Proposed REDD+ project for the Sundarbans: Legal and institutional issues

Directory of Open Access Journals (Sweden)

Saiful Karim

2013-07-01

Full Text Available Sundarbans, a Ramsar and World Heritage site, is the largest single block of tidal halophytic mangrove forest in the world covering parts of Bangladesh and India. Natural mangroves were very common along the entire coast of Bangladesh. However, all other natural mangrove forests, including the Chakaria Sundarbans with 21,000 hectares of mangrove, have been cleared for shrimp cultivation. Against this backdrop, the Forest Department of Bangladesh has developed project design documents for a project called ‘Collaborative REDD+ Improved Forest Management (IFM Sundarbans Project’ (CRISP to save the only remaining natural mangrove forest of the country. This project, involving conservation of 412,000 ha of natural mangrove forests, is expected to generate, over a 30-year period, a total emissions reduction of about 6.4 million tons of CO2. However, the successful implementation of this project involves a number of critical legal and institutional issues. It may involve complex legal issues such as forest ownership, forest use rights, rights of local people and carbon rights. It may also involve institutional reforms. Ensuring good governance of the proposed project is very vital considering the failure of the Asian Development Bank (ADB funded and Bangladesh Forest Department managed ‘Sundarbans Biodiversity Conservation Project’. Considering this previous experience, this paper suggests that a comprehensive legal and institutional review and reform is needed for the successful implementation of the proposed CRISP project. This paper argues that without ensuring local people’s rights and their participation, no project can be successful in the Sundarbans. Moreover, corruption of local and international officials may be a serious hurdle in the successful implementation of the project.

Wahdah Islamiyyah Palu: on Contemporary Islamic Legal Issues In The Internet

Directory of Open Access Journals (Sweden)

Rusli Rusli

2017-12-01

Full Text Available This paper deals with one of the Islamic organizations in Palu, Wahdah Islamiyah (Islamic Unity, in terms of theological and contemporary Islamic legal issues. The source of analysis is the website that Wahdah Islamiyah runs online. The paper concludes that Wahdah Islamiyah is influenced by the relatively strict theology of Wahhābism in religiosity and morality. Therefore, in legal issues, Wahdah Islamiyah embraced and accommodated relatively conservative views with various issues in relation to theological issues and Islamic legal issues such as women’s, social, economic, and political issues. From these views, it can be argued that their aim is to preserve the identity by constructing the concepts of shirk and bidʻah and reinforcing the relatively rigid juristic tradition to become the citadel from the attacks of doctrine seeking to demolish the building of Salafism.

Ethical issues in medico-legal exposures

International Nuclear Information System (INIS)

O'Reilly, G.; Malone, J. F.

2008-01-01

The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

Venturing into cyberspace - some legal issues

International Nuclear Information System (INIS)

Gahtan, A.M.

1999-01-01

Issues regarding the use of the world-wide web by oil and gas companies were discussed. A series of overhead viewgraphs were used to illustrate general advertising and promotion issues including liability for links and frames, web site development agreements, and web site hosting agreements. The meaning of industry or product-specific advertising, trade mark infringement implications, the significance of foreign jurisdictions in operating a website, other significant website concepts, and the general principles of website development and attendant legal implications are explored

Surrogacy: ethical and legal issues.

Science.gov (United States)

Saxena, Pikee; Mishra, Archana; Malik, Sonia

2012-10-01

Surrogacy refers to a contract in which a woman carries a pregnancy "for" another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

Directory of Open Access Journals (Sweden)

Altynbekkyzy Alua

2017-06-01

Full Text Available The relevance of comparative analysis of legal regulation of environmental protection is due to several reasons. Firstly, it expands the boundaries of interpretation of legal norms and acts of environmental law. Secondly, it allows relying on experience in the latest achievements of legislative activity in developed countries. Thirdly, taking into consideration the legislative mistakes of other countries, it helps to avoid similar mistakes in the process of improving Kazakh legislation. And finally, it is the starting point for multilateral and bilateral cooperation in the field of environmental law.

Surrogacy: Ethical and Legal Issues

Directory of Open Access Journals (Sweden)

Pikee Saxena

2012-01-01

Full Text Available Surrogacy refers to a contract in which a woman carries a pregnancy "for"another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

Surrogacy: Ethical and Legal Issues

Science.gov (United States)

Saxena, Pikee; Mishra, Archana; Malik, Sonia

2012-01-01

Surrogacy refers to a contract in which a woman carries a pregnancy “for” another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. PMID:23293432

Selected Legal Issues in Catholic Schools.

Science.gov (United States)

Shaughnessy, Mary Angela

This book examines legal issues that affect Catholic high schools. Chapter 1 discusses sources of the law and how fairness and due process, federal and state statutes, and various guidelines shape the law. Tort law, corporal punishment, search and seizure, defamation of character, and negligence are covered in chapter 2. Chapter 3 details issues…

Epigenetics and Child Psychiatry: Ethical and Legal Issues.

Science.gov (United States)

Thomas, Christopher R

2015-10-01

Epigenetics has the potential to revolutionize diagnosis and treatment in psychiatry, especially child psychiatry, as it may offer the opportunity for early detection and prevention, as well as development of new treatments. As with the previous introduction of genetic research in psychiatry, there is also the problem of unrealistic expectations and new legal and ethical problems. This article reviews the potential contributions and problems of epigenetic research in child psychiatry. Previous legal and ethical issues in genetic research serve as a guide to those in epigenetic research. Recommendations for safeguards and guidelines on the use of epigenetics with children and adolescents are outlined based on the identified issues. Copyright © 2015 John Wiley & Sons, Ltd.

Awareness of medico-legal issues among medical and dental college health professionals

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S Senthilkumar

2013-01-01

Full Text Available Introduction: The changing doctor-patient relationship and commercialization of modem medical practice has affected the practice of medicine. The fundamental values of medicine insist that the doctors should be aware about the various medico-legal issues which help in proper recording of medical management details. Aim: To evaluate the knowledge on Medico-legal Issues among Medical and Dental College Health Professionals of Meenakshi University (MAHER, Tamilnadu. Materials & Method: A cross-sectional survey was conducted among health professionals of Meenakshi University (MAHER, Tamilnadu. A total o f320 health professionals (163 medical and 157 dental participated in the study. A structured, closed ended, self-administered questionnaire was used for collection of data. Chi-square test was used to compare the awareness of medico-legal issues between medical and dental health professionals. Results: Among the 320 health professionals, 87.4% of medical and 76.1% of dental professionals were aware about the informed consent, 18.8% of medical and 5.7% of dental professionals had awareness about COPRA and only 14.3% of medical and 7.6% of dental professionals had awareness regarding the Medico-legal programs/courses. Conclusions: The results illustrated that the participants had little awareness on medico-legal issues. Hence there is an urgent need to update the understanding of these issues to be on a legally safer side.

Ethical, legal, and social issues in the translation of genomics into health care.

Science.gov (United States)

Badzek, Laurie; Henaghan, Mark; Turner, Martha; Monsen, Rita

2013-03-01

The rapid continuous feed of new information from scientific discoveries related to the human genome makes translation and incorporation of information into the clinical setting difficult and creates ethical, legal, and social challenges for providers. This article overviews some of the legal and ethical foundations that guide our response to current complex issues in health care associated with the impact of scientific discoveries related to the human genome. Overlapping ethical, legal, and social implications impact nurses and other healthcare professionals as they seek to identify and translate into practice important information related to new genomic scientific knowledge. Ethical and legal foundations such as professional codes, human dignity, and human rights provide the framework for understanding highly complex genomic issues. Ethical, legal, and social concerns of the health provider in the translation of genomic knowledge into practice including minimizing harms, maximizing benefits, transparency, confidentiality, and informed consent are described. Additionally, nursing professional competencies related to ethical, legal, and social issues in the translation of genomics into health care are discussed. Ethical, legal, and social considerations in new genomic discovery necessitate that healthcare professionals have knowledge and competence to respond to complex genomic issues and provide appropriate information and care to patients, families, and communities. Understanding the ethical, legal, and social issues in the translation of genomic information into practice is essential to provide patients, families, and communities with competent, safe, effective health care. © 2013 Sigma Theta Tau International.

Domestic violence: legal issues for health care practitioners and institutions.

Science.gov (United States)

Hyman, A

1996-01-01

If health care practitioners and institutions became familiar with legal options available to survivors of domestic violence, they could better facilitate their patients' access to potentially life-saving recourses. Such options include calling the police and obtaining civil protection orders and bringing custody, divorce, and support actions. Provider awareness of legal obligations and other legal considerations that arise when handling domestic violence cases is important for patient care and the practice of good risk management. Examples of such issues include domestic violence protocol requirements, documentation of abuse, and repercussions of mandatory reporting laws. Health care providers should work in collaboration with community domestic violence programs in educating staff on issues pertaining to domestic violence and in crafting policies that promote patient safety and autonomy.

Legal Issues in Educational Technology: Implications for School Leaders.

Science.gov (United States)

Quinn, David M.

2003-01-01

Discusses several legal issues involving the use of educational technology: Freedom of speech, regulation of Internet material harmful to minors, student-developed Web pages, harassment and hostile work environment, staff and student privacy, special education, plagiarism, and copyright issues. Includes recommendations for addressing technology…

What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries.

Science.gov (United States)

Mann, Heather; Garcia-Rada, Ximena; Hornuf, Lars; Tafurt, Juan

2016-01-01

The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e., dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family) and internal sanctions (feelings of guilt). Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries

Directory of Open Access Journals (Sweden)

Heather eMann

2016-02-01

Full Text Available The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e. dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family and internal sanctions (feelings of guilt. Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

Money Laundering. Aspects of Legal and Criminal Issues

Directory of Open Access Journals (Sweden)

Alina DUMITRACHE

2011-11-01

Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

Protective force legal issues: the security perspective

International Nuclear Information System (INIS)

Rich, B.L.

1984-01-01

There has been much discussion and some controversy on the legal issues faced by the Department of Energy's (DOE) protective forces in the performance of their security duties. These include the observance of legal proprieties in the arrest of non-violent demonstrators, the use of lethal weapons, and the extent of protective forces' authority to carry weapons and protect DOE's security interests offsite. In brief, the need to protect DOE's security interests may be in nominal conflict with other requirements. When faced with a potential conflict in requirements, we in the DOE security community must place first attention to the security mission -- to deter and prevent hostile acts

Ocean energy: key legal issues and challenges

International Nuclear Information System (INIS)

Wright, Glen; Rochette, Julien; O'Hagan, Anne Marie; De Groot, Jiska; Leroy, Yannick; Soininen, Niko; Salcido, Rachael; Castelos, Montserrat Abad; Jude, Simon; Kerr, Sandy

2015-01-01

Ocean energy is a novel renewable energy resource being developed as part of the push towards a 'Blue Economy'. The literature on ocean energy has focused on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received less attention, despite their importance in supporting this new technology and ensuring its sustainable development. In this Issue Brief, we set out some key legal challenges for the development of ocean energy technologies, structured around the following core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources. (authors)

HIV vaccines in Canada: legal and ethical issues--an overview.

Science.gov (United States)

Garmaise, David

2002-07-01

In July 2002 the Legal Network released an overview paper on legal and ethical issues related to an HIV vaccine in Canada. The paper, which is based on a more detailed report prepared in collaboration with the Centre for Bioethics of the Clinical Research Institute of Montréal, calls for the establishment of a Canadian HIV Vaccine Plan.

Medico-legal issues in breast imaging

Energy Technology Data Exchange (ETDEWEB)

Purushothaman, H.N., E-mail: hema.purushothaman@bartsandthelondon.nhs.uk [Department of Radiology, St Bartholomew' s Hospital, London (United Kingdom); Wilson, R. [Department of Radiology, The Royal Marsden Hospital, Sutton, Surrey (United Kingdom); Michell, M.J. [Department of Radiology, King' s College Hospital, London (United Kingdom)

2012-07-15

Aim: To identify medico-legal issues that occur in the diagnosis and radiological management of breast disease and to propose measures to reduce the risk of patient complaints and legal action in breast radiology and diagnosis. Materials and methods: Institutional review board approval was not applicable for this study. A retrospective study was undertaken and records of 120 medico-legal investigations over a 10 year period were examined. The reports were compiled by two consultant breast radiologists. Results: The mean age of the patients represented in this study was 48.3 years. The main complaint in this series was a delay in diagnosis (92%) followed by inappropriate or inadequate treatment (8%). 81% of cases were patients who had presented to the symptomatic clinic. The main presenting symptom was a palpable lump (65%). Substandard care was cited in 49/120 cases (41%). The mean average delay in diagnosis was 15.6 months. Of the cases cited as substandard care, 61% were considered the fault of the radiologist and 14% considered the fault of the breast surgeon. Of the cases where the radiologist was considered to be at fault, microcalcification was the most common mammographic sign to be missed or misinterpreted (12/26 cases, 46%). Conclusion: The most common complaint in this series was delay in diagnosis with microcalcification being the main mammographic sign that was either not seen or misinterpreted by the radiologist. Clear and precise written protocols are recommended for all breast imaging practice to ensure that medico-legal investigations will be greatly reduced.

Medico-legal issues in breast imaging

International Nuclear Information System (INIS)

Purushothaman, H.N.; Wilson, R.; Michell, M.J.

2012-01-01

Aim: To identify medico-legal issues that occur in the diagnosis and radiological management of breast disease and to propose measures to reduce the risk of patient complaints and legal action in breast radiology and diagnosis. Materials and methods: Institutional review board approval was not applicable for this study. A retrospective study was undertaken and records of 120 medico-legal investigations over a 10 year period were examined. The reports were compiled by two consultant breast radiologists. Results: The mean age of the patients represented in this study was 48.3 years. The main complaint in this series was a delay in diagnosis (92%) followed by inappropriate or inadequate treatment (8%). 81% of cases were patients who had presented to the symptomatic clinic. The main presenting symptom was a palpable lump (65%). Substandard care was cited in 49/120 cases (41%). The mean average delay in diagnosis was 15.6 months. Of the cases cited as substandard care, 61% were considered the fault of the radiologist and 14% considered the fault of the breast surgeon. Of the cases where the radiologist was considered to be at fault, microcalcification was the most common mammographic sign to be missed or misinterpreted (12/26 cases, 46%). Conclusion: The most common complaint in this series was delay in diagnosis with microcalcification being the main mammographic sign that was either not seen or misinterpreted by the radiologist. Clear and precise written protocols are recommended for all breast imaging practice to ensure that medico-legal investigations will be greatly reduced.

Legal and policy issues associated with monitoring employee E-mail

Energy Technology Data Exchange (ETDEWEB)

Segura, M.A.; Rither, A.C.

1997-01-01

This paper examines the legal issues involved with employer monitoring of employee e-mail. In addition to identifying pertinent legal issues, the paper provides guidelines that will help the Pacific Northwest National Laboratory (PNNL) establish a program for monitoring outgoing e-mail to insure compliance with company policies, particularly those regarding protection of trade secrets and proprietary information, and to comply with the Department of Energy`s (DOE) procedures for protecting Export Controlled Information (ECI). Electronic communication has allowed companies to enhance efficiency, responsiveness and effectiveness. E-mail allows employees to transmit all types of data to other individuals inside and outside of their companies. The ease with which information can be transmitted by e-mail has placed trade secrets, proprietary information, and other sensitive data at risk from inadvertent disclosure by employees. As employers attempt to protect their interests through measures such as monitoring e-mail, they may expose themselves to liability under federal and state laws for violating employee privacy. Business use of e-mail has proliferated so rapidly that the federal and state legal systems have not been able to adequately address the issues arising out of its use in the workplace.

Photovoltaic commercialization: an analysis of legal issues affecting a government-accelerated solar industry

Energy Technology Data Exchange (ETDEWEB)

Lamm, D.

1980-06-01

The Photovoltaics Research, Development, and Demonstration Act of 1978 is discussed. Legal issues, including solar access, the need for performance standards, the effects of building codes on photovoltaic system use and commercialization, and manufacturer and installer performance guarantees, are examined. Electric utility policies are examined, including interconnection, and rates and legal issues affecting them. (LEW)

The Kozloduy absurdity: Legal and political dimensions of the Bulgarian Nuclear Power Plant issue

International Nuclear Information System (INIS)

Semov, A.

2006-01-01

The issue of Kozloduy NPP is long-standing and sensitive. Complicated technical, legal, economical, political and purely ethical issues are involved in it. Their entire review in this brief presentation is impossible. The paper therefore only dwells on some of the major issues, the way they have been presented by the Civil Committee for Kozloduy NPP Defence. Following an outline of the way the situation developed, the paper discusses legally binding acts and then considers other legally relevant factors. The possible existence of a friendly political climate in Europe allowing reconsideration of the matter is also dealt with. (author)

Legal and ethical issues in robotic surgery.

Science.gov (United States)

Mavroforou, A; Michalodimitrakis, E; Hatzitheo-Filou, C; Giannoukas, A

2010-02-01

With the rapid introduction of revolutionary technologies in surgical practice, such as computer-enhanced robotic surgery, the complexity in various aspects, including medical, legal and ethical, will increase exponentially. Our aim was to highlight important legal and ethical implications emerged from the application of robotic surgery. Search of the pertinent medical and legal literature. Robotic surgery may open new avenues in the near future in surgical practice. However, in robotic surgery, special training and experience along with high quality assessment are required in order to provide normal conscientious care and state-of-the-art treatment. While the legal basis for professional liability remains exactly the same, litigation with the use of robotic surgery may be complex. In case of an undesirable outcome, in addition to physician and hospital, the manufacturer of the robotic system may be sued. In respect to ethical issues in robotic surgery, equipment safety and reliability, provision of adequate information, and maintenance of confidentiality are all of paramount importance. Also, the cost of robotic surgery and the lack of such systems in most of the public hospitals may restrict the majority from the benefits offered by the new technology. While surgical robotics will have a significant impact on surgical practice, it presents challenges so much in the realm of law and ethics as of medicine and health care.

Ethical and Legal Issues in Gestational Surrogacy.

Science.gov (United States)

Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

2018-01-01

This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother).

Alternative dispute resolution of medical-legal issues.

Science.gov (United States)

Barton, H M

1991-02-01

Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

The legal and ethical issues in the techniques of blood transfusion ...

African Journals Online (AJOL)

The paper examines the legal and ethical issues that may arise and the principles that should be considered in the clinical practice for the transfusion of red blood cells and plasma into adults and children. Generally, the legal and ethical principles that apply to the medical transfusion therapy are not different from those ...

Telemental Health for Children and Adolescents: An Overview of Legal, Regulatory, and Risk Management Issues.

Science.gov (United States)

Kramer, Gregory M; Luxton, David D

2016-04-01

The use of technology to provide telemental healthcare continues to increase; however, little has been written about the legal and regulatory issues involved in providing this form of care to children and adolescents. This article reviews existing laws and regulations to summarize the risk management issues relevant to providing telemental healthcare to children and adolescents. There are several legal and regulatory areas in which telemental health clinicians need to have awareness. These areas include: 1) Licensure, 2) malpractice liability, 3) credentialing and privileging, 4) informed consent, 5) security and privacy, and 6) emergency management. Although legal and regulatory challenges remain in providing telemental healthcare to children and adolescents, it is possible to overcome these challenges with knowledge of the issues and appropriate risk management strategies. We provide general knowledge of these key legal and regulatory issues, along with some risk management recommendations.

Ethical and Legal Issues in Gestational Surrogacy

Science.gov (United States)

Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

2018-01-01

Abstract This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother). PMID:29675478

Medicine beyond borders: the legal and ethical challenges.

Science.gov (United States)

Kassim, Puteri Nemie J

2009-09-01

The ease and affordability of international travel has contributed to the rapid growth of the healthcare industry where people from all around the world are traveling to other countries to obtain medical, dental, and surgical care while at the same time touring, vacationing and fully experiencing the attractions of the countries that they are visiting. A combination of many factors has led to the recent increase in popularity of medical tourism such as exorbitant costs of healthcare in industrialized nations, favorable currency exchange rates in the global economy, rapidly improving technology in many countries of the world and most importantly proven safety of healthcare in selected foreign nations. Nevertheless, the development of medical tourism has certainly awakened many ethical and legal issues, which must be addressed. Issues pertaining to malpractice, consumer protection, organ trafficking, alternative medicine and telemedicine need comprehensive legal regulatory framework to govern them. Ethical issues are also been raised by the promotion of medical tourism in particular those pertaining to doctor and patient relationship. A future, where medical law is subsumed into various legal and ethical dimensions, poses serious challenges for the practice and ethics of medicine.

Legalizing physician-assisted suicide and/or euthanasia: Pragmatic implications

NARCIS (Netherlands)

Hudson, P.; Hudson, R.; Philip, J.; Boughey, M.; Kelly, B.; Hertogh, C.M.P.M.

2015-01-01

Objective: Despite the availability of palliative care in many countries, legalization of euthanasia and physician-assisted suicide (EAS) continues to be debated - particularly around ethical and legal issues - and the surrounding controversy shows no signs of abating. Responding to EAS requests is

Medical practice and legal background of decisions for severely ill newborn infants: viewpoints from seven European countries.

Science.gov (United States)

Sauer, P J J; Dorscheidt, J H H M; Verhagen, A A E; Hubben, J H

2013-02-01

To comparing attitudes towards end-of-life (EOL) decisions in newborn infants between seven European countries. One paediatrician and one lawyer from seven European countries were invited to attend a conference to discuss the practice of EOL decisions in newborn infants and the legal aspects involved. All paediatricians/neonatologists indicated that the best interest of the child should be the leading principle in all decisions. However, especially when discussing cases, important differences in attitude became apparent, although there are no significant differences between the involved countries with regard to national legal frameworks. Important differences in attitude towards neonatal EOL decisions between European countries exist, but they cannot be explained solely by medical or legal reasons. ©2012 The Author(s)/Acta Paediatrica ©2012 Foundation Acta Paediatrica.

Cyberspace in the Curricula: New Legal and Ethical Issues.

Science.gov (United States)

Smethers, J. Steven

1998-01-01

Finds that most journalism and mass communication programs integrate legal and ethical issues surrounding cyberspace and interactive media into existing courses, especially into ethics and communication law courses, but also into introductory survey courses, communication technology, and reporting classes. Details reasons why some programs do not…

Medical photography: current technology, evolving issues and legal perspectives.

Science.gov (United States)

Harting, M T; DeWees, J M; Vela, K M; Khirallah, R T

2015-04-01

Medical photographic image capture and data management has undergone a rapid and compelling change in complexity over the last 20 years. This is because of multiple factors, including significant advances in ease of photograph capture, alongside an evolution of mechanisms of data portability/dissemination, combined with governmental focus on health information privacy. Literature to guide medical, legal, governmental and business professionals when dealing with issues related to medical photography is virtually nonexistent. Herein, we will address the breadth of uses of medical photography, device properties/specific devices utilised for image capture, methods of data transfer and dissemination and patient perceptions and attitudes regarding photography in a medical setting. In addition, we will address the legal implications, including legal precedent, copyright and privacy law, informed consent, protected health information and the Health Insurance Portability and Accountability Act (HIPAA), as they pertain to medical photography. © 2015 John Wiley & Sons Ltd.

The Educational Rights of Students: International Perspectives on Demystifying the Legal Issues

Science.gov (United States)

Russo, Charles J., Ed.; Stewart, Douglas J., Ed.; De Groof, Jan, Ed.

2006-01-01

Education law has emerged as an important concern to educators in many countries around the world. While there are similarities in the range of rights that students in various countries have, there are also many differences. This book provides a comprehensive examination the status of the legal rights of students in 13 international communities.…

An introduction to dento-legal issues and risks in orthodontics.

Science.gov (United States)

Ireland, A J; Willmot, D; Hunt, N P

2015-02-16

Orthodontic treatment is not without risk. This article aims to look at some of the dento-legal issues surrounding orthodontic treatment, the risks to both the clinician and the patient, and how some of these risks can be mitigated.

Ethical, Legal and Social Issues in Japan on the Determination of Blood Relationship via DNA Testing.

Science.gov (United States)

Toya, Waki

2017-01-01

DNA paternity testing has recently become more widely available in Japan. The aim of this paper is to examine the issues surrounding (1) the implementing agency, whether the testing is conducted in a commercial direct-to-consumer (DTC) setting or a judicial non-DTC setting, and (2) the implementation conditions and more specifically the legal capacity of the proband (test subject). Literature research in Japanese and English was conducted. Some countries prohibit commercial DNA testing without the consent of the proband or her or his legally authorized representative. But as in some cases, the results of DTC paternity testing have proven to be unreliable. I propose a complete prohibition of DTC DNA paternity testing in Japan. In many cases of paternity testing, the proband is a minor. This has led to debate about whether proxy consent is sufficient for paternity testing or whether additional safeguards (such as a court order) are required. In cases where commercial DNA testing has been conducted and the test results are produced in court as evidence, the court must judge whether or not to admit these results as evidence. Another important issue is whether or not paternity testing should be legally mandated in certain cases. If we come to the conclusion that DNA test results are the only way to conclusively establish a parent-child relationship, then our society may prioritize even more genetic relatedness over other conceptions of a parent-child relationship. This prioritization could adversely affect families created through assisted reproductive technology (ART), especially in situations where children are not aware of their biological parentage. This paper argues for a complete prohibition of DTC DNA paternity testing in Japan, and highlights that broader ethical and legal deliberation on such genetic services is required.

Electronic health records, adoption, quality of care, legal and privacy issues and their implementation in emergency departments.

Science.gov (United States)

Ben-Assuli, Ofir

2015-03-01

Recently, the healthcare sector has shown a growing interest in information technologies. Two popular health IT (HIT) products are the electronic health record (EHR) and health information exchange (HIE) networks. The introduction of these tools is believed to improve care, but has also raised some important questions and legal and privacy issues. The implementation of these systems has not gone smoothly, and still faces some considerable barriers. This article reviews EHR and HIE to address these obstacles, and analyzes the current state of development and adoption in various countries around the world. Moreover, legal and ethical concerns that may be encountered by EHR users and purchasers are reviewed. Finally, links and interrelations between EHR and HIE and several quality of care issues in today's healthcare domain are examined with a focus on EHR and HIE in the emergency department (ED), whose unique characteristics makes it an environment in which the implementation of such technology may be a major contributor to health, but also faces substantial challenges. The paper ends with a discussion of specific policy implications and recommendations based on an examination of the current limitations of these systems. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

Antiprogestin drugs: ethical, legal and medical issues.

Science.gov (United States)

Cook, R J; Grimes, D A

1992-01-01

RU 486 allows women the choice of a medical rather than a surgical abortion, and, for most women, the choice is one of procedure, not of whether to have an abortion. Issues surrounding RU 486 were explored in an American Society of Law and Medicine conference in December 1991 entitled "Antiprogestin Drugs: Ethical, Legal and Medical Issues." An introduction to 14 conference papers provides an overview of the proceedings. Baulieu, the father of RU 486, described updated developments in its use and the medically supervised method of abortion. Bygdeman and Swahn presented their work in Sweden on combining RU 486 with a prostaglandin to make abortion more effective. They suggested that the drug may be an attractive postovulation contraceptive. Greenslad et al. discussed service delivery aspects of the use of RU 486. Holt considered the implications of use of the drug in low-resource settings. A survey of obstetricians and gynecologists, presented by Heilig, indicates that 22% more physicians would perform a medical abortion. Patient perspectives were addressed by David, who stated that measuring acceptability of an abortion technique is difficult; women have historically used whatever method is available. A collaborative research project in India and Cuba on why women chose certain methods was reported by Winikoff et al. (90% of women would choose medical abortion if faced with the choice again). Berer analyzed French data on women's perspectives on medical vs. surgical abortion. The question of adolescent use of the drug was considered by Senderowitz, who lamented the lack of data on the subject and described what is known about adolescent pregnancy. Macklin proposed a framework for ethical analysis and used facts to address ethical questions. Weinstein provided another ethical framework, to analyze whether pharmacists have a right to refuse to provide abortifacient drugs. Buc approached the subject from a legal point of view and concluded that, whereas legal problems

Legal and Institutional Issues of Transportable Nuclear Power Plants: A Preliminary Study

International Nuclear Information System (INIS)

2013-01-01

jointly the international and national actions required for ensuring the sustainability of nuclear energy through innovations in technology and/or institutional arrangements. A transportable nuclear power plant (TNPP) is a factory manufactured, transportable and relocatable nuclear power plant which, when fuelled, is capable of producing final energy products such as electricity and heat. Introducing a TNPP may require fewer financial and human resources from the host State. However, the deployment of such reactors will face new legal issues in the international context which need to be resolved to enable the deployment of such reactors in countries other than the country of origin. The objective of this report is to study the legal and institutional issues for the deployment of TNPPs, to reveal challenges that might be faced in their deployment, and to outline pathways for resolution of the identified issues and challenges in the short and long terms. It is addressed to senior legal, regulatory and technical officers in Member States planning to embark on a nuclear power programme or to expand an existing one by considering the introduction of a TNPP

Legal Regulation of Franchise in Latvia and Abroad

OpenAIRE

Viktorija Jarkina

2009-01-01

Abstract This doctoral thesis is a scientific study “Legal Regulation of Franchise in Latvia and Abroad” which analyses in detailed and systematic manner peculiarities and trends of development of legal franchise regulation in the countries of the world, as well as issues of legal qualification and content of the franchise agreement in the context of Romanic-Germanic system of law. The theoretical basis of the study is scientific works of renowned experts of law, articles...

Comment: Legal Issues regarding the NBE Guideline on Diaspora ...

African Journals Online (AJOL)

This comment examines the legality of Guideline No. FIS/01/2016 issued by the National Bank of Ethiopia (on November 1st, 2016) regarding the relinquishing of shares in banks owned by foreign nationals of Ethiopian origin. It is argued that at the time of the auction, an Ethiopian born foreign national remains to be the ...

[The awareness of pediatricians about ethical legal issues of medical care provision].

Science.gov (United States)

Polunina, N V; Shmelev, I A; Konovalov, O A

2016-01-01

The implementation of rights of under-age patients in medical institutions in many ways depends on level of awareness of pediatricians about availability and mechanisms of legal guarantees provided to them by law and hence depends quality of medical care of children population. The study was carried out to analyze opinions of pediatricians about issues of implementation of rights of patients. The results are presented concerning sociological survey of 261 pediatricians of the Samarskaia oblast. The study established inadequate awareness of respondents about ethical legal issues of medicine and rate of application of knowledge about legal acts in practical activity. The awareness was higher among pediatricians of younger age with duration of professional work lesser than 10 years. This phenomenon is explained by inclusion of courses of biomedical ethics and medical law in educational programs of medical educational institutions during last decade. The direct dependence is established between awareness of pediatricians about issues of bioethics and the level of their qualification. The most of the respondents consider that the have sufficient level of knowledge about rights of children-patients and their parents related to reservation of medical secrecy, consent or refuse of parents to medical intervention and receiving full information about child's health. The overwhelming majority of pediatricians, independently of professional category and duration of service, provided this right implementing modern informational and collegiate model of interaction with parents of ill child and informed that always obtained their consent about medical care. However, such rights of children were limited by framework of child's health and ability for apprehending information about one's health and prospective medical intervention. All respondents participated in survey insisted that they never disclosed medical secrecy. The development of legal literacy of pediatricians by

Legal and regulatory issues affecting compressed air energy storage

Energy Technology Data Exchange (ETDEWEB)

Hendrickson, P.L.

1981-07-01

Several regulatory and legal issues that can potentially affect implementation of a compressed air energy storage (CAES) system are discussed. This technology involves the compression of air using base load electric power for storage in an underground storage medium. The air is subsequently released and allowed to pass through a turbine to generate electricity during periods of peak demand. The storage media considered most feasible are a mined hard rock cavern, a solution-mined cavern in a salt deposit, and a porous geologic formation (normally an aquifer) of suitable structure. The issues are discussed in four categories: regulatory issues common to most CAES facilities regardless of storage medium, regulatory issues applicable to particular CAES reservoir media, issues related to possible liability from CAES operations, and issues related to acquisition of appropriate property rights for CAES implementation. The focus is on selected federal regulation. Lesser attention is given to state and local regulation. (WHK)

[Euthanasia: legal comparison in selected European countries].

Science.gov (United States)

Doležal, Adam

2018-01-01

This article deals with the subject of euthanasia (all its forms) and other end-of-life decisions, such as assisted suicide, withdrawing and whithholding life-sustaining treatments. Among other things, the article will also deal with the issue of the offense of Homicide by the Victims Request. Based on an empirical historical method, the article compares the various selected legal orders. From this analysis, it draws some conclusions that have an impact on ethical discourse. First of all, the terminology is defined in the article, which is very important in this area. Further, German law is being analysed, with emphasis on Nazi Germany. On that basis, the so-called reductio ad Hitlerum argument is rejected. Research continues and is followed by another states, the Netherlands, Belgium and Switzerland. By analysing them, the following ethical arguments used in euthanasia debates are examined: the argument of a slippery slope and the argument of respect for autonomy. Finally, the judgment of the European Court of Human Rights in the Pretty case is also analysed. On this case, we can demonstrate, how insufficient is argument of human dignity. The last part is dedicated to the Czech Republic and its legal order. Firstly, it focuses on the history of the legal regulation of euthanasia, but the main part deals with the current legal situation. In addition to the recent state of affairs, the bill of Death with dignity act is also being examined. At the end of the article it is pointed out that the Czech regulation is insufficient and changes are necessary. However, the proposed bill of Death with dignity act is not the right way to follow. Rather, it may be wise to adopt an amendment to the Penal Code that would introduce the offense of Homicide by the Victims Request.Key words: assisted suicide - euthanasia - Homicide by the Victims Request - medical futility - withdrawing and whithholding life-sustaining treatment.

Legal issues related to adolescent pregnancy: current concepts.

Science.gov (United States)

Rhodes, A M

1986-09-01

Adolescent pregnancies have risen in recent years. Options open to the pregnant adolescent are: terminating the pregnancy; giving birth to the child out of wedlock; keeping the baby; giving the baby up for adoption; and marriage before or after the birth of the baby. Each of these options carries certain legal ramifications, since the adolescent patients have not reached the age of majority. The state or the parents usually assume the role of decision making on behalf of the adolescent or assist in the decision making process. Court rulings since the early seventies have legalized abortion and enlarged the rights of minors seeking termination of their pregnancies. Both parents and minors have rights under the certain state laws; parent have the right to notification, minors have the right to privacy. Keeping the child, out of wedlock, might result in legal battles over custody and/or establishing financial support from the father. Some adolescent mothers give up their children for adoption. There are 2 legal procedures that have to be accomplished before a child can be adopted: termination of the rights of the natural parents and adoption proceedings. If the parents marry after the birth of the child, the child is then considered legitimate and the father does not have to go through the process of adopting the child. Other issues requiring parental or individual consent include consent to treatment, contraception, or sterilization. In the case of forcible rape or incest, the physician is required to report incidents to law enforcement officials.

Emerging nuclear security issues for transit countries

International Nuclear Information System (INIS)

Gabulov, I.A.

2003-01-01

Full text: Tragic events of September eleventh have made nuclear terrorism dangers more evident. In the light of increased terrorism preventing the spread of nuclear and nuclear related items as well as radioactive materials that can be used for production so-called 'dirty bomb'is an urgent global claim. Nuclear Security issues cover multiple aspects of the security and first of all the threat from nuclear terrorism, detection and protection of illicit trafficking of nuclear materials and other radioactive sources, legal shipment of such type materials as well as nuclear related dual use items. In the face of emerging threats the prevention of proliferation by the development of effective national system of nuclear export controls is hugely important for transit countries like Azerbaijan with underdeveloped export controls and strategic locations along trade and smuggling routes between nuclear suppliers States and countries attempting to develop nuclear weapons or any nuclear explosive devices. Thus, in the face of increasing international threat from nuclear terrorism the role and place of Azerbaijan Republic in the struggle against terrorism increases. In this context it is very important to establish effective national capabilities for detection and prevention of illicit trafficking of radioactive and nuclear materials as well as nuclear related dual use items across Azerbaijan's borders. One of the ways for enhancing and strengthening existing activities in this field is carrying out joint actions between scientists and enforcement officials in order to improve knowledge of the front-line customs and border guard inspectors concerning multiple aspects of Nuclear Security

Renewable energies. Ambivalences, governance, legal issues; Erneuerbare Energien. Ambivalenzen, Governance, Rechtsfragen

Energy Technology Data Exchange (ETDEWEB)

Ekardt, Felix; Hennig, Bettina; Unnerstall, Herwig (eds.)

2012-07-01

The present publication is dedicated to renewable energies. The move to a new energy and climate policy impinges on many central humanistic issues (including issues of a legal, economic, sociological, ethical and politological nature). How is it possible to resolve the ambivalences that are associated with the use of renewable energies and which draw our attention not only to renewable energies as such but also to issues of energy efficiency and sufficiency. What political and economic instruments are needed in order to accelerate the market entry of renewable energies and at the same time contain the ambivalences associated with them? And what questions of legal interpretation result from the application of such instruments in practice, be it in the context of subsidies under the Renewable Energy Law or the laws on the planning of building projects. And where lie the causes of the fact seen here that so many individuals in business, the political realm and the public at large are finding it hard to go with the transition to renewable energies?.

School Psychology in Rural Contexts: Ethical, Professional, and Legal Issues

Science.gov (United States)

Edwards, Lynn M.; Sullivan, Amanda L.

2014-01-01

Delivering psychological services in rural communities presents a number of unique challenges for practitioners relative to their peers in urban and suburban communities. In this article, the authors describe the current context of rural schools and examine the ethical and legal issues school psychologists may face when practicing in rural…

Awareness of legal and social issues related to reproductive health among adolescent girls in rural Varanasi.

Science.gov (United States)

Kansal, Sangeeta; Singh, Sweta; Kumar, Alok

2017-01-01

Data on awareness of adolescent's on the legal and social issues/acts related to reproductive health, especially in rural areas, are scarce. The aim of the present cross-sectional study is to assess the awareness level of legal and social issues related to reproductive health and its association with the various individual and family/household level characteristics. 650 adolescent girls in the age group of 15-19 years were interviewed with the help of pretested and semistructured questionnaire and focus group discussions were also conducted for qualitative findings in Chiraigaon block of district Varanasi. It was observed that 42.9% of the respondents were aware of legal age of marriage, 14.9% knew about the right age of childbearing. Dowry prohibition act and domestic violence act were known to 46% and 27% respondents, respectively, and only 2.6% were aware of medical termination of pregnancy act. Logistic regression analysis shows the significant effect of education on awareness of legal age of marriage, right age of childbearing, domestic violence, and dowry prohibition acts, which is also supported by qualitative findings. All the important legal issues/acts should be included in high school curriculum and female teachers should be involved in training program for adolescents. Role of mass media in creating awareness about these issues in their routine programs should be ascertained. Accredited Social Health Activist and Anganwadi workers should be aware of and include these issues/acts in adolescent meetings.

Electrons without borders: legal issues in exporting power

International Nuclear Information System (INIS)

Atcheson, Aaron

2011-01-01

Miller Thomson LLP provides a range of personal and business law legal services to a variety of projects, particularly those involving renewable energy generation. This paper discusses the legal issues the company has faced in exporting power. There are three ways to export electricity, sale of environmental attributes/carbon credits across borders, via existing transmission facilities and via new transmission facilities. Authorizations by the relevant provincial entity are required to export via the existing transmission. To export power across into the US, permission is needed from both the National Energy Board (NEB) and from the US authorities. The history and the process of obtaining this permission through the NEB are discussed in detail. The approvals and considerations necessary to transport power through new transmission facilities and sale of environmental attributes are given in detail. The paper concludes that a special project is needed with unique opportunities to make the export of power the destination for all production.

Legally protecting and compelling veterinarians in issues of animal abuse and domestic violence.

Science.gov (United States)

Robertson, I A

2010-06-01

The majority of veterinarians recognise their important role and responsibility to society and animal welfare in the detection and reporting of suspected abuse of animals and humans. In spite of the existing moral, ethical, and legal duties applied to veterinarians, they face substantial barriers that prohibit them from fulfilling their professional role in handling cases of suspected abuse. With increasing public and legal attention on issues of animal welfare, the non-fulfillment of these duties places the profession and its members at considerable risk of public criticism and adverse legal accountability. The issue is raised here that the veterinary profession in New Zealand needs to provide a clear policy statement and take pro-active measures that provide practical enforceable solutions to these existing barriers and legal risks. Such an initiative will assist in ensuring that all registered members consistently fulfil their obligations, and are legally protected while doing so. Veterinary counterparts overseas already provide a legislative immunity for their veterinarians who report suspected abuse as part of a mandated duty to report. Implementation of such a duty has significant benefits for all veterinarians, including the requirement for education and effective support systems. In the absence of such a mandatory duty, intermediary measures can be introduced, demonstrating social responsibility and commitment by the profession to their existing duty of care.

Researchers and experts faced with legal issues in radon affairs

International Nuclear Information System (INIS)

Massuelle, M.; Pirard, P.; Hubert, P.

1998-01-01

In France, radon has emerged as a public health issue mainly at the initiative of scientists. Public authorities are currently considering regulations but for a long time scientists faced the radon issue alone. As a consequence, scientists were involved and are still involved in producing knowledge, in informing about their results, in giving advice to various bodies and individuals, and in participating in the process of technical standardization. These functions are identified in the paper in order to sketch out a typology of different situations, formal and informal, in which researchers transformed into experts are called to collaborate. During their missions related to radon, experts are exposed to 'legal risks', particularly in terms of civil liability or 'professional' responsibility and even criminal responsibility. They face legal difficulties because their roles are not clearly defined. Such difficulties will be also described in this paper, because they are symptomatic of the lack of a legal framework for public scientific expertise. Indeed, there is a growing need to involve scientific experts in decision-making in the field of public health. At the same time, however, there is increased protest against the technocratic nature of public decision-making. We observe an increase in the attribution of blame and penal responsibility in French society, as shown in the 'contaminated blood' case in which not only blood suppliers but also public officials and now politicians have been or are being prosecuted. Radon, which is a domestic risk whose reduction relies entirely on homeowners, is sui generis in many ways. Nevertheless, in an analysis of scientists' roles/actions and of the legal difficulties they meet, radon can be used to illustrate the problems that arise as expertise is developed about new risks. (authors)

Gender-Based Pay Disparities in Intercollegiate Coaching: The Legal Issues.

Science.gov (United States)

Gaal, John; Glazier, Michael S.; Evans, Thomas S.

2002-01-01

Explores the legal issues surrounding pay disparities between men and women in intercollegiate coaching, including how courts have treated disparate wage claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and Title IX, and the defenses used by institutions. Offers suggestions for defending claims and a detailed review of…

Resolving legal, ethical, and human rights challenges in HIV vaccine research.

Science.gov (United States)

Patterson, D

2000-01-01

In the absence of a cure for AIDS, attention has turned to the possibility of developing a preventive vaccine for HIV infection. Yet many scientific, ethical, legal, and economic obstacles remain. At the current rate, the development and production of an effective vaccine could take 15 to 20 years or longer. If tens of millions more HIV infections and deaths are to be avoided in the coming decades, vaccine research needs to be greatly expedited. Furthermore, it must be undertaken ethically, and the products of this research must benefit people in developing countries. This article, an edited and updated version of a paper presented at "Putting Third First," addresses challenges arising in HIV preventive vaccine research in developing countries. It does not address clinical research in developing countries relating to treatments or therapeutic vaccines. Nor does it address legal and ethical issues relating to HIV vaccine research in industrialized countries, although similar issues arise in both contexts. The article concludes that while ethical codes are silent on the obligation to undertake research and development, international law provides strong legal obligations--particularly with regard to industrialized states--that should be invoked to accelerate HIV vaccine development, and distribution.

A Legal and Economic Analysis of Austria's Double Tax Treaty Network with Developing Countries

OpenAIRE

Braun, Julia; Fuentes Hernandez, Daniel

2014-01-01

To what degree developing countries gain from signing double tax treaties is being hotly debated. In this paper, we analyze the Austrian tax treaty policy. Combining legal and economic perspectives, we find that developing countries are likely to expect both positive and negative impacts from signing a double tax treaty (DTT) with Austria. On the one hand, the results of our econometric analysis suggest that middle-income countries that sign a DTT with Austria may expect an inc...

Sustainable energy issues in developing countries

Energy Technology Data Exchange (ETDEWEB)

Munasinghe, M [Environmental Policy Division, The World Bank, Washington D.C. (US)

1991-07-01

Increased energy use is a vital pre-requisite for economic development, and less developing countries (LDCs) are struggeling to meet energy needs at acceptable costs. LDC decision-makers share the worldwide environmental concerns, but also face other urgent issues like poverty. The industrialised countries can afford to substitute environmental protection for further material growth, but the LDCs will need concessional funding to participate in addressing global environmental problems. Global financing issues may be analysed and resolved through tradeoffs among several criteria including affordability/additionality, fairness/equity, and economic efficiency. The short-term LDC response to sustainable energy issues will be limited mainly to conventional technologies in efficiency improvements, conservation and resource development. The industrialised nations should provide financial resources to LDCs and develop the technology to be used in the 21st century. Pilot international funds like the Global Environmental Facility and the Ozone Fund will help LDCs participate in the effort to solve global environmental issues. (author) 16 refs.

Ethical and legal issues in caring for asylum seekers and refugees in the UK.

Science.gov (United States)

Hamill, M; McDonald, L; Brook, G; Murphy, S

2004-11-01

Inward migration to the UK remains topical and controversial as numbers continue to increase. Many immigrants have specific health care needs and may shoulder a large burden of infectious disease. Imposition of legal constraints can have a huge impact on the medical care afforded to immigrants. Currently UK policy is to treat, free of charge and with NHS resources, those who fulfil specific criteria. However an increasing number are being asked to pay for their treatment. Many health care professionals are confused as to current legal restrictions and require guidance on the associated ethical issues. We concentrate on provision of care to HIV positive individuals and use cases to illustrate some of the issues. However these issues are equally pertinent to practitioners in all branches of medicine.

International perspectives on the legal environment for selection

NARCIS (Netherlands)

Myors, B.; Lievens, F.; Schollaert, E.; van Hoye, G.; Cronshaw, S.F.; Mladinic, A.; Rodríguez, V.; Aguinis, H.; Steiner, D.D.; Rolland, F.; Schuler, H.; Frintrup, A.; Nikolaou, I.; Tomprou, M.; Subramony, S.; Raj, S.B.; Tzafrir, S.; Bamberger, P.; Bertolino, M.; Mariani, M.; Fraccaroli, F.; Sekiguchi, T.; Onyura, B.; Yang, H.; Anderson, N.; Evers, A.; Chernyshenko, O.; Englert, P.; Kriek, H.J.; Joubert, T.; Salgado, J.F.; König, C.J.; Thommen, L.A.; Chuang, A.; Sinangil, H.K.; Bayazit, M.; Cook, M.; Shen, W.; Sackett, P.R.

2008-01-01

Perspectives from 22 countries on aspects of the legal environment for selection are presented in this article. Issues addressed include (a) whether there are racial/ethnic/religious subgroups viewed as "disadvantaged," (b) whether research documents mean differences between groups on individual

Cross-border issues in the development of medical tourism in Malaysia: legal challenges and opportunities.

Science.gov (United States)

Nemie, Puteri; Kassim, Jahn

2009-08-01

Strategically located at the crossroads of Asia, Malaysia has become one of the key players in the fast-growing and lucrative market for health care services in Asia. Medical travel across international boundaries has been made possible through affordable airfares and the favourable exchange rates of the Malaysian ringgit has contributed to the rise of the "medical tourism phenomenon" where medical travel is combined with visiting popular tourist destinations in Malaysia. Further, competitive medical fees and modern medical facilities have also made Malaysia a popular destination for medical tourists. Nevertheless, the increased number of foreign patients has opened up possibilities of Malaysian health care providers being subjected to malpractice claims and triggering a myriad of cross-border legal issues. Presently, there is no internationally accepted legal framework to regulate medical tourism and issues of legal redress in relation to unsatisfactory provision of treatment across international boundaries. The economic benefits of medical tourism must be based upon a solid legal regulatory framework and strong ethical standards as well as upon high-quality medical and health care services. It is therefore important to assess the existing legal framework affecting the development of medical tourism in Malaysia in order to explore the gaps, deficiencies and possibilities for legal and regulatory reform.

Legal Issues Affecting Libraries and Librarians: Employment Law, Liability and Insurance, Contracts, and Problem Patrons.

Science.gov (United States)

Mika, Joseph J.; Shuman, Bruce A.

1988-01-01

This fourth lesson in a continuing education course on legal issues affecting libraries and librarians discusses the library's rights and legal responsibilities in the areas of censorship and intellectual freedom, the Freedom of Information Act and patron privacy, problem patrons, and ethical considerations of library services. (14 references)…

Difficulties are multiplying - topical legal issues relating to nuclear waste disposal

International Nuclear Information System (INIS)

Strassburg, W.

1985-01-01

The report points out topical legal issues relating to nuclear waste disposal, yet leaves no doubt that the technical-scientific concept for nuclear waste disposal incorporated into the nuclear energy law in 1976 was a success. Nonetheless it is desirable that there should be persistent efforts especially on the part of parliament when issuing legislation or statutory orders to reach greater clearness and thus predictability in areas where technology has been proven by many years of practice. (orig./HSCH) [de

Ethical and legal issues in the clinical practice of primary health care.

Science.gov (United States)

Maestro, Francisco Javier; Martinez-Romero, Marcos; Vazquez-Naya, Jose Manuel; Pereira, Javier; Pazos, Alejandro

2013-01-01

Since it was conceived, the notion of primary care has been a crucial concept in health services. Most health care is provided at this level and primary care clinicians have an essential role, both in terms of disease prevention and disease management. During the last decades, primary health care has evolved from a traditional paternalistic model, in which patients played the role of passive recipient of care, towards a situation in which patients are partners involved in the decision making-process. This new context opened a considerable number of new ethical and legal aspects, which need to be comprehensively analyzed and discussed in order to preserve the quality of primary health care all around the world. This work reviews the most important ethical and legal issues in primary health care. Legislation issues are explained in the context of the Spanish Health Services.

Comparison between legal regulations on radiation protection issued by two governmental bodies

International Nuclear Information System (INIS)

Jonchev, L.

1996-01-01

Legal problems evolving from the equivalence of the rights and obligations of two Bulgarian governmental regulatory bodies: the Ministry of Health and the Committee on the Use of Atomic Energy for Peaceful Purposes (CUAEPP) are discussed. The adequate texts in the legal regulations showing some contradictory and conflicting topics are considered. Special attention is paid to the issues of licensing and regulatory responsibilities of both organizations as well as liquidation of accident consequences. Some proposals for elimination of the discrepancies in those documents are given. 8 refs. (author)

Genetic testing and genomic analysis: a debate on ethical, social and legal issues in the Arab world with a focus on Qatar.

Science.gov (United States)

El Shanti, Hatem; Chouchane, Lotfi; Badii, Ramin; Gallouzi, Imed Eddine; Gasparini, Paolo

2015-11-14

In 2013 both Saudi Arabia and Qatar launched genome projects with the aim of providing information for better diagnosis, treatment and prevention of diseases and, ultimately to realize personalized medicine by sequencing hundred thousands samples. These population based genome activities raise a series of relevant ethical, legal and social issues general, related to the specific population structure as well as to the Islamic perspective on genomic analysis and genetic testing. To contribute to the debate, the Authors after reviewing the existing literature and taking advantage of their professional experience in the field and in the geographic area, discuss and provide their opinions. In particular, the Authors focus on the impact of consanguinity on population structure and disease frequency in the Arab world, on genetic testing and genomic analysis (i.e. technical aspects, impact, etc.) and on their regulations. A comparison between the Islamic perspective and the ethical, social and legal issues raised in other population contexts is also carried. In conclusion, this opinion article with an up-to-date contribution to the discussion on the relevance and impact of genomic analysis and genetic testing in the Arab world, might help in producing specific national guidelines on genetic testing and genomic analysis and help accelerate the implementation and roll out of genome projects in Muslim countries and more specifically in Qatar, and other countries of the Gulf.

Abortion Rights Legal Mobilization in the Peruvian Media, 1990-2015.

Science.gov (United States)

Gianella, Camila

2017-06-01

State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization-in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República , between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media's agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed.

The ethical and legal regulation of HIV-vaccine research in Africa ...

African Journals Online (AJOL)

We discuss the general findings of the audit and the complex issues arising from HIV-vaccine research, specifically. Lastly, we propose specific ways in which the ethical/legal frameworks guiding research with human participants in these countries can be improved. Keywords: Africa, clinical trials, country profiles, ethics, ...

Ethical Issues and Legal Constraints to the Freedom of Information Act

African Journals Online (AJOL)

Unfortunately, there are legal constraints that can hinder the smooth operation of the act. Such constraints need to be dismantled immediately. Besides, there is a great need to address various ethical issue that may equally arise among media practitioners in the course of operating within the limits of the law, posing great ...

Campus Free Speech Presents Both Legal and PR Challenges for Colleges

Science.gov (United States)

Nguyen, AiVi; Dragga, Anthony

2016-01-01

Free speech is fast becoming a hot-button issue at colleges across the country, with campus protests often mirroring those of the public-at-large on issues such as racism or tackling institution-specific matters such as college governance. On the surface, the issue of campus free speech may seem like a purely legal concern, yet in reality,…

An analysis of purchase price of legal and illicit cigarettes in urban retail environments in 14 low- and middle-income countries.

Science.gov (United States)

Brown, Jennifer; Welding, Kevin; Cohen, Joanna E; Cherukupalli, Rajeev; Washington, Carmen; Ferguson, Jacqueline; Clegg Smith, Katherine

2017-10-01

To estimate and compare price differences between legal and illicit cigarettes in 14 low- and middle-income countries (LMIC). A cross-sectional census of all packs available on the market was purchased. Cigarette packs were purchased in formal retail settings in three major cities in each of 14 LMIC: Bangladesh, Brazil, China, Egypt, India, Indonesia, Mexico, Pakistan, the Philippines, Russia, Thailand, Turkey, Ukraine and Vietnam. A total of 3240 packs were purchased (range = 58 packs in Egypt to 505 in Russia). Packs were categorized as 'legal' or 'illicit' based on the presence of a health warning label from the country of purchase and existence of a tax stamp; 2468 legal and 772 illicit packs were in the analysis. Descriptive statistics stratified by country, city and neighborhood socio-economic status were used to explore the association between price and legal status of cigarettes. The number of illicit cigarettes in the sample setting was small (n price of legal cigarettes ranged from US$0.32 in Pakistan (n = 72) to US$3.24 in Turkey (n = 242); median purchase price of illicit cigarettes ranged from US$0.80 in Ukraine (n = 14) to US$3.08 in India (n = 41). The difference in median price between legal and illicit packs as a percentage of the price of legal packs ranged from 32% in Philippines to 455% in Bangladesh. Median purchase price of illicit cigarette packs was higher than that of legal cigarette packs in six countries (Bangladesh, India, Pakistan, Philippines, Thailand, Vietnam). Median purchase price of illicit packs was lower than that of legal packs in Turkey, Ukraine and China. The median purchase price of illicit cigarettes is higher than that of legal cigarette packs in Bangladesh, India, Pakistan, Philippines, Thailand, and Vietnam, Brazil, Egypt, Indonesia, Mexico, Russia appear to have few or no illicit cigarettes for purchase from formal, urban retailers. © 2017 The Authors. Addiction published by John Wiley & Sons Ltd on behalf

Imaging of body packing: errors and medico-legal issues.

Science.gov (United States)

Reginelli, Alfonso; Russo, Anna; Urraro, Fabrizio; Maresca, Duilia; Martiniello, Ciro; D'Andrea, Alfredo; Brunese, Luca; Pinto, Antonio

2015-10-01

Body packing is the ingestion or insertion in the human body of packed illicit substances. Over the last 20 years, drug smuggling has increased global and new means of transport of narcotics have emerged. Among these, the most frequent one is the gastrointestinal tract: from mouth to anus, vagina, and ears. Cocaine is one of the most traded drugs, followed by heroin. Condoms, latex gloves, and balloons are typically used as drug packets for retention in the body. There are different radiologic modalities to detect illicit drugs in body packing: Plain radiography, computed tomography (CT), ultrasound, and magnetic resonance. Current protocols recommend the use of radiography to confirm packet retention and, in case of doubt, the use of abdominal CT scan with reduced mAs. In case of packet rupture, catastrophic effects can occur. Management of patients carrying packets of drugs is a recurrent medico-legal problem. To improve diagnostic accuracy and prevent hazardous complications, radiologists and emergency physicians should be familiar with radiologic features of body packing. The radiologist plays both a social and a medico-legal role in their assessment, and it should not be limited only to the identification of the packages but must also provide accurate information about their number and their exact location. In this review, we focus on diagnostic errors and medico-legal issues related to the radiological assessment of body packers.

Abortion Rights Legal Mobilization in the Peruvian Media, 1990–2015

Science.gov (United States)

Gianella, Camila

2017-01-01

Abstract State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization—in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República, between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media’s agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed. PMID:28630547

Abortion in adolescence: a four-country comparison.

Science.gov (United States)

Welsh, P; McCarthy, M; Cromer, B

2001-01-01

The purpose of this study was to conduct a comparison, using qualitative analytic methodology, of perceptions concerning abortion among health care providers and administrators, along with politicians and anti-abortion activists (total n = 75) in Great Britain, Sweden, The Netherlands, and the United States. In none of these countries was there consensus about abortion prior to legalization, and, in all countries, public discussion continues to be present. In general, after legalization of abortion has no longer made it a volatile issue European countries have refocused their energy into providing family planning services, education, and more straightforward access to abortion compared with similar activities in the United States.

Experiencing abortion rights in India through issues of autonomy and legality: A few controversies.

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Patel, Tulsi

2018-06-01

Abortion laws in India, like other laws, are premised on the 1861 British Penal Code. The Medical Termination of Pregnancy Act was passed in 1971 to circumvent the criminality clause around abortion. Yet the law continues to render invisible women's right to choose. Legal procedures have often hindered in permitting abortion, resulting in the death of a mother or the foetus. Despite the latest techno-medical advances, the laws have remained stagnant or rather restrictive, complicated further by selective female foetus abortions. Legal resistance to abortion-seeking after 20 weeks gestation adversely affects women, depriving them of autonomy of choice. In this paper, raising important gender, health and ethical issues are illustrated through a recent legal case in India. Feminist campaigns against the legal mindset in India are emerging.

Through the Eyes of Higher Education Attorneys: How Department Chairs Are Navigating the Waters of Legal Issues and Risk Management

Science.gov (United States)

Hustoles, Carol L. J.

2012-01-01

Legal and risk management issues substantially impact the operations of colleges and universities, which face escalating compliance requirements in an increasingly litigious environment. Failing to assess legal liability issues and to constructively address them with risk management processes create vulnerability to claims and litigation,…

Development of the Ethical and Legal Issues in Counseling Self-Efficacy Scale

Science.gov (United States)

Mullen, Patrick R.; Lambie, Glenn W.; Conley, Abigail H.

2014-01-01

The authors present the development of the Ethical and Legal Issues in Counseling Self-Efficacy Scale (ELICSES). The purpose of this article is threefold: (a) present a rationale for the ELICSES, (b) review statistical analysis procedures used to develop the ELICSES, and (c) offer implications for future research and counselor education.

Homicidal violence during foreign military missions - prevention and legal issues

Directory of Open Access Journals (Sweden)

G T Okulate

2006-03-01

Full Text Available Objectives. The study involved Nigerian soldiers engaged in peacekeeping missions in Liberia and Yugoslavia. Using case illustrations, the study sought to describe patterns of homicidal violence among soldiers from the same country or soldiers from allied forces, and to suggest possible reasons for the attacks. Design and setting. Nigeria was actively involved in peacekeeping missions in Liberia between 1990 and 1996. During this period, intentional homicidal attacks occurred among the Nigerian military personnel. Post- homicidal interviews conducted among the perpetrators were combined with evidence obtained at military courts to produce the case studies. Subjects. Six Nigerian military personnel who attacked other Nigerians or soldiers from allied forces, with homicidal intent. Results. Possible predisposing and precipitating factors for these attacks were highlighted. The possibility of recognising these factors before embarking on overseas missions was discussed, so that preventive measures could be instituted as far as possible. Finally, medico-legal implications of homicide in the military were discussed. Conclusions. A certain degree of pre-combat selection is essential to exclude soldiers with definite severe psychopathology. A clearly defined length of duty in the mission areas and adequate communication with home could reduce maladjustment. Health personnel deployed to mission areas should be very conversant with mental health issues so that early recognition of psychological maladjustment is possible.

Traumatic spinal cord injuries – epidemiologic and medico-legal issues

OpenAIRE

Hanganu Bianca; Velnic Andreea Alexandra; Petre-Ciudin Valentin; Manoilescu Irina; Ioan Beatrice Gabriela

2017-01-01

Spinal cord injuries represent a special category of injuries in traumatic pathology, with high morbidity and mortality, which justify their analysis with the aim to identify useful aspects in order to prevent and treat them. We therefore performed a retrospective study on 426 cases in order to analyze epidemiology and medico-legal issues related to spinal cord injuries. The studied items regarded socio-demographic aspects (gender, age, home region), type of lesions (vertebral, spinal cord, a...

U.S. financing for international independent power production projects: Legal and business issues

International Nuclear Information System (INIS)

Buehler, J.E. Jr.

1990-01-01

Fundamental changes are occurring in the capital and project development markets both domestically and internationally. In the United States, the capital market has undergone dramatic changes recently, characterized by clubbed debt structures, uncertain pricing spreads, and declining leverage ratios. In response, project sponsors and their investment bankers have created innovative debt and equity structures to attract investors while at the same time minimizing project risk and preserving the flexibility for the project to operate optimally. The structure of a project financing, either U.S. or international, will vary depending on (1) the differing project management/control concerns, financial goals and risk profiles of the developer, equipment and fuel suppliers, bank lenders and equity sources, (2) regulatory issues, such as compliance with the Public Utility Holding Company Act (PUHCA) in the U.S. and similar national utility legislation in the host foreign country, and (3) the tax implications of a given structure to the project owner, lender, and equity supplier. In response to these investor-specific goals and/or constraints, various forms of project structures have been developed. The focus of this paper is on legal and business issues which arise in international project finance, using U.S.project finance as a model that expresses the risk profile that U.S. financial institutions are accustomed to and overlaying the unique risks that are added to project financing which are international in nature

Legal issues with wind farm stakeholders

International Nuclear Information System (INIS)

Atcheson, A.

2006-01-01

Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling

Legal issues with wind farm stakeholders

Energy Technology Data Exchange (ETDEWEB)

Atcheson, A. [Stikeman Elliott LLP, Toronto, ON (Canada)

2006-07-01

Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling

Dementia and legal competency.

Science.gov (United States)

Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

2011-06-01

The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

The cloud security ecosystem technical, legal, business and management issues

CERN Document Server

Ko, Ryan

2015-01-01

Drawing upon the expertise of world-renowned researchers and experts, The Cloud Security Ecosystem comprehensively discusses a range of cloud security topics from multi-disciplinary and international perspectives, aligning technical security implementations with the most recent developments in business, legal, and international environments. The book holistically discusses key research and policy advances in cloud security - putting technical and management issues together with an in-depth treaties on a multi-disciplinary and international subject. The book features contributions from key tho

Legal issues in E-commerce and E-contract in Albania

Directory of Open Access Journals (Sweden)

Uarda Roshi

2016-11-01

Full Text Available Electronic commerce has become a key aspect for many businesses all around the world. This new form of commerce has reshaped the ways of trading, revolutionizing the way of doing business and has brought competitive advantages for both consumer and business. Over the last few years Albania is witnessing a digital revolution too, however although internet access has grown significantly only a few enterprises and a small number of companies have engaged in e-commerce activities. The development of e-commerce is an important element of national economy. Being a new important sector, e-commerce can only flourish where there is a good infrastructure, both legal and technological, which is attractive to consumers and business. So the need for rules and principles facilitating e-commerce has become increasingly evident, too. This paper attempts to provide an overview of the regulatory framework, legal issues and the challenges in the development of electronic commerce in Albania.

German law on circumcision and its debate: how an ethical and legal issue turned political.

Science.gov (United States)

Aurenque, Diana; Wiesing, Urban

2015-03-01

The article aims to illuminate the recent debate in Germany about the legitimacy of circumcision for religious reasons. The aim is both to evaluate the new German law allowing religious circumcision, and to outline the resulting conflict between the surrounding ethical and legal issues. We first elucidate the diversity of legal and medical views on religious circumcision in Germany. Next we examine to what extent invasive and irreversible physical interventions on infant boys unable to given their consent should be carried out for non-medical reasons. To this end, the potential benefits and harms of circumcision for non-medical reasons are compared. We argue that circumcision does not provide any benefits for the 'child as a child' and poses only risks to boys. We then set out to clarify and analyse political (rather than ethical) justifications of the new circumcision law. We demonstrate through this analysis how the circumcision debate in Germany has been transformed from a legal and ethical problem into a political issue, due at least in part to Germany's unique historical context. Although such a particular political sensibility is entirely comprehensible, it raises particular problems when it comes to framing and responding to medical ethical issues - as in the case of religious circumcision. © 2013 John Wiley & Sons Ltd.

Legal and Ethical Issues around Incorporating Traditional Knowledge in Polar Data Infrastructures

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Teresa Scassa

2017-02-01

Full Text Available Human knowledge of the polar region is a unique blend of Western scientific knowledge and local and indigenous knowledge. It is increasingly recognized that to exclude Traditional Knowledge from repositories of polar data would both limit the value of such repositories and perpetuate colonial legacies of exclusion and exploitation. However, the inclusion of Traditional Knowledge within repositories that are conceived and designed for Western scientific knowledge raises its own unique challenges. There is increasing acceptance of the need to make these two knowledge systems interoperable but in addition to the technical challenge there are legal and ethical issues involved. These relate to ‘ownership’ or custodianship of the knowledge; obtaining appropriate consent to gather, use and incorporate this knowledge; being sensitive to potentially different norms regarding access to and sharing of some types of knowledge; and appropriate acknowledgement for data contributors. In some cases, respectful incorporation of Traditional Knowledge may challenge standard conceptions regarding the sharing of data, including through open data licensing. These issues have not been fully addressed in the existing literature on legal interoperability which does not adequately deal with Traditional Knowledge. In this paper we identify legal and ethical norms regarding the use of Traditional Knowledge and explore their application in the particular context of polar data. Drawing upon our earlier work on cybercartography and Traditional Knowledge we identify the elements required in the development of a framework for the inclusion of Traditional Knowledge within data infrastructures.

Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand.

Science.gov (United States)

Rychert, Marta; Wilkins, Chris; Witten, Karen

2017-09-01

New Zealand's Psychoactive Substances Act (2013) established the world's first regulated market for 'low risk' psychoactive products ('legal highs'). Under an interim PSA regime, 47 existing products were permitted to be continued to be sold. To explore issues with the implementation of regulatory systems to monitor the safety of products on the legal market under the interim Psychoactive Substances Act regime. Semi-structured interviews with 30 key stakeholders, including industry, government agency, health and drug service professionals were conducted, transcribed and analysed thematically. In retrospect stakeholders questioned the decision to approve strong synthetic cannabinoid smoking products, noting their health risks because of product formulation, inconsistent manufacturing practices and smoking as the means of administration. Industry actors claimed the decision to approve synthetic cannabinoid smokeable products prevented potentially safer products from gaining market share. The system for withdrawing approved products which were subsequently found to be harmful was criticised for the poor quality of data available, limited engagement with health professionals and the slowness of product withdrawal. Many of the problems with the regime were attributed to the urgency under which the legal market under the interim Psychoactive Substances Act was established and implemented. The selection of 'safer' products, implementation of the product monitoring system, and engagement with health professionals may have benefited from more time and resources. An incremental approach to establishing the new market may have made the regulatory management of the new regime more workable. [Rychert M, Wilkins C, Witten K. Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand. Drug Alcohol Rev 2017;00:000-000]. © 2017 Australasian Professional Society on Alcohol and other Drugs.

THE ISSUE OF CRYPTOCURRENCY LEGAL REGULATION IN UKRAINE AND ALL OVER THE WORLD: A COMPARATIVE ANALYSIS

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Mykola Inshyn

2018-01-01

Full Text Available As soon as the usage of cryptocurrency in the last few years has been gaining popularity all over the world, and this global trend has affected Ukraine, the purpose of the paper is to examine the essence of cryptocurrency, to identify the issues of its legal regulation in Ukraine, as well as using the analysis of world experience in this sphere, to identify ways of the improvement for relevant domestic legislation. The authors have indicated that the cryptocurrency market (or “virtual” money operates successfully and provides an opportunity to analyse dynamics of the cost, supply, and demand of about 90-100 different cryptocurrency. Problem’s setting. The authors of the paper have emphasized that despite increasing popularity of cryptocurrency in Ukraine and throughout the world, there is no single clear definition of this concept. Therefore, the authors of this article state that cryptocurrency is a digital decentralized currency, a unit of which is a coin cryptographically protected against tampering since it is encrypted information that cannot be copied, while all information about transactions is stored in the blockchain system. Methodology. The study primarily uses comparative methods for the purposes of examination of the approaches taken under different jurisdictions towards cryptocurrency. Additionally, analysis of the body of theoretical literature on the matter was conducted. Results of the study allowed drawing several conclusions on the prospects of further development of the legal framework for cryptocurrencies in Ukraine since nowadays the country is neutral in the issue of using and regulating cryptocurrency and consequently it is losing precious time, because: first, potentially loses money, which could enter the state budget from individuals, who receive income from transactions on cryptocurrency markets; and secondly, the state runs a risk of citizens’ rights violation because of no real instruments for their

Iatrogenic splenic injury: review of the literature and medico-legal issues

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Feola Alessandro

2016-01-01

Full Text Available Iatrogenic splenic injury is a recognized complication in abdominal surgery. The aim of this paper is to understand the medico-legal issues of iatrogenic splenic injuries. We performed a literature review on PubMed and Scopus using iatrogenic splenic or spleen injury and iatrogenic splenic rupture as keywords. Iatrogenic splenic injury cases were identified. Most cases were related to colonoscopy, but we also identified cases related to upper gastrointestinal procedures, colonic surgery, ERCP, left nephrectomy and/or adrenalectomy, percutaneous nephrolithotomy, vascular operations involving the abdominal aorta, gynecological operation, left lung biopsy, chest drain, very rarely spinal surgery and even cardiopulmonary resuscitation. There are several surgical procedures that can lead to a splenic injury. However, from a medico-legal point of view, it is important to assess whether the cause can be attributed to a technical error of the operator rather than being an unpredictable and unpreventable complication. It is important for the medico-legal expert to have great knowledge on iatrogenic splenic injuries because it is important to evaluate every step of the first procedure performed, how a splenic injury is produced, and whether the correct treatment for the splenic injury was administered in a judgment.

Legal issues relating to the Ontario FIT contract - An update

International Nuclear Information System (INIS)

Weizman, Michael

2011-01-01

The paper discusses the legal issues related to the Ontario FIT contract, which includes the FIT waiver agreement, WTO challenge, FIT extension, political risk assessment and issues related to unforeseen events beyond human control (force majeure). The risk of termination of the FIT waiver is omitted for convenience by OPA but timing implications relating to the FIT waiver are included. The binding agreement for supply of generating equipment is also presented and the term sheet for turbine equipment and bill of purchase being understood as binding agreements is questioned. Political risks relate to existing contracts, lawsuit risks and changes to the REA process. Change in government and the implications of minority government can be added to the political risks. A successful WTO challenge has been assumed and the possible implications are discussed. Some of them include risk to FIT contracts already issued; changes in DC requirements and in FIT contract pricing and re-pricing of construction and turbine equipment supply contracts if DC requirements are relaxed.

Regulating the helping hand: improving legal preparedness for cross-border disaster medicine.

Science.gov (United States)

Fisher, David

2010-01-01

Medical care is a highly regulated field in nearly every country. Therefore, it is not surprising that legal issues regularly arise in cross-border disaster operations that have with the potential to profoundly impact the effectiveness of international assistance. Little attention has been paid to preparing for and addressing these kinds of issues. This paper will report on research by the International Federation of Red Cross and Red Crescent Societies (IFRC) on International Disaster Response Law, and discuss new developments in the international legal framework for addressing these issues. For seven years, the IFRC has studied legal issues in cross-border disaster assistance. Its activities have included several dozen case studies, a global survey of governments and humanitarian stakeholders, and a series of meetings and high-level conferences. The IFRC has found a consistent set of regulatory problems in major disaster relief operations related to the entry and regulation of international relief. These include some issues specific to the health field, such as the regulation of drug donations and the recognition of foreign medical qualifications. To address the gaps in domestic and international regulatory structures, the IFRC spearheaded the development of new international guidelines. The legal risks for international health providers in disaster settings are real and should be better integrated into program planning. Governments must become more proactive in ensuring that legal frameworks are flexible enough to mitigate these problems.

Legal issues in clouds: towards a risk inventory.

Science.gov (United States)

Djemame, Karim; Barnitzke, Benno; Corrales, Marcelo; Kiran, Mariam; Jiang, Ming; Armstrong, Django; Forgó, Nikolaus; Nwankwo, Iheanyi

2013-01-28

Cloud computing technologies have reached a high level of development, yet a number of obstacles still exist that must be overcome before widespread commercial adoption can become a reality. In a cloud environment, end users requesting services and cloud providers negotiate service-level agreements (SLAs) that provide explicit statements of all expectations and obligations of the participants. If cloud computing is to experience widespread commercial adoption, then incorporating risk assessment techniques is essential during SLA negotiation and service operation. This article focuses on the legal issues surrounding risk assessment in cloud computing. Specifically, it analyses risk regarding data protection and security, and presents the requirements of an inherent risk inventory. The usefulness of such a risk inventory is described in the context of the OPTIMIS project.

LEGAL ISSUES RELATED TO THE SHARIAH ADVISORY COUNCIL IN MALAYSIA

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Norhashimah Mohd Yasin

2013-08-01

Full Text Available Malaysia has always aspired to be the hub for Islamic banking and finance. Various measures have been, and are being, carried out to promote Malaysia as an international Islamic banking and financial centre. As the backbone for this, the national Shariah Advisory Council (SAC has been established under the auspices of the Central Bank of Malaysia Act 1958 (CBMA. Under the CBMA, the SAC has been conferred a statutory function as the authority for the ascertainment of Islamic law for the purposes of Islamic banking, as well as business and other types of Islamic financial businesses. In 2009, the CBMA 1958 was replaced and repealed. With the coming into force of the CBMA 2009, the role and functions of the SAC was reinforced and upgraded in terms of appointments of members and, most importantly, that the Shariah rulings pursuant to any reference made to the SAC by the Civil court or arbitrator concerning Shariah matters shall be binding on the Islamic financial institutions as well as on the court and any arbitrator. The issue of whether or not the SAC is the final arbiter on Islamic banking and finance disputes or, in other words, there is no longer a process of judicial review where it involves Shariah matters, will be the highlight of this paper. To what extent does the post CBMA 2009 solve the binding nature of the SAC upon the Civil courts of Malaysia as its rulings and directives are only relevant to ‘Shariah’ issues? What would be the situations if the issues of the Islamic banking and finance cases are deemed not to amount to a ‘Shariah’ issue, but are purely on banking, land matters or contractual interpretations? Has there any actual legal reform been brought about by this amendment or is it merely a cosmetic changes? If the court were to be bound by the SAC rulings, does this not usurp the independence of the judiciary which is the corner stone of the principle of separation of powers between the executive, the legislature and

A review of abortion laws in Western-European countries. A cross-national comparison of legal developments between 1960 and 2010

NARCIS (Netherlands)

Levels, Mark; Sluiter, Roderick; Need, Ariana

2014-01-01

The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal

Religious legal systems: challenges of the modernity

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Д. В. Лук’янов

2015-11-01

Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

Ethical, legal and social issues to consider when designing a surrogacy law.

Science.gov (United States)

Ekberg, Merryn Elizabeth

2014-03-01

The aim of this article is to address the ethical, legal and social issues that arise when a woman becomes pregnant and gives birth to a child with the intention of surrendering this child to another woman or couple. The secondary aim is to offer some recommendations that will be beneficial for the lawmakers, policymakers and regulators who design and enforce the rules and regulations that govern surrogacy arrangements. The article considers both commercial and altruistic surrogacy and highlights some of the similarities and differences between the two. Beginning with the initial question of whether surrogacy should be legal, the controversial questions raised relate to the time before conception, during the pregnancy and after the birth of the child. The article concludes that surrogacy arrangements are ethical and should be legal because they enable the medically and socially infertile, including singles and same-sex couples, the opportunity to become parents and to enjoy the lifelong pleasures of parenthood. For many, this will be the strongest argument for the legalisation of surrogacy and the greatest benefit to arise from surrogacy arrangements.

LGBT Workplace Issues for Astronomers

Science.gov (United States)

Kay, Laura E.; Danner, R.; Sellgren, K.; Dixon, V.; GLBTQastro

2011-01-01

Federal Equal Employment Opportunity laws and regulations do not provide protection from discrimination on the basis of sexual orientation or gender identity or gender expression. Sexual minority astronomers (including lesbian, gay, bisexual and transgender people; LGBT) can face additional challenges at school and work. Studies show that LGBT students on many campuses report experiences of harassment. Cities, counties, and states may or may not have statutes to protect against such discrimination. There is wide variation in how states and insurance plans handle legal and medical issues for transgender people. Federal law does not acknowledge same-sex partners, including those legally married in the U.S. or in other countries. Immigration rules in the U.S. (and many other, but not all) countries do not recognize same-sex partners for visas, employment, etc. State `defense of marriage act' laws have been used to remove existing domestic partner benefits at some institutions, or benefits can disappear with a change in governor. LGBT astronomers who change schools, institutions, or countries during their career may experience significant differences in their legal, medical, and marital status.

Change over time in parents' beliefs about and reported use of corporal punishment in eight countries with and without legal bans.

Science.gov (United States)

Lansford, Jennifer E; Cappa, Claudia; Putnick, Diane L; Bornstein, Marc H; Deater-Deckard, Kirby; Bradley, Robert H

2017-09-01

Stopping violence against children is prioritized in goal 16 of the Sustainable Development Goals adopted by the United Nations General Assembly in 2015. All forms of child corporal punishment have been outlawed in 50 countries as of October 2016. Using data from 56,371 caregivers in eight countries that participated in UNICEF's Multiple Indicator Cluster Survey, we examined change from Time 1 (2005-6) to Time 2 (2008-13) in national rates of corporal punishment of 2- to 14-year-old children and in caregivers' beliefs regarding the necessity of using corporal punishment. One of the participating countries outlawed corporal punishment prior to Time 1 (Ukraine), one outlawed corporal punishment between Times 1 and 2 (Togo), two outlawed corporal punishment after Time 2 (Albania and Macedonia), and four have not outlawed corporal punishment as of 2016 (Central African Republic, Kazakhstan, Montenegro, and Sierra Leone). Rates of reported use of corporal punishment and belief in its necessity decreased over time in three countries; rates of reported use of severe corporal punishment decreased in four countries. Continuing use of corporal punishment and belief in the necessity of its use in some countries despite legal bans suggest that campaigns to promote awareness of legal bans and to educate parents regarding alternate forms of discipline are worthy of international attention and effort along with legal bans themselves. Copyright © 2016 Elsevier Ltd. All rights reserved.

Ethical, legal and clinical aspects of live surgery in urology - contemporary issues and a glimpse of the future.

Science.gov (United States)

Cumpanas, Alin Adrian; Ferician, Ovidiu Catalin; Latcu, Silviu Constantin; Pricop, Catalin; Bardan, Razvan Tiberiu

2017-01-01

Beside dry and wet lab training, simulators, video tapes, fellowships and clinical visits, live surgery has gained popularity during the last years, being an attraction point at large scientific meetings and at postgraduate courses as well. This type of surgical training raises both ethical and legal issues. Thus, there are professional societies that have banned such meetings, mainly due to safety reasons for the patient. The current article aims to identify and to discuss ethical and legal issues related to the topic, advantages, disadvantages and weak points of this emerging challenge for modern medicine, trying to analyze the issues from all relevant points of view: those of the patient, the surgeon and the session attendant.

The key issues facing the electricity systems of developing countries

International Nuclear Information System (INIS)

Oliveira, A. de

1991-01-01

This report covers a common project designed to investigate the major issues and possible future direction in the electricity systems of developing countries in AFRICA, ASIA and LATIN AMERICA. Individual centres each had responsibility for preparing a detailed report on the experiences and issues in their own country plus a regional report, in less detail, to cover neighbouring countries. In this disaggregated way, a picture of the whole of the developing world (with the exception of the Middle East, the problems of which are in some ways distinct from those of other developing countries) has been built up. 30 Refs.; 14 Figs.; 33 Tabs

Increasing transparency in the European Union: developments of Country-by-Country Reporting

Directory of Open Access Journals (Sweden)

Alicja Brodzka

2017-09-01

Full Text Available Increasing transparency in the European Union: developments of Country-by-Country Reporting The aim of the paper is to bring closer Country-by-Country Reporting and outline possible future amendments of the introduced anti-tax avoidance measures. The article presents the motives of implementing the international CbC initiative, aimed at increasing transparency of the biggest multinational enterprises, with particular emphasis on the specificity of the European Union. Part 2 of the paper analyses the Euro-pean legal bases for companies’ financial reporting. It also gives an overview of the main findings of Directive 2016/881, which implements Country-by-Country Reporting and allows for the exchange of information between tax authorities. Part 3 deals with the national perspective, presenting the CbC solu-tions implemented to the Polish legal system; the paper also attempts to assess the potential impact of tax information disclosures, both from the perspective of taxpayers and the tax administration. The final part presents conclusions and tries to draft future developments of the Country-by-Country Reporting system. In the paper, the following research methods have been used: critical analysis and deduction, with partic-ular reference to the source materials and legal acts, as well as the reports of the European Commission, consulting companies, and NGOs. Although the article deals with tax matters, CbC Reporting is an im-portant and relevant issue from the point of view of researchers and accounting specialists. Reporting this phenomenon is part of the accounting science as a universal tool for recording economic phenomena. The author examined all relevant sources and took into account all important factors in order to obtain a com-prehensive picture of CbC Reporting and to prepare a paper that may serve as a reference for future research.

Legal barriers in accessing opioid medicines: results of the ATOME quick scan of national legislation of eastern European countries.

Science.gov (United States)

Vranken, Marjolein J M; Mantel-Teeuwisse, Aukje K; Jünger, Saskia; Radbruch, Lukas; Lisman, John; Scholten, Willem; Payne, Sheila; Lynch, Tom; Schutjens, Marie-Hélène D B

2014-12-01

Overregulation of controlled medicines is one of the factors contributing to limited access to opioid medicines. The purpose of this study was to identify legal barriers to access to opioid medicines in 12 Eastern European countries participating in the Access to Opioid Medication in Europa project, using a quick scan method. A quick scan method to identify legal barriers was developed focusing on eight different categories of barriers. Key experts in 12 European countries were requested to send relevant legislation. Legislation was quick scanned using World Health Organization guidelines. Overly restrictive provisions and provisions that contain stigmatizing language and incorrect definitions were identified. The selected provisions were scored into two categories: 1) barrier and 2) uncertain, and reviewed by two authors. A barrier was recorded if both authors agreed the selected provision to be a barrier (Category 1). National legislation was obtained from 11 of 12 countries. All 11 countries showed legal barriers in the areas of prescribing (most frequently observed barrier). Ten countries showed barriers in the areas of dispensing and showed stigmatizing language and incorrect use of definitions in their legislation. Most barriers were identified in the legislation of Bulgaria, Greece, Lithuania, Serbia, and Slovenia. The Cypriot legislation showed the fewest total number of barriers. The selected countries have in common as main barriers prescribing and dispensing restrictions, the use of stigmatizing language, and incorrect use of definitions. The practical impact of these barriers identified using a quick scan method needs to be validated by other means. Copyright © 2014 American Academy of Hospice and Palliative Medicine. Published by Elsevier Inc. All rights reserved.

Interpretation of the “Refugee” Term in the International Legal Acts and Laws of the CIS Countries

Directory of Open Access Journals (Sweden)

Gennadij A. Borisov

2017-06-01

Full Text Available The article describes peculiarities of the "refugee" term interpretation in the international legal acts and laws of the CIS countries. In particular, much attention is paid to its usage in the UN Convention of 1951 “About the status of refugees” and Protocol to it of 1967, and also in the Laws of the Russian Federation (Federal Law of 19.02 1993 No 4528-I “About refugees”, Armenia (The Law of the Armenia Republic of 16.01.2007 No ЗР-47 “About refugees and asylum”, Belarus (The Law of the Belarus Republic of 23.06 2008 No 354-З “About granting to citizens and people with no citizenship a refugee status, additional or temporal protection in the Belarus Republic” and Ukraine (The Law of Ukraine of 08.07.2011 No 3671-VI “About refugees and people who need additional or temporal protection”. Specific features of the interpretation of the concept of "refugee" in the legal system of these states are defined. The article gives arguments as for a single approach to the “refugee” term interpretation that must be legally confirmed within every country by a traditional international definition.

Medico-legal autopsies in Denmark

DEFF Research Database (Denmark)

Larsen, Sara Tangmose; Lynnerup, Niels

2011-01-01

At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

[Legal aspects and the treatment procedure of gender dysphoria in Hungary].

Science.gov (United States)

Kórász, Krisztián

2015-07-26

The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper.

ORGANIZATIONAL, LEGAL AND TECHNOLOGICAL ASPECTS OF HEALTH INFORMATION EXCHANGE

Directory of Open Access Journals (Sweden)

N. A. Karasev

2017-01-01

Full Text Available The article discusses organizational and legal aspects of electronic health information exchange in developed countries, particularly, introduction of electronic medical records in the United States and Europe, as well as topical issues related to standardization of information technologies in health care. We briefly describe the most popular standards used in e-medicine, such as Digital Imaging and Communications in Medicine (DICOM, openEHR and HL7. The questions of syntactic and semantic interoperability in the exchange of electronic medical records and some aspects of the digital signature use are also considered. We suggest mechanisms for implementation of electronic document management and sharing of digital medical information, as one of the most important directions of information technologies in health care. It is noted that today, the main limiting factor in providing the digital exchange of health information in Russian Federation is unresolved legal issues, i.e. the absence of a legal framework of electronic medical records share. At the same time, the level of IT development in our country is quite sufficient to meet current challenges. It is stated that, despite the unresolved number of problems (for example, completeness of medical data on a patient, given to relatives in critical situations, the adoption of a single electronic card is able to bring medical care to a new level, especially in emergency and urgent medicine.

Economic and Legal Aspects of Air Transport in Turkey

Directory of Open Access Journals (Sweden)

Gisoo Mihandoust

2017-12-01

Full Text Available The aviation sector has highlighted the importance of economic and legal regulations in conjunction with the changes in the conditions of competition with the acceleration of globalization. The regulations in the aviation sector directly or indirectly affect the airline operators, which is critical as a result of its effects on the economic systems of the countries. Legal responsibilities in terms of influencing passenger rights and competition law issues; has a natural impact on shaping aviation regulations, sector dynamics and competitive conditions which is effecting the dynamic structure of the sector. This study aims to examine the economic and legal aspects of air transportation carried out in Turkey and to contribute to the literature as a result of the researches.

Inpatient forensic-psychiatric care: Legal frameworks and service provision in three European countries.

Science.gov (United States)

Edworthy, Rachel; Sampson, Stephanie; Völlm, Birgit

2016-01-01

Laws governing the detention and treatment of mentally disordered offenders (MDOs) vary widely across Europe, yet little information is available about the features of these laws and their comparative advantages and disadvantages. The purpose of this article is to compare the legal framework governing detention in forensic psychiatric care in three European countries with long-established services for MDOs, England, Germany and the Netherlands. A literature review was conducted alongside consultation with experts from each country. We found that the three countries differ in several areas, including criteria for admission, review of detention, discharge process, the concept of criminal responsibility, service provision and treatment philosophy. Our findings suggest a profound difference in how each country relates to MDOs, with each approach contributing to different pathways and potentially different outcomes for the individual. Hopefully making these comparisons will stimulate debate and knowledge exchange on an international level to aid future research and the development of best practice in managing this population. Copyright © 2016 Elsevier Ltd. All rights reserved.

E-therapy: practical, ethical, and legal issues.

Science.gov (United States)

Manhal-Baugus, M

2001-10-01

E-therapy is a term that has been coined to describe the process of interacting with a therapist online in ongoing conversations over time when the client and counselor are in separate or remote locations and utilize electronic means to communicate with each other. It is a relatively new modality of assisting individuals resolve life and relationship issues. E-therapy utilizes the power and convenience of the internet to allow simultaneous (synchronous) and time-delayed (asynchronous) communication between an individual and a professional. For the purposes of this paper, e-therapy is defined as a licensed mental health care professional providing mental health services via e-mail, video conferencing, virtual reality technology, chat technology, or any combination of these. It does not include self-help methods such as public bulletin boards or private listservs. E-therapy is not psychotherapy or psychological counseling per se since it does to presume to diagnose or treat mental or medical disorders. However, e-therapy is flexible enough to also address many difficulties which clients present to the online therapist. As in other types of therapy, such as bibliotherapy, occupational therapy, and rehabilitation therapy), e-therapy does assist a person in addressing specific concerns with specific skills. This article examines the following issues of e-therapy. First, the types of e-therapy and related services are described to provide a background for the article. Second, the ethical codes which have been adopted by three major professional organizations (American Counseling Association, National Board for Certified Counselors, and the International Society for Mental Health Online) pertaining to e-therapy are summarized for professional and consumer use. Finally, the practical, ethical, and legal issues of e-therapy services are discussed fully.

Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

Science.gov (United States)

Grosse, Claudia; Grosse, Alexandra

2015-10-01

This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

The story of abortion: Issues, Controversies and a case for the ...

African Journals Online (AJOL)

Abortion continues to be a major public health issue that evokes social, political, legal, cultural and religious sentiments and debates in all societies. This is particularly so in countries with restrictive abortion laws. It is one of the leading causes of maternal mortality and morbidity. Despite variations in the legal status of ...

Inbound medical tourism to Barbados: a qualitative examination of local lawyers' prospective legal and regulatory concerns.

Science.gov (United States)

Crooks, Valorie A; Cohen, I Glenn; Adams, Krystyna; Whitmore, Rebecca; Morgan, Jeffrey

2015-07-28

Enabled by globalizing processes such as trade liberalization, medical tourism is a practice that involves patients' intentional travel to privately obtain medical care in another country. Empirical legal research on this issue is limited and seldom based on the perspectives of destination countries receiving medical tourists. We consulted with diverse lawyers from across Barbados to explore their views on the prospective legal and regulatory implications of the developing medical tourism industry in the country. We held a focus group in February 2014 in Barbados with lawyers from across the country. Nine lawyers with diverse legal backgrounds participated. Focus group moderators summarized the study objective and engaged participants in identifying the local implications of medical tourism and the anticipated legal and regulatory concerns. The focus group was transcribed verbatim and analyzed thematically. Five dominant legal and regulatory themes were identified through analysis: (1) liability; (2) immigration law; (3) physician licensing; (4) corporate ownership; and (5) reputational protection. Two predominant legal and ethical concerns associated with medical tourism in Barbados were raised by participants and are reflected in the literature: the ability of medical tourists to recover medical malpractice for adverse events; and the effects of medical tourism on access to health care in the destination country. However, the participants also identified several topics that have received much less attention in the legal and ethical literature. Overall this analysis reveals that lawyers, at least in Barbados, have an important role to play in the medical tourism sector beyond litigation - particularly in transactional and gatekeeper capacities. It remains to be seen whether these findings are specific to the ecology of Barbados or can be extrapolated to the legal climate of other medical tourism destination countries.

Participation of Public Benefit Organizations in Income Tax – Financial and Legal Issues

Directory of Open Access Journals (Sweden)

Robert Musiałkiewicz

2014-03-01

Full Text Available The purpose of the article is a legal analysis of the participation of public benefit organizations in personal income tax. The author defines public benefit organizations, indicating the conditions that they need to meet in order to be able to participate in the personal income tax. Broad considerations relate to the analysis of the legal structure of the 1% tax deduction, its scope and the procedures for transfer of funds from the State budget to eligible entities. The article also presents the scale of the issues against the background of the practical functioning of the public finances. The article summarizes the reflection on the rationality and the essence of the transfer of public funds to public benefit organizations.

[Medical-legal issues of physical and pharmacological restraint].

Science.gov (United States)

Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

2014-03-01

The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

Drug product selection: legal issues.

Science.gov (United States)

Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A

2001-01-01

To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.

[Legal issues of physician-assisted euthanasia part I--terminology and historical overview].

Science.gov (United States)

Laux, Johannes; Röbel, Andreas; Parzeller, Markus

2012-01-01

Under German criminal law, euthanasia assisted by the attending physician involves the risk of criminal prosecution. However, in the absence of clear legal provisions, the law concerning euthanasia has been primarily developed by court rulings and jurisprudential literature in the last 30 years. According to a traditional classification there are four categories of euthanasia: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. However, there is still no generally accepted definition for the general term "euthanasia". The development of the law on the permissibility of euthanasia was strongly influenced by the conflict between the right of self-determination of every human being guaranteed by the Constitution and the constitutional mandate of the state to protect and maintain human life. The decisions of the German Federal Court of Justice on euthanasia in the criminal trials "Wittig" (1984), "Kempten" (1994) and "Putz" (2010) as well as the ruling of the 12th Division for Civil Matters of the Federal Court of Justice (2003) are of special importance. Some of these decisions were significantly influenced by the discussions in the jurisprudential literature. However, the German Bundestag became active for the first time as late as in 2009 when it adopted the 3rd Guardianship Amendment Act, which also contains provisions on the legal validity of a living will independent of the nature and stage of an illness. In spite of the new law, an analysis of the "Putz" case makes it especially clear that the criminal aspects of legal issues at the end of a person's life still remain controversial. It is to be expected that this issue will remain the subject of intensive discussion also in the next few years.

Selected legal and institutional issues related to Ocean Thermal Energy Conversion (OTEC) development

Energy Technology Data Exchange (ETDEWEB)

Nanda, V. P.

1979-06-01

Ocean Thermal Energy Conversion (OTEC), an attractive alternative to traditional energy sources, is still in the early stages of development. To facilitate OTEC commercialization, it is essential that a legal and institutional framework be designed now so as to resolve uncertainties related to OTEC development, primarily involving jurisdictional, regulatory, and environmental issues. The jurisdictional issues raised by OTEC use are dependent upon the site of an OTEC facility and its configuration; i.e., whether the plant is a semipermanent fixture located offshore or a migrating plant ship that provides a source of energy for industry at sea. These issues primarily involve the division of authority between the Federal Government and the individual coastal states. The regulatory issues raised are largely speculative: they involve the adaptation of existing mechanisms to OTEC operation. Finally, the environmental issues raised center around compliance with the National Environmental Policy Act (NEPA) as well as international agreements. 288 references.

The Legal Case

NARCIS (Netherlands)

Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

2013-01-01

This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

Learning Lessons from the Past: Legal Issues Arising from Ireland's Child Abuse Reports

Directory of Open Access Journals (Sweden)

Ursula Kilkelly

2012-01-01

Full Text Available Inquiries have played an important role in telling the stories of children abused and neglected in Ireland in situations of family abuse, clerical abuse and institutional abuse. The inquiries – associated with the name of the chairperson (Ryan or by their geographical remit (Dublin, Ferns, Cloyne, Kilkenny and Roscommon – serve to vindicate the rights of the children affected and to identify the failure of the authorities to protect children from harm. They also make numerous recommendations as to how children’s treatment can be improved. Although each inquiry had varying terms of reference, scope and status, together they address a wide range of issues of both specific and general significance to the issue of child protection. Focus is clearly placed on how child protection practice can be improved but many of the inquiries also comment on the legal framework and make recommendations for the reform of various aspects of child protection law and policy. This paper argues that the legal implications of these inquiries can be reduced to three overarching issues: the legislative provision for the mandatory reporting of child abuse; the need for robust and effective inspection mechanisms to ensure the protection of children, and the issue of constitutional law reform. The analysis shows that these measures are neither straightforward nor a panacea to the intractable problem of providing effective protection to children from abuse. However, taken with the other recommendations identified in the child abuse reports, they represent the beginning of a lasting legacy for the victims of abuse so tragically failed by their families, by the state and by society at large.

Legal issues in the transboundary movement of radioactive waste

International Nuclear Information System (INIS)

Pelzer, N.

2000-01-01

The transboundary movement of radioactive waste is a politically sensitive issue, which implies the raising of complex legal questions. Transborder transportation may be governed by various national jurisdictions on its way from the State of origin via the transit States to the State of destination. The overall goal to be achieved is safe management during all the necessary steps of transport, handling, storage and disposal. Far-reaching approximation or harmonization of national law applicable is to be aimed at in order to facilitate transboundary movement. Article 27 of the 1997 Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention) provides for a regime which, in principle, is appropriate. However, there are still open questions and, perhaps, lacunae remaining. Low risk materials exempt or released from regulatory control create specific problems owing to the fact that there are no agreed exemption or clearance levels which could be the base for unified legal provisions. The carrier may face different levels from State to State. The movement of radioactive waste by sea or air outside national jurisdictions is governed by the rules of Public International Law, especially by the 1982 United Nations Convention on the Law of the Sea, which in major parts is a codification of existing International Customary Law. During transport on the high seas, the ship is under the jurisdiction of the State under which flag she is sailing. If the nuclear cargo is loaded onto a ship sailing under the flag of a non-contracting party to the Joint Convention, there may be legal problems with regard to whether and to what extent the Joint Convention is applicable, even if the State of origin or the State of destination is a contracting party to the Joint Convention. If a nuclear incident occurs during the movement of the waste, complicated questions of nuclear liability law will have to be solved. As far as the

Ethical Legal and Social Issues of Biobanking: Past, Present, and Future.

Science.gov (United States)

Bledsoe, Marianna J

2017-04-01

The past 15 years has seen considerable changes in the research environment. These changes include the development of new sophisticated genetic and genomic technologies, a proliferation of databases containing large amount of genotypic and phenotypic data, and wide-spread data sharing among many institutions, nationally and internationally. These changes have raised new questions regarding how best to protect the participants of biobanking research. In response to these questions, best practices for addressing the legal, ethical, and social issues of biobanking have been developed. In addition, new ethical guidelines related to biobanking have been established, as well as new regulations regarding privacy and human subject protections. Finally, changes in the science and the research environment have raised complex ethical issues related to biobanking, such as questions about the most appropriate consent models to use for biobanking research, commercial use and ownership issues, and whether and how to return individual research results to biobank participants. This article reviews some of the developments over the past 15 years related to the ELSI of biobanking with a look toward the future.

Expanding OPEC production capacity: some legal and environmental aspects

International Nuclear Information System (INIS)

Al-Sahlawi, M.A.

1992-01-01

There is general consensus that the global demand for oil will increase in the medium-to-long term. It is predicted that much of this additional demand will be for OPEC oil. Therefore, it will become necessary to expand OPEC production capacity to meet this perceived increase. In recent years, many OPEC countries have launched far-reaching and, in some cases, radical plans to expand their production capacity. However, given the various investment and political constraints faced by the 13 OPEC Members, each country differs markedly in its ability to boost production capacity sufficiently to meet self-imposed targets. In this paper, we examine the importance to the oil market of recent oil supply trends and possible future attempts to build OPEC production capacity, focussing in particular on the legal and environmental issues involved. A review is provided of the legal mechanisms currently evolving in OPEC Countries to encourage investment in their oil industries. In addition, we outline the impact of the environmental movement of OPEC's expansion programmes. (author)

Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

Directory of Open Access Journals (Sweden)

T du Plessis

2008-12-01

Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

The Chemical Weapons Convention -- Legal issues

Energy Technology Data Exchange (ETDEWEB)

NONE

1997-08-01

The Chemical Weapons Convention (CWC) offers a unique challenge to the US system of constitutional law. Its promise of eliminating what is the most purely genocidal type of weapon from the world`s arsenals as well as of destroying the facilities for producing these weapons, brings with it a set of novel legal issues. The reservations about the CWC expressed by US business people are rooted in concern about safeguarding confidential business information and protecting the constitutional right to privacy. The chief worry is that international verification inspectors will misuse their power to enter commercial property and that trade secrets or other private information will be compromised as a result. It has been charged that the Convention is probably unconstitutional. The author categorically disagrees with that view and is aware of no scholarly writing that supports it. The purpose of this presentation is to show that CWC verification activities can be implemented in the US consistently with the traditional constitutional regard for commercial and individual privacy. First, he very briefly reviews the types of verification inspections that the CWC permits, as well as some of its specific privacy protections. Second, he explains how the Fourth Amendment right to privacy works in the context of CWC verification inspections. Finally, he reviews how verification inspections can be integrated into these constitutional requirements in the SU through a federal implementing statute.

Carbon Capture and Storage: legal issues

Energy Technology Data Exchange (ETDEWEB)

Mace, M.J.

2006-10-15

Carbon dioxide Capture and Storage (CCS) describes the process of capturing CO2 emissions from industrial and energy-related processes, compressing the gas to a liquid form, transporting it to a storage site (by pipeline, ship, truck or rail), and injecting it into a geological cavity – to isolate it from the atmosphere. CCS has been described as one option in the 'portfolio' of mitigation options - useful as a bridging technology to address the most prevalent greenhouse gases by volume in the short term, while economies make the shift from fossil fuels to low-carbon energy sources, including renewables. The IPCC has estimated that CCS has the potential to contribute 15-55% of the cumulative mitigation effort worldwide until 2100. However, for this to occur, the IPCC estimates that several hundreds or thousands of CO2 capture systems would need to be installed over the next century. Such a prospect raises a host of legal and regulatory issues and concerns. CCS activities will have to be undertaken in a manner consistent with the range of existing regulatory frameworks developed at the national level to address environmental and health and safety risks. But consistency with international law will also be essential where transboundary impacts are possible, transboundary transportation is involved, or offshore storage activities are contemplated.

Legal issues confronting the occupational physician.

Science.gov (United States)

Lewis, Kenneth S; Kleper, Ann-Louise

2002-01-01

Occupational physicians are frequently participants in a legal arena in which the interests of the patient are in conflict with those of the patient's employer. What is best for the patient may be viewed as financially burdensome or damaging to the employer. Pressures may be brought to bear upon the doctor, who is also concerned with furthering business relationships with the employer, to take action that is inimical to the patient's well-being. This article addresses legal liability and ethical responsibility in three situations: (1) when limitations or constraints are placed upon the physician's professional judgment in treating the patient; (2) when demands are made upon the physician to release medical information regarding a patient; and (3) when the physician is asked to perform a medical evaluation for purposes of litigation.

Attitudes Toward Same-Gender Adoption and Parenting: An Analysis of Surveys from 16 Countries

Directory of Open Access Journals (Sweden)

Darrel Montero

2014-05-01

Full Text Available Globally, little progress has been made toward the legalization of same-gender adoption. Of the nearly 200 United Nations members, only 15 countries with populations of 3 million or more have approved LGBT adoption without restrictions. The objectives of this paper are, first, to provide a brief background of the obstacles confronting same-gender adoption including the role of adoption agencies and parenting issues; second, to discuss the current legal status of the 15 countries which have approved same-gender adoption without restrictions; third, to report on recent public opinion regarding the legalization of same-gender adoption and parenting, drawing from previously published surveys conducted in 16 countries; and, fourth, to explore the implications for social work practice including social advocacy and social policy implementation.

Resolving legal issues in the transfer of technologies in environmental restoration and waste management

International Nuclear Information System (INIS)

Katz, J.; Richards, F. III; Underwood, J.P.

1994-01-01

In reforming its contracting and procurement processes, the Department of Energy (DOE) should also make reforms to facilitate the transfer and commercialization of environmental restoration and waste management technologies between DOE laboratories and the private sector. These reforms would address the three related legal issues of patents, conflict of interest, and liability. This paper discusses each issue and considers possible solutions to them. These solutions include contractual clauses to specifically address the needs of all involved parties, improved definition of development and implementation rights, and increased protections for contractors. If DOE, or the Federal Government more generally, successfully resolves these issues and makes the appropriate changes to the DOE procurement system, transfer and commercialization will more efficiently, effectively, and easily occur

Notes on the legal status of non-EU foreign workers in Spain.

OpenAIRE

Margarita Tarabini-Castellani Aznar

2016-01-01

The object of this study is to analyze «grosso modo» the legal status of foreign workers from third countries, paying special attention to foreigners without a work permit. For reasons of space, I will only point out those issues which deserve greater attention and those which I have found of particular interest.

Public health legal preparedness in Indian country.

Science.gov (United States)

Bryan, Ralph T; Schaefer, Rebecca McLaughlin; DeBruyn, Lemyra; Stier, Daniel D

2009-04-01

American Indian/Alaska Native tribal governments are sovereign entities with inherent authority to create laws and enact health regulations. Laws are an essential tool for ensuring effective public health responses to emerging threats. To analyze how tribal laws support public health practice in tribal communities, we reviewed tribal legal documentation available through online databases and talked with subject-matter experts in tribal public health law. Of the 70 tribal codes we found, 14 (20%) had no clearly identifiable public health provisions. The public health-related statutes within the remaining codes were rarely well integrated or comprehensive. Our findings provide an evidence base to help tribal leaders strengthen public health legal foundations in tribal communities.

Access to Strong Opioid Analgesics in the Context of Legal and Regulatory Barriers in Eleven Central and Eastern European Countries.

Science.gov (United States)

Vranken, Marjolein J M; Mantel-Teeuwisse, Aukje K; Schutjens, Marie-Hélène D B; Scholten, Willem K; Jünger, Saskia; Medic, Dr Rer; Leufkens, Hubert G M

2018-04-06

In 2011-2013, >95% of the global opioid analgesics consumption occurred in three regions, accounting for 15% of the world population. Despite abundant literature on barriers to access, little is known on the correlation between actual access to opioid analgesics and barriers to access, including legal and regulatory barriers. This study aimed to evaluate the correlation between access to strong opioid analgesics and barriers to access in national legislation and regulations in 11 central and eastern European countries that participated in the Access to Opioid Medication in Europe (ATOME) project. Two variables were contrasted to assess their correlation: the country level of access to strong opioid analgesics indicated by the Adequacy of Consumption Measure (ACM) and the number of potential legal and regulatory barriers identified by an external review of legislation and regulations. A linear correlation was evaluated using a squared linear correlation coefficient. Evaluation of the correlation between the ACM and the number of potential barriers produces an R 2 value of 0.023 and a correlation plot trend line gradient of -0.075, indicating no correlation between access to strong opioid analgesics and the number of potential barriers in national legislation and regulations in the countries studied. No correlation was found, which indicates that other factors besides potential legal and regulatory barriers play a critical role in withholding prescribers and patients essential pain medication in the studied countries. More research is needed toward better understanding of the complex interplay of factors that determine access to strong opioid analgesics.

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

Directory of Open Access Journals (Sweden)

Oleksii Drozd

2017-12-01

Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

Legal Issues Related to Donation of Organs, Tissues and Cells of Human Origin

Directory of Open Access Journals (Sweden)

Gabriela Mironov

2010-06-01

Full Text Available Scientific developments, positive changes in attitude of the man and the new legal framework allow the donation of organs, tissues and cells of human origin. In this context it is necessary to clarifywhether the donation covered by the special law is, legally, one and the same as that covered by the Romanian Civil Code in force and qualified the successor’s right to accept or reject late withdrawals for transplantation. The right to life and physical integrity is personal patrimony; it is a subjective civil right that has no economic content and it cannot be measured in money. Consequently, the content of these rights can not be expressed in money, the property does not belong to their owner. Given the above view, "the right of disposal" to donation of organs, tissues and cells of human origin is an attribute of ownership, right to life and physical integrity, as a personal right that is an intimate attribute patrimonial related to the person’s right to dispose of his body as it wishes, within the law. Addressing these issues it is necessary to clarify the legal consequences of donating organs, tissues and cells of human origin, considering that medical activities are becoming more numerous.

Notes on the legal status of non-EU foreign workers in Spain.

Directory of Open Access Journals (Sweden)

Margarita Tarabini-Castellani Aznar

2016-10-01

Full Text Available The object of this study is to analyze «grosso modo» the legal status of foreign workers from third countries, paying special attention to foreigners without a work permit. For reasons of space, I will only point out those issues which deserve greater attention and those which I have found of particular interest.

[LEGAL REGULATION OF TRANSPLANTOLOGY AT THE PRESENT STAGE: UKRAINIAN ISSUE AND EXPERIENCE OF FOREIGN STATES].

Science.gov (United States)

Sovgyria, O

2018-03-01

The objective of the research is to analyze the legal regulation in the transplantology field at the present stage in Ukraine. To address identified challenges, the author investigates the foreign countries experience and suggests ways of improving certain mechanism for legal regulation in the field of organ transplantation and anatomical materials. The empiric material of the study included a wide range of legal instruments regulating this sphere of legal relationships, information regarding the problems of their application, statistics, expert analysis of Ukrainian and foreign researchers. Methodological mechanism of current research includes such methods: systematic, logical and formal, structural-functional, comparative. The research found that the most world's successful model for the organization of transplantation is in Spain. Additionally, the criteria for the reception of such a model are singled out as well as certain aspects of their application in Ukraine are analyzed. Particularly, the most important criteria are: universal and general territorial proliferation of national health systems; relevant economic resources (special attention is paid to the fact that transplantation is not a medicine of luxury, and an adequate compensation to hospitals for transplantation operations should serve as a main economic aspect); an adequate and necessary number of doctors and nurses; the availability of advanced technical options for medical mechanical ventilation (air conditioning of dead bodies). The research led to the following overall findings. Due to the rapid development of medical and biological sciences, there is an urgent need on further investigation of legal, moral and ethical, general medical aspects of transplantation with subsequent proposals for improving legislation in the field of human organs transplantation and other anatomical materials. At the same time, development of appropriate legislation by complex groups of cross-disciplinary specialists

Telemedicine for Developing Countries. A Survey and Some Design Issues.

Science.gov (United States)

Combi, Carlo; Pozzani, Gabriele; Pozzi, Giuseppe

2016-11-02

Developing countries need telemedicine applications that help in many situations, when physicians are a small number with respect to the population, when specialized physicians are not available, when patients and physicians in rural villages need assistance in the delivery of health care. Moreover, the requirements of telemedicine applications for developing countries are somewhat more demanding than for developed countries. Indeed, further social, organizational, and technical aspects need to be considered for successful telemedicine applications in developing countries. We consider all the major projects in telemedicine, devoted to developing countries, as described by the proper scientific literature. On the basis of such literature, we want to define a specific taxonomy that allows a proper classification and a fast overview of telemedicine projects in developing countries. Moreover, by considering both the literature and some recent direct experiences, we want to complete such overview by discussing some design issues to be taken into consideration when developing telemedicine software systems. We considered and reviewed the major conferences and journals in depth, and looked for reports on the telemedicine projects. We provide the reader with a survey of the main projects and systems, from which we derived a taxonomy of features of telemedicine systems for developing countries. We also propose and discuss some classification criteria for design issues, based on the lessons learned in this research area. We highlight some challenges and recommendations to be considered when designing a telemedicine system for developing countries.

Gas purchasing -- Business, legal, and contracting issues

International Nuclear Information System (INIS)

Krathwohl, E.J.

1998-01-01

While the daily newspapers and radio are full of articles and advertisements concerning the impending opening up of the electric industry to customer choice of supplier, little attention is being given to choice in the natural gas markets. The fact is, however, that except for California and some scattered pilot programs, retail electric markets are not yet open and even the imminent deadlines for retail access may prove to be illusory. For example, Rhode Island retail electric markets, by law, were open to competition July 1, 1997 but a month later less than a handful of customers had chosen alternative suppliers. In contrast, customers everywhere are already able to choose their own gas supplier, other than the local gas utility that had supplied all customers for so many years. With this new freedom of choice comes not only a number of benefits, but also risks. This article seeks to provide customers some guidance in obtaining such benefits and avoiding the risks. Ultimately, that is accomplished through a careful selection process, best done by means of an RFP with expert assistance, and through a negotiated gas contract. Before addressing specific contracting issues one must understand the legal and regulatory framework which governs the transportation of the natural gas

Preventing medico-legal issues in clinical practice

Directory of Open Access Journals (Sweden)

Bevinahalli N Raveesh

2016-01-01

Full Text Available The medical profession is considered to be one of the noblest professions in the world. The practice of medicine is capable of rendering noble service to humanity provided due care, sincerity, efficiency, and professional skill is observed by the doctors. However, today, the patient–doctor relationship has almost diminished its fiduciary character and has become more formal and structured. Doctors are no longer regarded as infallible and beyond questioning. Corporatization of health care has made it like any other business, and the medical profession is increasingly being guided by the profit motive rather than that of service. On the other hand, a well-publicized malpractice case can ruin the doctor's career and practice. The law, like medicine, is an inexact science. One cannot predict with certainty an outcome of cases many a time. It depends on the particular facts and circumstances of the case, and also the personal notions of the judge concerned who is hearing the case. The axiom “you learn from your mistakes” is too little honored in healthcare. The best way to handle medico-legal issues is by preventing them, and this article tries to enumerate the preventive measures in safeguarding the doctor against negligence suit.

Social media in the health-care setting: benefits but also a minefield of compliance and other legal issues.

Science.gov (United States)

Moses, Richard E; McNeese, Libra G; Feld, Lauren D; Feld, Andrew D

2014-08-01

Throughout the past 20 years, the rising use of social media has revolutionized health care as well as other businesses. It allows large groups of people to create and share information, ideas, and experiences through online communications, and develop social and professional contacts easily and inexpensively. Our Gastroenterology organizations, among others, have embraced this technology. Although the health-care benefits may be many, social media must be viewed through a legal lens, recognizing the accompanying burdens of compliance, ethical, and litigation issues. Theories of liability and risk continue to evolve as does the technology. Social media usage within the medical community is fraught with potential legal issues, requiring remedial responses to meet patients' needs and comply with current laws, while not exposing physicians to medical malpractice and other tort risks.

Legal and ethical issues arising with preimplantation human embryos.

Science.gov (United States)

Robertson, J A

1992-04-01

The development of in vitro fertilization has led to ethical and legal controversies concerning actions with externalized preembryos. A legal and ethical consensus is emerging that preembryos are not legal persons or moral subjects, although they are owed special respect because of their ability to implant and come to term. In addition, gamete providers are recognized as having dispositional authority over whether preembryos will be created, cryopreserved, placed in a uterus, discarded, donated, or used in research. Prior agreements over preembryo disposition are the best way to minimize disputes between the gamete providers.

Using Comics to Communicate Legal Contract Cancellation

Directory of Open Access Journals (Sweden)

Marietjie Botes

2017-10-01

Full Text Available This article investigates how comics can be used to adequately communicate the correct process of contract cancellation and whether comics can enhance understanding of the legal process. A survey of pre-owned vehicle buyers of various levels of education in Pretoria, South Africa found that when comics are used to communicate contract cancellation, a significant increase in the comprehension of the legal cancellation process occurs. The results may influence how contracting parties may choose to communicate complex legal issues in future, specifically to consumers with little formal education or when parties are confronted with severe language barriers, which is highly relevant in a country such as South Africa with eleven official languages and generally low levels of education. The article argues that representatives tasked with explaining contractual content to contracting parties should consider making use of comics to aid them in their communication process to ensure proper understanding and execution of terms and conditions, which in turn may lead to fewer disputes and avoid expensive litigation.

Succession Issues among Family Entrepreneursin Countries of the Gulf

OpenAIRE

Ralph Palliam; Hanas A. Cader; Charles Chiemeke

2011-01-01

Small family business succession is gaining increased prominence in Western societies. In Arab societies, literature on family business succession is virtually nonexistent. As Arab societies are embracing Western values, the issues of family business succession that are considered in the West will become major issues in Arab societies. This empirical study explores the transferability of theoretical constructs developed in the West to the countries of the Gulf Cooperation Council. The finding...

42 CFR 57.1511 - Opinion of legal counsel.

Science.gov (United States)

2010-10-01

... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...

Legal Barriers in Accessing Opioid Medicines : Results of the ATOME Quick Scan of National Legislation of Eastern European Countries

NARCIS (Netherlands)

Vranken, Marjolein J M; Mantel-Teeuwisse, Aukje K; Jünger, Saskia; Radbruch, Lukas; Lisman, John; Scholten, Willem; Payne, Sheila; Lynch, Tom; Schutjens, Marie-Hélène D B

2014-01-01

CONTEXT: Overregulation of controlled medicines is one of the factors contributing to limited access to opioid medicines. OBJECTIVES: The purpose of this study was to identify legal barriers to access to opioid medicines in 12 Eastern European countries participating in the Access to Opioid

The interface of legal and esthetic considerations

Science.gov (United States)

Richard C. Smardon

1979-01-01

This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

Energy investments and environmental implications: key policy issues in developing countries

Energy Technology Data Exchange (ETDEWEB)

Siddayao, Corazon M. (World Bank Washington, DC (USA). Economic Development Institute)

1992-03-15

Energy investments imply changes in the physical, social, and economic environment. Hence, both the short-term and the long-term costs and benefits of these investments must be taken into account. These changes may affect not only the immediate environment of the investment site but may extend geographically far beyond national borders as well as beyond the lifetimes of the people for whom the investments are intended. This paper reviews the issues relevant to developing countries. General conceptual and policies issues are discussed. Issues about the measurement of costs and benefits (including issues of 'sustainability' and the internalization of externalities resulting from environmental changes) as well as the role of opportunity costs in deciding a country's energy investment strategies are raised. The macroeconomic and institutional issues relevant to environmental impacts that might be incorporated in energy planning are suggested. The paper is based on a presentation to the 'Workshop on energy investments and the environment'. 24 refs., 1 fig.

Future issues in transplantation ethics: ethical and legal controversies in xenotransplantation, stem cell, and cloning research.

Science.gov (United States)

Shapiro, Robyn S

2008-07-01

With little prospect of developing a sufficient supply of human transplantable organs to meet the large and growing demand, attention has turned to xenotransplantation, as well as stem cell and cloning research, as possible approaches for alleviating this allograft shortage. This article explores ethical and legal issues that surround developments in these fields.

Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

International Nuclear Information System (INIS)

Lippek, H.E.; Schuller, C.R.

1979-03-01

A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel

Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

Energy Technology Data Exchange (ETDEWEB)

Lippek, H.E.; Schuller, C.R.

1979-03-01

A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel.

Ethical, social, and legal issues surrounding studies of susceptible populations and individuals.

Science.gov (United States)

Soskolne, C L

1997-01-01

Calls for professional accountability have resulted in the development of ethics guidelines by numerous specialty and subspecialty groups of scientists. Indeed, guidelines among some health professions now address vulnerable and dependent groups: but these are silent on issues related to biomarkers. In parallel, attention has been drawn to human rights concerns associated with attempts to detect hypersusceptible workers, especially in democratic countries. Despite this, concern for vulnerable populations grows as advances in biomarker technology make the identification of genetic predisposition and susceptibility markers of both exposure and outcome more attainable. In this article, the principles derived from the ethical theory of utilitarianism provide the basis for principle-based ethical analysis. In addition, the four principles of biomedical ethics--respect for autonomy, beneficence, nonmaleficence, and social justice--are considered for biomarker studies. The need for a context in which ethical analysis is conducted and from which prevailing social values are shown to drive decisions of an ethical nature is emphasized; these include statutory regulation and law. Because biomarker studies can result in more harm than good, special precautions to inform research participants prior to any involvement in the use of biomarkers are needed. In addition, safeguards to maintain the privacy of data derived from biomarker studies must be developed and implemented prior to the application of these new technologies. Guidelines must be expanded to incorporate ethical, social, and legal considerations surrounding the introduction of new technologies for studying susceptible populations and individuals who may be vulnerable to environmental exposures. PMID:9255569

International countertrade arrangements and their legal structure: Double edge sword or future of the modern trade

Directory of Open Access Journals (Sweden)

Milenković-Kerković Tamara

2011-01-01

Full Text Available The experiences and the practice of many countries show that countertrade could be used as the significant method for incensement of the export as well as for the promotion of the foreign investments even in the period of deep financial crises. Contemporary governments' pro-active countertrade orientation in USA, Israel, Sweden, Norway, Japan and other developed countries highlights the inadequacy of the obsolete and stereotypical concept of the countertrade as the compensation transaction based on the 'trade without money' concept. Besides this, the practices proved that countertrade transactions are the consequence and the indicator of economic shocks. Therefore, the study of the special legal issues that may arise in countertrade transactions will be very important not only for the domestic legal doctrine but also for the commercial practice. As national laws do not contain provisions specific for countertrade, it is of particular importance to analyze legal question such as structuring and drafting of countertrade arrangements as well as to study the question of the legal nature of the contractual link between legal instruments which form multicontractual mechanism of countertrade transactions. The character of the legal connection among the legal instruments in countertrade arrangement, as well as the legal nature of the countertrade commitment, strongly influence the countertrade agreement's legal nature. The economic reality of a group of contracts joined by the common goal of the transaction (consideration and the countertrade commitment has to be followed by the legal reality which will recognize the legal interdependence of the obligation deriving from the legally independent countertrade arrangement.

€œLegal Boundaries of Online Advertising"

OpenAIRE

Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

2014-01-01

This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

[Some legal issues on sexual delinquency].

Science.gov (United States)

Romi, Juan C

2009-01-01

In this article we describe the criminal sexual conducts and their incidence in crime, as well as the psychogenesis of the criminal sexual behaviour, the profile of the sexual delinquent and the most common sexual disturbances found. It shall be mentioned the paraphilic crime, the serial sexual delinquent and their legal consequences.

Size matters: the ethical, legal, and social issues surrounding large-scale genetic biobank initiatives

Directory of Open Access Journals (Sweden)

Klaus Lindgaard Hoeyer

2012-04-01

Full Text Available During the past ten years the complex ethical, legal and social issues (ELSI typically surrounding large-scale genetic biobank research initiatives have been intensely debated in academic circles. In many ways genetic epidemiology has undergone a set of changes resembling what in physics has been called a transition into Big Science. This article outlines consequences of this transition and suggests that the change in scale implies challenges to the roles of scientists and public alike. An overview of key issues is presented, and it is argued that biobanks represent not just scientific endeavors with purely epistemic objectives, but also political projects with social implications. As such, they demand clever maneuvering among social interests to succeed.

Guidelines for conducting bulletproof workplace investigations: Part II--searches, surveillance, and other legal issues.

Science.gov (United States)

Koen, Clifford M; Mitchell, Michael S

2012-01-01

A proper and thorough investigation can help avoid or successfully defend lawsuits. When conducting workplace investigations, employers must take care to conduct reasonable searches and not violate employees' rights to privacy. This article addresses privacy and other legal issues surrounding the use of various types of electronic surveillance including wiretapping, video/photography, and monitoring of e-mail. While conducting such searches, employers must be vigilant in their efforts to avoid liability for defamation and to properly document the investigation. Guidance is provided on these issues along with advice on the recommendation and/or remedial action that may result from the investigation and a checklist of additional considerations when conducting investigations resulting from harassment.

Large-scale Water-related Innovative Renewable Energy Projects and the Water Framework Directive : Legal Issues and Solutions

NARCIS (Netherlands)

van Hees, S.R.W.

2017-01-01

This article discusses two legal issues that relate to the conflict between the interest of protecting water quality under the Water Framework Directive (WFD), versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy

The Long Term Effects of Legalizing Divorce on Children

OpenAIRE

Gonzalez, Libertad; Viitanen, Tarja

2008-01-01

We estimate the effect of divorce legalization on the long-term well-being of children. Our identification strategy relies on exploiting the different timing of divorce legalization across European countries. Using European Community Household Panel data, we compare the adult outcomes of cohorts who were raised in an environment where divorce was banned with cohorts raised after divorce was legalized in the same country. We also have "control" countries where all cohorts were exposed (or not ...

The long term effects of legalizing divorce on children

OpenAIRE

González Luna, Libertad; Viitanen, Tarja

2008-01-01

We estimate the effect of divorce legalization on the long-term well-being of children. Our identification strategy relies on exploiting the different timing of divorce legalization across European countries. Using European Community Household Panel data, we compare the adult outcomes of cohorts who were raised in an environment where divorce was banned with cohorts raised after divorce was legalized in the same country. We also have "control" countries where all cohorts were exposed (or not ...

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

OpenAIRE

Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

2017-01-01

The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

Legal Framework of Renewable Energy Sources in the European Union

OpenAIRE

Milto, Yuliya

2017-01-01

The thesis analyses the following issues: historical development of energy and renewable energy sources legislation in the European Economic Community (EEC): the role of energy crisis of 1973 – 1974 in development of renewable energy legislation; international cooperation in the field of energy and renewable energy between EEC and third countries and membership of the EEC in international energy organizations dealing with energy; the European Union renewable energy policy and legal fra...

Handling ethical, legal and social issues in birth cohort studies involving genetic research: responses from studies in six countries

Directory of Open Access Journals (Sweden)

LeGrandeur Jane

2010-03-01

Full Text Available Abstract Background Research involving minors has been the subject of much ethical debate. The growing number of longitudinal, pediatric studies that involve genetic research present even more complex challenges to ensure appropriate protection of children and families as research participants. Long-term studies with a genetic component involve collection, retention and use of biological samples and personal information over many years. Cohort studies may be established to study specific conditions (e.g. autism, asthma or may have a broad aim to research a range of factors that influence the health and development of children. Studies are increasingly intended to serve as research platforms by providing access to data and biological samples to researchers over many years. This study examines how six birth cohort studies in North America and Europe that involve genetic research handle key ethical, legal and social (ELS issues: recruitment, especially parental authority to include a child in research; initial parental consent and subsequent assent and/or consent from the maturing child; withdrawal; confidentiality and sample/data protection; handling sensitive information; and disclosure of results. Methods Semi-structured telephone interviews were carried out in 2008/09 with investigators involved in six birth cohort studies in Canada, Denmark, England, France, the Netherlands and the United States. Interviewees self-identified as being knowledgeable about ELS aspects of the study. Interviews were conducted in English. Results The studies vary in breadth of initial consent, but none adopt a blanket consent for future use of samples/data. Ethics review of new studies is a common requirement. Studies that follow children past early childhood recognise a need to seek assent/consent as the child matures. All studies limit access to identifiable data and advise participants of the right to withdraw. The clearest differences among studies concern

Multinational repositories: Ethical, legal and political/public aspects

International Nuclear Information System (INIS)

Boutellier, C.; McCombie, C.; Mele, I.

2006-01-01

Concepts for shared multinational repositories face a great challenge in achieving acceptance, despite the fact that they promise advantages in safety, security, environmental protection and costs. When considering advantages of shared multinational repositories, it is instructive to examine which are the ethical, legal and political issues that mostly affect the feasibility of implementing such facilities. This paper addresses the key questions from two opposite sides. The early part takes a 'top-down' view, looking at the international debate on ethical issues, summarising a wide range of national political attitudes and identifying relevant international legislation and treaties. The latter looks 'bottom-up' at the problem, by discussing the situation of a small country, Slovenia. Slovenia has limited financial resources for implementing disposal - but it has a firm commitment to fulfilling its responsibilities for safely managing all Radioactive Wastes (RAW) arising in the country. Strategies considered to do so are laid out in this paper. (author)

Legal issues of tax rates

OpenAIRE

Sadílek, Jiří

2010-01-01

Tax rate problems The subject of the graduation thesis is legal problems of tax rate. The aim of this thesis is description and estimation of the flat tax rate and states, where is established. First of all I define the basic kinds of tax systems - the tax system with one tax rate, the progressive tax system and the flat tax system. Further I deal with the principles and elements of the flat tax rate as interpreted by American economists Robert E. Hall and Alvin Rabushka who are generally ack...

"Why can't I give you my organs after my heart has stopped beating?" An overview of the main clinical, organisational, ethical and legal issues concerning organ donation after circulatory death in Italy.

Science.gov (United States)

Giannini, Alberto; Abelli, Massimo; Azzoni, Giampaolo; Biancofiore, Gianni; Citterio, Franco; Geraci, Paolo; Latronico, Nicola; Picozzi, Mario; Procaccio, Francesco; Riccioni, Luigi; Rigotti, Paolo; Valenza, Franco; Vesconi, Sergio; Zamperetti, Nereo

2016-03-01

Donation after circulatory death (DCD) is a valuable option for the procurement of functioning organs for transplantation. Clinical results are promising and public acceptance is quite good in most western countries. Yet, although DCD is widespread in Europe, several problems still persist in Italy as well as in some other countries. This paper aims to describe the main clinical, organisational, ethical and legal issues at stake, bearing in mind the particular situation created by Italian legislation. Currently, as regards DCD, Italy is somewhat different from other countries. Therefore, every effort should be made for the safe and effective implementation of DCD programs: uncontrolled DCD programs should be promoted and encouraged, within the framework of shared and authoritative rules. At the same time, we need to tackle the question of controlled DCD, promoting debate among all involved subjects regarding the fundamental issues of end-of-life care within protocols that best integrate the highest standard of care for the dying and the legitimate interests of those awaiting a life-saving organ.

The Challenge of Online Gambling: The Effect of Legalization on the Increase in Online Gambling Addiction.

Science.gov (United States)

Chóliz, Mariano

2016-06-01

It is possible that the growth and promotion of online gambling will result in substantially increased use of these types of games in countries where they are legal. This may be especially true for young people due to their interest in such games. In this context, it is important to note that online gambling is more addictive than any other type of game due its structural characteristics, such as immediacy, accessibility, ease of betting, and so on. This study examined the effect of online gambling in Spain 2 years after its legalization. The sample included 1277 pathological gamblers in recovery at 26 gambling addiction treatment centers. Our results showed a significant increase in young pathological gamblers since the legalization of this activity. This is a very relevant issue because, as in the case of Spain, many countries are currently in process of legalization of many types of online games. Scientific research can be useful to adapt the adequate gambling policies in order to prevent the gambling addiction.

International legal protection of environment in the system of fundamental generally recognized principles of international law

International Nuclear Information System (INIS)

Meherremov, A.A.

2007-01-01

The issue of international legal protection of environment in the system of fundamental, generally recognized principles of international law is analyzed in the article taking into consideration the different opinions in legal scientific researches and international practice. It is concluded that the protection of environment for the present and next generations - is a basic principle of international legal protection of environment. The meaning of this principleis that the countries will take all necessary measures for preservation and promotion of the quality of environment for the present and next generations, as well as rational management of natural resources. Adoption and national legal implementation of specific norms, in conformity with that basic principle, is a main factor in resolution of environmental problemsand ensuring environmental security

Legal and Policy Issues for LGBT Patients with Cancer or at Elevated Risk of Cancer.

Science.gov (United States)

Cahill, Sean R

2018-02-01

To understand the major legal and policy issues for lesbian, gay, bisexual and transgender (LGBT) cancer patients. LGBT health policy research. Major policy issues include discrimination, lack of cultural competency and clinically appropriate care, insurance coverage, family recognition, and sexual orientation and gender identity data collection. Nurses play a major role in providing affirming and competent care to LGBT cancer patients. Using correct names and pronouns with transgender patients, and collecting sexual orientation and gender identity data can send an affirming message to LGBT patients, as well as inform decision support and preventive screenings, and improve treatment outcomes. Copyright © 2017 Elsevier Inc. All rights reserved.

Exploring Contemporary Legal Issues in Schools from a Social Justice Frame: The Need for Ongoing Professional Development and Training for Practicing Educational Leaders

Science.gov (United States)

Brackett, David A.; Perreault, George; Sparkman, William; Thornton, Billy W.; Barclay, Nicholas

2014-01-01

Most educational leadership preparation programs include classes designed to provide a broad survey of legal issues in the profession. Soon after these future leaders complete course requirements, their knowledge base can be outdated. We discuss, through relevant research along with theoretical and actual case studies, contemporary legal issues…

International legal and political issues associated with the export/import of nuclear power plants

International Nuclear Information System (INIS)

Manning Muntzing, L.

1978-01-01

The benefits of nuclear power can be achieved by most nations only through international commerce that has been shaped by political considerations and implemented through legal instruments. The end product is a structure of legal agreements designed to implement the basic political and commercial decisions that are required for any nation to enter the nuclear power arena. The IAEA Statute, the Non-Proliferation Treaty and regional nuclear agreements have reflected the international political consensus concerning nuclear power. In recent years, however, events have occurred that in all probability will result in additional international arrangements. It is expected that the increase in terrorist activities will result in greater physical protection commitments, that concern for weapons proliferation will result in further definition of sanctions, and that such troublesome issues as double labelling of materials will be discussed by the international community. In areas such as bilateral agreements between nations, commercial arrangements and export licences, this is a period of rethinking, renegotiating, and readjusting. The result is a degree of uncertainty and lack of stability that could so jeopardize the potential for nuclear transfers that the nuclear energy option may not vest. While there always will be questions and issues, it is essential to settle some of the key problems without delay so that nuclear benefits can be realized. (author)

BITCOIN - BETWEEN LEGAL AND INFORMAL

Directory of Open Access Journals (Sweden)

Loredana MAFTEI

2014-09-01

Full Text Available The proliferation of technology emphasized new forms of payment. During the last years, current literature highlighted the role of virtual currency, the channels of payment through digital coins and the importance of assimilation of such platforms. Bitcoin or BTC is known as a digital coin, issued for the first time in 2009 and based on a peer to peer system. The difference from other forms of payment is that BTC is not controlled by any institution or central authority. BTC transactions have grown rapidly, ”asking" for regulation measures or legal approval of governments. Although BTC has become very popular, the market is poor and unfortunately of no confidence. There is a lack of regulation which can determine a number of risks associated with criminal financing activities. However, the legal status of Bitcoin is present in many European countries like Belgium, Bulgaria, Denmark, Finland, Germany, Lithuania, Norway, Poland, Slovenia, Switzerland or Turkey. Also, this type of currency has experienced a rapid evolution among coffee shops and restaurants.

Towards a European code of medical ethics. Ethical and legal issues.

Science.gov (United States)

Patuzzo, Sara; Pulice, Elisabetta

2017-01-01

The feasibility of a common European code of medical ethics is discussed, with consideration and evaluation of the difficulties such a project is going to face, from both the legal and ethical points of view. On the one hand, the analysis will underline the limits of a common European code of medical ethics as an instrument for harmonising national professional rules in the European context; on the other hand, we will highlight some of the potentials of this project, which could be increased and strengthened through a proper rulemaking process and through adequate and careful choice of content. We will also stress specific elements and devices that should be taken into consideration during the establishment of the code, from both procedural and content perspectives. Regarding methodological issues, the limits and potentialities of a common European code of medical ethics will be analysed from an ethical point of view and then from a legal perspective. The aim of this paper is to clarify the framework for the potential but controversial role of the code in the European context, showing the difficulties in enforcing and harmonising national ethical rules into a European code of medical ethics. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

International Nuclear Information System (INIS)

Wetherall, Anthony; Robin, Isabelle

2014-01-01

The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

Euthanasia and assisted suicide: comparison of legal aspects in Switzerland and other countries.

Science.gov (United States)

Burkhardt, S; La Harpe, R; Harding, T W; Sobel, J

2006-10-01

The purpose of this paper is to present the legal aspects associated with assisted suicide in Switzerland and compare them with those in other countries. Like euthanasia, assisted suicide is a subject that induces much discussion in many countries. While the law is very liberal in some countries, such as Belgium and the Netherlands (where both euthanasia and assisted suicide take place), these practices are very controversial in other countries, such as France, where they remain taboo subjects. In the United States of America, the laws concerning assisted suicide can differ greatly from one state to another. For example, in Oregon, assisted suicide is allowed if applied by a medical doctor; in others, this act is illegal. In Canada, it is punishable according to the Criminal Code. In Switzerland euthanasia is punishable by law. However, the penal code does not condemn assisted suicide, whether carried out by a medical doctor or another person, provided it is not carried out through selfish motives. The application of these practices has become simplified in recent years and societies for the right to die with dignity based on this principle have come into being (Exit and Dignitas). In the French- and German-speaking parts of Switzerland the association Exit assists individuals living in Switzerland with serious progressive and incurable disease in their engagement to end their life. The association Dignitas, in the German-speaking part of Switzerland, also undertakes--in the same circumstances--to assist individuals coming from foreign countries. Dignitas welcomes several such individuals every year, especially from Germany, where a similar approach does not currently exist.

Ethical, legal and practical issues of establishing an adipose stem cell bank for research.

Science.gov (United States)

West, C C; Murray, I R; González, Z N; Hindle, P; Hay, D C; Stewart, K J; Péault, B

2014-06-01

Access to human tissue is critical to medical research, however the laws and regulations surrounding gaining ethical and legal access to tissue are often poorly understood. Recently, there has been a huge increase in the interest surrounding the therapeutic application of adipose tissue, and adipose-derived stem cells. To facilitate our own research interests and possibly assist our local colleagues and collaborators, we established a Research Tissue Bank (RTB) to collect, store and distribute human adipose tissue derived cells with all the appropriate ethical approval for subsequent downstream research. Here we examine the legal, ethical and practical issues relating to the banking of adipose tissue for research in the UK, and discuss relevant international guidelines and policies. We also share our experiences of establishing an RTB including the necessary infrastructure and the submission of an application to a Research Ethics Committee (REC). Copyright © 2014 British Association of Plastic, Reconstructive and Aesthetic Surgeons. Published by Elsevier Ltd. All rights reserved.

Social and cultural issues in organ transplantation in Islamic countries.

Science.gov (United States)

Shaheen, Faissal A M; Al-Jondeby, Mohammad; Kurpad, Ramprasad; Al-Khader, Abdullah A

2004-01-01

The importance of religion In Islamic countries is undoubted. Fatwas (opinion from religious scholars) have been passed in most Islamic countries approving the concepts of brain death and organ transplantation. There are some specific points that have be considered while talking of organ transplantation in Islamic countries. They include public attitude, taking organ(s) from donors who have committed suicide, the influence of local Imams as well as feeding breast milk, concept of spousal donation, timing of death as well as soul departure and extended families that exist in these countries. Sound knowledge of these factors is mandatory to any transplant coordinator and lack of sensitivity to these issues could be disastrous.

Ethical issues in international biomedical research: an overview.

Science.gov (United States)

Page, Alice K

2004-01-01

Human subjects research has been the focus of numerous controversies over the years. The dilemma lies between the potential harm to individuals who participate in research and the knowledge to be gained from the research study that might benefit society. When research is conducted in developing countries by researchers and sponsors from the United States and other industrialized countries, differences in history, culture, politics, wealth, and power between the countries give rise to unique challenges. In this Article, the author identifies several ethical issues to be considered when research is conducted in developing countries and provides the legal and ethical framework for their resolution.

Legal clinic gender sensitive method for law students

Directory of Open Access Journals (Sweden)

Petrušić Nevena

2008-01-01

Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

Harassment, Bullying, and Discrimination of Lesbian, Gay, Bisexual, and Transgender Students: Legal Issues for North Carolina Schools

Science.gov (United States)

Hall, Will

2007-01-01

The purpose of the report is to inform students, parents, school personnel, and officials of the legal issues related to harassment, bullying, and discrimination of lesbian, gay, bisexual, and transgender (LGBT) students. This report describes existing research on the current school climate for LGBT youth as well as the harmful effects of…

Organ transplantation: legal, ethical and islamic perspective in Nigeria.

Science.gov (United States)

Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

2012-07-01

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

Science.gov (United States)

Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

2012-01-01

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

Large-scale Water-related Innovative Renewable Energy Projects and the Habitats and Birds Directives: Legal Issues and Solutions

NARCIS (Netherlands)

van Hees, S.R.W.

This article discusses two legal issues that relate to the conflict between the interest of protecting habitats and species under the Habitats and Birds Directives, versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy

Legal and ethical issues in safe blood transfusion

Directory of Open Access Journals (Sweden)

Shivaram Chandrashekar

2014-01-01

Full Text Available Legal issues play a vital role in providing a framework for the Indian blood transfusion service (BTS, while ethical issues pave the way for quality. Despite licensing of all blood banks, failure to revamp the Drugs and Cosmetic Act (D and C Act is impeding quality. Newer techniques like chemiluminescence or nucleic acid testing (NAT find no mention in the D and C Act. Specialised products like pooled platelet concentrates or modified whole blood, therapeutic procedures like erythropheresis, plasma exchange, stem cell collection and processing technologies like leukoreduction and irradiation are not a part of the D and C Act. A highly fragmented BTS comprising of over 2500 blood banks, coupled with a slow and tedious process of dual licensing (state and centre is a hindrance to smooth functioning of blood banks. Small size of blood banks compromises blood safety. New blood banks are opened in India by hospitals to meet requirements of insurance providers or by medical colleges as this a Medical Council of India (MCI requirement. Hospital based blood banks opt for replacement donation as they are barred by law from holding camps. Demand for fresh blood, lack of components, and lack of guidelines for safe transfusion leads to continued abuse of blood. Differential pricing of blood components is difficult to explain scientifically or ethically. Accreditation of blood banks along with establishment of regional testing centres could pave the way to blood safety. National Aids Control Organisation (NACO and National Blood Transfusion Council (NBTC deserve a more proactive role in the licensing process. The Food and Drug Administration (FDA needs to clarify that procedures or tests meant for enhancement of blood safety are not illegal.

MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

Science.gov (United States)

Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

2018-03-01

The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

Legal issues associated with preparing for a nuclear energy programme

International Nuclear Information System (INIS)

Pelzer, N.

2009-01-01

Developing and implementing a national programme for the civilian use of nuclear energy means embarking on the use of a Janus-faced form of energy. We all know that nuclear energy implies both extraordinary benefits and extraordinary risks. This fact requires a legal framework appropriate to cope with both elements of nuclear power. Legislators and State authorities have to establish a sound balance between risks and benefits. That is not at all an easy task. While excluding or limiting risks requires severe legal control mechanisms, the benefits can only fully be enjoyed if the legal framework ensures freedom of research and of economic and industrial development including the guarantee of property ownership and of investments. Combining both opposite poles seems like trying to square the circle. In case of a conflict between promotion and protection, there is no doubt that the protection against nuclear risks has to prevail. Therefore this aspect of nuclear law will be mainly dealt with in this presentation. Establishing a legal framework to tame the hazards of nuclear energy is a much more challenging task for law-makers than providing a legal basis for promoting the use of nuclear energy. With regard to the promotion of nuclear energy, States enjoy a broad range of discretion and may use a great number of legal and non-legal instruments to support the development of a nuclear programme. From a legal point of view, promoting nuclear energy does not require a specific regime. However, it does require a specific regime to control the risks of nuclear energy. States preparing for a nuclear energy programme have to be aware that the use of nuclear energy is not an exclusively national matter. In particular the risk associated with nuclear energy extends beyond national borders. Using the benefits also needs international cooperation in many fields including, e.g., research or fuel supply. Today a network of multilateral and bilateral international treaties exists

Procurement activities required by the nuclear program developed by nuclearelectrica national company- technical issues versus public acquisitions legal issues

International Nuclear Information System (INIS)

Vatamanu, Mariana

2007-01-01

Public procurement is one of the areas of the single market where the results of the liberalization drive have not yet measured up to expectations. This communication presents some technical issues versus public acquisition legal issues and suggests ways and means of improving contract award procedures. Procurement area includes the acquisition of goods, services and works, thus assumption not only for purchasing equipment, components, spare-parts or materials, but also hiring of the contractors or consultants to carry out services and works. Procurement is related to the function of management of supply, which encompasses aside range of planning function, coding and classification, stockholding policies, store-keeping, stores accounting, etc. but it is also related to the hiring of contractors or consultants for work or services. As an answer to the challenge of the increasing market globalization it has been developed the ISO quality system, within 9000 family of standards. The very intensive competition for all market clients, either locally or globally, encouraged development of a new concept of quality management systems. Due to its specificity of activity and with respect to the rules and legislation requirements imposed either by the internal Romanian Laws and Regulations or/and by international market rules and constrains, the development, construction and operation of a Nuclear Power Plant shall be performed in a controlled condition and based on specific authorizations obtained by the Owner of the NPP from the Romanian Regulatory Authorities. The experience, accumulated by over 10 years of operation of Cernavoda NPP Unit 1 by our company, demonstrates the high importance of the Quality Management System that imposes the quality of the components installed on the plant, the services and the works developed to assure a safety operation of the nuclear unit, with a strongly dependence by the procurement system established for purchasing of goods, services and

Health Law as a Legal Discipline

DEFF Research Database (Denmark)

Madsen, Helle Bødker

2011-01-01

The issue of how to dispose of aborted foetuses is a sensitive ethical and legal issue which relates directly to the legal status of the foetus. An illustrative example of this issue’s practical legal relevance is the Danish Council of Ethics’ recommendation of March 3, 2011, in reply...... to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...... general reflections on the legal status of cadaveric foetuses....

OECD and NEA countries' national frameworks for nuclear activities

International Nuclear Information System (INIS)

Kuzeyli, Kaan

2016-01-01

To assist its member countries in maintaining and further developing, through international co-operation, the scientific, technological and legal bases required for a safe, environmentally friendly and economical use of nuclear energy for peaceful purposes, the NEA serves as a forum for sharing and analysing information and experience among its member countries in order to pool and maintain their technical expertise and human infrastructure and to support nuclear activities by providing them with nuclear policy analyses. Comprehensive and effective legal regimes are necessary to help achieve confidence in the peaceful use of nuclear energy. These regimes, whose goals are to protect the public and the natural environment from the risks inherent in such activities, include regulation at a national level, co-operation at bilateral and multilateral levels and international harmonisation of national policies and legislation through adherence to international conventions. Regimes need to be strong enough to set and enforce limits, and flexible enough to keep pace with technological advances and changing public concerns. The NEA collects, analyses and disseminates information on nuclear law in general and on topical nuclear legal issues in particular. Nuclear law is the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionising radiation and exposure to natural sources of radiation. In 1995, the NEA began publishing country profiles entitled Nuclear Legislation in OECD and NEA Countries - Regulatory and Institutional Frameworks for Nuclear Activities or the 'Grand Orange', a name which was adopted and became widely used because of the colour of the initial cover. Since 2006, these country profiles can be downloaded free online both in English and French from the NEA web site. The NEA endeavours to complement country profiles by publishing online an English, non

Legal Coordinator | IDRC - International Development Research ...

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

Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

Introduction of low-osmolar contrast agents in radiology: medical, economic, legal, and public policy issues

International Nuclear Information System (INIS)

Jacobson, P.D.; Rosenquist, C.J.

1988-01-01

This case study of the public policy implications of introducing a new technology in radiology, namely, low-osmolar contrast media (LOCM), raises the issues of whether and how to place appropriate limits on new technologies. Although these contrast media represent small episodic costs, they may add up to an aggregate expenditure of nearly $1 billion per year if used for all contrast injections. As a result, this technology raises a number of important medical, economic, legal, and public policy questions. The cost-effectiveness analysis and an analysis of the medical evidence suggest that LOCM should be limited to high-risk patients. The authors discuss in this article how the legal system might respond to such limitations, and they consider various public policy options for adopting restrictions on use. They conclude that the medical profession should take the lead in developing protocols for appropriate assessment, reimbursement, and use of LOCM

Gender Issues in the Management of Infertility in Developing Countries

African Journals Online (AJOL)

Gender Issues in the Management of Infertility in Developing Countries. Editorial. Infertility ... heritage has become morbidly adherent in the mind of even the highly ... the respondents preferred male to female children, and this was attributed to ...

Legal issues of computer imaging in plastic surgery: a primer.

Science.gov (United States)

Chávez, A E; Dagum, P; Koch, R J; Newman, J P

1997-11-01

Although plastic surgeons are increasingly incorporating computer imaging techniques into their practices, many fear the possibility of legally binding themselves to achieve surgical results identical to those reflected in computer images. Computer imaging allows surgeons to manipulate digital photographs of patients to project possible surgical outcomes. Some of the many benefits imaging techniques pose include improving doctor-patient communication, facilitating the education and training of residents, and reducing administrative and storage costs. Despite the many advantages computer imaging systems offer, however, surgeons understandably worry that imaging systems expose them to immense legal liability. The possible exploitation of computer imaging by novice surgeons as a marketing tool, coupled with the lack of consensus regarding the treatment of computer images, adds to the concern of surgeons. A careful analysis of the law, however, reveals that surgeons who use computer imaging carefully and conservatively, and adopt a few simple precautions, substantially reduce their vulnerability to legal claims. In particular, surgeons face possible claims of implied contract, failure to instruct, and malpractice from their use or failure to use computer imaging. Nevertheless, legal and practical obstacles frustrate each of those causes of actions. Moreover, surgeons who incorporate a few simple safeguards into their practice may further reduce their legal susceptibility.

Evolving legal framework of corporate governance in India – issues and challenges

Directory of Open Access Journals (Sweden)

Pankaj Kumar GUPTA

2014-12-01

Full Text Available Investors now started considering corporate governance as very essential factor before investment especially in view of the unstable environment in the securities market. It is considered that good corporate governance inspires, strengthens and maintains investor’s confidence by ensuring company’s commitment to higher growth and profits. Corporate Governance has become a major concern for global economies particularly the transition world. Sound corporate governance is extremely important for transition economies for creation of the key institutions, the private corporations, which drive the successful economic transformation to a market based economy, effective allocation of capital and development of financial markets, attracting foreign investment and making a contribution to the process of national development. The Corporate Governance issue has emerged primarily because of the growing importance of corporations in the national economies and their interaction with the international agencies and institutions. This paper presents the current scenario of corporate governance in India, the evolving legal framework and identified the major issues and challenges that need to be addressed to implement an effective system of corporate governance in India.

Petroleum product pricing in Asian developing countries: Lessons from the past and future issues

International Nuclear Information System (INIS)

Bhattacharyya, S.C.

1997-01-01

This paper looks at the pricing of petroleum products in ten Asian developing countries using a data series for 1973--1992. Prices of petroleum products are compared with international prices. Differential prices are measured with respect to diesel prices. It is found that energy prices are used as instruments for revenue earnings. Pricing policies vary widely among countries and neighbors have different fuel prices. Countries try to align the local prices of petroleum products in line with international prices but with a lag of 1--2 years. The wave of liberalization and privatization is sweeping many developing countries. Additionally, environmental issues are gaining importance even in developing countries. The paper also discusses these emerging issues that need to be taken into account in the petroleum product pricing

Law and Islamic finance: How legal origins affect Islamic finance development?

Directory of Open Access Journals (Sweden)

Rihab Grassa

2014-09-01

Full Text Available Many researchers have shown that differences in legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 30 countries observed for the period from 2005 to 2010, this study tried to assess if different legal origins impacted on the development of Islamic finance. More particularly, this paper tried to assess empirically why and how Shari'a Law's legal origins adopted wholly or partially (combined with Common or Civil Law could explain the level of development of Islamic finance in different jurisdictions. Firstly, we found that countries adopting a Shari'a legal system had a very well developed Islamic financial system. Secondly, we found that countries, adopting a mixed legal system based on Common Law and Shari'a Law, were characterized by the flexibility of their legal systems to make changes to their laws in response to the changing socioeconomic conditions and that these helped the development of the Islamic financial industry. However, we found that countries, adopting a mixed legal system based on both Civil Law and Shari'a Law, were less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Thirdly, we found that the concentration of Muslim population (the percentage of Muslim population had a positive effect on the development of the Islamic banking system. Also, the level of income had a positive and significant effect on the development of Islamic banking.

Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

Science.gov (United States)

Marishet, Mohammed Hamza

The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

Legal Analysis of EPC Contract of the Nuclear Reactor in the aspect of Nuclear Law

International Nuclear Information System (INIS)

Lee, D. S.; Chung, W. S.; Yun, S. W.; Yang, M. H.

2010-01-01

Recently, Korea Nuclear Industry and R and D Institute obtained order of Nuclear Reactor construction from the UAE and the Jordan. Though the UAE's nuclear power plant and the Jordan's Research Reactor were different each other legal issues raised in EPC contract between employer and contractor had very close characters and similar suggestions. New nuclear country have not established all necessary entities regarding regulation and control and enacted laws yet. However, nuclear technology shall be transferred to the country that is ready to or have equipped all mandatory safeguard and safety. From the reality, nuclear specific issues such as the Nuclear Indemnity, Ownership of Intellectual property, Training program for operating technicians, and nuclear licensing are emerging in the EPC contract and finding consensus to the issues between both parties were time consuming work. Our studies will analysis the issues and try to find impartial guideline

Ethical and legal issues involved in the pro-active collection of personal information with the aim of reducing online disclosure

CSIR Research Space (South Africa)

Botha, J

2016-09-01

Full Text Available aims to highlight some of the major ethical and legal issues when pro-actively collecting personal information, through a South African case study, to assist in reducing the amounts of personal information being disclosed online....

Groundwater Challenges of the Lower Rio Grande: A Case Study of Legal Issues in Texas and New Mexico

Directory of Open Access Journals (Sweden)

Elizabeth Wheat

2015-03-01

Full Text Available In 1938, Texas, New Mexico, and Colorado signed the Rio Grande Compact, establishing terms of apportionment for some of the water from the Rio Grande for the three states. Following congressional approval in 1939, this compact governs water allocation in a region with a variable climate and frequent drought conditions and established the Rio Grande Compact Commission, comprised of a commissioner from each state and one from the federal government, to enforce the compact. With an increasing population and declining surface water supply, the Compact has been tested among the parties and within the states themselves. In a case currently before the U.S. Supreme Court, Texas v. New Mexico and Colorado (2013, Texas claims New Mexico is violating the Compact and Rio Grande Project Act by using water in excess of its apportionment through its allowance of diversions of surface and groundwater. The issue is further compounded by disputes within Texas over separate legal regimes for groundwater and surface water. Combined with growing scarcity issues, the allocation of water in the Lower Rio Grande presents a timely natural resource challenge. This review explores legal issues involved in the case as well as growing challenges of population growth, agricultural development needs, and water shortages.

On the Legal Issues of Teaching Evolution in Public Schools

Science.gov (United States)

Hermann, Ronald S.

2013-01-01

In order to effectively teach evolution to all students, even those resistant to learning evolution, science teachers may question the extent to which religion can legally be discussed in the public high school science classroom. Evolution is taught from a variety of approaches, each of which has legal implications. Four approaches to teaching…

Ethical, legal and social issues in the context of the planning stages of the Southern African Human Genome Programme.

Science.gov (United States)

de Vries, Jantina; Slabbert, Melodie; Pepper, Michael S

2012-03-01

As the focus on the origin of modern man appears to be moving from eastern to southern Africa, it is recognised that indigenous populations in southern Africa may be the most genetically diverse on the planet and hence a valuable resource for human genetic diversity studies. In order to build regional capacity for the generation, analysis and application of genomic data, the Southern African Human Genome Programme was recently launched with the aid of seed funding from the national Department of Science and Technology in South Africa. The purpose of the article is to investigate pertinent ethical, legal and social issues that have emerged during the planning stages of the Southern African Human Genome Programme. A careful consideration of key issues such as public perception of genomic research, issues relating to genetic and genomic discrimination and stigmatisation, informed consent, privacy and data protection, and the concept of genomic sovereignty, is of paramount importance in the early stages of the Programme. This article will also consider the present legal framework governing genomic research in South Africa and will conclude with proposals regarding such a framework for the future.

Legal highs - legal aspects and legislative solutions.

Science.gov (United States)

Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

2011-01-01

In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

OpenAIRE

Werner Krawietz

2014-01-01

In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

A role for doctors in assisted dying? An analysis of legal regulations and medical professional positions in six European countries.

Science.gov (United States)

Bosshard, G; Broeckaert, B; Clark, D; Materstvedt, L J; Gordijn, B; Müller-Busch, H C

2008-01-01

To analyse legislation and medical professional positions concerning the doctor's role in assisted dying in western Europe, and to discuss their implications for doctors. This paper is based on country-specific reports by experts from European countries where assisted dying is legalised (Belgium, The Netherlands), or openly practiced (Switzerland), or where it is illegal (Germany, Norway, UK). Laws on assisted dying in The Netherlands and Belgium are restricted to doctors. In principle, assisted suicide (but not euthanasia) is not illegal in either Germany or Switzerland, but a doctor's participation in Germany would violate the code of professional medical conduct and might contravene of a doctor's legal duty to save life. The Assisted Dying for the Terminally Ill Bill proposed in the UK in 2005 focused on doctors, whereas the Proposal on Assisted Dying of the Norwegian Penal Code Commission minority in 2002 did not. Professional medical organisations in all these countries except The Netherlands maintain the position that medical assistance in dying conflicts with the basic role of doctors. However, in Belgium and Switzerland, and for a time in the UK, these organisations dropped their opposition to new legislation. Today, they regard the issue as primarily a matter for society and politics. This "neutral" stance differs from the official position of the Royal Dutch Medical Association which has played a key role in developing the Dutch practice of euthanasia as a "medical end-of-life decision" since the 1970s. A society moving towards an open approach to assisted dying should carefully identify tasks to assign exclusively to medical doctors, and distinguish those possibly better performed by other professions.

[Abortion: towards worldwide legalization].

Science.gov (United States)

1998-09-01

A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. BUTCULESCU

2014-05-01

Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

Linked health data for pharmacovigilance in children: perceived legal and ethical issues for stakeholders and data guardians.

Science.gov (United States)

Hopf, Yvonne Marina; Bond, Christine B; Francis, Jill J; Haughney, John; Helms, Peter J

2014-02-12

The inclusion of the Community Health Index in the recording of National Health Service (NHS) contacts in Scotland facilitates national linkage of data such as prescribing and healthcare utilisation. This linkage could be the basis for identification of adverse drug reactions. The aim of this article is to report the views of healthcare professionals on data sharing, ownership and the legal and other applicable frameworks relevant to linkage of routinely collected paediatric healthcare data. Qualitative study using semistructured face-to-face interviews addressing the study aims. Purposive sample of professional stakeholders (n=25) including experts on ethics, data protection, pharmacovigilance, data linkage, legal issues and prescribing. Interviews were audio-recorded, transcribed and thematically analysed using a framework approach. Participants identified existing data sharing systems in the UK. Access to healthcare data should be approved by the data owners. The definition of data ownership and associated legal responsibilities for linked healthcare data were seen as important factors to ensure accountability for the use of linked data. Yet data owners were seen as facilitators of the proposed data linkage. Twelve frameworks (legal, regulatory and governance) applicable to the linkage of healthcare data were identified. A large number of potentially relevant legal and regulatory frameworks were identified. Ownership of the linked data was seen as an extension of responsibility for, or guardianship of, the source datasets. The consensus emerging from the present study was that clarity is required on the definition of data sharing, data ownership and responsibilities of data owners.

BRICS COUNTRIES’ POLITICAL AND LEGAL PARTICIPATION IN THE GLOBAL CLIMATE CHANGE AGENDA

Directory of Open Access Journals (Sweden)

E. Gladun

2016-01-01

Full Text Available The article presents an overview and analysis of international legal regulations on climate change. The authors examine how the international regime related to climate change has evolved in multilateral agreements. A special focus is put on the principle of common but differentiated responsibilities which became the basis of discord among states in discussing targets and responsibilities in climate change mitigation. The authors note that in 2015 the international climate change regime entered a new stage where the most important role is determined for developing countries, both in the legal and in the financial infrastructure, and in the formation of an international climate change policy.The importance of the participation of Brazil, Russia, India, China, and South Africa (BRICS in an international climate change regime has been recognized for some time. The article describes the policy and regulations on climate-related issues in BRICS. The authors compare the key actions and measures BRICS have taken for complying with international climate change documents. They highlight that global climate change action cannot be successful without BRICS countries’ involvement. BRICS must therefore make adequate efforts in emissions reduction measures and significant commitments in respect of the international climate change regime. The authors propose three major steps for BRICS to take the lead in dealing with climate change. First, BRICS need to foster further discussion and cooperation on climate issues and work out an obligatory legal framework to fight climate change collectively as well as unified legislation at their domestic levels. Second, Russia and other BRICS countries have the potential to cooperate in the field of renewable energy through the exchange of technology, investment in the sector, and the participation of their energy companies in each other’s domestic market. Assuming Russia will support the development and enhancement of

The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues

Science.gov (United States)

Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

2016-01-01

This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers’ perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers’ legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients’ control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale. PMID:27755563

The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

Science.gov (United States)

Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

2016-01-01

This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

Directory of Open Access Journals (Sweden)

Kathleen Charlebois

Full Text Available This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1 Getting comfortable with cloud computing; 2 Weighing the advantages and the risks of cloud computing; 3 Reconciling cloud computing with data privacy; 4 Maintaining trust and 5 Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

Does Legalized Prostitution Increase Human Trafficking?

OpenAIRE

Seo-Young Cho; Axel Dreher; Eric Neumayer

2011-01-01

This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...

Legal risk management in shipping

DEFF Research Database (Denmark)

Siig, Kristina

The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

Organ transplantation: Legal, ethical and Islamic perspective in Nigeria

Directory of Open Access Journals (Sweden)

Abubakar A Bakari

2012-01-01

Full Text Available Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ

AVIATION LEGAL ISSUES IN INDONESIA AND THAILAND: TOWARDS BETTER PASSENGERS’ RIGHTS IN ASEAN

Directory of Open Access Journals (Sweden)

Ridha Aditya Nugraha

2017-04-01

Full Text Available The aviation business in the ASEAN region has shown significant growth during the last decade. With the enactment of ASEAN Open Skies, there is no doubt that intra-ASEAN flights will continue to increase rapidly with Indonesia and Thailand experiencing significant effects from such development. Considering current rapid market capitalization, there is an urgency to establish equilibrium between commercial and passengers’ rights. Flight delays, cancellations, and denied boarding, either on domestic or international flights, are the main airline passengers’ rights issues that are always relevant and must be kept up-to-date with recent developments. In the context of the so-called integrated ASEAN skies, the urgency to establish a uniform legal framework on passengers’ rights has become essential. Learning from the current international legal framework, namely the Warsaw Convention, the Montreal Convention, and EU Regulation No. 261/2004, they could present the source of best solution. Considering that the latter was established by another regional initiative, it could be a particularly valuable guide for ASEAN, even though the current integration level of the EU and ASEAN are quite different. Also of importance, the bomb threat hoax phenomenon within Indonesia and Thailand shall also be discussed. Passengers’ rights must also be protected against the implications of such irresponsible acts.

Outsourcing medical data analyses: can technology overcome legal, privacy, and confidentiality issues?

Science.gov (United States)

Brumen, Bostjan; Heričko, Marjan; Sevčnikar, Andrej; Završnik, Jernej; Hölbl, Marko

2013-12-16

Medical data are gold mines for deriving the knowledge that could change the course of a single patient's life or even the health of the entire population. A data analyst needs to have full access to relevant data, but full access may be denied by privacy and confidentiality of medical data legal regulations, especially when the data analyst is not affiliated with the data owner. Our first objective was to analyze the privacy and confidentiality issues and the associated regulations pertaining to medical data, and to identify technologies to properly address these issues. Our second objective was to develop a procedure to protect medical data in such a way that the outsourced analyst would be capable of doing analyses on protected data and the results would be comparable, if not the same, as if they had been done on the original data. Specifically, our hypothesis was there would not be a difference between the outsourced decision trees built on encrypted data and the ones built on original data. Using formal definitions, we developed an algorithm to protect medical data for outsourced analyses. The algorithm was applied to publicly available datasets (N=30) from the medical and life sciences fields. The analyses were performed on the original and the protected datasets and the results of the analyses were compared. Bootstrapped paired t tests for 2 dependent samples were used to test whether the mean differences in size, number of leaves, and the accuracy of the original and the encrypted decision trees were significantly different. The decision trees built on encrypted data were virtually the same as those built on original data. Out of 30 datasets, 100% of the trees had identical accuracy. The size of a tree and the number of leaves was different only once (1/30, 3%, P=.19). The proposed algorithm encrypts a file with plain text medical data into an encrypted file with the data protected in such a way that external data analyses are still possible. The results

Traumatic spinal cord injuries – epidemiologic and medico-legal issues

Directory of Open Access Journals (Sweden)

Hanganu Bianca

2017-12-01

Full Text Available Spinal cord injuries represent a special category of injuries in traumatic pathology, with high morbidity and mortality, which justify their analysis with the aim to identify useful aspects in order to prevent and treat them. We therefore performed a retrospective study on 426 cases in order to analyze epidemiology and medico-legal issues related to spinal cord injuries. The studied items regarded socio-demographic aspects (gender, age, home region, type of lesions (vertebral, spinal cord, association with other trauma, circumstances leading to trauma (cause of the injury, season, data regarding hospitalization (medical condition at the hospital admission, number of days of hospitalization, clinical diagnosis, imaging exploration level and data resulting from autopsy (diagnosis, toxicological examination. Most of our results are consistent with literature data, except for some epidemiological items, which might be explained with cultural differences, life style and inhomogeneous population. Based on our results, the general conclusion is the need for prevention campaigns, focusing on road traffic accidents and falls (especially in elderly as the main causes of spinal cord injuries.

Legal knowledge, needs, and assistance seeking among HIV positive and negative women in Umlazi, South Africa.

Science.gov (United States)

Hill, Lauren M; Maman, Suzanne; Holness, David; Moodley, Dhayendre

2016-01-22

The rights of women and people living with HIV (PLHIV) are protected under South African law, yet there is a gap in the application of these laws. While there are numerous systemic and social barriers to women's and PLHIV's exercise of their legal rights and rights to access social services, there has been little effort to document these barriers as well as legal needs and knowledge in this context. 1480 HIV-positive and HIV-negative women recruited from an antenatal clinic in Umlazi Township completed a questionnaire on legal knowledge, experience of legal issues, assistance seeking for legal issues, and barriers to seeking assistance. We compared the legal knowledge and experience of legal issues of HIV-positive and HIV-negative women, and described assistance seeking and barriers to assistance seeking among all women. Both HIV-positive and HIV-negative women had high levels of knowledge of their legal rights. There were few important differences in legal knowledge and experience of legal issues by HIV status. The most common legal issues women experienced were difficulty obtaining employment (11 %) and identification documents (7 %). A minority of women who had ever experienced a legal issue had sought assistance for this issue (38 %), and half (50 %) of assistance sought was from informal sources such as family and friends. Women cited lack of time and government bureaucracy as the major barriers to seeking assistance. These results indicate few differences in legal knowledge and needs between HIV-positive and HIV-negative women in this context, but rather legal needs common among women of reproductive age. Legal knowledge may be a less important barrier to seeking assistance for legal issues than time, convenience, and cost. Expanding the power of customary courts to address routine legal issues, encouragement of pro bono legal assistance, and introduction of legal navigators could help to address these barriers.

On Plagiarism and Power Relations in Legal Academia and Legal Education

Directory of Open Access Journals (Sweden)

Tilen Štajnpihler

2017-12-01

Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

[THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

Science.gov (United States)

Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

2018-04-01

Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

Legal Research in a Changing Information Environment

African Journals Online (AJOL)

tduplessis

opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

Paying taxes in Euro area countries: issues behind tax morale

Directory of Open Access Journals (Sweden)

Virgilijus Rutkauskas

2016-10-01

Full Text Available This article investigates theoretical and practical aspects of tax morale in euro area countries. The attitude of households on tax payment – whether to pay taxes or not – is assessed quantitatively by employing dichotomous logit-probit regression analysis. Research is based on household level data received from World Values Survey and European Values Study. The results suggest that the main issues behind weak tax morale are corruption, disrespect to the country. Additionally tax morale is significantly affected by factors like age, gender, religiousness, gender, income and education. Article concludes on possible policy options in order to increase tax morale.

Illicit drugs, testing, prevention and work in France: ethical and legal issues.

Science.gov (United States)

Fantoni-Quinton, Sophie; Bossu, Bernard; Morgenroth, Thomas; Frimat, Paul

2010-09-01

The use of illicit drugs in the workplace raises issues pertaining to prevention and safety and the responsibility of the various members of staff. It also brings into question the interface between work and private life. If employees are in theory responsible for their own safety and risk heavy penalties in the event of the consumption of illicit drugs in the workplace, such behaviour has to be proved. In reality, the worker can only be partially and marginally held liable, given the fact that the employer is prohibited from infringing on their rights and liberties (restrictions on the searching of their personal belongings and lockers as well as on the carrying out of breath testing and saliva testing under restrictive conditions). Employers have for their part a broader range of responsibilities and, above all, an absolute obligation to achieve specific goals in terms of health and safety resulting in the need to take action. In accordance with the International Labour Organization recommendations, European and national legislation, the employer has to implement a suitable preventive policy. However, where is the balance between prevention and repression? Very few studies have raised these issues and our aim is to precisely situate the place of drug testing in the employer's repressive arsenal in France and to try to answer the legal and ethical issues raised. Thus, for example, repression can only be acceptable when it deals with moderate and non-addicted users, or it could be tantamount to discrimination.

Proposed Special Issue: Progress of cancer research in developing countries

Directory of Open Access Journals (Sweden)

T.S. Jong

2016-10-01

% growth in the same period, with two consecutive years of decline between 2012 and 2014. This steady upward trend of publication output from developing countries shows that researchers are becoming increasingly aware of the values of evidence-based research, without which would limit funding opportunities and restrict international collaborations, as well as partnerships.Advances in Modern Oncology Research is an Open Access journal aimed at increasing the accessibility of peer-reviewed information among researchers worldwide. The journal emphasizes on equal opportunity in scientific publishing, and is committed towards bridging the existing knowledge gap in cancer research between developed and developing countries. AMOR is keen to highlight the current challenges and opportunities of cancer research in developing countries, and the creation of a special issue dedicated to this subject is especially relevant and urgent to the broad community of cancer researchers because:(i It provides a much-needed platform to clinicians and researchers from developing countries to share important region-specific data, statistics, observations, and findings with the international community. This will not only improve the visibility of researchers from developing countries, but also enrich existing medical literature with updated information on the progress of cancer research in the developing world.(ii It gives clinicians, researchers, and policy makers from developed nations the opportunity to assess the existing and projected capability of developing countries in coping with the disease burden of cancer. Moreover, it is expected to equip stakeholders with key data and information to better manage vital resources, i.e. the allocation of funding and creation of knowledge transfer programs, moving forward.It takes collective efforts to address the escalating threat of cancer mortality and morbidity in the developing world. In order to introduce effective long-term solutions, it is

Issues of health economics in the practice of radiotherapy in developing countries

International Nuclear Information System (INIS)

Levin, C.V.

2002-01-01

There has been a rapid expansion of radiation oncology services in developing countries over the past decade. The question arises of how far, how fast and which technology should be introduced and expanded and yet remain sustainable. The problem can be reduced to a simple issue of an increasing number of cancer cases (refer S. Whelan), hence increasing demand for radiotherapy in less-developed countries while the current resources for treatment are at present concentrated in well-developed countries. By 2015 there will be a shortfall of 10,000 teletherapy machines for providing radiotherapy. Micro- and macro-economic aspects that affect development of radiotherapy in developing countries are discussed

Novel shifts in memory research and their impact on the legal process: introduction to the special issue on memory formation and suggestibility in the legal process.

Science.gov (United States)

Otgaar, Henry; Sauerland, Melanie; Petrila, John P

2013-01-01

The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.

Is 'legal empowerment of the poor' relevant to people with disabilities in developing countries? An empirical and normative review.

Science.gov (United States)

Borg, Johan; Bergman, Anna-Karin; Östergren, Per-Olof

2013-11-15

Legal empowerment of the poor is highly relevant to public health as it aims to relieve income poverty, a main determinant of health. The Commission on Legal Empowerment of the Poor (CLEP) has proposed legal empowerment measures in the following four domains: access to justice and the rule of law, property, labor, and business rights. Despite being overrepresented among the poor, CLEP has not explicitly considered the situation of people with disabilities. To examine the empirical evidence for the relevance of the CLEP legal empowerment measures to people with disabilities in low- and lower middle-income countries, and to evaluate the extent to which the Convention on the Rights of Persons with Disabilities (CRPD) addresses those measures. Critical literature review of empirical studies and a checklist assessment of the CRPD. Fourteen included articles confirm that people with disabilities experience problems in the domains of access to justice and the rule of law, labor rights, and business rights. No texts on property rights were found. Evidence for the effectiveness of the proposed measures is insufficient. Overall, the CRPD fully or partially supports two-thirds of the proposed measures (seven out of nine measures for access to justice and the rule of law, none of the five measures for property rights, all seven measures for labor rights, and six out of nine measures for business rights). Although most of the domains of the CLEP legal empowerment measures are relevant to people with disabilities from both empirical and normative perspectives, it is uncertain whether the devised measures are of immediate relevance to them. Further research is warranted in this regard.

Key considerations for an economic and legal framework facilitating medical travel

Directory of Open Access Journals (Sweden)

Saba eHinrichs

2016-03-01

Full Text Available Medical travel has the capacity to counter increasing costs of healthcare by creating new markets and increased revenue for health services, potentially benefiting local populations, economies and health care systems. This paper is part of a broad, comprehensive project aimed at developing a Global Health Access Policy (GHAP. It presents key issues to consider in terms of ensuring economic viability, sustainability, and limiting risk to the many stakeholders involved in the rapidly expanding industry of medical travel. The noted economic and legal barriers to medical travel are based on a synthesis of themes found in an extensive review of the available literature. Economic considerations when setting up a GHAP include a dynamic approach to pricing that is fair to the local population. Legal considerations include the implementation of international quality standards and the protection of the rights of those travelling as well as those of local populations in recipient countries. By taking into account these opportunities, the GHAP will more adequately address existing gaps in the economic and legal regulation of medical travel.

Withdrawal of ventilation at the patient's request in MND: a retrospective exploration of the ethical and legal issues that have arisen for doctors in the UK.

Science.gov (United States)

Phelps, Kay; Regen, Emma; Oliver, David; McDermott, Chris; Faull, Christina

2017-06-01

Ventilatory support has benefits including prolonging survival for respiratory failure in motor neurone disease (MND). At some point some patients may wish to stop the intervention. The National Institute of Health and Care Excellence (NICE) guidance recommends research is needed on ventilation withdrawal. There is little literature focusing on the issues doctors encounter when withdrawing ventilation at the request of a patient. To identify and explore with doctors the ethical and legal issues that they had encountered in the withdrawal of ventilation at the request of a patient with MND. A retrospective thematic analysis of interviews of 24 doctors (including palliative care, respiratory, neurology and general practice) regarding their experiences with withdrawal of ventilation support from patients with MND. Respondents found withdrawal of ventilation at the request of patients with MND to pose legal, ethical and moral challenges in five themes: ethical and legal rights to withdrawal from treatment; discussions with family; discussions with colleagues; experiences of legal advice; issues contributing to ethical complexity. Though clear about the legality of withdrawal of treatment in theory, the practice led to ethical and moral uncertainty and mixed feelings. Many respondents had experienced negative reactions from other healthcare professionals when these colleagues were unclear of the distinction between palliation of symptoms, withdrawal of treatment and assisted death. Legal, ethical and practical guidance is needed for professionals who support a patient with MND who wishes to withdraw from ventilation. Open discussion of the ethical challenges is needed as well as education and support for professionals. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

SOCIO-ECONOMIC AND LEGAL ASPECTS OF ENVIRONMENTAL CRIME IN UKRAINE

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Tamara Hubanova

2017-12-01

Full Text Available The increased danger of environmental crime is primarily determined by an increase in anthropogenic pressure on the natural environment, which, in the conditions of the global environmental crisis, threatens to cause significant, often non-renewable, damage to the vital interests of man, society, and the state. Ukraine belongs to the countries with the worst ecological situation. Pollution of the environment reached unprecedented levels in recent years. The purpose of the study is to reveal the essence and causes of environmental crime in Ukraine, socioeconomic aspects of the identified phenomenon, analyse the impact of negative consequences of environmental crime on the Ukrainian economy, as well as study legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues. The subject of the study is the socio-economic and legal aspects of environmental crime in Ukraine. Methodology. In order to achieve the goal, the authors of the study carried out an analysis of the definition of the system of environmental crimes in the scientific literature, various statistical data on the state of the ecological situation and crime in Ukraine, as well as laws and regulations defining the national environmental policy of Ukraine. As a result of the study, the essence and causes of environmental crime in Ukraine are highlighted, socio-economic aspects of the phenomenon, the impact of negative consequences of environmental crime on the Ukrainian economy, and legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues are revealed. Value/originality. The raised issues repeatedly attracted the attention of many researchers; in the scientific literature, various aspects of environmental crime were given attention in the works of famous scholars in the field of criminal and environmental law, experts in the field of economics of natural resources. However, the

Issues of biomedically assisted fertilization before the European Court of Human Rights

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Bordaš Bernadet

2011-01-01

Full Text Available The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life.

Legal capacity and biomedicine: Biomedical discrimination

Directory of Open Access Journals (Sweden)

Cvetić Radenka

2011-01-01

Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

Abortion in Islamic Ethics, and How it is Perceived in Turkey: A Secular, Muslim Country.

Science.gov (United States)

Ekmekci, Perihan Elif

2017-06-01

Abortion is among the most widely discussed concepts of medical ethics. Since the well-known ethical theories have emerged from Western world, the position of Islamic ethics regarding main issues of medical ethics has been overlooked. Muslims constitute a considerable amount of world population. Turkish Republic is the only Muslim country ruled with secular democracy and one of the three Muslim countries where abortion is legalized. The first aim of this paper is to present discussions on abortion in Islamic ethics in the context of major ethical concepts; the legal status of the fetus, respect for life and the right not to be born. The second aim is to put forth Turkey's present legislation about abortion in the context of Islamic ethical and religious aspects.

Efficient and equitable spatial allocation of renewable power plants at the country scale

Science.gov (United States)

Drechsler, Martin; Egerer, Jonas; Lange, Martin; Masurowski, Frank; Meyerhoff, Jürgen; Oehlmann, Malte

2017-09-01

Globally, the production of renewable energy is undergoing rapid growth. One of the most pressing issues is the appropriate allocation of renewable power plants, as the question of where to produce renewable electricity is highly controversial. Here we explore this issue through analysis of the efficient and equitable spatial allocation of wind turbines and photovoltaic power plants in Germany. We combine multiple methods, including legal analysis, economic and energy modelling, monetary valuation and numerical optimization. We find that minimum distances between renewable power plants and human settlements should be as small as is legally possible. Even small reductions in efficiency lead to large increases in equity. By considering electricity grid expansion costs, we find a more even allocation of power plants across the country than is the case when grid expansion costs are neglected.

Senior Legal Counsel | IDRC - International Development Research ...

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

Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

Legal framework for e-research : realising the potential

CERN Document Server

2008-01-01

Legal Framework for e-Research: Realising the Potential provides an overview of key legal issues facing e-Research. Part One of this book considers the broader prospect and context of what e-Research will allow. Part Two looks more closely at the role law will play in the e-Research environment. Part Three focuses on the key issues of data exchange and data management highlighting important legal issues. Part Four reflects on the changing nature of Scholarly Communications while Part Five looks at the fundamental role of agreements for collaborative endeavour (contracts) in structuring collaboration and calls for greater consideration of way we can streamline the process. Part Six examines the role and operation of privacy law in an e-Research world while Part Seven posits a new approach to commercialisation that embraces the paradigm of open innovation. Part Eight looks at the international legal implications for e-Research and Part Nine considers the national survey we undertook on e-Research, collaborative...

The Legal Regulation of Cybersecurity

OpenAIRE

Darius Štitilis

2013-01-01

Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regul...

Obesity and labor market outcomes among legal immigrants to the United States from developing countries.

Science.gov (United States)

Cawley, John; Han, Euna; Norton, Edward C

2009-07-01

This paper studies the association between weight and labor market outcomes among legal immigrants to the United States from developing countries using the first nationally representative survey of such individuals. We find that being overweight or obese is associated with a lower probability of employment among women who have been in the U.S. less than five years, but we find no such correlation among men who have been in the U.S. less than five years, or among women or men who have been in the U.S. longer than five years. We generally find no significant association between weight and either wages, sector of employment, or work limitations for either women or men. Possible explanations for these findings are discussed.

Mining agreements in developing countries: issues of finance and taxation

Energy Technology Data Exchange (ETDEWEB)

Fritzsche, M; Stockmayer, A

1978-04-01

This article continues a Forum series on recent trends in mining contracts between host countries and foreign investors begun in the April 1977 issue. Based on intensive research carried out for the preparation of a book on Mining Ventures in Developing Countries, published recently in the Federal Republic of Germany, the authors discuss sources of finance, institutions, exchange controls and special accounts, royalties, income taxation, and equity participation. They conclude that taxation is most likely to remain the principal source of income; equity participation should be evaluated carefully as it does not automatically guarantee maximum benefits. The combination of taxes and royalties provide a steady flow of income. An increase of the total tax burden beyond a certain percentage may be counterproductive for the host country, as it encourages the investor to look for less controllable means of shifting profits or discourages investment for exploration and development. 21 notes and refs.

Choice: Ethical and Legal Rehabilitation Challenges.

Science.gov (United States)

Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.

2000-01-01

The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…

Legal and Psychological Aspects of Mediation

Directory of Open Access Journals (Sweden)

Dobrokhotova E. N.

2016-01-01

Full Text Available The article focuses on gradual innovation of mediation into the practice of social conflict resolution in the light of legal and psychological means of mediation. While mediation is perceived as a conflictological concept and is more widely used in dispute settlement and resolution, a new interdisciplinary field of theoretical knowledge with its own conceptual framework as well as a new professional and practical field are beginning to form both in Russia and in other countries. As theoretical and practical aspects of innovation in mediation require consolidation not only for its national development but also for the guaranteed international cooperation, the article touches upon some of the particular theoretical issues of the topic in question: terminological consistency, consolidation of the system of mediation principles, the phenomenon of juridisation of mediation and its limits.

Legal Issues of A Surrogacy Contract Based on Iranian Acts

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Amir Pirouz

2011-06-01

Full Text Available Assistive technologies have always opened new horizons in human's life, posed solutions to problemsand brought relief and prosperity for human beings. Iranian judicial authorities have recently recognizedthe importance of medical technologies. Accordingly, Iranian legal system has recognized surrogacy anda surrogacy contract seems unavoidable for surrogacy to be legally valid, socially acceptable andreligiously legitimate. As a legal defense of including a typical surrogacy contract in contract law, thisreview studies the four building blocks of a valid contract: the intention and consent of parties, theirlegal capacity, the subject of the contract and its legitimacy. Discussing related Iranian Acts concerningcontracts and responsibilities of parties, the authors of the present article deal with main commitmentsand responsibilities of the parties to a typical surrogacy contract: infertile couples, surrogate, fertilityclinic or medical institute, and surrogate's husband. The authors conclude that a surrogacy contract isaccepted based on article 10 of Iranian Civil Act 1928, pose some suggestions to be included in such acontract, and emphasize that a specific Act concerning surrogacy should be approved to cover rights andlegal needs of all parties to a surrogacy contract.

Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

International Nuclear Information System (INIS)

Belokrylova, Ekaterina A

2013-01-01

development and application of nanoproducts, inspite of fact, that these relationships have a significant financial segment. Thus, according to the Federal Act from December 13, 2010 'About federal budget for 2011 year and the period of 2012 and 2013 years' the expenses for realisation of program 'The infrastructure development of nano industry in Russian Federation for 2008-2011' were 250 milliard of Russian rubbles. The profound analyses of the current legal systems has demonstrated that nowadays the main legal regulation in nano sphere consist of some range of frame documents (accentuated by the author). Thereby, one of the most dynamic and developed field of innovative activities in Russian Federation – nanotechnology – is left out of environmental and legal area of protection and that is might lead to the raising level of ecological risks at the stage of creation and application nano products to the environment and humans' health. During the analyses of annual norms of the Report OECD 'Nano technologies: the Environment, health and safety' the conclusion is following – 2010 Russia has an extremely low degree of conceptual realization of the program in the sphere of forming the policy connected with nanotechnology and its impact on the environment and also a lack of implementations of norms into the national legal systems in terms of the assessment criteria of nano safety EHS (Environmental, Health and Safety) and ELSI (Ethical, Legal and Social Issues). To the great regret, there is no independent and precise legal act about the ways to creat and apply nano products with the certain definitions and principles and, more importantly, with the level of legal obligations and responsibility. This gap is not possible to fill by just altering and editing the existed legal acts due to the lack of the state Russian regulation. Thus, one of the most dynamic fields of innovative activities – nano technologies – is practically out of the regulation. It might lead to an

Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

Science.gov (United States)

Belokrylova, Ekaterina A.

2013-04-01

development and application of nanoproducts, inspite of fact, that these relationships have a significant financial segment. Thus, according to the Federal Act from December 13, 2010 "About federal budget for 2011 year and the period of 2012 and 2013 years" the expenses for realisation of program "The infrastructure development of nano industry in Russian Federation for 2008-2011" were 250 milliard of Russian rubbles. The profound analyses of the current legal systems has demonstrated that nowadays the main legal regulation in nano sphere consist of some range of frame documents (accentuated by the author). Thereby, one of the most dynamic and developed field of innovative activities in Russian Federation - nanotechnology - is left out of environmental and legal area of protection and that is might lead to the raising level of ecological risks at the stage of creation and application nano products to the environment and humans' health. During the analyses of annual norms of the Report OECD "Nano technologies: the Environment, health and safety" the conclusion is following - 2010 Russia has an extremely low degree of conceptual realization of the program in the sphere of forming the policy connected with nanotechnology and its impact on the environment and also a lack of implementations of norms into the national legal systems in terms of the assessment criteria of nano safety EHS (Environmental, Health and Safety) and ELSI (Ethical, Legal and Social Issues). To the great regret, there is no independent and precise legal act about the ways to creat and apply nano products with the certain definitions and principles and, more importantly, with the level of legal obligations and responsibility. This gap is not possible to fill by just altering and editing the existed legal acts due to the lack of the state Russian regulation. Thus, one of the most dynamic fields of innovative activities - nano technologies - is practically out of the regulation. It might lead to an increase of

Legal aspects of biobanking as key issues for personalized medicine & translational exploitation

DEFF Research Database (Denmark)

Minssen, Timo; Schovsbo, Jens Hemmingsen

2014-01-01

the legal framework for biobanking and in particular for the challenges posed by PM. We conclude that any decisions as to the design of the regulatory environment should follow a process that takes account of the values, hopes and concerns of all stakeholders involved. In particular, we stress...... how the legal and ethical challenges might be dealt with analytically and in a practical way that reflects the concerns and interest of stakeholders in biobanking and results in a transparent, legally and ethically robust system. In our closing remarks we make recommendations on how to improve...

A review of countries' pharmacist-patient communication legal requirements on prescription medications and alignment with practice: Comparison of Nordic countries.

Science.gov (United States)

Svensberg, Karin; Sporrong, Sofia Kälvemark; Björnsdottir, Ingunn

2015-01-01

Pharmacist-patient communication around prescription medications can optimize treatment outcomes. Society's expectations of pharmacist-patient communication around medications can be expressed in legislation, economic incentives, and authority control. In this study, the Nordic countries of Denmark, Finland, Iceland, Norway and Sweden provide the legislative examples and can be used as a platform to discuss how society's expectations, professional visions, and practice are aligning. The overall aim of this study was to describe society's expectations of pharmacist-patient communication around medications as expressed by the state in Nordic legislation, economic incentives and authority control. Additionally, this study describes how the states govern Nordic pharmacists in different pharmacy systems. A legal review was performed using online legislative databases. Regulating authorities were contacted to gather supplementary information. Thereafter, a qualitative document analysis was conducted. The Nordic countries regulate staff-patient communication by using broad laws. The legislation's main focus during dispensing is information on the use of medications, but also generic substitution and pricing. Pharmacies should have internal routines for this in place. Pharmacists' obligation to keep a journal on advice given during dispensing is ambiguously regulated. The economic incentives for communication on prescription medication during dispensing are included in the general pharmacy mark-up. Today's authority control focuses on the pharmacy management and appears to primarily evaluate structure indicators of communication, for example, if there is a routine method of counseling available. Various countries throughout the world differ in their requirements for pharmacy staff to communicate on the use of medicines during dispensing. The Nordic countries all require such communication, which aligns with professional visions. Regardless of the pharmacy system, the

Case Briefs in Legal English Classes

Directory of Open Access Journals (Sweden)

Bilová Stĕpánka

2016-06-01

Full Text Available A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s, court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills.

Foreign experience of increasing the level of anti-corruptive legal conscience in citizens

Directory of Open Access Journals (Sweden)

Aleksandr Vladimirovich Butkov

2015-03-01

Full Text Available Objective to describe tools and mechanisms of forming the anticorruptive legal conscience implemented in some foreign countries with a view to elaborate recommendations and implement them into the Russian legislation and lawenforcement practice. Methods dialectic materialism and comparative and analytical methods. Results the main tools and mechanisms are described of forming the anticorruptive legal conscience implemented in some countries in Asia Europe Australia and America which can be used in anticorruption activity in Russia. Scientific novelty for the first time in the Russia juridical literature the author describes the main tools and mechanisms of forming the anticorruptive legal conscience implemented in some foreign countries. Practical value possibility to use the research results by the subjects of the state policy of corruption counteraction to form the anticorruptive legal conscience with tools and mechanisms used in some foreign countries. nbsp

Reproductive medicine and the law: egg donation in Germany, Spain and other European countries.

Science.gov (United States)

Romeo Casabona, Carlos María; Paslack, Rainer; Simon, Jörgen W

2013-01-01

This paper analyzes the key legal issues raised by Reproductive Medicine practiced in Europe, with special attention to the rules prevailing in countries such as Germany and Spain. Thus, the paper involves a detailed study of the regulation in force in those countries, comparing their solutions with the rules adopted in other EU countries. It also highlights the high risk of com-modification in oocyte donation. In light of this, the differences between the laws of EU countries -some of them, very restrictive with prohibitions or requirements for recipient women and others more permissive with the use of reproductive technologies- can lead to a "reproductive tourism" between countries, as indeed is happening nowadays.

Rape as a legal indication for abortion: implications and consequences of the medical examination requirement.

Science.gov (United States)

Teklehaimanot, K I; Smith, C Hord

2004-01-01

A number of countries adopt abortion laws recognizing rape as a legal ground for access to safe abortion service. As rape is a crime, these abortion laws carry with them criminal and health care elements that in turn result in the involvement of legal and medical expertise. The most common objective of the laws should be providing safe abortion services to women survivors of rape. Depending on purposes of a given abortion law, the laws usually require women to undergo a medical examination to qualify for a legal abortion. Some abortion laws are so vague as to result in uncertainties regarding the steps health personnel must follow in conducting medical examination. Another group of abortion laws do not leave room for regulation and remain too rigid to respond to changing socio-economic circumstances. Still others require medical examination as a prerequisite for abortion. As a result, a number of abortion laws remain on the books. The paper attempts to analyze legal and practical issues related to medical examination in rape cases.

Morally sensitive issues and cross-border movement in the EU. The cases of reproductive matters and legal recognition of same-sex relationships

NARCIS (Netherlands)

Koffeman, Nelleke Renate

2015-01-01

Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships and reproductive matters such as abortion, assisted human reproduction and surrogacy. Cross-border movement within the EU exposes and affects this diversity, as it

Local and Transboundary Sharing of Water Resources: Legal and Equity Issues

International Nuclear Information System (INIS)

Mumma, A

2001-01-01

The article reviewed the law on water in local and transboundary contexts.The aim was to highlight the mechanisms for facilitating equity in the allocation and sharing of the resource. It has been demonstrated that, the relevant local and transboundary laws are in need for further urgent development in order to be able to achieve their objectives. The objective that will be of greatest importance in the 21. century is that of ensuring that, water conservation is fostered and promoted. The effort to meet the increasing demand for water, on the whole, have focused on attempts to increase supply to water users. In the era of increasing water scarcity, the management of demand and development of legal and other mechanisms to ensure efficient utilisation of the available water resources will become the central issue of the day. Equity in allocation will take, as it's central premises the conservation of the limited resource. The law will therefore need to develop increasingly in the direction of fostering a conservation ethic

Is ‘legal empowerment of the poor’ relevant to people with disabilities in developing countries? An empirical and normative review

Directory of Open Access Journals (Sweden)

Johan Borg

2013-11-01

Full Text Available Background: Legal empowerment of the poor is highly relevant to public health as it aims to relieve income poverty, a main determinant of health. The Commission on Legal Empowerment of the Poor (CLEP has proposed legal empowerment measures in the following four domains: access to justice and the rule of law, property, labor, and business rights. Despite being overrepresented among the poor, CLEP has not explicitly considered the situation of people with disabilities. Objectives: To examine the empirical evidence for the relevance of the CLEP legal empowerment measures to people with disabilities in low- and lower middle-income countries, and to evaluate the extent to which the Convention on the Rights of Persons with Disabilities (CRPD addresses those measures. Methods: Critical literature review of empirical studies and a checklist assessment of the CRPD. Results: Fourteen included articles confirm that people with disabilities experience problems in the domains of access to justice and the rule of law, labor rights, and business rights. No texts on property rights were found. Evidence for the effectiveness of the proposed measures is insufficient. Overall, the CRPD fully or partially supports two-thirds of the proposed measures (seven out of nine measures for access to justice and the rule of law, none of the five measures for property rights, all seven measures for labor rights, and six out of nine measures for business rights. Conclusions: Although most of the domains of the CLEP legal empowerment measures are relevant to people with disabilities from both empirical and normative perspectives, it is uncertain whether the devised measures are of immediate relevance to them. Further research is warranted in this regard.

A review of countries' pharmacist-patient communication legal requirements on prescription medications and alignment with practice

DEFF Research Database (Denmark)

Svensberg, Karin; Sporrong, Sofia Kälvemark; Björnsdottir, Ingunn

2015-01-01

BACKGROUND: Pharmacist-patient communication around prescription medications can optimize treatment outcomes. Society's expectations of pharmacist-patient communication around medications can be expressed in legislation, economic incentives, and authority control. In this study, the Nordic...... countries of Denmark, Finland, Iceland, Norway and Sweden provide the legislative examples and can be used as a platform to discuss how society's expectations, professional visions, and practice are aligning. OBJECTIVE: The overall aim of this study was to describe society's expectations of pharmacist......-patient communication around medications as expressed by the state in Nordic legislation, economic incentives and authority control. Additionally, this study describes how the states govern Nordic pharmacists in different pharmacy systems. METHOD: A legal review was performed using online legislative databases...

Public acceptance of euthanasia in Europe: a survey study in 47 countries.

Science.gov (United States)

Cohen, Joachim; Van Landeghem, Paul; Carpentier, Nico; Deliens, Luc

2014-02-01

In recent years, the European euthanasia debate has become more intense, and the practice was legalized in the Netherlands, Belgium, and Luxembourg. We aimed to determine the current degree of public acceptance of euthanasia across Europe and investigate what factors explain differences. Data were derived from the 2008 wave of the European Values Survey (EVS), conducted in 47 European countries (N = 67,786, response rate = 69 %). Acceptance of euthanasia was rated on a 1-10 scale. Relatively high acceptance was found in a small cluster of Western European countries, including the three countries that have legalized euthanasia and Denmark, France, Sweden and Spain. In a large part of Europe public acceptance was relatively low to moderate. Comparison with the results of the previous EVS wave (1999) suggests a tendency towards a polarization in Europe, with most of Western Europe becoming more permissive and most of Eastern Europe becoming less permissive. There is roughly a West-East division in euthanasia acceptance among the European public, making a pan-European policy approach to the issue difficult.

The critical issue of nuclear power plant safety in developing countries

International Nuclear Information System (INIS)

Rosen, M.

1977-01-01

A little more than a decade from now, large commercial nuclear power facilities will be in operation in almost 40 countries, of which approximately one-half are presently considered industrially less developed. Ambitious nuclear programmes coupled with minimal and frequently under-staffed regulatory and utility organizations are only one aspect of the difficulties related to the safety of nuclear plants that face these developing countries. Inherent problems of meeting current safety standards and requirements for the significantly non-standard nuclear power plant exports can be compounded by financial considerations that may lead to purchases of reactors of various types, from more than one supplier country and with different safety standards and requirements. An examination of these issues points to the necessity and opportunity for effective action which could include provision for adequate funding for safety considerations in the purchase contract, and for sufficient regulatory assistance and training from the developed countries. The article will introduce the topic, discuss specific examples, and offer some suggestions. (author)

Practice paper of the Academy of Nutrition and Dietetics abstract: ethical and legal issues of feeding and hydration.

Science.gov (United States)

Schwartz, Denise Baird; Posthauer, Mary Ellen; O'Sullivan Maillet, Julie

2013-07-01

It is the position of the Academy of Nutrition and Dietetics that individuals have the right to request or refuse nutrition and hydration as medical treatment. Registered dietitians should work collaboratively as part of an interprofessional team to make recommendations on providing, withdrawing, or withholding nutrition and hydration in individual cases and serve as active members of institutional ethics committees. This practice paper provides a proactive, integrated, systematic process to implement the Academy's position. The position and practice papers should be used together to address the history and supporting information of ethical and legal issues of feeding and hydration identified by the Academy. Elements of collaborative ethical deliberation are provided for pediatrics and adults and in different conditions. The process of ethical deliberation is presented with the roles and responsibilities of the registered dietitian and the dietetic technician, registered. Understanding the importance and applying concepts dealing with cultural values and religious diversity is necessary to integrate clinical ethics into nutrition care. Incorporating screening for quality-of-life goals is essential before implementing the Nutrition Care Process and improving health literacy with individual interactions. Developing institution-specific policies and procedures is necessary to accelerate the practice change with artificial nutrition, clinical ethics, and quality improvement projects to determine best practice. This paper supports the "Position of the Academy of Nutrition and Dietetics: Ethical and Legal Issues of Feeding and Hydration" published in the June 2013 issue of the Journal of the Academy of Nutrition and Dietetics. Copyright © 2013 Academy of Nutrition and Dietetics. Published by Elsevier Inc. All rights reserved.

Case Study: University of Anyplace: Strategic Legal Risk Review.

Science.gov (United States)

Hall, John T.; Ferguson, Rowan

2000-01-01

Considers legal issues and risks faced by a fictional American university as it seeks to establish an operation based in London. Addresses the first step in the process of risk management, the risk review exercise, and provides an explanation of the legal issues involved to allow progression to the second stage in the process (evaluation of the…

The Use of Ascorbic Acid as a Food Additive: Technical-Legal Issues

Science.gov (United States)

Varvara, Michele; Bozzo, Giancarlo; Celano, Giuseppe; Disanto, Chiara; Pagliarone, Cosimo Nicola

2016-01-01

Ascorbic acid (C6H8O6) is an organic compound belonging to the family of monosaccharide. It is highly soluble in water, and is often called one of the secrets of the Mediterranean diet. Its use is widespread in the food industry is also important, having always been exploited for its antioxidant and stabilising ability. Many indeed are the additive formulations that take advantage of these properties. The purpose of this paper is to explain the characteristics that make ascorbic acid an important food additive and to emphasise the technical and legal issues related to its use in food productions. In particular, in the course of this employment, laws and scientific studies have been applied to the resolution of a lawsuit, having as its object the use of ascorbic acid in preparations of ground beef sold at a butcher shop. The views expressed in court by the technical consultant have led to the acquittal of the accused, in the light of the demonstrated and proven non-toxicity of the molecule and the use of a mixture of additives for the production of sausage. The European and national legislations, supported by numerous scientific studies, define the possible use of ascorbic acid according to the principle of quantum satis, and it can be used in foods for children. Our work aims to represent further evidence of the safety of use of ascorbic acid as a food additive, and – as confirmed by the legal decision reported – it wants to bring out the prospects for use of ascorbic acid for technological purposes even by registered establishments. PMID:27800425

Noninvasive Prenatal Genetic Testing: Current and Emerging Ethical, Legal, and Social Issues.

Science.gov (United States)

Minear, Mollie A; Alessi, Stephanie; Allyse, Megan; Michie, Marsha; Chandrasekharan, Subhashini

2015-01-01

Noninvasive prenatal genetic testing (NIPT) for chromosomal aneuploidy involving the analysis of cell-free fetal DNA became commercially available in 2011. The low false-positive rate of NIPT, which reduces unnecessary prenatal invasive diagnostic procedures, has led to broad clinician and patient adoption. We discuss the ethical, legal, and social issues raised by rapid and global dissemination of NIPT. The number of women using NIPT is anticipated to expand, and the number of conditions being tested for will continue to increase as well, raising concerns about the routinization of testing and negative impacts on informed decision making. Ensuring that accurate and balanced information is available to all pregnant women and that access to NIPT is equitable will require policy guidance from regulators, professional societies, and payers. Empirical evidence about stakeholders' perspectives and experiences will continue to be essential in guiding policy development so that advances in NIPT can be used effectively and appropriately to improve prenatal care.

Regulatory challenges of robotics : Some guidelines for addressing legal and ethical issues

NARCIS (Netherlands)

Leenes, Ronald; Palmerini, Erica; Koops, Bert-Jaap; Bertolini, Andrea; Salvini, Pericle; Lucivero, Federica

2017-01-01

Robots are slowly, but certainly, entering people’s professional and private lives. They require the attention of regulators due to the challenges they present to existing legal frameworks and the new legal and ethical questions they raise. This paper discusses four major regulatory dilemmas in the

Should Pediatric Euthanasia be Legalized?

Science.gov (United States)

Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

2018-02-01

Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

Legal questions concerning the termination of spent fuel element reprocessing

International Nuclear Information System (INIS)

John, Michele

2005-01-01

The thesis on legal aspects of the terminated spent fuel reprocessing in Germany is based on the legislation, jurisdiction and literature until January 2004. The five chapters cover the following topics: description of the problem; reprocessing of spent fuel elements in foreign countries - practical and legal aspects; operators' responsibilities according to the atomic law with respect to the reprocessing of Geman spent fuel elements in foreign countries; compatibility of the prohibition of Geman spent fuel element reprocessing in foreign countries with international law, European law and German constitutional law; results of the evaluation

Environmentally related taxes in OECD countries: issues and strategies

Energy Technology Data Exchange (ETDEWEB)

NONE

2002-07-01

Economic instruments, including environmentally related taxes, play an increasing role in the environmental policies of developed countries. This publication addresses the use of environmental taxes and their effectiveness in reducing environmental damage. It finds these taxes are a powerful tool for implementing environmental strategy. It also describes obstacles to increased use of such taxes (e.g. concerns about competitiveness and distributional effects) and suggests ways to overcome such barriers. Particular attention is given to issues and options related to taxes on greenhouse gases. 18 figs., 13 tabs.

LEGAL ISSUES IN SHARI’A PAWN GOLD PRACTICE IN INDONESIA

Directory of Open Access Journals (Sweden)

Lastuti Abubakar

2017-12-01

Full Text Available In the past few years there is a trend of applying Islamic concept in Indonesia’s economic system and it has implications to existing legal system whereby new legal system should accommodate the changes. One of the institutions that uses both conventional and shari’a system in Indonesia is  pawning as an alternative financing mechanism, particularly for micro and consumption sectors. In practice, the function of pawning as financing instrument has shifted into investment by continuously doing pawning and buying. As a result, people who really need fund for financing are not facilitated.  The current regulation has allowed this practice for banks, pawnshops and financial institutions to offer pawn gold that is not for financing activity but for investment activity. Therefore, it raised  a question whether this activity is complying with the shari’a principles. What kind of regulations that can make the function of pawning back to its original purpose as financing mechanism. This study uses normative juridical approach by using secondary data from the legal resources, with specification of research methods using descriptive analysis whereas data are qualitatively described. The findings from this study reveal that the practice of pawning gold in Indonesia has not been fully consistent with the pawning function, therefore; it requires appropriate regulation so that the original function as the alternative financing for households and small medium enterprises (SMEs is not shifted to gold investment vehicles. Pawning gold is expected to be complementary to the businesses and households in terms of financing that cannot be fulfilled by the banks and other financial institutions.   Keywords: Pawn Gold, Legal Pawning, Shari’a

Minor's rights versus parental rights: review of legal issues in adolescent health care.

Science.gov (United States)

Maradiegue, Ann

2003-01-01

The right of adolescents to access confidential health care is sensitive and controversial. Recent challenges in the court system to adolescents' right to access abortion and contraception are eroding current law, including the Roe v Wade decision. The prospect of more than a million pregnancies in individuals under the age of 20 years in the United States with increasingly fewer alternatives to pregnancy is concerning. New regulations under the Health Insurance Portability and Accountability Act are adding yet another layer of complexity to the care of adolescents. Understanding legal issues surrounding adolescent rights to care can help the health care provider make appropriate care available to this age group. Keywords previously identified in CINAHL and MEDLINE were used to perform the literature search. LexisNexis was the search engine used to identify the laws and statutes.

A roaring trade? The legal trade in Panthera leo bones from Africa to East-Southeast Asia.

Science.gov (United States)

Williams, Vivienne L; Loveridge, Andrew J; Newton, David J; Macdonald, David W

2017-01-01

The African lion is the only big cat listed on CITES Appendix II, and the only one for which international commercial trade is legal under CITES. The trade in lion body parts, and especially the contentious trade in bones from South Africa to Asia, has raised concerns spanning continents and cultures. Debates were amplified at the 2016 CITES Conference of the Parties (CoP17) when a proposal to up-list lions to Appendix I was not supported and a compromise to keep them on Appendix II, with a bone trade quota for South Africa, was reached instead. CoP17 underscored a need for further information on the lion bone trade and the consequences for lions across the continent. Legal international trade in bones to Asia, allegedly to supply the substitute 'tiger bone' market, began in South Africa in February 2008 when the first CITES permits were issued. It was initially unclear the degree to which bones were sourced from captive-origin lions, and whether trade was a threat to wild lion populations. Our original assessment of the legal CITES-permitted lion bone trade from South Africa to East-Southeast Asia was for the period 2008-2011 (published 2015). In this paper, we consolidate new information that has become available for 2012-2016, including CITES reports from other African countries, and data on actual exports for three years to 2016 supplied by a freight forwarding company. Thus, we update the figures on the legal trade in lion bones from Africa to East-Southeast Asia in the period 2008-2016. We also contextualise the basis for global concerns by reviewing the history of the trade and its relation to tigers, poaching and wildlife trafficking. CITES permits issued to export bones escalated from ±314y-1 skeletons from 2008-2011, to ±1312y-1 skeletons from 2013-2015. South Africa was the only legal exporter of bones to Asia until 2013 when Namibia issued permits to export skeletons to Vietnam. While CITES permits to export ±5363 skeletons from Africa to Asia from

A roaring trade? The legal trade in Panthera leo bones from Africa to East-Southeast Asia.

Directory of Open Access Journals (Sweden)

Vivienne L Williams

Full Text Available The African lion is the only big cat listed on CITES Appendix II, and the only one for which international commercial trade is legal under CITES. The trade in lion body parts, and especially the contentious trade in bones from South Africa to Asia, has raised concerns spanning continents and cultures. Debates were amplified at the 2016 CITES Conference of the Parties (CoP17 when a proposal to up-list lions to Appendix I was not supported and a compromise to keep them on Appendix II, with a bone trade quota for South Africa, was reached instead. CoP17 underscored a need for further information on the lion bone trade and the consequences for lions across the continent. Legal international trade in bones to Asia, allegedly to supply the substitute 'tiger bone' market, began in South Africa in February 2008 when the first CITES permits were issued. It was initially unclear the degree to which bones were sourced from captive-origin lions, and whether trade was a threat to wild lion populations. Our original assessment of the legal CITES-permitted lion bone trade from South Africa to East-Southeast Asia was for the period 2008-2011 (published 2015. In this paper, we consolidate new information that has become available for 2012-2016, including CITES reports from other African countries, and data on actual exports for three years to 2016 supplied by a freight forwarding company. Thus, we update the figures on the legal trade in lion bones from Africa to East-Southeast Asia in the period 2008-2016. We also contextualise the basis for global concerns by reviewing the history of the trade and its relation to tigers, poaching and wildlife trafficking. CITES permits issued to export bones escalated from ±314y-1 skeletons from 2008-2011, to ±1312y-1 skeletons from 2013-2015. South Africa was the only legal exporter of bones to Asia until 2013 when Namibia issued permits to export skeletons to Vietnam. While CITES permits to export ±5363 skeletons from

A roaring trade? The legal trade in Panthera leo bones from Africa to East-Southeast Asia

Science.gov (United States)

Loveridge, Andrew J.; Newton, David J.; Macdonald, David W.

2017-01-01

The African lion is the only big cat listed on CITES Appendix II, and the only one for which international commercial trade is legal under CITES. The trade in lion body parts, and especially the contentious trade in bones from South Africa to Asia, has raised concerns spanning continents and cultures. Debates were amplified at the 2016 CITES Conference of the Parties (CoP17) when a proposal to up-list lions to Appendix I was not supported and a compromise to keep them on Appendix II, with a bone trade quota for South Africa, was reached instead. CoP17 underscored a need for further information on the lion bone trade and the consequences for lions across the continent. Legal international trade in bones to Asia, allegedly to supply the substitute ‘tiger bone’ market, began in South Africa in February 2008 when the first CITES permits were issued. It was initially unclear the degree to which bones were sourced from captive-origin lions, and whether trade was a threat to wild lion populations. Our original assessment of the legal CITES-permitted lion bone trade from South Africa to East-Southeast Asia was for the period 2008–2011 (published 2015). In this paper, we consolidate new information that has become available for 2012–2016, including CITES reports from other African countries, and data on actual exports for three years to 2016 supplied by a freight forwarding company. Thus, we update the figures on the legal trade in lion bones from Africa to East-Southeast Asia in the period 2008–2016. We also contextualise the basis for global concerns by reviewing the history of the trade and its relation to tigers, poaching and wildlife trafficking. CITES permits issued to export bones escalated from ±314y-1 skeletons from 2008–2011, to ±1312y-1 skeletons from 2013–2015. South Africa was the only legal exporter of bones to Asia until 2013 when Namibia issued permits to export skeletons to Vietnam. While CITES permits to export ±5363 skeletons from Africa

The Politics of Legal Arrangements

DEFF Research Database (Denmark)

Leander, Anna

2018-01-01

This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

The Process of Legal Drafting Regulation in the Development of the Nuclear Power Plant in Indonesia

International Nuclear Information System (INIS)

Amil Mardha

2009-01-01

In Indonesia, the process of legal drafting to establish the regulation is based on the Act No. 10 Year 2004 on the Establishment of Legislation. The process shall comply with the constitutional and institutional requirements of national political and legal system. In drafting the development of the regulation of nuclear energy, BAPETEN has been involving some other agencies or other related government agencies, and stakeholders such as utility, academic institutions, and publics. In general, in the process of legal drafting, international publications or other country regulations can be a reference and adopted. In the establishment of the regulations of nuclear energy, BAPETEN has issued some Government Regulations and Chairman Regulations of BAPETEN. For nuclear safety of NPP, the regulations have not been completed yet, but some regulations related in the area of siting of NPP have been already available. In this paper, it is discussed the process of the establishment of legislation and of the legal drafting nuclear regulation of NPP, and the current status of NPP regulations. (author)

ADMINISTRATIVE AND LEGAL PRINCIPLES OF FUNCTIONING OF THE FINANCIAL SYSTEM IN UKRAINE AND EUROPE: A COMPARATIVE ANALYSIS

Directory of Open Access Journals (Sweden)

Kateryna Chyzhmar

2017-12-01

Full Text Available The purpose of the article is a comparative legal analysis of the administrative and legal principles of the functioning of the financial system in Ukraine and European countries. The subject of the study is the peculiarities of the state regulation of financial systems in Great Britain, Germany, Poland, Spain, Sweden, and Ukraine. Methodology. The research is based on comparing the legal regulation of the financial system in Ukraine and in the EU countries. An analysis of European experience in the administrative regulation of financial systems and financial activity has shown that most European states support the policy of regulating the financial system as a holistic, indivisible phenomenon, gradually moving away from its understanding as a set of separate segments. A significant influence on this issue was made by the European Union, within which there was introduced a combination of the most important functions in the regulation of the EU financial system and entrusting them to a separate group of special bodies. Results of the comparative legal study showed that, unlike most European countries, in Ukraine, the administrative and legal framework for the provision of certain components of the financial sector, in particular, banking, investment, tax and budget, financial services market, etc., are not combined into a single model of state regulation of financial system, but they are scattered. In turn, the lack of a unified legal basis for state regulation of the national financial system in practice creates a situation where such regulation is carried out by a large number of state bodies of varying degrees, whose powers are repeated in some cases, which causes contradictions. Practical implications. It is found that the key difference between the regulation of financial systems in the countries of Europe lies in the very principle of perceiving the role of the state in this process and understanding the content of the financial system as a

Legal Framework and Mechanism of Marine Fisheries Subsidies in the Aspects of International Trade and Sustainable Development

Directory of Open Access Journals (Sweden)

Adijaya Yusuf

2015-12-01

Full Text Available Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982 has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in the Inland waters, archipelagic waters and the Territorial Sea. This article aims to examine the legal framework and mechanisms of fisheries subsidies in the aspects of trade and sustainable development. In this article, discussion would carried out in order to examine the legal framework and mechanisms of marine fisheries subsidies that are implemented with the principles of fair-trade and sustainable development, both in the international level, as well as in the national level. Thus, this research is expected to be able to bridge the interests of developed countries and developing countries, especially Indonesia, in order to achieve fair trade in the field of fisheries and resource utilization of sustainable fisheries.

Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts

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Mohammad Hajizadeh

2016-08-01

Full Text Available Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens’ tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada’s black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana.

Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts.

Science.gov (United States)

Hajizadeh, Mohammad

2016-05-25

Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens' tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada's black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana. © 2016 by Kerman University of Medical Sciences.

Intellectual property rights and gene-based technologies for animal production and health. Issues for developing countries

International Nuclear Information System (INIS)

Dutfield, G.

2005-01-01

Intellectual property rights (IPR) are legal and institutional devices to protect creations of the mind. With respect to gene-based innovation, the most significant IPR is patents. Appropriate patent regimes have the potential to foster innovation in animal biotechnology and the transfer of gene-based technologies. Inappropriate patent systems may be counter-productive. Indeed, many critics are doubtful that the current international patent standards, based as they are on a combination of the United States of America' and European regimes, can help countries that lack the capacity to do much life science and biotechnology research to become more innovative o r contribute to the acquisition, absorption and, where desirable, the adaptation of new gene-based technologies from outside. Present legislation in Europe, North America and internationally is considered, together with the controversies and important policy questions for developing countries, and the choices facing countries seeking to enhance their scientific and technological capacities in these areas. (author)

50 CFR 23.60 - What factors are considered in making a legal acquisition finding?

Science.gov (United States)

2010-10-01

... Treaty require a Management Authority to make a legal acquisition finding before issuing export permits... before issuing certain CITES exemption documents. (b) Types of legal acquisition. Legal acquisition refers to whether the specimen and its parental stock were: (1) Obtained in accordance with the...

Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy

Science.gov (United States)

Harper, Joyce C; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan

2013-01-01

In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and assisted reproductive technology (ART), and published an extended background paper, recommendations and two Editorials. Seven years later, in March 2012, a follow-up interdisciplinary workshop was held, involving representatives of both professional societies, including experts from the European Union Eurogentest2 Coordination Action Project. The main goal of this meeting was to discuss developments at the interface between clinical genetics and ARTs. As more genetic causes of reproductive failure are now recognised and an increasing number of patients undergo testing of their genome before conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and preimplantation genetic diagnosis (PGD) may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from randomised clinical trials to substantiate that the technique is both effective and efficient. Whole-genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (International Standards Organisation – ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving but still remains very heterogeneous and often contradictory. The lack of legal harmonisation and uneven access to infertility treatment and PGD/PGS fosters considerable cross-border reproductive care in Europe and beyond. The aim of this paper is to complement previous publications and

Legal issues of extended practice: Where does the responsibility lie?

International Nuclear Information System (INIS)

Buttress, Susan J.; Marangon, Tim

2008-01-01

The development of new roles in healthcare has been developing rapidly since even before the publication of the NHS Plan in 2000. The driving forces have encouraged the blurring of traditional professional role boundaries and the development of extended roles in practice in which health professionals have adopted tasks out of their normal scope of practice. This paper examines the legal implications of such actions and highlights the importance of recognising the legal responsibility of taking on tasks beyond their recognised role. The case law applicable to this area is discussed and applied to clinical negligence cases that could arise from practice that is beyond the scope of professionals within their field and appropriate conclusions are drawn

Legal issues of extended practice: Where does the responsibility lie?

Energy Technology Data Exchange (ETDEWEB)

Buttress, Susan J. [MSc Professional Development, School of Healthcare Professions, University of Salford, Frederick Road, Salford M6 6PU (United Kingdom)], E-mail: s.buttress@salford.ac.uk; Marangon, Tim [Programme Leader MA Healthcare Law/LLB Health Law, Salford Law School, Lady Hale Building, University of Salford, M5 4WT (United Kingdom)

2008-12-15

The development of new roles in healthcare has been developing rapidly since even before the publication of the NHS Plan in 2000. The driving forces have encouraged the blurring of traditional professional role boundaries and the development of extended roles in practice in which health professionals have adopted tasks out of their normal scope of practice. This paper examines the legal implications of such actions and highlights the importance of recognising the legal responsibility of taking on tasks beyond their recognised role. The case law applicable to this area is discussed and applied to clinical negligence cases that could arise from practice that is beyond the scope of professionals within their field and appropriate conclusions are drawn.

Growing Culture: An Ethnographic Study of the Legalization of Cannabis in Uruguay

OpenAIRE

Thorsen, Mats Skjervheim

2016-01-01

This thesis is based on six months of fieldwork conducted in Montevideo, the capital of Uruguay. The country legalized cannabis in 2013, but during my fieldwork only two of three aspects of the law were implemented. It was legal to cultivate privately or join a cannabis club, but there are no places to legally buy the product. In the thesis, I aim to explore different aspects of the cannabis movement in the country. In the first empirical chapter I look at how my informants perceive cannabis,...

The Legal Regulation of Cybersecurity

Directory of Open Access Journals (Sweden)

Darius Štitilis

2013-08-01

Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

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Dmitriy E. Nekrasov

2014-09-01

Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

Legal issues in amending nuclear rules and regulations

International Nuclear Information System (INIS)

Ossenbuehl, F.

2006-01-01

Nuclear rules and regulations are composed of a multitude of provisions, benchmarks, etc. of different origins and different levels of legal quality. The Safety Criteria and Guidelines for Nuclear Power Plants published in the 'Bundesanzeiger' (Federal Gazette) by the competent federal ministry after consultation of the competent highest state authorities are of particular importance. The Safety Criteria were adopted by the States Committee for Atomic Energy on October 12, 1977 and published in the 'Bundesanzeiger'. The Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU) intends to revise and amend the contents of the safety criteria and guidelines applying to nuclear power plants. The question underlying this article is this: In what legal way can such an 'amendment' be achieved in a permissible fashion? This leaves out of consideration the question of the contents and applicability of amended provisions, such as the question to what extent amended regulations can also be applied to the nuclear power plants already licensed and in operation, or whether the concept of finality and the constitutional ban on retroactive effect or other constitutional or paramount rules contain restrictions on the contents of such regulations. Solely the question of a permissible amending procedure is under study. (orig.)

LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

Directory of Open Access Journals (Sweden)

Edina Šehrić

2016-09-01

Full Text Available The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.

Legal Issues Affecting Faculty and Administration in Higher Education.

Science.gov (United States)

Peach, Larry E.; Reddick, Thomas L.

Legal aspects of college teaching and administration are discussed. The faculty and college are liable by tort law for students in three ways: intentional acts or interference, strict liability, and negligence. Intentional acts include improperly installed or dangerous equipment, while strict liability cases usually occur where fault is not…

Do ethics committees need a legal framework?

Science.gov (United States)

Byk, Christian

2007-01-01

The question "do ethics committees need a legal framework" may then raise fundamental discussion in the case of developing countries: will an ethical framework bring them a better capacity to assume their task? And what should this task be if we consider the particularities of clinical research conducted in developing countries?

The Attorney-Client Relationship as a Business Law-Legal Environment Topic

Science.gov (United States)

Levin, Murray S.

2004-01-01

Business school law courses should promote understanding of legal processes affecting business, help students learn to recognize legal issues and manage legal risks, increase ethical sensitivity, and help students to develop critical thinking skills. To this end, business law and legal environment textbooks tend to focus on ethical and legal…

How Do Learners in Developed and Developing Countries Relate to Environmental Issues?

Science.gov (United States)

Trumper, Ricardo

2010-01-01

The present study was carried out in the framework of earlier research on environmental education for sustainability, using data collected in the ROSE Project. Attention was focused mainly on students' responses to sections and items related to environmental issues, regarding their countries' degree of development. The research questions dealt…

Constitutionalising the Right Legal Representation at CCMA ...

African Journals Online (AJOL)

Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...

LEGAL PRINCIPLES IN FUNCTION AND PERFORMANCE OF BOT CONTRACT

Directory of Open Access Journals (Sweden)

Reifon Cristabella Eventia

2017-09-01

Full Text Available Build, Operate and Transfer (BOT represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this article are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. There are two results; firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of risk management and the principle of proportionality should be clearly stated in the rules and legal norms.

Personal Dignity in the European Legal Culture

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Lyudmila V. Butko

2017-09-01

Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

'Legal Family Formats for (Same-Sex) Couples', chapter 4

NARCIS (Netherlands)

Waaldijk, C.; Thevenon, O. & Neyer G.

2014-01-01

This paper describes in a comprehensive but compact manner the legal recognition that same-sex couples have been gaining in Europe. In 40 years a growing number of European countries has started to make marriage and/or other ‘legal family formats' available to same-sex couples. Simultaneously the

Seismic Activity: Public Alert and Warning: Legal Implications

Science.gov (United States)

Zocchetti, D.

2007-12-01

As science and technology evolve in ways that increase our ability to inform the public of potentially destructive seismic activity, there are significant legal issues for consideration. Even though countries and even states within the United States have differing legal tenets that could either change or at least re-shape the outcome of specific legal questions that this session will be pondering, there are fundamental legal principals that will permeate. It is often said that the law lags behind society and in particular its technological developments. No doubt in the area of warning the public of impending destructive forces of nature or society, the law will need to do some catching up. The law is probably adequately developed for at least some preliminary discussion of the key issues. No matter the legal scheme, if there is a failure or perceived failure in the system to warn people of a pending emergencies, albeit an earthquake, tsunami, or other predictable event, those who are harmed or believe they are harmed will seek relief under the law. Every day there are situations wherein the failure to warn or to adequately warn is key, such as with faulty or defective consumer products, escaped prisoners, and police high-speed vehicle chases. With alert and warning systems for disaster, however, we have a unique set of facts. Generally, the systems and their failures occur during emergencies or at least during situations under apparently exigent circumstances when the disaster's predictability is widely recognized as less than 100 percent. The law, in particular United States tort law, has been particularly lenient when people and organizations are operating during compressed timeframes and their actions are generally considered necessary to address circumstances relative to public safety. The legal system has been forgiving when the actor that failed or appeared to fail was government. The courts have liberally applied the principal of sovereign immunity to

Legal and Regulatory Barriers to Reverse Innovation.

Science.gov (United States)

Rowthorn, Virginia; Plum, Alexander J; Zervos, John

Reverse innovation, or the importation of new, affordable, and efficacious models to high-income countries from the developing world, has emerged as a way to improve the health care system in the United States. Reverse innovation has been identified as a key emerging trend in global health systems in part because low-resourced settings are particularly good laboratories for low-cost/high-impact innovations that are developed out of necessity. A difficult question receiving scant attention is that of legal and regulatory barriers. The objective of this paper is to understand and elucidate the legal barriers faced by innovators bringing health interventions to the United States. Semistructured qualitative interviews were conducted with 9 key informants who have directly participated in the introduction of global health care approaches to the United States health system. A purposive sampling scheme was employed to identify participants. Phone interviews were conducted over one week in July 2016 with each participant and lasted an average of 35 minutes each. Purely legal barriers included questions surrounding tort liability, standard of care, and concerns around patient-administered self-care. Regulatory burdens included issues of international medical licensure, reimbursement, and task shifting and scope of work challenges among nonprofessionals (e.g. community health workers). Finally, perceived (i.e. not realized or experienced) legal and regulatory barriers to innovative modalities served as disincentives to bringing products or services developed outside of the United States to the United States market. Conflicting interests within the health care system, safety concerns, and little value placed on low-cost interventions inhibit innovation. Legal and regulatory barriers rank among, and contribute to, an anti-innovation atmosphere in healthcare for domestic and reverse innovators alike. Reverse innovation should be fostered through the thoughtful development of

Shareholder Protection and Stock Market Development: An Empirical Test of the Legal Origins Hypothesis

OpenAIRE

John Armour; Simon Deakin; Prabirjit Sarkar; Mathias Siems; Ajit Singh

2008-01-01

We test the ‘law matters’ and ‘legal origin’claims using a newly created panel dataset measuring legal change over time in a sample of developed and developing countries. Our dataset improves on previous ones by avoiding country-specific variables in favour of functional and generic descriptors, by taking into account a wider range of legal data, and by considering the effects of weighting variables in different ways, thereby ensuring greater consistency of coding....

Sovereignty: analysis of its current issues in certain countries

Directory of Open Access Journals (Sweden)

Viktor Koščo

2016-02-01

Full Text Available Purpose and Originality: The purpose of my article work is analyzing of the issue of sovereignty in international law. Originality of my article is that events described in the text are for people little known. Method: In the text I used to describe the method. Result: I evaluated the most important facts and influences for States Kosovo, South Ossetia, Abkhazia, Tibet and South Sudan. Society: The lives of people in the above countries, the history and present. Limitation: I clarified the important facts and dates, also bring comparison between past and the future.

(Judicial mediation in Italy and Serbia: Comparative legal and economic analysis

Directory of Open Access Journals (Sweden)

Mojašević Aleksandar S.

2015-01-01

Full Text Available In this paper, the author analyzes the (judicial mediation in Italy and Serbia from the legal and economic aspects. Given the fact that Serbia and Italy belong to the same legal system, that there are many similar problems in the regulation and implementation of mediation in practice, but also considering that Italy has gone a step further in the regulation of this legal institution primarily by introducing mandatory mediation, the aim of this paper is to provide a comparative analysis of the concepts and institutional forms of mediation in the two countries and, consequently, to observe if there are any legal solutions that Serbia could possibly adopt from the Italian legal system. We assume that the Italian experience in the regulation and implementation of mediation, and its mandatory form in particular, could serve as a solid basis for finding certain legal solutions that could potentially contribute to improving the efficiency of this legal institution in our country. The main finding is that the institutionalizing of mandatory mediation in specific disputes, primarily in disputes on civil and commercial matters, would improve the efficiency of mediation in Serbia.

Legal issues relating to the feed-in of biogas under the Gas Network Access Ordinance; Rechtsfragen der Biogaseinspeisung nach der GasNZV

Energy Technology Data Exchange (ETDEWEB)

Stappert, Holger; Johannsen, Sven Leif Erik [Luther Rechtsanwaltsgesellschaft mbH, Duesseldorf (Germany)

2012-07-01

In the authors' view, the legislature has set itself ambitious goals in regulating the feed-in of biogas into the natural gas grid. Aside from the economic considerations that are leading investors to prefer other investment opportunities there are also a number of unresolved technical issues relating to the feed-in of biogas. Furthermore, network operators find themselves confronted with considerable legal uncertainty as they process grid connection applications, i.e. in the time interval from application submission until contract conclusion. In spite of being allowed only 3 months for processing connection applications, grid operators are required to bind themselves to a high degree in approving an application. This is a particular cause of difficulty given the as yet unresolved technical problems and is accordingly subject to controversy. In those difficult cases where it not possible to guarantee year-round feed-in of biogas into the grid because of unavailability of deodorant plants that would be needed for the ability to backfeed biogas into upstream grids, resolution would often nevertheless be possible if it was clearly indicated that use of a ''bypass solution'' as a means of ensuring overall cost-effectiveness would be accepted as a capacity-enhancing measure for purposes of cost allocation. This would provide grid operators a way of reliably circumventing the technical difficulties associated with deodorisation, enabling them to connect biogas production plants to the grid without having to deal with these technical issues which still await their final resolution. Under the law currently in force there is no legal impediment, subject to the specifics of the individual case, to accepting a bypass solution as a capacity enhancing measure. It would help grid operators in obtaining legal certainty, and ultimately promote investment in biogas projects, if the legislature were to clarify these issues in the Gas Network Access Ordinance.

Complex governance system issues for transportation renewal projects

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Kelly Strong

2014-01-01

Full Text Available The use of public–private partnerships (PPPs is growing in the United States in response to reductions in funding combined with an aging highway transportation infrastructure. Many other countries have longer experience with PPP and a greater understanding of the issues surrounding their use. The main governance issues to be addressed in PPPs deal with risk-sharing, relationships, contracts, and legal framework, and standard processes within dedicated organizational units. These governance issues are examined in the context of a case study for the US 36 Phase II PPP in Colorado. Findings suggest that for the US Phase II project, governance issues are resolved through more relational forms than prescriptive contractual language. Colorado has established a dedicated organizational unit to facilitate the use of PPPs, but there exist no standards or best practices in the United States for procurement, concession terms, or risk-sharing.

Carbon Capture and Storage Legal and Regulatory Review. Edition 2

Energy Technology Data Exchange (ETDEWEB)

NONE

2011-07-01

The International Energy Agency (IEA) estimates that 100 carbon capture and storage (CCS) projects must be implemented by 2020 and over 3000 by 2050 if CCS is to fully contribute to the least-cost technology portfolio for CO2 mitigation. To help countries address the many legal and regulatory issues associated with such rapid deployment, the IEA launched the Carbon Capture and Storage Legal and Regulatory Review (CCS Review) in October 2010. The CCS Review gathers contributions by national and regional governments, as well as leading organisations engaged in CCS regulatory activities, to provide a knowledge-sharing forum that supports national-level CCS regulatory development. Each contribution provides a short summary of recent and anticipated developments and highlights a particular regulatory theme (such as financial contributions to long-term stewardship). To introduce each edition, the IEA provides a brief analysis of key advances and trends. Produced bi-annually, the CCS Review provides an up-to-date snapshot of global CCS regulatory developments. The theme for the second edition of the CCS Review, released in May 2011, is long-term liability for stored CO2. Other key issues addressed include: national progress towards implementation of the EU CCS Directive; developments in marine treaties relevant to CCS; international climate change negotiations; and the development process for CCS regulation.

Legal briefing: home birth and midwifery.

Science.gov (United States)

Pope, Thaddeus Mason; Fisch, Deborah

2013-01-01

This issue's "Legal Briefing" column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women's' access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories. 1. Background and History 2. Certified Nurse-Midwives 3. Direct Entry Midwives 4. Prohibition of Direct Entry Midwives 5. Enforcement of Prohibition 6. Challenges to Prohibition 7. Forbearance without License 8. Voluntary Licensure 9. Unclear and Uncertain Status 10. Growth of DEM Licensure 11. Licensure Restrictions 12. Medicaid Coverage

Legal protection in French environmental law

International Nuclear Information System (INIS)

Fromont, M.

1983-01-01

The author presents a comparison of the French and the Federal German legal provisions providing for preliminary legal protection in connection with proceedings where protection of the environment is involved. The author also discusses proceedings in contentious administrative matters in connection with the licensing of the construction and operation of nuclear power plants, as well as the protection of the laws in subject matters concerning airborne pollution control and environmental protection in general. One of the most outstanding different features is the fact that in legal proceedings on administrative matters in France, protection of the existing legal system is the main issue rather than the protection of individual rights, as is the case in the Fed. Republic of Germany. (HP) [de

Drug-related deaths with evidences of body packing: Two case reports and medico-legal issues.

Science.gov (United States)

Cappelletti, Simone; Aromatario, Mariarosaria; Bottoni, Edoardo; Fiore, Paola Antonella; Straccamore, Marco; Umani Ronchi, Federica; De Mari, Guido Maria; Ciallella, Costantino

2016-05-01

Body packing is a general term used to indicate the internal transportation of drug packages, mainly cocaine, heroin, amphetamines, and methamphetamine, within the gastrointestinal tract. We described two cases of accidental drug intoxication, observed over the last year period, with evidence of intracorporeal drug concealment. The first case concerned a body packer transporting 69 drug packages of heroin adulterated with piracetam. The second body packer transported 16 drug packages of cocaine adulterated with levamisole. For both cases, forensic examination and toxicological analysis of drug packages and biological samples were carried out. Authors also wants to highlight the main medico-legal issues that commonly arise in cases of suspected or ascertained body packers. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

Physician-assisted suicide: the legal slippery slope.

Science.gov (United States)

Walker, R M

2001-01-01

In Oregon, physicians can prescribe lethal amounts of medication only if requested by competent, terminally ill patients. However, the possibility of extending the practice to patients who lack decisional capacity exists. This paper examines why the legal extension of physician-assisted suicide (PAS) to incapacitated patients is possible, and perhaps likely. The author reviews several pivotal court cases that have served to define the distinctions and legalities among "right-to-die" cases and the various forms of euthanasia and PAS. Significant public support exists for legalizing PAS and voluntary euthanasia in the United States. The only defenses against sliding from PAS to voluntary euthanasia are adhering to traditional physician morality that stands against it and keeping the issue of voluntary euthanasia legally framed as homicide. However, if voluntary euthanasia evolves euphemistically as a medical choice issue, then the possibility of its legalization exists. If courts allow PAS to be framed as a basic personal right akin to the right to refuse treatment, and if they rely on right-to-die case precedents, then they will likely extend PAS to voluntary euthanasia and nonvoluntary euthanasia. This would be done by extending the right to PAS to incapacitated patients, who may or may not have expressed a choice for PAS prior to incapacity.

The Economic and Legal Status of Cryptocurrency Both in Ukraine and Abroad

Directory of Open Access Journals (Sweden)

Nadievets Luidmila M.

2017-12-01

Full Text Available The article is aimed at disclosing the economic essence of cryptocurrency, researching the foreign experience in the use of digital currency in market economies and the possibilities of its adaptation to the conditions of Ukraine. Attention is focused on the advantages and disadvantages of using cryptocurrency in the development of the modern economy. Definitions of the category of «cryptocurrency» from different literary sources have been generalized. It has been defined that the first and most widespread cryptocurrency in different countries of the world is the Bitcoin. The features of issue and circulation of cryptocurrency both in Ukraine and abroad have been clarified. The international experience of work with cryptocurrency was considered and its potential influence on development of the national economy was determined. The economic and legal status of national and foreign cryptocurrencies was researched. The ways of overcoming the legal vacuum of the mode of work with national and foreign cryptocurrencies have been proposed.

Ethical issues in research in low-income countries.

Science.gov (United States)

Benatar, S R; Fleischer, T E

2007-06-01

During the twentieth century, spectacular developments in science, technology and medical practice coupled with economic growth have transformed health care and improved the lives of many people. Despite such progress, the world today is more inequitable than it was 50 years ago: disparities in wealth and health are widening inexorably, and infectious diseases are again becoming a major scourge and pose a threat to the lives of all. Hundreds of millions of people live in degrading poverty, with little, if any, access to health care. Recognition of this context in which much research takes place should sharpen our focus on the ethical requirements for research that could improve the health of a greater proportion of the world's population--one of the most pressing moral problems of our time. The intense debate on ethical dilemmas associated with an expanding programme of clinical research in developing countries has revealed much common ground, but has also left a residuum of controversy. We suggest that contested issues could be resolved by paying greater attention to different world views on the relationship between research and clinical care and by defining policies that both progressively improve the standard of care in research and link research to improved delivery of health care in developing countries.

Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure

Science.gov (United States)

Trembecka, Anna

2016-06-01

A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

Policy issues in modern cartography

CERN Document Server

Taylor, DRF

1998-01-01

Policy Issues in Modern Cartography contains the views of national mapping agencies, legal scholars, the library community, the private sector and academia on these and many other important issues. The book begins with perspectives from national mapping agencies in Britain, Canada and the United States followed by a survey of the situation in Asia. The next three chapters deal primarily with legal issues such as copyright and intellectual property from both North American and European perspectives. Chapter 8 presents an important perspective on the key issues by a representative of the privat

EARNINGS MANAGEMENT, AUDIT QUALITY AND LEGAL ENVIRONMENT: AN INTERNATIONAL COMPARISON

Directory of Open Access Journals (Sweden)

Mehmet Unsal Memis

2012-01-01

Full Text Available This paper investigates the relationship between earnings management-audit quality and earnings management-legal system quality by using 1507 firms’ observations from listed companies in private firms across different 8 emerging countries. Consistent with previous research, differentiation between Big 4 and non-Big 4 audit firms are used as a audit quality proxy and discretionary accruals are used to measure the earnings management. According to the results, only for Brazilian and Mexican companies, there is significant relationship between the discretionary accruals and audit quality. For the other countries there is not significant relationship. Furthermore efficiency of the legal system helps decrease earnings management incentives. Along with results, the big four auditors do not constrain the earnings management incentives in every emerging country but effective legal system does. In this analysis we used other earnings management related variables like the size of the firms, leverage, lagged ROA of the firms which have loss in the previous year and Tobin Q as control variables.

Legal regulation of protection of animals against cruelty

OpenAIRE

Spurná, Jana

2006-01-01

Diploma thesis: Legal regulation of protection of animals against cruelty This diploma thesis deals with national and transnational legal regulation of the protection of animals against cruelty. It comprises of four chapters. First chapter concerns ethical grounds of given issue and it provides analysis of term "animal welfare". Second chapter contains the most significant transnational legal rules of the protection of animals against cruelty adopted within the Council of Europe or the Europe...

Policy options for pharmaceutical pricing and purchasing: issues for low- and middle-income countries.

Science.gov (United States)

Nguyen, Tuan Anh; Knight, Rosemary; Roughead, Elizabeth Ellen; Brooks, Geoffrey; Mant, Andrea

2015-03-01

Pharmaceutical expenditure is rising globally. Most high-income countries have exercised pricing or purchasing strategies to address this pressure. Low- and middle-income countries (LMICs), however, usually have less regulated pharmaceutical markets and often lack feasible pricing or purchasing strategies, notwithstanding their wish to effectively manage medicine budgets. In high-income countries, most medicines payments are made by the state or health insurance institutions. In LMICs, most pharmaceutical expenditure is out-of-pocket which creates a different dynamic for policy enforcement. The paucity of rigorous studies on the effectiveness of pharmaceutical pricing and purchasing strategies makes it especially difficult for policy makers in LMICs to decide on a course of action. This article reviews published articles on pharmaceutical pricing and purchasing policies. Many policy options for medicine pricing and purchasing have been found to work but they also have attendant risks. No one option is decisively preferred; rather a mix of options may be required based on country-specific context. Empirical studies in LMICs are lacking. However, risks from any one policy option can reasonably be argued to be greater in LMICs which often lack strong legal systems, purchasing and state institutions to underpin the healthcare system. Key factors are identified to assist LMICs improve their medicine pricing and purchasing systems. Published by Oxford University Press in association with The London School of Hygiene and Tropical Medicine © The Author 2014; all rights reserved.

Legal Aspects of Regulating Lobbying in the United States of America and Canada

Directory of Open Access Journals (Sweden)

Elena A. Kremyanskaya

2014-01-01

Full Text Available The author reviews history and peculiarities of the legal regulations of lobbying in USA and Canada, points out the tendencies of the legislation development. USA and Canada are among the first countries, which included legal regulations on the lobbying relations in the state government. The author explores the evolution of development of the lobbying legislation in the USA, and in particular reviews the Foreign Agents Registration Act of 1938, Federal Regulation of Lobbying Act of 1976, Lobbying Disclosure Act of 1995, as well as evolution of the Canadian legislation, where the Act on Lobbying of 1989 is in force, which had substantial changes during the last ten years. Taking into consideration the territorial form of state, the author reviews not only the federal legislation, but also laws on the level of states and provinces of these federations. Besides, the author covers the activity of the control bodies, order of registration and reporting by lobbyists of their professional activity, reveals pro and cons of the legal regulations of such institution as lobbying. In the article there is the list of information, which should be provided by lobbyists to the control bodies and the author correctly mentions that this list in USA is much wider, comparing to Canadian regulations. In the article the author reviews the liability for violations of lobbying legislation. In particular, in the USA the criminal liability is applied up to 5 years of imprisonment and financial penalties up to 200 thousand US dollars. Based on the USA and Canada experience the author reveals the key issues, which should be fixed by the legal regulations in the country and in particular: the clear definition of the lobbying and lobbyist, necessity of disclosure on the information about client and amounts paid, fixing in the control mechanisms and liability.

Should Pediatric Euthanasia be Legalized?

NARCIS (Netherlands)

Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery

Unequal before the Law : Measuring Legal Gender Disparities across the World

OpenAIRE

Iqbal, Sarah; Islam, Asif; Ramalho, Rita; Sakhonchik, Alena

2016-01-01

Several economies have laws that treat women differently from men. This study explores the degree of such legal gender disparities across 167 economies around the world. This is achieved by constructing a simple measure of legal gender disparities to evaluate how countries perform. The average number of overall legal gender disparities across 167 economies is 17, ranging from a minimum of ...

Safety, safeguards and security: three challenges for emerging nuclear countries

International Nuclear Information System (INIS)

Barretto, P.M.C.

2009-01-01

An effective and sustainable national safety and secure regime is a goal and a challenge to countries considering the benefits of power and non-power applications of nuclear energy. This will provide for protection of people and environment from the effects of ionizing radiation. Moreover, this will minimize the possibility of accidents and the occurrence of malicious acts. Such a regime involves the establishment of institutional, legal and technical frameworks to support and sustain the implementation of nuclear applications in a coordinated manner. This paper describes the key constraints and challenges that emerging nuclear countries face in the process of developing such frameworks when preparing themselves to implement the envisaged nuclear activities. The role of the government, the issues involved, the difficulties common to developing countries, the assistance available and the way forward are discussed.(Author)

Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

OpenAIRE

Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

2012-01-01

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the e...

Sustainable solid waste management: An integrated approach for Asian countries

International Nuclear Information System (INIS)

Shekdar, Ashok V.

2009-01-01

Solid waste management (SWM) has been an integral part of every human society. The approaches for SWM should be compatible with the nature of a given society, and, in this regard, Asian countries are no exception. In keeping with global trends, the systems are being oriented to concentrate on sustainability issues; mainly through the incorporation of 3R (reduce, reuse and recycle) technologies. However, degree and nature of improvements toward sustainability are varying and depend on the economic status of a country. High-income countries like Japan and South Korea can afford to spend more to incorporate 3R technologies. Most of the latest efforts focus on 'Zero Waste' and/or 'Zero Landfilling' which is certainly expensive for weaker economies such as those of India or Indonesia. There is a need to pragmatically assess the expectations of SWM systems in Asian countries. Hence, in this paper, we analyze the situation in different Asian countries, and explore future trends. We conceptually evaluate issues surrounding the sustainability of SWM. We propose a multi-pronged integrated approach for improvement that achieves sustainable SWM in the context of national policy and legal frameworks, institutional arrangement, appropriate technology, operational and financial management, and public awareness and participation. In keeping with this approach, a generic action plan has been proposed that could be tailored to suit a situation in a particular country. Our proposed concept and action plan framework would be useful across a variety of country-specific scenarios

Concept Of The Legal System Analysis

Directory of Open Access Journals (Sweden)

Petr E. Zhigockiy

2015-03-01

Full Text Available In the present article an attempt to provide a theoretical analysis of the legal system, and to consider the law as one of the most complicated social phenomena was made. Author notes, that the contradictions prevailing in public practice are unpredictable. Doctrines of law are varied in their approaches, scores and results, but based on a common foundation: the law for people always acted as a certain order in a society, where the differences begin. Author draws attention to the fact, that the state and the law ensure the order in society by removing contradictions and achieving social compromises. The legal reality is divided into certain groups of legal systems, there is a classification. If we are relying on the identification of groups of the same order, there is the theoretical generality as the level of the theory of law on the legal systems basis. Analysis of the political and legal systems will draw attention to the democratic and totalitarian regimes. Totalitarian regimes are characterized by law as means of violence, the means of coercion and suppression. The majority of democratic regimes are characterized by the use of law as a means of social harmony and social compromise. In conclusion, author underlines, that the theory of law can be made not only at the level of each country. This level is a necessary basis for the theory, but not its completion. Based on the individual characteristics of each country's law, that is descended from the general and particular to an individual, the theory can and should continue to make the way back from the individual to the particular and the general.

A comprehensive assessment of options for the legal form of the Paris Climate Agreement

International Nuclear Information System (INIS)

Maljean-Dubois, Sandrine; Wemaere, Matthieu; Thomas Spencer

2014-01-01

For many years, the issue of the legal form of the new climate agreement has hovered over the international negotiations. Countries have insisted on first discussing substance. Indeed, it is here that the main divergences remain. However, one year out from the Paris climate conference, it is time to open the discussion on the legal form of the final agreement. The issue of legal form is often reduced to the negotiation of a 'binding' or 'non-binding' agreement. The bindingness of an international environmental agreement however depends on multiple parameters. We propose four parameters to be considered: the form of the core agreement; the 'anchoring' of commitments; mechanisms for transparency, accountability and facilitation; and mechanisms for compliance. Parties should assess pros and cons of these options, and the agreement be optimised across all four. Negotiations appear to be heading towards a hybrid agreement. Some provisions would be contained in a core agreement, and some in implementing documents such as decisions or schedules. This structure can help to balance legal certainty with flexibility. The core agreement should contain a binding provision to implement and regularly update a 'nationally determined contribution' (NDC). If these NDCs were to be housed outside the agreement, this could give more flexibility on their content, submission and updating. The core agreement should contain strong provisions on transparency, accountability and facilitation, including independent institutional arrangements (a Transparency Committee). At this stage in global cooperation and given inherent weaknesses in international environmental law, a punitive compliance mechanism seems unfeasible. However, the agreement should contain a compliance mechanism regarding procedural obligations, such as submission and updating of NDCs. (authors)

Status of National Nuclear Infrastructure Development (NG-T-3.2). Basis for Evaluation - Legal, safety, security, safeguards issues

International Nuclear Information System (INIS)

Yllera, Javier

2010-01-01

A framework for achieving high levels of nuclear safety and security worldwide Builds upon: Legal Instruments; Use of IAEA SSs and security guidance; Harmonization of national regulations; Exchange of knowledge, experiences & regulatory practices and Multinational cooperation and safety reviews. The IAEA is the depository of many key international conventions and legal agreements. All countries with operating nuclear power plants are now parties to the Convention. The main objective of Convention on Nuclear Safety is to achieve and maintain a high level of nuclear safety worldwide through the enhancement of national measures and international cooperation including, where appropriate, safety related technical co-operation. All practical efforts must be made to prevent and mitigate nuclear or radiation accidents. The primary means of preventing and mitigating the consequences of accidents is “defence in depth”. Safety assessments are to be carried out and documented by the organization responsible for operating the facility, are to be independently verified and are to be submitted to the regulatory body as part of the licensing or authorization process. Licensing process must be well-defined, clear, transparent and traceable. The public should be given an opportunity to provide their views during certain steps of the licensing process

Ethical issues related to epilepsy care in the developing world.

Science.gov (United States)

Tan, Chong-Tin; Avanzini, Giuliano

2009-05-01

There are three major issues of ethical concern related to epilepsy care in the developing world. First, is it ethical for a developing country to channel its limited resources from direct epilepsy care to research? The main considerations in addressing this question are the particular research questions to be addressed and whether such research will bring direct benefits to the local community. Second, in a country with limited resources, when does ignoring the high treatment gap become an ethical issue? This question is of particular concern when the community has enough resources to afford treatment for its poor, yet is not providing such care because of gross wastage and misallocation of the national resources. Third, do countries with plentiful resources have an ethical responsibility to help relieve the high epilepsy treatment gap of poor countries? Indeed, we believe that reasonable health care is a basic human right, and that human rights transcend national boundaries. Although health care is usually the responsibility of the nation-state, many modern states in the developing world are arbitrary creations of colonization. There is often a long process from the establishment of a political-legal state to a mature functional nation. During the long process of nation building, help from neighboring countries is often required.

Implementing risk-stratified screening for common cancers: a review of potential ethical, legal and social issues.

Science.gov (United States)

Hall, A E; Chowdhury, S; Hallowell, N; Pashayan, N; Dent, T; Pharoah, P; Burton, H

2014-06-01

The identification of common genetic variants associated with common cancers including breast, prostate and ovarian cancers would allow population stratification by genotype to effectively target screening and treatment. As scientific, clinical and economic evidence mounts there will be increasing pressure for risk-stratified screening programmes to be implemented. This paper reviews some of the main ethical, legal and social issues (ELSI) raised by the introduction of genotyping into risk-stratified screening programmes, in terms of Beauchamp and Childress's four principles of biomedical ethics--respect for autonomy, non-maleficence, beneficence and justice. Two alternative approaches to data collection, storage, communication and consent are used to exemplify the ELSI issues that are likely to be raised. Ultimately, the provision of risk-stratified screening using genotyping raises fundamental questions about respective roles of individuals, healthcare providers and the state in organizing or mandating such programmes, and the principles, which underpin their provision, particularly the requirement for distributive justice. The scope and breadth of these issues suggest that ELSI relating to risk-stratified screening will become increasingly important for policy-makers, healthcare professionals and a wide diversity of stakeholders. © The Author 2013. Published by Oxford University Press on behalf of Faculty of Public Health.

Primer on Legal Affairs for the School Business Official.

Science.gov (United States)

Russo, Charles J., Ed.; Polansky, Harvey, Ed.; Wood, R. Craig, Ed.

This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district…

Semantics and discursivity of the Chilean legislation on immigration issues. A critical approach

Directory of Open Access Journals (Sweden)

Felipe López Pérez

2013-12-01

the Western notion of State, Nation and Citizenship in the Chilean laws on immigration issues. this review is provided in the context of modernity and late capitalism, theoretical and conceptual references that are subsumed under this regulation. The absence of grand narratives and identities defined reread forces in the legal code, the migratory insertion of human capital in the country. From this point off the charges and cultural processes that entails.

Lay and professional stakeholder involvement in scoping palliative care issues: Methods used in seven European countries.

Science.gov (United States)

Brereton, Louise; Ingleton, Christine; Gardiner, Clare; Goyder, Elizabeth; Mozygemba, Kati; Lysdahl, Kristin Bakke; Tummers, Marcia; Sacchini, Dario; Leppert, Wojciech; Blaževičienė, Aurelija; van der Wilt, Gert Jan; Refolo, Pietro; De Nicola, Martina; Chilcott, James; Oortwijn, Wija

2017-02-01

Stakeholders are people with an interest in a topic. Internationally, stakeholder involvement in palliative care research and health technology assessment requires development. Stakeholder involvement adds value throughout research (from prioritising topics to disseminating findings). Philosophies and understandings about the best ways to involve stakeholders in research differ internationally. Stakeholder involvement took place in seven countries (England, Germany, Italy, Lithuania, the Netherlands, Norway and Poland). Findings informed a project that developed concepts and methods for health technology assessment and applied these to evaluate models of palliative care service delivery. To report on stakeholder involvement in the INTEGRATE-HTA project and how issues identified informed project development. Using stakeholder consultation or a qualitative research design, as appropriate locally, stakeholders in seven countries acted as 'advisors' to aid researchers' decision making. Thematic analysis was used to identify key issues across countries. A total of 132 stakeholders (82 professionals and 50 'lay' people) aged ⩾18 participated in individual face-to-face or telephone interviews, consultation meetings or focus groups. Different stakeholder involvement methods were used successfully to identify key issues in palliative care. A total of 23 issues common to three or more countries informed decisions about the intervention and comparator of interest, sub questions and specific assessments within the health technology assessment. Stakeholders, including patients and families undergoing palliative care, can inform project decision making using various involvement methods according to the local context. Researchers should consider local understandings about stakeholder involvement as views of appropriate and feasible methods vary. Methods for stakeholder involvement, especially consultation, need further development.

Valuation issues in lesser developed countries: Investment opportunities

International Nuclear Information System (INIS)

Clements, P.J.

1992-01-01

Privatization has become the buzzword of the early 1990s, as all over the world governments are selling off their assets. Monopolistic utilities such as gas, water and waste disposal - but particularly electric - are prime assets for sale because their cash flows and competitive environment are reasonably predictable. Utility privatization in lesser developed countries (LDC) is giving rise to many new investment opportunities where predictions of high growth rates lead to anticipation of lucrative returns. Potential investors, however, should fully exercise the concept of caveat emptor: let the buyer beware. Coupled with these lucrative returns are risks arising from less stable political and economic conditions. possible market inefficiencies, and potentially high transaction costs. This article explores the central issues involved in valuing privatization investment opportunities in LDCs and performing requisite due diligence reviews

Pokémon Go and the Law: Privacy, Intellectual Property, and Other Legal Concerns

OpenAIRE

Li, Tiffany

2017-01-01

Before the first lawsuits arrive, this article provides a brief analysis of some of the legal issues involved with the new hit mobile game, including: personal injury liability; privacy; intellectual property; trespass; augmented reality; and virtual currency. This is not an exhaustive list of every legal possibility inherent in the Pokémon Go world. These are just some of the legal issues at play when users, well, play. While this may seem like a long list of potential legal problems, the re...

Medical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing And Psychosocial Outcomes For Vets.

Science.gov (United States)

Tsai, Jack; Middleton, Margaret; Villegas, Jennifer; Johnson, Cindy; Retkin, Randye; Seidman, Alison; Sherman, Scott; Rosenheck, Robert A

2017-12-01

Medical-legal partnerships-collaborations between legal professionals and health care providers that help patients address civil legal problems that can affect health and well-being-have been implemented at several Veterans Affairs (VA) medical centers to serve homeless and low-income veterans with mental illness. We describe the outcomes of veterans who accessed legal services at four partnership sites in Connecticut and New York in the period 2014-16. The partnerships served 950 veterans, who collectively had 1,384 legal issues; on average, the issues took 5.4 hours' worth of legal services to resolve. The most common problems were related to VA benefits, housing, family issues, and consumer issues. Among a subsample of 148 veterans who were followed for one year, we observed significant improvements in housing, income, and mental health. Veterans who received more partnership services showed greater improvements in housing and mental health than those who received fewer services, and those who achieved their predefined legal goals showed greater improvements in housing status and community integration than those who did not. Medical-legal partnerships represent an opportunity to expand cross-sector, community-based partnerships in the VA health care system to address social determinants of mental health.

Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

Directory of Open Access Journals (Sweden)

Laura Ferguson

Full Text Available There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent.We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews.The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (inaction. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies.Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal

Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

Science.gov (United States)

Ferguson, Laura; Nicholson, Alexandra; Henry, Ian; Saha, Amitrajit; Sellers, Tilly; Gruskin, Sofia

2018-01-01

There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent. We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews. The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (in)action. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies. Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy) can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal environment

Legal, regulatory & institutional issues facing distributed resources development

Energy Technology Data Exchange (ETDEWEB)

NONE

1996-10-01

This report describes legal, regulatory, and institutional considerations likely to shape the development and deployment of distributed resources. It is based on research co-sponsored by the National Renewable Energy Laboratory (NREL) and four investor-owned utilities (Central & South West Services, Cinergy Corp., Florida Power Corporation, and San Diego Gas & Electric Company). The research was performed between August 1995 and March 1996 by a team of four consulting firms experienced in energy and utility law, regulation, and economics. It is the survey phase of a project known as the Distributed Resources Institutional Analysis Project.

Taxation Of Partnership - Legal national reports for the Nordic Tax Research Council′s annual meeting, 2015 in Aarhus

Directory of Open Access Journals (Sweden)

Hilling Axel

2015-12-01

Full Text Available This joint report includes the five legal national reports on the taxation of partnership in the Nordic countries. The general contents of these reports are summarized and thoroughly analyzed in Liselotte Madsen’s General report, published in this issue of the NTaxJ. For additional information, details on legislative measures etc. we find it important, however, to also publish the national reports in full length. We hope you will find it valuable as well.

Legal framework of the Radiation Protection in Guatemala

International Nuclear Information System (INIS)

Freire, Diana

2002-01-01

This presentation prepared by the Deputy Director of Energy Mrs. Diana Freire de Nave overviews the following issues: objectives and functions of the national authority on the following activities: controlling, licensing and inspections. Also describes the legal process to authorize installations, operators, equipment and the legal frame on radiation safety in Guatemala

CORPORATE GOVERNANCE AND FIRM VALUE IN EMERGING MARKETS AN EMPIRICAL ANALYSIS OF ADR ISSUING EMERGING MARKET FIRMS

Directory of Open Access Journals (Sweden)

Aysun Ficici

2012-01-01

Full Text Available This study explores the value implications of good corporate governance for a sample of 54 ADR issuing emerging market firms (EMFs from 9 countries primarily located in the regions of Asia, Eastern Europe and Latin America and the and employs recently constructed company composite corporate governance metric along with some alternative corporate governance measures associated with the origin of the issuing firm. Although the ADR literature primarily focuses on the impact of subscription to US disclosure requirements we contend that company and country specific corporate governance standards play a significant role in the risk reduction and ensuing value capture.  The fundamental inquiry in this study has the following foci: The primary focus is on the impact of corporate governance structures on firm performance as to whether adherence to standards creates market value for ADR issuing EMFs.  Do good corporate governance practices affect the value of EMFs? The secondary focus is concerned with whether the impact of corruption level and legal system in a firm’s home country affect the corporate structures of EMFs thus affecting the market value of firms.  In this study, we utilize Tobin’s q as the measure of firm performance/market value.  Our findings suggest that there is a significant correlation between corporate governance structures of ADR issuing EMFs and their market values and/or performances.  The results also indicate that the level of corruption and legal structures in home countries of EMFs strongly impact the corporate governance structures of these firms and sequentially affect their market values. Therefore, this research further contributes to the scholarly findings and suppositions that corporate structures of firms do create consequences on firm value.

The management, privacy and medico-legal issues of electronic CPAP data in Australia and New Zealand: Electronic CPAP data management in Australia and New Zealand.

Science.gov (United States)

Swieca, John; Hamilton, Garun S; Meaklim, Hailey

2017-08-01

Continuous Positive Airway Pressure (CPAP) is considered to be the gold standard treatment for obstructive sleep apnoea (OSA). CPAP monitoring systems allow tracking of patient CPAP adherence and treatment efficacy, by measuring residual sleep-disordered breathing, hours of CPAP use, and mask leak etc. The American Thoracic Society (ATS) published a position paper in 2013 highlighting issues of interpreting CPAP data such as a lack of consistency between CPAP manufacturers data algorithms, legal implications of CPAP data and implications for CPAP adherence. This paper extends on this work by investigating these issues in an Australasian context. A review of current literature on CPAP monitoring systems, privacy and security of CPAP data for major Australasian CPAP providers, and CPAP adherence was undertaken. A legal review was also commissioned for issues related to privacy and security of CPAP data. CPAP manufacturers' utilize different algorithms for respiratory event detection and clinicians need to be aware the implications for interpreting CPAP data. Australasian CPAP manufacturers have created security/privacy policies with the intent to follow relevant legislation to protect patients' CPAP data, however they do need to be constantly reviewed and updated to avoid data breaches and changes to agreements. No guarantees can be provided by the Australasian Sleep Association on CPAP manufacturers' compliance with these policies and there is the potential for some degree of liability for physicians and CPAP providers associated with CPAP data. Lastly, providing patients with feedback on their CPAP usage and OSA management appears to have positive influence CPAP adherence. CPAP data provides many opportunities to increase OSA patient care and to help patients self-manage this chronic condition. However, issues relating to lack of standardization of CPAP parameters, privacy, security, and legal implications will need to be managed in this changing technologic and

The Legal Road To Replicating Silicon Valley

OpenAIRE

John Armour; Douglas Cumming

2004-01-01

Must policymakers seeking to replicate the success of Silicon Valley’s venture capital market first replicate other US institutions, such as deep and liquid stock markets? Or can legal reforms alone make a significant difference? In this paper, we compare the economic and legal determinants of venture capital investment, fundraising and exits. We introduce a cross-sectional and time series empirical analysis across 15 countries and 13 years of data spanning an entire business cycle. We show t...

The penal aspect of the essence of the legal institute

Directory of Open Access Journals (Sweden)

Олег Миколайович Кревсун

2016-04-01

Full Text Available Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law. Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.

ELSA for Children Legal Research Report

DEFF Research Database (Denmark)

Ó Cathaoir, Katharina Eva

In order to support the Council of Europe ONE in FIVE Campaign to stop sexual violence against children, to contribute to the protection of children’s rights in Europe and to increase the awareness of law students on the subject, ELSA created a network-wide Legal Research Group (LRG) called ‘ELSA...... for Children’. Throughout 2012, 250 students from 23 countries carried out research on the implementation of European and international instruments protecting children against violence and sexual abuse. The project resulted in a final report compiling national data on the different definitions and legal...

Caspian energy and legal disputes: prospects for settlement

Energy Technology Data Exchange (ETDEWEB)

Ogutcu, Mehmet

2003-07-01

This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

Caspian energy and legal disputes: prospects for settlement

International Nuclear Information System (INIS)

Ogutcu, Mehmet

2003-01-01

This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

Book Scarcity, Law Libraries and the Legal Profession in Nigeria.

Science.gov (United States)

Jegede, Oluremi

1992-01-01

Discussion of the effect of book scarcity on law libraries and the legal profession in Nigeria addresses the country's law library collections, reasons for book scarcity, local publication of legal literature, reasons why Nigerians publish abroad, and measures already taken and suggested measures to combat book scarcity. (14 references) (MES)

A Study of Counselors' Legal Challenges and Their Perceptions of Their Ability to Respond

Directory of Open Access Journals (Sweden)

MARY A. HERM

2008-08-01

Full Text Available The authors explore the results of a study that assessed the types and frequency of legal issues encountered by counselors and counselors’ perceptions of their ability to respond to these issues. They also assessed whether the participants’ perceptions were related to practice setting, years of experience, completion of a course in ethics, recent completion of continuing education in ethics or legal issues, state licensure status, certification by the National Board of Certified Counselors (NBCC, and highest degree earned. Results demonstrate that counselors feel most prepared to deal with situations encountered most often, but that school counselors do not feel as prepared to face most ethical and legal issues.

Safeguarding patient privacy in electronic healthcare in the USA: the legal view.

Science.gov (United States)

Walsh, Diana; Passerini, Katia; Varshney, Upkar; Fjermestad, Jerry

2008-01-01

The conflict between the sweeping power of technology to access and assemble personal information and the ongoing concern about our privacy and security is ever increasing. While we gradually need higher electronic access to medical information, issues relating to patient privacy and reducing vulnerability to security breaches surmount. In this paper, we take a legal perspective and examine the existing patchwork of laws and obligations governing health information in the USA. The study finds that as Electronic Medical Records (EMRs) increase in scope and dissemination, privacy protections gradually decrease due to the shortcomings in the legal system. The contributions of this paper are (1) an overview of the legal EMR issues in the USA, and (2) the identification of the unresolved legal issues and how these will escalate when health information is transmitted over wireless networks. More specifically, the paper discusses federal and state government regulations such as the Electronic Communications Privacy Act, the Health Insurance Portability and Accountability Act (HIPAA) and judicial intervention. Based on the legal overview, the unresolved challenges are identified and suggestions for future research are included.

The challenges of disaster management in south Asian countries

International Nuclear Information System (INIS)

Qamar-ul-Islam; Anjum, G.A.; Shahzad, M.

2005-01-01

The type of this research work reflects an overview of disasters in South Asian countries. This outlines geographical aspects and institutional structures briefly in each country, and identifies gaps in disaster management regimes. Identified of these gaps is expected to give insights to the media to develop more informal disaster communications in South Asian Countries. Natural disasters have become a severe global problem. Deaths, displacements and damages resulting from natural disasters are colossal. During the 1990s global economic losses from major natural catastrophes averaged more than US $ 40 billion a year. The current Tsunami disaster has broken all previous records particularly in Indonesia, Sri Lanka and India. This paper focuses particularly on sub continental countries in the South Asian countries, how they are managed and mismanaged, and aims to provide condensed resource material on the subject. In such countries issues related to natural disasters are covered under the legal frameworks for environment, land use, water resources and human settlements. The shift from emergency management to disaster preparedness requires coordination between various government building departments and ministries and with other international organization and various community organizations. (author)

Preimplantation genetic diagnosis: an ambiguous legal status for an ambiguous medical and social practice.

Science.gov (United States)

Byk, Christian

2008-09-01

The controversy about to which extend PGD may be applies is particularly interesting because it stresses on a paradoxical point concerning PGD. Although this technique is strictly regulated in most European countries where it is regularly practised, the legal status of PGD may appear to some as unethical because it may be viewed as a facilitator for those who would like to select children for reason other than medical. The need to test human embryos before birth and the consequences that may occur to those detected with some abnormalities also revives the issue of the respect due to the human embryo.

Nuclear power in the OECD countries results and current issues

International Nuclear Information System (INIS)

Jones, C.F.

1989-01-01

The first use of nuclear power for the generation of electricity on a commercial scale occurred in the United Kingdom in 1956. Today, 13 OECD countries have 318 nuclear units in operation and 66 more in construction or on order. This outstanding achievement is the result of the successful organization, start up, and operation of an industry to design, build, equip, fuel, and maintain these facilites. Nuclear power, however, is currently troubled by a number of issues that may impair its ability to reach its full potential. The industry has acknowledged problems that can be and are being managed. But the industry also has a number of political difficulties that could be beyond its ability to resolve with its own resources. These are issues common to the introduction of new technologies into a complex world. Nevertheless, nuclear power continues to be the means by which we can provide the electric power needed to raise the living standard of everyone on the globe

Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

Science.gov (United States)

Speldewinde, Christopher A; Parsons, Ian

2015-01-01

Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

Policy framework and legal forms of social enterprise in Central and Eastern Europe

Directory of Open Access Journals (Sweden)

Staicu Daniela

2017-07-01

Full Text Available In Central and Eastern European countries, the transition to a market economy stimulated civil society initiatives that in the past had been either discouraged or had become part of the Communist state system, and opened new pathways to entrepreneurial initiatives. The 1990s was an open window to the creation of a significant number of non-profit organizations, including the pioneering establishment of the first social enterprises. When these countries became members of the European Union, the process of legal institutionalization of social enterprises started to be discussed and has taken place at various stages. The purpose of this paper is to provide a comprehensive overview of the policy frameworks and the legal forms and of social enterprises in eight countries: Bulgaria, Croatia, the Czech Republic, Hungary, Poland, Romania, Slovakia, and Slovenia. The research seeks to determine the extent to which the development of national policy frameworks influences the development of legal forms under which social enterprises operate. For the purpose of this analysis, data were collected from relevant to this subject country reports, studies, laws released between 2009 and 2016. The research shows that European social enterprises are often ‘hidden’ among existing legal forms either as associations and foundations with commercial activities, cooperatives serving general or collective interests and mainstream enterprises pursuing an explicit and primary social aim. Further research needs to be done to determine the potential for growth of entities operating as associations and foundations with commercial activities. Furthermore, the research concluded that the countries with specific laws on social entrepreneurship generate 61 % of the social economy activity in Central and Eastern European countries. Further research needs to be done to determine if introducing a social enterprise specific legal form, will stimulate the development of the

Should euthanasia be legal? An international survey of neonatal intensive care units staff.

Science.gov (United States)

Cuttini, M; Casotto, V; Kaminski, M; de Beaufort, I; Berbik, I; Hansen, G; Kollée, L; Kucinskas, A; Lenoir, S; Levin, A; Orzalesi, M; Persson, J; Rebagliato, M; Reid, M; Saracci, R

2004-01-01

To present the views of a representative sample of neonatal doctors and nurses in 10 European countries on the moral acceptability of active euthanasia and its legal regulation. A total of 142 neonatal intensive care units were recruited by census (in the Netherlands, Sweden, Hungary, and the Baltic countries) or random sampling (in France, Germany, Italy, Spain, and the United Kingdom); 1391 doctors and 3410 nurses completed an anonymous questionnaire (response rates 89% and 86% respectively). The staff opinion that the law in their country should be changed to allow active euthanasia "more than now". Active euthanasia appeared to be both acceptable and practiced in the Netherlands, France, and to a lesser extent Lithuania, and less acceptable in Sweden, Hungary, Italy, and Spain. More then half (53%) of the doctors in the Netherlands, but only a quarter (24%) in France felt that the law should be changed to allow active euthanasia "more than now". For 40% of French doctors, end of life issues should not be regulated by law. Being male, regular involvement in research, less than six years professional experience, and having ever participated in a decision of active euthanasia were positively associated with an opinion favouring relaxation of legal constraints. Having had children, religiousness, and believing in the absolute value of human life showed a negative association. Nurses were slightly more likely to consider active euthanasia acceptable in selected circumstances, and to feel that the law should be changed to allow it more than now. Opinions of health professionals vary widely between countries, and, even where neonatal euthanasia is already practiced, do not uniformly support its legalisation.

Experimental liver fibrosis research: update on animal models, legal issues and translational aspects

Science.gov (United States)

2013-01-01

Liver fibrosis is defined as excessive extracellular matrix deposition and is based on complex interactions between matrix-producing hepatic stellate cells and an abundance of liver-resident and infiltrating cells. Investigation of these processes requires in vitro and in vivo experimental work in animals. However, the use of animals in translational research will be increasingly challenged, at least in countries of the European Union, because of the adoption of new animal welfare rules in 2013. These rules will create an urgent need for optimized standard operating procedures regarding animal experimentation and improved international communication in the liver fibrosis community. This review gives an update on current animal models, techniques and underlying pathomechanisms with the aim of fostering a critical discussion of the limitations and potential of up-to-date animal experimentation. We discuss potential complications in experimental liver fibrosis and provide examples of how the findings of studies in which these models are used can be translated to human disease and therapy. In this review, we want to motivate the international community to design more standardized animal models which might help to address the legally requested replacement, refinement and reduction of animals in fibrosis research. PMID:24274743

Minimally legally invasive dentistry.

Science.gov (United States)

Lam, R

2014-12-01

One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

Analysing Discursive Practices in Legal Research: How a Single Remark Implies a Paradigm

Directory of Open Access Journals (Sweden)

Paul van den Hoven

2017-12-01

Full Text Available Different linguistic theories of meaning (semantic theories imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and legal experts. Such scholarly analysis reveals a methodical choice on how to discuss meaning and therefore implies positioning oneself towards a semantic theory of meaning, whether the scholar is aware of this or not. Legal practitioners may not be bound to be consistent in their commitment to semantic theories, as their task is to decide legal issues. Legal scholars, however, should be consistent because commitment to a semantic theory implies a distinct position towards important legal theoretical doctrines. In this paper three examples are discussed that require an articulated position of the legal scholar because the discursive practices of legal practitioners show inconsistencies. For each of these examples it can be shown that a scholar’s methodic choice implies commitment to a specific semantic theory, and that adopting such a theory implies a distinct position towards the meaning of the Rule of Law, the separation of powers doctrine and the institutional position of the judge.

“What happens to my Facebook profile when I die?” : Legal Issues Around Transmission of Digital Assets on Death

OpenAIRE

Edwards, Lilian; Harbinja, Edina

2013-01-01

This chapter aims to explore some of the major legal issues pertaining to transmission of digital assets on death. “Digital assets” within this chapter are defined widely and not exclusively to include a huge range of intangible information goods associated with the online or digital world: including social network profiles e.g. on Facebook, Twitter, Google + or Linked In; emails, tweets, databases etc; in-game virtual assets (e.g., as bought, found or built in worlds such as Second Life, Wor...

Euthanasia: Some Legal Considerations

Science.gov (United States)

Koza, Pamela

1976-01-01

Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

Value-orientation of the law vs. legal positivism

Directory of Open Access Journals (Sweden)

Trajković Marko

2014-01-01

Full Text Available The law cannot squeeze out values. Thus, it comes as an imperative of our reality to set the place for the law in the world of values. The world of values is not apart from our reality. In our reality the world of values is the purpose of everything that exists. Actually, it is about the demand to bring values into our reality. The meaning of values is absolute. The eternity of values immediately points to the absolute order of values, which as such has its 'homeland' in Creator. The issue of finding the place of the law in the world of values is a 'pre-legal' issue. Thereby the world of values is becoming the assumption of the existence and development of the law. Legal norm then becomes the formulation of values. Legal norm is not precious in itself, but only if it expresses fundamental values. Legal norm has to be the logical formulation, that is to say, it has to deliver the contents of value correctly and appropriately. As an expression of the value dimension legal norm obtains the binding power. Keeping in mind the legal norm defined in such a way, nobody can deny its necessity in reality. The law then expresses the contents of value and proposes the model of the ideal behavior. The fact that values have 'creating power' is thus proved to be true.

75 FR 49528 - Thomson Reuters Legal, Legal Editorial Operations Cleveland Office Including Workers Whose...

Science.gov (United States)

2010-08-13

... Philippines and India. The amended notice applicable to TA-W-73,370 is hereby issued as follows: ``All workers..., Legal Editorial Operations Cleveland Office Including Workers Whose Unemployment Insurance (UI) Wages... Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of...

Analysing Discursive Practices in Legal Research : How a Single Remark Implies a Paradigm

NARCIS (Netherlands)

van den Hoven, P.J.

2017-01-01

Different linguistic theories of meaning (semantic theories) imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and

Colour revolutions: criminal-legal aspect

Directory of Open Access Journals (Sweden)

Sergey Alekseyevich Gordeychik

2015-03-01

Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

Background issues of oil supply trading in Pacific island countries

International Nuclear Information System (INIS)

1990-01-01

The 1980s has been a decade of considerable change within the petroleum industry resulting in new supply arrangements and continued uncertainty within the island countries about reasonable supply and pricing terms. Formulating an effective response is all the more challenging for small countries which have only recently become independent, which have miniscule public sector organizations responsible for energy policy and which occupy a region where petroleum dominates commercial energy use to a greater extent, well over 90 per cent, than any other part of the world. During the past five years the Energy Resources Section of ESCAP, and staff members of the Energy Program within the East West Center in Honolulu have frequently worked closely with the Pacific Energy Development Programme (PEDP) to advise Pacific island Governments on a wide range of petroleum policy and administration issues, including shipping, overall supply arrangements, contracts for refined products, price control and monitoring, regional co-operation, and storage options. They have also organized a number of formal and informal training activities within the petroleum sector and worked closely with a World Bank team which investigated regional bulk oil purchase in 1986. This report is of interest to readers concerned with options facing small countries, from both national and regional perspectives, for dealing with petroleum policy. Refs, figs and tabs

Legal provisions governing the acknowledgment of test results

International Nuclear Information System (INIS)

Strecker, A.

1982-01-01

The legal provisions governing the acknowledgment of test results are most frequently applied by administrative orders (design and qualification approvals or specimen testing and approval) and are thus claimable and voidable in accordance with general administrative law. The acknowledgment of test certificates requires a legal basis. Test results, however, can be acknowledged also by administrative bodies. Recently, the Federal Government began to delegate more of its legal authority in this field to private institutions, allowing test results to be acknowledged and test certificates to be issued by government controlled private institutions. (orig.) [de

Ethical and legal challenges associated with disaster nursing.

Science.gov (United States)

Aliakbari, Fatemeh; Hammad, Karen; Bahrami, Masoud; Aein, Fereshteh

2015-06-01

In disaster situations, nurses may face new and unfamiliar ethical and legal challenges not common in their everyday practice. The aim of this study was to explore Iranian nurses' experience of disaster response and their perception of the competencies required by nurses in this environment. This article discusses the findings of a descriptive study conducted in Iran in 2012. This research was conducted in Iran in 2012. Participants included 35 nurses who had experience in healthcare delivery following a disaster event in the past 10 years, either in a hospital or out-of-hospital context. This research study was approved by the Ethics Committee of the Isfahan University of Medical Sciences. From this study, five themes emerged as areas that nurses require competence in to work effectively in the disaster setting. This article focusses on one theme, the ethical and legal issues that arise during disaster response. Within the theme of ethical and legal issues, two sub-themes emerged. (1) Professional ethics explores professional responsibility of nurses as well as sense of ethical obligation. (2) Adherence to law refers to nurses' familiarity with and observation of legal requirements. This article adds to a growing pool of literature which explores the role of nurses in disasters. The findings of this study emphasize the need for nurses working in the disaster setting to be aware of professional responsibilities and familiar with legal requirements and the challenges related to observing ethical responsibilities. In highlighting these issues, this article may provide a useful starting point for the development of an educational framework for preparing nurses and other health professionals to work in the disaster setting. © The Author(s) 2014.

Legal and ethical issues of using brain imaging to diagnose pain

Directory of Open Access Journals (Sweden)

Karen D. Davis

2016-10-01

Full Text Available Abstract. Pain, by definition, is a subjective experience, and as such its presence has usually been based on a self-report. However, limitations of self-reports for pain diagnostics, particularly for legal and insurance purposes, has led some to consider a brain-imaging–based objective measure of pain. This review will provide an overview of (1 differences between pain and nociception, (2 intersubject variability in pain perception and the associated brain structures and functional circuits, and (3 capabilities and limitations of current brain-imaging technologies. I then discuss how these factors impact objective proxies of pain. Finally, the ethical, privacy, and legal implications of a brain-imaging–based objective measure of pain are considered as potential future technological developments necessary to create a so-called “painometer test.”

Nuclear Issues in a Non-nuclear Country Media

International Nuclear Information System (INIS)

Latek, S.

2002-01-01

The absence of nuclear power program in a given country does not mean that the nuclear option is not discussed. Greenhouse effect is a global phenomenon, thus each and every factor enabling the reduction of CO 2 emissions has to be examined. Not a single NPP is in operation in Poland and this will be so for the nearest dozen years. But the discussion over political decisions to delay the possible NPP construction beyond 2020 continues. In the country whose electricity in 95% comes from coal, the clean (from the greenhouse effect viewpoint) nuclear power makes an attractive solution for many experts. This paper presents Polish debates on the electricity production environmental impacts, which are followed by the media. Unfortunately, a favorite subject of Polish media is still Chernobyl accident, but presented in an exaggerated and often untrue way. This one-sided fear campaign has been interrupted recently by a publication calling the reports on Chernobyl victims a biggest bluff of XX century. This paper presents some examples of nuclear campaigns in the media, e.g. the issues of depleted uranium ammunition, Temelin NPP commissioning and the transit of fresh nuclear fuel for this facility through Poland, radiation accident in one of Polish hospitals, possible terrorist attacks on nuclear facilities, UNSCEAR report on Chernobyl accident health impacts. It remains to be seen how the hundreds of publications appearing each week will shape public attitudes towards nuclear power in Poland. (author)

Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications.

Science.gov (United States)

Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

2018-01-01

Non-therapeutic body modification interventions are permitted within the limits of the use of one's own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.

Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications

Science.gov (United States)

Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

2018-01-01

Abstract Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. Results In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. Conclusion If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors. PMID:29675481

Ethical, legal and social issues SAJBL

African Journals Online (AJOL)

2015-08-02

Aug 2, 2015 ... In April 2013 the South African Medical Research Council published a request for ... selection process in the country's universities and science councils, a rigorous ... To determine the presence and magnitude of stem cell tourism in ... also takes an in-depth look at the notion of benefit sharing. In order to ...

Between heaven and earth: The legal challenges of human space travel

Science.gov (United States)

Masson-Zwaan, Tanja; Freeland, Steven

2010-06-01

Since the first space object was launched into orbit in 1957, humankind has been engaged in a constant effort to realise ever more ambitious plans for space travel. Probably the single most important element in this ongoing evolution is the development of technology capable of transporting large numbers of passengers into outer space on a commercial basis. Within the foreseeable future, space will no longer be the sole domain of professionally trained astronauts or the exceptionally wealthy. The prospects for both suborbital and orbital private human access to space give rise to some interesting and difficult legal questions. It also opens up an exciting opportunity to develop an adequate system of legal regulation to deal with these activities. The existing international legal regimes covering air and space activities are not well suited to large-scale commercial access to space, largely because they were developed at a time when such activities were not a principal consideration in the mind of the drafters. The lack of legal clarity represents a major challenge and must be addressed as soon as possible, to provide for appropriate standards and further encourage (not discourage) such activities. This article will examine some of the more pressing legal issues associated with the regulation of space transportation of passengers on a commercial basis, seen in the light of Article 1 of the Outer Space Treaty of 1967, which states that the 'exploration and use of outer space […] shall be carried out for the benefit and in the interests of all countries […] and shall be the province of all mankind'. An appropriate balance must be found between the commercial and technological opportunities that will arise and the principles upon which the development of international space law have thus far been based.

Tissue banking in Hungary: legal, ethical and technical frame

International Nuclear Information System (INIS)

Pellet, S.; Ternesi, A.

1999-01-01

Hungary is a small country in the middle of Europe with a population of 10 million. Many religions are represented in the country but the majority of the population is Christian. The Hungarian medical education and practice based on the 'German School' and the modem medicine has been started more than 200 years ago. At the same time some of the medical school have been established first in Nagyszombat and the school for surgery in Kolozsyar, later in Debrecen 80 years ago. Recently we have four medical faculties. From the beginning of implementation of modern medicine many efforts were taken to establish the relevant legal frame and ethical rules to help and make understandable and acceptable for the society of various medical interventions. The previous mentioned structure was before and presently conformed with the political and social structure of the country. The initial of tissue for transplantation in medicine was widely accepted by medical fraternity since the middle of the century. Recently tissue grafts are performed daily is in burn, reconstructive surgery, in bone and nerve surgery, unfortunately we use commercial products in heart surgery. At the initial phase of our tissue banking activity, we first followed the American Association Tissue Banking procedures based on our personal contact with leading US Tissue Bank and the American Association of Tissue Banks. Later after joining the Europe Association of Tissue Bank we played an active role in the establishing of the Europe recommendations related to legal, ethical and technical rules of tissue banking. In this presentation the legal frame and the recent ethical concept for tissue donation as well as the technical possibilities and the donor recreation programme of tissue banks will be introduced to the audience. Also the problems of legal harmonization will be mentioned to which we are facing as an associated country to the European Union

75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

Science.gov (United States)

2010-08-06

... Philippines and India. The amended notice applicable to TA-W-73,370 is hereby issued as follows: All workers..., Legal Editorial Operations, Cleveland Office, Including Workers Whose Unemployment Insurance (UI) Wages... To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as...

The Legal Context of Sexual Harassment in Education.

Science.gov (United States)

Shoop, Robert J.

1998-01-01

Discusses legal aspects of sexual harassment in educational settings: definitions, the central issue of impact on the educational environment, questions about consensual sexual relationships, the concept of welcomeness, rights of the accused, issues of academic freedom, and successful defenses. Overviews relevant legislation, court cases,…

Legal aspects of storing CO2. Update and recommendations

Energy Technology Data Exchange (ETDEWEB)

NONE

2007-06-21

CO2 emissions from energy production and consumption are a major contributor to climate change. Thus, stabilising CO2 concentrations in the atmosphere by reducing these emissions is an increasingly urgent international necessity. Carbon capture and storage (CCS) represents one of the most promising potential solutions to contain emissions resulting from continued use of coal and other fossil fuels. However, challenges such as a lack of legal and regulatory frameworks to guide near-term demonstration projects and long-term technology expansion must be addressed to facilitate the expanded use of CCS. In October 2006, the International Energy Agency (IEA) and the Carbon Sequestration Leadership Forum (CSLF) convened with legal experts,to discuss the range of legal issues associated with expanded use of CCS and to identify ways to facilitate further CCS development and implementation Participants examined gaps and barriers to the deployment of CCS and identified recommendations to guide further development of appropriate legal and regulatory frameworks. This publication provides policymakers with a detailed summary of the main legal issues surrounding the CCS debate, including up-to-date background information, case studies and conclusions on the best legal and regulatory approaches to advance CCS. These strategies can be used to enable further development, deployment and demonstration of CCS technology, potentially an essential element in global efforts to mitigate climate change.

The challenge of a ban on animal testing for the development of a regulated legal market for new psychoactive substances (NPS) ('legal highs') in New Zealand: Issues and options for resolution.

Science.gov (United States)

Rychert, Marta; Wilkins, Chris

2015-12-01

In mid-July 2013, New Zealand passed the Psychoactive Substances Act (PSA), which allowed 'low risk' psychoactive products ('legal highs') to be approved for legal sale. In early May 2014, following public protest, the Psychoactive Substances Amendment Act (PSAA) was passed banning animal testing of psychoactive products, potentially making the new regime unworkable. To investigate strategies to overcome the impasse created by the animal testing ban. Solutions to the impasse were investigated using 'scenario' and 'stakeholder' analysis. Legislation, parliamentary debates, and regulatory statements related to the PSA and animal testing were reviewed. Strategies to resolve the impasse were discussed with stakeholders including the Psychoactive Substances Regulatory Authority (PSRA) officials, health officials, a legal high industry lawyer, and a leading legal highs manufacturer. This process generated six possible scenarios and five decision-making criteria of key importance to major stakeholders. Scenarios were then evaluated based on feedback from the industry and regulators. The six scenarios were: (1) pragmatic modification of the animal testing ban; (2) waiting until new non-animal test models are internationally accepted; (3) use of non-validated replacement test methods; (4) judicial challenge of the animal testing ban; (5) 'creative compliance' by only presenting human clinical trial results; and (6) philosophical re-conceptualisation of the 'benefits' from psychoactive products. Options 1 and 5 appear to be the most attractive overall solutions. However, both rely on a new political consensus and astute framing of the issues by political communicators. Political decision makers may be happy to accept Scenario 2 which would impose significant delays. A 'failed' pharmaceutical product with psychoactive effects may have the test data required to be approved under Scenarios 1 and 5. Ultimately, the pleasurable benefits from psychoactive products may need to be

Legal Considerations for International Collaborative Research Contract

International Nuclear Information System (INIS)

Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.

2007-01-01

Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section

Legal assessment of current situation on orphan patients in Lithuania.

Science.gov (United States)

Spokiene, Indre

2008-01-01

After Lithuania joined the European Union, the Regulation (EC) No. 141/2000 on orphan medicinal products and Commission Regulation (EC) No. 847/2000 came into force as part of national legislation. Member States must adopt specific measures to increase knowledge on rare diseases and to improve their detection, diagnosis, and treatment. The aim of this article was to present and to assess the current legal situation on orphan patients and their treatment in Lithuania, to identify legislation gaps, and to propose some ideas how to facilitate the solution of the existing problems in this field. For this purpose, European Union and Lithuanian legal documents on rare medicinal products are examined using a comparative method. With reference to inventory of Member States' incentives for rare diseases in national level, the most important issues, which orphan patients face to in Lithuania, are singled out. In Lithuania, the situation of orphan patients in terms of protection of patient rights is insufficiently determined. The access to effective health care services or approved therapies in some cases is restricted. Working relationships between genetic services and various clinical specialists as well as with those in primary care are not legally determined; the number of clinical trials aimed at orphan medicinal products is low. These results suggest a need for awareness raising among Lithuanian Government, health care specialists, patient organizations about the importance to improve practical implementation of European Union legislation and progressive experience of some European countries in this field.

Massively parallel sequencing and the emergence of forensic genomics: Defining the policy and legal issues for law enforcement.

Science.gov (United States)

Scudder, Nathan; McNevin, Dennis; Kelty, Sally F; Walsh, Simon J; Robertson, James

2018-03-01

Use of DNA in forensic science will be significantly influenced by new technology in coming years. Massively parallel sequencing and forensic genomics will hasten the broadening of forensic DNA analysis beyond short tandem repeats for identity towards a wider array of genetic markers, in applications as diverse as predictive phenotyping, ancestry assignment, and full mitochondrial genome analysis. With these new applications come a range of legal and policy implications, as forensic science touches on areas as diverse as 'big data', privacy and protected health information. Although these applications have the potential to make a more immediate and decisive forensic intelligence contribution to criminal investigations, they raise policy issues that will require detailed consideration if this potential is to be realised. The purpose of this paper is to identify the scope of the issues that will confront forensic and user communities. Copyright © 2017 The Chartered Society of Forensic Sciences. All rights reserved.

Growing families in a shrinking world: legal and ethical challenges in cross-border surrogacy.

Science.gov (United States)

Crockin, Susan L

2013-12-01

Crossing national borders to have children is a rapidly growing phenomenon, fuelled by restrictions on access and technologies in some countries and for some patients, by high costs in others, and all generating a burgeoning multibillion dollar international industry. Cross-border gestational surrogacy is one form of family building that challenges legal, policy and ethical norms between countries and puts both intended parents and gestational surrogates at risk, and can leave the offspring of these arrangements vulnerable in a variety of ways, including parent-child, immigration and citizenship status. The widely varying political, religious and legal views amongst countries make line drawing and rule making challenging. This article reviews recent court decisions about and explores the legal dimensions of cross-border surrogacy. Copyright © 2013 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.

Evidence Supporting Broader Access To Safe Legal Abortion

OpenAIRE

Faundes; Anibal; Shah; Iqbal H.

2016-01-01

Unsafe abortion continues to be a major cause of maternal death; it accounts for 14.5% of all maternal deaths globally and almost all of these deaths occur in countries with restrictive abortion laws. A strong body of accumulated evidence shows that the simple means to drastically reduce unsafe abortion-related maternal deaths and morbidity is to make abortion legal and institutional termination of pregnancy broadly accessible. Despite this evidence, abortion is denied even when the legal con...

AÇÕES DE SAÚDE CONTRA O PODER PÚBLICO: ENSAIO DE UM ROTEIRO DECISÓRIO / LEGAL HEALTH ISSUES FILED AGAINST THE GOVERNMENT: ESSAY OF A DECISION GUIDE

Directory of Open Access Journals (Sweden)

Francisco Glauber Pessoa Alves

2017-02-01

Full Text Available This article seeks to establish minimum standards of coping with legal health issues filed against the government in Brazilian law. For this purpose, we used improved information sources, based on the so called Medical Evidence, in order to provide more technical and specific decisions. There are gaps in the jurisprudential and doctrinal sources on the subject. Sensitive and traumatic issues are considered, in the aspect of the so-called “tragic choices”. We bring a point of view that uses researches and medical information, beyond the legal issue. The bases used were the high jurisprudence and the National Council of Justice. It is also argued that the judge consider the macro aspect, especially the legitimate choices of public policy legitimately made by the administrator. There was use of the analytical-discursive method. At the end, it presents a decision-making guide able to provide solutions to daily cases in forensic routine.

Migration in OECD countries: Labour Market Impact and Integration Issues. OECD Economics Department Working Papers, No. 562

Science.gov (United States)

Jean, Sebastien; Causa, Orsetta; Jimenez, Miguel; Wanner, Isabelle

2007-01-01

Immigration pressures are increasing in most OECD countries. This paper investigates the consequences of immigration for natives' labour market outcomes, as well as issues linked to immigrants' integration in the host country labour market. Changes in the share of immigrants in the labour force may have a distributive impact on natives' wages, and…

Brain imaging tests for chronic pain: medical, legal and ethical issues and recommendations.

Science.gov (United States)

Davis, Karen D; Flor, Herta; Greely, Henry T; Iannetti, Gian Domenico; Mackey, Sean; Ploner, Markus; Pustilnik, Amanda; Tracey, Irene; Treede, Rolf-Detlef; Wager, Tor D

2017-10-01

Chronic pain is the greatest source of disability globally and claims related to chronic pain feature in many insurance and medico-legal cases. Brain imaging (for example, functional MRI, PET, EEG and magnetoencephalography) is widely considered to have potential for diagnosis, prognostication, and prediction of treatment outcome in patients with chronic pain. In this Consensus Statement, a presidential task force of the International Association for the Study of Pain examines the capabilities of brain imaging in the diagnosis of chronic pain, and the ethical and legal implications of its use in this way. The task force emphasizes that the use of brain imaging in this context is in a discovery phase, but has the potential to increase our understanding of the neural underpinnings of chronic pain, inform the development of therapeutic agents, and predict treatment outcomes for use in personalized pain management. The task force proposes standards of evidence that must be satisfied before any brain imaging measure can be considered suitable for clinical or legal purposes. The admissibility of such evidence in legal cases also strongly depends on laws that vary between jurisdictions. For these reasons, the task force concludes that the use of brain imaging findings to support or dispute a claim of chronic pain - effectively as a pain lie detector - is not warranted, but that imaging should be used to further our understanding of the mechanisms underlying pain.

Donor issues in Indonesia: A developing country in South East Asia.

Science.gov (United States)

Soedarmono, Yuyun S M

2010-01-01

In most developing countries in South East Asia blood services have not been treated properly as an important service to support health program. Indonesia as a large archipelago country in South East Asia has specific obstacles in managing a blood service. To position the country blood service profile especially in term of donor issues, we compared our blood service with that in other South East Asia countries. Indonesia has 17 thousand islands with 220 million inhabitants. Blood services have been mostly run by the Indonesian Red Cross as a government assignment since 1950. Donor recruitment programs have been directed toward 100% of Voluntary Non Remunerated Blood Donor (VNRD), which now have reached 81.3%. Dissemination of information on VNRD, donor recruiter's training and VNRD appreciation programs are strategies to increase and maintain the VNRD. Limited female donors and insufficient blood supply during the fasting month and holidays constitute major challenges. Low hemoglobin level, low body weight and fear are reasons for low number of female donors. Poor management of blood stock during fasting month, long holidays and also poor networking of blood supply are reasons for insufficient blood supply during the year. Considering the great size of Indonesia with different ethnic groups and cultures, worsened by lack of infrastructure, decisive and effective strategies in donor recruitment and retention programs are needed. Copyright 2010 The International Association for Biologicals. Published by Elsevier Ltd. All rights reserved.

Preliminary analysis of odor legal solutions and study on their implementation possibilities in Poland

Science.gov (United States)

Sówka, Izabela; Karski, Leszek

2018-01-01

The problem of odor nuisance requires undertaking legal means that aim towards implementation of regulations in order to improve the odor-related quality of air in selected areas in Poland. So far the works carried out in the country were concluded by drawing up `The guidelines for the bill on counteracting the odor nuisance'. However, as a result of completed social consultations in Poland, the Ministry of Environment, in 2015, resigned from implementing of so called anti-odor act. Currently, the legislature is taking steps which aim at undertaking specific actions in order to introduce solutions, which would directly regulate the issues of odors and the odor nuisance, to the national system. In the countries of the European Union, the issues related to odors are solved in diversified ways and the system still lacks of a uniform proposition, among others related to odor standards. In connection with the above, actions that are taken on a national level should fundamentally aim at developing national odor standards which would take into account the type / the kind of economic activity being a source of odor emission (e.g. clearly separated for existing objects and planned investments), at establishing a procedure and also legal and operational requirements related to determination and the types of zones with defined values of acceptable concentration and determination of reference methodology in monitoring, and modeling the dispersion of odors e.g. including strictly defined frequency of necessary tests. In addition, the process should be accompanied by a creation of financial mechanisms and streams in range of investments related to the development of technology and methods used to limit emission of odors.

Disciplinary and Legal Actions Against Dermatologists in Canada.

Science.gov (United States)

Nasseri, Eiman

2016-01-01

Dermatologists face a litany of professional and legal risks in practice. To review cases of disciplinary and legal action against dermatologists in Canada. The Canadian Medical Protective Association, all 10 provincial medical colleges, and the Canadian Legal Information Institute were contacted to obtain data on legal or disciplinary action taken against dermatologists in their records. A literature review was performed regarding litigation against dermatologists in other countries. Six dermatologists in Canada faced disciplinary action in the last 5 to 30 years. Seven dermatologists and 5 other specialists in Canada faced lawsuits relating to dermatology in the last 1 to 144 years. Procedures and therapy are the most frequently sources of lawsuits against dermatologists both at home and abroad. Dermatologists need to remain vigilant to avoid disciplinary action and lawsuits from their increasing and varied interactions with patients. © The Author(s) 2015.

Legalization of drugs of abuse and the pediatrician.

Science.gov (United States)

Schwartz, R H

1991-10-01

Growing numbers of individuals are proposing that drugs be legalized in the United States, with claims that federal, state, and local efforts to prohibit the use of illicit drugs are irrational and unenforceable. "Drug reform" advocates include persons of all political persuasions. Ironically, the call for drug reform comes at a time when trends in drug abuse, as reflected in national and state surveys, show a promising decline. It also is contradictory to at least one recent public opinion poll, in which respondents opposed the legalization of marijuana by a five-to-one margin. While their position is by no means unanimous, proponents of drug reform generally base their arguments on several key premises, such as elimination of or reductions in drug trafficking, enforcement, and interdiction expenditures; increased tax revenues from the legal sale of drugs; and reductions in health-care expenses associated with drug treatment. Reform advocates further claim that legalization would not be followed by an increase in drug use. The validity of each of these arguments is highly questionable. Legalization is a simplistic, short-sighted solution to a complex issue with public health, economic, criminal justice, and societal ramifications. Legalization would, moreover, abrogate the position taken in 1961 by the United States and 114 other nations in ratifying the United Nations Single Convention on Narcotic Drugs. The impact of drug reform merits an unbiased study by an independent agency. Until that time, pediatricians should inform themselves of the arguments for and against drug reform and be prepared to educate patients and their families about the issue.

Legal disputes as a proxy for regional conflicts over water rights in Chile

Science.gov (United States)

Rivera, Diego; Godoy-Faúndez, Alex; Lillo, Mario; Alvez, Amaya; Delgado, Verónica; Gonzalo-Martín, Consuelo; Menasalvas, Ernestina; Costumero, Roberto; García-Pedrero, Ángel

2016-04-01

Water demand and climate variability increases competition and tension between water users -agricultural, industrial, mining, hydropower- and local communities. Since 1981, the Water Code has regulated water allocation through private individual property rights, fostering markets as the distribution mechanism among users. When legal conflicts occur between parties, it is the responsibility of the courts to settle the conflict. The aim of this research is twofold: first, to apply a geographical approach by mapping water conflicts using legal disputes reaching the higher courts as a proxy for conflict intensity and second, to explain the diversity of water disputes and how they vary regionally. We built a representative database with a sample of 1000 legal records corresponding to decisions issued by the Supreme Court and 17 courts of appeal throughout the country from 1981 to 2014. For geo-tagging, all records were transformed to plain text and analyzed to find words matching the entries of a geographical thesaurus, allowing records to be linked to geographical locations. The geo-tagging algorithm is capable of automatically populating a searchable database. Several maps were constructed using a color scale to visualize conflict intensity. Legal disputes represent different types of conflicts among water users, such as competition between agriculture and hydropower. Processed data allowed the identification of the regional variation of conflicts. The spatial pattern for the intensity of conflicts related to specific sections of the Water Code is explained in terms of the main geographical, climatic and productive characteristics of Chile. Geo-tagging legal records shows a strong potential to understand and define regional variation of water conflicts. However, data availability would become a barrier if measures to improve data management were not taken. Regarding the institutional framework, the same regulations for water management rules are applied throughout the

Atypical real estate objects: legal regime and control system

Directory of Open Access Journals (Sweden)

Voskresenskaya Elena

2017-01-01

Full Text Available The legal concept of immovable things raises controversy in legal practice. Determining and understanding the definition of real estate, the complexity and diversity of these objects, a growing appearance of so-called atypical properties (such as sport stadiums, roads, boreholes, analyzing legislation and judicial practice of this field – all these issues call for a deep study of this topic. There is a conflicting arbitration practice, the subject of which is the learning of the legal nature of atypical real estate (for instance, asphalt playgrounds, car parks, fences, wells. The object of the research is the learning of the legal status of atypical real estate.

Cultural Integration and Cross–Cultural Management Challenges in the Central European Countries:Lithuania and Poland

OpenAIRE

GREBLIKAITĖ, JOLITA; SROKA, WŁODZIMIERZ; DAUGĖLIENĖ, RASA; KUROWSKA–PYSZ, JOANNA

2017-01-01

The article focused on disclosing the situation of cultural integration in Lithuania and Poland leading to the different issues of cross–cultural management in labour market and companies activity. As the main research method, a critical analysis of scientific literature on cultural integration and cross–cultural management applied in the companies as well as secondary research data and legal documents are analysed focusing on both countries – Lithuania and Poland. Practical examples' analysi...

Chinese legal texts – Quantitative Description

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Ľuboš GAJDOŠ

2017-06-01

Full Text Available The aim of the paper is to provide a quantitative description of legal Chinese. This study adopts the approach of corpus-based analyses and it shows basic statistical parameters of legal texts in Chinese, namely the length of a sentence, the proportion of part of speech etc. The research is conducted on the Chinese monolingual corpus Hanku. The paper also discusses the issues of statistical data processing from various corpora, e.g. the tokenisation and part of speech tagging and their relevance to study of registers variation.

Legal Frontiers in the Global Dissemination of Technology and Knowledge: Three Case Studies

DEFF Research Database (Denmark)

Tang, Yi Shin

2008-01-01

This article explores a few alternatives to the traditional legal and economic theories regarding the problem of global dissemination of knowledge and technology to developing countries. In particular, it examines three cases in which the classical notion of intellectual property rights seems...... to have been exploited in favor of developing countries, both through its conventional application and through more flexible views of such legal institution. The first case deals with the phenomenon of peer production through electronic networks; the second discusses the regulation of trademarks...... in the context of collective rights; and finally, the third case tackles the recent problem of the so-called "abandonwares" and its implications of economic and legal nature....

Citizen Access to Legal Information.

Science.gov (United States)

Andrus, Kay L.

1987-01-01

Describes activities by the American Bar Association and other groups aimed at educating the public about their legal rights and responsibilities, including informational pamphlets and brochures issued by state bar associations. These public service information pamphlets are listed by state and the address of each state's bar association is…

5½ Problems with Legal Positivism and Tax Law

OpenAIRE

Bogenschneider, Bret

2017-01-01

This essay is a reply to the famous paper by John Gardner: Legal Positivism: 5½ Myths and the more recent paper by John Prebble: Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules. The reply is developed from the perspective of tax law where the respective issues are of major significance. The “5½ problems” correspond to Gardner’s arguments and are as follows: (#1) Legal Positivism centers on determining whether a tax law is “legally valid” based on its sou...

Nuclear plants near borders: environmental, legal, economic and political aspects

International Nuclear Information System (INIS)

Carle, R.

1990-01-01

Over the last few years, the legal framework of the development of nuclear energy within Europe has focussed on the special problems posed by nuclear plants located near national boundaries. The problems which may be caused by such plants must clearly be handled in the same way as for any other installations and the governments concerned need to define mutually acceptable conditions. Joint committees have already been formed between some countries, most notably to deal with nuclear plant safety issues. Special agreements have been reached covering the use of river water, public information and mutual assistance in case of accident. The key to the whole process is a progressive standardization of regulations concerning the environment, safety, radiological protection, non-proliferation, public information and emergency plans in case of accidents. (UK)

The legacy of legal culture and Serbia's European integration

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Kovačević Slaviša

2014-01-01

Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

Barriers and Opportunities in Consent and Access Procedures in Low- and Middle-Income Country Biobanks: Meeting Notes from the BCNet Training and General Assembly.

Science.gov (United States)

Zawati, Ma'n H; Tassé, Anne Marie; Mendy, Maimuna; Caboux, Elodie; Lang, Michael

2018-04-18

As biobanking research in low- and middle-income countries (LMICs) continues to grow, novel legal and policy considerations have arisen. Also, while an expansive literature has developed around these issues, the views and concerns of individual researchers in these contexts have been less actively studied. These meeting notes aim to contribute to the growing literature on biobanking in LMICs by communicating a number of challenges and opportunities identified by biobank researchers themselves. Specifically, we describe concerns that emerge in consent and access policy domains. First, we present a review of the literature on distinct policy and legal concerns faced in LMICs, giving special attention to the general absence of practitioner perspectives. From there, we outline and discuss considerations that were raised by meeting participants at a Biobank and Cohort Building Network (BCNet) Ethical, Legal, and Social Issues training program. We conclude by proposing that the unique perspectives of biobank researchers in LMICs should be given serious attention and further research on these perspectives should be conducted.

The Imposition of the Death Penalty on Mexican Nationals in the United States and the Cultural, Legal and Political Context

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James Michael Olivero

2013-03-01

Full Text Available This paper reviews death penalty perspectives from the United States, Mexico and international law. The United States practices the death penalty on not only its citizens, but those of other nations who commit capital crimes. Mexico is a death penalty abolitionist state that takes significant issue with the United States over executing Mexican nationals. The paper analyzes the cultural, legal and political conflict between the two countries surrounding the application of the death penalty on Mexican nationals.

The issue of surrogacy in Czech law.

Science.gov (United States)

Lojková, Jana

2012-03-01

Surrogacy is thought to be one of the most controversial methods of assisted reproduction. It involves cases where a commissioning couple asks a surrogate mother to give birth to a child that will be conceived from their egg and sperm because the woman from the commissioning couple is not able to bear the child to full term herself. They conclude an agreement where the surrogate mother binds herself to terminate all her parental rights to the child immediately after the child's birth and to delegate them together with the child to the commissioning couple. Ethical dilemmas concerning the issue of surrogacy together with all the possibilities of today's globalised world that enable infertile couples to find surrogate mothers abroad in case the legal regulations of their country put a ban on it create a space for a legislator to try to find a solution that will avoid all the risks and highlight a number of positives on the other hand. A Czech legislator is currently trying to find this solution and even though there are few children demonstrably born to surrogate mothers in the Czech Republic, the whole process of surrogacy still proceeds in a legal vacuum at the moment. We can only find the legal definition of a mother of a child as a woman that gives him or her birth and a provision of law that makes all the legal acts that evade the law void. Some practical consequences of this situation will be described in the text together with possibilities and the inspiration that comes from foreign legal regulations and cases.

The legal process of environmental evaluation and examination in North America and in the European Union

International Nuclear Information System (INIS)

Delpiano, V.

1999-01-01

The most important goal of the Environmental Law is to maximize the prevention approach. As so far, a scheme has been initiated since a few years to reach this objective: a legal environmental process with a lot of mechanisms whose the objective is to estimate the environmental impact of a project in order to control it. This legal environmental process including for example the Environmental Impact Assessment is more and more integrated in the environmental policies of the industrialized countries. It began in North America, first in the U.S.A. but also in Canada. A few years after, the countries of the Western Europe, particularly the European Unions, have introduced a similar legal process taking into account the specificities of these European countries. So if the goals of this legal environmental preventive approach are similar in North America and in Western Europe, the implementation is often different according to the legal, economic but also sociological structures of these two major regions. This Phd Thesis try to study the two major impacts of this legal evaluating process: it is implemented by the public authorities to reach with a best result a Sustainable Development. But also, it tries to combine the protection of the Environment and the utilisation of legal, economic and financial mechanisms of the Market to obtain a fair trade competition. (authors)

45 CFR 211.4 - Notification to legal guardian, spouse, next of kin, or interested persons.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 2 2010-10-01 2010-10-01 false Notification to legal guardian, spouse, next of..., RETURNED FROM FOREIGN COUNTRIES § 211.4 Notification to legal guardian, spouse, next of kin, or interested... (or in advance thereof, if possible), provide for notification of his legal guardian, or in the...

Interprofessional Medical-Legal Education of Medical Students: Assessing the Benefits for Addressing Social Determinants of Health.

Science.gov (United States)

Pettignano, Robert; Bliss, Lisa; McLaren, Susan; Caley, Sylvia

2017-09-01

Screening tools exist to help identify patient issues related to social determinants of health (SDH), but solutions to many of these problems remain elusive to health care providers as they require legal solutions. Interprofessional medical-legal education is essential to optimizing health care delivery. In 2011, the authors implemented a four-session didactic interprofessional curriculum on medical-legal practice for third-year medical students at Morehouse School of Medicine. This program, also attended by law students, focused on interprofessional collaboration to address client/patient SDH issues and health-harming legal needs. In 2011-2014, the medical students participated in pre- and postintervention surveys designed to determine their awareness of SDH's impact on health as well as their attitudes toward screening for SDH issues and incorporating resources, including a legal resource, to address them. Mean ratings were compared between pre- and postintervention respondent cohorts using independent-sample t tests. Of the 222 medical students who participated in the program, 102 (46%) completed the preintervention survey and 100 (45%) completed the postintervention survey. Postintervention survey results indicated that students self-reported an increased likelihood to screen patients for SDH issues and an increased likelihood to refer patients to a legal resource (P education into undergraduate medical education may result in an increased likelihood to screen patients for SDH and to refer patients with legal needs to a legal resource. In the future, an additional evaluation to assess the curriculum's long-term impact will be administered prior to graduation.

California Western Law School's First-Year Course in Legal Skills.

Science.gov (United States)

Gross, Peter W.

1980-01-01

Design and content of a legal writing program are outlined: premises on which the curriculum is based, program overview, first semester skill elements, law office memorandum preparation, appellate advocacy, grading, legal skills notebook, student instructors. Available from Union University, 80 Scotland Ave., Albany, NY 12208; $2.50, entire issue.…

Regulating Cannabis Social Clubs: A comparative analysis of legal and self-regulatory practices in Spain, Belgium and Uruguay.

Science.gov (United States)

Decorte, Tom; Pardal, Mafalda; Queirolo, Rosario; Boidi, Maria Fernanda; Sánchez Avilés, Constanza; Parés Franquero, Òscar

2017-05-01

Cannabis Social Clubs (CSCs) are a model of non-profit production and distribution of cannabis among a closed circuit of adult cannabis users. CSCs are now operating in several countries around the world, albeit under very different legal regimes and in different socio-political contexts. In this paper we describe and compare the legal framework and the self-regulatory practices of Cannabis Social Clubs in three countries (Spain, Belgium, and Uruguay). The objective of our comparative analysis is to investigate how CSCs operate in each of these countries. To foster discussions about how one might regulate CSCs to promote public health objectives, we conclude this paper with a discussion on the balance between adequate governmental control and self-regulatory competences of CSCs. The data used for this analysis stem from independently conducted local studies by the authors in their countries. Although the particular designs of the studies differ, the data in all three countries was collected through similar data collection methods: analysis of (legal and other documents), field visits to the clubs, interviews with staff members, media content analysis. We identified a number of similarities and differences among the CSCs' practices in the three countries. Formal registration as non-profit association seems to be a common standard among CSCs. We found nevertheless great variation in terms of the size of these organisations. Generally, only adult nationals and/or residents are able to join the CSCs, upon the payment of a membership fee. While production seems to be guided by consumption estimates of the members (Spain and Belgium) or by the legal framework (Uruguay), the thresholds applied by the clubs vary significantly across countries. Quality control practices remain an issue in the three settings studied here. The CSCs have developed different arrangements with regards to the distribution of cannabis to their members. By uncovering the current practices of CSCs

Indonesian legal framework to support innovation sustainability

Science.gov (United States)

Pratama, Bambang

2018-03-01

The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

Law and Popular Culture: Current Legal Issues Volume 7 edited by Michael Freeman

OpenAIRE

Bradney, Professor Anthony

2006-01-01

As Fiss has put it, academics are in law schools, ‘to study law and teach their students what they happen to discover’ (‘‘Of Law and the River,’ and Nihilism and Academic Freedom’ (1985) 35 Journal of Legal Education 1 at p 26). The idea that all questions about legal phenomena that can be asked should be asked, that nothing should remain unexplored, is slowly being accepted in modern university law schools. Institutions that were once the repositories of ephemeral case-notes and palimpsest t...

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

International Nuclear Information System (INIS)

Zimmermann, B.

1992-01-01

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

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Eugene Stepanovich Shevlakov

2015-09-01

Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.

Forest carbon trading : legal, policy, ecological and aboriginal issues

International Nuclear Information System (INIS)

Elgie, S.

2005-01-01

Canada's forest ecosystems store 88 billion tonnes of carbon, with trees alone storing 13 billion tonnes, twice the global annual carbon emissions. Carbon trading could affect forest management. Certain types of forest carbon project will offer cost-effective carbon sequestration options. This paper addresses current concerns about forest carbon trading such as phony carbon gains, biodiversity impact and increased fossil fuel emissions. Statistics were presented with information on global carbon stocks. The Kyoto Protocol requires that Canada must count all changes in forest carbon stocks resulting from afforestation, reforestation or deforestation, and that Canada has the option of counting carbon stock changes from forest management. The decision must be made by 2006, and considerations are whether to present projected net source or sink, or whether to count current commercially managed areas or all timber productive areas. An outline of federal constitutional authority power regarding Kyoto was presented, including limits and risks of trade and treaty powers. The economics of forest carbon were outlined with reference to increasing forest carbon storage. A two-pronged approach was advised, with avoided logging and plantation and intensive management securing carbon and timber benefits. Examples of pre-Kyoto pilots were presented, including the SaskPower project, the Little Red River Cree project and the Labrador Innu project. The disadvantages of offset trading were presented. It was concluded that forest carbon markets are part of a larger vision for sustainable development in Canada's north, especially for aboriginal peoples, and may indicate a growing market for ecological services. Constitutional limits to federal power to regulate carbon trading are not insurmountable, but require care. Ownerships of forest carbon rights raises important policy and legal issues, including aboriginal right, efficiency and equity. An estimated cost of forest carbon projects

The EPOS Legal and Governance Framework : tailoring the infrastructure to fit the needs of the EPOS services

Science.gov (United States)

Kohler, Elisabeth; Pedersen, Helle; Kontkanen, Pirjo; Korja, Annakaisa; Lauterjung, Jörn; Haslinger, Florian; Sangianantoni, Agata; Bartolini, Alessandro; Consortium, Epos

2016-04-01

One of the most important issues regarding a pan-European distributed large scale research infrastructure is the setting up of its legal and governance structure as this will shape the very operation of the undertaking, i.e. the decision-making process, the allocation of tasks and resources as well as the relationship between the different bodies. Ensuring long-term operational services requires a robust, coherent and transparent legal and governance framework across all of the EPOS TCS (Thematic Core Services) and ICS (Integrated Core Services) that is well aligned to the EPOS global architecture. The chosen model for the EPOS legal entity is the ERIC (European Research Infrastructure Consortium). While the statutory seat of EPOS-ERIC will be in Rome, Italy, most of the services will be hosted in other countries. Specific agreements between EPOS-ERIC and the legal bodies hosting EPOS services will be implemented to allow proper coordination of activities. The objective is to avoid multiple agreements and, where possible, to standardize them in order to reach a harmonized situation across all services. For the governance careful attention will be paid to the decision-making process, the type of decisions and the voting rights, the definition of responsibilities, rights and duties, the reporting mechanisms, as well as other issues like who within a TCS represents the service to the 'outside' world or who advices the TCS on which subjects. Data policy is another crucial issue as EPOS aims to provide interdisciplinary services to researchers interested in geoscience, including access to data, metadata, data products, software and IT tools. EPOS also provides access to computational resources for visualization and processing. Beyond the general principles of Open Access and Open Source the following questions have to be addressed: scope and nature of data that will be accepted; intellectual property rights in data and terms under which data will be shared; openness and

Structural and Functional Model of Future Craftsmen Legal Competence Generation during Professional Education

Science.gov (United States)

Romantsev, Gennadij M.; Efanov, Andrei V.; Bychkova, Ekaterina Yu.; Moiseev, Andrei V.

2016-01-01

Formation of the law-governed state institutions in Russia, development of civil society, need for neutralizing the legal nihilism and generation of public legal culture, state demand for legally competent specialists, representing the public and social value, justify the relevancy of the investigated issue, on the one hand. On the other hand, it…

Documentary Letters of Credit, Legal Nature and Sources of Law

Directory of Open Access Journals (Sweden)

Alavi Hamed

2016-06-01

Full Text Available There is no doubt about risky nature of international trade. Such risk can be conceptualized as country risk, transportation risk, customer risk and etc. Documentary Letters of Credit (LC are used as a method of payment in international business for many centuries in order to reduce risk of trade specially when parties are located in different countries and do not have precise information from financial standing of each other. In such occasion LC will reduce the risk of trade by shifting payment obligation from buyer as an individual to a payment guarantee of a bank as a legal entity in return for presentation of complying documents with terms of credit by seller. Familiarity with legal nature and different legal frameworks which govern the international operation of documentary letters of credit can facilitate the process of international trade for businessmen and boost national economies. However, lack of knowledge about them can impose huge losses on international traders. Situation will be more complicated when we understand that there are many internationally recognized legal frameworks which can affect the operation of LC and they get frequently updated in order to address technological and economic developments in global market. In this paper, author tries to answer questions regarding (i what are international legal frameworks governing operation of documentary letters of credit? (ii which areas of LC operation has been covered by them and (iii how do they address the legal questions regarding international operation of documentary letters of credit?

Legal process, litigation, and judicial decisions.

Science.gov (United States)

Beresford, H Richard

2013-01-01

Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

Gastroenterology in developing countries: Issues and advances

Science.gov (United States)

Mandeville, Kate L; Krabshuis, Justus; Ladep, Nimzing Gwamzhi; Mulder, Chris JJ; Quigley, Eamonn MM; Khan, Shahid A

2009-01-01

Developing countries shoulder a considerable burden of gastroenterological disease. Infectious diseases in particular cause enormous morbidity and mortality. Diseases which afflict both western and developing countries are often seen in more florid forms in poorer countries. Innovative techniques continuously improve and update gastroenterological practice. However, advances in diagnosis and treatment which are commonplace in the West, have yet to reach many developing countries. Clinical guidelines, based on these advances and collated in resource-rich environments, lose their relevance outside these settings. In this two-part review, we first highlight the global burden of gastroenterological disease in three major areas: diarrhoeal diseases, hepatitis B, and Helicobacter pylori. Recent progress in their management is explored, with consideration of future solutions. The second part of the review focuses on the delivery of clinical services in developing countries. Inadequate numbers of healthcare workers hamper efforts to combat gastroenterological disease. Reasons for this shortage are examined, along with possibilities for increased specialist training. Endoscopy services, the mainstay of gastroenterology in the West, are in their infancy in many developing countries. The challenges faced by those setting up a service are illustrated by the example of a Nigerian endoscopy unit. Finally, we highlight the limited scope of many clinical guidelines produced in western countries. Guidelines which take account of resource limitations in the form of “cascades” are advocated in order to make these guidelines truly global. Recognition of the different working conditions facing practitioners worldwide is an important step towards narrowing the gap between gastroenterology in rich and poor countries. PMID:19533805

Criminal-legal prohibitions in the soviet juridical discourse

Directory of Open Access Journals (Sweden)

Andrey V. Skorobogatov

2014-01-01

Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.

Marijuana Legalization: Impact on Physicians and Public Health.

Science.gov (United States)

Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

2016-01-01

Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

Assistive Technology for Students with Disabilities: A Legal Analysis of Issues

Science.gov (United States)

Etscheidt, Susan Larson

2016-01-01

Individualized Education Program (IEP) teams are required by the Individuals with Disabilities Education Act (IDEA) to consider a student's need for assistive technology (AT). Despite this legal requirement, AT supports are often not available to students with disabilities. Many students with disabilities and their families have addressed the…

HIV/AIDS and mental illness: ethical and medico-legal issues for ...

African Journals Online (AJOL)

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Keywords: HIV/AIDS, Mental health, Ethical, Medico - legal. S Afr Psychiatry Rev 2003 ... Implementation of the Mental Health Care Act of 2002will entail a shift in attitudes .... (Act 17 of 2002). 13 Gauteng Health Department; Environmental and Occupational. Health and Safety Directorate: Memorandum: 7 April 2000. Guide-.

Legal frameworks for emissions trading in the European Union

Energy Technology Data Exchange (ETDEWEB)

Maeaettae, K.; Anttonen, K. (Univ. of Joensuu (Finland)). Email: kalle.maatta@joensuu.fi; Upston-Hooper, K. (GreenStream Networks, Helsinki (Finland)); Mehling, M. (Univ. of Greifswald (Germany)); Perrels, A. (Government Institute for Economic Research VATT, Helsinki (Finland)), email: adriaan.perrels@vatt.fi

2009-07-01

The project is based on a comparative and pragmatic review of the legal frameworks for implementing the EU Emission Trading Scheme (ETS) in four EU jurisdictions (Finland, Sweden, United Kingdom and Germany). The project does not seek to examine the rationale of utilizing tradable mechanisms nor assess the costs and benefits of doing so. Its primary focus is to undertake a detailed study of the legal realities involved in implementing the EU ETS, particularly those issues of commercial importance such as taxation and accounting rules. The methodology adopted has been to formulate a comprehensive questionnaire (of approximately 70 questions) to be used as the basis of national reports together with a stand alone analysis by VATT, and in turn use the national reports and VATT study as the building blocks of a comparative overview report. The questionnaire seeks to highlight those significant legal and regulatory issues that impact on the establishment of emission allowance trading arrangements within the respective jurisdictions. The comparative analysis of these issues will focus on 'golden threads' of similarity and difference that impact on the establishment of an internal market within the European Union for the trading of emissions allowances. (orig.)

Legal frameworks for emissions trading in the European Union

International Nuclear Information System (INIS)

Upston-Hooper, K.; Perrells, A.; Anttonen, K.; Mehling, M.

2007-01-01

The Project is based on a comparative and pragmatic review of the legal frameworks for implementing the EU Emission Trading Scheme (ETS) in four EU jurisdictions (Finland, Sweden, United Kingdom and Germany). The Project does not seek to examine the rationale of utilizing tradable mechanisms nor assess the costs and benefits of doing so. Its primary focus is to undertake a detailed study of the legal realities involved in implementing the EU ETS, particularly those issues of commercial importance such as taxation and accounting rules. The methodology adopted has been to formulate a comprehensive questionnaire (of approximately 70 questions) to be used as the basis of national reports together with a stand alone analysis by VATT, and in turn use the national reports and VATT study as the building blocks of a comparative overview report. The questionnaire seeks to highlight those significant legal and regulatory issues that impact on the establishment of emission allowance trading arrangements within the respective jurisdictions. The comparative analysis of these issues will focus on 'golden threads' of similarity and difference that impact on the establishment of an internal market within the European Union for the trading of emissions allowances. (orig.)

AIRBNB AND UBER: LEGAL PLATFORM BUT ILLEGAL NETWORKED BUSINESS

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Saša Zupan Korže

2018-05-01

Full Text Available Airbnb’s and Uber's popularity and scope of their networked business has significantly grown in the last few years. Both companies are engaged in sectors, which are regulated. The purpose of this paper is to discuss the legal issues related to Airbnb networked hospitality business and to Uber's networked transport business, with focus on EU member states solutions and Slovenian approach. The research was carried out from July 2017 to March 2018. We used the method of content analysis of secondary sources, methods of compilation and comparisons, analyses of qualitative data, collected in semi-structures interviews and explanatory case studies. The results show that Airbnb and Uber have become victims of their own success. The hospitality and transport business that participants perform using Airbnb or Uber platform do not comply with sectorial regulation of majority of EU member states. European Commission suggested some guidelines to solve the issues related with networked businesses. Moreover, European Court of Justice pointed out the exact solution on Uber's case. The research opens a debate on legal issues related to new technology-based business models and questions the rationale that stand behind legal solutions.

Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

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Beata Świątkowska

2013-10-01

Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

Legal technique: approaches to section on types

Directory of Open Access Journals (Sweden)

І. Д. Шутак

2015-11-01

techniques of individual legal acts. Among the tools of legal techniques particular importance play legal monitoring technique and the technique of publication of normative legal acts. Legal monitoring is the systematic, comprehensive activities aimed at the monitoring, analysis, evaluation of existing legislation and its enforcement, with the aim of improving the effectiveness of legislation and its future prediction. Technique the publication of regulations – a set of techniques and methods regulatory definition of an advertisement that is issued on behalf of the rule-making authority, addressed to General information and contains a complete and guaranteed the exact text of the adopted normative legal act. The main criterion for the classification of legal technique is the stages of legal regulation (law-making, law enforcement, realization of the right. Therefore, we can identify six types of legal techniques: law-making technique; the technique of publication of normative legal acts; the technique of systematization of legal acts; interpretation equipment; machinery of enforcing rights; enforcement technique.

PKI Implementation Issues: A Comparative Study of Pakistan with some Asian Countries

OpenAIRE

Malik, Nasir Mahmood; Khalil, Tehmina; Khalid, Samina; Malik, Faisal Munir

2009-01-01

The paper includes Public Key Infrastructure (PKI), its need and requirements and introduction of some renowned PKI products. However, the major thrust of this work is that how PKI can enhance security of various systems. The paper is intended to serve as a guide on how to adequately prepare for some of the challenges that may be encountered especially in developing countries like Pakistan. The detail of PKI implementation issues is also included in the paper along with future challenges rega...

Should fully autonomous artificial intelligence systems be granted legal capacity?

OpenAIRE

Naučius, Mindaugas

2018-01-01

The aim of this article is to address the issue of granting legal capacity to artificial inteligence systems. In order to approach the solution to the problem addressed, the article includes several aspects, relevant in order to achieve it. To begin with, the general concept of legal capacity is introduced. Following this aspect, the main features of both natural and juridical persons are addressed, in order to become familiar with the content of legal capacity, or in other words, to be aware...

The Opium Wars, Opium Legalization, and Opium Consumption in China

OpenAIRE

Jeffrey A. Miron; Chris Feige

2005-01-01

The effect of drug prohibition on drug consumption is a critical issue in debates over drug policy. One episode that provides information on the consumption-reducing effect of drug prohibition is the Chinese legalization of opium in 1858. In this paper we examine the impact of China's opium legalization on the quantity and price of British opium exports from India to China during the 19th century. We find little evidence that legalization increased exports or decreased price. Thus, the eviden...

A Qualitative Examination of Ethical and Legal Considerations Regarding Dating Violence

Science.gov (United States)

Sikes, April; Walley, Cynthia; Hays, Danica G.

2012-01-01

Despite the increased attention to dating violence among adolescents and young adults, limited information is available on ethical and legal considerations specific to this population. Therefore, this qualitative study explores 21 trainees' and practitioners' conceptualization of ethical and legal issues pertaining to adolescent dating violence.…

Service level agreements a legal and practical guide

CERN Document Server

Desai, Jimmy

2010-01-01

By reading this a short, legal and practical guide to SLAs, you should be able to quickly come up to speed with some of the legal and practical issues that might arise. Negotiating the SLA and putting the SLA into action are also discussed in the pocket guide. Whilst short and easy to digest, case references and weblinks have been provided in the text so readers can find out more information about SLAs.  

In Search of Legal Foundation for Indonesian Family Firms

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Yetty Komalasari Dewi

2016-08-01

Full Text Available One of the factors that affect Indonesia's economic growth is the existence of business firms. It cannot be ignored that most business firms in Indonesia is family owned firms, and which are considered to constitute as the backbone of the economic development.  Family firms represent the most enduring business model in the world. The continuing success of family firms through the generations relies on ensuring the next generation. However, the issue of family firms is rarely discussed in particular from the perspective of corporate law. In fact, from legal perspectives, there is some issues deal with this type of firms, amongst other, the lack of an overall definition of the term “family business”. It is because family businesses and small medium enterprises (SMEs are widely understood synonymously in spite of the fact that they exist in every size class. Other issue is the questions of its legal basis or legal framework in terms of its corporate governance. Many Indonesian business players lack the basic understanding of corporation’s law. It is partly because these obligations are incompatible with the values and cultures in Indonesia where “kinship principle” is deeply rooted. This article aims to describe the characteristics and the legal frameworks for the family firms in Indonesia. It also recommends the government to take progressive measure by providing clear regulations on the family firms in Indonesia. This will reinforce family firms contribution in economic development of Indonesia in the future. 

REGIME OF REFUGEES IN ROMANIA. THE LEGAL FRAMEWORK AND ITS RECENT DEVELOPMENTS

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Oana-Adriana IACOB

2017-05-01

Full Text Available The present paper offers a general overview of the legal framework of the Romanian asylum system and of its most recent developments, trigerred by the ”refugee crisis” that created turmoils and generated debates at the European and international levels. Although traditionally a transit country for migrants, that remained largely unaffected by the crisis, the controversies around the issue and the perspective of an increase of the migration flow, represented an incentive for the adoption of measures at national level, aiming to improve the asylum system and the perspectives of social integration of those who were granted a form of international protection. This study aims to highlight these developments and to place them in a larger international/European context.

Characteristics of illegal and legal cigarette packs sold in Guatemala.

Science.gov (United States)

Arevalo, Rodrigo; Corral, Juan E; Monzon, Diego; Yoon, Mira; Barnoya, Joaquin

2016-11-25

Guatemala, as a party to the Framework Convention on Tobacco Control (FCTC), is required to regulate cigarette packaging and labeling and eliminate illicit tobacco trade. Current packaging and labeling characteristics (of legal and illegal cigarettes) and their compliance with the FCTC is unknown. We sought to analyze package and label characteristics of illegal and legal cigarettes sold in Guatemala. We visited the 22 largest traditional markets in the country to purchase illegal cigarettes. All brands registered on tobacco industry websites were purchased as legal cigarettes. Analysis compared labeling characteristics of illegal and legal packs. Most (95%) markets and street vendors sold illegal cigarettes; 104 packs were purchased (79 illegal and 25 legal). Ten percent of illegal and none of the legal packs had misleading terms. Half of the illegal packs had a warning label covering 26 to 50% of the pack surface. All legal packs had a label covering 25% of the surface. Illegal packs were more likely to have information on constituents and emissions (85% vs. 45%, p Guatemala, neither illegal nor legal cigarette packs comply with FCTC labeling mandates. Urgent implementation and enforcement of the FCTC is necessary to halt the tobacco epidemic.