbon Treaty in force since 2009 as, section 222 in the fifth part under Title VII.

  16. Overview of Major Issues of Tax Treaties Law in Kosovo

    Directory of Open Access Journals (Sweden)

    Bedri Peci

    2015-06-01

    Full Text Available The aim of this research is to analyze and find out the major issue of tax treaties law in Kosovo. In this analysis we have used the research method of case study. The results of research show that the legal framework for the elimination of double taxation, after 1999, initially started its establishment journey from the United Nations Administration Mission in Kosovo (UNMIK. Taking into consideration the specifications of the political status, the process for the establishment of the unilateral and bilateral legal framework has been made with mistakes, slow and with delays. Following its declaration of independence, Kosovo has paid greater attention to tax treaties. Although double taxation relief in Kosovo may be obtained either unilaterally or under a tax treaty, there remains a lot of work to be done for the completion of the necessary framework for elimination of double taxation. The double taxation relief provided by a tax treaty prevails over the domestic relief. The study is of particular relevance to scholars, tax practitioners, expatriates who work and invest in Kosovo, etc

  17. Environmental Treaty Status Data Set, 2012 Release

    Data.gov (United States)

    National Aeronautics and Space Administration — The Environmental Treaty Status Data Set, 2012 Release contains comprehensive information on country participation in multilateral environmental agreements through...

  18. CONSTITUTION AND CONSTITUTIONALISM CONTEMPORARY ISSUE

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2017-05-01

    Full Text Available In a democratic society, the judicial legitimacy of the state and its power, of its institutions, but also the social and political grounds are generated and determined by the Constitution, defined as expressively as possible as being: “The fundamental political and judicial settlement of a people” (I. Deleanu. The supremacy of the Constitution has as main effect the conformity of the entire system of law with the constitutional norms. Guaranteeing the compliance with this principle, essential for the state of law, is first of all an attribution of the Constitutional Court, but also an obligation of the legislative power to receive, through the adopted normative acts, in content and in form, the constitutional norms. Altering the fundamental law of a state represents a political and judicial act extremely complex with major meanings and implications for the socio-political and national systems, but also for each individual. This is why such measure should be very well justified, to answer certain socio-political and legal needs well shaped and mainly to match the principles and rules specific to a democratic constitutional and state system, by insuring its stability and functionality. These are a few aspects of the Romanian contemporary constitutionalism that this study shall critically analyse in order to differentiate between the constitutional ideal and reality.

  19. The Constitutional Debate: A One Man Show? Václav Klaus and the Constitutional Discourse in the Czech Republic

    Czech Academy of Sciences Publication Activity Database

    Rakušanová, Petra

    2007-01-01

    Roč. 8, č. 8 (2007), s. 342-373 ISSN 1570-5854 Grant - others:VW Stiftung(DE) 218036 Institutional research plan: CEZ:AV0Z70280505 Keywords : European Constitutional Treaty * European constitutional ratification * Czech Republic Subject RIV: AO - Sociology, Demography

  20. EU Enlargement Law: History and Recent Developments: Treaty Custom Concubinage?

    Directory of Open Access Journals (Sweden)

    Dimitry Kochenov

    2005-04-01

    Full Text Available This note provides a detailed account of the development of the EU enlargement law. Based on the material provided by the latest enlargement round, it outlines the main set of enlargement principles, criteria and procedural tools employed by the Union in the process, also making a sketch of the actual chronology of enlargement events. Based on the analysis of the legal regulation of five rounds of enlargement and making parallels with the notion of customary law as understood in public international law, it argues that the Union enlargements have always enjoyed a dual regulation: by written (mostly Treaty based and also by customary enlargement law. The existence of customary law explains the consistency of enlargement regulation throughout all the rounds of this process, notwithstanding the stage of the Treaty reform in force at the time of every particular accession. The minimal amendments introduced into the enlargement article by the Treaty Establishing a Constitution for Europe (Art. I-58 suggest that the future enlargements are likely to be building on the body of customary law in force to date. The process of gradual incorporation of customary law into the written law of the EU is also likely to continue.

  1. The Cross-Referenced Patent Cooperation Treaty

    NARCIS (Netherlands)

    Mulder, C.A.M.

    2009-01-01

    'The Cross-Referenced Patent Cooperation Treaty' is a book covering the 'Patent Cooperation Treaty (PCT)' and the 'Regulations under the PCT'. The large number of references in the articles and rules makes the PCT difficult to read. The idea behind this book is to add cross-references to the

  2. The Cross-Referenced Patent Cooperation Treaty

    NARCIS (Netherlands)

    Mulder, C.A.M.

    2012-01-01

    'The Cross-Referenced Patent Cooperation Treaty' is a book covering the 'Patent Cooperation Treaty (PCT)' and the 'Regulations under the PCT'. The large number of references in the articles and rules makes the PCT difficult to read. The idea behind this book is to add cross-references to the

  3. The Cross-Referenced Patent Cooperation Treaty

    NARCIS (Netherlands)

    Mulder, C.A.M.

    2015-01-01

    'The Cross-Referenced Patent Cooperation Treaty' is a book covering the 'Patent Cooperation Treaty (PCT)' and the 'Regulations under the PCT'. The large number of references in the articles and rules makes the PCT difficult to read. The idea behind this book is to add cross-references to the

  4. The Cross-Referenced Patent Cooperation Treaty

    NARCIS (Netherlands)

    Mulder, C.A.M.

    2013-01-01

    'The Cross-Referenced Patent Cooperation Treaty' is a book covering the 'Patent Cooperation Treaty (PCT)' and the 'Regulations under the PCT'. The large number of references in the articles and rules makes the PCT difficult to read. The idea behind this book is to add cross-references to the

  5. The cross-Referenced Patent Cooperation Treaty

    NARCIS (Netherlands)

    Mulder, C.A.M.

    2014-01-01

    'The Cross-Referenced Patent Cooperation Treaty' is a book covering the 'Patent Cooperation Treaty (PCT)' and the 'Regulations under the PCT'. The large number of references in the articles and rules makes the PCT difficult to read. The idea behind this book is to add cross-references to the

  6. The politics of arms control treaty ratification

    International Nuclear Information System (INIS)

    Krepon, M.; Caldwell, D.

    1991-01-01

    This book presents a critical examination of executive-congressional relations and the domestic politics of arms control treaty ratification within the United States during the twentieth century. The staring point of this study is the hypothesis that the politics of treaty ratification can be as important as the negotiations leading up to agreements. Benefits to international peace and security sought in years of painstaking diplomatic effort can be lost without Senate consent, as was the case with the Treaty of Versailles and the second treaty arising from the Strategic Arms Limitation Talks (SALT II). The authors of the case studies were requested to present first a brief, historical introduction to the case indicating why the case was important, the background concerning the origins of the treaty, and the treaty's major provisions. The purpose of the introduction to the case was not to provide a complete picture of the negotiating record but to set the stage for a more in-depth discussion of the events that followed after the treaty was signed. The authors address five substantive areas: the international political context of the treaty, the domestic political context, the role of the president, executive-congressional relations, and public opinion and the role of interest groups. The questions and issues concerning each of these areas are briefly summarized

  7. Socioeconomic Data and Applications Center (SEDAC) Collection of Treaty Texts

    Data.gov (United States)

    National Aeronautics and Space Administration — The Socioeconomic Data and Applications Center (SEDAC) Collection of Treaty Texts consists of environmental treaty texts compiled in collaboration with the Columbia...

  8. Socioeconomic Data and Applications Center (SEDAC) Treaty Status Dataset

    Data.gov (United States)

    National Aeronautics and Space Administration — The Socioeconomic Data and Application Center (SEDAC) Treaty Status Dataset contains comprehensive treaty information for multilateral environmental agreements,...

  9. The Comprehensive Nuclear Test Ban Treaty

    International Nuclear Information System (INIS)

    Franic, Z.; Ilijas, B.

    2005-01-01

    The Comprehensive Nuclear-Test-Ban Treaty (CTBT) is a cornerstone of the international regime on the non-proliferation of nuclear weapons and an essential foundation for the pursuit of nuclear disarmament. Its total ban of any nuclear weapon test explosion will constrain the development and qualitative improvement of nuclear weapons and end the development of advanced new types of these weapons. The Comprehensive Nuclear-Test-Ban Treaty was adopted by the United Nations General Assembly, and was opened for signature in New York on 24 September 1996. The Treaty will enter into force after it has been ratified by the 44 States listed in its Annex 2. These states possess nuclear power or research reactors. The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO Preparatory Commission) is an international organization established by the States Signatories to the Treaty on 19 November 1996. It carries out the necessary preparations for the effective implementation of the Treaty, and prepares for the first session of the Conference of the States Parties to the Treaty. The Treaty has been signed and ratified by the Republic of Croatia and National Commission for the implementation of the Treaty has been established. Basic obligations of the Treaty, as specified in Article I, are: (1) Each State Party undertakes not to carry out any nuclear weapon test explosion or any other nuclear explosion, and to prohibit and prevent any such nuclear explosion at any place under its jurisdiction or control. (2) Each State Party undertakes, furthermore, to refrain from causing, encouraging, or in any way participating in the carrying out of any nuclear weapon test explosion or any other nuclear explosion.(author)

  10. Constitutive Models

    DEFF Research Database (Denmark)

    Sales-Cruz, Mauricio; Piccolo, Chiara; Heitzig, Martina

    2011-01-01

    This chapter presents various types of constitutive models and their applications. There are 3 aspects dealt with in this chapter, namely: creation and solution of property models, the application of parameter estimation and finally application examples of constitutive models. A systematic...... procedure is introduced for the analysis and solution of property models. Models that capture and represent the temperature dependent behaviour of physical properties are introduced, as well as equation of state models (EOS) such as the SRK EOS. Modelling of liquid phase activity coefficients are also...

  11. The European Energy Charter Treaty

    International Nuclear Information System (INIS)

    Jones, K.

    1996-01-01

    The history, purpose, scope and the main topics of the treaty are highlighted. Special attention is paid on problems of trading, competition, transit, technology transfer and access to capital markets; support and protection of investments; resolution of disputes; provisional clauses governing trade with GATT non-member states; structural and institutional provisions concerning the execution and function of the protocol, tasks of the Charter conference and secretariat including their equipment, rules of conduct and financing. The Charter is setting up a framework for co-operation, trade and investment in energy products and services with countries of Eastern Europe and the former Soviet Union, based on principles of free-markets and non-discrimination

  12. EUROATOM-treaty and intergovernmental conference

    International Nuclear Information System (INIS)

    Thomas, S.

    2007-01-01

    On June 26, 2007 the European Council decided under the chairmanship of the Head of State of the German Government, Angela Merkel, to work out a ''Reform Treaty'' for the European Union. The current version of the ''Reform Treaty'' and the Intergovernmental Conference are a successful result of the German and French policy for Europe. The process will be continued under the Portuguese chairmanship of the European Union. The ''Reform Treaty'' includes a special separate energy chapter. The chapter includes targets for an EU-energy policy as well as targets for the peaceful uses of nuclear energy. Furthermore special technical topics of a revision of the EURATOM-Treaty are mentioned. General revisions of the EURATOM-Treaty or a special Intergovernmental Conference on the EURATOM-Treaty are not expected. Maybe, the European Parliament will get more competence in some parts of decision making processes. Due to the differing views on the peaceful uses of nuclear energy in the EU member states a revision of the EUROATOM-Treaty is more unlikely expected. (orig.)

  13. The Anti-Ballistic Missile Treaty

    International Nuclear Information System (INIS)

    Platt, A.

    1991-01-01

    This paper reports that in late May 1972 former President Richard M. Nixon went to Moscow and signed, among other documents, a Treaty to Limit Anti-Ballistic Missile (ABM) Systems. Under this agreement, both the United States and the Soviet Union made a commitment not to build nationwide ABM defenses against the other's intercontinental and submarine-launched ballistic missiles. They agreed to limit ABM deployments to a maximum of two sites, with no more than 100 launchers per site. Thirteen of the treaty's sixteen articles are intended to prevent any deviation from this. In addition, a joint Standing Consultative Commission to monitor compliance was created. National technical means --- sophisticated monitoring devices on land, sea, and in space --- were to be the primary instruments used to monitor compliance with the treaty. The ABM Treaty was signed in conjunction with an Interim Agreement to Limit Strategic Offensive Arms

  14. Desertification treaty includes key role for scientists

    Science.gov (United States)

    Showstack, Randy

    When Lois Barber, executive director of the non-profit group EarthAction, began efforts to press for U.S. Senate ratification of the United Nations Convention to Combat Desertification several years ago, the treaty's purpose tripped up some people, she said. They wondered whether it might be a treaty related to military personnel who had abandoned their service, de-certification of something or other, or even an overabundance of after-dinner treats. While the issue may not yet rate highly on the U.S. radar screen, U.S. Senate ratification of the Convention to Combat Desertification (CCD) on November 17, 2000 and entry into force of the treaty in the United States on February 2, 2001, could bring additional focus on desertification from the scientific community and policy-makers, according to a number of experts involved with the issue. The treaty now has been ratified by 174 countries.

  15. The treaty on the South-East Asia nuclear-weapon-free zone (the Bangkok treaty)

    International Nuclear Information System (INIS)

    Ganapathy, A.

    1997-01-01

    The Bangkok Treaty was signed in 1995 during the Fifth ASEAN Summit by the 10 South-East Asian countries. It represents a commitment on the part of the signatories to the Treaty to maintain peace and stability in the region in the spirit of peaceful coexistence, mutual understanding and cooperation

  16. The tenth anniversary of the 45th amendment and the hierarchical position of human rights treaties

    Directory of Open Access Journals (Sweden)

    Caíque Tomaz Leite da Silva

    2016-04-01

    Full Text Available On December 8th, 2004, Brazilian’s House of Representatives and Senate promulgated the Forty-fifth Brazilian Constitutional Amendment that brought changes on the Judiciary. This essay proposes a rereading of that Amendment in its 10th anniversary, reopening and making deeper the debate about the constitutional hierarchy of the human rights treaties in Brazilian law, through analysis of the paragraphs of the 5th article of the Constitution and of the original intentions of reformers constituents on introducing them to it.

  17. The Euratom Treaty v. Treaties of the European Union: limits of competence and interaction

    International Nuclear Information System (INIS)

    Ptasekaite, Rasa

    2011-07-01

    The main aim of this research was to analyse the interaction between the Euratom Treaty and the TFEU in certain specific fields - environmental nuclear liability, transport of radioactive substances and common market (free movement of goods, competition law and state aid). However, before doing that, certain introduction to regulation of the Euratom Treaty, its special features and the changes made by the Lisbon Treaty seemed beneficial. Therefore, the research consists of two parts - the introduction to the Euratom Treaty and the assessment of the relation between the Euratom Treaty and the TFEU in the areas mentioned above. The conclusions related to each of the areas are presented in the end of each chapter while the general conclusions of the research are provided in the end. The literature used in the research include legislative and non-legislative acts of the Euratom Community and the European Union, Judgements of the Court of Justice of the European Union, publications of various researchers and internet resources

  18. The Non-Proliferation Treaty increases security

    International Nuclear Information System (INIS)

    Kahiluoto, K.

    1995-01-01

    Extension of the Nuclear Non-Proliferation Treaty indefinitely was a historic decision. The Treaty is the most extensive international agreement on security policy to date; now its obligations have become a permanent part of international justice. Moreover, the NPT represents a political and moral obligation. Through the NPT, the international community has made a permanent commitment to restrict the proliferation of nuclear weapons. Increasing pressures will be applied to the few countries still outside the NPT, making it more likely that these countries will eventually change their views. The likelihood of regional bans on nuclear weapons in the Middle East and in Asia, too, will increase. The Treaty promotes the establishment of new nuclear-free zones. The nuclear-free zone in Latin America - the countries covered by the Tlatelolco Treaty - is already very close to its full implementation. Finland is firmly committed to the obligations of the Non-Proliferation Treaty. The NPT Conference of 1995 was among the first international meetings in which Finland participated, and took an active role, as a Member State of the European Union. (orig.)

  19. Agreement of 3 May 1996 between the government of the commonwealth of Dominica and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty of the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    1997-08-01

    The document reproduces the text of the Exchange of Letters with the Commonwealth of Dominica in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and Caribbean, which constitutes an agreement confirming that the Safeguards Agreement of 3 May 1996 (IAEA-INFCIRC-513) concluded between the Government of the Commonwealth of Dominica (Dominica) and the IAEA pursuant to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) satisfies the obligation of Dominica under Article 13 of the Treaty for the Prohibition of Nuclear Weapons in Latin America and Caribbean (the Tlatelolco Treaty) to conclude a safeguards agreement with the IAEA

  20. A treaty's testing times. The world's Nuclear-Test-Ban Treaty just turned ten

    International Nuclear Information System (INIS)

    Dahlman, O.

    2006-01-01

    It is disappointing that an important treaty that has been high on the international agenda ever since it was first introduced by the Indian Prime Minister Nehru in 1954, is still not in force. The fate of the treaty depends on political developments, especially in the key countries listed above. The treaty has, however, already established a global norm against nuclear testing, a norm that only India and Pakistan have broken. The Preparatory Commission and its Provisional Technical Secretariat (PTS) were established in Vienna in 1996 to implement the treaty and to prepare for its entry into force. The Preparatory Commission has enjoyed a close cooperation among the States Signatories in implementing the treaty and its elaborate verification regime. The key task for the PTS is to establish the verification arrangements specified in the treaty. The PTS has a staff of 300 people and a yearly budget of $100 million. The treaty demands the most elaborate international verification regime ever created. The assessment of compliance or non-compliance is a political process among the States. The verification regime provided by the treaty facilitates this process by giving all States a common base of information to use in their assessment. Individual treaty parties might have additional national technical means and additional capabilities of their own to analyze raw data. The verification regime consists of two complementary parts; an International Monitoring System and an On-Site Inspection regime. In addition, there are provisions for consultations and clarification. The International Monitoring System has a global reach with a total of 321 monitoring stations in 92 countries. It uses four different technologies to monitor all possible testing environments underground, in the oceans and in the atmosphere

  1. South Pacific Nuclear Free Zone Treaty

    International Nuclear Information System (INIS)

    1987-03-01

    On 8 August 1986 the Protocols to the South Pacific Nuclear Free Zone Treaty were adopted by the South Pacific Forum at its 17 th session, in Suva. The attached texts of the Protocols were formally communicated to the Director General by the Director of the South Pacific Bureau for Economic Co-operation (SPEC) and are herewith being circulated to all Member States for their information pursuant to a request made by the Director of SPEC. Following the deposit of the eighth instrument of ratification, the South Pacific Nuclear Free Zone Treaty entered into force on 11 December 1986 [es

  2. Reviews of the Comprehensive Nuclear-Test-Ban Treaty and U.S. security

    Science.gov (United States)

    Jeanloz, Raymond

    2017-11-01

    Reviews of the Comprehensive Nuclear-Test-Ban Treaty (CTBT) by the National Academy of Sciences concluded that the United States has the technical expertise and physical means to i) maintain a safe, secure and reliable nuclear-weapons stockpile without nuclear-explosion testing, and ii) effectively monitor global compliance once the Treaty enters into force. Moreover, the CTBT is judged to help constrain proliferation of nuclear-weapons technology, so it is considered favorable to U.S. security. Review of developments since the studies were published, in 2002 and 2012, show that the study conclusions remain valid and that technical capabilities are better than anticipated.

  3. The Missing Keystone of Income Tax Treaties

    NARCIS (Netherlands)

    Wheeler, J.

    2011-01-01

    This article follows a contribution by the same author, published in the previous edition of the World Tax Journal. The conclusion of that article was that seeking to define an attribution rule of sufficient generality for use in treaties is not a fruitful path to take. This article picks up the

  4. Incomplete Contracting Theory and EU Treaty Provisions

    DEFF Research Database (Denmark)

    Citi, Manuele; Jensen, Mads Dagnis

    , the paper utilises an automated text analysis approach to measure the ambiguity of Treaty provisions on a number of indicators. Empirically, the analysis demonstrates a significant association between the indicators of article ambiguity and the number of laws and court rulings. It thus provides support...

  5. South Pacific Nuclear Free Zone Treaty

    International Nuclear Information System (INIS)

    1986-02-01

    The full text of the South Pacific Nuclear Free Zone Treaty with its Annexes endorsed on 6 August 1985 by the South Pacific Forum (a body comprising the independent and self-governing countries of the South Pacific, namely Australia, the Cook Islands, Fiji, Kiribati, Nauru, New Zealand, Nive, Papua New Guinea, the Solomon Islands, Tonga, Tuvalu, Vanuatu and Western Samoa) is presented

  6. Tax treaty entitlement issues concerning dual residents

    NARCIS (Netherlands)

    Sanghavi, D.

    2014-01-01

    The question whether a dual resident taxpayer is entitled to tax treaties concluded by each residence state with a third state has been controversial. Since 2008, the Organisation for Economic Co-operation and Development (OECD) Commentary on Article 4(1) of the OECD Model states that such a

  7. South Pacific Nuclear Free Zone Treaty

    International Nuclear Information System (INIS)

    1986-02-01

    On 6 August 1985 the South Pacific Forum, a body comprising the independent and self-governing countries of the South Pacific (Australia, the Cook Islands, Fiji, Kiribati, Nauru, New Zealand, Niue, Papua New Guinea, the Solomon Islands, Tonga, Tuvalu, Vanuatu and Western Samoa), endorsed the text of the South Pacific Nuclear Free Zone Treaty and opened it for signature [es

  8. 78 FR 7759 - Patent Cooperation Treaty

    Science.gov (United States)

    2013-02-04

    ... DEPARTMENT OF COMMERCE Patent and Trademark Office Patent Cooperation Treaty ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its... States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. Federal Rulemaking Portal...

  9. South Pacific Nuclear Free Zone Treaty

    International Nuclear Information System (INIS)

    1986-02-01

    On 6 August 1985 the South Pacific Forum, a body comprising the independent and self-governing countries of the South Pacific (Australia, the Cook Islands, Fiji, Kiribati, Nauru, New Zealand, Niue, Papua New Guinea, the Solomon Islands, Tonga, Tuvalu, Vanuatu and Western Samoa), endorsed the text of the South Pacific Nuclear Free Zone Treaty and opened it for signature [ru

  10. 78 FR 21787 - Changes To Implement the Patent Law Treaty

    Science.gov (United States)

    2013-04-11

    ... Trademark Office 37 CFR Parts 1 and 3 Changes To Implement the Patent Law Treaty; Proposed Rule #0;#0...-0007] RIN 0651-AC85 Changes To Implement the Patent Law Treaty AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice of proposed rulemaking. SUMMARY: The Patent Law Treaties...

  11. 78 FR 62367 - Changes To Implement the Patent Law Treaty

    Science.gov (United States)

    2013-10-21

    ... Office 37 CFR Parts 1, 3 and 11 Changes To Implement the Patent Law Treaty; Final Rule #0;#0;Federal... 0651-AC85 Changes To Implement the Patent Law Treaty AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends...

  12. Twenty years of the Non-proliferation Treaty

    International Nuclear Information System (INIS)

    Goldblat, Jozef.

    1990-01-01

    The report assesses the achievements of the Non-proliferation Treaty (NPT) and discusses ways in which the non-proliferation regime could be strenghtened. It recommends a series of measures to be taken by the parties of the Treaty, both nuclear and non-nuclear weapons states, with a view to reinforcing the Treaty and achieving its universality. 198 refs

  13. 28 CFR 2.68 - Prisoners transferred pursuant to treaty.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Prisoners transferred pursuant to treaty... RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS Transfer Treaty Prisoners and Parolees § 2.68 Prisoners transferred pursuant to treaty. (a) Applicability, jurisdiction and statutory...

  14. The treaty for the prohibition of nuclear weapons in Latin America and the Caribbean (Tlatelolco Treaty)

    International Nuclear Information System (INIS)

    1994-01-01

    In a letter of 28 January 1994, the Director General was informed that on 18 January 1994, the Treaty for the Prohibition of Nuclear Weapons in Latin American and the Caribbean entered into force for the Argentine Republic

  15. What Constitutes 'Failure to Notify' National Measures?

    DEFF Research Database (Denmark)

    Gáspár-Szilágyi, Szilárd

    2013-01-01

    “The inclusion of article 260(3) TFEU adopted as part of the Lisbon Treaty changed the landscape of infringement proceedings. The provision grants the Commission the power to propose monetary sanctions already during the initial Court litigation against a Member State that ‘failed to notify...... and is prone to lead to judicial uncertainty. It further increases the already heavily criticized Commission discretion. Furthermore, the lack of proper guidelines of what constitutes ‘failure to notify’ can lead to the arbitrary launching of non-communication proceedings as well as further complicate...

  16. The Text of the Agreement of 28 February 1975 between Nicaragua and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with the Republic of Nicaragua to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2009-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Republic of Nicaragua and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  17. Agreement between the Dominican Republic and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An agreement by Exchange of Letters with the Dominican Republic to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Dominican Government and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  18. Agreement of 6 November 1978 between Jamaica and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An agreement by Exchange of Letters with Jamaica to rescind the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Exchange of Letters, constituting an agreement to rescind the Protocol to the Agreement between Jamaica and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  19. Agreement of 9 September 1996 between Antigua and Barbuda and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with Antigua and Barbuda to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2012-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Antigua and Barbuda and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  20. Agreement between the Commonwealth of The Bahamas and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An agreement by Exchange of Letters with The Bahamas to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2008-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Commonwealth of The Bahamas and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  1. Agreement of 12 July 1973 between Costa Rica and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An agreement by Exchange of Letters with Costa Rica to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Republic of Costa Rica and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  2. The Text of the Agreement of 28 February 1975 between Nicaragua and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with the Republic of Nicaragua to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2009-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Republic of Nicaragua and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  3. Agreement of 2 October 1974 between Ecuador and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An agreement by Exchange of Letters with Ecuador to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement of 2 October 1974 between the Republic of Ecuador and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  4. Agreement of 6 November 1978 between Jamaica and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An agreement by Exchange of Letters with Jamaica to rescind the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Exchange of Letters, constituting an agreement to rescind the Protocol to the Agreement between Jamaica and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  5. Agreement of 2 October 1974 between Ecuador and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An agreement by Exchange of Letters with Ecuador to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement of 2 October 1974 between the Republic of Ecuador and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  6. Agreement of 18 April 1975 between Honduras and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with Honduras to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2008-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement of 18 April 1975 between the Republic of Honduras and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  7. Rome, Saguntum and the Ebro Treaty

    Directory of Open Access Journals (Sweden)

    A. M. Eckstein

    1984-06-01

    Full Text Available Pol. III 14, 9-10 makes it possible to argue that Rome's amicitia with Saguntum may have antedated the death of Hamilcar Barca, and so was no provocative innovation of the late 220's B. C. It is also unlikely that Rome's ties with Saguntum were affected by the terms of the Ebro Treaty of ca. 226, while Rome's right to such ties had a legal basis in the «Spanish terms» of the Roman-Punic Treaty of 348. It thus appears that in the late 220's it was Hannibal (not Rome who was seeking to change the existing status quo south of the Ebro.

  8. Treaty aids 'detensioning of southern Africa'

    International Nuclear Information System (INIS)

    Stumpf, W.

    1991-01-01

    South Africa's accession to the Treaty on the Non-Proliferation of Nuclear Weapons is a significant step forward in trading non-weapons related nuclear technology with other world powers. In an interview with Dr Waldo Stumpf, chief executive officer of the Atomic Energy Corporation of South Africa, the impact of this decision on the Corporation and the whole of southern Africa is discussed

  9. Sustainable Markets Investment Briefings: Investment Treaties

    Energy Technology Data Exchange (ETDEWEB)

    Cotula, Lorenzo

    2007-08-15

    This is the second of a series of briefings which discuss the sustainable development issues raised by legal arrangements for the protection of foreign investment. The briefings are based on legal research by IIED and its partners. The goal is to provide accessible but accurate information for human rights, development and environmental organisations working on issues raised by foreign investment in low- and middle-income countries. Briefing 2 explains how investment treaties between states work to protect and promote foreign investment.

  10. Domestic Implementation of a Chemical Weapons Treaty

    Science.gov (United States)

    1989-10-01

    proceswd according to treaty protocolo , that the chemical industry is informed of its rights and oblhgationra•vith regard ’... Ibn Testatm peoridwily pu... familiar with Schedules II and Ill chemicals should have general experience with the requisite chemical process technology at both theoretical and...dedicated organization of highly specialized experts be formed, composed in part of technical staff familiar with the classes of chemicals listed in the

  11. Flaws in the Non-Proliferation Treaty

    International Nuclear Information System (INIS)

    Leventhal, P.

    1986-01-01

    The Treaty on the Non-Proliferation of Nucler Weapons has the twin objectives of stopping the further spread of nuclear weapons and ending the nuclear arms race on the one hand, and promoting peaceful uses of atomic energy on the other. In quantitative and symbolic terms the NPT is a huge success. More than two-thirds of the world's nations have signed on, making this the most popular arms control agreement on earth. Not a single nation has declared itself to be a nuclear-weapons state beyond the original five members of the ''nuclear club'' who qualified for weapons status under the terms of the Treaty itself: the United States, the Soviet Union, the United Kingdom, France, and China. No party to the Treaty has exercised the permitted option to drop out, and none has been found by the International Atomic Energy Agency (IAEA) to have diverted nuclear material from civil to weapons purposes. Nor has any party been known to have violated NPT prohibitions on developing or assisting other nations to develop nuclear weapons

  12. The Nuclear Non-Proliferation Treaty and the Comprehensive Nuclear-Test-Ban Treaty, the relationship

    International Nuclear Information System (INIS)

    Graham, Thomas Jr.

    2014-01-01

    The Nuclear Non-Proliferation Treaty (NPT) is the most important international security arrangement that we have that is protecting the world community and this has been true for many years. But it did not happen by accident, it is a strategic bargain in which 184 states gave up the right forever to acquire the most powerful weapon ever created in exchange for a commitment from the five states allowed to keep nuclear weapons under the NPT (U.S., U.K., Russia, France and China), to share peaceful nuclear technology and to engage in disarmament negotiations aimed at the ultimate elimination of their nuclear stockpiles. The most important part of this is the comprehensive nuclear test ban (CTBT); the thinking by the 184 NPT non-nuclear weapon states was and is that they understand that the elimination of nuclear weapon stockpiles is a long way off, but at least the NPT nuclear weapon states could stop testing the weapons. The CTBT has been ratified by 161 states but by its terms it can only come into force if 44 nuclear potential states ratify; 36 have of the 44 have ratified it, the remaining eight include the United States and seven others, most of whom are in effect waiting for the United States. No state has tested a nuclear weapon-except for complete outlier North Korea-in 15 years. There appears to be no chance that the U.S. Senate will approve the CTBT for ratification in the foreseeable future, but the NPT may not survive without it. Perhaps it is time to consider an interim measure, for the UN Security Council to declare that any future nuclear weapon test any time, anywhere is a 'threat to peace and security', in effect a violation of international law, which in today's world it clearly would be

  13. Experience in non-proliferation verification: The Treaty of Raratonga

    International Nuclear Information System (INIS)

    Walker, R.A.

    1998-01-01

    The verification provisions of the Treaty of Raratonga are subdivided into two categories: those performed by IAEA and those performed by other entities. A final provision of the Treaty of Raratonga is relevant to IAEA safeguards according to support of the continued effectiveness of the international non-proliferation system based on the Non-proliferation Treaty and the IAEA safeguards system. The non-IAEA verification process is described as well

  14. Does Investment Treaty Affect the Improvement on FDI?

    OpenAIRE

    Eunsook Seo

    2008-01-01

    The paper analyzes how investment treaty affects investment creation. Analysis results show that investment treaty could not directly affect the increase in investment with the form of investment agreement contradicting and the opening of investment treaty countries have increased a great deal of investment. Contracting the investment agreement means to ultimately improve the investment environment such as policy transparency, simplification of administration, and the simplification or the cl...

  15. Kajian Perbandingan Tax Treaty Model: OECD, UN, dan US

    OpenAIRE

    Rachmawati, Dyna

    2003-01-01

    The needs of tax treaty arise as International trade growth rapidly due to advancement of information technology. Taxa imposed on income derived from International trade are double. Tax treaty or tax convention is bilateral agreement for the avoidance of double taxation. This agreement arranges taxation rights. There are 3 (three) tax treaty model, which is used as reference to make bilateral agreement for the avoidance of double taxation. The first one is OECD Model made by The OECD...

  16. Constitutional changes and the dilemmas of constitutionalism

    OpenAIRE

    Bačić, Arsen

    2009-01-01

    The need to develop constitutional mechanisms whose aim is to resolve fundamental relations in society demands the widest possible inclusion of all of society’s active participants in the discussion on the need to adopt or revise the Constitution. The opening of every new round of constitutional changes is of great importance because it always unlocks certain new and important questions. The answers to those questions should be offered by state authority (policy) and civil society including s...

  17. Innovation in Justice and Security by Treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Myzafer ELEZI

    2013-11-01

    Full Text Available The Lisbon Treaty is a legal package which includes previous treaties, starting from the year 1957, following the Treaty of Rome and the Treaty of Nice in 2001, summarized in a single text that introduces a number of changes of the way how the European Union works, in order to make it more efficient for its citizens. This Treaty converts the European Union for the first time in a single entity, unifying pillars of its activities which are as follows: the European Communities, Common Foreign and Security Policy, and Judicial Cooperation in Criminal Matters, which so far only the European Communities had the status of judicial person. It modifies the Treaty of European Union, created by the European Union and the Treaty created by the European Community, which is in power, but do not replace them. The new Treaty gives the EU the legal framework, and necessary tools to face the future challenges and to respond to its citizen’s perspectives. The Conference will introduce all the innovations that the Treaty of Lisbon brings not only in the field of security and foreign policy of the EU, but also in those related to police and judicial cooperation regarding criminal matters.

  18. The Causes of Failure of the European Constitution From the Perspective of the Constitution-Making Process

    Directory of Open Access Journals (Sweden)

    Robert Podolnjak

    2006-01-01

    Full Text Available The basic argument of the article is that the main causes of failure of the European Constitution stem from an inadequate preparation and implementation of a complex procedure of constitution-making for a federation of countries on a continental scale. This process includes the issues of temporal aspects of constitutionmaking, the subject of constitution-making, the text of the constitution, the strategy of constitutional ratifi cation and the constitution-makers themselves. The principal causes of failure of the European Constitution will be presented in the form of certain preliminary assumptions, which will then be examined in the light of certain comparative experiences of constitution-making in two federal systems – the American and the Swiss system. The primary mistakes of the European constitution-making are refl ected in the lack of an appropriate moment for making the constitution, in the vagueness of the document in terms of its constitutional or contractual quality, in the creation of a text of the Constitution which is completely incomprehensible to the average citizen, in the making of the Constitution without a vision or ambition, in the complete lack of any strategy of ratifi cation of the Constitution, in the insistence on the direct participation of the people in the adoption of the Constitution, which is legally and politically considered primarily an international treaty, and in badly managed media presentation and defence of the Constitution before the European public. The most important mistakes, crucial to the failure of the Constitution, are the ambivalent approach of the European constitutionmakers to the mode of ratifi cation of the Constitution, and their disregard of the constitution-making experience of other federal countries.

  19. utilizing constitutional values in constitutional comparison

    African Journals Online (AJOL)

    Administrator

    a distinct set of commonalities, principles, standards and values that have gained currency in constitutional dialogue all over the world. Perhaps the best proof of this ripeness of constitutionalism is to be found in the signs that new, postmodern thinking about the state, the law and the sustainability of the established tenets of.

  20. Fish remains and humankind

    Directory of Open Access Journals (Sweden)

    Andrew K G Jones

    1997-08-01

    Full Text Available The four papers in this issue represent a trawl of the reports presented to the Fourth meeting of the International Council for Archaeozoology (ICAZ Fish Remains Working Group, which met at the University of York in 1987. The conference discussed material from many parts of the world - from Australasia to the north-west coast of America - and many eras, ranging in date from the early Pleistocene to the 1980s. It demonstrated both the variety of work being carried out and the growing interest in ancient fish remains. Internet Archaeology plans to publish other batches of papers from this conference. These reports will demonstrate the effort being made to distinguish between assemblages of fish remains which have been deposited by people and those which occur in ancient deposits as a result of the action of other agents. To investigate this area, experiments with modern material and observations of naturally occurring fish bone assemblages are supplemented with detailed analysis of ancient and modern fish remains. The papers published here illustrate the breadth of research into osteology, biogeography, documentary research, and the practicalities of recovering fish remains. Read, digest and enjoy them! Using the Internet for publishing research papers is not only ecologically sound (saving paper, etc. it disseminates scholarship to anyone anywhere on the planet with access to what is gradually becoming necessary technology in the late 20th century. Hopefully, future groups of papers will include video and audio material recorded at the conference, and so enable those who could not attend to gain further insights into the meeting and the scholarship underpinning this area of research.

  1. The Guadalajara Accord between Brazil and Argentina: a tentative step toward the nuclear weapons-free Latin America envisioned by the Treaty of Tlatelolco

    OpenAIRE

    Martin, Francis Xavier

    1991-01-01

    Approved for public release; distribution is unlimited In 1967, the treaty of Tlatelolco declared Latin America to be a nuclear weapons-free zone, but this goal remains unfulfilled. Argentina and Brazil, the :Latin American nations most capable of building nuclear weapons, refuse to comply with the treaty. Argentine and Brazilian military leaders pursued the development of nuclear weapons fro the 1970's to the late 1980's. The emergence of democratic regimes from the 1980's encouraged t...

  2. [PALEOPATHOLOGY OF HUMAN REMAINS].

    Science.gov (United States)

    Minozzi, Simona; Fornaciari, Gino

    2015-01-01

    Many diseases induce alterations in the human skeleton, leaving traces of their presence in ancient remains. Paleopathological examination of human remains not only allows the study of the history and evolution of the disease, but also the reconstruction of health conditions in the past populations. This paper describes the most interesting diseases observed in skeletal samples from the Roman Imperial Age necropoles found in urban and suburban areas of Rome during archaeological excavations in the last decades. The diseases observed were grouped into the following categories: articular diseases, traumas, infections, metabolic or nutritional diseases, congenital diseases and tumours, and some examples are reported for each group. Although extensive epidemiological investigation in ancient skeletal records is impossible, the palaeopathological study allowed to highlight the spread of numerous illnesses, many of which can be related to the life and health conditions of the Roman population.

  3. Meaning and repercussions of the Tlatelolco Treaty for Latin America

    International Nuclear Information System (INIS)

    Schriefer, D.

    1995-01-01

    This paper addresses the meaning and repercussions of the TLATELOLCO Treaty for Latin America and the caribbean, as part of the major efforts regarding . A nuclear weapons-free zone, It also describes the role of the OPANAL and that of the IAEA article 13 of the treaty, as well as regional and international safeguards are also highlighted

  4. 32 CFR 1630.46 - Class 4-T: Treaty alien.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Class 4-T: Treaty alien. 1630.46 Section 1630.46 National Defense Other Regulations Relating to National Defense SELECTIVE SERVICE SYSTEM CLASSIFICATION RULES § 1630.46 Class 4-T: Treaty alien. In Class 4-T shall be placed any registrant who is an alien who...

  5. Myths and Realities in 'Self-Executing Treaties' | Enabulele | Mizan ...

    African Journals Online (AJOL)

    Myths and Realities in 'Self-Executing Treaties'. Amos O Enabulele, Eric Okojie. Abstract. There appears to be very few doctrines in contemporary international law that are in such a problematic state as the doctrine of self-executing treaties. It would appear that its usefulness is more in the debate it engenders than in its ...

  6. Why we should let the Lisbon treaty rest in peace

    DEFF Research Database (Denmark)

    Beach, Derek

    2008-01-01

    Should the Irish be forced to vote again on the recently rejected Lisbon Treaty in a second referendum? The diplomatic signals coming from Brussels suggest that the Irish will be asked to solve the problem themselves using the Danish/Irish model of sending the same treaty with some clarifications...

  7. Rethinking Ethiopia's Bilateral Investment Treaties in light of Recent ...

    African Journals Online (AJOL)

    International investment law is dynamic. As treaty practice and jurisprudence in the area constantly develop, global standards are always in the making. Rethinking Ethiopia's Bilateral Investment Treaties (BITs) is thus a natural response to evaluate the status of the country's obligations under the regime of global investment ...

  8. Do Bilateral Investment Treaties Encourage FDI in the GCC ...

    African Journals Online (AJOL)

    Do Bilateral Investment Treaties Encourage FDI in the GCC Countries? W Mina. Abstract. This paper empirically examines the short and long term FDI impact of Gulf Cooperation Countries (GCC) countries contracting of bilateral investment treaties and distinguishes it by the income level of the contracting partner.

  9. The CFE Treaty and changed conditions in Europe

    Energy Technology Data Exchange (ETDEWEB)

    Allentuck, J.

    1994-08-01

    The Treaty on Conventional Forces in Europe (CFE) was signed in November 1990 by sixteen nations, members of the North Atlantic Treaty Organization (NATO), and six nations, members of the Warsaw Treaty Organization (WTO). It was resigned to prevent a major surprise attack in Europe by the conventional forces of one Treaty Organization against those of the other and was the first major arms control treaty to address conventional weapons. This paper focuses on how CFE adapted to changes in the military-political situation in Europe which occurred after 1990 and failed to adapt to others. Suggestions are offered on how it might be changed to make it more relevant under these changed conditions.

  10. Law 16.597 approve correction to Treaty for the proscription of Nuclear Weapons in Latin America (Tlatelolco Treaty)

    International Nuclear Information System (INIS)

    1994-01-01

    Approve it the amendments to the Treaty for the Proscription of the Nuclear Weapons in the Latin America (Treaty of TLATELOLCO), adopted for the General Conference of the Organism for the Proscription of the Nuclear Weapons in the Latin America and the Caribbean in their seventh extraordinary period of Sessions, in Mexico D:F., August of 1992, resolution 26 Not. 290(VII) [es

  11. Trade treaties and alcohol advertising policy.

    Science.gov (United States)

    Gould, Ellen

    2005-09-01

    Restrictions on alcohol advertising are vulnerable to challenge under international trade agreements. As countries negotiate new trade treaties and expand the scope of existing ones, the risk of such a challenge increases. While alcohol advertising restrictions normally do not distinguish between foreign and domestic products, this neutral character does not protect them from being challenged under trade rules. The article analyzes four provisions of trade agreements--expropriation, de facto discrimination, market access, and necessity--in relation to the jeopardy they pose for alcohol advertising restrictions. Key cases are reviewed to illustrate how these provisions have been used to either overturn existing advertising restrictions or prevent new ones from coming into force. The article also reports on the mixed results governments have had in trying to justify their regulations to trade panels and the stringent criteria imposed for proving that a regulation is "necessary."

  12. The Treaty for the prohibition of nuclear weapons in Latin America and the Caribbean (Tlatelolco Treaty)

    International Nuclear Information System (INIS)

    1994-01-01

    In a note verbale of 10 June 1994, the Agency was informed that, on 30 May 1994, the instruments necessary to bring the Treaty for the Prohibition of Nuclear Weapons in Latin American and the Caribbean into force for the Federative Republic of Brazil had been deposited. As requested by the Permanent Mission of Brazil to the International Organizations in Vienna, the text of the note is attached hereto for the information of Member States

  13. Constitution, 5 October 1988.

    Science.gov (United States)

    1989-01-01

    This document contains major provisions of the constitution adopted by Brazil on 5 October 1988. This constitution seeks to promote the welfare of all citizens without discrimination. The equality of all citizens is guaranteed, and the equal rights of women are specifically mentioned. Property rights are also guaranteed and defined. Female inmates are granted the right to remain with their children while breast feeding. Workers are guaranteed a minimum wage, a family allowance for dependents, maternity/paternity leave, specific incentives to protect the labor market for women, retirement benefits, free day care for preschool-age children, pay equity, and equal rights between tenured and sporadically employed workers. Agrarian reform provisions are given, including the authority to expropriate land. Social and economic policies to promote health are called for, and public health services are to be decentralized, to be integrated, and to foster community participation. Pension plan and social assistance provisions are outlined as are duties of the state in regard to education. The amount of money to be dedicated to education is set out, and a national educational plan is called for to achieve such goals as the eradication of illiteracy, the universalization of school attendance, the improvement of instruction, and the provision of vocational training. Specific measures are set out to protect and preserve the environment. Family policy deals with issues of marriage, the definition of a family, divorce, the right to family planning services, and the deterrence of domestic violence. Social protection provisions cover mothers and children, handicapped persons, and protection of minors. Finally, the customs and rights of Indians are protected, with special provisions given to protect land tenure and to protect the rights of Indians in water resource development and prospecting and mining activities.

  14. UNDERSTANDING INFORMAL CONSTITUTIONAL CHANGE

    Directory of Open Access Journals (Sweden)

    Stephen M. Griffin

    2016-01-01

    Full Text Available Amid much recent American work on the problem of informal constitutional change, this article stakes out a distinctive position. I argue that theories of constitutional change in the US must address the question of the relationship between the “small c” and “big C” Constitution and treat seriously the possibility of conflict between them. I stress the unavoidable role the text of the Constitution and structural doctrines of federalism and separation of powers play in this relationship and thus in constitutional change, both formal and informal. I therefore counsel against theories that rely solely on a practice-based approach or analogies between “small c” constitutional developments and British or Commonwealth traditions of the “unwritten” constitution and constitutional “conventions.” The alternative I advocate is to approach constitutional change from a historicist perspective that focuses attention on state building and the creation of new institutional capacities. This approach will allow us to make progress by highlighting that there can be multiple constitutional orders in a given historical era, thus accounting for the conflictual nature of contemporary constitutional development in the US.

  15. National security and the comprehensive test ban treaty

    International Nuclear Information System (INIS)

    Landauer, J.K.

    1980-08-01

    For nearly three years now, the US, UK, and USSR have been working on the draft of a treaty that would ban all nuclear explosions (both peaceful applications and weapon tests) and institute verification and monitoring provisions to ensure compliance with the treaty. The status of the draft treaty is summarized. The question, Is a CTBT really in the interest of US national security. is analyzed with arguments used by both proponents and opponents of the CTBT. It is concluded that there are arguments both for and against a CTBT, but, for those whose approach to national security can be expressed as peace through preparedness, the arguments against a CTBT appear persuasive

  16. The Efficacy of Water Treaties in the Eastern Nile Basin

    Directory of Open Access Journals (Sweden)

    Wuhibegezer Ferede

    2014-01-01

    Full Text Available This paper attempts to analyse the efficacy of the water treaties of the Nile in light of the principles of international law. The following critical examination of the treaties brings to light numerous legal defects associated with fraud, coercion, exclusivity and the deficiency of many of the precepts of the international law. Moreover, the lower riparian states’ advocacy for the succession of colonial treaties, which is branded as the re-affirmation of colonialism, is found to be incompatible with the principles of the clean-slate theory adopted by the upper riparian states. Therefore, the region lacks an efficacious regime that could address the interests of all riparian states.

  17. Bounded Rationality and the Diffusion of Modern Investment Treaties

    DEFF Research Database (Denmark)

    Skovgaard Poulsen, Lauge

    2014-01-01

    Given the considerable sovereignty costs involved, the adoption of modern investment treaties by practically all developing countries presents somewhat of a puzzle. Based on a review of leading explanations of investment treaty diffusion, the article advances a new theory using behavioral economics...... insights on cognitive heuristics. In line with recent work on policy diffusion, it suggests that a bounded rationality framework has considerable potential to explain why, and how, developing countries have adopted modern investment treaties. To illustrate the potential of this approach, the case of South...

  18. Utilizing constitutional values in constitutional comparison

    Directory of Open Access Journals (Sweden)

    F Venter

    2001-12-01

    Full Text Available We are living in an era in which constitutional law has become a comparative science. A cogent, generally accepted methodology for constitutional comparison, however does not exist. There can, it is therefore submitted, be no such thing as a universal, monolithic science or discipline of comparative law, be it in the field of private or of public law. On the other hand, juridical comparison done unscientifically will not yield the fruits of useful knowledge.The law in general is replete with unspecific notions such as justice, reasonableness, public interest, boni mores, and many others. It should therefore not be disturbing to find that values are often foundational to the operation and application of constitutional law. The values underpinning different constitutional systems may be useful as a tertium comparationis in a comparative exercise. This however requires a penetrating consideration of the foundations of the systems being compared.In this contribution "a small comparative exercise" is undertaken by way of demonstration of the method. The South African constitutional provisions relating to equality and affirmative action are set against the background of the relevant norms and practices in the United States of America and Canada. This produces some useful insights:• in the USA equality increasingly underpins a strict proscription of discrimination, thus shrinking the scope for justifiable affirmative action programmes;• the South African law relating to discrimination and upliftment of the disadvantaged was clearly influenced by, and is therefore better understood against the background of, the equivalent arrangements in Canada, which was in its turn possibly conceived against the backdrop of early developments in this regard in the USA;• the Canadian doctrine and law of the constitution deals with affirmative action as an exception to the prohibition of discrimination and does not favour private affirmative action programmes

  19. Vessel Sewage Discharges: Statutes, Regulations, and Related Laws and Treaties

    Science.gov (United States)

    Vessel sewage discharges can be regulated under multiple statutes, regulations, and laws/treaties, including the Clean Water Act, Title XIV, MARPOL Annex IV and the Vessel General Permit. This page describes how these are applied to vessel sewage.

  20. Entering the digital era of the Open Skies Treaty

    Directory of Open Access Journals (Sweden)

    Orych Agata

    2015-06-01

    Full Text Available The Open Skies Treaty has been a peace-building instrument between North American and European nations for over two decades. This agreement is based on the possibility for each country-signatory of the Treaty to independently conduct observation flights and obtain aerial imagery data of the territories of other Treaty States-Parties. This imagery data was originally acquired only using traditional photographic film cameras. Together with the rapid development and advancement of digital sensor technologies, the logical step forward was to amend the Treaty provisions to allow for the use of these types of sensors during observation missions. This paper describes this transition process and highlights a number of technical problems which needed to be addressed by experts working within the Open Skies Consultative Commission workgroups.

  1. The Nuclear Nonproliferation Treaty Review Conference: Issues for Congress

    National Research Council Canada - National Science Library

    Squassoni, Sharon; Behrens, Carl E

    2005-01-01

    ... activities of non-nuclear weapon states are not diverted to making nuclear weapons (Article III); ! promote, to the maximum extent consistent with the other purposes of the treaty, the peaceful uses of nuclear energy through full cooperation...

  2. Nationality non-discrimination in Serbian tax treaty law

    Directory of Open Access Journals (Sweden)

    Kostić Svetislav V.

    2014-01-01

    Full Text Available This paper deals with the nationality non-discrimination provision in Serbian double taxation treaties. First the author analyses the historical development of the nationality non-discrimination clause found the in the OECD Model Tax Convention and illustrates the dilemmas related to its interpretation, particularly the relevance of residence of taxpayers for comparability purposes and the application of Art. 24.1 of the OECD Model Tax Convention. Subsequently, the author turns his attention to the solutions found in Serbian double taxation treaties which are methodologically divided into three groups. One of them stands out as the most notable, being unique in global terms: double taxation treaties which provide for a prohibition of discriminatory treatment based on residence. The author critically addresses the fundamental flaws of the Serbian double taxation treaty policy which are recognized thorough a detailed scrutiny of the relevant norms of these international agreements.

  3. Mine seismicity and the Comprehensive Nuclear Test Ban Treaty

    Energy Technology Data Exchange (ETDEWEB)

    Chiappetta, F. [Blasting Analysis International, Allentown, PA (United States); Heuze, F.; Walter, W. [Lawrence Livermore National Lab., CA (United States); Hopler, R. [Powderman Consulting Inc., Oxford, MD (United States); Hsu, V. [Air Force Technical Applications Center, Patrick AFB, FL (United States); Martin, B. [Thunder Basin Coal Co., Wright, WY (United States); Pearson, C. [Los Alamos National Lab., NM (United States); Stump, B. [Southern Methodist Univ., Dallas, TX (United States); Zipf, K. [Univ. of New South Wales (Australia)

    1998-12-09

    Surface and underground mining operations generate seismic ground motions which are created by chemical explosions and ground failures. It may come as a surprise to some that the ground failures (coal bumps, first caves, pillar collapses, rockbursts, etc.) can send signals whose magnitudes are as strong or stronger than those from any mining blast. A verification system that includes seismic, infrasound, hydroacoustic and radionuclide sensors is being completed as part of the CTBT. The largest mine blasts and ground failures will be detected by this system and must be identified as distinct from signals generated by small nuclear explosions. Seismologists will analyze the seismic records and presumably should be able to separate them into earthquake-like and non earthquake-like categories, using a variety of so-called seismic discriminants. Non-earthquake essentially means explosion- or implosion-like. Such signals can be generated not only by mine blasts but also by a variety of ground failures. Because it is known that single-fired chemical explosions and nuclear explosion signals of the same yield give very similar seismic records, the non-earthquake signals will be of concern to the Treaty verification community. The magnitude of the mine-related events is in the range of seismicity created by smaller nuclear explosions or decoupled tests, which are of particular concern under the Treaty. It is conceivable that legitimate mining blasts or some mine-induced ground failures could occasionally be questioned. Information such as shot time, location and design parameters may be all that is necessary to resolve the event identity. In rare instances where the legitimate origin of the event could not be resolved by a consultation and clarification procedure, it might trigger on On-Site Inspection (OSI). Because there is uncertainty in the precise location of seismic event as determined by the International Monitoring System (IMS), the OSI can cover an area of up to 1

  4. Source Taxation of Technological Services in Finnish Tax Treaties

    OpenAIRE

    Kiviranta, Tuomas

    2016-01-01

    In this study, I analyze the various means of source taxation of technological and other services permitted by Finnish double taxation conventions and the future of source taxation of technological and other services. I attempt to shed light on the various means of source taxation of technological services permitted by Finnish tax treaties and by tax treaties also more generally. I analyze 1) the taxation of technological services in the source country as the profits of a permanent establishm...

  5. US Investment Treaties and Labor Standards

    Directory of Open Access Journals (Sweden)

    Kwan-Ho Kim

    2006-06-01

    Full Text Available Korea and the United States declared the start of negotiations for the establishment of a free trade agreement. The FTA will include investment chapter. That means the Korea-US BIT (Bilateral Investment Treaty talk, which has been deadlocked since 1998, resumes as a part of FTA negotiations. The FTA investment chapter will be based on the US model BIT, which has been updated in 2004. The updated BIT version includes labor clause which provides that parties should not weaken labor standards in an effort to attract foreign investment. This clause is grounded on the criticism raised by labor groups which asserts that competition among countries to attract foreign investment leads to bidding wars in labor standards. No solid evidence is found in support of the hypothesis that foreign investors favor countries with lower labor standards. Nonetheless, some countries have offered special incentives to investors that limit labor rights in the belief that doing so would help attract foreign investment, especially in export processing or special economic zones. In this regard, the Korea's Act on free economic zones which provides exceptional labor standards to foreign invested enterprise in those zones may become an issue in reaching the FTA. This article contemplates the "not lowering labor standards" provision in the US BIT model and its implications on the FTA talks with the US.

  6. Sustainable power and scenic beauty: The Niagara River Water Diversion Treaty and its relevance today

    International Nuclear Information System (INIS)

    Sedoff, Andrei; Schott, Stephan; Karney, Bryan

    2014-01-01

    Niagara Falls and the Niagara River have always attracted great public interest due to their natural beauty, their enormous potential for electricity generation, their recreational value and as an important ecosystem. There have been simultaneous efforts to preserve this unique natural wonder and harness its power through hydroelectric development projects by both the United States and Canada. This paper explores the evolution of these efforts that culminated with the signing of the 1950 Niagara River Water Diversion Treaty that established minimum water flow rates to protect the “scenic beauty” of the falls, allowing the remaining water to be diverted for power production. We examine the rationale that led to specific water flow restrictions and question to what extent they are relevant today, as water intake capacity on the Canadian side has just been extended by around 25%. We find that current restrictions under the Niagara River Water Treaty (that expired in 2000) are not based on sound scientific evidence and estimate the upper limit of potential foregone benefits from clean electricity generation and greenhouse gas reductions. We identify a number of important issues that emerged in the last decades and that would justify an exploration of new treaty rules. - Highlights: • We examine the history of water diversion at Niagara Falls. • We examine the rationale that led to water flow restrictions over Niagara Falls and its relevance today. • We estimate the opportunity cost of foregone energy generation with the new Canadian intake capacity. • Water flow stipulations were not based on the sound scientific or ecosystem analysis. • A renegotiation of the 1950 Niagara River Water Diversion Treaty is overdue

  7. Global Health Security Demands a Strong International Health Regulations Treaty and Leadership From a Highly Resourced World Health Organization.

    Science.gov (United States)

    Burkle, Frederick M

    2015-10-01

    If the Ebola tragedy of West Africa has taught us anything, it should be that the 2005 International Health Regulations (IHR) Treaty, which gave unprecedented authority to the World Health Organization (WHO) to provide global public health security during public health emergencies of international concern, has fallen severely short of its original goal. After encouraging successes with the 2003 severe acute respiratory syndrome (SARS) pandemic, the intent of the legally binding Treaty to improve the capacity of all countries to detect, assess, notify, and respond to public health threats has shamefully lapsed. Despite the granting of 2-year extensions in 2012 to countries to meet core surveillance and response requirements, less than 20% of countries have complied. Today it is not realistic to expect that these gaps will be solved or narrowed in the foreseeable future by the IHR or the WHO alone under current provisions. The unfortunate failures that culminated in an inadequate response to the Ebola epidemic in West Africa are multifactorial, including funding, staffing, and poor leadership decisions, but all are reversible. A rush by the Global Health Security Agenda partners to fill critical gaps in administrative and operational areas has been crucial in the short term, but questions remain as to the real priorities of the G20 as time elapses and critical gaps in public health protections and infrastructure take precedence over the economic and security needs of the developed world. The response from the Global Outbreak Alert and Response Network and foreign medical teams to Ebola proved indispensable to global health security, but both deserve stronger strategic capacity support and institutional status under the WHO leadership granted by the IHR Treaty. Treaties are the most successful means the world has in preventing, preparing for, and controlling epidemics in an increasingly globalized world. Other options are not sustainable. Given the gravity of ongoing

  8. Interpreting the Constitution.

    Science.gov (United States)

    Brennan, William J., Jr.

    1987-01-01

    Discusses constitutional interpretations relating to capital punishment and protection of human dignity. Points out the document's effectiveness in creating a new society by adapting its principles to current problems and needs. Considers two views of the Constitution that lead to controversy over the legitimacy of judicial decisions. (PS)

  9. The Constitution by Cell

    Science.gov (United States)

    Greenhut, Stephanie; Jones, Megan

    2010-01-01

    On their visit to the National Archives Experience in Washington, D.C., students in Jenni Ashley and Gay Brock's U.S. history classes at the Potomac School in McLean, Virginia, participated in a pilot program called "The Constitution by Cell." Armed with their cell phones, a basic understanding of the Constitution, and a willingness to…

  10. Nuclear weapons Latin American Proscription Treaty

    International Nuclear Information System (INIS)

    1967-01-01

    Military descentralization of Latin America will constitute a measure that will keep its peoples from squandering in nuclear weapons out of their limited resources and will protect them from eventually being attacked in such fashion within their territories. This constitutes a considerable contribution award avoiding proliferation of nuclear weapons as well as a giant step towards general and complete disarmament. It will also constitute evidence that Latin America, faithful to its universalist tradition, not only must make a greater effort towards proscribing from its territories the treat of a nuclear war, but also must use all its resources to persevere in its struggle for welfare and progress of its peoples, cooperating along with the rest of the world to achieve the ideals of mankind as a whole

  11. Agreement between the Republic of Colombia and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean. An agreement by exchange of letters of 5 February and 5 April 2001 with the Republic of Colombia in connection with the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2001-01-01

    The text of the Exchange of Letters is reproduced in this document for the information of all Members. This Exchange of Letters constitutes an agreement confirming that: - the Safeguards Agreement of 22 December 1982, concluded between the Republic of Colombia and the IAEA, pursuant to the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (the Tlatelolco Treaty), also satisfies the obligation of Colombia under Article III of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) to conclude a safeguards agreement with the IAEA; the safeguards set forth in the Safeguards Agreement shall also apply, as regards Colombia, in connection with the NPT; the provisions of the Safeguards Agreement shall apply as long as Colombia is party to the NPT or the Tlatelolco Treaty or both

  12. Protocol Additional to the agreement between the Republic of El Salvador and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2004-01-01

    The text of the Protocol Additional to the Agreement between the Republic of El Salvador and the International Atomic Energy Agency in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in the Annex to this document for the information of all Members. The Additional Protocol was approved by the Board of Governors on 23 September 2002. It was signed on 5 September 2003. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 24 May 2004, the date on which Agency received from El Salvador written notification that El Salvador's statutory and/or constitutional requirements for entry into force had been met

  13. Communication received from the Permanent Mission of Thailand regarding the Treaty on the Southeast Asia Nuclear Weapon-Free Zone (Treaty of Bangkok)

    International Nuclear Information System (INIS)

    1998-01-01

    The document reproduces the text of the Note Verbale dated 25 September 1997 received by the Agency from the Permanent Mission of Thailand to the Agency concerning the Treaty on the Southeast Asia Nuclear Weapon-Free Zone (Treaty of Bangkok), and as attachment the text of the above mentioned Treaty

  14. The text of the agreement of 28 February 1975 between Nicaragua and the Agency for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-proliferation of Nuclear Weapons. An agreement by exchange of letters with the Republic of Nicaragua to amend the Protocol to the safeguards Agreement

    International Nuclear Information System (INIS)

    2009-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Republic of Nicaragua and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency. The amendments agreed upon in the Exchange of Letters entered into force on 12 June 2009, the date on which the Agency received Nicaragua's affirmative reply

  15. Global environmental constitutionalism

    OpenAIRE

    Bosselmann, Klaus

    2015-01-01

    This article supports the perspective that environmental constitutionalism is a global and foundational subject. Considering the novelty and thin base of this only emerging field of inquiry, it aims for making some suggestions for formulating the purpose and scope of environmental constitutionalism in a global range. Moreover, considering that the very nature of environmental rights is more fundamental than classic human rights, the mindset and methodology applied to the studies of constituti...

  16. Verification methods for treaties limiting and banning nuclear tests

    International Nuclear Information System (INIS)

    Voloshin, N.P.

    1998-01-01

    Treaty on limitation of underground nuclear weapon tests and treaty on world banning of nuclear tests contribute to and accompany the process of nuclear disarmament. Test ban in three (Moscow treaty of 1963) as well as the Threshold Test Ban up to 1991 was controlled only with national means. But since 1991 nuclear test threshold of 150 kt has been measured with hydrodynamic and tele seismic methods and checked by the inspection. Distinctive feature of this control is that control is that it is bilateral. This conforms to Treaty on limitation of underground nuclear weapon tests signed by two countries - USA and USSR. The inspection at the place of tests requires monitoring of the test site of the party conducting a test and geological information of rock in the area of explosion. In the treaty of the World Nuclear Test Ban the following ways of international control are provided for: - seismologic measurements; - radionuclide measurements; - hydro-acoustics measurements; - infra-sound measurements; - inspection at the place of the tests conduction

  17. Contesting Constitutionalism: Constitutional Discourse at the WTO

    NARCIS (Netherlands)

    Lawrence, J.C.

    2013-01-01

    Debates about ‘constitutionalism’ have become an important trend in WTO scholarship. Despite over two decades of interest, however, a coherent definition of the term and its content remain out of reach. This paper argues that ‘constitutionalism’ should be approached not as something that can be

  18. Bill on the treaty of 7 June 1988 between the Federal Republic of Germany and the Kingdom of the Netherlands on mutual assistance in case of emergencies or serious accidents

    International Nuclear Information System (INIS)

    1992-01-01

    Expenses to be paid by the Federal Republic of Germany fall on 1. the respective Land in cases to which article 3 sec. 1 sub-sec. a of the treaty applies. The legal provisions of the Land concerning liability for costs on its territory remain unaffected. 2. The Federation in cases to which article 3 sec. 1 sub-sec. b of the treaty applies. Expenses to be paid by the Federal Republic of Germany pursuant to article 9 are allocated depending on whether the respective remedial measure falls into the scope of duties of the Federation or the Laender. Intrastate distribution of competence between the Federation and the Laender remains unaffected by the treaty. The text of the treaty is printed in both languages. (orig./HP) [de

  19. LE NOUVEAU CADRE ADMINISTRATIF INSTITUÉ PAR LE TRAITE ETABLISSANT UNE CONSTITUTION POUR L'EUROPE

    Directory of Open Access Journals (Sweden)

    Gina Livioara GOGA

    2006-09-01

    Full Text Available The Constitutional Traditions of the Member States represent a decisive element at the appearance of a European administrative law. Much of the principles of administrative law are mentioned in the Treaty, establishing a Constitution for Europe. The principals concern on the one hand, the Union’s institutions work, and on the other hand are directly applicable in Member States. They constitute the general principles governing administrative actions within the Union, even if there are presented numerous differences that exist between Member States.

  20. LES APPORTS DE LA CONSTITUTION POUR L'EUROPE À LA THÉORIE DU FÉDÉRALISME

    Directory of Open Access Journals (Sweden)

    Jacques Ziller

    2005-10-01

    Full Text Available This article analyzes the role thatin the medium and long term theTreaty establishing a Constitutionfor Europe will have eventually inthe process of European integration.In spite of the failed resultsof the French and Dutch referendafor its ratification, the Treaty,claims the author, will readopt acentral role in the future of theEuropean Union. From this perspective,the author explores differentaspects and features of theTreaty: he firstly deals with thedebate about the nature of theTreaty itself, that is, whether it isjust a treaty or whether it can beconsidered a constitution; secondly,the discusses about the possiblepolitical directions the Treatysets for Europe: whether it establishesa path for a federation, aconfederation or a third way. Thirdly,the author looks at other centralfeatures of the Treaty such asthe right of secession of the MemberStates, the recognition of nationalinstitutional structures, theestablishment of the EuropeanUnion’s institutions, the regulationof relations between the EuropeanUnion and the Member States,and the primacy principle.

  1. A climate treaty and the Norwegian economy: A CGE assessment

    International Nuclear Information System (INIS)

    Brendemoen, A.; Vennemo, H.

    1994-01-01

    This paper examines the impact of an international climate treaty on a single country-Norway. A disaggregate computable general equilibrium (CGE) model is used. We discuss the treaty's effects on main macroeconomic indicators, economic growth, distributional impacts, the impact on pollutant emissions other than CO 2 , and the secondary benefits of this reduction. The results suggest that CO 2 emissions will decrease compared to the current level. The distributional impacts are modest. Increases in secondary benefits recoup almost one half of the loss in private consumption. We characterize the uncertainty of this estimate. 21 refs., 4 figs., 6 tabs

  2. Seismological monitoring of the comprehensive nuclear-test-ban treaty

    International Nuclear Information System (INIS)

    Barrientos, S.; Haslinger, F.

    2001-01-01

    Seismological monitoring is one of the four technologies used by the International Monitoring System to verify compliance with the Comprehensive Nuclear-Test-Ban Treaty. When fully operational, two seismic networks, one primary (50 stations) and one auxiliary (120 stations), will enable global detection and event characterisation of sources with equivalent magnitude as low as 4. The basic principles of seismological theory and practice applied to verification are summarised, with particular emphasis on the new requirements imposed by the needs of the Treaty. (orig.) [de

  3. The New START Treaty: Central Limits and Key Provisions

    Science.gov (United States)

    2014-08-27

    article-by-article analysis can be found at http://www.state.gov/t/ avc /newstart/c44126.htm. 2 For a brief summary of the original START Treaty, as...2014, http://www.state.gov/t/ avc /rls/224236.htm . The fact sheet does not display warhead subtotals for each delivery system; it only includes an...of Strategic Offensive Forces, Fact Sheet, Washington, DC, April 1, 2014, http://www.state.gov/t/ avc /rls/228652.htm. The New START Treaty: Central

  4. CONSTITUTIONAL FOUNDATIONS OF JURISDICTION

    Directory of Open Access Journals (Sweden)

    Alexandre Jamal Batista

    2016-06-01

    Full Text Available At the current stage of our State of Law there is no way to separate the study of the civil procedural law from the Federal Constitution, especially the jurisdiction, because it is in the Constitution that there are the legitimizing foundations of the jurisdiction institute. In this article, we carry on about the constitutional foundations of jurisdiction, such as: the principle of natural justice, principle of access to justice, principle of impartiality, principle of publicity, principle of motivation and principle of submission to res judicata. The conclusion is, after all, that jurisdiction, as one of the bulwarks of the citizen, finds in the “Citizen Constitution” of 1988 its foundations and decisive bases.

  5. International Treaties Tax Law in Brazilian Law

    Directory of Open Access Journals (Sweden)

    Milena Zampieri Sellmann

    2016-06-01

    Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

  6. Agreement between the Republic of Panama and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America. An Agreement by Exchange of Letters with the Republic of Panama to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2012-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement of 23 March 1984 between the Republic of Panama and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  7. Agreement between the Republic of Panama and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America. An Agreement by Exchange of Letters with the Republic of Panama to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2012-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement of 23 March 1984 between the Republic of Panama and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  8. Conceptualising Commom Commercial Policy Treaty revision: explaining stagnancy and dynamics from the Amsterdam IGC to the Treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Arne Niemann

    2011-10-01

    Full Text Available This article seeks to explain the varying, and sometimes intriguing, outcomes of the past three revisions of the Treaty concerning the Community’s Common Commercial Policy (CCP. The analysis particularly focuses on the development of competence and decision rules, i.e. the process of (further supranationalisation, of the CCP. Subjecting the external trade policy outcomes of the Treaties of Amsterdam, Nice and Lisbon to causal analysis, the paper argues that stagnancy and change across cases can be explained by four factors: (i functional pressures; (ii the role of supranational institutions; (iii socialisation, deliberation and learning processes; and (iv countervailing forces.

  9. The Constitution of Partnering

    DEFF Research Database (Denmark)

    Gottlieb, Stefan Christoffer

    The constitution of partnering. Afhandlingen behandler konstitueringen af ledelseskonceptet partnering og dets anvendelse i dansk byggeri. Partnering er et udbredt koncept i byggeriet som betoner samarbejde, tillid og gensidighed mellem de deltagende parter, og konceptet har de senere år har været...

  10. Communicative Constitution of Organizations

    DEFF Research Database (Denmark)

    Schoeneborn, Dennis; Vasquez, Consuelo

    2017-01-01

    The notion of the communicative constitution of organizations (CCO) is at the center of a growing theoretical development within organizational communication studies. CCO scholarship is based on the idea that organization emerges in and is sustained and transformed by communication. This entry...

  11. Sexuality and the Constitution.

    Science.gov (United States)

    Copelon, Rhonda

    1987-01-01

    Argues for abortion rights and protection of intimate decisions and relationships. Describes the role and position of women in eighteenth century American society as a means of exposing the fallacy of the anti-abortion movement's insistence on adherence to constitutional text. Discusses the recent attempts to overturn the Roe v. Wade ruling. (PS)

  12. Between 'member-driven' WTO governance and ‘constitutional justice' : judicial dilemmas in GATT/WTO dispute settlement

    OpenAIRE

    PETERSMANN, Ernst-Ulrich

    2018-01-01

    Globalization and the recognition of human rights and constitutionalism by all UN member states entail that also international courts increasingly interpret their judicial mandates and multilateral treaties in conformity with 'constitutional principles' as multilevel governance of transnational public goods (PGs) constraining intergovernmental power politics through judicial protection of transnational rule of law for the benefit of citizens. US President Trump, the 'Brexit', and an increasin...

  13. Bill authorizing the ratification of the protocol amending the Protocol on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community

    International Nuclear Information System (INIS)

    2010-01-01

    After an indication of the European Parliament composition, this text describes the transitional provisions adopted as the Lisbon Treaty did not come into effect before the European elections held in June 2009. The document also provides the protocol text signed by the Members States and which amended the protocol on transitional provisions annexed to the Treaty on the European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community. The last part of the document discusses the administrative and legal consequences of this protocol. It also recalls the history of the negotiations and indicates the present status of signatures and ratifications

  14. European Private Law after the Treaty of Amsterdam

    NARCIS (Netherlands)

    Betlem, G.; Hondius, E.H.

    2001-01-01

    The communitarization of the private law of the Member States has been given a significant impetus by the transfer of EC competence regarding judicial cooperation in civil matters from the third to the first pillar of the European Union. That is to say, under a new title of the EC Treaty, a single

  15. Myths and Realities in 'Self-Executing Treaties'

    African Journals Online (AJOL)

    Enabulele & Okojie

    Abstract. There appears to be very few doctrines in contemporary international law that are in such a problematic state as the doctrine of self-executing treaties. It would appear that its usefulness is more in the debate it engenders than in its actual relevance to understanding the interface between international law and ...

  16. The Arms Trade Treaty Opens New Possibilities at the UN

    Directory of Open Access Journals (Sweden)

    John Scales Avery

    2013-05-01

    Full Text Available On 2 April, 2013, the Arms Trade Treaty, which had been blocked for ten years in the consensus-bound Conference on Disarmament in Geneva, was put directly before the United Nations General Assembly, and was passed by a massive majority. This historic victory opens new possibilities for progress on other seemingly intractable issues. In particular, it gives hope that a Nuclear Weapons Convention might be adopted by a direct vote on the floor of the General Assembly. The adoption of the NWC, even if achieved against the bitter opposition of the nuclear weapon states, would make it clear that the world’s peoples consider the threat of an all-destroying thermonuclear war to be completely unacceptable.Other precedents can be found in the International Criminal Court and the Ottawa Land Mine Treaty, both of which were adopted despite the vehement opposition of militarily powerful states. The Arms Trade Treaty, the ICC and the Land Mine Treaty all represent great steps forward. Although they may function imperfectly because of powerful opposition, they make the question of legality clear. In time, world public opinion will force aggressor states to follow international law.

  17. The Ottawa Treaty and Coalition Warfare: An Unholy Alliance?

    National Research Council Canada - National Science Library

    Weddle, Kevin

    1999-01-01

    ...) on our ability to execute successful coalition warfare. This paper describes the serious implications for NATO and Coalition operations in view of the bulk of our Allies signing the Ottawa Treaty banning the use of all anti-personnel landmines (APLs...

  18. Harnessing the International Treaty on Plant Genetic Resources for ...

    African Journals Online (AJOL)

    There is renewed international effort to address challenges associated with sustainable agriculture and food security. The key international framework is the International Treaty on Plant Genetic Resources for food and. Agriculture. Through it, is established a Multilateral System (MS) of facilitated access to key plant genetic ...

  19. 22 CFR 120.31 - North Atlantic Treaty Organization.

    Science.gov (United States)

    2010-04-01

    ..., Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, United Kingdom and the United States. ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false North Atlantic Treaty Organization. 120.31 Section 120.31 Foreign Relations DEPARTMENT OF STATE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS PURPOSE AND...

  20. 76 FR 72245 - Implementation of Defense Trade Cooperation Treaties

    Science.gov (United States)

    2011-11-22

    ... Cooperation Treaty between the United States and the United Kingdom, done at Washington, DC and London on June..., done at Washington DC and London, June 21 and 26, 2007. For additional information on making exports... maintains such lawful permanent residence status under the Immigration and Nationality Act, as amended (8 U...

  1. Leadership in politics and science within the Antarctic Treaty

    Directory of Open Access Journals (Sweden)

    John R. Dudeney

    2012-04-01

    Full Text Available For over 50 years the Antarctic has been governed through the Antarctic Treaty, an international agreement now between 49 nations of whom 28 Consultative Parties (CPs undertake the management role. Ostensibly, these Parties have qualified for their position on scientific grounds, though diplomacy also plays a major role. This paper uses counts of policy papers and science publications to assess the political and scientific outputs of all CPs over the last 18 years. We show that a subset of the original 12 Treaty signatories, consisting of the seven claimant nations, the USA and Russia, not only set the political agenda for the continent but also provide most of the science, with those CPs producing the most science generally having the greatest political influence. None of the later signatories to the Treaty appear to play a major role in managing Antarctica compared with this group, with half of all CPs collectively producing only 7% of the policy papers. Although acceptance as a CP requires demonstration of a substantial scientific programme, the Treaty has no formal mechanism to review whether a CP continues to meet this criterion. As a first step to addressing this deficiency, we encourage the CPs collectively to resolve to hold regular international peer reviews of their individual science programmes and to make the results available to the other CPs.

  2. The comprehensive test ban treaty negotiations: a view from Geneva

    International Nuclear Information System (INIS)

    Weston, Michael.

    1995-01-01

    The United Kingdom- one of the alliance's three nuclear powers is fully and actively involved in the search for a Comprehensive Test Ban Treaty (CTBT) which would play an important role in both non-proliferation and disarmament objectives. This article considers how the negotiations are proceeding and assesses the prospects in a number of key areas. (author)

  3. 26 CFR 1.894-1 - Income affected by treaty.

    Science.gov (United States)

    2010-04-01

    ... of taxation on its share of the U.S. source dividend income received by A. Example 2. Interest paid... the U.S.-X income tax treaty provides for a source country reduced rate of taxation on royalties of 5... 894(b) and this paragraph applies only to those items of income derived from sources within the United...

  4. North-South FDI and Bilateral Investment Treaties

    NARCIS (Netherlands)

    Falvey, R.; Foster-McGregor, N.

    2015-01-01

    Bilateral Investment Treaties (BITs) have become increasingly popular as a means of encouraging FDI from developed to developing countries. We adopt a matched difference-in-difference estimation to deal with the problem of endogeneity when estimating the effects of BITs on inward FDI. Our results

  5. A treaty banning nuclear weapons and its implications for the Netherlands

    NARCIS (Netherlands)

    Güven, O.; van der Meer, S.

    2015-01-01

    International support for a new multilateral treaty banning nuclear weapons is increasing. What implications would such a treaty have for the Netherlands? This policy brief describes the legal and political context of such a treaty and examines the implications of two scenarios: one in which the

  6. The San Francisco Peace Treaty: The Cold War and the Peace Process.

    Science.gov (United States)

    Brunette, Rachel

    International treaties have played a central role in diplomatic history since the rise of the modern nation state. Since the end of World War II, more treaties have been formed than in the preceding four centuries. The year 2001 marks the 50th anniversary of the San Francisco Peace Treaty. This unit provides students with historical knowledge of…

  7. The nonproliferation treaty and peaceful uses of nuclear explosives

    International Nuclear Information System (INIS)

    Ehrlich, Thomas

    1970-01-01

    In the past, nuclear arms control and peaceful uses of nuclear explosives were seen by many proponents of each as competing - if not opposing - interests. At one extreme, some viewed peaceful uses as an annoying irritant on the way to general and complete disarmament. At the other extreme, some considered arms-control arrangements - particularly those limiting nuclear testing - as bothersome barriers to realizing the full benefits of peaceful nuclear explosions. Most people found themselves somewhere between those extremes. But most also felt a continuing tension between essentially opposing forces. This polarity has been significantly altered by the 1968 Treaty on the Nonproliferation of Nuclear Weapons. It is believed that the future use of nuclear explosives for peaceful purposes will depend in large measure on the international arrangements worked out under the treaty. I also believe that the success of the treaty in checking proliferation of nuclear weapons is contingent, in substantial part, on those peaceful-uses arrangements. In the areas covered by the treaty, therefore, one could view an active development of peaceful uses for nuclear explosives as complementing rather than conflicting with nuclear arms control. The treaty is primarily a security agreement. It is aimed at reducing the risk of nuclear war by establishing permanency in the current separation of nuclear-weapon and non-nuclear-weapon nations. By its terms, each nuclear-weapon state agrees not to transfer nuclear weapons or other nuclear explosive devices to any recipient, and each non-nuclear-weapon state agrees not to receive such weapons or devices. The non-nuclear- weapon parties are also obligated to negotiate safeguards agreements with the International Atomic Energy Agency covering peaceful-uses activities. And all signatories agree not to transfer fissionable material to those parties unless they are subject to such agreements. These provisions are all part of a scheme to limit the

  8. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2007-12-01

    Full Text Available This research focused on what constitutes information integrity as this is a problem facing companies today. Moreover, information integrity is a pillar of information security and is required in order to have a sound security management programme. However, it is acknowledged that 100% information integrity is not currently achievable due to various limitations and therefore the auditing concept of reasonable assurance is adopted. This is in line with the concept that 100% information security is not achievable and the notion that adequate security is the goal, using appropriate countermeasures. The main contribution of this article is to illustrate the importance of and provide a macro view of what constitutes information integrity. The findings are in harmony with Samuel Johnson's words (1751: 'Integrity without knowledge is weak and useless, and knowledge without integrity is dangerous and dreadful.'

  9. What constitutes information integrity?

    Directory of Open Access Journals (Sweden)

    S. Flowerday

    2008-01-01

    Full Text Available This research focused on what constitutes information integrity as this is a problem facing companies today. Moreover, information integrity is a pillar of information security and is required in order to have a sound security management programme. However, it is acknowledged that 100% information integrity is not currently achievable due to various limitations and therefore the auditing concept of reasonable assurance is adopted. This is in line with the concept that 100% information security is not achievable and the notion that adequate security is the goal, using appropriate countermeasures. The main contribution of this article is to illustrate the importance of and provide a macro view of what constitutes information integrity. The findings are in harmony with Samuel Johnson's words (1751: 'Integrity without knowledge is weak and useless, and knowledge without integrity is dangerous and dreadful.'

  10. The constitutional view

    Directory of Open Access Journals (Sweden)

    Roberto Horácio Sá Pereira

    2016-05-01

    Full Text Available http://dx.doi.org/10.5007/1808-1711.2016v20n2p165   This brief paper is devoted to criticizing the widespread reading of Kant’s first Critique, according to which reference to subject-independent objects is “constituted” by higherorder cognitive abilities (concepts. Let us call this the “constitutional view”. In this paper, I argue that the constitutional reading confuses the un-Kantian problem of how we come to represent objects (which I call the intentionality thesis, with the quite different problem of how we cognize (erkennen (which I call the “cognition thesis” that we do represent objects, that is, things that exist independently of the subject.

  11. Does ratification of human-rights treaties have effects on population health?

    Science.gov (United States)

    Palmer, Alexis; Tomkinson, Jocelyn; Phung, Charlene; Ford, Nathan; Joffres, Michel; Fernandes, Kimberly A; Zeng, Leilei; Lima, Viviane; Montaner, Julio S G; Guyatt, Gordon H; Mills, Edward J

    2009-06-06

    Human-rights treaties indicate a country's commitment to human rights. Here, we assess whether ratification of human-rights treaties is associated with improved health and social indicators. Data for health (including HIV prevalence, and maternal, infant, and child [corruption index), gathered from 170 countries, showed no consistent associations between ratification of human-rights treaties and health or social outcomes. Established market economy states had consistently improved health compared with less wealthy settings, but this was not associated with treaty ratification. The status of treaty ratification alone is not a good indicator of the realisation of the right to health. We suggest the need for stringent requirements for ratification of treaties, improved accountability mechanisms to monitor compliance of states with treaty obligations, and financial assistance to support the realisation of the right to health.

  12. Current issues involved in Indian treaty and land claims negotiations in Canada

    Energy Technology Data Exchange (ETDEWEB)

    Reiter, R.A. [Robert A. Reiter Professional Corp., Edmonton, AB (Canada)

    2003-07-01

    This paper examined the following themes regarding laws that govern the rights of indigenous people in Canada: Aboriginal rights; treaty rights; negotiating modern Indian Treaties; interim measures; generating and keeping own source revenues without revoking treaty rights; self-government agreements; and, treaty land entitlements in British Columbia, Saskatchewan, Alberta and Manitoba. The paper offers guidance on negotiating modern treaties, land claims, self-government agreements, interim measures, First Nation financial relations, and treaty land entitlements in Canada. The four options available to First Nations in pursuing recognition of their rights include litigation, extra-legal routes, do nothing, and negotiate certainty to land, government and resources. The paper concludes with 7 rulings by the Supreme Court of Canada which should provide guidance in resolving Aboriginal and treaty rights. 71 refs.

  13. The Bicentennial and State Constitutions.

    Science.gov (United States)

    Clay, Henry

    1988-01-01

    Illustrates how the Bicentennial of the U.S. Constitution provides an opportunity to teach about the broader concept of constitutionalism through study of the state constitutions. Presents an argument for teaching about state constitutions, their role in the federal system, and the values they convey. (LS)

  14. The constitutive sofa cushion

    DEFF Research Database (Denmark)

    Hanghøj, Sara

    2009-01-01

    body, space and artefact, thereby revealing the materialization process. Based on results of the analysis, ANT (Actor-Network- Theory) is used in order to discuss how The Danish Folk High School's conception of simplicity as an aesthetic and gendered ideal in the formal education of female handcraft...... personal values materialize through a hand-made everyday artefact, and how can the artefact constitute action and self-perception? The empirical research and analysis concerns how a former textile crafts teacher's subjective values and professional identity materialize through a hand-woven sofa cushion...

  15. The Text of the Agreement of 22 April 1975 between El Salvador and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with the Republic of El Salvador to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2011-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement of 22 April 1975 between the Republic of El Salvador and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency. The amendments agreed upon in the Exchange of Letters entered into force on 10 June 2011, the date on which the Agency received El Salvador's affirmative reply

  16. Proposal for revisions of the United Nations Moon Treaty

    Science.gov (United States)

    Fernandes, Vera; Abreu, Neyda; Fritz, J.; Knapmeyer, Martin; Smeenk, Lisa; Ten Kate, Inge; Trüninger, Monica

    During this new 2010-decade, it will be imperative to reconsider the effectiveness of the current United Nations (U.N.) Moon Treaty (c.1979). Amendments are necessary to underline the mandatory human stewardship of this fragile planetary body of our Solar System, indispensible to life on Earth. After the very successful Apollo and Luna missions to the Moon (ending in 1976), which brought a wide array of data (samples, surface and orbital experiments), the Moon lost its exploratory attraction in favor of other programs, such as the International Space Station and potential human exploration of Mars. However, since the mid-90's, the enthusiasm for the Moon has been revived, which resulted in several space agencies worldwide (NASA, ESA, ISRO, JAXA, and the Chinese Space Agency) having made great efforts to re-start ex-ploratory and scientific campaigns even though budgetary changes may delay the process. As a result, a wide array of peoples and their interests are put together in each mission planned to reach the Moon (e.g., orbiters and landers). Up to now, mission plans focus on technical requirements and the desires of scientists and engineers, but hardly any other aspects. Field specialists on issues regarding the social, economic, political, cultural, ethical and environmen-tal impacts of Moon exploration and colonization have had little to no involvement in current and past lunar missions. However, these fields would provide different and essential points of view regarding the planning of lunar missions. Moreover, recent documents written by the scientific community, such as "The Scientific Context for Exploration of the Moon: Final Re-port" Committee on the Scientific Context for Exploration of the Moon, National Research Council (2007), or the recent (summer 2009) White Papers for the National Research Council Planetary Science Decadal Survey 2011-2020, do not seem to leave space for a multidisciplinary approach regarding the future lunar exploration either

  17. The Brazilian position during the final transactions the treaty for the proscriptions of nuclear weapons in Latin America

    International Nuclear Information System (INIS)

    Fonseca Costa, C.E.S.C. da.

    1979-02-01

    The Brazilian position during the final transactions on the treaty for the proscription of Nuclear Weapons in Latin America is presented. An analysis of the main clauses of this treaty is given, well as a comparative study between the principle points of Tlatelolco Treaty and Non-Proliferation Treaty [pt

  18. Elements of a framework treaty on climate change

    International Nuclear Information System (INIS)

    Richardson, E.L.

    1991-01-01

    A framework treaty on climate change should contain three essential elements. The first is a statement of goals, principles, and general obligations. The second is language establishing the procedures for negotiation and adoption of supplementary protocols. The third is specific provision for a series of auxiliary measures designed to encourage the voluntary adoption of national commitments, permit the monitoring of compliance with those commitments, and mobilize domestic and international public opinion. To give effect to this framework, the treaty should also entrust to a permanent multilateral body such functions as data collection, laying the groundwork for supplementary protocols, administering the auxiliary measures, providing technical assistance to member states, and monitoring national performance. It should also create a special fund for the support of these activities

  19. The Arms Trade Treaty (ATT): a public health imperative.

    Science.gov (United States)

    Valenti, Maria; Mtonga, Robert; Gould, Robert; Christ, Michael

    2014-02-01

    The United Nations adopted an historic international Arms Trade Treaty (ATT) in April 2013. A 1997 meeting of Nobel Peace Prize laureates who called for an International Code of Conduct to address the 'destructive effects of the unregulated arms trade' initiated discussions that led to the Treaty. Public health institutions, including the World Health Organization and the International Committee of the Red Cross, and nongovernmental health groups such as International Physicians for the Prevention of Nuclear War, made adoption of the ATT a public health imperative. The poorly regulated $70 billion annual trade in conventional arms fuels conflict, with devastating effects on global health. The ATT aims to 'reduce human suffering'. It prohibits arms' sales if there is knowledge that the arms would be used in the commission of genocide, attacks against civilians, or war crimes. The health community has much to contribute to ensuring ratification and implementation of the ATT.

  20. Who's bound by the former Soviet Union's arms control treaties?

    International Nuclear Information System (INIS)

    Rhinelander, J.B.; Bunn, G.

    1991-01-01

    A crucial issue raised by the disintegration of the Soviet central government is what happens to Soviet arms control obligations. As the Soviet government transforms or collapses in the wake of the failed August coup, which of the resulting entities will be bound by the treaties the Soviet Union entered into? Under international law, the obligations of a state are not affected by even such dramatic changes in government. No one yet knows, however, what the end result of the ongoing devolution of power in the erstwhile Soviet Union will be. As illustrations of what could happen to Soviet arms control obligations - not predictions of the future - the authors pose two alternative scenarios. In the first, they assume that most of the current 12 republics, including all of the big four where substantial nuclear forces and the largest conventional forces are located (Russia, Ukraine, Khazakhstan, and Belarus), ultimately form a loose confederation with sufficient central authority to be called a nation-state and to carry out the essence of Soviet obligations under major arms control treaties. In the second, they assume that the union disintegrates further, with these four key republics seceding entirely and recognizing one another as independent states - a step which is apparently one of the US criteria for granting its own recognition. In this scenario, the Russian republic maintains its basic territory and replaces the central government as the power center for military and foreign affairs. In each of these cases, they will describe the general issues affecting the Soviet Union's international obligations, and consider specifically the two most important arms control agreements now in force - the multilateral nuclear Non-proliferation Treaty (NPT) and the bilateral Antiballistic Missile (ABM) Treaty

  1. Overview of Major Issues of Tax Treaties Law in Kosovo

    OpenAIRE

    Bedri Peci

    2015-01-01

    The aim of this research is to analyze and find out the major issue of tax treaties law in Kosovo. In this analysis we have used the research method of case study. The results of research show that the legal framework for the elimination of double taxation, after 1999, initially started its establishment journey from the United Nations Administration Mission in Kosovo (UNMIK). Taking into consideration the specifications of the political status, the process for the establishment of the unilat...

  2. Is the North Atlantic Treaty Organization (NATO) Sustainable?

    Science.gov (United States)

    2012-03-22

    transition to a modern democracy.6 Professor Arthur Rachwald, Department of Political Science , U.S. Naval Academy, stated, “The disappearance of...and potential impact of terrorist attacks, in particular if terrorists were to acquire nuclear, chemical, biological or radiological capabilities... ProQuest (accessed January 22, 2012). 23 41 Unknown, “North Atlantic Treaty,” NATO Homepage, Online, April 4, 1949, http://www.nato.int/cps/en

  3. Russia's proposal for a European Security Treaty motives and implications

    OpenAIRE

    Harlambakis, Fredrick N.

    2010-01-01

    Approved for public release; distribution is unlimited Russian President Dmitry Medvedev's proposal for a European Security Treaty (EST) is an ambitious attempt to reshape the current Euro-Atlantic order, and thereby, advance Moscow's security interests. The EST proposed by Moscow would be a legally binding agreement. According to Moscow, it would uphold the principles of international law and achieve equal security for all states in the Euro-Atlantic region. However, the North Atlantic Tr...

  4. Analyses on the Possible Brexit through the Lisbon Treaty

    Directory of Open Access Journals (Sweden)

    Ana-Maria Teodora Andronic

    2016-05-01

    Full Text Available Europe is facing a social crisis like never before, and this comes just after an economical one. The huge flow of migrants that started crossing into Europe at the end of 2015 was just the straw that broke the camel for Great Britain, because the Brits were threatening to leave the EU for some time. Prime Minister David Cameron has warned his European counterparts that his country might leave if his demands are not met. He clearly affirmed that he wants to stay in the EU, but under different rules. He negotiated a package of reforms, demanding concessions from a frightened Brussels, that has seen almost inevitable the change in some EU treaty terms. The PM used the 2011 European Union Act at the negotiations, document which requires any EU treaty that passes new powers to Brussels to be put to an internal British referendum. On June 23rd there is set a referendum on the country’s membership to the EU. But this amount of uncertainty led to the fall of the pound (reaching its lowest level since 2009, to fear for the investors and furious debates between the political parties. We shall further analyze the Lisbon Treaty, in order to better understand the legislation behind this European-wide tension, and to explain the implications of such an event.

  5. Constitution, 5 May 1989.

    Science.gov (United States)

    1989-01-01

    This document contains provisions of Cambodia's Constitution of May 5, 1989. Article 7 gives men and women equal rights in marriage and the family, calls for monogamous marriages, and affords social protection to mothers and children. Article 8 guides parent-child relationships. The 14th article defines state property, and the 15th gives citizens full rights to own, use, and inherit land. The use of agricultural and forested land can only be changed with permission. Article 22 assigns educational responsibilities to the state, including free elementary education and a gradual expansion of higher education. Adult literacy classes are also promoted. Article 26 guarantees free medical consultations, and article 27 gives women a 90-day paid maternity leave. Breast-feeding women are also given special privileges. Article 33 guarantees the right to pay equity and to social security benefits. Article 36 grants the freedom to travel, the inviolability of homes, and privacy in correspondence of all types.

  6. On-site inspections under the INF Treaty. A post-mortem

    International Nuclear Information System (INIS)

    Russell, J.

    2001-01-01

    Midnight on 31 May 2001 marked the end of all on-site inspections (OSIs) under the Intermediate-range Nuclear Forces (INF) Treaty. Signed by the US and the Soviet Union in 1987, the treaty has now come of age and must survive for the rest of its indefinite duration without the security of regular OSIs. The ending of OSIs provides an opportunity to assess the success of this aspect of the verification regime and how the treaty is to be verified without them. The INF Treaty banned all ground-launched ballistic and cruise missiles with ranges between 500 and 5,500 kilometres. It was the first treaty to eliminate a whole class of nuclear weapons and the first nuclear arms control agreement to provide for OSIs. All 2,692 INF missiles were eliminated by May 1991, within the three-year time limit. A further 10 years of OSIs helped provide reassurance of continuing compliance. The treaty will continue to be verified by so-called national technical means, primarily satellites. The Special Verification Commission, set up under the treaty to resolve issues relating to treaty implementation and compliance, will continue to meet when requested by a treaty party. Universal opinion is that the treaty has been successfully verified to date. However, a number of problems were encountered and lessons learned from the experience. In particular, the treaty negotiators proved to have been overly cautious in envisaging how inspections would actually be conducted. One of the main achievements of OSIs under the INF Treaty has been to create a basic model and procedures for inspections which have been adopted in the more complex arms control and disarmament treaties that have followed

  7. Constitutive models in LAME.

    Energy Technology Data Exchange (ETDEWEB)

    Hammerand, Daniel Carl; Scherzinger, William Mark

    2007-09-01

    The Library of Advanced Materials for Engineering (LAME) provides a common repository for constitutive models that can be used in computational solid mechanics codes. A number of models including both hypoelastic (rate) and hyperelastic (total strain) constitutive forms have been implemented in LAME. The structure and testing of LAME is described in Scherzinger and Hammerand ([3] and [4]). The purpose of the present report is to describe the material models which have already been implemented into LAME. The descriptions are designed to give useful information to both analysts and code developers. Thus far, 33 non-ITAR/non-CRADA protected material models have been incorporated. These include everything from the simple isotropic linear elastic models to a number of elastic-plastic models for metals to models for honeycomb, foams, potting epoxies and rubber. A complete description of each model is outside the scope of the current report. Rather, the aim here is to delineate the properties, state variables, functions, and methods for each model. However, a brief description of some of the constitutive details is provided for a number of the material models. Where appropriate, the SAND reports available for each model have been cited. Many models have state variable aliases for some or all of their state variables. These alias names can be used for outputting desired quantities. The state variable aliases available for results output have been listed in this report. However, not all models use these aliases. For those models, no state variable names are listed. Nevertheless, the number of state variables employed by each model is always given. Currently, there are four possible functions for a material model. This report lists which of these four methods are employed in each material model. As far as analysts are concerned, this information is included only for the awareness purposes. The analyst can take confidence in the fact that model has been properly implemented

  8. VALUATION IN THE CONSTITUTIONAL ERA

    African Journals Online (AJOL)

    Brimer

    16 ..... stem from the pre-constitutional era, and the constitutional framework and its legitimate reform efforts. A decision on what is just ...... Carroll L Alice's Adventures in Wonderland (Digital Scanning Scituate MA. 2007). Dagan 1999 Va L Rev.

  9. Columbia River Treaty 2014/2024 Review • Phase 1 Report

    Energy Technology Data Exchange (ETDEWEB)

    None

    2010-07-01

    Under the Columbia River Treaty (Treaty or CRT) of 1964, Canada and the United States (U.S.) jointly regulate and manage the Columbia River as it flows from British Columbia into the U.S. The Treaty has provided substantial flood control and power generation benefits to both nations. The Treaty established Canadian and U.S. Entities as implementing agents for each government. British Columbia Hydro and Power Authority (BC Hydro) was designated as the Canadian Entity. The Bonneville Power Administration (BPA) Administrator and the U.S. Army Corps of Engineers (Corps) Division Engineer, Northwestern Division, were designated as the U.S. Entity. The Canadian and U.S. Entities are empowered by their respective governments with broad discretion to implement the existing Columbia River Treaty. They are not, however, authorized to terminate, renegotiate, or otherwise modify the Treaty. In the U.S., authority over international treaties rests with the President, assisted in foreign relations and international negotiations by the Department of State and subject in certain cases to the advice and consent of the U.S. Senate. In Canada, international treaties are within the prerogative of the executive branch of the federal government. Under current policy, treaties are tabled in the House of Commons, and are subject to a waiting period before the executive branch brings the treaty into effect. In the case of the Columbia River Treaty, Canada has assigned certain rights and obligations relating to the Treaty to British Columbia pursuant to the Canada-B.C. Agreement. The Phase 1 report is provided to those respective governmental bodies to support possible independent and/or joint decisions that may be made with respect to the future of the Treaty. The Treaty contains two important provisions that take effect on and after September 16, 2024, that could impact the current power and flood control benefits: 1. Canadian flood control obligations automatically change from a pre

  10. State provision of constitutional goods

    OpenAIRE

    Espinosa , Romain

    2016-01-01

    International audience; This paper investigates the impact of constitutional rights on the level of public expenditure in a large sample of countries. To do so, we construct a panel of 73 countries from 1960 to 2011. We first investigate factors that drive constitutional changes regarding constitutional rights. To address potential endogeneity concerns in the choice of constitutional rules, we rely on an instrumental variable within estimation (country and time fixed effects) to estimate the ...

  11. Start Of The French Constitutionalism: Constitution Of 1791

    Directory of Open Access Journals (Sweden)

    Sergey V. Bochkarev

    2014-12-01

    Full Text Available In the present article author analyzes questions of French constitutionalism origin. Author notes that in France, over the past two centuries, a state of law, which is based on the principles of popular sovereignty has been formed; observance of human rights and freedoms by the state; parliamentary democracy; supremacy of constitution in relation to all other laws and regulations; separation of powers and institute of authorities responsibility as an organizational framework for the legal state; independence of the judiciary; compliance with commitments taken by the State during international relations. These principles were laid down in the constitutional history of the country. In the present article an attempt to explore the beginning of the French constitutionalism through the prism of the Constitution of 1791 was made. Author makes concludes that in the Constitution of 1791 the fundamental principles of constitutional law were laid, some of which are reflected in the Constitution of the Fifth Republic in France and continue to operate. Constitution of the Fifth Republic proclaimed commitment to "human rights and principles of national sovereignty as defined by the Declaration of 1789, confirmed and complemented by the Preamble to the Constitution of 1946, and despite many disputes, Constitutional Council reaffirmed inviolability of the equality before the law principle, which exists in the Declaration.

  12. Ontoteleological Constitution of Entrepreneurship

    Directory of Open Access Journals (Sweden)

    Diego Luiz Teixeira Boava

    2017-06-01

    Full Text Available Entrepreneurship is a pluri-disciplinary phenomenon, object of research in several areas of knowledge. However, studies on this theme present approaches that start to consider entrepreneurship as a field of private knowledge in the phase of epistemological construction. In this context, the aim of this investigation is to contribute to the discussions on the theme, through studies on the ontoteleological constitution of entrepreneurship, in propaedeutic character, deflagrating new approaches. Thus, there is a presentation concerning the study of entrepreneurship, which may emphasize its ontical and ontological aspects. In addition, the reason why it is complex to define entrepreneurship is investigated. Subjects regarding the philosophy of entrepreneurship are introduced, seeking to present the bases for an ontoteleological approach to the phenomenon. Such an approach assumes that the finality of the entrepreneurial act relates to the main principles and transformations required into the organization. Finally, it is concluded that man is an entrepreneurial being, the meta-entrepreneur, and his entrepreneurial actions are not determined by external factors, but rather by the condition of his potentiality.

  13. The diffusion of constitutional rights

    NARCIS (Netherlands)

    Goderis, B.V.G.; Versteeg, M.

    Constitutions are commonly regarded as uniquely national products, shaped by domestic ideals and politics. This paper develops and empirically investigates a novel hypothesis, which is that constitutions are also shaped by transnational influence, or “diffusion.” Constitutional rights can diffuse

  14. On-site inspections under the Comprehensive Nuclear-Test-Ban Treaty

    Science.gov (United States)

    Ifft, Edward

    2017-11-01

    On-site inspections (OSI) are a key aspect of the verification regime for the Comprehensive Nuclear-Test-Ban Treaty (CTBT). Preparations to be able to conduct such inspections are going well. In particular, realistic major field exercises in Kazakhstan in 2008 and Jordan in 2014 enabled the Preparatory Commission of the Comprehensive Test-Ban-Treaty Organization (CTBTO) to learn valuable lessons regarding both the technical and human factors involved in being able to successfully implement the treaty's provisions.

  15. Constitution, 1989. [Selected provisions].

    Science.gov (United States)

    1989-01-01

    Chapter XII of the Hungarian Constitution, 1989, details the Fundamental Rights and Duties of Citizens. Everyone lawfully within the territory of Hungary has the right to liberty of movement and the freedom to choose his or her residence, except when restricted by law, including the right to leave his or her residence or county. The Republic of Hungary grants asylum to foreign citizens who were persecuted for racial, religious ethnic, linguistic, or political reasons. Men and women shall equally enjoy all civil, political, economic, social and political rights. Mothers are entitled to special care and protection before and after childbirth; women and juveniles are protected at work by special regulations. Every child has the right to special care an assistance from his or her family, the State, and society, for appropriate physical, spiritual, and moral development. Parents shall decide the kind of education their children receive. Hungary grants equal rights to all person within its territories, without regard to race, color, sex, language, religion, political, or other opinion, national, and social origin, property, birth and other status. Prejudicial discrimination shall be severely punished. Everyone has the right to work, to the free choice of employment and profession and to equal pay for equal work. Citizens have the right to social security, including social services necessary in old age, sickness, disability, widowhood, orphanhood an unemployment through no fault of their own. Hungary guarantees the right to culture for its citizens and realized this right by free and compulsory elementary education, by secondary and higher education which is accessible to all on the basis of capacity, and by the financial support of those receiving an education.

  16. Dilemmas on the European Constitution

    Directory of Open Access Journals (Sweden)

    Zvonko Posavec

    2005-01-01

    Full Text Available In this paper, the author discusses the dilemmas associated with the role of the European Constitution in the further development of the Union. Analysing the implications of the rejection of the European Constitution by the referenda in France and the Netherlands, the author sets forth arguments why such decisions should be neither overrated nor underrated. Aiming to broaden the basis for understanding the European constitutional crisis, the author further discusses the categories of state, constitution and nation. Scrutiny into these categories, he argues, is a crucial prerequisite for understanding the sources of dilemmas regarding the European Constitution and for further development of the EU political system

  17. The Subsidiarity of International Treaties Against Double Taxation Critical Analysis of French Jurisprudence

    OpenAIRE

    Marinho, Anapaula Trindade

    2016-01-01

    The application of tax treaties by national courts around the world is not uniform. Depending on the country where a given taxpayer raised a conflict between the provisions of the national tax rules and the regime provided by a tax treaty, the interpretation of the tax treaty might vary. The result can lead to a situation of double taxation, contrary to the aim of tax treaties. The contribution is about a particular principle of law that the Administrative French Supreme Court, i.e., the “Con...

  18. Constitutional judges (guarantee of the Constitution and responsibility

    Directory of Open Access Journals (Sweden)

    Francisco Javier Ansuátegui Roig

    2012-06-01

    Full Text Available My aim in this paper is to propose a reflection on the position and the importance that the constitutional judge has in the legal systems of contemporary constitutionalism. The figure of the judge responsible of protecting the Constitution is a key institution, without which we cannot understand the laws of constitutional democracies, their current lines of development, and the guarantee of rights and freedoms that constitute the normative core of these systems. Moreover, the reflection on the exercise of the powers of the judge, its scope and its justification is an important part of contemporary legal discussion, still relevant, albeit not exclusively - in the field of legal philosophy. The object of attention of my reflection is the judge who has the power of judicial review, in a scheme of defense of the Constitution, regardless the specific ways of this defense.

  19. And the Dead Remain Behind

    Directory of Open Access Journals (Sweden)

    Peter Read

    2013-08-01

    Full Text Available In most cultures the dead and their living relatives are held in a dialogic relationship. The dead have made it clear, while living, what they expect from their descendants. The living, for their part, wish to honour the tombs of their ancestors; at the least, to keep the graves of the recent dead from disrepair. Despite the strictures, the living can fail their responsibilities, for example, by migration to foreign countries. The peripatetic Chinese are one of the few cultures able to overcome the dilemma of the wanderer or the exile. With the help of a priest, an Australian Chinese migrant may summon the soul of an ancestor from an Asian grave to a Melbourne temple, where the spirit, though removed from its earthly vessel, will rest and remain at peace. Amongst cultures in which such practices are not culturally appropriate, to fail to honour the family dead can be exquisitely painful. Violence is the cause of most failure.

  20. Comprehensive Test Ban Treaty: options before nuclear Pakistan

    International Nuclear Information System (INIS)

    Pattanaik, Smruti S.

    1998-01-01

    The post-nuclear period has rendered Pakistan's strategic calculations more vulnerable. The decision to go nuclear after seventeen days of debate have started proving costly to Pakistan. This is revealed by the economic crisis resulting out of the foreign currency shortage, leading the country to default on the payment of debts. The pressure imposed by the International Monetary Fund (IMF) and World Bank and their patrons to sign the Comprehensive Test Ban Treaty (CTBT) have exposed Pakistan's economic vulnerability. Under this growing pressure, many have started questioning the decision to go nuclear

  1. The Australia-Indonesia Zone of Cooperation Treaty

    International Nuclear Information System (INIS)

    Hitchens, Michael

    1994-01-01

    The Australia-Indonesia Zone of Cooperation Treaty heralded the birth of a regime to allow joint development of the petroleum resources in an area where the sea boundary is subject to competing claims. This regime consists of a ministerial council and a joint authority. Eleven production sharing contracts for area A were signed by February 1992. The contractors have committed themselves to an exploration expenditure of at least US$200 million for the period from 1992 to 1994, including the drilling of 23 wells. (author)

  2. The Indo-American Nuclear Treaty: Challenges and Controversies

    International Nuclear Information System (INIS)

    Gutmann, Raphael

    2008-01-01

    In September 2008 India signed a co-operation agreement on civil nuclear energy with the United States. So doing, it got rid of an embargo that lasted for several decades, due to India's refusal to sign the NPT. This agreement has triggered many political debates in India and in the United States as well. Though the treaty is part of a new general design of the Indian diplomacy, it is very likely that it does not mean that New Delhi has radically changed its views on Washington

  3. WITHDRAWAL FROM THE EUROPEAN UNION ACCORDING TO ART. 50 OF THE TREATY OF LISBON. PRACTICAL APPLICATION – BREXIT

    Directory of Open Access Journals (Sweden)

    Adriana Deac

    2016-11-01

    Full Text Available Lisbon Treaty on the Functioning of the European Union regulates Article 50 posbilitatea Member States to withdraw voluntarily respecting national constitutional provisions2 . BREXIT (Britain and exit is the term that has been named Britain's withdrawal from the European Union3 . Following a consultative referendum held in the UK in June 2016 52% of the votes cast were in favor of leaving the EU. The new prime minister of Great Britain, Theresa May announced that by the end of March 2017 the government he leads will invoke Article 50 of the Treaty on the Functioning of the European Union, triggering the formal withdrawal, it will be finalized by in late March 2019 4 . Beyond the political and economic implications, unprecedented in the perste 60 years of the Eu ropean Union (including the three European Communities, the procedure of withdrawal from the European Union and Brexit site raises a number of legal issues, uniqueness being the consequence of the that such a procedure has never been used again anyway not in this form, on the one hand and, on the other hand, it is a state belonging to the system of common law based on judicial precedent which, in this case , does not exist.

  4. The Spanish Constitution, the Constitutional Court and the Catalan Referendum

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2015-01-01

    This chapter deals with a core topic in constitutional law, that of the conflict between constitutions and will of the demos. Aristotle in Book IV of the Politics had already anticipated the possible conflict between these two forms of Politeia (constitutions), when defining the types of democracy...... and politeia that Aristotle defined now clashes between two powerful symbolic and romantic phenomena. In the Spanish-Catalan binomial scenario, there are some elements that need to be analysed to obtain a complete picture of the constitutional possibilities to of accommodating a Catalan self...

  5. Essential Medicines in National Constitutions

    Science.gov (United States)

    Toebes, Brigit; Hogerzeil, Hans

    2016-01-01

    Abstract A constitutional guarantee of access to essential medicines has been identified as an important indicator of government commitment to the progressive realization of the right to the highest attainable standard of health. The objective of this study was to evaluate provisions on access to essential medicines in national constitutions, to identify comprehensive examples of constitutional text on medicines that can be used as a model for other countries, and to evaluate the evolution of constitutional medicines-related rights since 2008. Relevant articles were selected from an inventory of constitutional texts from WHO member states. References to states’ legal obligations under international human rights law were evaluated. Twenty-two constitutions worldwide now oblige governments to protect and/or to fulfill accessibility of, availability of, and/or quality of medicines. Since 2008, state responsibilities to fulfill access to essential medicines have expanded in five constitutions, been maintained in four constitutions, and have regressed in one constitution. Government commitments to essential medicines are an important foundation of health system equity and are included increasingly in state constitutions. PMID:27781006

  6. Nuclear energy and the constitutional state

    International Nuclear Information System (INIS)

    Saladin, P.

    1984-01-01

    This article puts the main emphasis on the problems of the constitutional principles of democracy, federalism, peaceful living together of peoples and constitutional state, i.e. problems caused by the development of nuclear energy. The fact that these problems are explained by way of the example of Switzerland, does not reduce the validity of the findings also for the German constitutional system, since the problems are identical and comparable. A long-term goal is a state theory which helps to define the aims and tasks of the state under technical, social, economic and cultural conditions of the end of the 20th and perhaps of the 21st century. Nuclear technology challenges the modern Western state and puts to the test the firmness of its legitimacy basis and the efficiency of its principles. It was conceived in a time which is separated from the present by technological revolutions. Safeguarding of humanity is aim and obligation of the modern constitutional state; the constitutional state stipulates the rules of conduct and, if the state remains true to its claim, it sets the procedures and the organization which give due priority order to the development of modern technology. (orig./HSCH) [de

  7. Green business will remain green

    International Nuclear Information System (INIS)

    Marcan, P.

    2008-01-01

    It all started with two words. Climate change. The carbon dioxide trading scheme, which was the politicians' idea on solving the number one global problem, followed. Four years ago, when the project was begun, there was no data for project initiation. Quotas for polluters mainly from energy production and other energy demanding industries were distributed based on spreadsheets, maximum output and expected future development of economies. Slovak companies have had a chance to profit from these arrangements since 2005. Many of them took advantage of the situation and turned the excessive quotas into an extraordinary profit which often reached hundreds of million Sk. The fact that the price of free quotas offered for sale dropped basically to 0 in 2006 only proved that the initial distribution was too generous. And the market reacted to the first official measurements of emissions. Slovak companies also contributed to this development. However, when planning the maximum emission volumes for 2008-2012 period, in spite of the fact that actual data were available, their expectations were not realistic. A glance at the figures in the proposal of the Ministry of Environment is sufficient to realize that there will be no major change in the future. And so for many Slovak companies business with a green future will remain green for the next five years. The state decided to give to selected companies even more free space as far as emissions are concerned. The most privileged companies can expect quotas increased by tens of percent. (author)

  8. Agreement between the Republic of Cuba and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean and the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2004-01-01

    The text of the Agreement between the Republic of Cuba and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in the Annex to this document for the information of all Members. The Agreement was approved by the Board of Governors on 9 September 2003. It was signed on 18 September 2003. Pursuant to Article 25 of the Agreement, the Agreement entered into force on 3 June 2004, the date on which the Agency received from Cuba written notification that Cuba's statutory and/or constitutional requirements for entry into force had been met

  9. Protocol Additional to the Agreement between the United Mexican States and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2011-01-01

    The text of the Protocol Additional to the Agreement between the United Mexican States and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members. The Board of Governors approved the Additional Protocol on 9 March 2004. It was signed on 29 March 2004 in Vienna, Austria. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 4 March 2011, the date on which the Agency received from the United Mexican States written notification that Mexico's statutory and constitutional requirements for entry into force had been met

  10. Protocol Additional to the Agreement between the Republic of Cuba and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean and the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2004-01-01

    The text of the Protocol Additional to the Agreement between the Republic of Cuba and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in the Annex to this document for the information of all Members. The Additional Protocol was approved by the Board of Governors on 9 September 2003. It was signed on 18 September 2003. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 3 June 2004, the date on which the Agency received from Cuba written notification that Cuba's statutory and/or constitutional requirements for entry into force had been met

  11. Protocol Additional to the agreement between the Republic of Paraguay and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2005-01-01

    The text of the Protocol Additional to the Agreement between the Republic of Paraguay and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in the Annex to this document for the information of all Members. The Board of Governors approved the Additional Protocol on 12 June 2002. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 15 September 2004, the date on which the Agency received from Paraguay written notification that Paraguay's statutory and/or constitutional requirements for entry into force had been met

  12. Protocol Additional to the agreement between the Republic of Nicaragua and the International Atomic Energy Agency for the application of safeguards in connection with the treaty for the prohibition of nuclear weapons in Latin America and the treaty on the non-proliferation of nuclear weapons

    International Nuclear Information System (INIS)

    2002-01-01

    The text of the Protocol Additional to the Agreement between the Republic of Nicaragua and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in the Annex to this document for the information of all Members. The Additional Protocol was approved by the Board of Governors on 12 June 2002. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 18 February 2005, the date on which the Agency received from Nicaragua written notification that Nicaragua's statutory and/or constitutional requirements for entry into force had been met

  13. Silicon photonics: some remaining challenges

    Science.gov (United States)

    Reed, G. T.; Topley, R.; Khokhar, A. Z.; Thompson, D. J.; Stanković, S.; Reynolds, S.; Chen, X.; Soper, N.; Mitchell, C. J.; Hu, Y.; Shen, L.; Martinez-Jimenez, G.; Healy, N.; Mailis, S.; Peacock, A. C.; Nedeljkovic, M.; Gardes, F. Y.; Soler Penades, J.; Alonso-Ramos, C.; Ortega-Monux, A.; Wanguemert-Perez, G.; Molina-Fernandez, I.; Cheben, P.; Mashanovich, G. Z.

    2016-03-01

    This paper discusses some of the remaining challenges for silicon photonics, and how we at Southampton University have approached some of them. Despite phenomenal advances in the field of Silicon Photonics, there are a number of areas that still require development. For short to medium reach applications, there is a need to improve the power consumption of photonic circuits such that inter-chip, and perhaps intra-chip applications are viable. This means that yet smaller devices are required as well as thermally stable devices, and multiple wavelength channels. In turn this demands smaller, more efficient modulators, athermal circuits, and improved wavelength division multiplexers. The debate continues as to whether on-chip lasers are necessary for all applications, but an efficient low cost laser would benefit many applications. Multi-layer photonics offers the possibility of increasing the complexity and effectiveness of a given area of chip real estate, but it is a demanding challenge. Low cost packaging (in particular, passive alignment of fibre to waveguide), and effective wafer scale testing strategies, are also essential for mass market applications. Whilst solutions to these challenges would enhance most applications, a derivative technology is emerging, that of Mid Infra-Red (MIR) silicon photonics. This field will build on existing developments, but will require key enhancements to facilitate functionality at longer wavelengths. In common with mainstream silicon photonics, significant developments have been made, but there is still much left to do. Here we summarise some of our recent work towards wafer scale testing, passive alignment, multiplexing, and MIR silicon photonics technology.

  14. Russian attempts on constitutional issue of insurgent Serbia (1804-1813 (Part three: The advices of prince Prozorovski

    Directory of Open Access Journals (Sweden)

    Šarkić Srđan N.

    2015-01-01

    insurgents in a very difficult situation. The recognition of the integrity of the Ottoman Empire, meant that Serbia would remain a part of the Ottoman Empire. The French renunciation of mediation meant that Russia would negotiate alone with Ottoman Empire and that the Serbian issue will be in connection with Russian political interests in the Balkans. However, while preparing the negotiations for the peace-treaty with Turkey, commander-in-chief of Russian Danubian army Prince Alexander Alexandrovich Prozorovski asked the proposals from Russian envoy in Serbia, Constantine Constantinovich Rodofinikin, concerning the provisions which would treat Serbia. Prozorovski especially asked Rodofinikin's opinion regarding the borders of Serbia, its trade, Serbian relationships with other countries, the organization of supreme power, laws, the tribute payed to the Sublime Porte, and taxes. Due to the international political situation that changed to the detriment of Russia, all Russian attempts to find a solution to the basic constitutional issue for Serbia remained a dead in the water.

  15. Spectroscopic fast neutron transmission imaging in a treaty verification setting

    Directory of Open Access Journals (Sweden)

    K. Ogren

    2018-01-01

    Full Text Available Measurements of the geometric configuration of objects and their material composition are needed for nuclear treaty verification purposes. We experimentally demonstrate a simple method based on monoenergetic fast neutron transmission to realize crude imaging of the geometric configuration of special nuclear material, confirm its fissionable content, and obtain information on its approximate fissile mass. In the experiment, we used monoenergetic neutrons from D(d, n3He and T(d, n4He reactions and a linear array of liquid scintillation detectors to perform spectroscopic neutron imaging of up to 13.7 kg of highly enriched uranium in a spherical geometry. We also show an example of detection of material diversion and confirm the presence of fissionable material based on the measurement of high-energy prompt fission neutrons, including estimating the quantity of material from the comparison of measured and predicted fission neutron emission rate. The combination of crude imaging and fissionable material detection and quantification in a simple approach may be attractive in certain treaty verification scenarios.

  16. Spectroscopic fast neutron transmission imaging in a treaty verification setting

    Science.gov (United States)

    Ogren, K.; Nattress, J.; Jovanovic, I.

    2018-01-01

    Measurements of the geometric configuration of objects and their material composition are needed for nuclear treaty verification purposes. We experimentally demonstrate a simple method based on monoenergetic fast neutron transmission to realize crude imaging of the geometric configuration of special nuclear material, confirm its fissionable content, and obtain information on its approximate fissile mass. In the experiment, we used monoenergetic neutrons from D(d, n)3He and T(d, n)4He reactions and a linear array of liquid scintillation detectors to perform spectroscopic neutron imaging of up to 13.7 kg of highly enriched uranium in a spherical geometry. We also show an example of detection of material diversion and confirm the presence of fissionable material based on the measurement of high-energy prompt fission neutrons, including estimating the quantity of material from the comparison of measured and predicted fission neutron emission rate. The combination of crude imaging and fissionable material detection and quantification in a simple approach may be attractive in certain treaty verification scenarios.

  17. Forensic Seismology and the Comprehensive Nuclear-Test-Ban Treaty

    Science.gov (United States)

    Bowers, David; Selby, Neil D.

    2009-05-01

    One application of forensic seismology is to help verify compliance with the Comprehensive Nuclear-Test-Ban Treaty. One of the challenges facing the forensic seismologist is to discriminate between the many thousands of earthquakes of potential interest each year and potential Treaty violations (underground explosions). There are four main methods: (a) ratio of body- to surface-wave magnitudes, (b) ratio of high-frequency P to S energy, (c) model-based methods, and (d) source depth. Methods (a) and (b) have an empirical basis. The weakness of methods (a)-(c) is the lack of an equivalent elastic source for an underground explosion fired in the range of geological media found around the world. Reliable routine source-depth determination has proved difficult. However, experience gained in the past decade at identifying suspicious seismic sources suggests that although no single method works all of the time, intelligent and original application of complementary methods is usually sufficient to satisfactorily identify the source in question.

  18. Constitutional Issues--Watergate and the Constitution. Teaching with Documents.

    Science.gov (United States)

    National Archives and Records Administration, Washington, DC.

    When U.S. President Richard Nixon resigned in 1974 in the wake of the Watergate scandal, it was only the second time that impeachment of a president had been considered. Although the U.S. Constitution has provisions for a person removed from office to be indicted, there are no guidelines in the Constitution about a President who has resigned. The…

  19. Constitutions compared : An introduction to comparative constitutional law

    NARCIS (Netherlands)

    Heringa, Aalt Willem

    2016-01-01

    This book provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. The subjects covered are the origins

  20. La Constitution économique parmi les Constitutions européennes

    OpenAIRE

    Kaarlo Tuori

    2011-01-01

    In the European context, the place of the revolutionary notions of constitutive power, demos and constitutional moment is occupied by the evolutionary concept of constitutionalisation. Economic constitution is merely one aspect in multi-dimensional European constitution (alisation). My tentative proposal is to distinguish between the following dimensions of constitution : economic constitution ; juridical constitution ; political constitution ; social constitution ; and security constitution....

  1. National constitutional courts in the European Constitutional Democracy

    DEFF Research Database (Denmark)

    Komárek, Jan

    2014-01-01

    This article critically assesses the transformation of national constitutional courts’ place in the law and politics of the EU and its member states. This process eliminates the difference between constitutional and ordinary national courts, which is crucial for the institutional implementation...... the EU and its member states, understood together as the European Constitutional Democracy—the central notion developed in this article in order to support an argument that should speak to both EU lawyers and national constitutionalists....... of the discourse theory of law and democracy. It also disrupts the symbiotic relationship between national constitutional democracies established after World War II and European integration. The article argues that maintaining the special place of national constitutional courts is in the vital interest of both...

  2. The South African constitutional court's use of foreign precedent in ...

    African Journals Online (AJOL)

    ... Court or whether it is a characteristic of a court which is confident enough that its independence will remain intact in spite of its looking elsewhere for answers. KEYWORDS: transjudicialism; foreign precedent, comparative judicialism, stare decisis; foreign case law; comparative constitutionalism; Constitutional Court.

  3. 26 CFR 301.6114-1 - Treaty-based return positions.

    Science.gov (United States)

    2010-04-01

    ... business is not subject to U.S. taxation because it is income treated as derived from sources outside the... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Treaty-based return positions. 301.6114-1....6114-1 Treaty-based return positions. (a) Reporting requirement—(1) General rule. (i) Except as...

  4. The LOB Provision in the New Japan-Netherlands Tax Treaty

    NARCIS (Netherlands)

    Potgens, F.P.G.; Hofland, D.A.

    2011-01-01

    In this article, the authors review the comptability of the limitation on benefits provision of the Japan-Netherlands tax treaty with the OECD Model Tax Convention and the fundamental freedoms of the Treaty on the Functioning of the European Union, and conclude that it is clearly in conflict with a

  5. The Nuclear Non-Proliferation Treaty: Regulating Nuclear Weapons around the World

    Science.gov (United States)

    Middleton, Tiffany Willey

    2010-01-01

    In May 2010, scientists, national security experts, and state delegates from nations around the world will convene in New York for the 2010 Nuclear Non-Proliferation Treaty Review Conference. They will review current guidelines for nuclear testing and possession of nuclear weapons in accordance with the Nuclear Non-Proliferation Treaty of 1968,…

  6. Political significance of the CTBT (History, status, relationship with the Pelindaba Treaty, etc.)

    International Nuclear Information System (INIS)

    Onanga-Anyanga, P.

    1999-01-01

    This presentation deals with historical overview, negotiations on CTBT and its adoption, status and verification system of the Treaty, political significance of CTBT and its significance for States signatories in Africa. Separate chapters are devoted to the African region, CTBT Pelindaba Treaty and cooperative prospects and relevance of the CTBT for Africa

  7. 78 FR 21523 - Implementation of the Defense Trade Cooperation Treaty Between the United States and Australia

    Science.gov (United States)

    2013-04-11

    ... Trade Cooperation (Treaty Doc. 110-7). The U.S.-UK treaty entered into force on April 13, 2012. (See..., or on the distribution of power and responsibilities among the various levels of government...) of this section; (xiii) Purchase order or contract; (xiv) Technical data actually exported; (xv) The...

  8. Role of sustainable development in Bilateral Investment Treaties : Recent trends and developments

    NARCIS (Netherlands)

    Levashova, Y.

    2012-01-01

    In the last decade, international investment law has undergone an explosive growth, which is characterized by the proliferation of Bilateral Investment Treaties (BITs) and a growing number of investment-treaty arbitrations. The effect of BITs on developing countries (host states) can be

  9. Role of sustainable development in Bilateral Investment Treaties : Recent trends and developments

    NARCIS (Netherlands)

    Levashova, Y.

    2011-01-01

    In the last decade, international investment law has undergone an explosive growth, which is characterized by the proliferation of Bilateral Investment Treaties (BITs) and a growing number of investment-treaty arbitrations. The effect of BITs on developing countries (host states) can be

  10. NESST: A nuclear energy safety and security treaty-Separating nuclear energy from nuclear weapons

    Science.gov (United States)

    McNamara, Brendan

    2012-06-01

    Fission and Fusion energy is matched by the need to completely separate civilian energy programmes from the production of nuclear weapons. The Nuclear Proliferation Treaty (NPT, 1968) muddles these issues together. The case is presented here for making a new Nuclear Energy Security Treaty (NESST) which is rigorous, enforceable without violence, and separate from the political quagmire of nuclear weapons.

  11. 77 FR 30584 - Notice of Termination of United States-Bolivia Bilateral Investment Treaty

    Science.gov (United States)

    2012-05-23

    ... of Termination of United States--Bolivia Bilateral Investment Treaty AGENCY: Department of State and... delivered to the United States a notice of termination for the bilateral investment treaty between the two... to have effect except that it will continue to apply for another 10 years to covered investments...

  12. Implementation of treaty as basis for regional cooperation vis-à-vis ...

    African Journals Online (AJOL)

    States have limited their powers throughout their history both voluntarily and involuntarily, for example, by signing international treaties. This paper explores the concepts of regional cooperation and sovereignty with a focus on treaty as the basis for regional and international relations. The paper reviews section 12 of the ...

  13. The New Partnership Approach in the 2003 Belgium-Netherlands Tax Treaty

    NARCIS (Netherlands)

    G.K. Fibbe (Gijsbert); M. Isenbaert (Mathieu)

    2004-01-01

    textabstractSince 1 January 2003, a new double tax Treaty is applicable between Belgium and the Netherlands. The old Treaty of 1970 already included a specific provision relating to partnerships. Including three distinct provisions has now expanded the tradition and it is the objective of this

  14. 78 FR 32362 - Implementation of the Defense Trade Cooperation Treaty Between the United States and Australia...

    Science.gov (United States)

    2013-05-30

    ... the Defense Trade Cooperation Treaty Between the United States and Australia; Announcement of... Government of the United States of America and the Government of Australia Concerning Defense Trade... Defense Trade Cooperation Treaty Between the United States and Australia,'' published on April 11, 2013...

  15. 50 CFR 300.102 - Relationship to other treaties, conventions, laws, and regulations.

    Science.gov (United States)

    2010-10-01

    ..., conventions, laws, and regulations. 300.102 Section 300.102 Wildlife and Fisheries INTERNATIONAL FISHING AND RELATED ACTIVITIES INTERNATIONAL FISHERIES REGULATIONS Antarctic Marine Living Resources § 300.102 Relationship to other treaties, conventions, laws, and regulations. (a) Other conventions and treaties to which...

  16. Report on the 2016 conference Tax Treaty Case Law Around the Globe

    NARCIS (Netherlands)

    van Hulten, Mart; Jallai, Ave-Geidi

    2016-01-01

    Each year the international conference Tax Treaty Case Law Around the Globe provides a forum to discuss with outstanding experts of the relevant jurisdictions the most important and interesting tax treaty cases which recently have been decided all over the world. This article provides a report on

  17. The Constitution and American Radicalism.

    Science.gov (United States)

    Lobel, Jules

    1987-01-01

    Discusses the history of the following movements' attitudes towards the Constitution: (1) abolition; (2) feminism; (3) trade unions; (4) socialism and communism; and (5) civil rights and anti-war. Maintains that the tensions in these movements' towards the Constitution represent basic contradictions in the document itself. (PS)

  18. The Constitution and Its Critics

    Science.gov (United States)

    Main, Thomas J.

    2011-01-01

    In planning a freshman undergraduate curriculum with colleagues recently, the question arose as to what type of understanding educators wanted to impart to their students about the Constitution. The alleged defects of the Constitution that these books point to are wide-ranging and can be classified into various categories. Some problems--such as…

  19. Constitutive Effects of Performance Indicators

    DEFF Research Database (Denmark)

    Dahler-Larsen, Peter

    2014-01-01

    that are demonstrably problematic. Based on a distinction between trivial and advanced measure fixation, an argument is made for constitutive effects that are based on less problematic assumptions. Through this conceptual move, the political dimension of performance indicators is appreciated. The conceptual dimensions...... of constitutive effects are carved out, empirical illustrations of their applicability are offered and implications discussed....

  20. Constitutive rules, language, and ontology

    NARCIS (Netherlands)

    Hindriks, Frank

    It is a commonplace within philosophy that the ontology of institutions can be captured in terms of constitutive rules. What exactly such rules are, however, is not well understood. They are usually contrasted to regulative rules: constitutive rules (such as the rules of chess) make institutional

  1. Towards a tactical nuclear weapons treaty? Is There a Role of IAEA Tools of Safeguards?

    Energy Technology Data Exchange (ETDEWEB)

    Saunders, Emily C. [Los Alamos National Laboratory; Rowberry, Ariana N. [Los Alamos National Laboratory; Fearey, Bryan L. [Los Alamos National Laboratory

    2012-07-12

    In recent years, there is growing interest in formal negotiations on non-strategic or tactical nuclear weapons. With the negotiations of New START, there has been much speculation that a tactical nuclear weapons treaty should be included in the follow on to New START. This paper examines the current policy environment related to tactical weapons and some of the issues surrounding the definition of tactical nuclear weapons. We then map out the steps that would need to be taken in order to begin discussions on a tactical nuclear weapons treaty. These steps will review the potential role of the IAEA in verification of a tactical nuclear weapons treaty. Specifically, does IAEA involvement in various arms control treaties serve as a useful roadmap on how to overcome some of the issues pertaining to a tactical nuclear weapons treaty?

  2. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...

  3. The text of the Cairo declaration. Adopted on the occasion of the signing of the African Nuclear-Weapon-Free Zone Treaty (the Treaty of Pelindaba) Cairo, 11 April 1996

    International Nuclear Information System (INIS)

    1996-01-01

    As requested by the Resident Representative of Egypt to the International Atomic Energy Agency, the document reproduces the text of the 'Cairo Declaration' which was adopted by the African States signatories of the African Nuclear-Weapon-Free Zone Treaty (the Treaty of Pelindaba) on the occasion of the signature of the Treaty on 11 April 1996 in Cairo

  4. The Text of the Agreement between the Lesotho and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with the Kingdom of Lesotho to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2010-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Kingdom of Lesotho and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  5. Agreement between the Holy See and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An agreement by Exchange of Letters with the Holy See to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Holy See and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  6. The Text of the Agreement of 8 August 1978 between Gambia and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with the Republic of The Gambia to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2012-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Republic of The Gambia and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  7. The Text of the Agreement between Iceland and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with Iceland to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2010-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between Iceland and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  8. The Text of the Agreement of 14 January 1980 between Senegal and the Agency for the Application of Safeguards in Connection with the Treaty on the Non Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with Senegal to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2010-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between Senegal and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  9. The Text of the Agreement of 14 January 1980 between Senegal and the Agency for the Application of Safeguards in Connection with the Treaty on the Non Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with Senegal to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2010-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between Senegal and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  10. The Text of the Agreement between Iceland and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with Iceland to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2010-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between Iceland and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  11. The Text of the Agreement between the Lesotho and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with the Kingdom of Lesotho to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2009-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Kingdom of Lesotho and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  12. Agreement between the Holy See and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An agreement by Exchange of Letters with the Holy See to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Holy See and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  13. The Text of the Agreement of 8 August 1978 between Gambia and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with the Republic of The Gambia to amend the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2012-01-01

    The text of the Exchange of Letters, constituting an agreement to amend the Protocol to the Agreement between the Republic of The Gambia and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  14. 77 FR 33089 - Announcement of Entry Into Force of the Defense Trade Cooperation Treaty Between the United...

    Science.gov (United States)

    2012-06-05

    ..., 2012, the United States and the United Kingdom exchanged diplomatic notes bringing the Treaty between... of the rule published on March 21, 2012, implementing the Treaty and making other updates to the... 16592) implementing the Treaty and making other updates to the ITAR. FOR FURTHER INFORMATION CONTACT...

  15. 77 FR 16591 - Implementation of the Defense Trade Cooperation Treaty Between the United States and the United...

    Science.gov (United States)

    2012-03-21

    ... Ireland Concerning Defense Trade Cooperation (Treaty Doc. 110-7). We will publish a rule document in the... Ireland Concerning Defense Trade Cooperation (Treaty Doc. 110-7). Once the Treaty is in force, exports... compliance costs on Indian tribal governments, and will not preempt tribal law. Accordingly, Executive Order...

  16. Optimal imaging for treaty verification FY2014 annual report

    International Nuclear Information System (INIS)

    Hilton, Nathan R.; Johnson, William C.; Brubaker, Erik M.; Kupinski, Matthew Alan; MacGahan, Christopher Jonathan

    2014-01-01

    FY2014 technical report of our project funded by DNN R&D that leverages advanced inference methods developed for medical and adaptive imaging to address arms control applications. We seek a method to acquire and analyze imaging data of declared treaty-accountable items without creating an image of those objects or otherwise storing or revealing any classified information. Such a method would avoid the use of classified-information barriers. We present our progress on FY2014 tasks defined in our life-cycle plan. We also describe some future work that is part of the continuation of this project in FY2015 and beyond as part of a venture that joins ours with a related PNNL project.

  17. Optimal imaging for treaty verification FY2014 annual report

    Energy Technology Data Exchange (ETDEWEB)

    Hilton, Nathan R. [Sandia National Lab. (SNL-CA), Livermore, CA (United States); Johnson, William C. [Sandia National Lab. (SNL-CA), Livermore, CA (United States); Brubaker, Erik M. [Sandia National Lab. (SNL-CA), Livermore, CA (United States); Kupinski, Matthew Alan [Univ. of Arizona, Tucson, AZ (United States); MacGahan, Christopher Jonathan [Univ. of Arizona, Tucson, AZ (United States)

    2014-10-01

    FY2014 technical report of our project funded by DNN R&D that leverages advanced inference methods developed for medical and adaptive imaging to address arms control applications. We seek a method to acquire and analyze imaging data of declared treaty-accountable items without creating an image of those objects or otherwise storing or revealing any classified information. Such a method would avoid the use of classified-information barriers. We present our progress on FY2014 tasks defined in our life-cycle plan. We also describe some future work that is part of the continuation of this project in FY2015 and beyond as part of a venture that joins ours with a related PNNL project.

  18. The Constitution's Prescription for Freedom.

    Science.gov (United States)

    Peach, Lucinda

    1986-01-01

    Examines how the framers of the Constitution came to choose our system of government, how that system was designed to function, and how the separation of powers has served to maintain our democracy despite attempts to violate it. (JDH)

  19. Constitutive Modelling in Geomechanics Introduction

    CERN Document Server

    Puzrin, Alexander M

    2012-01-01

    The purpose of this book is to bridge the gap between the traditional Geomechanics and Numerical Geotechnical Modelling with applications in science and practice. Geomechanics is rarely taught within the rigorous context of Continuum Mechanics and Thermodynamics, while when it comes to Numerical Modelling, commercially available finite elements or finite differences software utilize constitutive relationships within the rigorous framework. As a result, young scientists and engineers have to learn the challenging subject of constitutive modelling from a program manual and often end up with using unrealistic models which violate the Laws of Thermodynamics.  The book is introductory, by no means does it claim any completeness and state of the art in such a dynamically developing field as numerical and constitutive modelling of soils. The author gives basic understanding of conventional continuum mechanics approaches to constitutive modelling, which can serve as a foundation for exploring more advanced theories....

  20. The merits of global constitutionalism

    Directory of Open Access Journals (Sweden)

    Anne Peters

    2017-12-01

    Full Text Available Global constitutionalism is an agenda that identifies and advocates for the application of constitutionalist principles in the international legal sphere. Global constitutionalization is the gradual emergence of constitutionalist features in international law. Critics of global constitutionalism doubt the empirical reality of constitutionalization, call into question the analytic value of constitutionalism as an academic approach, and fear that the discourse is normatively dangerous because it is anti-pluralist, artificially creates a false legitimacy, and promises an unrealistic end of politics. This article addresses these objections. I argue that global constitutionalization is likely to compensate for globalization induced constitutionalist deficits on the national level, that a constitutionalist reading of international law can serve as a hermeneutic device, and that the constitutionalist vocabulary uncovers legitimacy deficits of international law and suggests remedies. Global constitutionalism, therefore, has a responsibilizing and much-needed critical potential.

  1. A survey on constitutional justice

    Directory of Open Access Journals (Sweden)

    Kheirollah Parvin

    2015-05-01

    Full Text Available The idea of supervising the conformity of statutory law with constitutional law, is due to necessities rooted in two essential principles: the supremacy of constitution and the hierarchy of the law. Constitution as the supreme law in the sense of status and legal value , is placed at the top of the legal pyramid of every political system and therefore requires a special organization and discipline that will act as the sanction of the principles and the main content incorporated in this legal instrument. this special organization and discipline known as Constitutional justice in legal Literature now and have studing in two main patterns. Firs pattern based on Supervision of courts on rules and other pattern is Apply by Emphasis on role of Political Institutions in Supervision on rules. This two patterns have common purpose but have different backgrounds and methods.

  2. Cleanup liability and the Constitution

    International Nuclear Information System (INIS)

    Friedland, D.M.; Hagen, P.E.

    1992-01-01

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

  3. CONSTITUTIONALISM

    African Journals Online (AJOL)

    eliasn

    Mao Zedong's statement seems to hold true in the contemporary world as well. In democratic countries, it is the democratically elected officials who are allowed to govern or control the military, although technical affairs are left to the military personnel. Instead, if full autonomy or sovereignty is granted to the military leaders,.

  4. Constitutional Verbosity and Social Trust

    DEFF Research Database (Denmark)

    Bjørnskov, Christian; Voigt, Stefan

    2014-01-01

    A common argument in the trust literature is that high-trust cultures allow efficient commercial contracts to be shorter, covering fewer contingencies. We take this idea to the topic of social contracts. Specifically, we ask whether social trust affects the length and detail of constitutions. Cross......-country estimates suggest that national trust levels are indeed robustly and negatively associated with the length of countries’ constitutions....

  5. Global Survey of National Constitutions

    Science.gov (United States)

    Perehudoff, Katrina

    2017-01-01

    Abstract General Comment No. 22, issued in 2016 by the Committee on Economic, Social and Cultural Rights (CESCR), clarifies states’ legal duties to respect, protect, and fulfill the right to sexual and reproductive health (SRH). Our study analyzes domestic constitutions around the world to investigate whether and to what extent the right to sexual and reproductive health is respected, protected, and fulfilled; to what extent these provisions are inclusive and non-discriminatory; and to what degree the interlinkages between this and other human rights are acknowledged. Of the 195 constitutions accessed, 27 enshrine sexual and/or reproductive health, and seven adopt restrictive approaches to this right. In the 27 constitutions, provisions most frequently enshrine respect of one’s sexual health and family planning decisions, the protection of sexual health, and the provision of reproductive health care and family planning services (fulfillment). Most of the 27 constitutions fail to adequately respect reproductive health rights; to protect reproductive health, family planning, and abortion services from third-party interference; and to fulfill all dimensions of sexual health and access to abortion. Three of the 27 constitutions enshrine a universal right to SRH, and additional constitutions protect specific vulnerable groups (such as women, children) and/or restrict the scope of rights holders to couples. Among the 27 constitutions, nine explicitly link the right to sexual and reproductive health to the rights to education, science, and/or to make autonomous decisions about sexuality and reproduction. Our results can serve as a baseline measure to track constitutional reforms in pursuit of the realization of sexual and reproductive health and rights, and as building blocks for future lawmakers committed to realizing these rights through domestic legal reform. PMID:29302182

  6. EUROATOM-treaty and intergovernmental conference; Euratom-Vertrag und Regierungskonferenz

    Energy Technology Data Exchange (ETDEWEB)

    Thomas, S. [Bundesministerium fuer Wirtschaft und Technologie Berlin/Bonn, Bonn (Germany). Referat III B 4

    2007-10-15

    On June 26, 2007 the European Council decided under the chairmanship of the Head of State of the German Government, Angela Merkel, to work out a ''Reform Treaty'' for the European Union. The current version of the ''Reform Treaty'' and the Intergovernmental Conference are a successful result of the German and French policy for Europe. The process will be continued under the Portuguese chairmanship of the European Union. The ''Reform Treaty'' includes a special separate energy chapter. The chapter includes targets for an EU-energy policy as well as targets for the peaceful uses of nuclear energy. Furthermore special technical topics of a revision of the EURATOM-Treaty are mentioned. General revisions of the EURATOM-Treaty or a special Intergovernmental Conference on the EURATOM-Treaty are not expected. Maybe, the European Parliament will get more competence in some parts of decision making processes. Due to the differing views on the peaceful uses of nuclear energy in the EU member states a revision of the EUROATOM-Treaty is more unlikely expected. (orig.)

  7. International tax planning & prevention of abuse under domestic tax law, tax treaties & EC-law

    OpenAIRE

    De Broe, Luc

    2007-01-01

    PART ONE:THE USE OF CONDUIT & BASE COMPANIES IN INTERNATIONAL TAX PLANNING 1 1. CONDUIT COMPANIES 1 1.1. Treaty shopping 1 1.1.1. Description of the term “Treaty shopping” in relation to conduit companies 1 1.1.2. Basic features of “Treaty Shopping” in relation to conduit companies 6 1.1.2.1. Form of the conduit: company or partnership ? 6 1.1.2.2. Tax considerations in setting up the conduit 8 1.2. Directive shopping 11 1.2.1. Description of the term ...

  8. The President of the Republic in the constitutional order of Serbia: Ten years of the Constitution of 2006

    Directory of Open Access Journals (Sweden)

    Đorđević Aleksandar S.

    2016-01-01

    Full Text Available It is undoubted that the President of the Republic of Serbia represents the most controversial issue debating in constitutional theory and practice. We can find completely opposite attitudes toward the constitutional status of the President of the Republic: on one hand, the prevailing opinion that the President of the Republic has an active role in the executive branch of the government, but on the other hand, the opinion that the President of the Republic is a figurehead and has only a moderating role. If we remain focused only on normative analysis, there is no doubt that we will be brought to a conclusion that the constitution-maker insisted on the moderating role of the President of the Republic making him an independent constitutional body providing the balance in the system of government. In the constitutional practice, in the previous ten years, we have been in a position to see two totally different 'stiles of presidency'. None of them is in accordance with the 'constitutional picture' of the institution. From 2007 to 2012 president Tadić was a central constitutional figure. He tended to concentrate all constitutional powers in his hands using the position of the leader of the strongest political party. With coming into power president Nikolic, who gave up the function of the president of the party, constitutional and political power moved almost completely to the president of the Government. The president of the Republic acts sometimes as he has less power than the Constitution gives him.

  9. The Conclusion of the Roman-Gothic Peace Treaty in 382

    Directory of Open Access Journals (Sweden)

    Alenka Cedilnik

    2009-07-01

    Full Text Available Seeking to call attention to the possibilities raised by the available sources but so far left unexamined, the author indicates some possible interpretations, which, however, can be proved with no more certainty than the prevailing view. Assuming that they might be correct, the course of events which led to the peace treaty of 382 may be summarised as follows. After the crushing defeat suffered by the Roman army in the Battle of Adrianople on August 9th, 378, Emperor Gratian attempted to stem the hostile rampages of the Goths, Huns, and Alans by offering them a truce in the same year. Since he was unsuccessful, the appointment of Theodosius as the new Emperor in the eastern part of the Roman Empire implied that the latter, at the head of a reorganised eastern army, would bear the main burden and responsibility in the Gothic war. In keeping with this plan, Illyricum, previously annexed to the West in its entirety, was divided into the western and eastern parts. The eastern part with the dioceses of Dacia and Macedonia, perceived as more prone to invasions by the Goths and their associates, the Huns and Alans, was annexed to Theodosius’ East, while the western part remained subject to the western administrative structures. If the campaigns of Theodosius’ army proved successful, the West was presumably no longer expected to come under attack, so the troops stationed there were, in the unlikely event of an attack, meant to stop the enemy’s progress only if Theodosius’ army should fail to carry out its basic plan. Since the year 379 was marked by Roman successes, owing to the disorganised warfare of the enemy troops, the attack of Alatheus and Saphrax’ group on Pannonia in the spring of 380 came as a surprise, probably no longer seriously contemplated. The surprise may have been still enhanced if the members of the triethnic group did not invade Pannonia from the south, across the Sava River, as might have been expected from their sojourn

  10. Constitutional compatibility of energy systems

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1983-01-01

    The paper starts from the results of the Enquiry Commission on 'Future Nuclear Energy Policy' of the 8th Federal German Parliament outlining technically feasible energy futures in four 'pathways'. For the purpose of the project, which was to establish the comparative advantages and disadvantages of different energy systems, these four scenarios were reduced to two alternatives: cases K (= nuclear energy) and S (= solar energy). The question to Ge put is: Which changes within our legal system will be ushered in by certain technological developments and how do these changes relate to the legal condition intended so far. Proceeding in this manner will not lead to the result of a nuclear energy system or a solar energy system being in conformity or in contradiction with the constitutional law, but will provide a catalogue of implications orientated to the aims of legal standards: a person deciding in favour of a nuclear energy system or a solar energy system supports this or that development of constitutional policy, and a person purishing this or that aim of legal policy should be consistent and decide in favour of this or that energy system. The investigation of constitutional compatibility leads to the question what effects different energy systems will have on the forms of political intercourse laid down in the constitutional law, which are orientated to models of a liberal constitutional tradition of citizens. (orig./HSCH) [de

  11. Environmental liability in constitutional law

    Directory of Open Access Journals (Sweden)

    Larissa Gabrielle Braga e Silva

    2016-04-01

    Full Text Available This article is scope to undertake a study of the Brazilian constitutional treatment given to environmental liability institute. This institute enters the constitutional law of special and unique way in the Constitution of the Federative Republic of Brazil in 1988, stamped on Article 225, third paragraph. The Federal Constitution gives broad protection to the environment and inserts it into the list of social rights and assigns it still status of fundamental right. With regard to environmental liability, the Constitution welcomes the normative content of Article 14, first paragraph, of the Act establishing the National Environmental Policy, Law 6.938 / 81, and includes the environmental objective accountability. The study called State Environmental Law is the new and necessary law paradigm that conjunctiva presents proposal of economic, social, cultural and environmental rights and advocates the idea of a broad existential minimum, not merely physical or biological. Finally, the liability was highlighted in its objective application in their individual and collective achievements. The literature review was the methodology used, whose deductive method to corroborate the findings made by this study. It is concluded that environmental liability is an institute that is associated with the consolidation of a Social and Environmental rule of law and that this is a challenge that everyone, without distinction, is presented.

  12. Global Communications Infrastructure: CTBT Treaty monitoring using space communications

    Science.gov (United States)

    Kebeasy, R.; Abaya, E.; Ricker, R.; Demeules, G.

    Article 1 on Basic Obligations of the Comprehensive Nuclear-Test-Ban Treaty (CTBT) states that: "Each State Party undertakes not to carry out any nuclear weapon test explosion or any other nuclear explosion, and to prohibit and prevent any such nuclear explosion at any place under its jurisdiction or control. Each State Party undertakes, furthermore, to refrain from causing, encouraging, or in any way participating in the carrying out of any nuclear weapon test explosion or any other nuclear explosion." To monitor States Parties compliance with these Treaty provisions, an International Monitoring System (IMS) consisting of 321 monitoring stations and 16 laboratories in some 91 countries is being implemented to cover the whole globe, including its oceans and polar regions. The IMS employs four technologies--seismic, hydroacoustic, infrasound and radionuclide--to detect,locate and identify any seismic event of Richter magnitude 4 and above (equivalent to one kiloton of TNT) that may be associated with a nuclear test explosion. About one-half of this monitoring system is now operational in 67 countries. Monitoring stations send data in near real-time to an International Data Centre (IDC) in Vienna over a Global Communications Infrastructure (GCI) incorporating 10 geostationary satellites plus three satellites in inclined orbits. The satellites relay the data to commercial earth stations, from where they are transferred by terrestrial circuits to the IDC. The IDC automatically processes and interactively analyzes the monitoring data, and distributes the raw data and reports relevant to Treaty verification to National Data Centers in Member States over the same communications network. The GCI will eventually support about 250 thin route VSAT links to the monitoring stations, many of them at remote or harsh locations on the earth, plus additional links to national data centres in various countries. Off-the-shelf VSAT and networking hardware are deployed. This is the

  13. Treaty implementation applied to conventions on nuclear safety

    International Nuclear Information System (INIS)

    Montjoie, Michel

    2015-01-01

    Given that safety is the number one priority for the nuclear industry, it would seem normal that procedures exist to ensure the effective implementation of the provisions of the conventions on nuclear safety, as already exist for numerous international treaties. Unfortunately, these procedures are either weak or even nonexistent. Therefore, consideration must be given to whether this weakness represents a genuine deficiency in ensuring the main objective of these conventions, which is to achieve a high level of nuclear safety worldwide. But, before one can even address that issue, a prior question must be answered: does the specific nature of the international legal framework on nuclear safety automatically result in a lack of non-compliance procedures in international conventions on the subject? If so, the lack of procedures is justified, despite the drawbacks. The specific nature of the international law on nuclear safety, which in 1994 shaped the content of the CNS by notably not 'allowing' (even today) the incorporation of precise international rules have been taken into account. The next step is to examine whether the absence of non-compliance procedures (which could have been integrated into the text) is a hindrance in ensuring the objectives of the conventions on nuclear safety, and to examine the procedures that could have been used, based on existing provisions in other areas of international law (environmental law, financial law, disarmament law, human rights, etc.). International environmental law will be the main source of this study, as it has certain similarities with the international law on nuclear safety due to the sometimes vague nature of its obligations and irrespective of the fact that one of the purposes of nuclear safety is in particular to protect the environment from radiological hazards. Indeed, the provisions of the law on nuclear safety are mainly technical and designed to guarantee the normal operation of nuclear facilities

  14. Constitutionalism and Development in Nigeria: The 1999 Constitution

    African Journals Online (AJOL)

    Fr. Ikenga

    The Nigeria nation has experienced many Constitutional changes since Sir. Frederick Lugard in 1914 to the .... Exclusive for the Federal Government and Concurrent for both Federal and Regional. Residual matters were also left for .... Mechanism for stability in the polity and change of government e. Adoption to economic ...

  15. Time and constitution of sense

    Directory of Open Access Journals (Sweden)

    Pedro Gerardo Acosta

    2014-06-01

    Full Text Available This article proposes a reflection over our time-consciousness under the Phenomenology of Edmund Husserl. The idea is make a release the key role of the sense constitution like the fundament and development of the ongoing intentionality, a shape that make the possibility to catch sight of the sense of every life situation like conscience experience that displays itself over the time, and open the world of the Phenomenon World, constituted in the flux and flow of our live experience. The immanent time in which the things served in a lived-present inevitably displays to its own immediate-past of retentions, then of commemorations, constituting and enabling, not just the sense of ever present, but the sense of our own past like memory and our future like expectative. This reflection is based and supporter over the text “Phenomenology Lesson of the Internal Time-Consiusness” (Husserl, 2002.

  16. Immigration, naturalization and the Constitution.

    Science.gov (United States)

    Vecoli, R J

    1987-03-01

    This essay focuses upon major decisions made by the US government affecting aliens and the constitutional bases for them. These include: 1) the admission and exclusion of aliens, 2) the deportation of aliens, 3) the rights of aliens within the US, and 4) naturalization and denaturalization. The recourse to the extra-constitutional doctrine of sovereignty by the Supreme Court was the source of the plenary power of the Congress over immigration, thus denying the authority of the judiciary to extend the guarantees of due process of law and the equal protection of the law to aliens. The courts in the last 2 decades have assumed a more activist posture with respect to the rights of aliens, extending a greater degree of constitutional protection to the security of acquired citizenship and to the rights of due process and equal protection of foreigners, even to undocumented aliens.

  17. Constitutional Analysis of Intellectual Property

    Directory of Open Access Journals (Sweden)

    AJ van der Walt

    2014-04-01

    Full Text Available This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1 of the Bill of Rights. This is done by examining the Constitutional Court’s dicta relating to the meaning of deprivation and how these inform the meaning of property in the constitutional context. The methodology that the Constitutional Court has formulated to assess if state interference complies with the provisions of section 25 is explained to show the type of state regulation that has been found legitimate. We then consider how this understanding of constitutional property and the state’s legitimate exercise of its inherent police power interact in the setting of intellectual property by contrasting the various policy objectives underlying the different statutory regimes governing intellectual property. This theoretical analysis is then applied to two contemporary examples of feasible state interference with existing intellectual property interests, namely the proposed plain packaging measures which severely restrict the use of tobacco trade marks, and a fair dealing exception allowing the use of copyright works for the purpose of parody. These examples serve to illustrate the context and manner in which intellectual property interests may come before the Court and the necessary differentiation with which these interests should be treated. The appropriate judicial assessment of the true impact that state action could have on vested property interests is explained and contrasted with the balancing exercise that is employed at the earlier stage of policy making. This discussion is concluded by highlighting some of the interpretational issues that will arise and how some constitutional values could be curtailed in the absence of legislative intervention.

  18. INNOVATIONS AND CHANGES BROUGHT BY THE LISBON TREATY:THE SOCIAL ASPECT

    Directory of Open Access Journals (Sweden)

    Abdulla Azizi

    2011-07-01

    Full Text Available The Lisbon Treaty is an attempt to overcome the difficulties faced in thefunctioning of previous treaties of the European Union. It aims, through itsprovisions, at offering better opportunities for action including the social scope,but the inter-governmental nature of decision-making continues to prevail.This paper focuses on provisions for social policyin the Lisbon Treaty andimportant changes that deal with reforms in this field. More concretely, theobjective of this paper is to emphasize the most important social aspects of theTreaty in question.Social policy has been qualified as a common competence of the EU and memberstates (article 4b. The EU has to undertake measures to assure the coordination ofemployment policies of member states and to initiate the coordination of socialpolicies of member states.This paper analyzes the provisions that deal with employment, social dialog,consultations between employees and employers, child protection, as well as othersegments of social policy.

  19. Role of Relatively Small-Scale Logistics Contributions in North Atlantic Treaty Organization Operations

    National Research Council Canada - National Science Library

    Bernotas, Vaidas

    2005-01-01

    In the North Atlantic Treaty Organization (NATO), an entity of 26 member countries, logistics support to operations is challenged by a limited number of countries that are contributing logistics capabilities...

  20. 75 FR 67948 - Proposed Information Collection; Comment Request; U.S.-Canada Albacore Treaty Reporting System

    Science.gov (United States)

    2010-11-04

    ... Information Collection; Comment Request; U.S.-Canada Albacore Treaty Reporting System AGENCY: National Oceanic... and submit a logbook of all catch and fishing effort. The regulations implementing the reporting and...

  1. The Non-Proliferation Treaty: Fifteen years after entry into force

    International Nuclear Information System (INIS)

    1985-01-01

    The need to halt a wider spread of nuclear weapons grew out of the realization that the increase in the number of countries possessing such weapons would increase the threat to world security. As the Treaty on the Non-Proliferation of Nuclear Weapons clearly states in its preamble, the proliferation of nuclear weapons would seriously enhance the danger of nuclear war. The Treaty - also known as the non-proliferation Treaty - was concluded in 1968, at a time when there were already five nuclear-weapon Powers: the United States, the Soviet Union, the United Kingdom, France and China. This fact sheet is intended to provide background material on the Treaty, including the events that led to its conclusion, an overview of its provisions and the developments at the two previously held Review Conferences

  2. Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Tribal Treaty Rights

    Science.gov (United States)

    Interagency Memorandum of Understanding (MOU) affirming protection of tribal treaty rights and similar tribal rights relating to natural resources when federal action is taken. It will be updated as additional federal agencies become signatories.

  3. Towards the fourth review conference of the Non-Proliferation Treaty in 1990

    International Nuclear Information System (INIS)

    1989-01-01

    This publication focuses on the background of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), its main provisions and some of the major issues discussed at the three conferences that have thus far been held to review the operation of the Treaty. A fourth conference to review the operation of the Treaty will be held at Geneva from 20 August to 14 September 1990. It will be the last regular review conference before the convening, in 1995, of a conference which will ''decide whether the Treaty shall continue in force indefinitely or shall be extended for an additional fixed period or periods'' (article X, para.2). A Preparatory Committee (open to all parties) for the Fourth Review Conference has been established by the parties to the NPT, and 95 parties attended the first session, held in New York from 1 to 5 May 1989

  4. The Fiscal Governance Treaty - the Recent Act in the European Play

    Directory of Open Access Journals (Sweden)

    Monica SUSANU

    2012-11-01

    Full Text Available The new paradigm that affects the current doctrine is particularly focused on building a strong community and it is also motivated by the intention of saving the Lisbon Treaty with its establishing the European Constitution. In the series of the numerous leading up steps required to achieve this goal, approaches the studies on the concept of sovereignty are necessary for clarification, given that in this way only the Union can be setup as a person - on the one hand, and - on the other hand, this is the basis of ensuring coherence between European political order and sovereignty / autonomy of national institutions. Bitter experiences of radical nationalism which culminated in the disasters of the Second World War led to the conceptual reconfiguration of the sovereignty, gradually replaced with a new expression, the super nationalism. Moreover, in order to hindering the possible future recurrence and the temptation to concentrate all the available powers at certain national governments’ disposal only, a comprehensive course of division of sovereignty was designed, as an optimal strategic alternative in ensuring the durability and sustainability of the European federalist model. In terms of economic integration and trade globalization, the taxation of a state has a rapid impact on another state, so that the rapprochement of the global tax policy, as well as the need to harmonize tax systems across countries are increasingly spoken about. Although that these measures can upset all tax systems deeply changing the approaches regarding both fiscal and political states’ sovereignty, in the current situation, such an unforeseen development is inherent. Therefore, each step meant to approach the full integration of the community raises special efforts for consensus actions and strongly motivated as well, by a very special interest at the highest level of the macroeconomic and political decision.

  5. The Non-Proliferation Treaty of Nuclear Weapons (NPT) and the insertion of the Brazilian State in its regime

    International Nuclear Information System (INIS)

    Silva, Marcos Valle Machado da

    2010-01-01

    The issue of nuclear weapons continues to appear as a focal point of International Relations. The efforts and concrete actions on disarmament, non-proliferation, and nuclear arms control are still issues that generate recurring tensions between States. However, in Brazil, there is little analysis of an academic nature about these issues and, with respect to current and prospective position of the Brazilian State in the Nuclear Weapons Non- Proliferation Regime, studies and analysis are even more scarce, or incipient. The present dissertation has as its object of study to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Regime arisen from NPT, and the Brazilian State insertion process in this Regime. Therefore our research work is structured in three areas: the first one is about the role of nuclear weapons in States security perception, the second is about NPT and its Regime, the third runs over the insertion of the Brazilian state in this regime. So, in summary, the research performed included the reasons that make a State to develop nuclear weapons, the NPT genesis and evolution of the perception of the meaning of that Treaty by the States, and the process and the degree of insertion of Brazil in the Nuclear Weapons Non- Proliferation Regime. The inquiry sought to place this object of study in the broader debate on Foreign Relations, based on the approaches of the discipline devoted to the question of managing the security of States, id est, the two approaches that constitute the mainstream of the discipline: the perspective theoretical liberal (and neoliberal variants) and realistic thinking (and neo-realist). Thus, we have used different theoretical lenses, which we think necessary for understanding the specific parts and causal connections between these parts of a complex issue. (author)

  6. Treaty on the Non-Proliferation of Nuclear Weapons. Notification of the Entry into Force

    International Nuclear Information System (INIS)

    1970-01-01

    By letters addressed to the Director General on 5, 6 and 20 March 1970 respectively, the Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Union of Soviet Socialist Republics, which are designated as the Depository Governments in Article IX. 2 of the Treaty on the Non-Proliferation of Nuclear Weapons, informed the Agency that the Treaty had entered into force on 5 March 1970 [es

  7. Russian Compliance with the Intermediate Range Nuclear Forces (INF) Treaty: Background and Issues for Congress

    Science.gov (United States)

    2017-01-27

    missiles as a response to challenges it faces from NATO’s advanced conventional capabilities, especially as NATO has enlarged eastward into nations...Congressional Research Service 19 emphasized that Russia views NATO enlargement as a key threat to its security, they have also highlighted the need for...INF) Treaty in December 1987. Negotiations on this treaty were the result of a “dual-track” decision taken by NATO in 1979. At that time, in

  8. South Pacific Nuclear Free Zone Treaty Act 1986 - No. 140 of 1986

    International Nuclear Information System (INIS)

    1986-01-01

    The purpose of this Act is to give effect to Australia's obligations as a Party to the South Pacific Nuclear Free Zone Treaty of 6 August 1985. The Act is supplemented by the provisions of the Environment Protection (Sea Dumping) Act 1981 as amended in 1986 as regards dumping of radioactive material into the sea. The Act repeats the substantive provisions of the Treaty and lays down prohibitions in relation to nuclear explosive devices. (NEA) [fr

  9. Treaty on the Non-Proliferation of Nuclear Weapons. Notification of the Entry into Force

    International Nuclear Information System (INIS)

    1970-04-01

    By letters addressed to the Director General on 5, 6 and 20 March 1970 respectively, the Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Union of Soviet Socialist Republics, which are designated as the Depository Governments in Article IX. 2 of the Treaty on the Non-Proliferation of Nuclear Weapons, informed the Agency that the Treaty had entered into force on 5 March 1970

  10. Treaty on the Non-Proliferation of Nuclear Weapons. Notification of the Entry into Force

    International Nuclear Information System (INIS)

    1970-01-01

    By letters addressed to the Director General on 5, 6 and 20 March 1970 respectively, the Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Union of Soviet Socialist Republics, which are designated as the Depositary Governments in Article IX. 2 of the Treaty on the Non-Proliferation of Nuclear Weapons, informed the Agency that the Treaty had entered into force on 5 March 1970 [ru

  11. Treaty on the Non-Proliferation of Nuclear Weapons. Notification of the Entry into Force

    International Nuclear Information System (INIS)

    1970-01-01

    By letters addressed to the Director General on 5, 6 and 20 March 1970 respectively, the Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Union of Soviet Socialist Republics, which are designated as the Depository Governments in Article IX. 2 of the Treaty on the Non-Proliferation of Nuclear Weapons, informed the Agency that the Treaty had entered into force on 5 March 1970

  12. Treaty on the Non-Proliferation of Nuclear Weapons. Notification of the Entry into Force

    International Nuclear Information System (INIS)

    1986-10-01

    By letters addressed to the Director General on 5, 6 and 20 March 1970 respectively, the Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Union of Soviet Socialist Republics, which are designated as the Depository Governments in Article IX. 2 of the Treaty on the Non-Proliferation of Nuclear Weapons, informed the Agency that the Treaty had entered into force on 5 March 1970

  13. Accounting and international relations:Britain, Spain and the Asiento treaty

    OpenAIRE

    Carmona, S.; Donoso, R.; Walker, S.P.

    2010-01-01

    The boundaries between accounting and law are contingent on time-space intersections. Here, these margins are explored in the realm of international relations by focusing on the Asiento, an 18th century treaty granting Britain the monopoly to trade slaves with the Spanish American colonies. Although a relatively minor concern of treaty-makers, noncompliance with provisions of the Asiento by the South Sea Company placed accounting centre stage in conflicts between Britain and Spain. In combina...

  14. The migratory bird treaty and a century of waterfowl conservation

    Science.gov (United States)

    Anderson, Michael G.; Alisauskas, Ray T.; Batt, Bruce D. J.; Blohm, Robert J.; Higgins, Kenneth F.; Perry, Matthew; Ringelman, James K.; Sedinger, James S.; Serie, Jerome R.; Sharp, David E.; Trauger, David L.; Williams, Christopher K.

    2018-01-01

    In the final decades of the nineteenth century, concern was building about the status of migratory bird populations in North America. In this literature review, we describe how that concern led to a landmark conservation agreement in 1916, between the United States and Great Britain (on behalf of Canada) to conserve migratory birds shared by Canada and the United States. Drawing on published literature and our personal experience, we describe how subsequent enabling acts in both countries gave rise to efforts to better estimate population sizes and distributions, assess harvest rates and demographic impacts, design and fund landscape-level habitat conservation initiatives, and organize necessary political and regulatory processes. Executing these steps required large-scale thinking, unprecedented regional and international cooperation, ingenuity, and a commitment to scientific rigor and adaptive management. We applaud the conservation efforts begun 100 years ago with the Migratory Bird Treaty Convention. The agreement helped build the field of wildlife ecology and conservation in the twentieth century but only partially prepares us for the ecological and social challenges ahead. 

  15. Traditional Land Rights before the Indonesian Constitutional Court - Comment

    Directory of Open Access Journals (Sweden)

    Simon Butt

    2014-06-01

    Full Text Available In early 2013, the Indonesian Constitutional Court handed down its decision in the Traditional Forest Community case. In what has been heralded as a landmark decision, the Court upheld, as constitutional rights, the traditional rights of indigenous communities over forest resources upon which they had long depended. After introducing the Court and discussing aspects of its decision-making in constitutional review cases, this article demonstrates that the Traditional Forest Community case is in fact only the latest in a line of cases in which the Court has upheld traditional rights in the face of legislation that purport to allow the state to override them. In these cases, Court has provided important constitutional recognition to these traditional rights. However, its decisions do not appear to have cleared significant administrative stumbling blocks that remain in the way of communities seeking to enjoy the traditional rights to which they are now constitutionally entitled.

  16. Verification of a Fissile Material Cut-off Treaty (FMCT): The Potential Role of the IAEA

    International Nuclear Information System (INIS)

    Chung, Jin Ho

    2016-01-01

    The objective of a future verification of a FMCT(Fissile Material Cut-off Treaty) is to deter and detect non-compliance with treaty obligations in a timely and non-discriminatory manner with regard to banning the production of fissile material for nuclear weapons or other nuclear devices. Since the International Atomic Energy Agency (IAEA) has already established the IAEA safeguards as a verification system mainly for Non -Nuclear Weapon States (NNWSs), it is expected that the IAEA's experience and expertise in this field will make a significant contribution to setting up a future treaty's verification regime. This paper is designed to explore the potential role of the IAEA in verifying the future treaty by analyzing verification abilities of the Agency in terms of treaty verification and expected challenges. Furthermore, the concept of multilateral verification that could be facilitated by the IAEA will be examined as a measure of providing a credible assurance of compliance with a future treaty. In this circumstance, it is necessary for the IAEA to be prepared for playing a leading role in FMCT verifications as a form of multilateral verification by taking advantage of its existing verification concepts, methods, and tools. Also, several challenges that the Agency faces today need to be overcome, including dealing with sensitive and proliferative information, attribution of fissile materials, lack of verification experience in military fuel cycle facilities, and different attitude and culture towards verification between NWSs and NNWSs

  17. Verification of a Fissile Material Cut-off Treaty (FMCT): The Potential Role of the IAEA

    Energy Technology Data Exchange (ETDEWEB)

    Chung, Jin Ho [Korea Institute of Nuclear Nonproliferation and Control, Daejeon (Korea, Republic of)

    2016-05-15

    The objective of a future verification of a FMCT(Fissile Material Cut-off Treaty) is to deter and detect non-compliance with treaty obligations in a timely and non-discriminatory manner with regard to banning the production of fissile material for nuclear weapons or other nuclear devices. Since the International Atomic Energy Agency (IAEA) has already established the IAEA safeguards as a verification system mainly for Non -Nuclear Weapon States (NNWSs), it is expected that the IAEA's experience and expertise in this field will make a significant contribution to setting up a future treaty's verification regime. This paper is designed to explore the potential role of the IAEA in verifying the future treaty by analyzing verification abilities of the Agency in terms of treaty verification and expected challenges. Furthermore, the concept of multilateral verification that could be facilitated by the IAEA will be examined as a measure of providing a credible assurance of compliance with a future treaty. In this circumstance, it is necessary for the IAEA to be prepared for playing a leading role in FMCT verifications as a form of multilateral verification by taking advantage of its existing verification concepts, methods, and tools. Also, several challenges that the Agency faces today need to be overcome, including dealing with sensitive and proliferative information, attribution of fissile materials, lack of verification experience in military fuel cycle facilities, and different attitude and culture towards verification between NWSs and NNWSs.

  18. The de-nuclearization of Latin America: 40 years of the Tlatelolco Treaty

    International Nuclear Information System (INIS)

    Ornstein, Roberto M.

    2007-01-01

    The 14 of February of 1967, in the Palace of Tlatelolco, the brand-new seat of the Mexican Ministry of Foreign Affairs, significantly located in the Square of the Three Cultures in Mexico City, was carried out the solemn approval and the opening to the signature of the 'Treaty for the De-nuclearization of Latin America' (later 'and of the Caribbean') known as the Treaty of Tlatelolco. The Treaty is the binding international legal instrument that created the first zone free of nuclear weapons in the world, with the exception of the inhabited Antarctica It is recognized for this reason by the international community as a milestone in the matter of non proliferation of nuclear weapons (it preceded the 'Non Proliferation of Nuclear Weapons Treaty' or NPT) and has been the example and inspiration for the other de-nuclearized zones in the planet. The present paper tries to rescue the ups and downs of the arduous negotiation and to analyze the distinctive characteristics of the Treaty and their later evolution. The successive position assumed by our country in relation to the Treaty are also analyzed. (author) [es

  19. Towards a global climate constitution

    NARCIS (Netherlands)

    Weikard, H.P.

    2011-01-01

    In this paper my concern is the study of the incentives of individual countries to sign an international climate agreement that sets the terms of a climate constitution, that is, it establishes emission rights and rules for trading these rights to combat the climate problem effectively and

  20. The Constitutive Power of Twitter

    DEFF Research Database (Denmark)

    Albu, Oana Brindusa; Etter, Michael Andreas

    organizations. The analysis illustrates how specific Twitter interactions, i.e., hashtags, become hypertexts—a type of authoritative texts—which simultaneously constitute an organizational actor or act as a pastiche of it. The study contributes to extant research by illustrating how hypertextuality...

  1. Unconstitutional constitutional amendments in Ethiopia: the practice ...

    African Journals Online (AJOL)

    Such constitutional provisions serve to confine the power to amend the constitution within the prescribed legal requirements as well as help to control arbitrary changes to the constitution, which consequently promotes constitutionalism within the country. The FDRE Constitution has been amended twice within these twenty ...

  2. Accountability for the human right to health through treaty monitoring: Human rights treaty bodies and the influence of concluding observations.

    Science.gov (United States)

    Meier, Benjamin Mason; De Milliano, Marlous; Chakrabarti, Averi; Kim, Yuna

    2017-11-04

    Employing novel coding methods to evaluate human rights monitoring, this article examines the influence of United Nations (UN) treaty bodies on national implementation of the human right to health. The advancement of the right to health in the UN human rights system has shifted over the past 20 years from the development of norms under international law to the implementation of those norms through national policy. Facilitating accountability for this rights-based policy implementation under the right to health, the UN Committee on Economic, Social and Cultural Rights (CESCR) monitors state implementation by reviewing periodic reports from state parties, engaging in formal sessions of 'constructive dialogue' with state representatives, and issuing concluding observations for state response. These concluding observations recognise the positive steps taken by states and highlight the principal areas of CESCR concern, providing recommendations for implementing human rights and detailing issues to be addressed in the next state report. Through analytic coding of the normative indicators of the right to health in both state reports and concluding observations, this article provides an empirical basis to understand the policy effects of the CESCR monitoring process on state implementation of the right to health.

  3. Valuation In The Constitutional Era

    Directory of Open Access Journals (Sweden)

    Elmien du Plessis

    2015-12-01

    Full Text Available The Constitution brought about a new compensation regime for expropriations. Compensation for expropriation must now be "just and equitable". Whereas before the Constitution came into force market value played a central role in compensation for expropriation, market value is now only one factor or aspect of compensation that the court needs to take into account. Yet we find that courts tend to focus on market value and to still employ the valuation methods used to calculate market value. This article argues that the methods used to calculate the market value, once thought to be objective, are not as objective as was believed. While it is impossible to give judges specific tools for the assessment of market value, this article provides guidelines on how the calculation of compensation should be approached.

  4. [Women, gender, and the Constitution].

    Science.gov (United States)

    1993-12-01

    Although all the constitutions of Latin America directly or indirectly acknowledge the juridical equality of the sexes, these patriarchal societies continue to maintain institutional power in male hands and to neutralize legal actions favoring women. International instruments such as the Convention on Elimination of All Forms of Discrimination Against Women, approved by the UN in 1979, have given a firmer basis to policies and actions to improve the status of women. Obstacles to full equality of Latin American women are rooted in economic and sociopolitical factors, but lack of true political will also plays a significant role. A number of new laws in the past several years as well as the new Constitution have improved the legal position of Colombian women. The new Constitution recognizes fundamental rights that may be claimed directly before a judge, and social, economic, and collective rights requiring legislative development. Article 43 of the new Constitution states that women will not be subjected to any form of discrimination. Another norm states that women will enjoy special assistance and protection before and after childbirth, in recognition of the social functions of maternity. Article 43 also states that women who are heads of households will receive special assistance, but the corresponding regulations have not yet been promulgated. The mechanism of tutelage has become an important recourse that has been used in several cases in which fundamental rights of women have been violated or threatened because of their sex. The order of tutelage has been used in cases of adolescents expelled from school for pregnancy and of abused wives, as well as to force recognition of the social and economic contributions of housework.

  5. Constitutional collisions of criminal law

    Directory of Open Access Journals (Sweden)

    Sergey M. Inshakov

    2016-12-01

    Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.

  6. Impediments to enforcement of environmental treaties against oil ...

    African Journals Online (AJOL)

    Land degradation endangers the lives of millions of people. This is the world today.' Unfortunately, despite oil's significance to the world's economy, pollution arising from it has constituted one of the major sources of the global environments' degradation. To address the threat posed by oil pollution to the global environment, ...

  7. Comparative Constitutional Law, Urban Development and Housing Rights

    Directory of Open Access Journals (Sweden)

    Wellington Migliari

    2016-05-01

    Full Text Available According to comparative law method, the present article delves into the urban ques- tion regarding the right to housing in conflict with the private property system in two dif- ferent constitutional realities under strong singular interpretations (ACKERMAN, 1977, p. 168-169; MACPHERSON, 2012, p. 125-126. Taking into consideration the justice of São Paulo State in Brazil defending a property lacking its social function and the Spanish executive power in approving local decrees to sell protected state houses, we compare the cases of Pinheirinho eviction and Madrid government negotiating dwellings with some relevant legal aspects. The city should be for those who live in it and construct it (BREN- NER; MARCUSE; MAYER, 2012. There are two judges and two different sentences that are pointed out observing contrasts for the same dispute. The decisions for the cases invol- ve vulnerable homeless collectives that should be defended by all means with constitutio- nal interpretations and with the help of international treaties ratified by both countries.

  8. ''Brexit means Brexit''. Also a British withdrawal of the EURATOM treaty?

    International Nuclear Information System (INIS)

    Feldmann, Ulrike

    2016-01-01

    In a referendum on 23 June 2016, 51.9 % of the British voters decided to leave the EU. The question did not include explicitly the exit from the EURATOM Treaty (EAV). Since the 2009 Lisbon Treaty the Euratom Community is a supranational organisation of the new EU. This raises the question whether the exit of Britain from the EU also means an exit from the Euratom treaty.

  9. 75 FR 57835 - Constitution Day and Citizenship Day, Constitution Week, 2010

    Science.gov (United States)

    2010-09-22

    ... Part II The President Proclamation 8562--Constitution Day and Citizenship Day, Constitution Week... Constitution Day and Citizenship Day, Constitution Week, 2010 By the President of the United States of America... journey. On Constitution Day and Citizenship Day, and during Constitution Week, we commemorate the legacy...

  10. 32 CFR 536.42 - Constitutional torts.

    Science.gov (United States)

    2010-07-01

    ... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.42 Constitutional torts. A claim for violation of the U.S. Constitution does not constitute a state tort and is not cognizable under... 32 National Defense 3 2010-07-01 2010-07-01 true Constitutional torts. 536.42 Section 536.42...

  11. The problem of the international balance of power and the Non-Proliferation Treaty

    International Nuclear Information System (INIS)

    Herrmann, R.S.W.

    1973-01-01

    The Non-Proliferation Treaty is a product of specific developments in the cold war; therefore, only if regarded from a very limited point of view, its problems are of an international or technical nature. The problem of the Non-Proliferation Treaty lies thus in the nature of antagonistic relations which determine the relationship between the USA and the UdSSR most specifically, the same as with the relationship between the states in a regional crisis. To the same extent to which the Non-Proliferation Treaty ought to limit the regulations of this strategic equilibrium (and the provision of these regulations) to the nuclear powers - and strictly speaking only to the two global antagonists - has this Treaty itself become the driving power for the proliferation of regulated deterrence mechanisms; in other words, the Non-Proliferation Treaty controls the political effectiveness of nuclearization potentials without interpreting this effectiveness itself. As a matter of fact, the problem of the regional status quo outside the alliance relations, seems to have become also a problem of nuclear deterrence. (orig./LN) [de

  12. Treaties to avoid international double income taxation and their relation with investments involving Brazil

    Directory of Open Access Journals (Sweden)

    Jônatas de Pessoa Alburquerque Martins

    2014-11-01

    Full Text Available To fight against fiscal evasion and facilitate the investment flow, the countries close agreements to go against double income taxation. This study aims to investigate the impact of the treaties to avoid double income taxation on the direct foreign investment relations of Brazil. The analysis included 162 countries and jurisdictions with which investments transactions were closed that originated or were received in Brazil, between 2005 and 2011. The panel data analysis technique was applied through the selection of six independent variables, in order to verify the behavior of the double taxation treaties in view of the investments. Through the estimated model, it was verified that these treaties had a positive and statistically significant impact – when compared to earlier studies – on the direct foreign investment volume. When dividing the sample between the investments received and made in Brazil, a greater increase was identified in the direct foreign investments received (130.1% than in the investments made (76.9%, although this was the variable with the second largest positive impact in the model. In conclusion, exclusively in the Brazilian context, the international double income taxation is a relevant factor in the investment decision, as the presence of treaties to guarantee the investors in the receipt of revenues without double taxation substantially increases the investment flow. This study differs from earlier research by the sample that only contains treaties in force in Brazil.

  13. A Communicatively Constituted Online Crisis

    DEFF Research Database (Denmark)

    Valentini, Chiara; Romenti, Stefania; Kruckeberg, Dean

    2017-01-01

    into specific public crisis perceptions. Drawing from a communicative constitution perspective, the authors argue that if crises are perceptions or experiences of difficult situations that exceed a person’s current resources and coping mechanisms, and if perceptions and experiences in social media are typically......This chapter presents a theoretical proposition that could serve as foundation to explain how people become aware, develop an understanding, and create meanings about specific critical situations through social media conversations and how, eventually, these transform critical situations...... in social media....

  14. Essence and constitution in Zubiri

    Directory of Open Access Journals (Sweden)

    Alfonso Gómez Fernández

    2015-03-01

    Full Text Available The aim of this article is to expound Zubiri’s concept of essence and to begin a critical discussion and evaluation of his proposal. Before explaining what essence is, it is necessary to observe that, for our author, not all things have an essence: only «reality-things» but not «meaning-things» form part of the «essentiable domain». This distinction between «reality-things» and «meaning-things» supposes a new conception of nature. (Nature is not the opposite of the artificial, as the Greek term physis is.«Reality-things» form a constitutional and «closed» system of non-causal and non-«external» characteristics or traits. These «foundational characteristics» of constitution, then, are precisely the essence. The article discusses critically the assumptions of this doctrine (reality, ontological pluralism, foundation and its possible limits in the light of contemporary science. It can be a useful theory for the philosophy of language.

  15. Criminal law policy of Latvia in the context of European Union: The treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Vilks A.

    2012-10-01

    Full Text Available The article is devoted to the analysis of the content of EU Treaty of Lisbon, which deals with ensurance of freedom, security and justice in the joint European space. The Treaty of Lisbon describes the attempts of the European Union to ensure a high security level to prevent and fight crime, rasism and xenophobia, to develop particular measures of coordination and cooperation between police and judicial authorities and other competent authorities for their further development, as well as for the mutual recognition of judgements in criminal matters. Correspondingly, the implementation of the requirements of the Treaty of Lisbon identifies the need to form an adequate national criminal law policy in our country as well.

  16. Unilateral US Withdrawal from the ABM Treaty of 1972 and its Global Consequences

    Directory of Open Access Journals (Sweden)

    Alexey Sergeevich Butorov

    2016-12-01

    Full Text Available The author analyzes the origins and reasons for the termination of the US operations of the Soviet-American ABM Treaty in 1972 based on a study in the Archives of the Russian Federation's foreign policy documents, as well as the US Congress materials, traced the evolutionary path of unilateral withdrawal from the American side agreements. The article notes that for three decades was carried out in relation to the Soviet-American agreements on limiting missile defense systems in 1972 a policy of double standards. Declaring in words their commitment to the fundamental principles of the treaty, in practice, the United States all these years set the stage for a unilateral withdrawal from the contract. Particularly emphasized that the denunciation of Washington in 2001 ABM Treaty is the cornerstone of strategic stability and security in the world, it became the starting point for the deployment of the US global missile defense system.

  17. Treaties against nuclear terrorism. The global legal framework can make a difference

    International Nuclear Information System (INIS)

    Johnson, L.D.

    2002-01-01

    Two international treaties, one being drafted and the other already on the books, specifically address nuclear terrorism. The first Treaty known as the Convention on the Physical Protection of Nuclear Material was adopted in 1980 under auspices of the IAEA. The second Treaty for the Suppression of Acts of Nuclear Terrorism is being drafted as part of the UN global campaign against terrorism. Both could require that specific measures be taken worldwide to protect and secure nuclear facilities from terrorist attack and sabotage. But neither one does. Efforts to include such requirements, before the terrorist attacks of 11 September 2001, have not borne fruit. Now, in the wake of lessons learned, is the time to revive and support them

  18. Radionuclide observables during the Integrated Field Exercise of the Comprehensive Nuclear-Test-Ban Treaty.

    Science.gov (United States)

    Burnett, Jonathan L; Miley, Harry S; Milbrath, Brian D

    2016-03-01

    In 2014 the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) undertook an Integrated Field Exercise (IFE14) in Jordan. The exercise consisted of a simulated 0.5-2 kT underground nuclear explosion triggering an On-site Inspection (OSI) to search for evidence of a Treaty violation. This research paper evaluates two of the OSI techniques used during the IFE14, laboratory-based gamma-spectrometry of soil samples and in-situ gamma-spectrometry, both of which were implemented to search for 17 OSI relevant particulate radionuclides indicative of nuclear explosions. The detection sensitivity is evaluated using real IFE and model data. It indicates that higher sensitivity laboratory measurements are the optimum technique during the IFE and within the Treaty/Protocol-specified OSI timeframes. Copyright © 2016 Elsevier Ltd. All rights reserved.

  19. The Text of the Agreement between Mexico and the Agency for the Application of Safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2011-01-01

    The text of the Agreement between Mexico and the Agency for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members

  20. The Text of the Agreement between Mexico and the Agency for the Application of Safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2011-01-01

    The text of the Agreement between Mexico and the Agency for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members [fr

  1. The Text of the Agreement between Mexico and the Agency for the Application of Safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    1973-01-01

    The text of the Agreement between Mexico and the Agency for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members

  2. The Text of the Agreement between Mexico and the Agency for the Application of Safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2011-01-01

    The text of the Agreement between Mexico and the Agency for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members [es

  3. Unborn children as constitutional persons.

    Science.gov (United States)

    Roden, Gregory J

    2010-01-01

    In Roe v. Wade, the state of Texas argued that "the fetus is a 'person' within the language and meaning of the Fourteenth Amendment." To which Justice Harry Blackmun responded, "If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be guaranteed specifically by the Amendment." However, Justice Blackmun then came to the conclusion "that the word 'person,' as used in the Fourteenth Amendment, does not include the unborn." In this article, it is argued that unborn children are indeed "persons" within the language and meaning of the Fourteenth and Fifth Amendments. As there is no constitutional text explicitly holding unborn children to be, or not to be, "persons," this argument will be based on the "historical understanding and practice, the structure of the Constitution, and thejurisprudence of [the Supreme] Court." Specifically, it is argued that the Constitution does not confer upon the federal government a specifically enumerated power to grant or deny "personhood" under the Fourteenth Amendment. Rather, the power to recognize or deny unborn children as the holders of rights and duties has been historically exercised by the states. The Roe opinion and other Supreme Court cases implicitly recognize this function of state sovereignty. The states did exercise this power and held unborn children to be persons under the property, tort, and criminal law of the several states at the time Roe was decided. As an effect of the unanimity of the states in holding unborn children to be persons under criminal, tort, and property law, the text of the Equal Protection Clause of the Fourteenth Amendment compels federal protection of unborn persons. Furthermore, to the extent Justice Blackmun examined the substantive law in these disciplines, his findings are clearly erroneous and as a whole amount to judicial error. Moreover, as a matter of procedure, according to the due process standards recognized in

  4. Under fire: Is the world's treaty against the spread of nuclear weapons strong enough?

    International Nuclear Information System (INIS)

    Klerk, P. de

    2003-01-01

    Fifteen years into the 'atoms for peace' era, Ireland in 1968 took the historic first step to sign the global treaty against tile spread of nuclear weapons. Since then, more than 180 other countries without nuclear weapons have joined the pact, most of them during the cold war period. They see their security in not having (lie bomb, and bind themselves to work for nuclear disarmament everywhere. Their shared commitments make the global Treaty on the Non-Proliferation of Nuclear Weapons (NPT) the most accepted arms-control agreement in history, a cornerstone of nuclear cooperation, countries that join it renounce the military atom, and they must accept IAEA safeguards on their nuclear activities to verify it. But the Treaty is under fire, and some critics think it no longer fits the times. They say it cannot prevent Treaty countries from breaking out at will, or ensure that those having nuclear ambitions or arsenals are actually honouring their pledges. Neither has it attracted three key countries - India and Pakistan, which have tested atomic bombs, and Israel, which is suspected of having them - to its ranks of members. Not everyone agrees that the NPT is outdated. But it is clear that the Treaty and its associated regime are under stress, and that its fragile condition needs urgent care. The debate is important and timely - the Treaty comes up for international review in 2005 and countries already are preparing for it. A major question today is whether the NPT is strong enough to keep the lid on nuclear weapons in the world's changed security environment. A former senior official at the IAEA looks at the challenging picture

  5. Extraction of DNA from Skeletal Remains.

    Science.gov (United States)

    Edson, Suni M; McMahon, Timothy P

    2016-01-01

    Acquisition of DNA from skeletal remains can be a delicate process. With the advent of improved extraction buffers that provide complete demineralization of the osseous materials, extraction of total genomic DNA from nearly any skeletal element is possible. This chapter describes both traditional organic and more newly developed inorganic extraction methods for fresh and dried skeletal remains.

  6. EDITORIAL MALARIA DIAGNOSIS Malaria remains the most ...

    African Journals Online (AJOL)

    hi-tech

    2005-03-02

    Mar 2, 2005 ... Malaria remains the most significant parasitic disease affecting man. Prompt and accurate diagnosis of malaria is the key to cost effective management (1). Since the identification of Plasmodium parasites in human blood in 1880, the diagnosis of malaria has remained a hot bed of scientific discussion.

  7. Constitution of the Communication Field

    Directory of Open Access Journals (Sweden)

    José Luiz Braga

    2011-04-01

    Full Text Available The article seeks to clarify key points to characterize the field of communication studies – its possible formation as a discipline of knowledge, the question of interdisciplinarity; perspectives related to the objects of study, emphasizing the angle of “social interaction” and the theme of “media”; the problem of sharing the study of communication phenomena with other humanities and social sciences, the question of the constitution of the field, in its internal diversity, and the relationship between the phenomenon and sociocultural contexts. Each of these aspects is addressed in two stages – as perceived in the first article appeared, in 2001, and notes included now, seeking to clarify further perceptions occurring in the period.

  8. CONSTITUTIONAL LANDMARKS OF POLITICAL PLURALISM

    Directory of Open Access Journals (Sweden)

    ERHARD NICULESCU

    2013-05-01

    Full Text Available In order for democracy to result from freedom, the citizens’ participation in the creation and exercise of democratic power must be structured in a pluralist way. Art. 8(1 of the Romanian Constitution firstly imposes the organization of the company in parallel with the State’s organic structure as an indispensable requisite for the existence of democracy. In other words, there is no democracy without a civil society, distinct from the State. The organization of the civil society is necessary because the individual alone cannot determine a certain attitude of the political power: structuring gives weight to the action; the organization of citizens contributes to rendering their political participation more efficient. But the organization, structuring limits the freedom of people adhering to the structure.

  9. Tratados internacionais em matéria tributária e sua relação com o direito interno no Brasil The impact of the international treaties on tax law on the Brazilian law

    Directory of Open Access Journals (Sweden)

    Gustavo Mathias Alves Pinto

    2008-06-01

    Full Text Available Este artigo tem como objetivo apresentar os principais aspectos a respeito do tratamento oferecido aos tratados internacionais em matéria tributária no ordenamento jurídico brasileiro. Para tal, o artigo analisa as características desses tratados enquanto fonte de direito internacional, seu posicionamento hierárquico perante a constituição federal e legislação infraconstitucional, bem como a jurisprudência mais relevante a respeito da matéria. Ao final, pretende-se demonstrar que, nos casos específicos sobre os quais tais instrumentos versarem, estes prevalecem sobre o ordenamento interno em razão do princípio da autolimitação da soberania no tocante à imposição tributária.The following article presents the main aspects of the interaction between tax treaties and national law within the brazilian legal system. The article analyses the characteristics of such treaties as sources of international law, their hierarchy before the constitution and legislation, as well as the relevant jurisprudence on the subject. The article aims at demonstrating that, regarding the specific situations addressed in its body, the tax treaty takes precedence over the national law, based on the principle of selflimitation of taxation power.

  10. Comprehensive Nuclear-Test-Ban Treaty: Science and Technology 2011 (S and T2011). Announcement

    International Nuclear Information System (INIS)

    2011-01-01

    To build and strengthen its relationship with the broader science community in support of the Treaty, the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) invites the community to a scientific conference CTBT: Science and Technology 2011 (S and T 2011), to be held from 8 to 10 June 2011 at the Hofburg Palace in Vienna, Austria. The conference goals are: Discuss advances in science and technology relevant to test ban verification; Explore scientific applications of the CTBT verification infrastructure; Encourage partnerships and knowledge exchange between the CTBTO and the broader scientific community.

  11. Radionuclide observables during the Integrated Field Exercise of the Comprehensive Nuclear-Test-Ban Treaty

    Energy Technology Data Exchange (ETDEWEB)

    Burnett, Jonathan L.; Miley, Harry S.; Milbrath, Brian D.

    2016-03-01

    In 2014 the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) undertook the Integrated Field Exercise (IFE) in Jordan. The exercise consisted of a simulated 0.5 – 2 kT underground explosion triggering an On-site Inspection (OSI) to search for evidence of a Treaty violation. This research evaluates two of the OSI techniques, including laboratory-based gamma-spectrometry of soil samples and in situ gamma-spectrometry for 17 particulate radionuclides indicative of nuclear weapon tests. The detection sensitivity is evaluated using real IFE and model data. It indicates that higher sensitivity laboratory measurements are the optimum technique during the IFE and OSI timeframes.

  12. 28 CFR 0.109 - Implementation of the Treaty of Friendship and General Relations Between the United States and...

    Science.gov (United States)

    2010-07-01

    ... Friendship and General Relations Between the United States and Spain. 0.109 Section 0.109 Judicial... Service § 0.109 Implementation of the Treaty of Friendship and General Relations Between the United States... States within the meaning of Article XXIV of the Treaty of Friendship and General Relations Between the...

  13. Resolution establishing the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization. Adopted on 19 November 1996

    International Nuclear Information System (INIS)

    1996-11-01

    The document reproduces the text of the Resolution on the Establishment of a Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization which was adopted on 19 November 1996 at a meeting of the States Signatories of the Comprehensive Nuclear Test-Ban Treaty

  14. Benefits from an exchange of knowledge in the treaty-related science and technologies: A personal perspective

    International Nuclear Information System (INIS)

    Marshall, P.D.

    1999-01-01

    This paper describes benefits from an exchange of knowledge in the non-proliferation treaty related science and technologies concerning science and technology development. Benefits to State Parties are concerned with non-treaty uses of seismic, hydro acoustic, infrasound and radionuclides data, their evaluation and measuring techniques

  15. 28 CFR 0.64-1 - Central or Competent Authority under treaties and executive agreements on mutual assistance in...

    Science.gov (United States)

    2010-07-01

    ... treaties and executive agreements on mutual assistance in criminal matters. 0.64-1 Section 0.64-1 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Criminal Division § 0.64-1 Central or Competent Authority under treaties and executive agreements on mutual assistance in criminal...

  16. 75 FR 58012 - 30-Day Notice of Proposed Information Collection: DS-156E Nonimmigrant Treaty Trader/Investor...

    Science.gov (United States)

    2010-09-23

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE 30-Day Notice of Proposed Information Collection: DS-156E Nonimmigrant Treaty Trader/Investor Application ACTION... Information Collection: Nonimmigrant Treaty Trader/Investor Application. OMB Control Number: 1405-0101. Type...

  17. Protocol Additional to the Agreement between the Republic of Iraq and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Entry into Force

    International Nuclear Information System (INIS)

    2012-01-01

    Pursuant to Article 17 of the Protocol Additional to the Agreement between the Republic of Iraq and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons (the Additional Protocol), the Additional Protocol, which had been applied provisionally from 17 February 2010, entered into force on 10 October 2012, the date upon which the Agency received written notification from Iraq that Iraq's statutory and/or constitutional requirements for entry into force had been met [es

  18. Protocol Additional to the Agreement between the Republic of Armenia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    1997-01-01

    The document reproduces the text of the Protocol Additional to the Safeguards Agreement concluded between the Republic of Armenia and the IAEA for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). It was approved by the Board of Governors on 23 September 1997, signed in Vienna on 29 September 1997, and it will enter into force on the date the Agency receives written notification that Armenia's statutory and/or constitutional requirements for entry into force have been met. Pending entry into force, this Protocol shall apply provisionally from the date of signature, i.e., 29 September 1997

  19. Protocol Additional to the agreement between the Republic of Colombia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America

    International Nuclear Information System (INIS)

    2009-01-01

    The text of the Protocol Additional to the Agreement between the Republic of Colombia and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America is reproduced in this document for the information of all Members. The Board of Governors approved the Additional Protocol on 25 November 2004. It was signed in Vienna on 11 May 2005. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 5 March 2009, the date on which the Agency received from Colombia written notification that Colombia's statutory and constitutional requirements for entry into force had been met

  20. Agreement between the Republic of Niger and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2006-01-01

    The text of the Agreement between the Republic of Niger and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members. The Board of Governors approved the Safeguards Agreement on 20 March 2001. It was signed on 11 June 2002 in Vienna. Pursuant to Article 24 of the Agreement, the Agreement entered into force on 16 February 2005, the date on which the Agency received from Niger written notification that Niger's statutory and constitutional requirements for entry into force had been met

  1. Protocol Additional to the Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Protocol Additional to the Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members. The Board of Governors approved the Additional Protocol on 18 June 2003. It was signed on 6 February 2004 in Vienna. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 9 May 2007, the date on which the Agency received from Kazakhstan written notification that Kazakhstan's statutory and constitutional requirements for entry into force had been met

  2. Protocol Additional to the Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Protocol Additional to the Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members. The Board of Governors approved the Additional Protocol on 18 June 2003. It was signed on 6 February 2004 in Vienna. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 9 May 2007, the date on which the Agency received from Kazakhstan written notification that Kazakhstan's statutory and constitutional requirements for entry into force had been met [fr

  3. Protocol Additional to the agreement between the Republic of Malta and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2006-01-01

    The text of the Protocol Additional to the Agreement between the Republic of Malta and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members. The Board of Governors approved the Additional Protocol on 28 November 2002. It was signed on 24 April 2003 in Vienna. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 12 July 2005, the date on which the Agency received from Malta written notification that Malta's statutory and constitutional requirements for entry into force had been met

  4. Agreement between Bosnia and Herzegovina and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2013-01-01

    The text of the Agreement between Bosnia and Herzegovina and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members. The Board of Governors approved the Agreement on 5 June 2012. It was signed on 6 June 2012 in Vienna, Austria. Pursuant to Article 25 of the Agreement, the Agreement entered into force on 4 April 2013, the date on which the Agency received from Bosnia and Herzegovina written notification that Bosnia and Herzegovina's statutory and constitutional requirements for entry into force had been met.

  5. Protocol Additional to the Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2007-01-01

    The text of the Protocol Additional to the Agreement between the Republic of Kazakhstan and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members. The Board of Governors approved the Additional Protocol on 18 June 2003. It was signed on 6 February 2004 in Vienna. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 9 May 2007, the date on which the Agency received from Kazakhstan written notification that Kazakhstan's statutory and constitutional requirements for entry into force had been met [es

  6. Protocol Additional to the agreement between Ukraine and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    2006-01-01

    The text of the Protocol Additional to the Agreement between Ukraine and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members. The Board of Governors approved the Additional Protocol on 7 June 2000. It was signed on 15 August 2000 in Vienna. Pursuant to Article 17 of the Additional Protocol, the Protocol entered into force on 24 January 2006, the date on which the Agency received from Ukraine written notification that Ukraine's constitutional requirements for entry into force had been met

  7. The CRC 20 years: An overview of some of the major achievements and remaining challenges.

    Science.gov (United States)

    Doek, Jaap E

    2009-11-01

    On 20 November 1989, the General Assembly of the United Nations adopted the Convention on the Rights of the Child (CRC). It entered into force on 2 September 1990 and has by now been ratified by 193 States, making the most universally ratified human rights treaty. This overview will present and discuss the impact of this treaty both at the international and the national level, an overview which necessarily has to be limited to some of the developments as a result of the implementation of the CRC. The first part of this paper will be devoted to the impact the CRC had and still has on the setting and development of the international agenda for the promotion and protection of the rights and welfare of children. Special attention will given to developments, achievements, and remaining challenges at the international level with regard to protection of children in armed conflict; prevention and the protection of children from sexual exploitation; and from all forms of violence. This will include some information on the impact of these international developments and actions at the national level, for example, in the area of legislation. The second part will focus on the impact at the national level. Given the wide scope of the CRC this part will be limited to some of the General Measures of Implementation (law reform, national programmes, and independent monitoring) and the General Principles (non-discrimination, best interest, right to be heard) of the CRC. This will be based on reports of States on the implementation of the CRC submitted to the CRC Committee and the Concluding Observations of this Committee and on a number of studies. The conclusion will provide remarks on poverty as one of the major remaining challenges for the implementation of children's rights.

  8. The Text of the Agreement of 23 August 1973 between Ghana and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with the Republic of Ghana to rescind the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2012-01-01

    The text of the Exchange of Letters, constituting an agreement to rescind the Protocol to the Agreement of 23 August 1973 between the Government of the Republic of Ghana and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency [es

  9. The Text of the Agreement of 23 August 1973 between Ghana and the Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. An Agreement by Exchange of Letters with the Republic of Ghana to rescind the Protocol to the Safeguards Agreement

    International Nuclear Information System (INIS)

    2012-01-01

    The text of the Exchange of Letters, constituting an agreement to rescind the Protocol to the Agreement of 23 August 1973 between the Government of the Republic of Ghana and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, is reproduced in this document for the information of all Member States of the Agency

  10. Analysis on constitution of American college republicans

    Directory of Open Access Journals (Sweden)

    Minghua Su

    2017-02-01

    Full Text Available This paper, based on internet survey and comparative analysis, according to the firsthand materials, comprehensively and systematically probes the formation of the constitution form and structure, and analyzes its contents of Constitution of American College Republicans among 15 colleges respectively, which includes the illustration of constitution, membership, personnel, meeting, financial amendment, etc. Finally, this essay analyzes the characteristics of constitution of college republicans and its advantages.

  11. 118 CONSTITUTIONALISM AND GOOD GOVERNANCE IN NIGERIA

    African Journals Online (AJOL)

    Fr. Ikenga

    This paper attempts to analyse the constitutional development of Nigeria with a view to really determining at what point it can be said that Nigeria had a constitution. The various determinants of constitutionalism are to be x-rayed and juxtaposed with the activities of the government particularly the fourth and fifth republics.

  12. How Does the Constitution Secure Rights?

    Science.gov (United States)

    Goldwin, Robert A., Ed.; Schambra, William A., Ed.

    Third in a series designed to help prepare the nation for a thoughtful observance of the Constitutional bicentennial, this publication presents six essays addressing the issue of human rights and the Constitution. "How the Constitution Protects Our Rights: A Look at the Seminal Years" (Robert A. Rutland) focuses on James Madison's role…

  13. Teaching about Democratic Constitutionalism. ERIC Digest.

    Science.gov (United States)

    Patrick, John J.

    There are more than 100 democracies in the world today. All but three of them--Great Britain, Israel, and New Zealand --have written constitutions. This digest examines the importance of constitutions and constitutionalism and the teaching of these concepts through the use of comparisons. The primary objectives of civic education for democratic…

  14. State Constitutional Law: Teaching and Scholarship.

    Science.gov (United States)

    Williams, Robert F.

    1991-01-01

    State constitutional law is an emerging area for legal education, partly because of state supreme court decisions relying on state rather than federal constitutional law. Studying state constitutional law highlights similarities and diversity of legal and governmental systems. Interest in establishment of curricula and materials in state law is…

  15. Theoretical Issues of the Constitutional Regulation Mechanism

    Science.gov (United States)

    Zhussupova, Guldaray B.; Zhailyaubayev, Rassul T.; Ukin, Symbat K.; Shunayeva, Sylu M.; Nurmagambetov, Rachit G.

    2016-01-01

    The purpose of this research is to define the concept of "constitutional regulation mechanism." The definition of the concept of "constitutional regulation mechanism" will give jurists and legislators a theoretical framework for developing legal sciences, such as the constitutional law and the theory of state and law. The…

  16. The Constitution of the Republic of Estonia

    Index Scriptorium Estoniae

    2009-01-01

    Sisaldab ka: The Constitution of the Republic of Estonia Amendment Act. The Constitution of the Republic of Estonia Implementation Act. Act to Amend the Constitution of the Republic of Estonia for Election of Local Government Councils for Term of Four Years

  17. The Constitution of the Republic of Estonia

    Index Scriptorium Estoniae

    2005-01-01

    Raamat sisaldab ka: The Constitution of the Republic of Estonia amendment act ; The Constitution of the Republic of Estonia implementation act ; Act to amend the Constitution of the Republic of Estonia for election of local government councils for term of four years

  18. 26 CFR 301.7701(b)-7 - Coordination with income tax treaties.

    Science.gov (United States)

    2010-04-01

    ... have been included in the taxpayer's income may be determined based on the audited foreign financial... that B also earns United States source dividend income. The United States-X income tax convention... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Coordination with income tax treaties. 301.7701...

  19. Indian Treaties: Two Centuries of Dishonor. American Indian Reader: Current Affairs, Volume 5.

    Science.gov (United States)

    Costo, Rupert; Henry, Jeannette

    Today self-determination, economy, tribal jurisdiction, taxation, water and resource rights, and other aspects of American Indian affairs are affected by issues raised through the treaties and agreements made with Indian nations and tribes, and through the executive orders and statutes. Government policy has been influenced by the pressure brought…

  20. Law 16.518 Antarctic Treaty: approve the protocols about Environment protection and annex s

    International Nuclear Information System (INIS)

    1994-01-01

    The treaty Antarctic in their appendix C in its articles is about the elimination of residuals by means of its removal of the area of having Treated Antarctic among them radioactive materials, planning of the wastes, communication treatment and exam of the plans of treatment of wastes, treatment proceeding prevention of sea contamination ,discharge of hydrocarbons petroliferous, discharge of liquid noxious substances [es

  1. A treaty more alarming than efficient. The dismantled warheads will not be destroyed. Danger

    International Nuclear Information System (INIS)

    Riche, P.; Despic-Popovic, H.; Nougayrede, N.

    2002-01-01

    This political analysis presents the new treaty of nuclear weapons dismantling between Russia and Usa. In fact the warheads will not be completely dismantling but only stocked, leading to a possible recovery by terrorists. It underlines the real interests of this agreement which are more economic than peaceful. (A.L.B.)

  2. "Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty"

    Science.gov (United States)

    Krueger, Karla

    2009-01-01

    This article provides an overview of the three-volume reference set, "Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty" published by ABC-CLIO. This reference work is edited by Donald Fixico, Arizona State University, and dedicated to the people of his tribes: (1) Shawnee; (2) Sac and Fox; (3) Seminole; and (4)…

  3. Protocols, treaties, and action: the 'climate change process' viewed through gender spectacles

    NARCIS (Netherlands)

    Skutsch, Margaret

    2002-01-01

    This paper starts by assessing the extent to which gender considerations have been taken into account in the international processes concerning the development of climate change policy. Finding that there has been very little attention to gender issues, neither in the protocols and treaties nor in

  4. Harming asylum seekers’ chances through poor use of human rights treaties

    Directory of Open Access Journals (Sweden)

    Stephen Meili

    2013-05-01

    Full Text Available Over the past decade, UK courts and administrative tribunals havebecome increasingly comfortable relying on international human rightstreaties in cases where non-citizens claim asylum or other means ofprotection from persecution. However, this trend does not mean thatthese treaties have always been deployed by refugee lawyers in wayswhich benefit their clients.

  5. The Colombian-United States Free Trade Treaty: A Critical Discourse Analysis (CDA

    Directory of Open Access Journals (Sweden)

    Cristian A. Yepes

    2014-07-01

    Full Text Available "Free trade treaties are generally centered on defining some game rules to achieve commercial exchange. In this article, the contents of the text of the free trade treaty between Colombia and the United States are discussed using a critical discourse analysis, which will help to identify the power relationships in this discourse in the context of Colombian company management. The particularities of the free trade treaty are also analyzed from a linguistic point of view, and taking into account the variables such as access of goods into the market, customs procedures, business defense, public contracting, intellectual property rights, job-related and environmental issues. The results are associated with an analysis process of the discursive content of free trade treaties at three levels: grammar of the text, pragmatics of the text, and at a psychosocial level to understand the role that the discourse plays in the interpretation and reproduction of the social domination, with the aim that it may serve as an orientation for the management of Colombian export companies."

  6. The British, the Americans, and the Czechoslovak-Soviet Treaty of 1943

    Czech Academy of Sciences Publication Activity Database

    Smetana, Vít

    2015-01-01

    Roč. 3, č. 1 (2015), s. 5-26 ISSN 2336-3142 Institutional support: RVO:68378114 Keywords : Czechoslovak-Soviet treaty * Czechoslovakia Subject RIV: AB - History http://www.usd.cas.cz/casopis/czech-journal-of-contemporary-history-3-2015/

  7. Comprehensive Test Ban Treaty research and development: plans and accomplishments ...from signature to entry into force

    Energy Technology Data Exchange (ETDEWEB)

    None

    1998-06-01

    This brochure describes the high-priority R&D that is being pursued in the DOE Comprehensive Test Ban Treaty (CTBT) R&D Program and how it will support effective CTBT monitoring. Monitoring challenges, sensor systems, signal analysis, resolution of ambiguities, and the timeline for CTBT history and program milestones are covered.

  8. 77 FR 25892 - Security Zones; North Atlantic Treaty Organization (NATO) Summit, Chicago, IL

    Science.gov (United States)

    2012-05-02

    ... DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2012-0052] RIN 1625-AA87 Security Zones; North Atlantic Treaty Organization (NATO) Summit, Chicago, IL AGENCY: Coast Guard... Temporary Final Rule (TFR) published in the Federal Register on April 13, 2012. In the preamble, the Coast...

  9. Harming asylum seekers’ chances through poor use of human rights treaties

    OpenAIRE

    Stephen Meili

    2013-01-01

    Over the past decade, UK courts and administrative tribunals havebecome increasingly comfortable relying on international human rightstreaties in cases where non-citizens claim asylum or other means ofprotection from persecution. However, this trend does not mean thatthese treaties have always been deployed by refugee lawyers in wayswhich benefit their clients.

  10. The Legal Status of Decisions by Human Rigths Treaty Bodies in National Law

    NARCIS (Netherlands)

    Nollkaemper, A.; van Alebeek, R.

    2011-01-01

    The success of UN human rights treaty monitoring mechanisms (such as the Human Rights Committee) depends largely on the influence that the findings of these bodies exert on national legal orders. This paper examines the effects that national courts can and do give to such findings. It examines, on

  11. 78 FR 47479 - 30-Day Notice of Proposed Information Collection: Nonimmigrant Treaty Trader/Investor Application

    Science.gov (United States)

    2013-08-05

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE 30-Day Notice of Proposed Information Collection: Nonimmigrant Treaty Trader/Investor Application ACTION: Notice... Notice is to allow 30 days for public comment. DATES: Submit comments directly to the Office of...

  12. 78 FR 24780 - 60-Day Notice of Proposed Information Collection: Nonimmigrant Treaty Trader/Investor Application

    Science.gov (United States)

    2013-04-26

    ... From the Federal Register Online via the Government Publishing Office DEPARTMENT OF STATE 60-Day Notice of Proposed Information Collection: Nonimmigrant Treaty Trader/Investor Application ACTION: Notice... organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the...

  13. The Status of Thailand's Implementation of International Treaty Obligations Regarding Linguistic Human Rights in Education

    Science.gov (United States)

    Draper, John

    2013-01-01

    Given the recent consideration by the Thai government of a national language policy, this article considers the status of Thailand's treaty obligations regarding linguistic human rights in education. It presents a general background, a brief linguistic profile of Thailand, a concise summary of the concept and importance of linguicide, and a…

  14. The Role of Non-Governmental Organizations in the Business and Human Rights Treaty Negotiations

    NARCIS (Netherlands)

    Bernaz, N.; Pietropaoli, Irene

    2017-01-01

    In June 2014, the UN Human Rights Council established an intergovernmental working group to elaborate a treaty on business and human rights. In July 2015, the working group held its first session launching the negotiations process—the culmination of a global movement of non-governmental

  15. 77 FR 30361 - Defense Federal Acquisition Regulation Supplement; Defense Trade Cooperation Treaty With the...

    Science.gov (United States)

    2012-05-22

    ... Ireland Concerning Defense Trade Cooperation (the Treaty) and the Security Cooperation Act of 2010... articles, technical data, and defense services. The governing law is the Arms Export Control Act (AECA) (22... 22 CFR 126.17(g) and other applicable U.S. laws and regulations. These requirements include marking...

  16. A multilateral tax treaty : designing an instrument to modernise international tax law

    NARCIS (Netherlands)

    Broekhuijsen, D.M.

    2017-01-01

    In this book, the author addresses the legal and political aspects of a multilateral tax treaty that fundamentally transforms the way states cooperate in the field of international taxation. Working from a normative and pragmatic view on international tax relations, he proposes a management-focused

  17. The Treaty of Anatomy, Descriptive and Surgical | Romero-Reverón ...

    African Journals Online (AJOL)

    The Treaty of Anatomy, Descriptive and Surgical. Rafael Romero-Reverón. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's ...

  18. Found in translation: the correct interpretation of 'Secret Formula or Process' in India's tax treaties

    NARCIS (Netherlands)

    Sanghavi, Dhruv

    2016-01-01

    This article discusses the critically reviews of the Delhi High Court in Director of Income Tax v New Skies Satellite BV to interpreting the phrase "secret formula or process" in the India-Netherlands Tax Treaty 1989. It argues that the court's sole reliance on the English version of the text of the

  19. CONSTITUTIONAL COMPLAINT DAN CONSTITUTIONAL QUESTION DAN PERLINDUNGAN HAK-HAK KONSTITUSIONAL WARGA NEGARA

    OpenAIRE

    Hamdan Zoelva

    2012-01-01

    The 1945 Constitution gives limitative authority to the Constitutional Court only to review of laws against the constitution, adjudicate dispute over state institution whose authorities are mandate by constitution, adjudicate dispute on the result of general election, dissolution of political parties and obliged to decide upon DPR’s opinion in the case of the impeachment of the President. In practice, many of the constitutional issues can not be resolved by the Constitutional Court because it...

  20. Constitutional Complaint Dan Constitutional Question Dan Perlindungan Hak-hak Konstitusional Warga Negara

    OpenAIRE

    Zoelva, Hamdan

    2012-01-01

    The 1945 Constitution gives limitative authority to the Constitutional Court only to review of laws against the constitution, adjudicate dispute over state institution whose authorities are mandate by constitution, adjudicate dispute on the result of general election, dissolution of political parties and obliged to decide upon DPR's opinion in the case of the impeachment of the President. In practice, many of the constitutional issues can not be resolved by the Constitutional Court because it...

  1. Choosing Europe? Why Voter Preferences (sometimes) are not Reflected in National Positions in EU Constitutional Negotiations

    DEFF Research Database (Denmark)

    Beach, Derek

    ’; in other words the process whereby voter preferences are translated into actual national positions in EU constitutional negotiations. Using data drawn from the 1996-97 negotiation of the Treaty of Amsterdam, this paper attempts to explain why voter preferences are often not reflected in national positions......Why have governments systematically taken positions that are out of synch with what voters want in negotiations on transferring national sovereignty to the EU? Despite the centrality of this question there is little research that has focused explicitly on explaining why governments take positions....... It is found that the level of ‘disproportionality’ of the electoral system has an impact upon the level of divergence between national positions and voter views....

  2. Will the judgment in the Hague trial constitute a precedent in international law

    Directory of Open Access Journals (Sweden)

    Bojanić Petar

    2006-01-01

    Full Text Available On the great crime (mala in se; scelus infandum and sovereignty In this text we are attempting to think the International Criminal Tribunal for the former Yugoslavia together, and always with its necessary connection to the International Court of Justice and International Criminal Court. By paraphrasing the title of another work, the long forgotten Hans Kelsen text from 1947 (today usually used by detractors of the Tribunal "Will the Judgment in the Nuremberg Trial constitute a Precedent in International Law?", I wish to distinguish between the two Tribunals (as well as The Treaty of Versaille,and in so doing treat international law as legislative history or judicial precedents (and their recognition.

  3. Fish remains and humankind: part two

    Directory of Open Access Journals (Sweden)

    Andrew K G Jones

    1998-07-01

    Full Text Available The significance of aquatic resources to past human groups is not adequately reflected in the published literature - a deficiency which is gradually being acknowledged by the archaeological community world-wide. The publication of the following three papers goes some way to redress this problem. Originally presented at an International Council of Archaeozoology (ICAZ Fish Remains Working Group meeting in York, U.K. in 1987, these papers offer clear evidence of the range of interest in ancient fish remains across the world. Further papers from the York meeting were published in Internet Archaeology 3 in 1997.

  4. Change of position of constitutional judiciary

    Directory of Open Access Journals (Sweden)

    Orlović Slobodan P.

    2013-01-01

    Full Text Available Constitutional judiciary is the youngest branch of authority in the horizontal level of state power. Constitutional judiciary has, during its existence - during two centuries as an ordinary court and during one century as a special authority, changed its position, role and importance. Those characteristics of constitutional judiciary had an increasing way - the position became better, in political and law sense, its role has expanded and the importance has increased. Today, constitutional judiciary is an inevitable subject of constitutional regimes in huge number of states (between them are almost all federations but, in the same time, constitutional judiciary is an authority which is at least limited by the constitution. The constitution is "soft" to the constitutional judiciary because the judiciary interpreted the constitution in accordance to its political and law attitudes, hidden by the guise of protection. Different separation of power, a rise of executive power, requests for better protections of fundamental human rights, a changed role of state and executive power, altogether, have influenced to change of position of constitutional judiciary.

  5. Kadav Moun PSA (:60) (Human Remains)

    Centers for Disease Control (CDC) Podcasts

    2010-02-18

    This is an important public health announcement about safety precautions for those handling human remains. Language: Haitian Creole.  Created: 2/18/2010 by Centers for Disease Control and Prevention (CDC).   Date Released: 2/18/2010.

  6. Essential Qualities of Math Teaching Remain Unknown

    Science.gov (United States)

    Cavanagh, Sean

    2008-01-01

    According to a new federal report, the qualities of an effective mathematics teacher remain frustratingly elusive. The report of the National Mathematics Advisory Panel does not show what college math content and coursework are most essential for teachers. While the report offered numerous conclusions about math curriculum, cognition, and…

  7. Remaining Life Expectancy With and Without Polypharmacy

    DEFF Research Database (Denmark)

    Wastesson, Jonas W; Canudas-Romo, Vladimir; Lindahl-Jacobsen, Rune

    2016-01-01

    OBJECTIVES: To investigate the remaining life expectancy with and without polypharmacy for Swedish women and men aged 65 years and older. DESIGN: Age-specific prevalence of polypharmacy from the nationwide Swedish Prescribed Drug Register (SPDR) combined with life tables from Statistics Sweden...

  8. Juveniles' Motivations for Remaining in Prostitution

    Science.gov (United States)

    Hwang, Shu-Ling; Bedford, Olwen

    2004-01-01

    Qualitative data from in-depth interviews were collected in 1990-1991, 1992, and 2000 with 49 prostituted juveniles remanded to two rehabilitation centers in Taiwan. These data are analyzed to explore Taiwanese prostituted juveniles' feelings about themselves and their work, their motivations for remaining in prostitution, and their difficulties…

  9. Introduction of the Comprehensive Nuclear-Test-Ban Treaty (CTBT) and preparatory activities for its entry into force

    Energy Technology Data Exchange (ETDEWEB)

    Tani, Hiroshi [Japan Atomic Energy Research Inst., Mutsu Establishment, Mutsu, Aomori (Japan)

    2001-03-01

    The Comprehensive Nuclear-Test-Ban Treaty (CTBT) is a very important treaty, not only for Japan but also for the world, because it prohibits any nuclear weapon test explosion or any other nuclear explosion anywhere in the world. The treaty however will not enter into force until it has been signed and ratified by all the 44 states listed in Annex 2 to the treaty. Many efforts to facilitate the treaty's early entry into force are being done by many countries and many international organizations. As one of result of these efforts, a Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization had be established at a meeting of State Signatories on 19 November 1996, and the Commission started activities to establish global verification regime of the treaty and to prepare for its entry into force. Under the CTBT activities, the Japan Atomic Energy Research Institute (JAERI) is expected to play an important role as supporter for the Japanese Government, especially in a field of an International Monitoring System (IMS). However, there is no appropriate guide book on the CTBT for JAERI staff at present. This report provides some introduction of the CTBT regime and preparatory activities for its entry into force. Only open source information is used for making the report. If anyone need more detail information, it should be asked to contact competent authorities. (author)

  10. Lodging of a constitutional complaint. Reason: 'Permitted risk philosophy'

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    The complainants lodged a constitutional complaint 'against the Federal German Bundestag, for remaining inactive in matters of the licensing and operation of nuclear installations', and filed a petition for a temporary order. The Federal Constitutional Court dismissed the petition and inflicted a fee of 500 DM to be paid by each complainant. From the headnotes: The petition is inadmissible. It is left open whether the underlying constitutional complaint is inadmissible, or unjustified. The petition is dismissed because the complainants can seek relief by resorting to the general courts of law. They can appeal to the administrative courts in matters covered by section 7 Atomic Energy Act, and may there state their opposition against the 'permissible risk philosophy'. (orig./HSCH) [de

  11. Partnership between Japan and North Atlantic treaty organization

    Directory of Open Access Journals (Sweden)

    Budimir Željko

    2016-01-01

    Full Text Available In the paper, the relationship between Japan and the North Atlantic Alliance, the development of their partnership and Japan's contribution to the NATO missions throughout the world, as well as the current status that Japan has in the Alliance, are described and explained. The authors of the paper have presented and explained the models of cooperation between the two sides and the perspectives of their future relationships as well. Apart from the said, the internal political and legal transformation of Japan, directed towards the country's greater and more robust engagement in international missions, including the use of force, which has carefully been avoided in the past seven decades due to constitutional and legal limitations, is also shown in parallel with that. The underlying thesis statement of the paper reads as follows: Japan's coming closer to NATO, i.e. the strengthening of their partnership and the elimination of legal obstacles in Japan itself to the use of force in international politics, are complementary processes. In the paper, the analytical, synthetic and comparative methods are used.

  12. Forensic dentistry: 1. Identification of human remains.

    Science.gov (United States)

    Pretty, Iain A

    2007-12-01

    For many forensic dentists the identification of found human remains will comprise the majority of their case work. However, there is rarely a typical dental identification. The resilience of teeth and their supporting tissues to peri- and post-mortem assaults provides a wealth of information for those interested in the identity of the deceased. Chemical attack, burning, burial, submersion, and even severe head and neck trauma are all withstood by the dentition to an extent where identification is possible. The lack of a tentative identification or failure to locate dental or similar ante-mortem records is a more common reason for an odontological investigation to fail. The purpose of this review is to describe the techniques employed by forensic dentists to identify human remains and also to provide details of some of the novel developments within this area.

  13. Becoming and remaining homeless: a qualitative investigation.

    Science.gov (United States)

    Morrell-Bellai, T; Goering, P N; Boydell, K M

    2000-09-01

    This article reports the qualitative findings of a multimethod study of the homeless population in Toronto, Canada. The qualitative component sought to identify how people become homeless and why some individuals remain homeless for an extended period of time or cycle in and out of homelessness (the chronically homeless). In-depth, semistructured interviews were conducted with 29 homeless adults. The findings suggest that people both become and remain homeless due to a combination of macro level factors (poverty, lack of employment, low welfare wages, lack of affordable housing) and personal vulnerability (childhood abuse or neglect, mental health symptoms, impoverished support networks, substance abuse). Chronically homeless individuals often reported experiences of severe childhood trauma and tended to attribute their continued homelessness to a substance abuse problem. It is concluded that both macro and individual level factors must be considered in planning programs and services to address the issue of homelessness in Canada.

  14. Explosives remain preferred methods for platform abandonment

    International Nuclear Information System (INIS)

    Pulsipher, A.; Daniel, W. IV; Kiesler, J.E.; Mackey, V. III

    1996-01-01

    Economics and safety concerns indicate that methods involving explosives remain the most practical and cost-effective means for abandoning oil and gas structures in the Gulf of Mexico. A decade has passed since 51 dead sea turtles, many endangered Kemp's Ridleys, washed ashore on the Texas coast shortly after explosives helped remove several offshore platforms. Although no relationship between the explosions and the dead turtles was ever established, in response to widespread public concern, the US Minerals Management Service (MMS) and National Marine Fisheries Service (NMFS) implemented regulations limiting the size and timing of explosive charges. Also, more importantly, they required that operators pay for observers to survey waters surrounding platforms scheduled for removal for 48 hr before any detonations. If observers spot sea turtles or marine mammals within the danger zone, the platform abandonment is delayed until the turtles leave or are removed. However, concern about the effects of explosives on marine life remains

  15. 76 FR 58705 - Constitution Day and Citizenship Day, Constitution Week, 2011

    Science.gov (United States)

    2011-09-21

    ... Day and Citizenship Day, Constitution Week, 2011 Proclamation 8715--National Employer Support of the... Constitution Day and Citizenship Day, Constitution Week, 2011 By the President of the United States of America... country stands for. Every year, thousands of candidates for citizenship commemorate Constitution Day and...

  16. Constitutional and Non-Constitutional Governments...Similarities and Differences throughout History. Resource Packet.

    Science.gov (United States)

    Pallasch, Brian Thomas

    This civic education resource packet is designed to provide teachers, community leaders, and other civic educators with an understanding of the differences between constitutional and non-constitutional governments. Six papers discussing the topic are included: "The Differences bewteen Constitutional and Non-Constitutional Governments" (John…

  17. State Constitutionalism: Completing the Interdisciplinary Study of Constitutional Law and Political Theory.

    Science.gov (United States)

    Williams, Robert F.

    1993-01-01

    Argues that a complete and accurate understanding of constitutional history and constitutional law requires the study of state constitutions. Maintains that state constitutions contain a coherent political theory that is, in important respects, at variance with the concept of federalism. (CFR)

  18. Evaluation of potential crushed-salt constitutive models

    Energy Technology Data Exchange (ETDEWEB)

    Callahan, G.D.; Loken, M.C.; Sambeek, L.L. Van; Chen, R.; Pfeifle, T.W.; Nieland, J.D. [RE/SPEC Inc., Rapid City, SD (United States); Hansen, F.D. [Sandia National Labs., Albuquerque, NM (United States). Repository Isolation Systems Dept.

    1995-12-01

    Constitutive models describing the deformation of crushed salt are presented in this report. Ten constitutive models with potential to describe the phenomenological and micromechanical processes for crushed salt were selected from a literature search. Three of these ten constitutive models, termed Sjaardema-Krieg, Zeuch, and Spiers models, were adopted as candidate constitutive models. The candidate constitutive models were generalized in a consistent manner to three-dimensional states of stress and modified to include the effects of temperature, grain size, and moisture content. A database including hydrostatic consolidation and shear consolidation tests conducted on Waste Isolation Pilot Plant and southeastern New Mexico salt was used to determine material parameters for the candidate constitutive models. Nonlinear least-squares model fitting to data from the hydrostatic consolidation tests, the shear consolidation tests, and a combination of the shear and hydrostatic tests produces three sets of material parameter values for the candidate models. The change in material parameter values from test group to test group indicates the empirical nature of the models. To evaluate the predictive capability of the candidate models, each parameter value set was used to predict each of the tests in the database. Based on the fitting statistics and the ability of the models to predict the test data, the Spiers model appeared to perform slightly better than the other two candidate models. The work reported here is a first-of-its kind evaluation of constitutive models for reconsolidation of crushed salt. Questions remain to be answered. Deficiencies in models and databases are identified and recommendations for future work are made. 85 refs.

  19. Constitutional Amendment and Political Constitutionalism: The Potential Mitigation of Critiques on Judicial Review

    Directory of Open Access Journals (Sweden)

    Jairo Néia Lima

    2016-12-01

    Full Text Available The criticisms toward judicial review from Richard Bellamy and Jeremy Waldron’s political constitutionalism approach demonstrate that they do not exclude constitutional courts entirely, as they accept mechanisms of legislative responses, except constitutional amendments. This paper concludes that the high number of constitutional amendments in Brazil does not mitigate judicial review critiques. The extensive structure of the Brazilian Constitution imposes frequent changes, which do not modify its essence. Furthermore, the possibility of judicial review over constitutional amendments represents that constitutional court could overrule legislative response.

  20. Childrens' Rights in the South African Constitution

    Directory of Open Access Journals (Sweden)

    JA Robinson

    2003-10-01

    Full Text Available Children were in many respects defenceless victims of discriminatory practices in ‘apartheid South Africa’. In fact, discrimination on the basis of gender, race and other inequalities were inscribed in the social fabric of the previous constitutional dispensation. The constitutional dispensation that came into effect on the 27th April 1994 was therefore designed to innovate social, political and legal structures that would be radically different from those of the country’s past history.In this contribution the impact of the Constitution upon the rights of children are considered. In order to fathom the impact. a general overview of constitutional principles and provisions necessary for the comprehension of the rights of children is provided. Thereafter the rights of children expressly mentioned in the Constitution will be addressed. Attention is also paid to the equal protection and non-discrimination provisions of the Constitution, albeit only indirectly.

  1. "Not our constitution". Assessing the United Nations' assistance to the recent Somali constitution-making process.

    OpenAIRE

    Jørgensen, Hilde

    2013-01-01

    The UN increasingly provides assistance to constitution-making in war-torn countries as an element of larger peacebuilding operations. The underlying assumption is that constitution-making, if conducted in the right way, may contribute positively to peace in several ways. First, constitution-making can contribute to reconciliation by providing a platform for people to come together and agree on a common future for their state. Second, constitution-making can provide legitimacy to constitution...

  2. The Jurisdiction of The Constitutional Court In Controlling The Constitutionality of Criminal Judgments: Kosovo Case

    OpenAIRE

    BRAHA, Florentina Shala; BYTYQI, Vilard; VUNIQI, Dardan; Berisha, Fadil

    2016-01-01

    This paper will deal with individual requests that are submitted at the Constitutional Court in order to assess the constitutionality of criminal judicial decisions. The right to submit issues for assessing the constitutionality of criminal court decisions is a constitutionally guaranteed right. Many individuals who are dissatisfied with the decisions of the judicial instances use their right to oppose such a decision even at the Constitutional Court.Not all the cases submitted to the Court a...

  3. Autonomous Province of Vojvodina between the Constitution and the decision of the Constitutional court

    Directory of Open Access Journals (Sweden)

    Čiplić Svetozar

    2014-01-01

    Full Text Available The author deals individual assessments Constitutional court of the Competent in Law, as well as its different interpretation of constitutional and legal provisions. The author is of the opinion that the Constitutional Court amended the constitution and the law guaranteed the position of the Autonomous Province of Vojvodina and that the 'conservative interpretation of' diminished the rights of citizens by the constitution itself by.

  4. Distribution of albatross remains in the Far East regions during the Holocene, based on zooarchaeological remains.

    Science.gov (United States)

    Eda, Masaki; Higuchi, Hiroyoshi

    2004-07-01

    Many albatross remains have been found in the Japanese Islands and the surrounding areas, such as Sakhalin and South Korea. These remains are interesting for two reasons: numerous sites from which albatross remains have been found are located in coastal regions of the Far East where no albatrosses have been distributed recently, and there are some sites in which albatross remains represent a large portion of avian remains, although albatrosses are not easily preyed upon by human beings. We collected data on albatross remains from archaeological sites in the Far East regions during the Holocene and arranged the remains geographically, temporally and in terms of quantity. Based on these results, we showed that coastal areas along the Seas of Okhotsk and Japan have rarely been used by albatrosses in Modern times, though formerly there were many albatrosses. We proposed two explanations for the shrinkage of their distributional range: excessive hunting in the breeding areas, and distributional changes of prey for albatrosses.

  5. Complexities of Constitutional Change in the Philippines

    OpenAIRE

    Saunders, Cheryl; Yusingco, Michael Henry

    2018-01-01

    President Rodrigo Duterte assumed office in July 2016, His party, PDP-Laban, had campaigned under the slogan: “No to Drugs, Yes to Federalism”. Duterte thus is committed to shepherding the Philippines towards a federal form of government; an undertaking that would require an extensive overhaul of the country’s constitution. The future of constitutional change under Duterte in any event is uncertain for a series of constitutional and political reasons. Critically, some of the most pressing of ...

  6. Shotgun microbial profiling of fossil remains

    DEFF Research Database (Denmark)

    Der Sarkissian, Clio; Ermini, Luca; Jónsson, Hákon

    2014-01-01

    Millions to billions of DNA sequences can now be generated from ancient skeletal remains thanks to the massive throughput of next-generation sequencing platforms. Except in cases of exceptional endogenous DNA preservation, most of the sequences isolated from fossil material do not originate from...... community profiling of the seven specimens revealed site-specific environmental signatures. These microbial communities appear to comprise mainly organisms that colonized the fossils recently. Our approach significantly extends the amount of useful data that can be recovered from ancient specimens using...

  7. Testing of constitutive models in LAME.

    Energy Technology Data Exchange (ETDEWEB)

    Hammerand, Daniel Carl; Scherzinger, William Mark

    2007-09-01

    Constitutive models for computational solid mechanics codes are in LAME--the Library of Advanced Materials for Engineering. These models describe complex material behavior and are used in our finite deformation solid mechanics codes. To ensure the correct implementation of these models, regression tests have been created for constitutive models in LAME. A selection of these tests is documented here. Constitutive models are an important part of any solid mechanics code. If an analysis code is meant to provide accurate results, the constitutive models that describe the material behavior need to be implemented correctly. Ensuring the correct implementation of constitutive models is the goal of a testing procedure that is used with the Library of Advanced Materials for Engineering (LAME) (see [1] and [2]). A test suite for constitutive models can serve three purposes. First, the test problems provide the constitutive model developer a means to test the model implementation. This is an activity that is always done by any responsible constitutive model developer. Retaining the test problem in a repository where the problem can be run periodically is an excellent means of ensuring that the model continues to behave correctly. A second purpose of a test suite for constitutive models is that it gives application code developers confidence that the constitutive models work correctly. This is extremely important since any analyst that uses an application code for an engineering analysis will associate a constitutive model in LAME with the application code, not LAME. Therefore, ensuring the correct implementation of constitutive models is essential for application code teams. A third purpose of a constitutive model test suite is that it provides analysts with example problems that they can look at to understand the behavior of a specific model. Since the choice of a constitutive model, and the properties that are used in that model, have an enormous effect on the results of an

  8. Shotgun microbial profiling of fossil remains.

    Science.gov (United States)

    Der Sarkissian, C; Ermini, L; Jónsson, H; Alekseev, A N; Crubezy, E; Shapiro, B; Orlando, L

    2014-04-01

    Millions to billions of DNA sequences can now be generated from ancient skeletal remains thanks to the massive throughput of next-generation sequencing platforms. Except in cases of exceptional endogenous DNA preservation, most of the sequences isolated from fossil material do not originate from the specimen of interest, but instead reflect environmental organisms that colonized the specimen after death. Here, we characterize the microbial diversity recovered from seven c. 200- to 13 000-year-old horse bones collected from northern Siberia. We use a robust, taxonomy-based assignment approach to identify the microorganisms present in ancient DNA extracts and quantify their relative abundance. Our results suggest that molecular preservation niches exist within ancient samples that can potentially be used to characterize the environments from which the remains are recovered. In addition, microbial community profiling of the seven specimens revealed site-specific environmental signatures. These microbial communities appear to comprise mainly organisms that colonized the fossils recently. Our approach significantly extends the amount of useful data that can be recovered from ancient specimens using a shotgun sequencing approach. In future, it may be possible to correlate, for example, the accumulation of postmortem DNA damage with the presence and/or abundance of particular microbes. © 2014 John Wiley & Sons Ltd.

  9. Agreement between the Kingdom of Cambodia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons and the Southeast Asia Nuclear Weapon-Free Zone Treaty

    International Nuclear Information System (INIS)

    2000-01-01

    The document reproduces the text of the Agreement (and the Protocol thereto) concluded between the Kingdom of Cambodia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the Southeast Asia Nuclear Weapon-Free Zone Treaty. The Agreement was approved by the Board of Governors on 11 November 1999, signed in Vienna on 17 December 1999, and entered into force on the same date

  10. IAEA safeguards related to the Non-Proliferation Treaty of Nuclear Weapons- T.N.P. and the Treaty for the Prohibition of Nuclear Weapons in Latin America-Tlatelolco

    International Nuclear Information System (INIS)

    Rodrigues, M.D.F.

    1978-04-01

    The application of safeguards, focusing mainly the causes that gave origin to this type of control, is studied. The safeguard procedures used by the IAEA are also given, relative to the Treaty for the Prohibition of Nuclear Weapons in Latin America - Tlatelolco, the Non-Proliferation Treaty of Nuclear Weapons - T.N.P. and the Euratom safeguards. Some consideration is given to the organizations related to safeguards application such as IAEA, OPANAL and Euratom, their functions and aims. (F.E.) [pt

  11. CONSTITUTIONAL TRANSPLANT IN THE PEOPLE’S REPUBLIC OF CHINA: THE INFLUENCE OF THE SOVIET MODEL AND CHALLENGES IN THE GLOBALIZATION ERA

    Directory of Open Access Journals (Sweden)

    J. Fan

    2015-01-01

    Full Text Available In this essay, I mainly focus on the constitutional transplantation in the People’s Republic of China. Firstly, I briefly present the Chinese constitution-making process from the Qing dynasty to the Republic of China to show that both regimes had transplanted more or less liberal constitutional principles, rules and institutions into their domestic constitutional document. Then, because China and the Former Soviet Union shared the Marxism-Leninism, China’s 1954 Constitution borrowed almost all the constitutional articles to various extents from the 1936 Soviet constitutional code. Though few articles of the 1977 Soviet Constitution have been imported into China’s present 1982 Constitution, China’s Constitution is still influenced by the Soviet model of constitution in many aspects related to the political and legal reform in the post-Mao era. Globalization brings many challenges to present-day China’s Soviet- featured constitutional system. With China’s accession to the WTO, a qualified judicial review mechanism is required to be established by the other Member States. However, China seems not to satisfy this obligation under the framework of the present legal system. In addition, a constitutional review mechanism is still absent in China. Besides, the modern Chinese legal system keeps silent on the domestic implementation of the UN international human rights treaties in view of the fact that Chinese international law theory was molded by Soviet’s which took highly concerned on protection of its state sovereignty. Chinese authorities, on the other hand, take a vague attitude to universal human rights standards. They sometimes prefer to observe them, while in other cases, they are not willing to follow them. Besides that, the domestic effects of international law also depend on the outcomes of the struggle and compromise between the reformist and Chinese Marxist conservative.

  12. Purposes of double taxation treaties and interpretation of beneficial owner concept in Ukraine

    Directory of Open Access Journals (Sweden)

    Pavlo Selezen

    2017-10-01

    Full Text Available The term ‟beneficial owner” has been interpreted by Ukrainian courts concerning the application of double taxation treaties’ provisions since the adoption of the Tax Code of Ukraine in 2010. Changing nature of the beneficial owner concept, its importance as an instrument for treaty shopping counteraction and the necessity of its proper interpretation in the Ukrainian reality are the main factors that have a strong impact on the development of court practice concerning beneficial ownership. The article focuses on the prevention of tax avoidance as one of the purposes of double taxation treaties and its role in the interpretation of the term ‟beneficial owner”. The analysis is based on the practice of the Supreme Administrative Court of Ukraine on interpretation of the relevant provisions of the Convention between the Government of Ukraine and the Government of Switzerland on Avoidance of Double Taxation with respect to Taxes on Income and Capital as of 30 October 2000.

  13. BOLIVIA IN 1904. WHY DO THEY SIGN THE TREATY WITH CHILE?

    Directory of Open Access Journals (Sweden)

    LORETO CORREA VERA

    2017-12-01

    Full Text Available This article demonstrates that Bolivia - despite the negotiations of 1895 and all the recent rhetoric - was not worried of the effective recovery of the coast until long after the signing of the 1904 Treaty, instead of that, the presidency of Ismael Montes and the rise of Liberals in the Bolivian state, prioritized the modernization of the country and the search for ways to get the production of tin at any cost, at that time, the main wealth of Bolivia. This text has the purpose of explaining –as a witness of the time-, what were the reasons that the Bolivian authorities wielded before their people to sign the Treaty of Peace with Chile. Following that logic and notwithstanding all the recent literature, it seems appropriate to go beyond the subjective line of interpretation to establish the sayings of the main actors.

  14. Hydroacoustic monitoring system for the comprehensive nuclear-test-ban treaty

    International Nuclear Information System (INIS)

    Lawrence, M.; Galindo, M.; Grenard, P.; Newton, J.

    2001-01-01

    Hydroacoustics is one of the four monitoring technologies of the International Monitoring System (IMS) established under the Comprehensive Nuclear-Test-Ban Treaty (CTBT). The hydroacoustic network, designed to monitor the major world oceans, contains eleven stations located with an emphasis on the vast ocean areas of the Southern Hemisphere. Two different sensing techniques are employed; hydrophone sensors, which effectively cover large ocean areas, but are quite complex and expensive, and seismic detectors on small islands which are less effective, but considerably simpler and cheaper. The hydroacoustic stations transmit data in real time via satellite to the International Data Centre (IDC). The IDC analyses the hydroacoustic data in combination with the other three technologies to produce bulletins of detected events for the States Party to the Treaty. (orig.) [de

  15. Verification arrangements for the proposed fissile material cut-off treaty

    International Nuclear Information System (INIS)

    Bragin, V.

    2001-01-01

    Since the mid-1950's, an agreement to terminate the production of fissile material for nuclear weapons has been on the agenda. On December 16, 1993, the UNGA adopted Resolution A/RES/48/75/L which recommends ''the negotiation in the most appropriate international forum of a non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons and other nuclear explosive devices''. The proposed Fissile Material Cut-off Treaty (FMCT) is still one of the most important items on the multilateral disarmament and non-proliferation agenda. Successful achievement of the FMCT would be an important step towards the goal of eliminating nuclear weapons. (author)

  16. The third review conference of the parties to the Treaty on the non-proliferation of nuclear weapons

    International Nuclear Information System (INIS)

    1985-01-01

    The Third Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons was held in Geneva from 27 August to 21 September 1985, with a view to assuring that the purposes and provisions of the Treaty were being realized. The Conference ended with the adoption by consensus of a Final Declaration, by which the States parties, among other things, solemnly declared their conviction that the Treaty was essential to international peace and security and expressed their support for its objectives. This Fact Sheet provides information on the preparations for the Conference, developments at the Conference and the main features of the Final Declaration. Te text of the Treaty is reproduced in Disarmament Fact Sheet No. 33, and its historical background is contained in Fact Sheet No. 41

  17. Some remaining problems in HCDA analysis

    International Nuclear Information System (INIS)

    Chang, Y.W.

    1981-01-01

    The safety assessment and licensing of liquid-metal fast breeder reactors (LMFBRs) requires an analysis on the capability of the reactor primary system to sustain the consequences of a hypothetical core-disruptive accident (HCDA). Although computational methods and computer programs developed for HCDA analyses can predict reasonably well the response of the primary containment system, and follow up the phenomena of HCDA from the start of excursion to the time of dynamic equilibrium in the system, there remain areas in the HCDA analysis that merit further analytical and experimental studies. These are the analysis of fluid impact on reactor cover, three-dimensional analysis, the treatment of the perforated plates, material properties under high strain rates and under high temperatures, the treatment of multifield flows, and the treatment of prestressed concrete reactor vessels. The purpose of this paper is to discuss the structural mechanics of HCDA analysis in these areas where improvements are needed

  18. Political, energy events will remain interwoven

    International Nuclear Information System (INIS)

    Jones, D.P.

    1991-01-01

    This paper reports that it is possible to discuss the significance of political and energy events separately, but, in truth, they are intricately interwoven. Furthermore, there are those who will argue that since the two are inseparable, the future is not predictable; so why bother in the endeavor. It is possible that the central point of the exercise may have been missed-yes, the future is unpredictable exclamation point However, the objective of prediction is secondary. The objective of understanding the dynamic forces of change is primary exclamation point With this view of recent history, it is perhaps appropriate to pause and think about the future of the petroleum industry. The future as shaped by political, energy, economic, environmental and technological forces will direct our lives and markets during this decade. Most importantly, what will be the direction that successful businesses take to remain competitive in a global environment? These are interesting issues worthy of provocative thoughts and innovative ideas

  19. Nuclear remains an economic and ecologic asset

    International Nuclear Information System (INIS)

    Le Ngoc, Boris

    2015-01-01

    The author herein outlines the several benefits of nuclear energy and nuclear industry for France. He first outlines that France possesses 97 per cent of de-carbonated electricity thanks to nuclear energy (77 pc) and renewable energies (20 pc, mainly hydraulic), and that renewable energies must be developed in the building and transport sectors to be able to get rid of the environmentally and financially costly fossil energies. He outlines that reactor maintenance and the nuclear fuel cycle industry are fields of technological leadership for the French nuclear industry which is, after motor industry and aircraft industry, the third industrial sector in France. He indicates that nuclear electricity is to remain the most competitive one, and that nuclear energy and renewable energies must not be opposed to it but considered as complementary in the struggle against climate change, i.e. to reduce greenhouse gas emissions and to get rid of the prevalence of fossil energies

  20. Does hypertension remain after kidney transplantation?

    Directory of Open Access Journals (Sweden)

    Gholamreza Pourmand

    2015-05-01

    Full Text Available Hypertension is a common complication of kidney transplantation with the prevalence of 80%. Studies in adults have shown a high prevalence of hypertension (HTN in the first three months of transplantation while this rate is reduced to 50- 60% at the end of the first year. HTN remains as a major risk factor for cardiovascular diseases, lower graft survival rates and poor function of transplanted kidney in adults and children. In this retrospective study, medical records of 400 kidney transplantation patients of Sina Hospital were evaluated. Patients were followed monthly for the 1st year, every two months in the 2nd year and every three months after that. In this study 244 (61% patients were male. Mean ± SD age of recipients was 39.3 ± 13.8 years. In most patients (40.8% the cause of end-stage renal disease (ESRD was unknown followed by HTN (26.3%. A total of 166 (41.5% patients had been hypertensive before transplantation and 234 (58.5% had normal blood pressure. Among these 234 individuals, 94 (40.2% developed post-transplantation HTN. On the other hand, among 166 pre-transplant hypertensive patients, 86 patients (56.8% remained hypertensive after transplantation. Totally 180 (45% patients had post-transplantation HTN and 220 patients (55% didn't develop HTN. Based on the findings, the incidence of post-transplantation hypertension is high, and kidney transplantation does not lead to remission of hypertension. On the other hand, hypertension is one of the main causes of ESRD. Thus, early screening of hypertension can prevent kidney damage and reduce further problems in renal transplant recipients.

  1. Purposes of double taxation treaties and interpretation of beneficial owner concept in Ukraine

    OpenAIRE

    Pavlo Selezen

    2017-01-01

    The term ‟beneficial owner” has been interpreted by Ukrainian courts concerning the application of double taxation treaties’ provisions since the adoption of the Tax Code of Ukraine in 2010. Changing nature of the beneficial owner concept, its importance as an instrument for treaty shopping counteraction and the necessity of its proper interpretation in the Ukrainian reality are the main factors that have a strong impact on the development of court practice concerning beneficial ownership....

  2. The Non-Proliferation Treaty on the threshold to the 21st century

    International Nuclear Information System (INIS)

    Fischer, W.

    1991-06-01

    The basic outlines of non-proliferation policy, its instruments, the position of the protagonists' interests and the fundamental fields of conflict are to the fore. The history and structure of international non-poliferation policy and, in particular, of the NPT, are described, the instruments for verifying the purely peaceful use of nuclear power (safeguards) are analysed, and important future technological and political challenges of the Treaty are listed. (orig./HP) [de

  3. Adaptive Leadership Theories Applied to the North Atlantic Treaty Organization (NATO)

    Science.gov (United States)

    2011-03-07

    Adaptive Leadership Theories Applied to the North Atlantic Treaty Organization (NATO) By Major Christopher J. Wehri Essay...DATE 07 MAR 2011 2. REPORT TYPE 3. DATES COVERED 00-00-2011 to 00-00-2011 4. TITLE AND SUBTITLE Adaptive Leadership Theories Applied to the...the culturally diverse European environment. To solve its organizational problems NATO must consider various adaptive leadership theories and

  4. Policy issues facing the Comprehensive Test Ban Treaty and prospects for the future

    Energy Technology Data Exchange (ETDEWEB)

    Sweeney, J.

    1999-04-01

    This report is divided into the following 5 sections: (1) Background; (2) Major Issues Facing Ratification of CTBT; (3) Current Status on CTBT Ratification; (4) Status of CTBT Signatories and Ratifiers; and (5) CTBT Activities Not Prohibited. The major issues facing ratification of CTBT discussed here are: impact on CTBT of START II and ABM ratification; impact of India and Pakistan nuclear tests; CTBT entry into force; and establishment of the Comprehensive Nuclear Test-Ban Treaty Organization.

  5. Civil Legislation and International Treaties: The Interaction within the Legal System of the Russian Federation

    OpenAIRE

    Eremenko, Alexander

    2010-01-01

    The article deals with analysis of theoretical aspects of the category of “international treaties” from the point of view of their place in the hierarchical structure of the legal system of the Russian Federation and their correlation to the civil legislation. The author describes the synthetic models of correlation of international treaties and national legislation and formulates these models as concepts of “super-nationalism”, “sub-constitutionalism”, “super-legalism” and “inter-legalism”....

  6. Policy issues facing the Comprehensive Test Ban Treaty and prospects for the future

    International Nuclear Information System (INIS)

    Sweeney, J.

    1999-01-01

    This report is divided into the following 5 sections: (1) Background; (2) Major Issues Facing Ratification of CTBT; (3) Current Status on CTBT Ratification; (4) Status of CTBT Signatories and Ratifiers; and (5) CTBT Activities Not Prohibited. The major issues facing ratification of CTBT discussed here are: impact on CTBT of START II and ABM ratification; impact of India and Pakistan nuclear tests; CTBT entry into force; and establishment of the Comprehensive Nuclear Test-Ban Treaty Organization

  7. INCOME TAX TREATIES, WITH PARTICULAR REGARD FOR THE CONVENTION BETWEEN U.S. AND ITALY

    OpenAIRE

    De Girolamo, Giuseppe

    2011-01-01

    Double taxation has a detrimental effect on the movement of capital, technology and persons and on the exchange of goods and services. Tax conventions, when properly applied, remove the obstacles of double taxation, thereby promoting the development and flow of international trade and investment. Hence, one of the most important roles of double income treaties is to remove the double taxation and to beat these obstacles for cross-border economic transactions. The globalization of fina...

  8. Pragmatism of the North Atlantic Treaty Organization’s and European Union’s Strategic Partnership

    Science.gov (United States)

    2015-04-13

    functionalism,” In European Union Politics, 4th ed., ed. Michelle Cini and Nieves Perez- Solorzano (Oxford: Oxford University Press, 2013), 62. 3...Michelle Cini, “Intergovernmentalism,” in European Union Politics, 4th ed., ed. Michelle Cini and Nieves Perez- Solorzano (Oxford: Oxford University Press...4th ed., ed. Michelle Cini and Nieves Prez- Solorzano Borragan (Oxford: Oxford University Press, 2013), 243. 13 “Treaty of Brussels,” March 17, 1948

  9. Law of the Sea treaty: the oil-producers' view

    Energy Technology Data Exchange (ETDEWEB)

    Ortiz, R.G.

    Taking the new Law of the Sea Treaty negotiations to illustrate global interdependence, the author traces the history of colonialism and the new trend initiated by OPEC for changing the world order. The Law of the Sea could avoid future resource wars, but the US mineral industry wants to continue dominating world trade in raw materials at its own pace. This is a blow to developing nations and to international cooperation that a united Third World will no longer permit. (DCK)

  10. Legitimizing liberal militarism: politics, law and war in the Arms Trade Treaty

    OpenAIRE

    Stavrianakis, Anna

    2016-01-01

    Post-Cold War efforts to knit together human rights and international humanitarian law in pursuit of tougher arms transfer control reached their apogee in the UN Arms Trade Treaty (ATT). In contrast to dominant accounts based on human security norms, I argue that a key effect of the ATT is to legitimise liberal forms of militarism. During negotiations, the US and UK governments justified their arms export practices in terms of morality, responsibility and legitimacy. And more broadly their ar...

  11. Standardizacija materijalnih sredstava u Severnoatlantskom savezu / Materiel standardization in North Atlantic Treaty Organisation

    Directory of Open Access Journals (Sweden)

    Miroslav Glišić

    2005-11-01

    Full Text Available U radu je prikazan proces standardizacije materijalnih sredstava u Severnoatlantskom savezu kroz sagledavanje njegovog mesta i uloge u okviru zajedničke standardizacije, koja se realizuje radi dostizanja interoperabilnosti između vojnih snaga zemalja uključenih u evroatlantske integracije. / This paper presents a process of materiel standardization in the North Atlantic Treaty Organization through analysis of its place and role in common standardization process that should achieve interoperability between allied forces.

  12. Achieving a nuclear weapons ban treaty is possible. United Nations have proposed it, we can obtain it

    International Nuclear Information System (INIS)

    Nivet, Roland

    2017-01-01

    As member of an activist association, the author shows that, after the adoption of a UN resolution in favour of the elaboration of a nuclear weapons ban treaty, reaching such a treaty is possible. The action of the civil society and the mobilization of the public opinion seems necessary. In appendix, the resolution adopted by the UN general assembly on December 23, 2016 is attached. It summarizes the advances of multilateral negotiations for a comprehensive nuclear disarmament and expresses some recommendations

  13. What were the socio-economic, political, and institutional factors influencing the construction of the Arms Trade Treaty?

    OpenAIRE

    Westbrook, T

    2016-01-01

    Critiquing Martha Finnemore and Kathryn Sikkink's life-cycle hypotheses, this project tries to understand the socio-economic, political and institutional factors that influenced the construction of the Arms Trade Treaty (ATT). It addresses restless debates about the role of institutions in shaping behaviour, particularly in the context of unequal power distributions under United Nations (UN) voting rules. It questions what states had to gain from the Treaty, how power was exercised under cons...

  14. National Constitutional Avenues for Further EU Integration

    NARCIS (Netherlands)

    Besselink, L.F.M.; Claes, M.; Imamovic, Š.; Reestman, J.H.

    2014-01-01

    This study investigates national constitutional limits to further EU integration and explores ways to overcome them. It includes an in-depth examination of the constitutional systems of 12 Member States (Croatia, the Czech Republic, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, the

  15. Constitutional provisions regarding juristic persons | Pienaar ...

    African Journals Online (AJOL)

    The interim Constitution of 1993 and the final Constitution of 1996 contain specific provisions applicable to juristic persons. Juristic persons are also entitled to the fundamental rights contained in the Bill of Rights to the extent that these rights are applicable to them. It must be kept in mind that juristic persons have peculiar ...

  16. Constitutional Government: The Soul of Modern Democracy.

    Science.gov (United States)

    Mansfield, Harvey C., Jr.

    1987-01-01

    Discusses the dilemma faced by constitutionalism today: limited, constitutional government requires that people and society be independent and distrustful of the state, but if the people are too independent and capable of ruling, they may wish to extend their powers and attempt to rule over others. (PS)

  17. Distinguishing Limitation on Constitutional Rights from Their ...

    African Journals Online (AJOL)

    Suspension of and limitation on fundamental rights and freedoms are justified violations of constitutional rights. Temporary suspension of some fundamental rights and freedoms can be made on the ground of a state of emergency. Since most constitutional rights are not absolute, they can be limited on basis of national ...

  18. Diffusion of innovations theory applied to global tobacco control treaty ratification.

    Science.gov (United States)

    Valente, Thomas W; Dyal, Stephanie R; Chu, Kar-Hai; Wipfli, Heather; Fujimoto, Kayo

    2015-11-01

    This study applies diffusion of innovations theory to understand network influences on country ratification of an international health treaty, the Framework Convention for Tobacco Control (FCTC). From 2003 to 2014 approximately 90% of United Nations member countries ratified the FCTC. We hypothesized that communication between tobacco control advocates on GLOBALink, a 7000-member online communication forum in existence from 1992 to 2012, would be associated with the timing of treaty ratification. We further hypothesized dynamic network influences such that external influence decreased over time, internal influence increased over time, and the role of opinion leader countries varied over time. In addition we develop two concepts: Susceptibility and influence that uncover the micro-level dynamics of network influence. Statistical analyses lend support to the influence of co-subscriptions on GLOBALink providing a conduit for inter-country influences on treaty ratification and some support for the dynamic hypotheses. Analyses of susceptibility and infection indicated particularly influential countries. These results have implications for the study of policy diffusion as well as dynamic models of behavior change. Copyright © 2015 The Authors. Published by Elsevier Ltd.. All rights reserved.

  19. Preparation for the Nuclear Non-Proliferation Treaty Extension Conference in 1995

    International Nuclear Information System (INIS)

    Chrzanowski, P.L.

    1993-01-01

    About 30 specialists in non-proliferation participated in a workshop to explore ideas for US Government preparatory steps leading to the 1995 Nuclear Non-Proliferation Treaty (NPT) Extension Conference. To that end, workshop sessions were devoted to reviewing the lessons learned from previous Review Conferences, discussing the threats to the non-proliferation regime together with ways of preserving and strengthening it, and examining the management of international nuclear commerce. A fundamental premise shared by workshop participants was that extension of the NPT is immensely important to international security. The importance of stemming proliferation and, more specifically, extending the Treaty, is growing as a result of the significant changes in the world. If the conferees of the Extension Conference decide on no extension or extension for a short limited duration, some technically advanced states that have foregone development of nuclear weapons may begin to rethink their options. Also, other arms control measures, such as the Chemical Weapons Convention, could start to unravel. The US must provide strong international leadership to ensure that the Extension Conference is a success, resulting in Treaty extension, perhaps through successive terms, into the indefinite future. Workshop participants were struck by the urgent need for the US to take organizational steps so that it is highly effective in its advance preparations for the Extension Conference. Moreover, the Extension Conference provides both a challenge and an opportunity to mold a cohesive set of US policy actions to define the future role of nuclear weapons and combat their proliferation

  20. Treaty-Port English in Nineteenth-Century Shanghai: Speakers, Voices, and Images

    Directory of Open Access Journals (Sweden)

    Jia Si

    2013-03-01

    Full Text Available This article examines the introduction of English to the treaty port of Shanghai and the speech communities that developed there as a result. English became a sociocultural phenomenon rather than an academic subject when it entered Shanghai in the 1840s, gradually generating various social activities of local Chinese people who lived in the treaty port. Ordinary people picked up a rudimentary knowledge of English along trading streets and through glossary references, and went to private schools to improve their linguistic skills. They used English to communicate with foreigners and as a means to explore a foreign presence dominated by Western material culture. Although those who learned English gained small-scale social mobility in the late nineteenth century, the images of English-speaking Chinese were repeatedly criticized by the literati and official scholars. This paper explores Westerners’ travel accounts, as well as various sources written by the new elite Chinese, including official records and vernacular poems, to demonstrate how English language acquisition brought changes to local people’s daily lives. I argue that treaty-port English in nineteenth-century Shanghai was not only a linguistic medium but, more importantly, a cultural agent of urban transformation. It gradually molded a new linguistic landscape, which at the same time contributed to the shaping of modern Shanghai culture.

  1. The competences of European Union institutions in the trade policy (Lisbon Treaty

    Directory of Open Access Journals (Sweden)

    Margareta Timbur

    2010-12-01

    Full Text Available The European Union is the best known at the world’s leading trade power and the common trade policy is the core of EU external relations. The events of the last years and the extension of the EU to 27 member proved that the functioning system could no longer continue and was requiring a new institutional framework. The Lisbon Treaty was the right solution. It purposes are to bring changes for the citizens, institutions, external relations foe the consolidation of democracy in EU. This paper attempts to provide an overview of the major revisions introduced by the Treaty of Lisbon regarding the trade policy. Also, it analyses the extension and clarification of EU competence, the greater role of the European Parliament and the inclusion of investment policy in trade policy, the voting rules in trade area and the international negotiation of trade agreements. The study describes, as well, the impact of Lisbon Treaty implementation on the MS which are independent nations, but without power of decision in the common trade policy.

  2. Why nafta failed and what's needed to protect workers' health and safety in international trade treaties.

    Science.gov (United States)

    Brown, Garrett

    2005-01-01

    Labor standards, including occupational health and safety regulations and enforcement, are being subjected to intense downward pressures as a result of fundamental shifts in the global economy. The 1994 North American Free Trade Agreement (NAFTA) was the first trade treaty that attempted to promote and protect workplace health and safety through a "labor side agreement." NAFTA failed to protect workers' health and safety due to the weaknesses of the side agreement's text; the political and diplomatic considerations limiting its implementation; and the failure to recognize and address the economic context, and political consequences of this context, in which the agreement was implemented. Subsequent trade treaties, both bilateral and regional, have not overcome the weaknesses of NAFTA. The treaty components needed to protect workers' health in future trade agreements are: 1) a minimum floor of occupational health and safety regulations; 2) an "upward harmonization" of regulatory standards and actual practice; 3) inclusion of employers so that they have formal responsibility and liability for violations of the standards; 4) effective enforcement of national regulations and international standards; 5) transparency and public participation; and 6) recognition of disparate economic conditions among trading partners and provision of financial and technical assistance to overcome economic disincentives and lack of resources. Also required are continued actions by non-governmental actors, including the workers themselves and civil society organizations.

  3. Radionuclide observables during the Integrated Field Exercise of the Comprehensive Nuclear-Test-Ban Treaty

    International Nuclear Information System (INIS)

    Burnett, Jonathan L.; Miley, Harry S.; Milbrath, Brian D.

    2016-01-01

    In 2014 the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) undertook an Integrated Field Exercise (IFE14) in Jordan. The exercise consisted of a simulated 0.5–2 kT underground nuclear explosion triggering an On-site Inspection (OSI) to search for evidence of a Treaty violation. This research paper evaluates two of the OSI techniques used during the IFE14, laboratory-based gamma-spectrometry of soil samples and in-situ gamma-spectrometry, both of which were implemented to search for 17 OSI relevant particulate radionuclides indicative of nuclear explosions. The detection sensitivity is evaluated using real IFE and model data. It indicates that higher sensitivity laboratory measurements are the optimum technique during the IFE and within the Treaty/Protocol-specified OSI timeframes. - Highlights: • The 2014 Integrated Field Exercise occurred in Jordan. • The detection sensitivity for two On-site Inspection techniques was evaluated. • The techniques search for 17 particulate radionuclides indicative of nuclear explosions. • Laboratory-based gamma-spectrometry of soil samples was the optimum technique.

  4. Minors do not punishable . ¿Is it consistent with your legislative situation the constitution and international treaties incorporated into it?

    OpenAIRE

    Anselmino, Valeria L.

    2014-01-01

    El fenómeno de la mal llamada “Delincuencia de Menores” no deja de ser portada de diarios y revistas, como así tampoco es ajena al tratamiento doctrinario y legislativo. La vida moderna muestra a nuestros jóvenes una serie de expectativas y objetivos, de difícil acceso a través de los medios convencionales. La sensación de frustración y de falta de incentivos en que los mismos se ven envueltos resultan el empujón final hacia el camino del delito. A lo que se suma la crisis de la fam...

  5. SMART POINT CLOUD: DEFINITION AND REMAINING CHALLENGES

    Directory of Open Access Journals (Sweden)

    F. Poux

    2016-10-01

    Full Text Available Dealing with coloured point cloud acquired from terrestrial laser scanner, this paper identifies remaining challenges for a new data structure: the smart point cloud. This concept arises with the statement that massive and discretized spatial information from active remote sensing technology is often underused due to data mining limitations. The generalisation of point cloud data associated with the heterogeneity and temporality of such datasets is the main issue regarding structure, segmentation, classification, and interaction for an immediate understanding. We propose to use both point cloud properties and human knowledge through machine learning to rapidly extract pertinent information, using user-centered information (smart data rather than raw data. A review of feature detection, machine learning frameworks and database systems indexed both for mining queries and data visualisation is studied. Based on existing approaches, we propose a new 3-block flexible framework around device expertise, analytic expertise and domain base reflexion. This contribution serves as the first step for the realisation of a comprehensive smart point cloud data structure.

  6. Smart Point Cloud: Definition and Remaining Challenges

    Science.gov (United States)

    Poux, F.; Hallot, P.; Neuville, R.; Billen, R.

    2016-10-01

    Dealing with coloured point cloud acquired from terrestrial laser scanner, this paper identifies remaining challenges for a new data structure: the smart point cloud. This concept arises with the statement that massive and discretized spatial information from active remote sensing technology is often underused due to data mining limitations. The generalisation of point cloud data associated with the heterogeneity and temporality of such datasets is the main issue regarding structure, segmentation, classification, and interaction for an immediate understanding. We propose to use both point cloud properties and human knowledge through machine learning to rapidly extract pertinent information, using user-centered information (smart data) rather than raw data. A review of feature detection, machine learning frameworks and database systems indexed both for mining queries and data visualisation is studied. Based on existing approaches, we propose a new 3-block flexible framework around device expertise, analytic expertise and domain base reflexion. This contribution serves as the first step for the realisation of a comprehensive smart point cloud data structure.

  7. The Human Remains from HMS Pandora

    Directory of Open Access Journals (Sweden)

    D.P. Steptoe

    2002-04-01

    Full Text Available In 1977 the wreck of HMS Pandora (the ship that was sent to re-capture the Bounty mutineers was discovered off the north coast of Queensland. Since 1983, the Queensland Museum Maritime Archaeology section has carried out systematic excavation of the wreck. During the years 1986 and 1995-1998, more than 200 human bone and bone fragments were recovered. Osteological investigation revealed that this material represented three males. Their ages were estimated at approximately 17 +/-2 years, 22 +/-3 years and 28 +/-4 years, with statures of 168 +/-4cm, 167 +/-4cm, and 166cm +/-3cm respectively. All three individuals were probably Caucasian, although precise determination of ethnicity was not possible. In addition to poor dental hygiene, signs of chronic diseases suggestive of rickets and syphilis were observed. Evidence of spina bifida was seen on one of the skeletons, as were other skeletal anomalies. Various taphonomic processes affecting the remains were also observed and described. Compact bone was observed under the scanning electron microscope and found to be structurally coherent. Profiles of the three skeletons were compared with historical information about the 35 men lost with the ship, but no precise identification could be made. The investigation did not reveal the cause of death. Further research, such as DNA analysis, is being carried out at the time of publication.

  8. What remains of the Arrow oil?

    International Nuclear Information System (INIS)

    Sergy, G.; Owens, E.

    1993-01-01

    In February 1970, the tanker Arrow became grounded 6.5 km off the north shore of Chedabucto Bay, Nova Scotia, and nearly 72,000 bbl of Bunker C fuel oil were released from the vessel during its subsequent breakup and sinking. The oil was washed ashore in various degrees over an estimated 305 km of the bay's 604-km shoreline, of which only 48 km were cleaned. In addition, the tanker Kurdistan broke in two in pack ice in March 1979 in the Cabot Strait area, spilling ca 54,000 bbl of Bunker C, some of which was later found at 16 locations along the northeast and east shorelines of Chedabucto Bay. In summer 1992, a systematic ground survey of the bay's shorelines was conducted using Environment Canada Shoreline Cleanup Assessment Team (SCAT) procedures. Standard observations were made of oil distribution and width, thickness, and character of the oil residues in 419 coastal segments. Results from the survey are summarized. Oil was found to be present on 13.3 km of the shoreline, with heavy oiling restricted to 1.3 km primarily in the areas of Black Duck Cove and Lennox Passage. Some of this residual oil was identified as coming from the Arrow. Natural weathering processes account for removal of most of the spilled oil from the bay. Oil remaining on the shore was found in areas outside of the zone of physical wave action, in areas of nearshore mixing where fine sediments are not present to weather the oil through biophysical processes, or in crusts formed by oil weathered on the surface. The systematic description of oiled shorelines using the SCAT methodology proved very successful, even for such an old spill. 6 refs

  9. Ghost Remains After Black Hole Eruption

    Science.gov (United States)

    2009-05-01

    NASA's Chandra X-ray Observatory has found a cosmic "ghost" lurking around a distant supermassive black hole. This is the first detection of such a high-energy apparition, and scientists think it is evidence of a huge eruption produced by the black hole. This discovery presents astronomers with a valuable opportunity to observe phenomena that occurred when the Universe was very young. The X-ray ghost, so-called because a diffuse X-ray source has remained after other radiation from the outburst has died away, is in the Chandra Deep Field-North, one of the deepest X-ray images ever taken. The source, a.k.a. HDF 130, is over 10 billion light years away and existed at a time 3 billion years after the Big Bang, when galaxies and black holes were forming at a high rate. "We'd seen this fuzzy object a few years ago, but didn't realize until now that we were seeing a ghost", said Andy Fabian of the Cambridge University in the United Kingdom. "It's not out there to haunt us, rather it's telling us something - in this case what was happening in this galaxy billions of year ago." Fabian and colleagues think the X-ray glow from HDF 130 is evidence for a powerful outburst from its central black hole in the form of jets of energetic particles traveling at almost the speed of light. When the eruption was ongoing, it produced prodigious amounts of radio and X-radiation, but after several million years, the radio signal faded from view as the electrons radiated away their energy. HDF 130 Chandra X-ray Image of HDF 130 However, less energetic electrons can still produce X-rays by interacting with the pervasive sea of photons remaining from the Big Bang - the cosmic background radiation. Collisions between these electrons and the background photons can impart enough energy to the photons to boost them into the X-ray energy band. This process produces an extended X-ray source that lasts for another 30 million years or so. "This ghost tells us about the black hole's eruption long after

  10. CONSTITUTIONAL INTERPRETATION OF ROMANIA: POST MODERNITY

    Directory of Open Access Journals (Sweden)

    P. RATHNASWAMY

    2017-06-01

    Full Text Available Austria had in 1920 Constitutional Court followed by Italy in 1946, Germany in 1949, Romania in 1989, South Africa in 1991, and Ethiopia in 1995. Each Constitution has its provisions on the constitutional interpretation. Romania has its own provisions and it is considered here its legality and the best possible measures and recommendations for future. Judicial power is vested in judiciary to interpret constitution, laws, and actions of other organs of government. Judicial review is the function resulted upon judicial power. Political body joins through the appointment of its members in the judicial review and it limits the independence of judiciary. It also reduces the values of separation of powers. Challenges and opportunities of growth and development do influence the spirit of separation of powers and judicial independence. The principle of inherent judicial power in judiciary inducts upon the constitutional interpretation. Thus, the principles of constitutional interpretation are varying in Romania and other similar constitutional courts of Germany, Ethiopia, and Italy but not in South Africa.

  11. Closing in on the constitution of consciousness

    Science.gov (United States)

    Miller, Steven M.

    2014-01-01

    The science of consciousness is a nascent and thriving field of research that is founded on identifying the minimally sufficient neural correlates of consciousness. However, I have argued that it is the neural constitution of consciousness that science seeks to understand and that there are no evident strategies for distinguishing the correlates and constitution of (phenomenal) consciousness. Here I review this correlation/constitution distinction problem and challenge the existing foundations of consciousness science. I present the main analyses from a longer paper in press on this issue, focusing on recording, inhibition, stimulation, and combined inhibition/stimulation strategies, including proposal of the Jenga analogy to illustrate why identifying the minimally sufficient neural correlates of consciousness should not be considered the ultimate target of consciousness science. Thereafter I suggest that while combined inhibition and stimulation strategies might identify some constitutive neural activities—indeed minimally sufficient constitutive neural activities—such strategies fail to identify the whole neural constitution of consciousness and thus the correlation/constitution distinction problem is not fully solved. Various clarifications, potential objections and related scientific and philosophical issues are also discussed and I conclude by proposing new foundational claims for consciousness science. PMID:25452738

  12. MINISTERIAL LIABILITY IN THE ROMANIAN CONSTITUTIONAL SYSTEM

    Directory of Open Access Journals (Sweden)

    NICOLAE PAVEL

    2013-05-01

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

  13. Competition And Antitrust Law In Ecuadorian Constitution

    Directory of Open Access Journals (Sweden)

    Marcelo Marín Sevilla

    2013-01-01

    Full Text Available This work allows us to establish the Economic Constitution and the Competition Law (C.L in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and appropriate with the Constitution of Ecuador. The Competition and Antitrust Laws has rules for investigating and punishing the cartels, the abuses of power market (dominant position, the rules for merger control, the behaviors of Abuse of economic dependence, and unfair competition behaviors. Always the Antitrust Authority will analyze these behaviors in terms of welfare of both: the consumer and the market.

  14. The constitutional control system in Colombia

    Directory of Open Access Journals (Sweden)

    Luis Javier Moreno Ortiz

    2010-12-01

    Full Text Available The system of constitutional control in Colombia designed in the Legislative Act n.º 3 of 1910 is a milestone in a long and fruitful political and constitutional tradition owes much to his Hispanic roots and its American developments. Both the public action of unconstitutionality as the plea of unconstitutionality have clear precedents in the constitutionalism of Spain and the Colony were prepared by a Constituent Assembly acted with knowledge and faithfulness to that tradition and have been and are institutions of our capital social and democratic state of law.

  15. New constraints on mobility in Europe: Policy response to European crises or constitutional ambiguity?

    Directory of Open Access Journals (Sweden)

    Izabela Jędrzejowska-Schiffauer

    2017-10-01

    Full Text Available This paper investigates the effectiveness of recent measures undertaken by the governments of some European Union Member States such as the United Kingdom, Germany and Poland as well as of non-EU European countries such as Switzerland in order to face growing concerns in the public opinion with the increase of transnational migration flows on European continent. The authors analyse selected legislative, regulatory and administrative measures motivated by objectives of migration policy or affecting the mobility of workers, taken in the aftermath of the economic and financial crisis. They argue that, albeit political discourse unfavourable on immigration and migrant workers has become the mainstream in some countries, the measures taken by national governments and legislators seldom involve direct constraints on the free movement of workers which is safeguarded by EU treaty provisions. However, concrete examples illustrate that access of such workers to social security benefits has been restricted through making use of certain derogations from the principle of equal treatment allowed under EU law. In some cases national legislators had to abandon plans to limit directly the free movement of workers, because the envisaged provisions were incompatible with the EU Treaties. With regard to social security, regulatory measures and administrative actions may have effectively implemented national policy concerns with large-scale migration movements. In general, it could be concluded that the European Union, while struggling against multiple crises, has taken a not fully favourable approach to free movement and migration of EU citizens. The present political climate unfavourable to intra-European migration may be understood, from the perspective of historical analysis, as an expression of constitutional ambiguity underlying the European Union’s normative framework, consisting in a gap between its formally recognised noble values and the mentalities

  16. The Relationship Between Domestic Law and International Law : The Impacts on the Legal Daily Brazilian under the Perspective of Constitutionality Block Expansion

    Directory of Open Access Journals (Sweden)

    Luciane Klein Vieira

    2016-06-01

    Full Text Available The relationship between domestic law and international law, carried out by court decisions, is a recurring theme of both international human rights law and constitutional law. This article aims to portray the interactions between domestic law and international law, with emphasis on Brazil, taking into account the internal rules and judicial practice. Therefore, we will use the dogmatic method, which involves analyzing the rules on the subject in the international and domestic front, with empirical perspective, with a view to analysis of cases in which the issue was raised, in particular the possible existence constitu- tionality block and its growth because human rights treaties ratified by Brazil.

  17. Free primary education in Colombia: some arguments of constitutional and international law.

    Directory of Open Access Journals (Sweden)

    Camilo Ernesto Castillo-Sánchez

    2010-06-01

    Full Text Available Colombia is the only country in Latin America which State does not permit that primary education being free. As a consequence the government has not being interested in outlining a policy about free primary education. However, the Colombian constitution has rules that allow use treaties about human rights to interpret their own national rules. Through this technique of constitutional interpretation is possible to defend free primary education as an obligation. Colombia can´t ignore it. In fact, the Corte Constitucional has protected the access and the permanency in educational system based on International Law. In this kind of arguments, reasons about economical costs are irrelevant since right to education has had universal recognition. Our thesis is that there is no reason for Colombia to restrict right to education through the imposition of costs. This idea finds support in the fact that free primary education allows access and permanency in educational system. In addition free primary education is the best way to overcome economical obstacles which affect the right of education. First of all, this article will describe the obligations of Colombia regarding International Law, after that, we will analyze the decisions of the Corte Constitucional. Finally we will pose a conclusion that outlines some topics for future research.

  18. Dynamic constitutional frameworks for DNA biomimetic recognition.

    Science.gov (United States)

    Catana, Romina; Barboiu, Mihail; Moleavin, Ioana; Clima, Lilia; Rotaru, Alexandru; Ursu, Elena-Laura; Pinteala, Mariana

    2015-02-07

    Linear and cross-linked dynamic constitutional frameworks generated from reversibly interacting linear PEG/core constituents and cationic sites shed light on the dominant coiling versus linear DNA binding behaviours, closer to the histone DNA binding wrapping mechanism.

  19. Constitutive equation of concrete: Mesomechanical isotropic model

    Czech Academy of Sciences Publication Activity Database

    Kafka, Vratislav; Vokoun, David

    2005-01-01

    Roč. 1, č. 2 (2005), s. 183-193 ISSN 1573-6105 Institutional research plan: CEZ:AV0Z20710524 Keywords : plasticity * constitutive modeling * concrete * mesomechanics Subject RIV: JI - Composite Materials

  20. Social rights constitutionalism: an antagonistic endorsement

    OpenAIRE

    Christodoulidis, Emilios

    2017-01-01

    The article discusses how we might understand solidarity as the organizing concept behind the institutionalization of social rights. I argue that writing solidarity into social rights constitutionalism carries productive tension into constitutional thinking because it disturbs the smooth passage from civil to political and finally to social rights. Marshall's influential argument that social rights are continuous to civil and political rights has become both the grounding assumption in consti...

  1. Constitutional rights and hypnotically elicited testimony.

    Science.gov (United States)

    Newman, A W; Thompson, J W

    1999-01-01

    Despite the former popularity of hypnosis as a way of "improving" eyewitness memory, many courts almost always regard the use of this testimony to be inadmissible, whereas others allow it only when strict procedural guidelines have been followed. Although the U.S. Supreme Court recognized a defendant's constitutional right to admit his own hypnotically elicited testimony, others have recognized a constitutional basis to exclude hypnotically elicited testimony in most other circumstances.

  2. On the constitutionality of dose limiting values

    International Nuclear Information System (INIS)

    Goetz, V.

    1976-01-01

    The fundamental right according to Art. 2 par. 2 sentence 1 of the German Constitution is relevant for the set-up and application of radiation protection law. Resulting from Art. 2 par. 2 sentence 1 of the Constitution it is a general obligation of the state to protect life (Federal Constitutional Court, judgment of 25th Feb., 1975, BVerfGE 39.1) and physical soundness. The subjective basic right of everybody to defend against official encroachments his personal integrity corresponds to the right of the individual within the framework of the official obligation for protection from the state (to ward off danger). The term of danger, as to the degree of its determination, corresponds to that of the encroachment. To speak of danger in a legal sense, the causal connection between a certain source of danger and certain damage must be ascertained and proved. Topical controversies as to the admissibility of activity discharges of low doses range in the field of risk reduction and thus in the field of the duty of the state to take precautionary steps against risks (Art. 2 par. 2 sentence 1 of the Constitution). The constitution, however, does not contain any basic right that every risk has to be avoided. On the other hand, the necessity of cautions valuation of radiation risks can be derived from the Constitution. The fixation of dose limits and their application in connection with general radiation protection principles (paragraph 28 E of the Radiation Protection Ordinance) do not contain any 'interference' with the basic right in the sense of Art. 2 par. 2 sentence 3 of the Constitution. Neither from aspects of the principle of the legal state nor from Art. 80 par. 1 of the Constitution can the use of the legal form of the Ordinance be doubted. (orig./HP) [de

  3. Briquettes of plant remains from the greenhouses of Almeria (Spain)

    Energy Technology Data Exchange (ETDEWEB)

    Callejon-Ferre, A. J.; Lopez-Martinez, J. A.

    2009-07-01

    Since ancient times, plant biomass has been used as a primary fuel, and today, with the impending depletion of fossil fuels, these vegetal sources constitute a cleaner alternative and furthermore have a multitude of uses. The aim of the present study is to design a method of recycling and reuse of plant wastes from intensive agriculture under plastic, by manufacturing briquettes in an environmentally friendly manner. In Almeria (SE Spain), agriculture generates 769,500 t year{sup -}1 of plant remains from greenhouse-grown horticultural crops, a resource currently used for composting and for producing electricity.With the machinery and procedures of the present study, another potential use has been developed by detoxifying and eliminating the plastic wastes of the original biomass for the fabrication of briquettes for fireplaces. The results were slightly inferior to the commercial briquette from other non-horticultural plant materials (no forestry material), specifically 2512 kJ kg{sup -}1, in the least favourable case. On the contrary, the heating value with respect to the two charcoals was significantly lower, with a difference of 12,142 kJ kg{sup -}1. In conclusion; a procedure, applicable in ecological cultivation without agrochemicals or plastic cords, has been developed and tested to reuse and transform plant materials from intensive cultivation into a stable non-toxic product similar to composite logs, applicable in commercial settings or in residential fireplaces. (Author) 48 refs.

  4. Demonstration of “substantial research activity” to acquire consultative status under the Antarctic Treaty

    Directory of Open Access Journals (Sweden)

    Andrew D. Gray

    2016-12-01

    Full Text Available Antarctic Treaty Consultative Parties are entitled to participate in consensus-based governance of the continent through the annual Antarctic Treaty Consultative Meetings. To acquire consultative status, an interested Party must demonstrate “substantial research activity,” but no agreed mechanism exists to determine whether a Party has fulfilled this criterion. Parties have generally demonstrated substantial research activity with the construction of a research station, as suggested within the Treaty itself. However, this largely demonstrates logistical capacity, rather than research activity, and often results in major and persistent impacts on Antarctic terrestrial environments. Our study found that national investment in Antarctic infrastructure, estimated by the number of bed spaces at stations, was not a reliable indicator of scientific output. Therefore, we investigated metrics to evaluate research activity directly, and identified both the overall number of Antarctic papers and the proportion of national scientific output these represented as meaningful metrics. Such metrics could (1 demonstrate a nation's level of research activity in Antarctica or (2 help Consultative Parties assess the level of research activity undertaken by a Party seeking to acquire consultative status. Our data showed that, even without land-based Antarctic infrastructure, Canada, Denmark and Switzerland may have reasonable grounds to demonstrate “substantial research activity” on a level comparable with existing Consultative Parties. The use of these metrics may help dispel any perceived requirement for the establishment of a research station to reach consultative status, by putting a greater emphasis on generation of scientific research outputs rather than construction of Antarctic infrastructure.

  5. SEVEN KEY INSTITUTIONS OF THE EUROPEAN UNION- VALIDATED BY THE LISBON TREATY

    Directory of Open Access Journals (Sweden)

    Elena\tIFTIME

    2015-06-01

    Full Text Available The seven institutions of the EU, which the title of this articles announces, structure the institutional basis of the Common European Home, considered to be the emblem of the most dynamic and complex, the most institutionalized and discussed (even controversial regional integration process. Building the Community Europe has began by the establishment of the Communities having 3 political institutions which represented in the evolution of the integration process, the triangle that ensured the coherence and the continuity of the Community actions: Council of Ministers, European Commission and the Assembly to which was added the Court and from 1974 the European Council as an indicative body. The five main institutions have formed the Community institutional system which over time had mainly guidance competences, of decision and direction (Council of Ministers, the Commission and the European Council or control skills ( the European Parliament and the Court of Justice. Since 1975, the institutional structure was strengthened through the creation of a Court of Auditors with general competences of checking accounts and discharge in Community activities. Maastricht Treaty 1992 (1993 raises this body to the rank of Community institution, without substantially altering its powers. The 6 Community institutions were supplemented by validating the status of Community institution of the ECB by the Lisbon Treaty 2007 (2009. ECB together with the national central banks of the Member States whose currency is the euro make up the Eurosystem. Through the Lisbon Treaty, the institutional structure was subjected to a process of improvement and strengthening of the EU which functions currently through the 7 institutions, interdependent, which are in a complementary relationship determined by the common goals which they pursue in Europe and in relations with other parts of the world.

  6. Prohibiting and Preventing Nuclear Explosions: Background Information for Parliamentarians on the Comprehensive Nuclear-Test-Ban Treaty (CTBT)

    International Nuclear Information System (INIS)

    2010-07-01

    The object and purpose of the CTBT is to ban comprehensively nuclear weapon test explosions and any other nuclear explosion in any environment in an effectively verifiable manner. The CTBT aims at eliminating nuclear weapons by constraining the development and qualitative improvement of new or more advanced nuclear weapons. It plays a crucial role in the prevention of nuclear proliferation and in nuclear disarmament, thus contributing to a safer and more secure world. When the Treaty enters into force it will establish a treaty-implementing body (the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO)), including an on-site inspection mechanism and confidence-building measures as well as an International Monitoring System (IMS) and International Data Centre (IDC). The IMS and IDC are already being created and are being provisionally operated during the preparatory phase by the Preparatory Commission for the CTBTO and its Provisional Technical Secretariat in Vienna. Seismic, hydroacoustic, infrasound and radionuclide data are collected through the stations of the IMS and transmitted to Member States via the IDC. The IDC also processes the raw data received from the stations to derive objective products and services which will support the Treaty verification responsibilities. If the collected and analysed data indicate an ambiguous event, States may address concerns about possible noncompliance with the Treaty through a consultation and clarification process after it enters into force and may request an on-site inspection by the CTBTO.

  7. Selected Examples of LDRD Projects Supporting Test Ban Treaty Verification and Nonproliferation

    Energy Technology Data Exchange (ETDEWEB)

    Jackson, K. [Lawrence Livermore National Lab. (LLNL), Livermore, CA (United States); Al-Ayat, R. [Lawrence Livermore National Lab. (LLNL), Livermore, CA (United States); Walter, W. R. [Lawrence Livermore National Lab. (LLNL), Livermore, CA (United States)

    2015-02-23

    The Laboratory Directed Research and Development (LDRD) Program at the DOE National Laboratories was established to ensure the scientific and technical vitality of these institutions and to enhance the their ability to respond to evolving missions and anticipate national needs. LDRD allows the Laboratory directors to invest a percentage of their total annual budget in cutting-edge research and development projects within their mission areas. We highlight a selected set of LDRD-funded projects, in chronological order, that have helped provide capabilities, people and infrastructure that contributed greatly to our ability to respond to technical challenges in support of test ban treaty verification and nonproliferation.

  8. The treaty for the prohibition of nuclear weapons in Latin America and the Caribbean

    International Nuclear Information System (INIS)

    1994-01-01

    The text of the statement, made by Ambassador Carlos Portales Cifuentes, Director General for Foreign Policy of the Ministry of External Relations of Chile, during the VIII. Special Session of the General Conference of the Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (OPANAL) on the occasion of Chile's becoming a Contracting Party to the Tlatelolco Treaty, is being circulated for the information of all Member States of the Agency at the request of the Alternate to the Resident Representative of Chile

  9. The Energy Charter Treaty and settlement of disputes – current challenges

    Directory of Open Access Journals (Sweden)

    Iuliana-Gabriela Iacob

    2016-06-01

    Full Text Available The Energy Charter Treaty (the “ECT” is a multilateral agreement aiming to promote energy cooperation and security. This paper focuses on the provisions of the ECT governing the protection of foreign investments and the settlement of disputes between investors and host states. In particular, this paper analyses the recent developments and challenges in the field of dispute settlement under the ECT, such as the increase in arbitrations, the withdrawal of Italy from the ECT, as well as the interplay between EU law and the ECT.

  10. Education as a right in international treatie: A reading from inclusive education

    Directory of Open Access Journals (Sweden)

    María Montanchez Torres

    2015-12-01

    Full Text Available This article presents a theoretical review of education as a right, in international treaties and the evolution of the concept of inclusive education from a diverse multi and intercultural perspective. This article is part of a doctoral thesis from Valencia, Spain, researched in Ecuador. Inclusive education proposes quality education for everyone, demanding a response from competent institutions to develop a tolerant culture to difference in defense of human rights and equal opportunity. This essay facilitates guidelines that develop and support the construction of inclusive classrooms by education professionals at a primary school level as well as at a university level.

  11. Statements commemorating the twentieth anniversary of the Treaty on the Non-Proliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    1988-08-01

    The document reproduces the following statements commemorating the twentieth anniversary of the Treaty on the Non-proliferation of Nuclear Weapons: Statement by the Secretary-General of the United Nations, statements on behalf of the depository Governments and statements on behalf of other Governments (Australia, Bangladesh, Canada, Costa Rica, Cyprus, Czechoslovakia, Egypt, Federal Republic of Germany, Greece, Hungary, Ireland, Japan, Liechtenstein, Mexico, the Netherlands, New Zealand, Solomon Islands, Spain, Sri Lanka, Switzerland, Thailand, Trinidad and Tobago, Western Samoa and Nordic Countries - Denmark, Finland, Iceland, Norway and Sweden)

  12. Get SMART: the case for a strategic materials reduction treaty, and its implementation

    International Nuclear Information System (INIS)

    Numark, N.J.

    1996-01-01

    Inventories of weapons plutonium removed from nuclear warheads should be reduced as quickly as possible to prevent large-scale rearmament by the United States or Russia and to minimize the risk of theft or sabotage by a sub-national group. The U.S. and Russia should agree to a Strategic Materials Reduction Treaty (SMART) establishing an aggressive timetable for manual reduction of national security needs and schedule the final disposition of this material. An aggressive disarmament timetable will require an aggressive implementation program. This should take advantage of available resources within the U.S. and Russia as well as in third countries, including potentially both reactor and immobilization options, as long as stringent safeguards and security can be guaranteed at all participating facilities. Many existing light water reactors in the U.S. are well suited to the purpose, and several private operators of these plants have formally expressed interest to the U.S. government in providing such service. Russian fast and light water reactors appear to be less readily available to burn weapons plutonium. Russia, the United States and other G-7 countries should develop international programs to facilitate the most rapid possible reduction in weapons plutonium inventories, consistent with SMART. Such international co-operation would add credibility and transparency to the nuclear disarmament process in the spirit of the Non-Proliferation Treaty, and could add momentum toward the conclusion of both a Comprehensive Test Ban Treaty and a Fissile Material Production Cut-off Treaty. This international program should take advantage of existing global infrastructure for the use of plutonium fuel as well as other capability (e.g., in the U.S. and Canada) that could supplement existing civilian Pu use plans, as well as vitrification or other immobilization facilities. In combination, it is reasonable to forecast a global capability to disposition at least 10 tons of weapons

  13. Loading method of core constituting elements

    International Nuclear Information System (INIS)

    Kasai, Shigeo

    1976-01-01

    Purpose: To provide a remote-controlled replacing method for core constituting elements in a liquid-metal cooling fast breeder, wherein particularly, the core constituting elements are prevented from being loaded on the core position other than as designated. Constitution: The method comprises a first step which determines a position of a suitable neutron shielding body in order to measure a reference level of complete insertion of the core constituting elements, a second step which inserts a gripper for a fuel exchanger, a third step which decides stroke dimensions of the complete insertion, and a fourth step which discriminates the core constituting elements to begin handling of fuel rods. The method further comprises a fifth step which determines a loading position of fuel rod, and a sixth step which inserts and loads fuel rods into the core. The method still further comprises a seventh step which compares and judges the dimension of loading stroke and the dimension of complete inserting stroke so that when coincided, loading is completed, and when not coincided, loading is not completed and then the cycle of the fourth step is repeated. (Kawakami, Y.)

  14. A constitutive theory of reacting electrolyte mixtures

    Science.gov (United States)

    Costa Reis, Martina; Wang, Yongqi; Bono Maurizio Sacchi Bassi, Adalberto

    2013-11-01

    A constitutive theory of reacting electrolyte mixtures is formulated. The intermolecular interactions among the constituents of the mixture are accounted for through additional freedom degrees to each constituent of the mixture. Balance equations for polar reacting continuum mixtures are accordingly formulated and a proper set of constitutive equations is derived with basis in the Müller-Liu formulation of the second law of thermodynamics. Moreover, the non-equilibrium and equilibrium responses of the reacting mixture are investigated in detail by emphasizing the inner and reactive structures of the medium. From the balance laws and constitutive relations, the effects of molecular structure of constituents upon the fluid flow are studied. It is also demonstrated that the local thermodynamic equilibrium state can be reached without imposing that the set of independent constitutive variables is time independent, neither spatially homogeneous nor null. The resulting constitutive relations presented throughout this work are of relevance to many practical applications, such as swelling of clays, developing of bio and polymeric membranes, and use of electrorheological fluids in industrial processes. The first author acknowledges financial support from National Counsel of Technological and Scientific Development (CNPq) and German Academic Exchange Service (DAAD).

  15. 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.

  16. Lisbon Treaty

    Directory of Open Access Journals (Sweden)

    Ylber Sela

    2010-04-01

    Full Text Available The desire to belong in a individual culture means to possess a clear vision for the world, a road map that guides its followers towards the proper understanding of the planet’s past present and future. An established mythology of apparent national identities in the Balkans is somewhat unnaturally reinforced to justify conflicts between religious and ethnic groups, caused as a result of the national identities intertwined among themselves, an element essentially more influential than existence of national identities. For centuries Christians and Muslims in the Balkans have been living in peace, however a few Balkan Societies continue to use violence, national extremism, xenophobia as well as a contemporary practice to solve their problems. A legitimate question can be raised in relation to how common is religious influence used to cause violent and armed conflicts as compared to violence originating from ethnic cleansing, control over territory, political ideology and regional hegemony?

  17. Constitutional Fundamentals of Conscription and Some Aspects of the Ordinary Legal Regulation of Constitutionality

    Directory of Open Access Journals (Sweden)

    Kenstavičienė Kristina

    2015-12-01

    Full Text Available Article 139 of the Constitution of the Republic of Lithuania is one of the constitutional fundamentals of state defense and stipulates the defense of the state as the right of citizens on the one hand and the duty on the other. This article of the Constitution gives the legislative power the right of discretion to detail by law the order of the implementation of citizens’ duty to perform military or alternative country defense service. Due to the reorganization of the armed forces into a professional and volunteer army, the issue of some ordinary regulation rules concerning the constitutionality of nationwide conscription, though at present suspended but not abolished, is becoming urgent. Though the Constitutional Court of the Republic of Lithuania presented their ruling on the constitutionality of the suspension of military conscription, it does not mean that all problems related to conscription have been settled. The aim of this article is to analyze the constitutional basis of nationwide conscription as well as the constitutionality of some ordinary regulation provisions related to nationwide conscription. Therefore, the issue to be analyzed is whether nationwide conscription, if it were to be implemented, complies with the constitutional principles of human equality and military justice1. Consequently, the question is posed how the constitutional objective of ensuring the defense of the state determines conscription. Because of the growing employment of the army abroad, yet the dwindling demand for conscripts, it should be explored whether the suspension of the nationwide conscription as a part of the defense reform is further feasible in order to guarantee the defense of the state. In answering the raised questions, the author will analyze the abundant and long-lasting constitutional doctrine of Germany which provides clarifications of the Basic Law, as the legal act of the establishing power, which can doubtless be of assistance in

  18. The Trials and Tribulations of Constitutionalism and the Constitution Making Process in Zimbabwe

    OpenAIRE

    Mapuva, Jephias

    2015-01-01

    Constitutionalism in Zimbabwe has been characterised by controversy with citizens getting a raw deal. The colonial era was characterised by deprivation of basic rights and civil liberties. A plethora of constitutions were established to try and create a semblance of black representativity. The post-colonial era was informed by governance structures provided by the Lancaster House Constitutional document which was a surrender document that brought the protracted liberation struggle to an end. ...

  19. Extended constitutive laws for lamellar phases

    Directory of Open Access Journals (Sweden)

    Chi-Deuk Yoo

    2013-10-01

    Full Text Available Classically, stress and strain rate in linear viscoelastic materials are related by a constitutive relationship involving the viscoelastic modulus G(t. The same constitutive law, within Linear Response Theory, relates currents of conserved quantities and gradients of existing conjugate variables, and it involves the autocorrelation functions of the currents in equilibrium. We explore the consequences of the latter relationship in the case of a mesoscale model of a block copolymer, and derive the resulting relationship between viscous friction and order parameter diffusion that would result in a lamellar phase. We also explicitly consider in our derivation the fact that the dissipative part of the stress tensor must be consistent with the uniaxial symmetry of the phase. We then obtain a relationship between the stress and order parameter autocorrelation functions that can be interpreted as an extended constitutive law, one that offers a way to determine them from microscopic experiment or numerical simulation.

  20. A survey of unified constitutive theories

    Science.gov (United States)

    Chan, K. S.; Lindholm, U. S.; Bodner, S. R.; Walker, K. P.

    1985-01-01

    The state of the art of time temperature dependent elastic viscoplastic constitutive theories which are based on the unified approach werre assessed. This class of constitutive theories is characterized by the use of kinetic equations and internal variables with appropriate evolutionary equations for treating all aspects of inelastic deformation including plasticity, creep, and stress relaxation. More than 10 such unified theories which are shown to satisfy the uniqueness and stability criteria imposed by Drucker's postulate and Ponter's inequalities are identified. The theories are compared for the types of flow law, kinetic equation, evolutionary equation of the internal variables, and treatment of temperature dependence. The similarities and differences of these theories are outlined in terms of mathematical formulations and illustrated by comparisons of theoretical calculations with experimental results which include monotonic stress-strain curves, cyclic hysteresis loops, creep and stress relaxation rates, and thermomechanical loops. Numerical methods used for integrating these stiff time temperature dependent constitutive equations are reviewed.

  1. The Text of the Agreement between Suriname and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Nonproliferation of Nuclear Weapons

    International Nuclear Information System (INIS)

    1979-04-01

    The text of the Agreement of 2 February 1979 and of the Protocol thereto between Suriname and the Agency for the application of safeguards in connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Treaty on the Non- Proliferation of Nuclear Weapons is reproduced in this document for the information of all Members. The Agreement entered into force, pursuant to Article 24, on 2 February 1979. The Protocol entered into force on the same day, pursuant to Article III thereof.

  2. A Federal Constitution for the European Union

    DEFF Research Database (Denmark)

    Sweeney, Richard J.

    2003-01-01

    A constitution is more likely to be accepted if it federalizes those issues that arewidely seen as needing complete harmonization. A constitution is more likely to endure if thefederal government does not have powers that are not vital to it but which may alienate somemember states to the point...... within and across member statesthat severely weaken the Union, conceivably contributing to eventual collapse. Insisting onharmonization of commercial codes does not have the destructive potential of attemptingcompletely to harmonize defense and foreign policies; it may, however, lead to needlessconflict...

  3. Catholic Modernity and the Italian Constitution

    DEFF Research Database (Denmark)

    Thomassen, Bjørn; Forlenza, Rosario

    2016-01-01

    project for the new Constitution had a considerable impact on modern Italian culture and politics and on the building of a modern mass democracy and welfare state. During the crucial historical juncture that followed the collapse of Fascism, Catholic politicians and intellectuals sought to interpret......This article analyzes the Catholic contribution to the Italian republican and democratic Constitution of 1948. The focus is on the specific way in which the Italian citizen became symbolically coded as a ‘person’ and not as an ‘individual’, inspired by Catholic social philosophy. The Catholic...

  4. World hazards and nuclear weapons: right and wrong answers. To reach a treaty of interdiction of nuclear weapons is possible

    International Nuclear Information System (INIS)

    Durand, Daniel; Nivet, Roland

    2017-01-01

    A first article notices that modernisation of nuclear weapons are resumed with the emergence of new nuclear temptations: ambitious modernisation programme in the USA, catching-up race by Russia to be able to pierce antimissile defences, Chinese modernisation, renewal of the British Trident programme, doubling of nuclear military budgets in France, developments in India and Pakistan. However, the author discusses the possible emergence of new opportunities for a nuclear disarmament: humanitarian ICAN campaign for a treaty of interdiction of nuclear weapons. He highlights the need of a debate in France on these issues even though no politician dares to take a strong position in favour of nuclear disarmament. In a third article, a member of an activist association shows that, after the adoption of a U N resolution on favour of the elaboration of a treaty of interdiction of nuclear weapons, reaching such a treaty is possible. The action of civil society seems necessary

  5. The European Union’s external trade policy after the Treaty of Lisbon: a neo-gramscian perspective

    Directory of Open Access Journals (Sweden)

    Ilko Ihor

    2015-07-01

    Full Text Available This paper applies neo-Gramscian theory to analyze the European Union’s external trade policy after the ratification of the Treaty of Lisbon in 2009. It argues that despite the claim that procedural and institutional changes which took place as a result of the ratification of the Treaty serve the general interest of the EU citizens, they were in fact orchestrated by the European transnational capitalist class and serve primarily interests of this group. Paper starts by outlining key institutional and procedural changes introduced by the Treaty of Lisbon, briefly outlining their implications for the EU. Further on, rationale for these changes is explained by focusing on socio-economic developments that took place in the EU during the past couple of decades. After outlining how the current hegemonic bloc was established, paper proceeds with explaining why the implemented changes were so important for the dominant in the EU social forces.

  6. Sandia technology. Volume 13, number 2 Special issue: verification of arms control treaties

    International Nuclear Information System (INIS)

    1989-01-01

    Nuclear deterrence, a cornerstone of US national security policy, has helped prevent global conflict for over 40 years. The DOE and DoD share responsibility for this vital part of national security. The US will continue to rely on nuclear deterrence for the foreseeable future. In the late 1950s, Sandia developed satellite-borne nuclear burst detection systems to support the treaty banning atmospheric nuclear tests. This activity has continued to expand and diversify. When the Non-Proliferation Treaty was ratified in 1970, we began to develop technologies to protect nuclear materials from falling into unauthorized hands. This program grew and now includes systems for monitoring the movement and storage of nuclear materials, detecting tampering, and transmiting sensitive data securely. In the late 1970s, negotiations to further limit underground nuclear testing were being actively pursued. In less than 18 months, we fielded the National Seismic Station, an unattended observatory for in-country monitoring of nuclear tests. In the mid-l980s, arms-control interest shifted to facility monitoring and on-site inspection. Our Technical On-site Inspection Facility is the national test bed for perimeter and portal monitoring technology and the prototype for the inspection portal that was recently installed in the USSR under the Intermediate-Range Nuclear Forces accord. The articles in the special issue of Sundiu Technology describe some of our current contributions to verification technology. This work supports the US policy to seek realistic arms control agreements while maintaining our national security.

  7. Linear models to perform treaty verification tasks for enhanced information security

    Science.gov (United States)

    MacGahan, Christopher J.; Kupinski, Matthew A.; Brubaker, Erik M.; Hilton, Nathan R.; Marleau, Peter A.

    2017-02-01

    Linear mathematical models were applied to binary-discrimination tasks relevant to arms control verification measurements in which a host party wishes to convince a monitoring party that an item is or is not treaty accountable. These models process data in list-mode format and can compensate for the presence of variability in the source, such as uncertain object orientation and location. The Hotelling observer applies an optimal set of weights to binned detector data, yielding a test statistic that is thresholded to make a decision. The channelized Hotelling observer applies a channelizing matrix to the vectorized data, resulting in a lower dimensional vector available to the monitor to make decisions. We demonstrate how incorporating additional terms in this channelizing-matrix optimization offers benefits for treaty verification. We present two methods to increase shared information and trust between the host and monitor. The first method penalizes individual channel performance in order to maximize the information available to the monitor while maintaining optimal performance. Second, we present a method that penalizes predefined sensitive information while maintaining the capability to discriminate between binary choices. Data used in this study was generated using Monte Carlo simulations for fission neutrons, accomplished with the GEANT4 toolkit. Custom models for plutonium inspection objects were measured in simulation by a radiation imaging system. Model performance was evaluated and presented using the area under the receiver operating characteristic curve.

  8. 1944 Water Treaty Between Mexico and the United States: Present Situation and Future Potential

    Directory of Open Access Journals (Sweden)

    Anabel Sánchez

    2006-01-01

    Full Text Available Historically and culturally, water has always been considered to be a critical issue in Mexico- USA agenda. Along the 3 140-km border between Mexico and the United States, there is intense competition over the adequate availability of water. Water uses in urban border areas have continued to increase exponentially due to steadily increasing levels of population growth. Rapid industrialisation and urbanisation have resulted in more intensive patterns of water consumption and use. Agricultural water demands continue to be high. Mexico and the United States have established institutions and agreements to manage and protect rivers in the border region. The Treaty between Mexico and the United States for the Utilisation of Waters of the Colorado and Tijuana Rivers and of the Rio Grande was signed in 1944. With the turn of the century, the growing urban centers along the Rio Grande (Rio Bravo, where the river becomes the international boundary, started increasingly to depend on groundwater. This situation was not specifically addressed in the 1944 Treaty, especially as groundwater use at that time was not so significant.

  9. Objectives and Activities. Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization

    International Nuclear Information System (INIS)

    2007-04-01

    The Treaty provides for a comprehensive global verification regime, which consists of an International Monitoring System (IMS), consultation and clarification procedures, provisions for requesting on-site inspections, and confidence-building measures. The present verification regime is the result of many years of negotiations led by an international Group of Scientific Experts (GSE) at the Conference on Disarmament in Geneva to ensure that non-compliance with the provisions of the Treaty can be detected in a timely manner. The 337 IMS monitoring facilities (170 seismic, 11 hydroacoustic, 60 infrasound, 80 radionuclide stations and 16 radionuclide laboratories) are located all over the world including in some of the most remote regions such as the Arctic and Antarctica. The seismic, hydroacoustic, infrasound and radionuclide monitoring technologies are designed to register sound and energy vibrations underground, in the sea and in the air, and to detect radionuclides released into the atmosphere. IMS data is collected and transmitted via the state-of-the-art, satellite-based Global Communications Infrastructure (GCI) to the International Data Centre (IDC) at the Commission's headquarters in Vienna. Here the data are processed and, together with IDC products such as Reviewed Event Bulletins and other event screening services, released to Member States for final analysis.

  10. Sandia technology. Volume 13, number 2 Special issue : verification of arms control treaties.

    Energy Technology Data Exchange (ETDEWEB)

    1989-03-01

    Nuclear deterrence, a cornerstone of US national security policy, has helped prevent global conflict for over 40 years. The DOE and DoD share responsibility for this vital part of national security. The US will continue to rely on nuclear deterrence for the foreseeable future. In the late 1950s, Sandia developed satellite-borne nuclear burst detection systems to support the treaty banning atmospheric nuclear tests. This activity has continued to expand and diversify. When the Non-Proliferation Treaty was ratified in 1970, we began to develop technologies to protect nuclear materials from falling into unauthorized hands. This program grew and now includes systems for monitoring the movement and storage of nuclear materials, detecting tampering, and transmiting sensitive data securely. In the late 1970s, negotiations to further limit underground nuclear testing were being actively pursued. In less than 18 months, we fielded the National Seismic Station, an unattended observatory for in-country monitoring of nuclear tests. In the mid-l980s, arms-control interest shifted to facility monitoring and on-site inspection. Our Technical On-site Inspection Facility is the national test bed for perimeter and portal monitoring technology and the prototype for the inspection portal that was recently installed in the USSR under the Intermediate-Range Nuclear Forces accord. The articles in the special issue of Sundiu Technology describe some of our current contributions to verification technology. This work supports the US policy to seek realistic arms control agreements while maintaining our national security.

  11. Phase II: Field Detector Development For Undeclared/Declared Nuclear Testing For Treaty Verfiation Monitoring

    Energy Technology Data Exchange (ETDEWEB)

    Kriz, M. [Savannah River Site (SRS), Aiken, SC (United States). Savannah River National Lab. (SRNL); Hunter, D. [Savannah River Site (SRS), Aiken, SC (United States). Savannah River National Lab. (SRNL); Riley, T. [Savannah River Site (SRS), Aiken, SC (United States). Savannah River National Lab. (SRNL)

    2015-10-02

    Radioactive xenon isotopes are a critical part of the Comprehensive Nuclear Test Ban Treaty (CTBT) for the detection or confirmation of nuclear weapons tests as well as on-site treaty verification monitoring. On-site monitoring is not currently conducted because there are no commercially available small/robust field detector devices to measure the radioactive xenon isotopes. Xenon is an ideal signature to detect clandestine nuclear events since they are difficult to contain and can diffuse and migrate through soils due to their inert nature. There are four key radioxenon isotopes used in monitoring: 135Xe (9 hour half-life), 133mXe (2 day half-life), 133Xe (5 day half-life) and 131mXe (12 day half-life) that decay through beta emission and gamma emission. Savannah River National Laboratory (SRNL) is a leader in the field of gas collections and has developed highly selective molecular sieves that allow for the collection of xenon gas directly from air. Phase I assessed the development of a small, robust beta-gamma coincidence counting system, that combines collection and in situ detection methodologies. Phase II of the project began development of the custom electronics enabling 2D beta-gamma coincidence analysis in a field portable system. This will be a significant advancement for field detection/quantification of short-lived xenon isotopes that would not survive transport time for laboratory analysis.

  12. Linear models to perform treaty verification tasks for enhanced information security

    International Nuclear Information System (INIS)

    MacGahan, Christopher J.; Kupinski, Matthew A.; Brubaker, Erik M.; Hilton, Nathan R.; Marleau, Peter A.

    2017-01-01

    Linear mathematical models were applied to binary-discrimination tasks relevant to arms control verification measurements in which a host party wishes to convince a monitoring party that an item is or is not treaty accountable. These models process data in list-mode format and can compensate for the presence of variability in the source, such as uncertain object orientation and location. The Hotelling observer applies an optimal set of weights to binned detector data, yielding a test statistic that is thresholded to make a decision. The channelized Hotelling observer applies a channelizing matrix to the vectorized data, resulting in a lower dimensional vector available to the monitor to make decisions. We demonstrate how incorporating additional terms in this channelizing-matrix optimization offers benefits for treaty verification. We present two methods to increase shared information and trust between the host and monitor. The first method penalizes individual channel performance in order to maximize the information available to the monitor while maintaining optimal performance. Second, we present a method that penalizes predefined sensitive information while maintaining the capability to discriminate between binary choices. Data used in this study was generated using Monte Carlo simulations for fission neutrons, accomplished with the GEANT4 toolkit. Custom models for plutonium inspection objects were measured in simulation by a radiation imaging system. Model performance was evaluated and presented using the area under the receiver operating characteristic curve.

  13. The European Communities (Definition of Treaties) (No.5) (Joint European Torus) Order 1978 (S.I. no.1032)

    International Nuclear Information System (INIS)

    1978-01-01

    This Order declares the Exchange of Letters dated 3 May 1978 between the Government of the United Kingdom and the European Atomic Energy Community regarding privileges to be granted to the Joint European Torus to be a Community Treaty as defined in section 1(2) of the European Communities Act 1972. The principal effect of declaring this Exchange of Letters to be a Community Treaty as so defined is to bring into play, in relation to the Exchange of Letters, the provisions of section 2 of the European Communities Act 1972 [fr

  14. generalized constitutive model for stabilized quick clay

    African Journals Online (AJOL)

    QUICK CLAY. PANCRAS MUGISHAGWE BUJULU AND GUSTAV GRIMSTAD. ABSTRACT. An experimentally-based two yield surface constitutive model for cemented quick clay has been ... Clay Model, the Koiter Rule and two Mapping Rules. .... models, where a mobilization formulation is used, this is independent of q.

  15. The Anatomy of a Constitutional Tort.

    Science.gov (United States)

    Horner, Jeffrey J.

    1988-01-01

    Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

  16. generalized constitutive model for stabilized quick clay

    African Journals Online (AJOL)

    An experimentally-based two yield surface constitutive model for cemented quick clay has been developed at NTNU, Norway, to reproduce the mechanical behavior of the stabilized quick clay in the triaxial p'-q stress space. The model takes into account the actual mechanical properties of the stabilized material, such as ...

  17. Constitution 200: A Bicentennial Collection of Essays.

    Science.gov (United States)

    Hepburn, Mary A., Ed.; And Others

    Constitutional essays which formed the basis of public assemblies throughout three states are compiled in this book. The first three essays consider the U.S. government principles of federalism, judicial review, and the separation of powers. Michael L. Benedict proposes that the question of ultimate sovereignty has been answered differently by…

  18. Ethnicity and constitutionalism in contemporary Ethiopia

    NARCIS (Netherlands)

    Abbink, G.J.

    1997-01-01

    According to the policy of the government of the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF), ethnic identity is the ideological basis of Ethiopia's political organization and administration and as such has been enshrined in the Federal Constitution of December 1994. Yet the

  19. Between availability and entitlement: The Constitution, Grootboom ...

    African Journals Online (AJOL)

    Between availability and entitlement: The Constitution, Grootboom and the right to food. Danie Brand. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians ...

  20. Optimizing culture medium for debittering constitutive enzyme ...

    African Journals Online (AJOL)

    STORAGESEVER

    2010-08-02

    Aug 2, 2010 ... The objective of this study was to investigate nutrient requirements for extracellular constitutive naringinase production by Aspergillus oryzae JMU316. The one-factor-at-a-time method was used to determine the impact of different carbon and nitrogen sources on naringinase production. Naringin exhibited ...