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Sample records for current legal framework

  1. The parameters of the current legal framework for health research ...

    African Journals Online (AJOL)

    South African Journal of Bioethics and Law. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 6, No 2 (2013) >. Log in or Register to get access to full text downloads.

  2. The Current Legal Framework of the Use of Force against Terrorist Organizations

    Directory of Open Access Journals (Sweden)

    Petra PERISIC

    2013-11-01

    Full Text Available Events that took place on 9/11, when symbols of American nation were destroyed by hijacked civilian airplanes, raised the issue of the effectiveness of the currently existing legal framework which regulates terrorist activities. Prior to that event, dealing with terrorist activities was mostly regulated by conventions, many of which were ratified by no more than couple of states. However, it became questionable whether these instruments are sufficient to fight terrorists who are not only immune to a threat of sanctions, but are even ready to sacrifice their lives. After the attacks took place, the United States launched against Afghanistan an armed action, ending up in a more than a decade long occupation, holding Taliban regime responsible for the attacks undertaken by Al-Qaida. The United States response to the 9/11 raised an important question: what is the legal response to terrorist attacks? This article explores the current legal framework of the use of force in response to terrorist attacks, especially with regard to distinguishing terrorist acts which are attributable to a certain state, from those which are undertaken by a terrorist group, not associated with any particular state.

  3. [Individual rights vs public health in the fight against contagious diseases: proposals to improve the current legal framework].

    Science.gov (United States)

    Salamero Teixidó, Laura

    2016-11-01

    The public health protection constitutional mandate requires public powers to protect the population from contagious diseases. This requires a legal framework that both protects public health effectively and respects individual rights and freedoms that could be undermined by the public administrations. This article analyses, from a legal perspective, the current legal framework regulating the adoption of health measures to protect public health against contagious diseases. It argues that current regulations generate legal uncertainty on the basis of the wide range of discretionary powers they give to the public administration and the lack of provisions for limiting these powers. As a result, the guarantee mechanisms (primarily judicial consent) only weakly protect the rights and freedoms of the citizens affected by health measures. To conclude, the article proposes several amendments to improve public health regulations related to contagious diseases. The purpose is to render a legal framework that offers more legal certainty, in which it is possible to protect individual rights and freedoms when measures are adopted, without sacrificing the effective protection of public health. Copyright © 2016 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

  4. Preimplantation diagnosis to create 'saviour siblings': a critical discussion of the current and future legal frameworks in South Africa.

    Science.gov (United States)

    Strode, Ann; Soni, Sheetal

    2011-12-14

    Pre-implantation genetic diagnosis (PGD) is a technology used in conjunction with in vitro fertilisation to screen embryos for genetic conditions prior to transfer. It was initially developed to screen mutations for severe, irreversible, genetic conditions. Currently, PGD makes it possible to select against more than 100 different genetic conditions. It has been proposed as a method for creating a tissue-matched child who can in turn serve as a compatible stem cell donor to save a sick sibling in need of a stem cell transplant. The advantage of this method is that it provides genetic information before implantation of an embryo into the womb, making it possible to ensure that only tissue-matched embryos are transferred to the uterus. A couple can therefore avoid the difficult choice of either terminating the pregnancy at a later point if the fetus is not a match, or extending their family again in the hope that their next child will be tissue compatible. Many people have expressed disapproval of the use of PGD for this purpose, and it is associated with many conflicting interests including religion, ethics as well as legal regulation. In order to manage these issues some jurisdictions have created legal frameworks to regulate the use of this technology. Many of these are modelled on the UK's Human Fertilisation and Embryology Authority and its guardian legislation. This paper critiques the current and future South African legal framework to establish whether it is able to adequately regulate the use of PGD as well as guard against misuse of the technology. It concludes that changes are required to the future framework in order to ensure that it regulates the circumstances in which PGD may occur and that the Minister of Health should act expediently in finalising draft regulations which will regulate PGD in the future.

  5. A review of legal framework applicable for the management of healthcare waste and current management practices in Ethiopia.

    Science.gov (United States)

    Haylamicheal, Israel Deneke; Desalegne, Solomon Akalu

    2012-06-01

    The management of healthcare waste (HCW) requires special attention due to the risk posed by the presence of hazardous waste. The first step towards this is the issuance of national legislation complemented by policy documents, regulations and technical guidelines. In Ethiopia there is no specific legislation for healthcare waste management (HCWM). However, there are various legislations which may provide a legal framework for the management of HCW. This review assesses the various legislations that are relevant to HCWM. It also looks into the institutional arrangements put in place and waste management practices that prevail in the country. It was found that, although the existing legislations have provisions that may provide a legal framework for the management of HCW in Ethiopia, they are not comprehensive and lack specificity in terms of defining hazardous HCW and its categories; in indicating legal obligations of healthcare facilities (HCFs) in handling, transporting, treating and disposing HCW, and record keeping and reporting. There is overlapping of mandates and lackof co-ordination among various government institutions that are responsible for HCWM. The HCWM practices also do not conform to the principles of waste management in general and HCWM in particular. Thus, to better manage HCW in Ethiopia, a specific and comprehensive legislation and policy document on HCWM with clear designation of responsibilities to various stakeholders should be issued immediately. Moreover, training and awareness raising activities on proper HCWM should be undertaken targeting medical staffs, HCF administrators, waste handlers, policy and decision makers and the general public.

  6. Legal framework for food fortification

    DEFF Research Database (Denmark)

    Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti D

    2013-01-01

    Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance...... the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best...

  7. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

    Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.

  8. Legal framework for a radiation safety infrastructure

    International Nuclear Information System (INIS)

    Bilbao, A.A.

    2000-01-01

    In this lecture the legal framework for a radiation safety infrastructure are presented. The objective of this lecture are: Legal framework; Regulatory programme; Role of Regulatory Authority in emergency situations; Assessment of the effectiveness of the regulatory programme; Cost effectiveness of the regulatory framework; and Priority actions

  9. 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.

  10. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

    Legal Framework for Implementation of m-Government in Ethiopia: Best. Practices and Lessons ... opportunity to government and businesses to provide enhanced mobile .... provide effective governance, offer increased service delivery and ...

  11. 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?

  12. Prison nursing: legal framework and care reality

    Directory of Open Access Journals (Sweden)

    H. Carrasco-Baún

    Full Text Available Introduction: Penitentiary Nursing has experienced during the last decades a deep transformation similar to that experienced by the rest of the Nursing. However, there is a great distance from the protective legislation. Objective: To analyze the main legal documents which regulate the functions of Penitentiary Nursing and to compare it with the health care reality of nurses in Spanish prisons. Methodology: Narrative bibliographic review based on various sources such as Medline, Cuiden, Scielo, Dialnet, etc. Results: Is selected 43 documents, due to its relevance with the theme object of study. Is rejected 4 articles for lack of the same. Analyzed documents regarding legal framework and functions of nursing in prisons in its different sections (health care, teaching, research and management. Conclusion: The functions currently carried out in prisons are the ones provided for by health care legislation outside the prison context, along with the internal administrative regulations established by prisons. The possibility should be reconsidered of integrating Prison Healthcare into the Public Healthcare System so as to guarantee equality of healthcare for persons deprived of liberty and to provide the same rights and obligations to health professionals working in this sector.

  13. Prison nursing: legal framework and care reality.

    Science.gov (United States)

    Carrasco-Baún, H

    2017-06-01

    Penitentiary Nursing has experienced during the last decades a deep transformation similar to that experienced by the rest of the Nursing. However, there is a great distance from the protective legislation. To analyze the main legal documents which regulate the functions of Penitentiary Nursing and to compare it with the health care reality of nurses in Spanish prisons. Narrative bibliographic review based on various sources such as Medline, Cuiden, Scielo, Dialnet, etc. Is selected 43 documents, due to its relevance with the theme object of study. Is rejected 4 articles for lack of the same. Analyzed documents regarding legal framework and functions of nursing in prisons in its different sections (health care, teaching, research and management). The functions currently carried out in prisons are the ones provided for by health care legislation outside the prison context, along with the internal administrative regulations established by prisons. The possibility should be reconsidered of integrating Prison Healthcare into the Public Healthcare System so as to guarantee equality of healthcare for persons deprived of liberty and to provide the same rights and obligations to health professionals working in this sector.

  14. Combating piracy off the coast of Somalia: current legal challenges

    NARCIS (Netherlands)

    Fink, M.D.; Galvin, R.J.

    2009-01-01

    The ongoing maritime operations against piracy off the coast of Somalia have not only put naval enforcement against piracy at sea in the spotlight, but also the legal aftermath of what to do with pirates after their capture. While warships at sea within the current legal framework of UNCLOS and the

  15. Legal framework: Renewables in Honduras

    International Nuclear Information System (INIS)

    Matute, Leonardo

    2000-01-01

    The paper describes the framework (organic structure and legislation) in promotion of renewables in Honduras, the policies for promotion of the free market of energy, laws on environmental protection and law of electricity. Also describes treties and agreements suscribed by Honduras in these matters

  16. Developing legal regulatory frameworks for modern biotechnology ...

    African Journals Online (AJOL)

    This paper looks at attempts that have been made to develop legal regulatory frameworks for modern biotechnology. The discussion is limited to the regulation of Genetically Modified Organisms (GMO) technology by the two leading producers and exporters of GMOs in Africa: South Africa and Kenya. The international and ...

  17. Alternative Dispute Resolution in Ethiopia- A Legal Framework ...

    African Journals Online (AJOL)

    This article will attempt to explore the regime of Alternative Dispute Resolution in Ethiopia, its legal framework, current practices and the way forward. The implication of the need to embrace the use of Alternative Dispute Resolution by all stakeholders was also be analyzed. African Research Review Vol. 2 (2) 2008 pp. 265- ...

  18. The legal framework for nuclear development

    International Nuclear Information System (INIS)

    Baker, J.

    1982-01-01

    A summary is presented of the legal framework within which civil nuclear power operations are conducted in Britain. The planning procedures are illustrated by reference to the consents history of one of the CEGB existing power stations - Sizewell 'A'. The process is traced through the stages of defining the need, identifying a site, making a formal application to build, Public Enquiry, site licensing and operational control. (U.K.)

  19. The International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    2011-01-01

    The term 'nuclear security' is generally accepted to mean 'the prevention and detection of, and response to, theft, sabotage, unauthorized access, illegal transfer or other malicious acts involving nuclear material, other radioactive substances or their associated facilities.' While the ultimate responsibility for nuclear security within a State rests entirely with that State, the need for regional and international cooperation has become increasingly evident with the growing recognition that the ability to prevent, detect and respond to the threats to nuclear security within one State is affected by the adequacy and effectiveness of nuclear security measures taken by other States, particularly when nuclear material is transported across national frontiers. Since the early 1970s, the IAEA has been called upon to play an ever increasing role in assisting States, upon request, to strengthen their national legal infrastructures and physical protection systems, as well as to facilitate regional and international efforts to enhance nuclear security, including measures to protect against nuclear terrorism. This publication brings together the legally binding primary international instruments and the internationally accepted non-binding instruments that constitute the international legal framework for nuclear security. It does not discuss the safety and safeguards related instruments, which also form a part of the broader legal framework for nuclear security. By setting out the legislative bases for the mandate of the IAEA in the area of nuclear security, it is hoped that this publication will increase awareness of the IAEA's role in facilitating national, regional and international efforts to enhance nuclear security , including measures to protect against nuclear terrorism. It is also intended to serve as a guide in carrying out the IAEA's nuclear security mandate and functions assigned to it under these instruments, including in the elaboration of nuclear security

  20. Legal and regulator framework of radioactive waste

    International Nuclear Information System (INIS)

    Chavez Cassanello, Griselda; Mels Siningen, Celeste; Reina, Mariana; Vega, Hernan

    2009-01-01

    The present work intends to develop the legislative and regulatory framework in the matter of radioactive waste. The legal frame of the radioactive waste conformed by the National Constitution, the treaties and conventions, laws and decrees and regulatory norm in Argentine . The subject is approached from the international point of view considering the slogan of 36 The Annual Meeting of the Association Argentine de Nuclear Technology: 'The Nuclear Energy in the Present World'. This work also contains a special paragraph dedicated to the analysis of practical cases related to the subject and the activity of the National Commission of Atomic Energy. (author)

  1. The universal legal framework against nuclear terrorism

    International Nuclear Information System (INIS)

    Gehr, W.

    2007-01-01

    After the events of September 11, the United Nations Security Council adopted Resolution 1373 (2001) which has been called the 'Counter-Terrorism Code' of the world, because it creates legal obligations for all 192 Member States of the United Nations. UN Security Council Resolutions 1373 (2001), 1540 (2004) and 1735 (2006) as well as a defined set of 13 global treaties constitute the universal legal framework against terrorism which must be implemented in a manner consistent with international human rights obligations. Basically, these 13 treaties as well as Resolution 1373 are international criminal law instruments. Within this universal legal framework, the framework against nuclear terrorism is constituted by Resolution 1540, the Convention on the Physical Protection of Nuclear Material (CPPNM) which entered into force in 1987, and the International Convention for the Suppression of Terrorist Bombings which is in force since 2001. These three legal instruments will be supplemented by the International Convention for the Suppression of Acts of Nuclear Terrorism, an amendment to the CPPNM and two Protocols amending the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, once these instruments, all of which were adopted in 2005, enter into force. The Terrorism Prevention Branch (TPB) of the United Nations Office on Drugs and Crime (UNODC) assists countries which are in need of legislative assistance for the drafting of appropriate counter-terrorism laws that duly take into account the obligations contained in Resolution 1373, the United Nations sanctions against Al-Qaida and the Taliban as well as in the 13 universal conventions for the prevention and the suppression of terrorism, including the CPPNM and the new International Convention for the Suppression of Acts of Nuclear Terrorism. UNODC/TPB has also

  2. Legal framework of the environmental regulatory regime

    International Nuclear Information System (INIS)

    Black, D.

    1992-01-01

    The growing concern regarding environmental issues has presented a number of new challenges to those exploring and developing the hydrocarbon reserves located on the Newfoundland continental shelf. Not the least of these challenges is the development of new technologies in the harsh environment of the North Atlantic; in addition, these new technologies must be implemented in an existing and ever-changing regulatory regime. The legal framework of the environmental regulatory regime relating to offshore development in Canada is reviewed along with some of the more important legislation involved in regulating environmental issues in the offshore area. The legal basis for exploration, development, and management of resources located on the Newfoundland continental shelf is the Canada-Newfoundland Accord on Joint Management of Offshore Oil and Gas Resources off Newfoundland and Labrador. Administration of the Accord is the responsibility of the Canada-Newfoundland Offshore Petroleum Board. To be able to apply Canadian laws to the continental shelf, legislation was passed including the Canadian Laws Offshore Application Act as well as the Act implementing the Accord. The latter gives the Offshore Petroleum Board authority to regulate all stages involved in bringing an oil pool to production, such as granting of licenses and work authorizations. Granting of such licenses and authorizations is subject to compliance with environmental requirements, and there are provisions against certain environmental offenses such as spills. Other federal legislation applicable to the offshore includes the Canada Shipping Act and the Canadian Environmental Protection Act

  3. The Trilateral Initiative: The Legal Framework

    International Nuclear Information System (INIS)

    Rockwood, L.

    2015-01-01

    The Trilateral Initiative was a six-year effort undertaken by the IAEA, the United States and the Russian Federation between 1996 to 2002 to identify verification arrangements and technologies for IAEA verification of classified forms of Pu and HEU from nuclear warheads or components. As part of that Initiative, between 1999 and 2001, the parties succeeded in negotiating a model agreement for such verification (the Model Agreement). Although the Trilateral Initiative ended in 2002, the Model Agreement produced as a result of those negotiations could still serve as the basis for bilateral agreements between the IAEA and nuclear-weapon States wishing to demonstrate, in a verifiable manner, the release of weapon origin and other fissile material from defence programmes. This presentation will describe the legal framework for the Model Agreement and the major issues addressed during its negotiation

  4. The Protection of Classified Information: The Legal Framework

    National Research Council Canada - National Science Library

    Elsea, Jennifer K

    2006-01-01

    Recent incidents involving leaks of classified information have heightened interest in the legal framework that governs security classification, access to classified information, and penalties for improper disclosure...

  5. Legal framework for a nuclear program

    International Nuclear Information System (INIS)

    Santos, A. de los; Corretjer, L.

    1977-01-01

    Introduction of a nuclear program requires the establishment of an adequate legal framework as solutions to the problems posed by the use of nuclear energy are not included in Common Law. As far as Spain is concerned, legislation is capable of dealing with the main problems posed in this field. Spain is a Contracting Party in several International Conventions and participates in International Organizations related to this area and takes their recommendations into account when revising its national legislation. Specific Spanish legislation is constituted by Law 25/1964, of April 29th, on Nuclear Energy, which outlines the legal system regarding nuclear energy, and regulates all aspects which refer to same, from the competent organisms and authorities to the sanctions to be imposed for non-fulfilment of the provisions. In order to offer sufficient flexibility, so that it can be adapted to specific circumstances, the Law's provisions are very ample and development is foreseen by means of regulations. So far, two Regulations have been published: Regulation relating to Coverage of Risk of Nuclear Damage, which refers to Civil Responsibility and its Coverage; and Regulation relating to Nuclear and Radioactive Installations, which refers to the authorization and license system. At the present time, the Regulation relating to Radiation Protection is being elaborated and it will replace the present Radiation Protection Ordinances. In addition to the foregoing, reference is made to others which, although they are not specifically ''nuclear'', they include precepts related to this question, such as the Regulation regarding Nuisance, Unhealthy or Dangerous Industries or some Labor Law provisions [es

  6. Counterterrorism in the Russian Arctic: legal framework and central actors

    Directory of Open Access Journals (Sweden)

    Ingvill M. Elgsaas

    2017-12-01

    Full Text Available Russia’s strategic interests in the Arctic coupled with a complex and diffuse terrorist threat has produced a niche topic: Arctic counterterrorism. Arctic counterterrorism is a new and underdeveloped topic that has received only limited attention. This article contributes a discussion of the legal framework and the main actors involved in countering terrorism in the Russian Arctic. The author finds that the legal framework for counterterrorism is extensive yet centered in core documents. Similarly, counterterrorism involves many and varied actors united in a relatively simple and streamlined national system for counterterrorism. Current legal regulation and organisation provide a solid base that may support efficient management of counterterrorism, also in the Arctic. A notable strength is the concentration of coordination responsibilities in the hands of one central actor, the FSB. Another important characteristic is that the system is symmetrical and follows Russia’s federal organisation with coordinating bodies for all regions including those in the Arctic. Counterterrorism legislation is kept up to date and the trend is towards tougher punishments and a wide understanding of terrorist offenses. A potential weak spot is the unclear role of the newly formed National Guard. The uncertainty surrounding the role of the National Guard in the fight against terrorism may challenge the FSB and weaken coordination of the system for counterterrorism in the future.

  7. The national legal framework in France

    International Nuclear Information System (INIS)

    Touitou-Durand, Florence

    2017-01-01

    Ms Touitou-Durand presented the French legal framework regarding public participation. The 2005 Charter for the Environment, which has constitutional value, lays down the principle of public participation in decisions likely to affect the environment. These include, among others, Nuclear Safety Authority decisions on technical prescriptions or on modifications requested by licensees. France is a Party to the Aarhus and Espoo Conventions and applies the relevant European directives related to the matter. Whereas the Aarhus Convention covers access to environmental information held by public authorities, French provisions go further by creating obligations also for the operator of a nuclear installation, which must grant access to information on the risks related to ionising radiation that can result from its activity and on the measures taken to prevent or reduce these risks. The principle of transparency in the nuclear field was introduced in French law in 2006 and further incorporated in the Environmental Code. It grants the public the right to reliable and accessible information on nuclear safety, radiological protection, the prevention of and fight against malicious acts, and civil security actions in the event of an accident. Two bodies are called to deal with stakeholder involvement, namely the High Committee for Transparency and Information on Nuclear Security and the Local Information Committees, the latter being mandatory for any site comprising one or several nuclear installations. The Local Information Committees are composed of representatives of local authorities, environmental protection organisations, trade unions, experts and residents of the area where the site is located. Regarding involvement of the public in project-level decisions, Ms Touitou-Durand explained that the eventual authorisation by decree of the creation of a nuclear installation must be preceded by a formal public debate (when located on a new site), an environmental impact

  8. Deliverable 7.1: Legal Framework and Legal Barriers to an Offshore HVDC Electricity Grid in the North Sea : Intermediate Report for Stakeholder Review

    NARCIS (Netherlands)

    Nieuwenhout, C.T.

    The present deliverable elaborates the current legal framework for offshore wind and grid development on international, European and national level. It is shown that often, the legal framework needs to be adapted in order to facilitate the development of a meshed offshore electricity grid. This is

  9. Legal framework of radioactive waste management in Indonesia

    International Nuclear Information System (INIS)

    Ridwan, M.

    2000-01-01

    The nuclear programme and the related legal framework in Indonesia is outlined. The provisions and principles concerning the management of radioactive waste are described. Furthermore, aspects of liability for nuclear damage and public involvement are addressed. (author)

  10. Legal and regulatory framework of Uranium's enrichment

    International Nuclear Information System (INIS)

    Antelo, Josefina; Figueredo, Micaela S.; Mangone, Gisela P.; Manin, Maria L.; Pota, Luciana F.

    2009-01-01

    The object of this paper is to develop the legal aspects referred to the activities of uranium's enrichment, in order to achieve the pacific use of nuclear energy and to obey treatments, agreements and international conventions in which Argentine is party and through them assumes the non proliferation's commitment. In this context, we will develop the rights and obligations established in those legal instruments, as well as the juridical concerns of the eventual subscription of Argentine to the Additional Protocol approved by the Board of Governors in 1997. (author)

  11. Energy strategy in Europe: The legal framework

    International Nuclear Information System (INIS)

    Daintith, T.; Hancher, L.

    1986-01-01

    This book is a product of collaboration on the theme of legal implementation of economic policy in Europe. The general concern of the project with the way in which economic policies are translated into law, and with the dual role of law as both instrument of, and constraint upon, policy is here focussed on the field of energy policy in the Community and, in particular, on the new energy strategy of the Commission and the legal context in which it must operate. The book has the following chapters: Legal perspective on energy policy; The Community's record in the energy sector; National energy objectives; Legal structuring of national energy, industries and markets; National energy policies; The operation of basic Common Market principles in the energy sector; The Community energy strategy - an evaluation. Four appendices show: The development of an energy strategy for the Community; Community communications, proposals and measures 1979-1983; National plans and policy statements; Colloquium on implementation of energy policy in the EEC, held in Florence 1982. (orig./HSCH)

  12. Implications of the ethical-legal framework for adolescent HIV ...

    African Journals Online (AJOL)

    Nicky

    Fourthly, the institutional framework for establishing research priorities and regulation of ethical review is being strengthened with the establishment of new institutions such as the National. Health Research Ethics Committee. The South African ethical-legal framework and its implications for adolescent HIV vaccine trials ...

  13. ROMANIAN AERONAUTICAL METEOROLOGY APPLICABLE LEGAL FRAMEWORK –BRIEFING

    Directory of Open Access Journals (Sweden)

    CATALIN POPA

    2012-05-01

    Full Text Available The purpose of this briefing is toprovide an overview of the aeronautical meteorology legal framework in Romania. In this context, the role and importance of aeronautical meteorology in international air traffic management will be underlined, with focus on the civil aviation activity in Romania. The international legal framework and modalities of implementing these rules at national level will constitute a significant part of the present study., Specific accent will be put on the national regulatory framework and structure, means of updating it, and how it responds to changing regulatory requirements.

  14. International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    Moore, G.M.

    2010-01-01

    The responsibility for nuclear security rests entirely with each State. There is no single international instrument that addresses nuclear security in a comprehensive manner. The legal foundation for nuclear security comprises international instruments and recognized principles that are implemented by national authorities. Security systems at the national level will contribute to a strengthened and more universal system of nuclear security at the international level. The binding security treaties are; Convention on the Physical Protection of Nuclear Material, the 2005 amendment thereto, Safeguards Agreements between the Agency and states required in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Model Protocol additional to agreement(s) between State(s) and the Agency for the application of Safeguards Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Convention on Nuclear Safety, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

  15. Analysis of legal narratives: a conceptual framework

    NARCIS (Netherlands)

    Sileno, G.; Boer, A.; van Engers, T.; Schäfer, B.

    2012-01-01

    This article presents a conceptual framework intended to describe and to abstract cases or scenarios of compliance and non-compliance. These scenarios are collected in order to be animated in an agent-based platform for purposes of design and validation of both new regulations and new

  16. Legal framework for food fortification: examples from Vietnam and Indonesia.

    Science.gov (United States)

    Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti; Van, Khan Tran; Laillou, Arnaud

    2013-06-01

    Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance in national programs, has often been challenging. This paper takes a closer look at food fortification efforts and legislation mechanisms in Vietnam and Indonesia in order to determine specific factors and components in the legal framework that are crucial to the success of fortification programs. Fortification efforts in Indonesia and Vietnam are evaluated using published data as well as unpublished data from detailed evaluation reports, and compared with respect to the specific circumstances, constraints, objectives and results in each country. The legal framework is a crucial factor for the success of food fortification programs, as it shapes to a large extent the implementation of food fortification. The legal framework is instrumental to ensure the quality, safety, availability, cost-effectiveness, and sustainability of food fortification. In the first place, the legal framework should specify the fortificants and fortification levels, as well as the food vehicles and the fortification procedures. In addition, it should ensure the commitment of policy makers and producers to fortification, regulate the costing, describe and ensure information and communication such as product labeling integrate social marketing into the implementation, and provide the means to monitor and enforce fortification. A clear public health objective, together with careful consideration of the choices and restrictions dictated by the specific national environments, will help to develop legal frameworks that optimize the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and

  17. Public Pension Plan Reform: The Legal Framework

    Science.gov (United States)

    Monahan, Amy B.

    2010-01-01

    There is significant interest in reforming retirement plans for public school employees, particularly in light of current market conditions. This article presents an overview of the various types of state regulation of public pension plans that affect possibilities for reform. Nearly all of the various approaches to public pension plan protection…

  18. 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.

  19. Policy, Legal and Regulatory Framework for Records Management ...

    African Journals Online (AJOL)

    Policy, Legal and Regulatory Framework for Records Management in the ... of any country and are essential to the administration of law in the justice system. ... as the Kenya Public Archives and Documentation Service Act Cap 19 of 1965; the ...

  20. Legal framework for implementation of m-government in Ethiopia ...

    African Journals Online (AJOL)

    Higher penetration of mobile services in many countries, including Ethiopia, makes m-Government an eminent technological option for delivering government services to public and businesses. Although the Ethiopian government has introduced e-government services to the public, the legal framework to support such ...

  1. Legal Framework for the Regulation of Waste in Nigeria

    African Journals Online (AJOL)

    FIRST LADY

    measures must be nationally and internationally taken to control disposal of such waste to ... legal framework for solving such environmental problems as well as the .... The Federal system under the 1979 constitution expressly or impliedly set out .... and in addition the forfeiture of any aircraft, vehicle or land connected with.

  2. Implications of the ethical-legal framework for adolescent HIV ...

    African Journals Online (AJOL)

    The ethical-legal framework in South Africa is in a period of transition, with a number of new developments changing the substantive principles and procedures for health research in the country. Some of the changing dynamics include both law reform and the review of ethical guidelines. This changing environment poses ...

  3. EWEA 2012: conference on the legal framework of wind energy

    International Nuclear Information System (INIS)

    Froeding, Veronique; Iuga, Dorina; Lintker, Stephanus; Edlich, Sophie

    2012-01-01

    At the occasion of 2012 Europe Wind energy event (EWEA), the French-German office for Renewable energies (OFAEnR) organised a conference on the legal framework of wind energy. In the framework of this French-German exchange of experience, participants exchanged views on the French and German respective regulations and administrative procedures for wind energy projects. This document brings together the available presentations (slides) made during this event: 1 - Synthesis note of the wind turbines French regulation (Veronique Froeding); 2 - Wind Barriers Presentation - Administrative and Grid access barriers (Dorina Iuga); 3 - Wind energy in France - Legal framework: what's new? (Veronique Froeding); 4 - North Rhine-Westphalia and the Wind energy Decree from July 2011: NRW Pioneer in Wind energy in Germany (Stephanus Lintker); 5 - Duration and development costs of wind energy projects in France and in Germany (Sophie Edlich)

  4. Legal Frameworks for Emissions Trading in the European Union

    International Nuclear Information System (INIS)

    Karl Upston-Hooper, K.; Anttonen, K.; Mehling, M.

    2006-01-01

    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. (orig.)

  5. Energy Security of Russia and the EU: Current Legal Problems

    Energy Technology Data Exchange (ETDEWEB)

    Seliverstov, S.

    2009-07-01

    Security of energy supply is a cornerstone of European energy policy. It receives specific mention both in the Constitution Treaty and in the Lisbon Treaty. Of course, energy and energy-generated revenues are vital for Russia as well. It is a common understanding that Russia and the EU are extremely interdependent in terms of energy. On the one hand, Russia is the strategic energy supplier to the EU as a whole; for some member states Russian supplies represent the only source of the external energy flows. On the other hand, the revenues generated from the west-bound supplies of oil and gas constitute a significant share of the overall export income and of the budget of Russian Federation. Taking the interdependency as a point of departure the present article answers the following questions: What are the differences and the similarities in the European and the Russian approaches towards security of energy supply? Is their understanding of energy security so different? What are the current legal instruments guiding interaction in this sphere? What are the actual trends that could give some indication of how the situation may develop in the future? - While the concepts of 'security of energy supplies' or of 'energy security' are theoretical in nature, the ways the concepts are understood and the legal framework for them directly influences the way they are applied in practice. (author)

  6. Energy Security of Russia and the EU: Current Legal Problems

    International Nuclear Information System (INIS)

    Seliverstov, S.

    2009-01-01

    Security of energy supply is a cornerstone of European energy policy. It receives specific mention both in the Constitution Treaty and in the Lisbon Treaty. Of course, energy and energy-generated revenues are vital for Russia as well. It is a common understanding that Russia and the EU are extremely interdependent in terms of energy. On the one hand, Russia is the strategic energy supplier to the EU as a whole; for some member states Russian supplies represent the only source of the external energy flows. On the other hand, the revenues generated from the west-bound supplies of oil and gas constitute a significant share of the overall export income and of the budget of Russian Federation. Taking the interdependency as a point of departure the present article answers the following questions: What are the differences and the similarities in the European and the Russian approaches towards security of energy supply? Is their understanding of energy security so different? What are the current legal instruments guiding interaction in this sphere? What are the actual trends that could give some indication of how the situation may develop in the future? - While the concepts of 'security of energy supplies' or of 'energy security' are theoretical in nature, the ways the concepts are understood and the legal framework for them directly influences the way they are applied in practice. (author)

  7. Towards nuclear disarmament: State of affairs in the international legal framework

    International Nuclear Information System (INIS)

    Fanielle, Sylvain

    2016-01-01

    Since the dawn of the nuclear era, nuclear disarmament has been one of the highest priorities of the international community in ensuring global peace and security. Accordingly, numerous multilateral and bilateral political initiatives have been launched to fulfil this objective in a comprehensive manner. Many of these political efforts have resulted in the negotiation and adoption of legal instruments, which currently comprise the international legal framework on nuclear disarmament. Despite numerous achievements, this framework appears to be at a turning point. As a matter of fact, recent political and diplomatic tensions have reminded the international community that the far-reaching objective of global nuclear disarmament is under continuous pressure. In this context, is the international legal framework on nuclear disarmament effective? This article addresses both development and effectiveness of the international legal framework on nuclear disarmament. It first describes the position of nuclear disarmament within the United Nations (UN) machinery and the related political challenges. It then focuses on the Nuclear Non-Proliferation Treaty (NPT),1 with a particular focus on the interpretation and legal requirements associated with Article VI. Finally, it provides an overview of the Nuclear-Weapon-Free Zones (NWFZs) and their role in the international denuclearization dynamics. (author)

  8. LEGAL AND INSTITUTIONAL FRAMEWORK OF MEDIATION IN REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Andon Majhoshev

    2014-10-01

    Full Text Available Mediation as an alternative dispute resolution enables faster, more efficient and less costly resolution of disputes in relation to the proceedings. Its operation is based on the following principles: voluntary, equality of the parties, neutrality of the mediator, exclusion of the public, efficiency of the procedure, confidentiality of information, fairness. In Macedonia the mediation as an alternative dispute resolution was introduced by the Law on Mediation in 2006. However, besides this law, the resolution of disputes by mediation is regulated by other special laws such as the Family Law Act, Consumer Law, the Juvenile Justice, Law for the peaceful resolution of labor disputes, etc.. For effective functioning of the mediation, except legal regulation of mediation, and established appropriate institutional framework is an important link for a successful mediation. The institutional framework of mediation includes: Ministry of Justice - Sector for Mediation, Board for Mediation, the Mediators Chamber of Macedonia and mediator. All the above institutions have proper function in the system of mediation and their jurisdiction is governed normative-legal. The legal and institutional framework actually consists of mediation system in the country and represent a whole.

  9. 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...

  10. The New Legal Framework for Acquiring ‘Well-Known’ Status in China

    DEFF Research Database (Denmark)

    Xiao, Kaiyu; Barrett Christiansen, Claus; Elsmore, Matthew James

    2017-01-01

    In China there is a new legal framework governing the determination of ‘well-known’ trade mark status. In this article, we identify several substantive and procedural innovations as regards the new rules, as well as drawing attention to attendant Chinese peculiarities that are also worthy...... of attention. Our legal analysis comprises a mix of positive and constructive critique of current Chinese trade mark law and practice, and reveals that to understand the rules regarding well-known status demands close examination of the institutional set-up in China. The article’s aim is to detail the new...... provisions and to address whether the new legal framework signals, overall, a more coherent phase of Chinese trade mark law ahead for determining and concluding well-known trade mark status in China....

  11. Aspects of a legal framework for language resource management

    CSIR Research Space (South Africa)

    Sharma Grover, A

    2012-05-01

    Full Text Available . References Sharma Grover, A, Van Huyssteen, GB & Pretorius, MW. (2011). The South African Human Language Technology Audit. Language Resources and Evaluation. DOI: 10.1007/s10579-011-9151-2. ISSN: 1574-020X. 45(3). Binnenpoorte, D., De Vriend, F., Sturm... Legal Framework for Language Resource Management Aditi Sharma Grover1, Annamart Nieman2, Gerhard B. van Huyssteen3, Justus C. Roux3 Human Language Technology Research Group, CSIR-Meraka Institute, Pretoria, South Africa1, Advocate, Member...

  12. A comparison of the legal frameworks supporting water management in Europe and China.

    Science.gov (United States)

    Yang, X; Griffiths, I M

    2010-01-01

    This paper has compared the legal frameworks supporting water management in Europe and China, with special focus on integrated river basin management (IRBM) to identify synergies and opportunities in policymaking and implementation. The research shows that China has committed to the efficient management of water resources through various policy tools during the current period. This commitment, however, has often been interrupted and distorted by politics, resulting in the neglect of socioeconomic and environmental priorities. The European legal framework supporting water management underwent a complex and lengthy development, but with the adoption of the Water Framework Directive provides a policy model on which to develop an integrated and sustainable approach to river basin management, elements of which may help to meet the demands of the emerging 21st century Chinese society on these critical natural resources.

  13. 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.)

  14. 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.)

  15. University Research Collaborations on Nuclear Technology: A Legal Framework

    International Nuclear Information System (INIS)

    Nagakoshi, Y.

    2016-01-01

    Full text: International nuclear research collaborations are becoming increasingly important as the need for environmentally sound and safe energy technology grows. Despite having its risk, the benefits of using nuclear energy cannot be overlooked considering the energy crisis the world is facing. In order to maximize the safety of existing technology and promoting safe ways of taking advantage of nuclear energy, collaborative efforts of all who are involved in nuclear technology is necessary, regardless of national borders or affiliation. Non-conventional use of nuclear energy shall also be sought after in order to reduce greenhouse gas emission and to overcome the energy crisis the world is facing. It is therefore important that international collaborations among research institutes are promoted. Collaboration amongst universities poses a series of legal questions on how to form the framework, how to protect individual and communal inventions and how to share the fruits of the invention. This paper proposes a possible framework of collaboration and elaborates on possible legal issues and solutions. (author

  16. The legal framework for end-of-life decisions in the UK.

    Science.gov (United States)

    Rennie, Janet M; Leigh, Bertie

    2008-10-01

    We have reviewed the current UK guidance regarding withholding and withdrawing life-prolonging treatment in the infant and termination of pregnancy for fetal malformation. We provide summaries of the key cases. The framework provided by professional bodies and the law in this difficult area stresses the importance of good and frequent communication between different professional groups and parents with early recourse to second opinions if a difference of view emerges. Legal proceedings should be used only as a last resort.

  17. The Legal and Policy Framework for Waste Disposition - Legal and policy framework for low level waste treatment and disposal

    International Nuclear Information System (INIS)

    Leech, Jonathan

    2014-01-01

    UK policy and strategy for the management of LLW has changed significantly in recent years, not least through development and implementation of the 'UK Strategy for the Management of Solid Low Level Radioactive Waste from the Nuclear Industry' as part of the UK Nuclear Decommissioning Authority's mission. This has influenced all aspects of LLW management in the UK, including metals recycling and VLLW disposal. The paper will outline the legal context for these changes in the UK and highlight how international conventions and legal frameworks have influenced these developments. In particular, the paper will look at the following important influences on choices for recycling and disposal of LLW and VLLW. - The Paris and Brussels Conventions on third party liabilities for nuclear damage; - on-going work to implement the 2004 Protocols to those conventions, including the impact on disposal sites and proposals to exclude VLLW disposal sites from liabilities regimes; - The Revised Waste Framework Directive and Waste Hierarchy; - Relevant European pollution prevention and control legislation and Best Available Techniques. (author)

  18. Dealing With Legal Loopholes and Uncertainties Within EU Public Procurement Law Regarding Framework Agreements

    DEFF Research Database (Denmark)

    Andrecka, Marta

    2016-01-01

    the clarification of the governing rules and the introduction of further guidelines. Unfortunately, clarifications were not fully provided in the new Directive 2014/24/EU. This article is a study of legal loopholes and uncertainties that occur during public procurement of framework agreements as a result of current...... EU rules and national practices in Denmark and the United Kingdom. The article highlights the need for clarification of the existing rules and introduction of transparency to the subsequent call-off stage of framework agreements. To achieve study aims, three methods were applied: a doctrinal analysis...

  19. The National Legal Framework of the United States

    International Nuclear Information System (INIS)

    Crosland, Martha S.

    2017-01-01

    Ms Crosland presented the United States legal framework regarding public participation. Under the Administrative Procedure Act, the primary way of conducting public participation is through 'notice and comment rulemaking'. A proposed rule is published in the Federal Register and is open to comment by the general public; the final publication of the rule includes the answers to the comments received. The various agencies in the United States make use of several digital tools to expand effective public participation and manage the process. The Atomic Energy Act established an adjudicatory process including 'trial-type' hearings, providing participation opportunities to any individual or group whose interests may be affected by a Nuclear Regulatory Commission licensing action. The National Environmental Policy Act requires several levels of review for all actions with potentially significant environmental impacts. An environmental assessment (EA) is conducted, to determine whether there is no significant impact or if a more detailed environmental impact statement (EIS) is needed. The EA requires notification of the host state and/or tribe, and the agency in charge has discretion as to the level of public involvement. The EIS requires public notification, a period for public comments on the draft EIS, and at least one public hearing. Ms Crosland presented stakeholder involvement initiatives carried out beyond the legal requirements, such as Citizen Advisory Boards at certain Department of Energy nuclear sites or the National Transportation Stakeholders Forum

  20. The contractual and legal framework for petroleum exploration in Cameroon

    International Nuclear Information System (INIS)

    Ndi, George

    1992-01-01

    Cameroon has been a producer and net exporter of oil now for almost 15 years, although the country remains a minor player in the international oil industry. However, with its privileged location on the West African coast and an offshore oil industry which is centred on the Gulf of Guinea, Cameroon has been, and remains, a regional oil producer of some importance. This article sets out to analyse the legal aspects of the commercial exploitation of oil in Cameroon by examining the applicable law, exploration/production contracts, and the fiscal regime. Its purpose is to try to provide a setting which facilitates a proper understanding of the legal frame-work in which the petroleum industry operates in Cameroon, as well as an indication of the direction of government policy towards the further development and expansion of the industry. But first, it will be useful to begin the discussion with an examination of the role of petroleum production in the national economy. (author)

  1. International Humanitarian Law: The legal framework for humanitarian forensic action.

    Science.gov (United States)

    Gaggioli, Gloria

    2018-01-01

    In armed conflicts, death is not an exceptional occurrence, but becomes the rule and occurs on a daily basis. Dead bodies are sometimes despoiled, mutilated, abandoned without any funeral rite and without a decent burial. Unidentified remains may be counted by hundreds or thousands. As a result, families look for years for missing relatives, ignorant of the fate of their loved ones. International Humanitarian Law, also called the laws of war or the law of armed conflict, is an international law branch, which has been developed to regulate and, as far as possible, to humanize armed conflicts. It contains a number of clear and concrete obligations incumbent to belligerent parties on the management of dead bodies, which provide the legal framework for humanitarian forensic action. The purpose of this article is to present, in a simple and concise manner, these rules with a view to extrapolate some key legal principles, such as the obligation to respect the dignity of the dead or the right to know the fate of relatives, which shall guide anyone dealing with human remains. Copyright © 2017 Elsevier B.V. All rights reserved.

  2. The legal framework in Spain for a nuclear programme

    International Nuclear Information System (INIS)

    Santos, A. de los; Corretjer, L.

    1977-01-01

    The introduction of a nuclear programme requires the establishment of an adequate legal framework, as solutions to the problems posed by the use of nuclear energy are not included in Common Law. Legislation in Spain is capable of dealing with the main problems posed in this field. Spain is a contracting party in several international conventions and participates in international organizations related to this area, taking their recommendations into account when revising its national legislation. Specific Spanish legislation is constituted by Law 25/1964 of 29 April 1964 on Nuclear Energy, which outlines the legal system regarding nuclear energy and regulates all related aspects, from the competent organizations and authorities to the sanctions to be imposed for non-fulfilment of the provisions. To offer sufficient flexibility for it to be adapted to specific circumstances, the Law's provisions are very wide and development is foreseen by means of regulations. So far, two Regulations have been published: that relating to Coverage of Risk of Nuclear Damage, which refers to civil responsibility and its coverage; and that relating to Nuclear and Radioactive Installations, which refers to the authorization and licence system. At present, the regulation relating to Radiation Protection is being elaborated and will replace the present Radiation Protection Ordinances. In addition, reference is made to others which, although they are not specifically 'nuclear', include precepts related to this question, such as the Regulation regarding Nuisance, Unhealthy or Dangerous Industries or some labour law provisions. (author)

  3. The legal framework for wellsite abandonment and reclamation in Alberta

    International Nuclear Information System (INIS)

    Gilmour, B.S.

    1997-01-01

    The legislative framework for wellsite reclamation in Alberta was discussed. The legal requirements that impact on wellsite abandonment and reclamation, with emphasis on the Oil and Gas Conservation Act (OGCA) and the Environmental Protection and Enhancement Act (EPEA) were described. In 1994, the Orphan Well fund was established to ensure that wells are properly abandoned in those cases where participants are insolvent. The fund is financed by the petroleum industry. The regulatory requirements for wellsite abandonment are found in the OGCA and the Well Abandonment Guide 20 which provides explicit procedures for both open-hole and cased-hole abandonment. Liability for contaminated sites exists under the contaminated sites provision of the EPEA. Amendments to the OGCA provide for more supervision over licence transfers and the granting of licences to first-time licensees

  4. Operating within the legal and ethical framework to gain co-operation when imaging paediatric patients

    International Nuclear Information System (INIS)

    Harvey-Lloyd, Jane M.

    2013-01-01

    This paper discusses the challenges faced by radiographers when imaging children. Using Maslow's Hierarchy of Needs as a framework it presents a logical exploration of the complex issues associated with imaging children and considers the legal and ethical framework alongside the nature of motivation and importance of gaining cooperation of the child and their carer(s). It is evident that a good knowledge of child development, child psychology and distraction techniques would enhance the family experience when attending for imaging examinations. Radiographers must continually familiarise themselves with current legislation affecting their practice and ensure that they continue to provide an optimum service for children and their carer(s). It may be advisable for post-registration courses to be offered to existing practitioners and for the Society and College of Radiographers to consider appointing a professional officer with expertise in paediatric imaging to offer legal advice and to support safe practice

  5. International Legal Framework for Denuclearization and Nuclear Disarmament -- Present Situation and Prospects

    Energy Technology Data Exchange (ETDEWEB)

    Gastelum, Zoe N. [Pacific Northwest National Lab. (PNNL), Richland, WA (United States); OECD NEA International School of Nuclear Law, Paris (France)

    2012-12-01

    This thesis is the culminating project for my participation in the OECD NEA International School of Nuclear Law. This paper will begin by providing a historical background to current disarmament and denuclearization treaties. This paper will discuss the current legal framework based on current and historical activities related to denuclearization and nuclear disarmament. Then, it will propose paths forward for the future efforts, and describe the necessary legal considerations. Each treaty or agreement will be examined in respect to its requirements for: 1) limitations and implementation; 2) and verification and monitoring. Then, lessons learned in each of the two areas (limitations and verification) will be used to construct a proposed path forward at the end of this paper.

  6. European perspective and legal framework of death penalty

    Directory of Open Access Journals (Sweden)

    Rudolf Hnidka

    2016-11-01

    Full Text Available Purpose and Originality: The purpose of this research is to find out what is European union doing for the abolition of the death Method: We used analytical and descriptive method and collected data mainly from EU´s online official sources on legal framework of the death penalty and organized them in chronological order as they entered in to legislation in the following chapters. Results: Based on the theoretical explanation of the issue of the death penalty and with outlining of basic international and European treaties on the death penalty, we concluded that the EU in the issue of the death penalty creates its own contracts and demarches and through their action plans and public statements is trying to regulate and gradualy eliminate the death penalty from legislation of individual states. Society: In the 21st century the death penalty is quite often used but also abused and it is important as far as it is possible to enlighten the public with this issue Limitations / further research: It is close to impossible to gather direct sources especialy from the states where this issue is of highest importance and the resources they are providing are distorted

  7. Investment Activities within the Legal Framework of the World Trade Organization

    Directory of Open Access Journals (Sweden)

    Gulnara Ruchkina

    2015-01-01

    Full Text Available This article contains an analysis of legal regulation of investment activities within the framework of the WTO. It considers factors that promote the establishment of a favorable investment climate, including the availability of special legislation, an efficient law enforcement practice and, as noted by many experts, availability and clarity of the judicial mechanism for the protection of violated rights. Recent foreign experience is analyzed and some issues of investment dispute settlement are considered. The article also deals with issues concerning the formation of competitive relations that, in their turn, also constitute an important factor of a state’s investment appeal.Investment activities constitute a popular type of entrepreneurial activity. Every state, regardless of where it is located or its level of economic development, aims to increase its investment activities and raise foreign investment inflow. To do this they adopt national regulatory acts and sign bilateral agreements, multilateral agreements, and execute international legal acts in the area of investment activities. This results in the need for examination of legal regulation in this area. Russia joining the WTO has resulted in regular revisions of current legal regulation, in particular in the law on foreign investments.

  8. 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

  9. 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.

  10. Belief and legal philosophy: a conceptual framework for Christian scholarship in undergraduate legal education

    Directory of Open Access Journals (Sweden)

    S. de Freitas

    2009-07-01

    Full Text Available Legal education in South Africa has arrived at a discursive juncture that demands clarity on what the “purpose” of legal education should be. Debate on the purpose of legal education, more specifically for the Christian law student, becomes especially important in a society dominated by positivism, mate-rialism and pragmatism. With specific reference to the under-graduate Christian law student, this article firstly explains that the purpose of legal education should include the nurturing of the student’s belief – a belief encompassing his/her foun-dational perspective(s on reality. Secondly, in order to achieve the proper nurturing and development of the Christian law student’s belief, the importance of the teaching of legal philo-sophy is explained. In this regard, proposals are postulated pertaining to specific means by which such nurturing and development of the undergraduate Christian law student’s foundational belief can be attained.

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

    Directory of Open Access Journals (Sweden)

    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

  12. Nuclear energy and Indian society: Public engagement, risk assessment and legal frameworks - Summary of the proceedings

    International Nuclear Information System (INIS)

    Kini, Els Reynaers; Dipankar Bandyopadhyay, I.; Kanwar, Bhanudey

    2014-01-01

    The Nuclear Law Association (NLA) has organised its 3. Annual Meeting with the specific aim to deliberate on public engagement, consultation and acceptance of nuclear energy projects. The meeting further aimed to seek a better understanding of the necessary legal framework for a safe nuclear energy program in India. The themes covered by the conference were: Public engagement, consultation and acceptance; Nuclear energy safety and public discourse; Case studies from India on public engagement; Land acquisition and EIA in India; Safety regulations and its enforcement; Nuclear regulatory institutions; Siting, consent and project execution; Nuclear liability and compensation. The meeting was organised in 3 sessions dealing with: 1 - Public engagement, consultation and acceptance of nuclear projects: - Sociological context of public engagement and consultation, - Current state of affairs and new approaches to public consultation, - Case studies from new green field nuclear project sites, - Public opinion and acceptability for nuclear energy projects, - Role of State, NGOs and Public; 2 - Vales, Attitudes and Acceptability - Lessons from other countries: - Fukushima and nuclear energy choices, - Social dimensions of nuclear power, - Public engagement, acceptance and regulatory process, - Management of HLW. 3 - Legal Framework for a Safe and Secure Nuclear Energy Program: - Safety regulations and its enforcement, - Nuclear regulatory institutions, - Siting, consent and project execution, - Environmental impact assessments and plans, - Nuclear liability and compensation. Several of the papers presented will be published in the Journal of Risk Research in early 2015 as part of the Special Issue on Nuclear Energy and Indian Society: Public Engagement, Risk Assessment and Legal Frameworks. This article is the summary of the proceedings

  13. Neuroscience Data and Tool Sharing: A legal and policy framework for neuroinformatics

    Czech Academy of Sciences Publication Activity Database

    Eckersley, P.; Egan, G.F.; de Schutter, E.; Yiyuan, T.; Novák, Mirko; Šebesta, Václav; Mathiessen, L.; Jaaskelainen, I.P.; Ruotsalainen, U.; Herz, A.V.M.; Hoffmann, K.P.; Ritz, R.; Ravindranath, V.; Beltrame, F.; Amari, S.; Usui, S.; Lee, S. Y.; van Pelt, S.; Bjaalie, J.G.; Wrobel, A.; da Silva, F.M.; Gonzales, C.; Grillner, S.; Verschure, P.; Dalkara, T.; Bennett, R.; Willshaw, D.; Koslow, S.H.; Miller, P.L.; Subramanian, S.; Toga, A.W.

    2003-01-01

    Roč. 1, č. 2 (2003), s. 149-165 ISSN 1539-2791 Source of funding: V - iné verejné zdroje Keywords : neuroscience * neuroinformatics * legal frameworks * collaborative research Subject RIV: IN - Informatics, Computer Science

  14. [Legal framework and strategy of the tobacco industry in relation to tobacco advertising in Spain].

    Science.gov (United States)

    Elder, J; Cortés Blanco, M; Sarriá Santamera, A

    2000-01-01

    Publicity is legally regulated in Spain, in order to avoid its misuse. Tobacco publicity is also under those regulation, having had the companies operating in this sector to adapt themselves through new strategies. In this work, the legal restrictions existing in Spain regarding publicity are analyzed, together with some of the strategies developed by tobacco companies in order to elude them. In this sense, and despite of the existing legal framework, it should be noticed that tobacco companies are cleverly taking advantage of the existence of legal loopholes in tobacco publicity to promote their products.

  15. The legal framework for nuclear power stations in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Schmidt-Preuss, M.

    2008-01-01

    Within the range of the power generation the part of nuclear energy amounts 22 % in Germany in the year 2007. The author of the contribution under consideration describes the legal framework for nuclear power stations in the Federal Republic of Germany. The following aspects are described: (a) The atomic law and the completion of the power generation from nuclear energy; (b) The disposal of nuclear wastes; (c) The Euratom contract; (d) The institutional framework for the execution of the atomic energy law; (e) Legal protection opposite atom legal sovereignty documents; (f) future of the atomic law; (g) European Union-Russian partnership agreement and cooperation agreement. In order to guarantee a sustainable power supply for the production of goods and services in a national economy, also the legal framework for nuclear power stations in Germany must be realized

  16. Do legal frameworks direct merger outcomes? A study of the legal ...

    African Journals Online (AJOL)

    This article traces the legal challenges and contestations embedded in five recent cases of higher education mergers in South Africa. I am aware that there are a number of forms of mergers. For the purposes of this article I use the term as one that is descriptive of a policy decision. Where necessary I make a brief distinction ...

  17. Economic and legal conceptual framework of viral marketing

    Directory of Open Access Journals (Sweden)

    Kostić Marija

    2015-01-01

    Full Text Available Electronic and online communications are modern, and perhaps the most common form of communication between individuals and legal entities, and thus have become one of the most used ways of market communication. Viral marketing is evolving into the dominant form of marketing and exchange of information for the purpose of advertising, promoting, or achieving other goals. In this paper we present and analyse the phenomenon of viral marketing-its purpose, effects, and power of influence, and discuss it in terms of ethical and legal standards. Special emphasis is placed on the right to privacy and personal data protection, harassment, acting in good faith and in accordance with good business practices, the presentation of false or fraudulent information. The advantages and disadvantages of this type of marketing activity have been observed.

  18. Legal Framework of the Water Sector in Vietnam

    OpenAIRE

    Nguyen, Thi Phuong Loan

    2010-01-01

    Since 1986 and especially during the early 90s, environmental protection has become a constitutional principle in Vietnam as regulated by Articles 17 and 29 of the 1992 Constitution. The first Law on Environmental Protection, passed by the National Assembly on December 27, 1993 created a foundation for environmental legislation becoming an important field in Vietnam’s legal system. In the following, in January 1999, Vietnam enacted its very first Law on Water Resources (No. 08/1998/QH10) aimi...

  19. Economic and legal conceptual framework of viral marketing

    OpenAIRE

    Kostić Marija; Jovanović-Tončev Melita; Džamić Vladimir; Knežević Miroslav

    2015-01-01

    Electronic and online communications are modern, and perhaps the most common form of communication between individuals and legal entities, and thus have become one of the most used ways of market communication. Viral marketing is evolving into the dominant form of marketing and exchange of information for the purpose of advertising, promoting, or achieving other goals. In this paper we present and analyse the phenomenon of viral marketing-its purpose, effects, and power of influence, and disc...

  20. 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...

  1. Study of the legal and regulatory framework applicable to the participative financing of renewable energies

    International Nuclear Information System (INIS)

    Poize, Noemie; Milin, Christophe; Guillerminet, Marie-Laure; Galiano, Mila

    2015-12-01

    In the context created by the French law on energy transition and green growth, this study addresses participative projects which are levers for the financing of renewable energy production, and also contribute to the local dimension of projects. More precisely, the authors focus on participative projects in which a financial participation of citizen and/or local communities is present, with or without access to governance, directly or indirectly. The authors first propose a typology of these projects, based on existing initiatives, and then an overview of the legal and regulatory framework in effect before the law on energy transition. They comment and discuss articles contained by this law which address citizen participation. They discuss their impact on the current project typology

  2. Legal and Regulatory Frameworks for Decommissioning and Waste Management

    International Nuclear Information System (INIS)

    Leech, Jonathan

    2016-01-01

    Safe and efficient decommissioning and waste management requires clear structures for allocating responsibility and funding. Organisation of decommissioning and waste management activities and the regulatory environment within which those activities are undertaken should also allow the supply chain to prosper and, wherever possible, reduce barriers to international availability of resources and waste facilities. Radioactive waste treatment and disposal in particular raises both legal and political challenges to effective international co-operation, yet options for decommissioning and waste management are maximised where international barriers can be minimised. Added to this, international nuclear liabilities issues must be managed so as to avoid unnecessary deterrents to international mobility of capability within the decommissioning market. Contractual terms and insurance arrangements for international shipments of nuclear waste and materials will also need to take into account imminent changes to liabilities conventions, ensuring compliance and management of compliance costs (of both insurance and management time). This paper explores legal and commercial structures intended to support effective decommissioning and waste management and examines regulatory and commercial factors affecting the ability of facility operators to utilise internationally available capability. It focusses on: - strategic approaches developed in the UK to address decommissioning and waste management liabilities associated with the UK's first and second generation civil nuclear sites and comparison of those approaches with other jurisdictions with significant decommissioning liabilities; - liability and compliance risks associated with navigating international nuclear liabilities regimes in context of both mobility of decommissioning capability and international waste shipment; and - regulatory issues affecting international availability of waste treatment facilities, including

  3. Strengthening the Legal and Regulatory Framework of the Tobacco ...

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

    The majority of African countries South of Sahara are at the first stage of the tobacco epidemic, but tobacco consumption is increasing rapidly. Aware of the worldwide threat, the World Health Organization (WHO) initiated the Framework Convention on Tobacco Control (FTCT) and the majority of African countries have ...

  4. Protection of the African Lion: A Critical Analysis of the Current International Legal Regime

    Directory of Open Access Journals (Sweden)

    Samantha Watts

    2016-04-01

    Full Text Available This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries. This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species

  5. [Current issues in legal cases of compensation for healthcare malpractice].

    Science.gov (United States)

    Heiner, Tamás; Barzó, Tímea

    2014-09-21

    dogmatic and practical problems related to this topic. Another important area of current analysis is the institution of injury fees, which replaced the reimbursement of non-pecuniary damages. The mere fact of infringement allows setting injury fees. Taking into consideration the current resources in staff and equipment available in healthcare, this regulation may promote claims for injury fees impartial. Consequently, courts will have to apply other criteria when judgment in 'trivial cases', which might not require legal assessment, is delivered.

  6. 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.

  7. Strengthening the international legal framework for nuclear security: Better sooner rather than later

    International Nuclear Information System (INIS)

    Wetherall, Anthony C.

    2016-01-01

    In this 21. century global environment, the threat of terrorists or other criminals eventually acquiring and using radioactive material for malicious purposes or sabotaging such material or associated facilities, could be calculated as being an inevitable, albeit a preventable catastrophe. Much has been done to address this situation, such as the International Atomic Energy Agency (IAEA) now having a recognised central role in strengthening nuclear security globally. However, concerns still remain regarding the adequacy of the global nuclear security architecture, consisting of legally binding and non-binding instruments, intergovernmental organisations (IGOs), bodies and various initiatives, as well as internationally-accepted guidance and best practices, such as those reflected in the IAEA Nuclear Security Series of publications. Issues arise with respect to the adequacy of the international framework for nuclear security and the level of effective national implementation thereof. Highlighted in this regard, is a lack of universal adherence to the international nuclear security legal instruments, an absence of sustained information sharing (particularly on national implementation) and the non-existence of binding nuclear security standards and mandatory peer review and assessment. This article examines the framework's adequacy, its gaps and weak links, as well as the measures proposed to strengthen it. Part 1 considers some past and recent events, efforts, and developments that have contributed to the current status. Thereafter, the purported gaps and weak links and proposed strengthening measures are identified. While acknowledging progress, it is assumed that some overarching considerations, particularly national sovereignty, secrecy and complacency, continue to restrictively influence and determine the extent of state behaviour. Accordingly, these considerations are also briefly addressed in Part 1. Thereafter, Part 2 provides a concise overview of the current

  8. Disaster risk profile and existing legal framework of Nepal: floods and landslides

    Directory of Open Access Journals (Sweden)

    Gaire S

    2015-09-01

    Full Text Available Surya Gaire, Rafael Castro Delgado, Pedro Arcos González Unit for Research in Emergency and Disaster, Department of Medicine, University of Oviedo, Campus del Cristo, Oviedo, Asturias, SpainAbstract: Nepal has a complicated geophysical structure that is prone to various kinds of disasters. Nepal ranks the most disaster-prone country in the world and has experienced several natural calamities, causing high property and life losses. Disasters are caused by natural processes, but may be increased by human activities. The overall objective of this paper is to analyze the disaster risk profile and existing legal framework of Nepal. The paper is based on secondary data sources. Major causative factors for floods and landslides are heavy and continuous rainfall, outburst floods, infrastructure failure, and deforestation. Historical data of natural disasters in Nepal show that water-induced disasters have killed hundreds of people and affected thousands every year. Likewise, properties worth millions of US dollars have been damaged. There is an increasing trend toward landslides and floods, which will likely continue to rise if proper intervention is not taken. A positive correlation between water-induced disasters and deaths has been observed. Nepal has a poor Index for Risk Management (INFORM. There are fluctuations in the recording of death data caused by flood and landslides. The Government of Nepal focuses more on the response phase than on the preparedness phase of disasters. The existing disaster management act seems to be weak and outdated. There is a gap in current legal procedure, so the country is in dire need of a comprehensive legal framework. The new proposed act seems to take a much broader approach to disaster management. With a long-term vision of managing disaster risk in the country, the Government of Nepal has begun the Nepal Risk Reduction Consortium (NRRC in collaboration with development and humanitarian partners. In order to

  9. The parameters of the current legal framework for health research ...

    African Journals Online (AJOL)

    2013-11-02

    Nov 2, 2013 ... Health research. Health research is defined very broadly in section 1 of the NHA, as ... national ethical guidelines issued by the Department of Health define research as a ... This definition suggests that section 71 only applies to studies ... nursing, rehabilitative, palliative, convalescent, preventative or other.

  10. 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.

  11. Perspective Reforms for Approximation of the Ukrainian Legal Framework for Telecommunications

    DEFF Research Database (Denmark)

    Batura, Olga; Kretova, Olga A.

    2016-01-01

    This article studies Ukrainian legal and regulatory rules for telecommunications services markets against the backdrop of Ukrainian commitments under the GATS and especially the Association Agreement with the EU. The study elucidates to what extent the Ukrainian telecoms regulatory framework comp...

  12. Policy Brief: What is the Legal Framework for Automated Vehicles in Texas?

    Science.gov (United States)

    2017-11-01

    During the 85th Texas Legislature in 2017, Texas enacted a law related to automated vehicles. The bill, SB 2205, creates the legal framework for automated vehicle operation and testing in Texas. Although this law addresses a number of issues that can...

  13. International legal framework for geoengineering: Managing the risks of an emerging technology

    NARCIS (Netherlands)

    Du, Haomiao

    2016-01-01

    The present book “International Legal Framework for Geoengineering – Managing the Risks of an Emerging Technology” is about international law and an emerging technology called geoengineering, which refers to the large-scale manipulation of the planetary environment for counteracting anthropogenic

  14. The Legal Framework for Groundwater Allocation in Quebec: Towards Integrated Water Management

    Directory of Open Access Journals (Sweden)

    Hugo Tremblay

    2008-09-01

    Full Text Available This paper aims at providing a model of the legal framework for groundwater allocation in the province of Quebec (Canada, identifying its potential deficiencies and suggesting possible improvements. In Quebec, groundwater is a res communis. The right to use it is tied to real estate property. This right forms the basis of the legal framework for the management of groundwater quantity. However, according to statutory law, the actual use of groundwater also depends on governmental authorisations that limit quantities used. The main statutory instrument for managing the resource is the Groundwater Catchment Regulation (GWCR, which aims at conflict prevention between first users and new users by means of governmental authorisations. In agricultural areas, an additional authorisation regime indirectly prioritises agricultural groundwater uses. Finally, legal mechanisms addressing conflicts between water users rely on the general litigation framework provided by Quebec law without establishing an order of priority for the different uses of the resource. According to Integrated Water Resources Management, four aspects of the legal framework for groundwater quantity management can be modified to increase the efficiency of the allocation regime: 1 provisions should be made to preserve a residual environmental flow; 2 an order of priority should be established between the different uses to minimise conflict; 3 the scope of the regime should be extended to all groundwater users to increase its efficiency; 4 stakeholders should participate in the management of the resource.

  15. Prevention of Human Trafficking in Ethiopia: Assessing The Legal Framework

    Directory of Open Access Journals (Sweden)

    Zelalem Shiferaw Woldemichael

    2017-12-01

    Full Text Available Recent findings have indicated that both in-country trafficking (trafficking of individuals from rural areas to relatively affluent towns and cities and external trafficking (trafficking of individuals from a given country to foreign countries are prevalent in Ethiopia. In 2012, the government acceded to the Protocol to Suppress and Punish Trafficking in Persons Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime (The UN Trafficking Protocol, here after. With a view to giving effect to the requirements of this instrument, the government passed in to law Proclamation No. 909/2015 (The Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation, which is the most comprehensive of all laws adopted in Ethiopia to deal with human trafficking. Taking in to account the fact that human trafficking is exacerbated by the absence of regulatory framework on the employment of Ethiopian nationals in foreign countries, the govern-ment has also brought in to practice Proclamation No. 923/2016 (Ethiopia’s Overseas Employment Proclamation. This article has examined whether the above-mentioned laws of Ethiopia comply with international standards in dealing with prevention strategies.

  16. A Current Logical Framework: The Propositional Fragment

    National Research Council Canada - National Science Library

    Watkins, Kevin

    2003-01-01

    We present the propositional fragment CLF of the Concurrent Logical Framework (CLF). CLF extends the Linear Logical Framework to allow the natural representation of concurrent computations in an object language...

  17. Capacity of the legal framework of public health institutions in Mexico to support their functional integration

    Directory of Open Access Journals (Sweden)

    Ignacio Ibarra

    2013-05-01

    Full Text Available Objective. Evaluate the capacity of the federal legal framework to govern financing of health institutions in the public sector through innovative schemes –otherwise known as functional integration–, enabling them to purchase and sell health services to and from other public providers as a strategy to improve their performance. Materials and methods. Based on indicators of normative alignment with respect to functional integration across public health provider and governance institutions, content analysis was undertaken of national health programs and relevant laws and guidelines for financial coordination. Results. Significant progress was identified in the implementation of agreements for the coordination of public institutions. While the legal framework provides for a National Health System and a health sector, gaps and contradictions limit their scope. The General Register of Health is also moving forward, yet it lacks the necessary legal foundation to become a comprehensive tool for integration. The medical service exchange agreements are also moving forward based on tariffs and shared guidelines. However, there is a lack of incentives to promote the expansion of these agreements. Conclusions. It is recommended to update the legal framework for the coordination of the National Health System, ensuring a more harmonious and general focus to provide functional integration with the needed impulse.

  18. [The 20th century legal framework regarding risk at work and occupational health in Colombia].

    Science.gov (United States)

    Arango-Soler, Juan M; Luna-García, Jairo E; Correa-Moreno, Yerson A; Campos, Adriana C

    2013-01-01

    Analyzing the 20th century Colombian legal framework from the point of view of labor law, social security and public health for identifying concepts regarding occupational health and professional risk and trying to establish convergence and differences between such foci and whether they fulfilled a complementary view. This work involved documentary research by means of thematic categorical analysis of the laws and statutes promulgated in 20th century Colombia, considering the main element or entity which should have regulated that related to professional risk or occupational health. The development of the 20th century Colombian legal framework regarding health at work was periodized, revealing the predominance of a view of social law focused on protecting dependent workers' work-related risks, as part of a tendency extending to the Colombian Sistema General de Riesgos Laborales. The proposed stages used for organizing the legal framework concerning social security regarding professional risk and occupational health facilitated some important elements being recognized concerning the social, legal and institutional context from which workers' health laws emerged. Tension was noted concerning statutes orientated towards redress and compensation regarding accidents at work and legislation emphasizing prevention.

  19. The current legal situation relating to food irradiation as assessed by the Land Government

    International Nuclear Information System (INIS)

    Frede, W.

    1994-01-01

    Discussed is the current legal situation of food irradiation procedures as assessed by the Government of Northrhine-Westfalia. The topics highest on the agenda are the unrestrained exchange of merchandise within the Internal Market and the problems arising from deviating legal stipulations in the individual EU member states. (vhe) [de

  20. 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.

  1. Selected aspects of proposed new EU general data protection legal framework and the Croatian perspective

    Directory of Open Access Journals (Sweden)

    Nina GUMZEJ

    2013-12-01

    Full Text Available Proposed new EU general data protection legal framework profoundly affects a large number of day-to-day business operations of organizations processing personal data and calls for significant effort on their part toward the necessary legal-regulatory compliance. In this paper the author examines key legislative developments towards this new EU frame and impact for the Republic of Croatia as the youngest EU Member State. Following introductory overview, legal analysis of draft EU General Data Protection Regulation as proposed by the European Commission and recently adopted amendments by the European Parliament mainly focuses on selected solutions impacting national data protection supervisory authorities. This is complemented with examination of relevant sources of EU law, including the case law of the Court of Justice of the European Union. Assessment of results of this research is next made with respect to prospects of the data protection legal framework of the Republic of Croatia. The paper is concluded with the author’s critical overview of analyzed EU proposals impacting national data protection supervisory authorities in light of EU pivotal goals, and de lege ferenda proposals to timely address identified obstacles towards more adequate enforcement of data protection legislation in Croatia.

  2. An international comparison of legal frameworks for supported and substitute decision-making in mental health services.

    Science.gov (United States)

    Davidson, Gavin; Brophy, Lisa; Campbell, Jim; Farrell, Susan J; Gooding, Piers; O'Brien, Ann-Marie

    2016-01-01

    There have been important recent developments in law, research, policy and practice relating to supporting people with decision-making impairments, in particular when a person's wishes and preferences are unclear or inaccessible. A driver in this respect is the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the implications of the CRPD for policy and professional practices are currently debated. This article reviews and compares four legal frameworks for supported and substitute decision-making for people whose decision-making ability is impaired. In particular, it explores how these frameworks may apply to people with mental health problems. The four jurisdictions are: Ontario, Canada; Victoria, Australia; England and Wales, United Kingdom (UK); and Northern Ireland, UK. Comparisons and contrasts are made in the key areas of: the legal framework for supported and substitute decision-making; the criteria for intervention; the assessment process; the safeguards; and issues in practice. Thus Ontario has developed a relatively comprehensive, progressive and influential legal framework over the past 30 years but there remain concerns about the standardisation of decision-making ability assessments and how the laws work together. In Australia, the Victorian Law Reform Commission (2012) has recommended that the six different types of substitute decision-making under the three laws in that jurisdiction, need to be simplified, and integrated into a spectrum that includes supported decision-making. In England and Wales the Mental Capacity Act 2005 has a complex interface with mental health law. In Northern Ireland it is proposed to introduce a new Mental Capacity (Health, Welfare and Finance) Bill that will provide a unified structure for all substitute decision-making. The discussion will consider the key strengths and limitations of the approaches in each jurisdiction and identify possible ways that further progress can be made in law, policy

  3. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations

    International Nuclear Information System (INIS)

    Buckler, Julius

    2016-01-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [de

  4. Unaccompanied & Denied: Regional Legal Framework for Unaccompanied Minors Asylum Seekers (UMAS

    Directory of Open Access Journals (Sweden)

    Rohaida Nordin

    2015-12-01

    Full Text Available Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on thereceiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and supportmechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMASinternationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia and five ASEAN State Members. This article also highlights the various stands taken by various countries providing better legal framework and practices regarding the terms for protection and enforcement of human rights for UMAS. Finally, this article provides recommendations for Australia and ASEAN Member States to adopt in order to realise the international human rights of UMAS with respect to guardianship.

  5. Legal and financial framework of photovoltaic self-consumption. German experience feedback

    International Nuclear Information System (INIS)

    Persem, Melanie

    2013-01-01

    This document presents some key information and figures about photovoltaic self-consumption in Germany: coverage on electricity needs, companies behaviour with respect to self-consumption, legal definition of self-consumption, evolution of the regulatory framework during the last years, financial incentives and benefits for households, 2009-2014 progress of self-consumption and future prospects, opportunities and challenges for citizens and companies, economic impact on grids financing and maintenance

  6. Post-market monitoring: legal framework in Brazil and first results

    OpenAIRE

    Marcia A. Melo; Ederson A. Kido; Paulo P. Andrade

    2010-01-01

    Brazil is presently (2010) the second largest producer of Genetically Modified (GM) crops. The legal framework to support both research activities and the commercial release of Genetically Modified Organisms (GMOs) is, however, very recent, as the Biosafety Law dates back from 2005. After the indispensable risk analysis, done by National Technical Committee for Biosafety (CTNBio), a GM plant can be approved for commercial release. Nevertheless, as stated in the Normative Resolution nr. 5 (NR-...

  7. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  8. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Arabic Edition)

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  9. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Spanish Edition)

    International Nuclear Information System (INIS)

    2010-01-01

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered

  10. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (French Edition)

    International Nuclear Information System (INIS)

    2010-01-01

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered

  11. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Chinese Edition)

    International Nuclear Information System (INIS)

    2010-01-01

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered

  12. Analyse of The Legal Framework in Colombia for implementation of Bioprospecting Practices

    International Nuclear Information System (INIS)

    Duarte, Oscar; Velho Lea

    2008-01-01

    The practice of bioprospecting is inherently linked with traditional knowledge and practices of local communities in the South as well as with the commercial activities of industries (e.g., pharmaceutics sector, agriculture) in the North. A series of actors operate at this interface, such as Non-Governmental Organizations (NGOs), Research Centers, Universities, Science and Technology sponsor institutions and the State. As these actors have divergent interests and powers of negotiation, an appropriate regulatory framework is necessary to regulate their interaction. This paper analyzes the existing legal framework in a mega-diverse country, like Colombia, for implementation of bioprospecting practices. The research consisted of two key components: (i) A review of the state of art of bioprospecting; (ii) A work in situ in Colombia, which consisted of analysis of information and genetic resources related to bioprospecting, participation in the implementation of a legal frame for bioprospecting practices and interviews with Colombian professionals in the field of biodiversity conservation. Our research determined that: (i) national authorities encounter a multitude of difficulties to implement a legal framework in Colombia, especially the Andean regional normativity; (ii) the execution of research projects related to bioprospecting in Colombia faces numerous challenges

  13. A critical review of legal framework as a factor of coops development: Case of Serbia

    Directory of Open Access Journals (Sweden)

    Petković Goran

    2016-01-01

    Full Text Available Contemporary cooperative movement must rest on the original cooperative principles that were confirmed and modernized by the Congress of International Co-Operative Alliance held in Manchester in 1995. Development of coops legislative framework in Serbia has a long history and presently the matter of cooperatives is governed by the federal Law on Cooperatives adopted in 1996. The text analyzes the extent to which a legislative framework can be an incentive for and/or impediment to cooperatives' operation in Serbia, and what sort of results can be expected from a modernized and improved legal framework. Interview of key players in the coop sector was one of the research methods. Other methods include historical, comparative analysis and case study. The paper includes four parts: a historical and legal background of development of coops in Serbia; b legislative framework; c successful case study and d framework for further development. The paper also analyses cooperatives within the environment of social enterprises and evaluates their role in the social inclusion process.

  14. [Current legal questions in relation to autologous blood transfusion and legally controlled blood donation in Germany].

    Science.gov (United States)

    Biermann, E

    1994-11-01

    If a patient suffers any damage from treatment, the persons involved in transfusion medicine might be made liable according to civil and penal law for violations against the standards prescribed by the codes of performance and ethics of the individual professions. In order to avoid organisational liability, criteria for adequate patient care must be created which regulate facilities and equipment as well as staff. The typical hazards encountered in interdisciplinary cooperation between specialists of various branches of medicine must be counteracted by a constructive division of tasks and responsibilities. The participating physicians are moreover liable within the scope of the German law forbidding so-called 'unlawful interference with the possession of another' in the case of failure to obtain legally binding consent--usually resulting from inadequacies in informing the patient. The landmark decision by the German Federal Court of Justice on instructing patients about the risks of and alternatives to blood transfusions forces all those involved to take the consequences with regard to instructing patients about the risk of transfusions and concerning the implementation of techniques for sparing and replacing allogenic blood.

  15. The EU Legal Framework on Trafficking in Human Beings: Where to from here – the UK Perspective

    Directory of Open Access Journals (Sweden)

    Maria O'Neill

    2011-12-01

    Full Text Available The European Union (EU’s current provisions on the trafficking in human beings (THB are provided for, inter alia, in Council Framework Decision 2002/629/JHA. The Council of Europe have more recent provisions in this area, which are not yet widely in force. The EU has some major proposals for reform of its legal framework in the Stockholm Programme, to include the appointment of an EU Anti-Trafficking Coordinator. In addition, the focus of EU Justice and Home Affairs is shifting to the external relations of the EU under the Stockholm Programme. A critical examination of the EU legal framework in the area of THB from a law enforcement perspective is therefore timely. THB is a highly contentious and complicated area for regulation, with issues such as the support of the victims of trafficking, the particular needs of under-aged trafficked individuals, and the issues of due process when a witness may not be considered to be reliable during court proceedings, complicating operations and prosecutions. In addition the issue of illegal immigration adds a further layer of complication, with the UK maintaining its opt out from the EU’s illegal immigration provisions. This article will, focus on the illegal trafficking of adults against their will, and the consequences of this crime, in particular, for the UK law enforcement authorities.

  16. Equity – Connotations in the Current Romanian Legal System

    Directory of Open Access Journals (Sweden)

    Emilian Ciongaru

    2014-05-01

    Full Text Available The underlying principle of the law, and a source of law – equity – has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society. Therefore, equity has a hermeneutic function, strictly for making interpretations when the legislator so allows it, it is intrinsic to the law and contains all phases of good management and enforcement of justice, being a part of all stages of the legal proceedings, from the application initiating proceeding to the actual implementation of the court decision awarded, regardless of the nature or extent of jurisdiction, and of the nature of the litigation referred for judgment. According to the requirements of equity, the judges have special powers for settling specific cases, namely, they may offer resolutions they consider to be fair and conforming to the interests of the parties involved, which is to be grounded on facts, and not on the positive law.

  17. 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

  18. Legal frameworks of the unconventional exploration of natural gas by means of Fracking; Rechtliche Rahmenbedingungen der unkonventionellen Erdgasfoerderung mittels Fracking

    Energy Technology Data Exchange (ETDEWEB)

    Rossnagel, Alexander; Hentschel, Anja; Polzer, Andreas

    2012-07-01

    ExxonMobile projects the exploration of natural gas from so-called unconventional deposits by means of the hydraulic fracturing procedure (Fracking). In view of the public concerns, ExxonMobile engaged a neutral group of experts to develop the 'risk study Fracting'. This risk study has to investigate the legal framework for the evaluation of the risks and impacts of an unconventional exploration of natural gas by means of Fracking. The legal instruments to control these risks and impacts also are mentioned. The legal framework for the evaluation and for the compensation for damages within the realization of these risks is described. Furthermore, the most important proposals from the legal discussion are reported. Recommendations are drawn up with respect to the improvement of the legal framework and its controlling instruments.

  19. Legal frameworks of the unconventional exploration of natural gas by means of Fracking; Rechtliche Rahmenbedingungen der unkonventionellen Erdgasfoerderung mittels Fracking

    Energy Technology Data Exchange (ETDEWEB)

    Rossnagel, Alexander; Hentschel, Anja; Polzer, Andreas

    2012-07-01

    ExxonMobile projects the exploration of natural gas from so-called unconventional deposits by means of the hydraulic fracturing procedure (Fracking). In view of the public concerns, ExxonMobile engaged a neutral group of experts to develop the 'risk study Fracting'. This risk study has to investigate the legal framework for the evaluation of the risks and impacts of an unconventional exploration of natural gas by means of Fracking. The legal instruments to control these risks and impacts also are mentioned. The legal framework for the evaluation and for the compensation for damages within the realization of these risks is described. Furthermore, the most important proposals from the legal discussion are reported. Recommendations are drawn up with respect to the improvement of the legal framework and its controlling instruments.

  20. The radioactive waste dilemma and the issues for local government: the legal framework

    International Nuclear Information System (INIS)

    Woolley, J.

    1991-01-01

    The regulatory framework applying to the development of a deep depository is explained and some uncertainties are highlighted. The framework's apparent distinction between the ''open'' planning process and the ''closed'' processes of authorisation under the Radioactive Substances Act 1960 and licensing under the Nuclear Installations Act 1965 is considered. The traditional potential for local authority and public involvement in the ''open'' process is contrasted with the traditional absence of such involvement in the ''closed'' process. Legal arguments supporting fuller involvement in the ''open'' process and greater involvement in the ''closed'' process are presented and existing powers are mentioned. The viability of the continued distinction between the ''open'' process and the ''closed'' process of the framework is questioned and the potentially far-reaching impact of the European Directives on environmental assessment and freedom of access to environmental information is discussed in this context. (author)

  1. CONCEPTUAL AND LEGAL FRAMEWORK FOR THE ORGANIZATION OF MANAGEMENT ACCOUNTING AND COST CALCULATION IN INDUSTRY OF MANUFACTURING DAIRY PRODUCTS

    OpenAIRE

    Cristiana Bogdanoiu

    2012-01-01

    According to the legal framework of our country, economic units are responsible for organizing the management accounting adjusted to the specific activity. Economic and social transformations after 1989 led to significant changes in financial accounting, this being in a continuous process of harmonization with the principles, rules, conventions and accounting standards in countries with developed market economy. Legal framework in our country favored and still favors notable changes in accoun...

  2. Accounting software cost management on health and safety, legal framework and areas of improvement

    Directory of Open Access Journals (Sweden)

    K.I. Samchuk

    2017-03-01

    Full Text Available Awareness of human life and health as the highest value is a sign of a civilized society. The economic activity of enterprises accompanied the influence of dangerous and harmful factors. An urgent need for society development and European integration is to create an effective mechanism by which the whole complex will be implemented measures to create conditions that meet the health care workers. The article highlighted media mouthpieces and performers interests of occupational safety, responsibilities entities regarding safety, the place and importance of your support in the management of safety measures, the necessity and directions of its improvement. Improving your security management costs of safety measures based on the determination of the legal framework, which aims to provide legal protection for employees, agencies and organizations, entities in the relationship work.

  3. The principles and values of the social state of law as a legal and political framework for resolving conflicts

    International Nuclear Information System (INIS)

    Valencia Hernandez, Javier Gonzaga

    2008-01-01

    The social state of law is the legal politic framework proposed in the 1991 Constitution, in which Colombians expect to construct a new relationship with nature, based in principles and values such as life, prevalence of general interest over the individual, solidarity, protection of cultural and natural wealth, human dignity and civic participation. The environmental conflicts currently pose a new challenge for the jurists, given that for its comprehension, development and solution proposal it becomes necessary to have a general legal framework and rules of environmental law, as well as principles and values consecrated in the constitution and in other international instruments ratified by Colombia. The participation of an informed, trained and deliberative citizenship, in the resolution of environmental conflicts and in the decisions taken over the environment, will create a dynamic public opinion that will question governors, will manage jointly their own projects and will promote different values from those created from the consumer societies and the individual ownership in the actual states

  4. THE LEGAL FRAMEWORK FOR ENSURING THE STANDARDS OF THE LIVING STANDARDS OF THE POPULATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    Elena Levanda

    2017-11-01

    Full Text Available The purpose of the paper is legal base in the context of the system of ensuring standards of living standards of the population of Ukraine. Methodology. The analysis of normative – legal documents on the basic level of life of different population groups. The legislative field is investigated through the official web portal of the Verkhovna Rada of Ukraine, the State statistics service of Ukraine clarified the period from 1991 to the present. Results. Functioning laws of the last century – outdated, not consistent with the goals of social policy and the contemporary economy. It is important to modernize the laws, concerning basic living standards of the population to the country's foreign policy, according to the EU methodology. Apply state social standard as a tool for poverty reduction, and the perspective tool starter package with a guaranteed standard of living government to its citizens. The practical implications. Different stages of development of economy of independent Ukraine, laid the foundations of the legislative framework of normative documents concerning social protection of the population. A country's legal framework contains a set of laws belonging to the last century, policy and regulatory documents that comply with EU standards. In turn, the regulatory framework has tenedency to the modernization of laws that establish the guaranteed state social standards and guarantees for every citizen. Value/originality. Analysis of the legislative base, revealed the ineffectiveness of the law guaranteeing basic social standard to citizens. Understanding of the process of modernization of a relatively large part of the laws adopted in the last century.

  5. Overview of the international legal framework governing the safe and peaceful uses of nuclear energy - Some practical steps

    International Nuclear Information System (INIS)

    Rautenbach, J.; Tonhauser, W.; Wetherall, A.

    2006-01-01

    The accident on 26 April 1986 in unit 4 of the Chernobyl nuclear power plant in the former Ukrainian Republic of the Union of Soviet Socialist Republics, near the present borders of Belarus, the Russian Federation and Ukraine, was categorised at the time as 'the most devastating accident in the history of nuclear power'. Two decades on, the assessment of the health, environmental and socio-economic impacts of the accident still continues, with the aim of providing definitive and authoritative answers. In addition, from a legal perspective the accident underlined some significant deficiencies and gaps in the international legal and regulatory norms that had been established to govern the safe and peaceful uses of nuclear energy. At the same time, it stressed the need for a collective international focus on [nuclear] safety and, in its wake, prompted a call for the creation of an international regime for the safe development of [nuclear energy] under the auspices of the IAEA. For all its devastating consequences, the accident was in fact a wake-up call for the 'international nuclear community' and led to a new era in international nuclear cooperation, involving states which had so far been removed both geographically and technologically from nuclear power. In its aftermath, the international nuclear community, in an attempt to allay concerns of the public and political world over the use of the atom as a viable energy source, sought to rebuild confidence in the safety of nuclear energy, primarily through the IAEA, by urgently addressing those main deficiencies in the existing international legal framework that had been exemplified by the accident. As much as has already been written on the substantive provisions and negotiating history of the different international instruments that compromise this legal framework and that were developed under the auspices of the IAEA in the two decades since the Chernobyl accident, this paper only briefly describes their substance

  6. The US Opioid Crisis: Current Federal and State Legal Issues.

    Science.gov (United States)

    Soelberg, Cobin D; Brown, Raeford E; Du Vivier, Derick; Meyer, John E; Ramachandran, Banu K

    2017-11-01

    The United States is in the midst of a devastating opioid misuse epidemic leading to over 33,000 deaths per year from both prescription and illegal opioids. Roughly half of these deaths are attributable to prescription opioids. Federal and state governments have only recently begun to grasp the magnitude of this public health crisis. In 2016, the Centers for Disease Control and Prevention released their Guidelines for Prescribing Opioids for Chronic Pain. While not comprehensive in scope, these guidelines attempt to control and regulate opioid prescribing. Other federal agencies involved with the federal regulatory effort include the Food and Drug Administration (FDA), the Drug Enforcement Agency (DEA), and the Department of Justice. Each federal agency has a unique role in helping to stem the burgeoning opioid misuse epidemic. The DEA, working with the Department of Justice, has enforcement power to prosecute pill mills and physicians for illegal prescribing. The DEA could also implement use of prescription drug monitoring programs (PDMPs), currently administered at the state level, and use of electronic prescribing for schedule II and III medications. The FDA has authority to approve new and safer formulations of immediate- and long-acting opioid medications. More importantly, the FDA can also ask pharmaceutical companies to cease manufacturing a drug. Additionally, state agencies play a critical role in reducing overdose deaths, protecting the public safety, and promoting the medically appropriate treatment of pain. One of the states' primary roles is the regulation of practice of medicine and the insurance industry within their borders. Utilizing this authority, states can both educate physicians about the dangers of opioids and make physician licensure dependent on registering and using PDMPs when prescribing controlled substances. Almost every state has implemented a PDMP to some degree; however, in addition to mandating their use, increased interstate

  7. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1, Revision 1 (Chinese Edition)

    International Nuclear Information System (INIS)

    2016-01-01

    This publication establishes requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered. A review of Safety Requirements publications was commenced in 2011 following the accident in the Fukushima Daiichi nuclear power plant in Japan. The review revealed no significant areas of weakness and resulted in just a small set of amendments to strengthen the requirements and facilitate their implementation, which are contained in the present publication.

  8. Revising Payment for Ecosystem Services in the Light of Stewardship: The Need for a Legal Framework

    Directory of Open Access Journals (Sweden)

    Alessandra Solazzo

    2015-11-01

    Full Text Available Since the Millennium Ecosystem Assessment (MEA highlighted the importance of ecosystem services for human well-being, the payments for such services have increasingly been drawing the attention of governments, the private sector and academia. Nonetheless, there is not yet a specific legal framework which is able to capture the complexity of managing natural resources and, at the same time, deal with the numerous drawbacks that have been identified by critics, who are opposed to using financialisation of the environment as a tool. This paper, after briefly summarizing some of the main features and criticisms of the Payment for Ecosystem Services (PES, will critically assess the understanding of property rights over natural resources as stewardship, rather than as entitlement, because this interpretation is more coherent with the inherent characteristics of natural resources and, consequently, of ecosystem services. The novel usage of a stewardship dimension to property rights underlines the necessity for a legal framework for PES, constituted by “property-liability rules”.

  9. Groundwater Governance: The Role of Legal Frameworks at the Local and National Level—Established Practice and Emerging Trends

    Directory of Open Access Journals (Sweden)

    Kerstin Mechlem

    2016-08-01

    Full Text Available Legal frameworks play a crucial role for effective groundwater governance. They flank and support water policy and provide users and the administration with rights and obligations to use, manage, and protect vital resources in order to achieve the overall goal of equitable and sustainable water use. This paper discusses key challenges that have to be addressed in water law to manage and protect groundwater effectively. It will provide an overview of established practice in groundwater legislation and discuss recent trends and developments in light of current challenges. It focuses on permit-based systems of administrative water rights but will to a limited extent also deal with customary, community-based, and informal arrangements. It will show that increasingly domestic groundwater legislation is strengthened and ranked on a par with surface water regimes, ideally by dealing with all water resources in an integrated manner.

  10. Measuring the way forward in Haiti: grounding disaster relief in the legal framework of human rights.

    Science.gov (United States)

    Klasing, Amanda M; Moses, P Scott; Satterthwaite, Margaret L

    2011-07-14

    This article provides results from an online survey of humanitarian workers and volunteers that was conducted in May and June 2010. The purpose of the survey was to understand how the humanitarian aid system adopts or incorporates human rights into its post-natural disaster work and metrics. Data collected from Haiti suggest that humanitarians have embraced a rights-based approach but that they do not agree about how this is defined or about what standards and indicators can be considered rights-based. This disagreement may reveal that humanitarians are aware of a mismatch between the rights-based approach to post-disaster humanitarian work and the legal framework of human rights. Using participation and accountability as examples, this article identifies and examines this mismatch and suggests that the humanitarian aid system should more fully embrace engagement with the human rights framework. To do so, the article concludes, humanitarian actors and the human rights community should have an open dialogue about the development of metrics that accurately reflect and monitor adherence to the legal framework of human rights. This would allow the humanitarian aid system to ensure its interventions enhance the capacity of the disaster-affected state to fulfill its human rights obligations, and would allow humanitarian and human rights actors alike to measure the impact of such interventions on the realization of human rights in post-natural disaster settings. Copyright © 2011 Klasing, Moses, and Satterthwaite. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  11. Structuring to promote: Which Legal Framework for the Economic Development of Marine Energies?

    International Nuclear Information System (INIS)

    Gelas, Helene

    2015-01-01

    To this day, the development of renewable marine energies does not dispose of a satisfying legal framework. In the territorial sea, the construction and operation of renewable energy projects is subject to a series of permits stemming from different legislation (Occupation of the maritime public domain or the 'Water act Permit'). Because this framework is unable to foster the development of these energy sources, it should be simplified by either abandoning the requirement for a permit under the 'Water act' in favour of an extended licence of occupation granting the public authorities the same guarantees, or by the creation of an ad hoc permit regime to be included in the Energy Code. Also, the reinforcement of power purchase obligation mechanisms of the generated electricity to which these projects are eligible is required. Indeed, beyond the call for tenders and the existing feed-in tariffs, the development of marine renewable energy sources, in particular during the test stage (e.g. pilot offshore farms) has to be accompanied by a tailored tariff system. In the Exclusive Economic Zone, a decree was adopted in July 2013, which seeks to create a special permit granted by the decentralized administrative authority in charge of maritime issues (Prefet maritime). This new legal framework should foster the development of projects in the Zone. Due to the technical challenges, some other evolutions of the known regimes may be required because of the distance of the plants to the shore, for example regarding grid connection or the power purchase obligation regime. (author)

  12. Understanding how social enterprises can benefit from supportive legal frameworks : a case study report on social enterpreneurial models in Greece

    NARCIS (Netherlands)

    Argyrou, A.a; Blomme, R.J.; Lambooy, T.E.; Kievit, H.

    2016-01-01

    This study aims to test how legal factors affect the corporate structure of a social enterprise. The current article focuses on the legal factor of governance as the decision-making power of stakeholders within the social enterprise. The authors conducted a case study and examined a major social

  13. BOT Contract through the optics of Albanian legal provisions - Issues of the implementation and transfer framework

    Directory of Open Access Journals (Sweden)

    Entela Prifti

    2016-07-01

    Full Text Available The last years have resulted in an increase of concession contracts in Albania, followed by a revised modern legal framework. Beside the debate on whether the government should perform most of the activities itself instead of giving them to the private sector through a concession contract, the concession contracts are nowadays a reality and as such they should be studied and analysed carefully. The scope of this article is limited to the provisions of the Albanian legislation and its approach to the international provisions regarding BOT (build – operate - transfer concession contract. A detailed analyse will drive to the conclusionas to what extent the Albanian concession legislation does compile with the international accepted principles of Public Private Partnership concerning mainly implementation and transfer phase of a BOT contract. Albanian Public Private Partnershiplegislation has gone through many revisions and amendments during the last twenty years, resulting in a challenging situation for everybody that deals with any aspects of a concession. Having a detailed understanding of the legal provisions is indeed the core element toward a successful implementation process of any concession, resulting in the highest profitability for concession parties, the public entity and the private investor, and consequently culminating to the best interest of the population.

  14. New nuclear package. At last a breakthrough for a European legal framework on nuclear safety?

    International Nuclear Information System (INIS)

    Schneider, Horst

    2009-01-01

    In 2003, the European Commission presented what it referred to as a nuclear package. Two draft directives were to cover nuclear safety and nuclear waste management in a legally binding sense on the level of the European Union. A separate directive on funds for decommissioning nuclear power plants and for waste management up to final storage, which had still been included in preliminary drafts in 2002, had been dropped and turned into recommendations in 2006. However, the nuclear package with the 2 draft directives found no sufficient majority in the Council in 2004. In November 2008, the Commission presented a new draft directive on nuclear safety, especially the safety of nuclear power plants. The Commission demands a European legal framework for the political acceptance of nuclear power. As far as procedures were concerned, the Commission had expressed its hope that the directive could be adopted by the summer of 2009. The draft directive has been thoroughly revised over the past four months. Shaping the European Union is a difficult matter. The improvement seems to be in the field of nuclear safety. It is to be hoped that a directive will be adopted in the end which will result in more acceptance, not just in arguments exchanged between the Commission and the member countries when it comes to transposition into national law and its execution. (orig.)

  15. The Legal Framework Of Human Rights Crime As An Extraordinary Crime

    Directory of Open Access Journals (Sweden)

    Dedy Siswadi

    2015-08-01

    Full Text Available Abstract This research reviews the legal framework of human rights crime as an extraordinary crime as an approach in the settlement of criminal cases. The outcomes of the research indicate that modern human rights law developed out of customs and theories that established the rights of the individual in relation to the state. Disagreements regarding human rights violations which can only be done by the state and its agents or can also be done by non-government units still exist at the moment. As it turns out in practice however it has certain weaknesses particularly in legislation concerning serious crimes of human rights both as ius constituendum and ius constitutum still needs to be improved especially in the implementation of human rights on judiciary system. Therefore serious crimes against human rights are included as an extraordinary crime. The handling of the cases was incredible and special has become a logical consequence to be included as an extraordinary crime.

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

    Directory of Open Access Journals (Sweden)

    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.

  17. Telemedicine: The legal framework (or the lack of it) in Europe.

    Science.gov (United States)

    Raposo, Vera Lúcia

    2016-01-01

    In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and telecommunications we must have in consideration Directive 95/46/EU, Directive 2000/31/EC and Directive 2002/58/EC. However, many issues still lack uniform regulation, mainly the domain of medical liability and of medical leges artis. Probably such standardization will never take place, since the European Union does not have, until now, a common set of norms regarding tort and criminal liability, much less specific legal norms on medical liability. These gaps may jeopardize a truly European internal market in health services and hamper the development of telemedicine in the European zone.

  18. Early childhood development in Rwanda: a policy analysis of the human rights legal framework.

    Science.gov (United States)

    Binagwaho, Agnes; Scott, Kirstin W; Harward, Sardis H

    2016-01-12

    Early childhood development (ECD) is a critical period that continues to impact human health and productivity throughout the lifetime. Failing to provide policies and programs that support optimal developmental attainment when such services are financially and logistically feasible can result in negative population health, education and economic consequences that might otherwise be avoided. Rwanda, with its commitment to rights-based policy and program planning, serves as a case study for examination of the national, regional, and global human rights legal frameworks that inform ECD service delivery. In this essay, we summarize key causes and consequences of the loss of early developmental potential and how this relates to the human rights legal framework in Rwanda. We contend that sub-optimal early developmental attainment constitutes a violation of individuals' rights to health, education, and economic prosperity. These rights are widely recognized in global, regional and national human rights instruments, and are guaranteed by Rwanda's constitution. Recent policy implementation by several Rwandan ministries has increased access to health and social services that promote achievement of full developmental potential. These ECD-centric activities are characterized by an integrated approach to strengthening the services provided by several public sectors. Combining population level activities with those at the local level, led by local community health workers and women's councils, can bolster community education and ensure uptake of ECD services. Realization of the human rights to health, education, and economic prosperity requires and benefits from attention to the period of ECD, as early childhood has the potential to be an opportunity for expedient intervention or the first case of human rights neglect in a lifetime of rights violations. Efforts to improve ECD services and outcomes at the population level require multisector collaboration at the highest echelons

  19. Setting the stage for the EPOS ERIC: Integration of the legal, governance and financial framework

    Science.gov (United States)

    Atakan, Kuvvet; Bazin, Pierre-Louis; Bozzoli, Sabrina; Freda, Carmela; Giardini, Domenico; Hoffmann, Thomas; Kohler, Elisabeth; Kontkanen, Pirjo; Lauterjung, Jörn; Pedersen, Helle; Saleh, Kauzar; Sangianantoni, Agata

    2017-04-01

    EPOS - the European Plate Observing System - is the ESFRI infrastructure serving the need of the solid Earth science community at large. The EPOS mission is to create a single sustainable, and distributed infrastructure that integrates the diverse European Research Infrastructures for solid Earth science under a common framework. Thematic Core Services (TCS) and Integrated Core Services (Central Hub, ICS-C and Distributed, ICS-D) are key elements, together with NRIs (National Research Infrastructures), in the EPOS architecture. Following the preparatory phase, EPOS has initiated formal steps to adopt an ERIC legal framework (European Research Infrastructure Consortium). The statutory seat of EPOS will be in Rome, Italy, while the ICS-C will be jointly operated by France, UK and Denmark. The TCS planned so far cover: seismology, near-fault observatories, GNSS data and products, volcano observations, satellite data, geomagnetic observations, anthropogenic hazards, geological information modelling, multiscale laboratories and geo-energy test beds for low carbon energy. In the ERIC process, EPOS and all its services must achieve sustainability from a legal, governance, financial, and technical point of view, as well as full harmonization with national infrastructure roadmaps. As EPOS is a distributed infrastructure, the TCSs have to be linked to the future EPOS ERIC from legal and governance perspectives. For this purpose the TCSs have started to organize themselves as consortia and negotiate agreements to define the roles of the different actors in the consortium as well as their commitment to contribute to the EPOS activities. The link to the EPOS ERIC shall be made by service agreements of dedicated Service Providers. A common EPOS data policy has also been developed, based on the general principles of Open Access and paying careful attention to licensing issues, quality control, and intellectual property rights, which shall apply to the data, data products

  20. An Overview of the Legal framework of Advanced Fee Fraud and Cybercrime in Nigeria

    Directory of Open Access Journals (Sweden)

    Mu’azu Abdullahi Saulawa

    2016-08-01

    Full Text Available The paper seeks to discuss an overview on the advanced fee fraud offences as well as cybercrime in Nigerian. The aims of the paper focus on discussing the advanced fee fraud under the related provisions of Advanced Fee Fraud Act 2006 on the success of the law in addressing the practices of crimes in relation to information technology. The paper also discusses the cybercrimes in Nigeria with a brief look out on the Cybercrime (Prohibition and Prevention Act 2015. Further, it also aims at examining the application of the law in the fraud offences which raises an issue of the regulatory framework of the cybercrime. The methodology adopted by the paper is doctrinal approach method wherein both primary and secondary sources of data were analysed, particularly the local laws and other relevant documents. The finding of the paper reveals that the relevant section of the in the Advanced Fee Fraud Act that deals with electronic communication has not been invoked. This is because the discussed relevant law under the advanced fee fraud did not in any away deal with cases concerning electronic communication under section 13. The paper recommends that there is a need to strengthen the adequacy of the legal framework on the Cybercrimes so as to checkmate such practices in Nigeria.

  1. Civil nuclear activities in Switzerland: status, legal framework, researches and harmonization

    International Nuclear Information System (INIS)

    2010-01-01

    This report gives an overview of the present status of nuclear activities in Switzerland. It indicates and comments the shares of the different sources of production of electricity, the electricity consumption, and electricity imports. It describes the structure of the sector. It proposes a history of nuclear development (first reactors, accidents, abandoned projects), describes the present nuclear plant stock, and the fuel cycle management (supply, waste management and storage, reprocessing). It presents the IFSN (the Swiss nuclear safety authority), the nuclear industry organization, and the professional bodies. Then, it describes the legal framework. It discusses the issue of nuclear plant replacement, and that of waste storage in deep geological layers, and comments the posture of the political parties on these issues. It gives a rather detailed overview of researches in the nuclear field (general framework and institutions, research reactors, researches in security and radioprotection, in nuclear safety, in controlled thermonuclear fusion, in waste management). Finally, it describes the harmonization efforts in relationship with international organizations (safety authorities and nuclear industries)

  2. The precautionary principle in fisheries management under climate change: How the international legal framework formulate it?

    Science.gov (United States)

    Latifah, E.; Imanullah, M. N.

    2018-03-01

    One of the objectives of fisheries management is to reach long-term sustainable benefits of the fish stocks while reducing the risk of severe or irreversible damage to the marine ecosystem. Achieving this objective needs, the good scientific knowledge and understanding on fisheries management including scientific data and information on the fish stock, fishing catch, distribution, migration, the proportion of mature fish, the mortality rate, reproduction as well as the knowledge on the impact of fishing on dependent and associated species and other species belonging to the same ecosystem, and further the impact of climate change and climate variability on the fish stocks and marine ecosystem. Lack of this scientific knowledge may lead to high levels of uncertainty. The precautionary principle is one of the basic environmental principles needed in overcoming this problem. An essence of this principle is that, in facing the serious risk as a result of the limited scientific knowledge or the absence of complete evidence of harm, it should not prevent the precautionary measures in minimizing risks and protecting the fish stocks and ecosystem. This study aims to examine how the precautionary principle in fisheries management be formulated into the international legal framework, especially under the climate change framework.

  3. Environmental legislation as the legal framework for mitigating natural hazards in Spain

    Science.gov (United States)

    Garrido, Jesús; Arana, Estanislao; Jiménez Soto, Ignacio; Delgado, José

    2015-04-01

    In Spain, the socioeconomic losses due to natural hazards (floods, earthquakes or landslides) are considerable, and the indirect costs associated with them are rarely considered because they are very difficult to evaluate. The prevention of losses due to natural hazards is more economic and efficient through legislation and spatial planning rather than through structural measures, such as walls, anchorages or structural reinforcements. However, there isn't a Spanish natural hazards law and national and regional sector legislation make only sparse mention of them. After 1978, when the Spanish Constitution was enacted, the Autonomous Communities (Spanish regions) were able to legislate according to the different competences (urban planning, environment or civil protection), which were established in the Constitution. In the 1990's, the Civil Protection legislation (national law and regional civil protection tools) dealt specifically with natural hazards (floods, earthquakes and volcanoes), but this was before any soil, seismic or hydrological studies were recommended in the national sector legislation. On the other hand, some Autonomous Communities referred to natural hazards in the Environmental Impact Assessment legislation (EIA) and also in the spatial and urban planning legislation and tools. The National Land Act, enacted in 1998, established, for the first time, that those lands exposed to natural hazards should be classified as non-developable. The Spanish recast text of the Land Act, enacted by Royal Legislative Decree 2/2008, requires that a natural hazards map be included in the Environmental Sustainability Report (ESR), which is compulsory for all master plans, according to the provisions set out by Act 9/2006, known as Spanish Strategic Environmental Assessment (SEA). Consequently, the environmental legislation, after the aforementioned transposition of the SEA European Directive 2001/42/EC, is the legal framework to prevent losses due to natural hazards

  4. 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

  5. Legal Framework for Social Enterprise : Lessons from a Comparative Study of Italy, Malaysia, South Korea, United Kingdom, and United States

    OpenAIRE

    Triponel, Anna; Agapitova, Natalia

    2017-01-01

    Social enterprises are emerging as a new area of public policy: several countries seek to stimulate private sector contribution to development outcomes, and social enterprises could be important players in that agenda. However, those seeking a middle ground between for-profit and non-profit sectors to enable social enterprise have found legal frameworks to be lacking. This has triggered a ...

  6. Strengthening the EU Legal and Institutional Framework to Combat Transnational Financial Crimes

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    The report examines the development of adequate legal tools and practices to combat transnational financial crimes such as money laundering, terrorism financing, corruption, transnational financial fraud, and investigates measures directed at strengthening the overall legal and institutional...

  7. End of FY10 report - used fuel disposition technical bases and lessons learned : legal and regulatory framework for high-level waste disposition in the United States.

    Energy Technology Data Exchange (ETDEWEB)

    Weiner, Ruth F.; Blink, James A. (Lawrence Livermore National Laboratory, Livermore, CA); Rechard, Robert Paul; Perry, Frank (Los Alamos National Laboratory, Los Alamos, NM); Jenkins-Smith, Hank C. (University of Oklahoma, Norman, OK); Carter, Joe (Savannah River Nuclear Solutions, Aiken, SC); Nutt, Mark (Argonne National Laboratory, Argonne, IL); Cotton, Tom (Complex Systems Group, Washington DC)

    2010-09-01

    This report examines the current policy, legal, and regulatory framework pertaining to used nuclear fuel and high level waste management in the United States. The goal is to identify potential changes that if made could add flexibility and possibly improve the chances of successfully implementing technical aspects of a nuclear waste policy. Experience suggests that the regulatory framework should be established prior to initiating future repository development. Concerning specifics of the regulatory framework, reasonable expectation as the standard of proof was successfully implemented and could be retained in the future; yet, the current classification system for radioactive waste, including hazardous constituents, warrants reexamination. Whether or not consideration of multiple sites are considered simultaneously in the future, inclusion of mechanisms such as deliberate use of performance assessment to manage site characterization would be wise. Because of experience gained here and abroad, diversity of geologic media is not particularly necessary as a criterion in site selection guidelines for multiple sites. Stepwise development of the repository program that includes flexibility also warrants serious consideration. Furthermore, integration of the waste management system from storage, transportation, and disposition, should be examined and would be facilitated by integration of the legal and regulatory framework. Finally, in order to enhance acceptability of future repository development, the national policy should be cognizant of those policy and technical attributes that enhance initial acceptance, and those policy and technical attributes that maintain and broaden credibility.

  8. Integrating environment into land-use planning through strategic environmental assessment in China: Towards legal frameworks and operational procedures

    International Nuclear Information System (INIS)

    Tao Tang; Tan Zhu; He Xu

    2007-01-01

    China currently put forwards 'striving to build an environmentally friendly society' as one of the most important development goals. The land administration authorities are facing the challenge of effectively incorporating environment considerations into their planning system. This paper aims to investigate why and how Strategic Environmental Assessment (SEA) is enacted as an effective tool to integrate the environment into land-use planning during the construction process of an environmentally friendly society in China, and identify factors that influence the integration. It presents characteristics of the land-use planning system, and reviews the progress and current state of SEA in China. Results show that SEA provides many benefits in promoting environmental considerations into the land-use planning process. The legal frameworks and operational procedures, in the context of land-use master planning SEA, are summarized and an assessment made of their effectiveness. Some barriers are highlighted through examination of the latest case studies, and several recommendations are presented to overcome these obstacles

  9. Legal frameworks and key concepts regulating diversion and treatment of mentally disordered offenders in European Union member states.

    Science.gov (United States)

    Dressing, Harald; Salize, Hans Joachim; Gordon, Harvey

    2007-10-01

    There is only limited research on the various legal regulations governing assessment, placement and treatment of mentally ill offenders in European Union member states (EU-member states). To provide a structured description and cross-boundary comparison of legal frameworks regulating diversion and treatment of mentally disordered offenders in EU-member states before the extension in May 2004. A special focus is on the concept of criminal responsibility. Information on legislation and practice concerning the assessment, placement and treatment of mentally ill offenders was gathered by means of a detailed, structured questionnaire which was filled in by national experts. The legal regulations relevant for forensic psychiatry in EU-member states are outlined. Definitions of mental disorders given within these acts are introduced and compared with ICD-10 diagnoses. Finally the application of the concept of criminal responsibility by the law and in routine practice is presented. Legal frameworks for the processing and placement of mentally disordered offenders varied markedly across EU-member states. Since May 2004 the European Union has expanded to 25 member states and in January 2007 it will reach 27. With increasing mobility across Europe, the need for increasing trans-national co-operation is becoming apparent in which great variation in legal tradition pertains.

  10. HIV vaccine research--South Africa's ethical-legal framework and its ability to promote the welfare of trial participants.

    Science.gov (United States)

    Strode, Ann; Slack, Catherine; Mushariwa, Muriel

    2005-08-01

    An effective ethical-legal framework for the conduct of research is critical. We describe five essential components of such a system, review the extent to which these components have been realised in South Africa, present brief implications for the ethical conduct of clinical trials of HIV vaccines in South Africa and make recommendations. The components of an effective ethical-legal system that we propose are the existence of scientific ethical and policy-making structures that regulate research; research ethics committees (RECs) that ethically review research; national ethical guidelines and standards; laws protecting research participants; and mechanisms to enforce and monitor legal rights and ethical standards. We conclude that the ethical-legal framework has, for the most part, the necessary institutions, and certain necessary guidelines but does not have many of the laws needed to protect and promote the rights of persons participating in research, including HIV vaccine trials. Recommendations made include advocacy measures to finalise and implement legislation, development of regulations, analysis and comparison of ethical guidelines, and the development of measures to monitor ethical-legal rights at trial sites.

  11. Implications of the ethical-legal framework for adolescent HIV vaccine trials--report of a consultative forum.

    Science.gov (United States)

    Slack, Catherine; Strode, Ann; Grant, Catherine; Milford, Cecilia

    2005-09-01

    The ethical-legal framework in South Africa is in a period of transition, with a number of new developments changing the substantive principles and procedures for health research in the country. Some of the changing dynamics include both law reform and the review of ethical guidelines. This changing environment poses many complexities for researchers, research ethics committees and participating communities involved in planning, implementing and reviewing research with child participants, including HIV vaccine trials. This paper presents the major themes and outcomes of a consultative meeting convened by the HIV AIDS Vaccines Ethics Group in July 2004 for key stakeholder groups. At this forum participants discussed the complexities posed by a transitional and sometimes contradictory ethical-legal framework and how the framework could be improved to simultaneously promote critical research and the welfare of child participants.

  12. Strategic environmental assessment and national development plans in Turkey: Towards legal framework and operational procedure

    International Nuclear Information System (INIS)

    Say, Nuriye Peker; Yuecel, Muzaffer

    2006-01-01

    National development plans were started to be prepared in Turkey in 1963. These plans are mandatory for public investments and guiding principles for private investments. They have a quality which guides and sets objectives for other plans in the country. Therefore, they can be evaluated as the main reason of successes and failures of sectoral investments or the problems that they cause directly or indirectly. Turkey is undergoing rapid industrialization, urbanization and population growth, thus environmental problems are on the increase. Although Environmental Impact Assessment (EIA) has been applied to individual investments in Turkey since 1993, natural environment has continued to be affected because of human activities. Today, parallel to the developments in the world, it has been discussed that it is necessary to strengthen project-level Environmental Assessment (EA) and to practice Strategic Environmental Assessment (SEA). The interest in SEA, that is, EA at the level of proposed policies, plans and programs has grown significantly since 2000 in the country. Discussions and preparations have started about regulation which provides the legal and institutional framework for SEA in The Ministry of Environment and Forestry. However, since the scientific approach into the subject is very new in Turkey, it will take time to answer the questions about how and in what fields to practice. This research project aims at analyzing the possible practice opportunities of SEA in Turkey and the practicability of SEA into the National Five-Year Development Plan (FYDP) which is assumed at the highest level of planning hierarchy in the country. The research is conducted on two sections. In the first section, procedural approaches to SEA on national development plans are investigated and a framework for these approaches is adapted at the institutional level. In the second section, SEA form for energy sector in the development plans is developed. In this article, the findings

  13. 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.

  14. Expanded activity of schools in Serbia: Legal framework and practical experiences

    Directory of Open Access Journals (Sweden)

    Ognjenović Kosovka Đ.

    2012-09-01

    Full Text Available Expanded activities of schools and activities of student cooperatives are important components of the educational process in schools, which are contributing to the improvement of the quality of education and better social inclusion of students. The main objective of this article is to focus on opportunities enabled by the legal framework that supports the realization of expanded activities and activities of student cooperatives in Serbian schools and to compare relevant experiences in Serbia with the practice in neighbouring countries and the old EU Member States. In particular, in this article it is examined to what extent the adoption of entrepreneurial competences through different entrepreneurship development programs contributes to the probability of implementation of additional activities in Serbian schools. For this purpose, the data of the Survey on practising, types and usefulness of expanded activities and activities of student cooperatives are used. This survey was conducted in 2010 at the samples of public primary and secondary schools that executed some sort of additional activities, as well as of schools that did not practice extended activities.

  15. The G8 global partnership - a survey of the German activities and their legal framework

    International Nuclear Information System (INIS)

    Fillbrandt, M.

    2006-01-01

    At the G8 summit in Kananaskis, Canada, in 2002, the G8 partners established the 'Global Partnership against the Proliferation of Weapons and Materials of Mass Destruction'. The Federal Republic of Germany and the Russian Federation at present cooperate in three areas within the framework of the G8 Global Partnership: (1) Destruction of chemical weapons. (2) Construction of a long-term interim store for the safe storage of irradiated reactor segments of decommissioned nuclear submarines. (3) Modernization of the physical protection of Russian nuclear material. The article mainly covers the 'Modernization of the Physical Protection of Russian Nuclear Material' project. The key part contains an explanation of the legal basis of the project. The main contents and functions of applicable bilateral and multilateral agreements are explained on the basis of the principles and guidelines adopted in connection with the declaration of the G8 Heads of State and Government about global partnership. It is shown that a complex set of rules and contracts are necessary to meet the requirements posed by projects of G8 Global Partnership. (orig.)

  16. Legal Framework and Best Practice for Improving Transport Security of Radioactive and Nuclear Materials in Croatia

    International Nuclear Information System (INIS)

    Ilijas, B.; Medakovic, S.

    2012-01-01

    Security of transporting radioactive and nuclear materials always poses a demanding task to the holder of the authorization or beneficiary, and especially transporter. Very strict and precise legal framework must be done for this purpose, yet it has not be too complicated to create a great problems in practice. The best balance between efficiency and simplicity should be achieved. In Croatia on power is 'The Dangerous Goods Transport Act' which stipulates the conditions for the carriage of dangerous goods in individual transport modes, obligations of persons participating in the carriage, requirements for packaging and vehicles, conditions for the appointment of safety advisers and safety adviser's rights and duties, competence and conditions for the implementation of training programs for persons participating in transport, competence of the state authorities related to such carriage and supervision of the implementation of the Act. Besides this Act, which regulates the issue in more general way, in preparation is a new 'Ordinance on Physical Security Measures for Radioactive Sources, Nuclear Material and Nuclear Facilities'. The intention of this Ordinance, in the part dealing with transport, is to bring specific approach, in accordance with IAEA guides, forwarding the most of obligations to the holder of the authorization or beneficiary and transporter, leaving state regulatory bodies mostly supervising role. In practice this can create some problems in the beginning, but with rising security awareness and after some experience collected, this can be the best way to achieve satisfactory security, yet not slowing down and complicating regular jobs with radioactive and nuclear materials.(author).

  17. Legal framework related to access to information and public participation on nuclear activity

    International Nuclear Information System (INIS)

    Arias, M. C.; Bernaldez, A.L.; Ghiggeri, M.; Tula, C.

    2011-01-01

    The right of access to information by citizens about activities related to scientific and technological development of nuclear energy for peaceful uses, has evolved over time. Governments began to perceive the necessity and the benefits of informing the community, who manifested certain prejudices about nuclear activity as a consequence of the propelling of nuclear bombs in Nagasaki and Hiroshima. With the advent of environmental law and the influence of its principles, the idea of transparency of information in the nuclear field was imposed, and also the importance of both the inhabitants of countries with nuclear developments and neighbouring countries who may be affected by the bordering effects of ionizing radiation, could have access to information and to participate actively. The access to information and citizen participation has been institutionalized and reflected in international regulations through international conventions subscribed by our country and nationally through the National Constitution, the Provincials Constitutions, the City of Buenos Aires Constitution, Laws No. 25.675, 25.831 and PEN Decree No. 1172/03, among others. The present work aims to make an overview of the legal framework related to access to information on nuclear activity. (authors) [es

  18. Carbon dioxide storage. EU legal framework for carbon capture and storage

    International Nuclear Information System (INIS)

    Heller, W.

    2008-01-01

    In the correct opinion of the EU Commission, fossil fuels are going to remain the most important energy source worldwide also in the decades to come. The intention of the EU to reduce by 50% the 1990 level of greenhouse gas emission by 2050 can become reality, in the light of worldwide developments, only if the energy potential of coal can be tapped without multiplying emissions. The EU therefore initiated measures to make carbon capture and storage a standard technology in new fossil fired power plants. The CCS technology is to be demonstrated so as to make it available commercially for plant renewal after 2020 (CCS = Carbon Capture and Storage). To outline the future legal framework in the European Union, the EU Commission on January 23, 2008 presented the proposal of a Directive on Geologic Storage of Carbon Dioxide (CO 2 ). That proposal mainly focuses on the storage of CO 2 and the removal of obstacles in the way of CO 2 storage. The capture and pipeline transport of CO 2 are taken into account in the appropriate amendments to existing directives. (orig.)

  19. Implementing the water framework directive in Denmark - Lessons on agricultural measures from a legal and regulatory perspective

    DEFF Research Database (Denmark)

    Jacobsen, Brian H.; Anker, Helle Tegner; Baaner, Lasse

    2017-01-01

    One of the major challenges in the implementation of the Water Framework Directive (WFD) is how to address diffuse agricultural pollution of the aquatic environment. In Denmark the implementation of agricultural measures has been fraught with difficulty in the form of delays and legal proceedings...... and a policy failure. It is argued that the adoption of more flexible measures to be implemented at the local level could have resulted in fewer difficulties from an economic and legal point of view as measures could have been applied where there was a clear environmental benefit, and possibly also at a lower...

  20. The Impact of a Legal Framework on National Film Industry: an Approach to Basque-Language Cinema

    Directory of Open Access Journals (Sweden)

    Miren Manias-Muñoz

    2016-12-01

    Full Text Available After the incursion of the digitalisation and the Internet, new forms of cultural production, reception and consumption have come via the hands of technological convergence and the way society has adapted to that scenario. In the current context of globalisation traditional cultural conceptualisation has been modified by opening up an economic discourse based on knowledge, creativity and innovation. But how are cultural policies bringing this paradigm into their protection framework? As part of the cultural activity, cinema plays a core role contributing to the national economic competitiveness and social cohesion. However, small cinemas struggle and films made in minority languages face a lot more difficulties. This paper shows how a legal change has made a certain funding model possible for cinema in the Basque-language, suggesting that a legally binding space where a specific cultural subject is primarily recognised has become crucial for films in Basque. Tras la llegada de la digitalización e Internet, han surgido nuevas formas de producción, recepción y consumo de cultura, de la mano de la convergencia tecnológica y la forma en la que la sociedad se ha adaptado a ese escenario. En el contexto actual de la globalización, la conceptualización cultural tradicional se ha modificado por un nuevo discurso económico basado en el conocimiento, la creatividad y la innovación. Pero ¿cómo están integrando las políticas culturales este paradigma en su marco de protección? Como parte de la actividad cultural, el cine juega un papel fundamental, contribuyendo a la competitividad económica nacional y a la cohesión social. Sin embargo, las salas de cine pequeñas experimentan dificultades y las películas rodadas en lenguas minoritarias se enfrentan a numerosas dificultades. Este artículo muestra cómo un cambio legal ha hecho posible un modelo de financiación para el cine en lengua vasca, y se sugiere que es fundamental para las pel

  1. Right to health in Russian Federation: identification of its current stage of constitutional and legal recognition

    Directory of Open Access Journals (Sweden)

    TARASENKO, Elena

    2013-11-01

    Full Text Available Russian Federation has made a strong legal commitment to the human right to health through the ratification of several key international human rights laws. Current public health care policies also demonstrate that Russian Federation has committed itself to provide the human right to health protection of people residing with its jurisdiction. All residents of Russia are eligible for medical care free of charge. Medical services are provided directly to patients by government health care providers. This includes general and specialist medical care, hospitalization, diagnostic laboratory services, dental care, maternity care and transportation, free drugs for disabled, medical rehabilitation, etc. The legal basis for the human right to health at the federal level is provided by a variety of legislative acts (codes, federal laws, presidential decrees, decisions and proposals of the government of the Russian Federation, and orders of the government and of the Ministry of Health and other ministries. The legal bas is at the regional level is provided by legislative instruments enacted by the governments of the Subjects of Russian Federation.

  2. A survey on auditing, quality assurance systems and legal frameworks in five selected slaughterhouses in Bulawayo, south-western Zimbabwe.

    Science.gov (United States)

    Masanganise, Kaurai E; Matope, Gift; Pfukenyi, Davies M

    2013-01-01

    The purpose of this study was to explore the audits, quality assurance (QA) programmes and legal frameworks used in selected abattoirs in Zimbabwe and slaughterhouse workers' perceptions on their effectiveness. Data on slaughterhouse workers was gathered through a self-completed questionnaire and additional information was obtained from slaughterhouse and government records. External auditing was conducted mainly by the Department of Veterinary Public Health with little contribution from third parties. Internal auditing was restricted to export abattoirs. The checklist used on auditing lacked objective assessment criteria and respondents cited several faults in the current audit system. Most respondents (> 50.0%) knew the purposes and benefits of audit and QA inspections. All export abattoirs had QA programmes such as hazard analysis critical control point and ISO 9001 (a standard used to certify businesses' quality management systems) but their implementation varied from minimal to nil. The main regulatory defect observed was lack of requirements for a QA programme. Audit and quality assurance communications to the selected abattoirs revealed a variety of non-compliances with most respondents revealing that corrective actions to audit (84.3%) and quality assurance (92.3%) shortfalls were not done. A high percentage of respondents indicated that training on quality (76.8%) and regulations (69.8%) was critical. Thus, it is imperative that these abattoirs develop a food safety management system comprising of QA programmes, a microbial assessment scheme, regulatory compliance, standard operating procedures, internal and external auditing and training of workers.

  3. A survey on auditing, quality assurance systems and legal frameworks in five selected slaughterhouses in Bulawayo, south-western Zimbabwe

    Directory of Open Access Journals (Sweden)

    Kaurai E. Masanganise

    2013-06-01

    Full Text Available The purpose of this study was to explore the audits, quality assurance (QA programmes and legal frameworks used in selected abattoirs in Zimbabwe and slaughterhouse workers’ perceptions on their effectiveness. Data on slaughterhouse workers was gathered through a self-completed questionnaire and additional information was obtained from slaughterhouse and government records. External auditing was conducted mainly by the Department of Veterinary Public Health with little contribution from third parties. Internal auditing was restricted to export abattoirs. The checklist used on auditing lacked objective assessment criteria and respondents cited several faults in the current audit system. Most respondents (>50.0% knew the purposes and benefits of audit and QA inspections. All export abattoirs had QA programmes such as hazard analysis critical control point and ISO 9001 (a standard used to certify businesses’ quality management systems but their implementation varied from minimal to nil. The main regulatory defect observed was lack of requirements for a QA programme. Audit and quality assurance communications to the selected abattoirs revealed a variety of non-compliances with most respondents revealing that corrective actions to audit (84.3% and quality assurance (92.3% shortfalls were not done. A high percentage of respondents indicated that training on quality (76.8% and regulations (69.8% was critical. Thus, it is imperative that these abattoirs develop a food safety management system comprising of QA programmes, a microbial assessment scheme, regulatory compliance, standard operating procedures, internal and external auditing and training of workers.

  4. Dietary supplements: International legal framework and adulteration profiles, and characteristics of products on the Brazilian clandestine market.

    Science.gov (United States)

    da Justa Neves, Diana Brito; Caldas, Eloisa Dutra

    2015-10-01

    The objectives of this work were to evaluate current legislation on dietary supplements in the United States, the European Union and Brazil, and the profile of adulterated and/or irregular products on these markets. Due to a less restrictive legal framework, a supplement product that is freely available in the US may be considered a drug or even be proscribed in the EU and Brazil, thus giving rise to a clandestine market based on smuggling. From 2007 to 2014, the United States Food and Drug Administration reported 572 cases of supplement adulterations in the country, mainly products for sexual enhancement (41.6%). Data from the European Union Rapid Alert System for Food and Feed showed 929 adulterations during the same period, over 40% due to unauthorized ingredients or undeclared medicines. From 2007 to 2013, the Brazilian Federal Police Department seized 5470 supplement products, 92.2% with an American-declared origin. Qualitative chemical analyses performed on 2898 products found 180 adulterations, 41.1% due to undeclared drugs, mainly anabolic steroids, anorectics and products for erectile dysfunction, all considered medicines in Brazil. Educating the public regarding the potential risks they are taking when consuming adulterated or irregular products is necessary to protect the health of consumers. Copyright © 2015 Elsevier Inc. All rights reserved.

  5. ANTI-TERRORISM LEGAL FRAMEWORK IN INDONESIA: ITS DEVELOPMENT AND CHALLENGES

    Directory of Open Access Journals (Sweden)

    Topo Santoso

    2013-04-01

    Full Text Available Indonesia is a nation that has been subject to many of high profile terrorist cases. In relation to this, Indonesia’s legal framework on anti-terrorism contains provisions that have been generally practiced by other countries. After the 2002 Bali Bombing, the Indonesian government issued Government Regulation in Lieu of Law (Perpu No. 1/2002 on Anti-terrorism and Perpu No. 2/2002 (which made the Perpu No.1/2002 retroactively applicable to the Bali bombings. The parliament adopted both in early 2003 in the form of Law No. 15/2003 and Law No. 16/2003. The Constitutional Court decided that Law No. 16/2003 was in-constitutional, because it was against principle of non-retroactivity stipulated under Article 28I of the 1945 Constitution. Indonesia adalah korban dari beberapa serangan teroris bersakal besar. Terkait terorisme ini, kerangka hukum anti-terorisme telah memuat ketentuan-ketentuan yang secara umum juga diterima oleh berbagai negara. Pasca Bom Bali tahun 2002, lahirlah Peraturan Pengganti Undang-Undang (Perpu No. 1/2002 tentang Pemberantasan Tindak Pidana Terorisme dan Perpu No. 2/2002 yang memberlakukan surut Perpu 1/2002 untuk peristiwa Bom Bali. Dua Perpu itu kemudian diterima menjadi Undang-Undang (UU oleh Dewan Perwakilan Rakyat (DPR dalam bentuk UU No. 15/2003 dan UU 15/2003. Mahkamah Konstitusi memutuskan bahwa ketentuan pemberlakuan surut itu bertentangan dengan asas non-retroaktif yang tercantum dalam Undang-Undang Dasar 1945 khususnya Pasal 28I.

  6. The legal framework governing the quality of (traditional) herbal medicinal products in the European Union.

    Science.gov (United States)

    Kroes, Burt H

    2014-12-02

    In the European Union a complex regulatory framework is in place for the regulation of (traditional) herbal medicinal products. It is based on the principle that a marketing authorisation granted by the competent authorities is required for placing medicinal products on the market. The requirements and procedures for acquiring such a marketing authorisation are laid down in regulations, directives and scientific guidelines. This paper gives an overview of the quality requirements for (traditional) herbal medicinal products that are contained in European pharmaceutical legislation. Pharmaceutical quality of medicinal product is the basis for ensuring safe and effective medicines. The basic principles governing the assurance of the quality of medicinal products in the European Union are primarily defined in the amended Directive 2001/83/EC and Directive 2003/63/EC. Quality requirements of herbal medicinal products are also laid down in scientific guidelines. Scientific guidelines provide a basis for practical harmonisation of how the competent authorities of EU Member States interpret and apply the detailed requirements for the demonstration of quality laid down in regulations and directives. Detailed quality requirements for herbal medicinal products on the European market are contained in European Union (EU) pharmaceutical legislation. They include a system of manufacturing authorisations which ensures that all herbal medicinal products on the European market are manufactured/imported only by authorised manufacturers, whose activities are regularly inspected by the competent authorities. Additionally, as starting materials only active substances are allowed which have been manufactured in accordance with the GMP for starting materials as adopted by the Community. The European regulatory framework encompasses specific requirements for herbal medicinal products. These requirements are independent from the legal status. Thus, the same quality standards equally apply

  7. Legal framework for a sustainable biomass production for bioenergy on Marginal Lands

    Science.gov (United States)

    Baumgarten, Wibke; Pelikan, Vincent

    2017-04-01

    The EU H2020 funded project SEEMLA is aiming at the sustainable exploitation of biomass for bioenergy from marginal lands in Europe. Partners from Germany, Italy, Ukraine and Greece are involved in this project. Whereas Germany can be considered as well-established and leading country with regard to the production of bioenergy, directly followed by Italy and Greece, Ukraine is doing its first steps in becoming independent from fossil energy resources, also heading for the 2020+ goals. A basic, overarching regulation is the Renewable Energy Directive (RED) which has been amended in 2015; these amendments will be set in force in 2017. A new proposal for the period after 2020, the so called RED II, is under preparation. With cross-compliance and greening, the Common Agricultural Policy (CAP) offers measures for an efficient and ecological concept for a sustainable agriculture in Europe. In country-specific National Renewable Energy Action Plans (NREAP) a concept for 2020 targets is given for practical implementation until 2030 which covers e.g. individual renewable energy targets for electricity, heating and cooling, and transport sectors, the planned mix of different renewables technologies, national policies to develop biomass resources, and measures to ensure that biofuels are used to meet renewable energy targets are in compliance with the EU's sustainability criteria. While most of the NREAP have been submitted in 2010, the Ukrainian NREAP was established in 2014. In addition, the legal framework considering the protection of nature, e.g. Natura 2000, and its compartments soil, water, and atmosphere are presented. The SEEMLA approach will be developed in agreement with this already existing policy framework, following a sustainable principle for growing energy plants on marginal lands (MagL). Secondly, legislation regarding bioenergy and biomass potentials in the EU-28 and partner countries is introduced. For each SEEMLA partner an overview of regulatory

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

    NARCIS (Netherlands)

    Conti, K.I.; Gupta, J.

    2014-01-01

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

  9. A Model-Based Framework for Legal Policy Simulation and Compliance Checking

    OpenAIRE

    Soltana, Ghanem

    2017-01-01

    Information systems implementing requirements from laws and regulations, such as taxes and social benefits, need to be thoroughly verified to demonstrate their compliance. Several Verification and Validation (V&V) techniques, such as reliability testing, and modeling and simulation, can be used for assessing that such systems meet their legal. Typically, one has to model the expected (legal) behavior of the system in a form that can be executed (simulated), subject the resulting models and th...

  10. The legal framework of the EU towards public-private partnerships

    Directory of Open Access Journals (Sweden)

    Vasiljev Vladimir

    2014-01-01

    Full Text Available This paper presents an overview of the basic elements of the status of public-private partnerships in community law. Displays an overview of EU legislation that deals with the PPP and the basic principles of community law and their impact on PPP arrangements. In particular, analyzes Articles 56 and 49 of the EU Treaty on the freedom to provide services and freedom of establishment and the positive provisions on transparency, and examples from the case law of the European Court of Justice. It analyzes the Public Procurement Directives of the European Commission and its impact on PPP. In particular, we analyze the relationship Directive as concessions as a PPP model and other contractual PPPs, as well as their position in relation to the EU Treaty and the fundamental principles of community law. In conclusion summarizing the shortcomings of the current EU legislative framework in relation to PPP.

  11. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  12. Environmental Impact Assessment in the marine environment: A comparison of legal frameworks

    International Nuclear Information System (INIS)

    Guerra, Flávia; Grilo, Catarina; Pedroso, Nuno M.; Cabral, Henrique

    2015-01-01

    Environmental Impact Assessment (EIA) is a well-established practice in most developed countries, even though its application to projects in the marine environment is at a much earlier stage of development. We use the Portuguese example to address marine EIA legislation since its exclusive economic zone (EEZ) is currently the third largest in the European Union and its EIA legislation does not require various offshore activities with potentially negative environmental impacts to undergo EIA before being licensed. This paper aims to determine whether three types of projects implemented within Portuguese maritime zones – artificial reefs using sunken ships, hydrocarbon prospecting and wave-energy generation – would benefit from application of an appropriately designed EIA. We have conducted a structured review of EIA legal provisions from seven other countries, and considered whether a full EIA was required for each project type. Consequently, 12 Environmental Impact Statements (EIS) have been compared to identify patterns of (dis)similarity across countries and project types. Additionally, we identified key descriptors and predicted impacts for each project type referred to in their EIS. The main conclusion is that ultimately all three projects would benefit from mandatory EIA in Portugal. This paper is relevant for countries with large maritime areas and underdeveloped marine EIA legislation, helping improve international policy-making relating to these three types of marine projects. - Highlights: • EIA is not mandatory for some project types developed in Portuguese maritime zones. • Artificial reefs, oil&gas prospecting and wave-energy licensing differ in 8 countries. • EIA should be mandatory in Portugal for artificial reefs and oil&gas prospecting. • However, an AEInc approach is enough for wave-energy projects in Portugal. • Findings could be extended to other EU countries with extensive maritime zones

  13. Environmental Impact Assessment in the marine environment: A comparison of legal frameworks

    Energy Technology Data Exchange (ETDEWEB)

    Guerra, Flávia, E-mail: f.c.diasguerra@vu.nl [Institute for Environmental Studies, VU University Amsterdam, De Boelelaan 1087, 1081 HV Amsterdam (Netherlands); Liga para a Protecção da Natureza, 1500-124 Lisboa (Portugal); Grilo, Catarina [Liga para a Protecção da Natureza, 1500-124 Lisboa (Portugal); Pedroso, Nuno M. [Laboratório de Ecologia Isotópica — CENA, Universidade de São Paulo, Caixa Postal 96, 13416-000 Piracicaba, SP (Brazil); Centre for Ecology, Evolution and Environmental Changes — cE3c, Faculdade de Ciências, Universidade de Lisboa, 1749-016 Lisboa (Portugal); Cabral, Henrique [MARE — Marine and Environmental Sciences Centre, Faculdade de Ciências, Universidade de Lisboa, 1749-016 Lisboa (Portugal)

    2015-11-15

    Environmental Impact Assessment (EIA) is a well-established practice in most developed countries, even though its application to projects in the marine environment is at a much earlier stage of development. We use the Portuguese example to address marine EIA legislation since its exclusive economic zone (EEZ) is currently the third largest in the European Union and its EIA legislation does not require various offshore activities with potentially negative environmental impacts to undergo EIA before being licensed. This paper aims to determine whether three types of projects implemented within Portuguese maritime zones – artificial reefs using sunken ships, hydrocarbon prospecting and wave-energy generation – would benefit from application of an appropriately designed EIA. We have conducted a structured review of EIA legal provisions from seven other countries, and considered whether a full EIA was required for each project type. Consequently, 12 Environmental Impact Statements (EIS) have been compared to identify patterns of (dis)similarity across countries and project types. Additionally, we identified key descriptors and predicted impacts for each project type referred to in their EIS. The main conclusion is that ultimately all three projects would benefit from mandatory EIA in Portugal. This paper is relevant for countries with large maritime areas and underdeveloped marine EIA legislation, helping improve international policy-making relating to these three types of marine projects. - Highlights: • EIA is not mandatory for some project types developed in Portuguese maritime zones. • Artificial reefs, oil&gas prospecting and wave-energy licensing differ in 8 countries. • EIA should be mandatory in Portugal for artificial reefs and oil&gas prospecting. • However, an AEInc approach is enough for wave-energy projects in Portugal. • Findings could be extended to other EU countries with extensive maritime zones.

  14. Legal, technical and financial framework of photovoltaic self-consumption. German experience feedback

    International Nuclear Information System (INIS)

    Persem, Melanie

    2014-01-01

    This document presents some key information and figures about self-consumption from photovoltaic power plants and cogeneration plants in Germany: definition and regulatory conditions of self-consumption, share of self-consumption in the overall electricity consumption, legal aspects and feed-in tariffs, grid parity achievement and modification of the support system, financial incentives for households, tertiary sector and industry, legal aspects of direct consumption by third parties, opportunities and challenges of PV self-consumption, citizens and companies commitment in energy transition, technical challenges, impact on grid dimensioning, challenge of storage on electric system optimisation, economic impact and 'lack of solidarity', summary and recommendations

  15. Subjects of the State within the Russian Federation: Constitutional and Legal Framework

    Science.gov (United States)

    Tumanov, Dmitriy Yu.; Sakhapov, Rinat R.

    2016-01-01

    The purpose of this study is to analyze the modern problems of federalism in the Russian Federation. In particular, the article examines the main provisions of the Constitution of the Russian Federation, which regulate the legal status of subjects in the Russian Federation, their rights and responsibilities, limits of autonomy and differentiation…

  16. What the History of Drugs Can Teach Us About the Current Cannabis Legalization Process: Unfinished Business.

    Science.gov (United States)

    Adrian, Manuella

    2015-01-01

    Over time, there have been considerable changes in the variety, availability, production, distribution, and use and user(s) of psychoactive substances, the meaning of substance use and its impact on users and their social or physical environment(s). This article reviews the mechanisms of introduction of psychoactive substances such as alcohol, tobacco, coffee, tea and cannabis to populations and communities that did not have them before. It considers the historical tension between early adopters who greet new substances with various levels of enthusiasm in their eagerness to enjoy what they believe to be the benefits of using these substances, and those focused on what they believe to be the negative aspects of use, who decry these new substances with horror. With more nonusers than users in the population, social policies tend to be directed at preventing, restricting, or punishing selected use, users and .drugs., using controls and interventions such regulation, incarceration, death sentence, treatment, prevention, legalization, taxation, among others. Whatever their intent or wished-for impact, all had consequences that produced additional, unplanned for, and (often) negative effects. This paper will consider some of these sequences as they occurred historically with other substances in light of the current shift to legalization and normalization of cannabis, noting the mechanisms of use, controls, and consequences of some types of formal interventions and give some attention to how and what we can learn from our experiences in order to plan ahead and become better prepared to successfully deal with the 'unexpecteds' of that well-known 'hell' paved with good intentions.

  17. Impact of E-Cigarette Minimum Legal Sale Age Laws on Current Cigarette Smoking.

    Science.gov (United States)

    Dutra, Lauren M; Glantz, Stanton A; Arrazola, René A; King, Brian A

    2018-05-01

    The purpose of this study was to use individual-level data to examine the relationship between e-cigarette minimum legal sale age (MLSA) laws and cigarette smoking among U.S. adolescents, adjusting for e-cigarette use. In 2016 and 2017, we regressed (logistic) current (past 30-day) cigarette smoking (from 2009-2014 National Youth Tobacco Surveys [NYTS]) on lagged (laws enacted each year counted for the following year) and unlagged (laws enacted January-June counted for that year) state e-cigarette MLSA laws prohibiting sales to youth aged e-cigarette and other tobacco use, sex, race/ethnicity, and age) and state-level (smoke-free laws, cigarette taxes, medical marijuana legalization, income, and unemployment) covariates. Cigarette smoking was not significantly associated with lagged MLSA laws after adjusting for year (odds ratio [OR] = .87, 95% confidence interval [CI]: .73-1.03; p = .10) and covariates (OR = .85, .69-1.03; p = .10). Unlagged laws were significantly and negatively associated with cigarette smoking (OR = .84, .71-.98, p = .02), but not after adjusting for covariates (OR = .84, .70-1.01, p = .07). E-cigarette and other tobacco use, sex, race/ethnicity, age, and smoke-free laws were associated with cigarette smoking (p e-cigarette use and other tobacco use yielded a significant negative association between e-cigarette MLSA laws and cigarette smoking (lagged: OR = .78, .64-.93, p = .01; unlagged: OR = .80, .68-.95, p = .01). After adjusting for covariates, state e-cigarette MLSA laws did not affect youth cigarette smoking. Unadjusted for e-cigarette and other tobacco use, these laws were associated with lower cigarette smoking. Copyright © 2017 The Society for Adolescent Health and Medicine. All rights reserved.

  18. System and market integration of photovoltaic systems by decentralised energy storage devices? An analysis of the technical potentials and the legal framework; System- und Marktintegration von Photovoltaik-Anlagen durch dezentrale Stromspeicher? Eine Analyse der technischen Potentiale und rechtlichen Rahmenbedingungen

    Energy Technology Data Exchange (ETDEWEB)

    Predki, Henryk

    2013-06-15

    The massive growth of photovoltaics (PV) challenges the German electricity supply system. It is necessary to adjust the generation of electricity from PV to the demand, to prevent power grid overloads due to solar electricity and to integrate the electricity into the market. This thesis examines, how decentralised energy storage devices can contribute to overcome these challenges and to what extent this approach is promoted by the current legal framework. It shows, that decentralised energy storage devices could contribute to the system und market inte-gration of PV, but the legal incentives are insufficient to realise this potential.

  19. Corporate Criminal Liability for Corruption Offences and the Due Diligence Defence: A Comparison of the Dutch and English Legal Frameworks

    Directory of Open Access Journals (Sweden)

    Bram Meyer

    2014-07-01

    Full Text Available This article addresses the question of to what extent companies can be held criminally liable for – active – bribery offences perpetrated by their employees. It focuses on the questions of to what extent companies have a duty of care to prevent bribery by employees and to what extent can a breach of such a duty of care cause criminal liability to ensue.In this contribution, the authors set out to answer these questions by comparing the Dutch and the British legal systems. After assessing the international and national legal frameworks, they conclude that the Dutch anti-corruption provisions are, compared to the British, broadly formulated, including ambiguous terms and that – as a result of this – their scope is somewhat vague. Due diligence measures have a varying effect on determining the criminal liability of companies. In contrast, the due diligence question has a fixed, unequivocal place in the UK system of determining criminal liability, making the UK system seem more straightforward. But still, neither anti-corruption legislation nor case law provides clarity as to the scope of due diligence measures. To increase legal certainty, this article calls upon the Dutch Government to produce guidelines, similar to the British MoJ Guidance, that provide specific examples of the details of a compliance scheme.

  20. The Legal Framework of the Consumer Associations in the Romanian Consumer Law

    Directory of Open Access Journals (Sweden)

    Juanita GOICOVICI

    2009-06-01

    Full Text Available This study is an analysis of the main legalaspects related to the activity of consumerassociations, seen as promoters of collectiveinterests of their members, in the RomanianConsumer Law. As a social partner of the publicadministration’ organisms, these associations playthree kinds of roles: (1 representing the consumersin the organisms of public administration;(2 informing and advising their members inquestions related to the purchase of products orthe supply of services; (3 taking legal actionsin order to obtain the protection of a collectiveinterest of consumers or the cessation of a illegalcommercial practice. This article also stresses theimportance of non governmental organizations ofconsumers’ right to be consulted by the PublicAdministration’ representatives, in the process ofelaborating legal norms and procedures relatedto consumers’ protection. The non governmentalorganizations of consumers are entitled to betreated as social partners, while representing theirmembers in the specialized organisms, at a nationalor local level, in which the Public Administrationauthorities are represented.

  1. Development of regulatory and legal framework for spent fuel and radwaste management

    International Nuclear Information System (INIS)

    Bezzubtsev, V.S.

    2012-01-01

    The Basics of National Policy in Nuclear and Radiation Safety assurance in the Russian Federation define the principles and objectives of nuclear and radiation safety of nuclear facilities during all stages of their life cycle. Russia's National Report at the Fourth Review Meeting of Contracting Parties to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management reflected the organizational as well as legal and regulatory changes that have taken place over past three years. Amendments recently made to the Russian Nuclear Energy Law as well as the Law on Radwaste Management adopted in 2011 are discussed. Federal norms and regulations in the field of spent fuel and radwaste management are also presented. Organizational and legal reforms related to state safety regulation are described [ru

  2. Racial, Ethnic, or National Minority? Legal Discourses and Policy Frameworks on the Roma in Hungary and Beyond

    Directory of Open Access Journals (Sweden)

    Andras L. Pap

    2015-09-01

    Full Text Available Inspired by recent Hungarian legislative developments that, in reference to the Roma minority, exchanged the term “ethnic minority” with “nationality”, by providing a detailed case study of the development and morphology of policy measures and frameworks in Hungary, the article provides a general assessment of the relationship between policy instruments and terminology: that is, definitions and conceptualizations in international and domestic legal and policy documents for minority groups. The author argues that while terminology in itself is not a reliable signifier for policy frameworks, it may reveal contradictory group conceptualization and inconsistent policy-making. In regards to the Roma, the author claims that the inconsistent labelling as an ethnic, racial and national minority reflects the lack of consistent conceptualization of who the Roma are, and what should be done with them.

  3. 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

  4. Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen

    OpenAIRE

    رشاد نعمان العامري

    2017-01-01

    Franchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical knowledge from Franchisor to Franchisee. In Yemen, Franchise has not received any private legal legislation till the moment, necessitating applying contract articles, contracts general principles and som...

  5. Legal Framework for Establishing and Functioning of Start–Ups in the Conditions of Slovak Legislation

    Directory of Open Access Journals (Sweden)

    Ilková Zuzana

    2017-12-01

    Full Text Available The existing legal regulation of the Slovak Republic allowed small and medium–sized enterprises, which form a basis for the business environment, not only in Slovakia but also in economically advanced countries, to have a legal form of any of the four types of commercial companies or cooperatives. According to the Concept for Supporting Start–ups and Start–up Ecosystem in the Slovak Republic, for the optimal engagement of investors and start–up development in the Slovak Republic, it is most effective to introduce a new form of capital commercial company that will allow for a flexible set–up of property relationships, investors’ entry and exit from the investment. The paper deals with the issue of special regulation of private law, company law. It points out some of the changes introduced to the regulation of commercial companies by introducing a new type of capital company, a simple joint–stock company and highlights possible problems in application. The new form of a capital commercial company was established by an amendment to the Commercial Code, Act no. 389/2015 Coll., which entered into force on January 1st, 2017. The purpose of the new form of a commercial company, as stated in the explanatory memorandum, is to ensure the legal form of a legal entity, which would be a complex and, at the same time, simple solution for risky investment in the form of commercial companies, especially investments to start–ups. To what extent the new form of a commercial company will meet the expectations of investors, will only be proved after its practical implementation and after the expression of the investors' interest in engaging in such form of company.

  6. Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen

    Directory of Open Access Journals (Sweden)

    رشاد نعمان العامري

    2017-10-01

    Full Text Available Franchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical knowledge from Franchisor to Franchisee. In Yemen, Franchise has not received any private legal legislation till the moment, necessitating applying contract articles, contracts general principles and some provisions embodied in the texts of other laws that are suitable to be applied to some of its issues and provisions, in addition to what is inspired by provisions in foreign laws. This study aimed to distinguish franchise agreement from similar contracts that have become common in the commercial field; to identify important legal and practical problems facing franchise agreement as well as suggest solutions to address such problems; and to propose regulatory principles that can be used by the Yemeni legislator in the future when enacting laws that govern franchise agreement. To achieve these objectives, the study followed a descriptive analytical method. The study concludes that the franchise agreement has not received any special legal legislation in Yemen so far; and also the franchise agreement is characterized by a complex nature and has special features. Keywords: Franchise, Trade mark, Technical knowledge, Franchisor, Franchisee.

  7. 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.

  8. 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.

  9. The Marija Šarapova Case (related to the Croatian legal framework on damages liability

    Directory of Open Access Journals (Sweden)

    Blanka Kačer

    2018-01-01

    Full Text Available Here an attempt is made to find a legal solution to a principle problem together with analysis of a concrete example. There is confrontation between two indisputable but partially mutually exclusive rights. On the one hand, freedom of speech privately and /or publicly and this opinion need not be at all positive, and on the other hand there is every individual’s right to be free of any insult both private and public including expressing one’s own opinion which offends another. It is necessary to establish the limit of illegality. This depends on which right takes precedence. This involves an actual event in which various female tennis players publicly protested, and in this way put pressure on tournament organizers against inviting to the tournament a female tennis player who had just finished “serving” her punishment of a 15 month ban on playing at tournaments. This punishment was the result of her being caught under inspection of her as an athlete and whether she had consumed some substances from the list of forbidden substances. After thorough analysis, it was concluded that a mild display of opinion was involved which did not in any way offend another’s honour nor threaten or damage another’s personality rights. However, if this were exaggerated, then the limit has been violated– a line has been crossed which divides illegal from legal behaviour. In this second case, if other legal conditions are met, there is a case for damages lability. In the first instance, because cumulative fulfilment of all conditions is necessary, no civil damages liability exists.

  10. The Albanian legal framework on non-discrimination and gender equality in employment relationships

    Directory of Open Access Journals (Sweden)

    Ilir Rusi

    2012-02-01

    Full Text Available The aim of this article is to present the concept of bankruptcy as a legal judicial procedure to be followed in case that the legal or natural person becomes insolvent. The paper is focused on the meaning of bankruptcy, the subjects of bankruptcy proceedings, causes for the opening of this proceeding, the competent court and its decision according to the law no.8901, dated 23.05.2002 “On bankruptcy” published in official Journal nr.31/2002. These article deals also with the organs of bankruptcy proceedings, administrator, meeting of creditors and methods of the conclusion of bankruptcy proceedings. A brief description of debtor’s possibilities during bankruptcy proceedings is given also in article. It deals with debtor’s closeout, rehabilitation/reorganization of the company and debtor’s liquidation. However, it should be noted that the bankruptcy procedure is a procedure not very widespread in our country, that due to the small number of cases before our courts. It also has to do with the fact that subjects rarely addressed the court.

  11. Urban air quality management and information systems in Europe: legal framework and information access

    International Nuclear Information System (INIS)

    Karatzas, K.; Moussiopoulos, N.

    2000-01-01

    The European Union (EU) legislative framework related to air quality, together with national legislation and relevant declarations of the United Nations (UN), requires an integrated approach concerning air quality management (AQM), and accessibility of related information for the citizens. In the present paper, the main requirements of this legislative framework are discussed and main air quality management and information system characteristics are drawn. The use of information technologies is recommended for the construction of such systems. The World Wide Web (WWW) is considered a suitable platform for system development and integration and at the same time as a medium for communication and information dissemination. (author)

  12. Urban air quality management and information systems in Europe: legal framework and information access

    Energy Technology Data Exchange (ETDEWEB)

    Karatzas, K.; Moussiopoulos, N. [Aristotle University of Thessaloniki (Greece). Department of Mechanical Engineering, Laboratory of Heat Transfer and Environmental Engineering

    2000-06-01

    The European Union (EU) legislative framework related to air quality, together with national legislation and relevant declarations of the United Nations (UN), requires an integrated approach concerning air quality management (AQM), and accessibility of related information for the citizens. In the present paper, the main requirements of this legislative framework are discussed and main air quality management and information system characteristics are drawn. The use of information technologies is recommended for the construction of such systems. The World Wide Web (WWW) is considered a suitable platform for system development and integration and at the same time as a medium for communication and information dissemination. (author)

  13. The international legal framework for the management of the global oceans social-ecological system

    NARCIS (Netherlands)

    Bigagli, E.

    2016-01-01

    This paper evaluates the international agreements in place for the protection of the environment and the regulation of human activities taking place in world's oceans and seas. 500 multilateral agreements were reviewed against a framework of reference, grounded on the theoretical approaches of

  14. The Post-9/11 European Union Counterterrorism Response: Legal-Institutional Framework

    Science.gov (United States)

    2012-12-01

    library/ biblio /publications/2011/fin_report/fin_report_11_en.pdf. 427 Heading 3a: Freedom, security and justice did not exist in the Financial Framework...European Union, 2012. Accessed November 8,2012. http://ec.europa.eu/budget/library/ biblio /publications/2011/fin_report/fin_report_1 1_en.pdf. European

  15. The Applicability of Western Socio-Legal Frameworks to the Study of Negotiation in Chinese Society

    Science.gov (United States)

    Chung, Mona; Ingleby, Richard

    2011-01-01

    Theoretical frameworks for the examination of negotiation generated by Western academics do not easily translate to Chinese society because of fundamental differences between Western and Chinese society. Attempts to study negotiation in Chinese society and to improve negotiation between Chinese and Western business people are themselves…

  16. A framework for current public mental health care practice in South Africa.

    Science.gov (United States)

    Janse Van Rensburg, A B

    2007-11-01

    One of the main aims of the new Mental Health Care Act, Act No. 17 of 2002 (MHCA) is to promote the human rights of people with mental disabilities in South Africa. However, the upholding of these rights seems to be subject to the availability of resources. Chapter 2 of the MHCA clarifies the responsibility of the State to provide infrastructure and systems. Chapters 5, 6 and 7 of the Act define and regulate the different categories of mental health care users, clarify the procedures around these categories and spell out mental health practitioners' roles and responsibilities in this regard. Also according to the National Health Act No. 61 of 2003, the State remains the key role player in mental health care provision, being responsible for adequate mental health infrastructure and resource allocation. Due to "limited resources" practitioners however often work in environments where staff ratios may be fractional of what should be expected and in units of which the physical structure and security is totally inadequate. The interface between professional responsibility of clinical workers versus the inadequacy of clinical interventions resulting from infrastructure and staffing constraints needs to be defined. This paper considered recent legislation currently relevant to mental health care practice in order to delineate the legal, ethical and labour framework in which public sector mental health practitioners operate as state employees. These included the Mental Health Care Act, No.17 of 2002; the National Health Act, No. 61 of 2003 and the proposed Traditional Health Practitioners Act, No. 35 of 2004. Formal legal review of and advice on this legislation as it pertains to public sector mental health practitioners as state employees, is necessary and should form the basis of the principles and standards for care endorsed by organized mental health care practitioner groups such as the South African Society of Psychiatrists (SASOP).

  17. 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...

  18. FRAMEWORKING THE PRESS FREEDOM, AT THE BORDER BETWEEN LEGAL AND SELF-REGULATION

    Directory of Open Access Journals (Sweden)

    Cristina Anca PĂIUȘESCU

    2014-05-01

    Full Text Available Freedom of the press is essential to democracy and to a pluralistic culture. Most journalists are against any form of legal regulation considering the creation of a press law as an interference with freedom of the press, while state authorities considered necessary minimum set of rules to sanction those who exceed the "normality" of free speech. If in the audiovisual field the legislation tends toward European standards, for print media all draft laws proposed so far by different political parties or the government have failed. Representatives of the major newspapers saw each time in these legislative proposals an attempt to "choke" the freedom of the press. In this context, self-regulation is seen as a way in which journalists can establish their own rules in order to protect themselves from the state attempt to regulate this area, a method of protecting against political manipulation and preventing the erosion of public trust, and it is also seen as a method of education within the profession.

  19. How the Triangle of Bologna Quality Assurance, a National Legal Framework and Internal Quality Enhancement Supports Institutional Improvement

    Directory of Open Access Journals (Sweden)

    Veronika Kareva

    2017-06-01

    Full Text Available The Republic of Macedonia (RM has been a part of the Bologna process since 2003. The Ministry of Education, law and policy makers and higher education institutions have actively engaged with its main concepts. In parallel with this, since the adoption of the law on higher education in 2008 and the reform of the Accreditation and Evaluation Board, there have been numerous changes and amendments culminating in the fast-tracked adoption of a new law at the beginning of 2015. Some of its solutions created a huge debate among the academic community, other intellectuals and students themselves, resulting in the postponement of that law and a kind of legal vacuum. In such turbulent circumstances, individual higher education institutions had to consider how and to what extent to adopt and develop relevant standards and guidelines, comply with the legal framework and promote good practice. The aim of this paper is to present how these three aspects, Bologna standards and guidelines for Quality Assurance (QA, a national legal framework and an institutional approach are being reflected, merged and implemented at a relatively young higher education institution. It questions the impact of these three elements on each other and how one institution’s drive for improvement is affected. This is done through a qualitative analysis of the three-fold perspectives. The conclusions and recommendations are expected to be of use to policy makers in the country and region as they evaluate how international trends and good practice fit into the socio-economic and political conditions of RM and similar countries. At the same time, it can demonstrate how far institutional quality assurance and progress can be implemented and recognized in the country itself and by some international stakeholders. It can also prove that the South East European University (SEEU is a national leader in this field as RM has no functioning QA evaluation system, while SEEU has managed to

  20. Abortion before the judge] Moves to bring a social conflict within a legal framework in FRG.

    Science.gov (United States)

    Heinrichs, J

    1989-01-01

    In 1976 there was a complete overhaul and significant liberalization of the criminal code statutes governing termination of pregnancy in the Federal Republic of Germany. Yet in 1989 there was still a demand for restricting the criminal law, whereas others were calling for total elimination of criminal law restrictions on termination of pregnancy (Section 218 of the Criminal Code). Following investigations by the public prosecutors in Celle, Nuremberg, and Koblenz, a major criminal case was generating a great deal of interest in Memmingen, a town in Bavaria. In that case, gynecologist Dr. Horst Theissen stood accused of carrying out 156 illegal abortions. This was revealed during a tax investigation; however, the revenue officials simply disregarded the legal principle of medical confidentiality and passed the doctor's files to the public prosecutor's office. In consequence, hundreds of women and their relatives were served summonses and the doctor himself was put in trial. The charge against him was that the mandatory consultations prior to termination of pregnancy had not been carried out in compliance with the law. However, the main reason for taking action was the assumption that no emergency had existed. The Bavarian Christian Democrats resolved to investigate the possibility of appealing to the Federal Constitutional Court to examine the degree to which Sections 218b and 219 of the Criminal Code might be in conflict with the basic principles of the Constitution. Jurists from the same political camp were demanding a new criminal provision to block the availability of RU-486. The Association of Gynecologists opposed the notion of medical findings being subjected to review by lawyers; it considered this to be a breach of the confidentiality of the doctor/patient relationship. In extensive press campaigns concerned women, men, and physicians acknowledged their involvement in abortions and demanded an end to criminalization.

  1. Bivalve aquaculture transfers in Atlantic Europe. Part A: Transfer activities and legal framework

    DEFF Research Database (Denmark)

    Muehlbauer, F.; Fraser, D.; Brenner, M.

    2014-01-01

    environment and address economic considerations remains unanswered. This study provides the first overview of bivalve transfer activities for aquaculture purposes along the European Atlantic coast. Existing international and EU legislation is described, and potential weaknesses in the existing legislative......Intentional transfers of numerous bivalve species have had a long tradition and are commonly conducted along the European Atlantic coast. However numerous studies have concluded that intentional transfer of species for aquaculture purposes is one of the most principal vectors for the introduction...... frameworks are discussed. Recommendations for the development of integrated risk assessment methods are given. These may help to minimize the intrinsic threats of transfer activities in marine environments. The resulting impacts and effects of transfer activities of bivalves for aquaculture purpose...

  2. Russian law: the legal framework for foreign investment in the Russian petroleum industry - problems and progress

    International Nuclear Information System (INIS)

    Barmin, A.; Doeh, D.

    1994-01-01

    Recent developments in Russian law relating to foreign investment in the petroleum industry are reviewed. The central piece of legislation regulating foreign investment is the Law on Foreign Investments of 1991. Its significance is that it is opened up to foreign investment that had been a closed society but it did not set out how and or what conditions investors' rights were to be acquired and exercised. The main problems that have had to be dealt with include: determining which government authorities (federal, republic, regional etc.) have the power to grant petroleum exploration and production rights; determining the methods by which these rights may be obtained and on what terms; determining export rights; establishing the basis for taxation; establishing the general framework for foreign investment in Russia. The extent to which these issues have been resolved is discussed and remaining areas of concern considered. (UK)

  3. An analysis of the legal and market framework for the cogeneration sector in Croatia

    International Nuclear Information System (INIS)

    Loncar, D.; Duic, N.; Bogdan, Z.

    2009-01-01

    Following a strategic orientation towards sustainable development, the Government of the Republic of Croatia has changed its energy legislation and has put forward a framework for the systematic development and increased use of renewable energy sources and cogeneration. This paper focuses on changes in the regulatory context relevant to the cogeneration sector and also analyses the impact of energy market transition on cogeneration viability in municipal district heating, industry, services and the residential sector. Particular attention has been paid to the expected changes of heat, electricity and gas prices. We present a simple model for quantitative prediction of the cogeneration system profitability at different power levels under given national circumstances. Our findings support a need for a strong institutional support for initial penetration of the micro-cogeneration technologies into the Croatian energy system. (author)

  4. The Energy Charter Treaty and Related Documents. A Legal Framework for International Energy Cooperation

    International Nuclear Information System (INIS)

    2004-01-01

    The Energy Charter Treaty is a unique instrument for the promotion of international cooperation in the energy sector. Following its entry into force on 16 April 1998, the Treaty, together with the related documents contained in this booklet, provides an important legal basis for the creation of an open international energy market. The Charter process includes the countries of the enlarged European Union, Central and Eastern Europe, the Russian Federation, Central Asia and the Caucasus, as well as Japan, Australia and Mongolia. The Treaty remains open for accession by all countries committed to observance of its principles. It is very positive in this regard that states such as China, Iran, South Korea and the countries of ASEAN are taking a close interest in the Charter process, thus opening up the prospect of a further extension of its geographical scope. The primary challenge facing the constituent members of the Energy Charter process in the coming years will be that of ensuring full implementation of the Treaty's commitments. This will entail increased focus on multilateral cooperation over transit, trade, investments, environmental protection and energy efficiency. By continuing to build on its existing work in these areas, the Charter process stands ready to play a key role in translating the aim of a truly open non-discriminatory energy market into reality. This publication reproduces the text of the following documents: Final Act of the European Energy Charter Conference with all Annexes thereto, as opened for signature in Lisbon on 17 December 1994 and corrected by the Protocol of Correction of 2 August 1996; the Chairman's Statement at Adoption Session on 17 December 1994, as reported in the Note from the Secretariat 42/94 CONF 115; the Joint Memorandum of the Delegations of the Russian Federation and the European Communities on Nuclear Trade, as reported in the Note from the Secretariat 42/94 CONF 115; the Concluding Document of the Hague Conference on

  5. Legal Protection of Well-known Trademark Rights in China : History, Current Situation and Challenge

    OpenAIRE

    Chen, Zhu

    2010-01-01

    The legal term of “Well-Known Trademark” first appeared in the 1883 Paris Convention for the Protection of Industrial Property, which sets forth the principles for granting special protection to well-known trademarks. In recent years, Sino-US disputes over intellectual property protection have the trend to upgrade, and among these disputes, well-known trademark protection is an important cornerstone. In recent years in China, the well-known trademark protection system is still relatively week...

  6. Legal Frameworks for Higher Education Governance in Sub-Saharan Africa

    Science.gov (United States)

    Saint, William

    2009-01-01

    This is a preliminary survey of the laws and statutes that determine governance arrangements for higher education systems as well as individual institutions in 24 countries of Sub-Saharan Africa. Following an overview of recent higher education governance trends within Africa, it describes the current range of practice and most common approaches…

  7. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations; Stromwirtschaftsrecht in Frankreich. Der Rechtsrahmen fuer die franzoesische Elektrizitaetsversorgung zwischen unionsrechtlichen Marktoeffnungsvorgaben und gemeinwirtschaftlichen Verpflichtungen

    Energy Technology Data Exchange (ETDEWEB)

    Buckler, Julius

    2016-07-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [German] Der Strombinnenmarktprozess ist nach wie vor unvollendet. Dies hat neben technischen auch rechtliche Gruende: Die Beharrungskraefte der zu Monopolzeiten gewachsenen Strukturen und Ordnungsrahmen sind zum Teil aeusserst stark, was sich besonders in Frankreich deutlich zeigt. Die dortige Stromversorgung wird ausgehend von ihrer Einordnung als Service Public sowohl mittelbar durch das Staatsunternehmen EDF als auch unmittelbar durch gesetzliche Regelungen intensiv staatlich kontrolliert. Die Marktoeffnung wird dadurch zwar nicht vollkommen verhindert. Zusammen mit der besonderen Bedeutung der Kernkraft fuer die franzoesische Stromversorgung ergeben sich hieraus aber erhebliche Marktoeffnungshemmnisse. Vor diesem Hintergrund und ausgehend von der historischen Entwicklung untersucht der Autor das geltende franzoesische Stromwirtschaftsrecht ueber alle Wertschoepfungsstufen hinweg in seinen Bezuegen zum EU-Recht.

  8. Which lessons can we learn from the European Union legal framework of medicines for the regulation of direct-to-consumer genetic tests?

    Science.gov (United States)

    van Hellemondt, Rachèl; Hendriks, Aart; Breuning, Martijn

    2012-01-01

    The legal framework of the European Union (EU) for regulating access to and supply of direct-to-consumer (DTC) genetic tests is very liberal compared to the legal and regulatory framework for (internet) medicines. Nevertheless, both health related products can cause equally serious damage to the well being of individuals. In this contribution we examine whether the legal framework of the EU for the safety and responsible use of (internet) medicines could be an example for regulating access to and supply of DTC genetic tests. The EU laws governing medicines can, notwithstanding their shortcomings, serve as an example for (central) authorising the marketing of DTC genetic tests on the internal market in accordance with strict criteria regarding predictive value and clinical usefulness. Furthermore, a legal framework controlling DTC genetic tests also should introduce system supervision as well as quality criteria with respect to the information to be provided to consumers in order to enhance health protection. However, DTC genetic tests purchased through online ordering are difficult to supervise by any agency. Adequately protecting individuals against questionable testing kits calls for international vigilance and comprehensive measures by the international community. For Europe, it is important to rank the regulation of DTC genetic tests on the European regulatory agenda.

  9. Evolution of Two Urbanized Estuaries: Environmental Change, Legal Framework, and Implications for Sea-Level Rise Vulnerability

    Directory of Open Access Journals (Sweden)

    Pedro J. Pinto

    2016-11-01

    Full Text Available The San Francisco Bay (CA, USA and the Tagus Estuary (Lisbon, Portugal share striking similarities in terms of morphology and urban development. A finer analysis of development patterns reveals crucial differences in the extent of shoreline alteration and types of land use that now encroach upon natural estuarine habitat. Through historical map analysis and prior stratigraphic and historical research, we reconstruct in GIS environment the evolution of both estuaries over the last millennia and the relative distribution of different classes of land cover. We also discuss the legal frameworks that accompanied this evolution, and how they have influenced the process of wetland reclamation and landfilling. We compared the legal history and synchronous patterns of development by compiling historical mapping information and resorting to GIS analysis to explore spatial patterns over time. This method was useful in isolating events and decisions that were unique to each of the case studies. The Tagus Estuary has experienced disruption of natural environments for over two millennia. Yet, the State has been able to keep estuarine lowlands under public control, even if vast areas have been transformed into farmland. Public control could allow wetland migration with rising seas and restoration efforts. The San Francisco Bay was affected by several decades of elevated sediment loads in the 19th century, which induced rapid wetland expansion, but virtual cutoff of sediment supply by dams in the 20th century now impairs their ability to accrete. Meanwhile, tidal wetlands were subject to extremely fast and poorly regulated development. Artificially filled and/or drained wetlands were transferred to local governments and private landowners, in violation of the Public Trust Doctrine. The transformation of wetlands into salt ponds, industrial zones and even residential neighborhoods created extensive developed areas at or below sea level, which are vulnerable to

  10. Conference on offshore wind energy development in France and Germany - Legal framework, research results and perspectives

    International Nuclear Information System (INIS)

    Schulz, Joerg; Schlegelmilch, Kai; Schulze, Karsten; Abromeit, Carolin; Jensen, Lars Bie; Svendsen, Anne; Schwebel, Olivier; Huebner, Gundula; Heidmann, Roger; Piet, Olivier; Roudil, Jean-Philippe; Fuchs, Tina

    2010-01-01

    The French-German office for Renewable energies (OFAEnR) organised a conference on offshore wind energy development in France and Germany. In the framework of this French-German exchange of experience, about 170 participants exchanged views on the actual policies, on the offshore potentialities of both countries and on the recent logistics, services, training and software innovations. This document brings together the available presentations (slides) made during this event: 1 - Opening talk by Joerg Schulz, Bremerhaven's Major; 2 - The Future of the Offshore Wind energy in Germany - Key elements of the German energy Concept (Kai Schlegelmilch); 3 - Offshore wind farms: A commercial perspective - Offshore projects profitability (Karsten Schulze); 4 - Offshore Wind Farms in the German EEZ - experiences with the German Approval Procedure: criteria for a successful approval procedure (Carolin Abromeit); 5 - Offshore Wind Parks and fishery in Denmark - Involvement and compensation of commercial fishery in Denmark (Lars Bie Jensen); 6 - Tourism, property value, residents interest and offshore parks - Usage conflicts or regional development? (Anne Svendsen); 7 - Logistics for offshore wind projects - classic ports usable? An overview (Roger Heidmann); 8 - Offshore wind energy and French harbours (Olivier Piet); 9 - French offshore wind power market and component suppliers (Jean-Philippe Roudil); 10 - Trident software - the Offshore Wind Manager. Review and Forecast after one year of construction (Tina Fuchs)

  11. Legal framework and practice to prevent and detect illicit trafficking of nuclear and radioactive materials

    International Nuclear Information System (INIS)

    Sembiring, D.

    2001-01-01

    . BAPETEN also established the Decree on the Guidance for Physical Protection of nuclear material under Chairman Decree of BAPETEN No. 02-P/1999 (adopted from IAEA document INFCIRC/225 Rev. 1), as the implementation of the Convention on Physical Protection of nuclear material signed in 1986 and ratified by Presidential Decree No. 49/86. The second component of the regulatory function is licensing. An organization or individual intending to utilized nuclear energy must obtain license from BAPETEN. Guidance for applicants is provided in the form of standard format, which contain license conditions. Any utilization of nuclear energy shall maintain physical protection program or security plans. When the applicants meet BAPETEN's criteria for physical protection of nuclear material and facility, a license is granted. By this licensing, BAPETEN is able to know where, by whom, and how the use of nuclear and radioactive materials is conducted. The third component of the regulatory function is inspection. To ensure that legal user's activities comply with BAPETEN regulation and the conditions of their licenses, BAPETEN periodically inspects BAPETEN-licensed facilities. Inspections can be announced or unannounced, and varies in scope and frequency according to the authorized activities. The finding of all inspection are documented in inspection reports. These reports are sent to the licensees to inform them of the BAPETEN findings. When inspections disclose violations of BAPETEN requirement, BAPETEN has a range of enforcement sanctions available. Recommendation stated in the inspection report requires the licensee to correct the problem, take steps to prevent a recurrence of the violation, and advise BAPETEN at the action it has taken. The result of inspection by BAPETEN is published periodically and open for public. Some illicit trafficking of nuclear and radioactive materials can be detected during inspections. This detection must lead to prompt information of BAPETEN in order to

  12. The legal framework for data privacy and protection in smart metering and smart grids; Der Rechtsrahmen beim Datenschutz fuer Smart Metering und Smart Grids

    Energy Technology Data Exchange (ETDEWEB)

    Stamm, Markus [Alcatel-Lucent Deutschland AG, Nuernberg (Germany)

    2011-07-01

    The legal framework for data privacy and protection in Smart Meter and Smart Grid applications has been substantially changed through modifications of the German law on the supply of electricity and gas (Energiewirtschaftsgesetz - EnWG), especially through its sections 21c et seq. Nonetheless, these modifications have on partially attained the goal of the reform, to create a secure legal framework for the use of Smart Meters and Smart Grids, and some of the newly introduced regulations actually decrease the security of the framework through the use of systematically incorrect terminology. This article gives an overview of the content of the key regulations and the issues to be resolved which result from them. (orig.)

  13. Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

    International Nuclear Information System (INIS)

    Ma, Deqiang; Fang, Qinhua; Guan, Song

    2016-01-01

    In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

  14. Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

    Energy Technology Data Exchange (ETDEWEB)

    Ma, Deqiang [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Fang, Qinhua, E-mail: qhfang@xmu.edu.cn [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Guan, Song [Coastal and Ocean Management Institute, Xiamen University, 361102 (China)

    2016-01-15

    In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

  15. Energy planning and security of supply in Spain and their compliance with the European legal framework

    International Nuclear Information System (INIS)

    Dolader, J.

    2004-01-01

    The electricity and gas markets in Spain were liberalized by the 1997 Electricity Act and the 1998 Hydrocarbons Act, respectively. The final step of the liberalization process was completed in January 2003 with the full eligibility of Spanish electricity and gas consumers. The liberalization Acts include in addition a two-way long-term energy planning process within a ten-year time scope. On the one hand the planning process involves binding planning concerning the so called 'basic infrastructures' (which include the electricity and gas transmission networks plus the total re-gasification capacity), and on the other hand, an indicative energy planning aimed at facilitating the decision making of administrations and agents by forecasting energy demand, and analyzing its coverage under the premises of security of supply. The present paper describes the current energy planning system in Spain, the provisions to ensure the security of supply and their compliance with the new European legislation - both the proposed and the existent one - regarding the security of supply in the EU.(author)

  16. International migration flows. Framework for understanding and current features.

    Directory of Open Access Journals (Sweden)

    Colectivo IOÉ

    2016-10-01

    Full Text Available The present article aims to outline a framework for the understanding of the present international migratory flows as well as to outline their main traits. In order to do this, we first group together the different migratory flows produced since the sixteenth century up to the mid seventies in the twentieth  century, stopping then for a closer look at the present situation which register the impact of economic globalization, translating it into an increase of said flows and, above all, to their enormous diversification. To end, we make a brief balance of the present period and a critical evaluation on the meaning of one of the flows which attracts most attention, economic migrations south-north, because these are the ones which have the most impact on developed countries.

  17. 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.

  18. Legal framework for FDI

    Index Scriptorium Estoniae

    2003-01-01

    FDI = Foreign direct investment. - Eesti õigusaktidest (välisinvesteeringute seadus, tulumaksuseadus, äriseadustik, litsentsimine), rahvusvahelistest lepingutest, topeltmaksustamise vältimise lepingutest

  19. Once again about surrogacy, because human rights violations are increasing as a consequence of the lack of legal framework

    Directory of Open Access Journals (Sweden)

    Eleonora LAMM

    2016-07-01

    Full Text Available This paper seeks to highlight the ever more eloquent, frequent and manifest reality of surrogacy and how the strategies that are being used to remedy or avoid the legal prohibition violate fundamental human rights. It is based on the premisse that the legal prohibition does not prevent the practice, but makes a complex technique even more contentious, violating rights.

  20. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (French Edition); Cadre gouvernemental, legislatif et reglementaire de la surete. Prescriptions generales de surete. Partie 1

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-11-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  1. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Spanish Edition); Marco gubernamental, juridico y regulador para la seguridad. Requisitos de Seguridad Generales. Parte 1

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-11-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  2. Informed consent, and an ethico-legal framework for paediatric observational research and biobanking: the experience of an Italian birth cohort study.

    Science.gov (United States)

    Toccaceli, Virgilia; Serino, Laura; Stazi, Maria Antonietta

    2014-12-01

    Birth cohort studies are important tools for life-course epidemiology, given the spectrum of the environmental, behavioural, and genetic factors that should be considered when making judgements on human health. Biobanks are valuable components of studies designed to investigate the genetic variability of diseases and improve phenotypic characterisation. In studies involving vulnerable populations and biobanks, it is essential to provide ethical reasoning and analyse the legal requirements. We describe the processes and the tools used in the iterative design of an appropriate informed consent model and the ethico-legal framework of the Piccolipiù study. The Piccolipiù study is a prospective population-based study funded by the Italian Ministry of Health that intends to enrol 3,000 newborns and their mothers in five Italian cities, and to store biological samples for future use. To realise these objectives, we performed a thorough evaluation of the literature, of national and international guidelines, and of the impact of the Italian legal requirements for research biobanking. Discussions among stakeholders facilitated the design of the informed consent and the ethico-legal framework. Several topics are addressed, including the suitability of a broad informed consent for paediatric biobanks, infant vulnerability, access to and sharing of data, and the disclosure of individual's genetic results. Discussion of the ethical and legal procedures adopted in epidemiological biobanking might be a fruitful ground for comparison both at the national level, where standardization and homogeneity are lacking, and at the international level, where different regulatory issues are often in the background and might hamper research biobanks networking.

  3. The “Rules of Engagement”: A Socio-legal Framework for Improving Community Engagement in Natural Resource Governance

    Directory of Open Access Journals (Sweden)

    Tanya Howard

    2015-12-01

    Full Text Available Increasing community action in natural resource governance is commonly seen as a pathway for improving decision making, enabling increased on-ground activity and facilitating widespread acceptance of government and industry legitimacy in managing natural resources. Other perspectives on community engagement see the promise of enriching existing or emerging democratic values by addressing the limitations of representative governance. While the practice of community engagement has been well described, more work needs to be done to understand the institutional factors that contribute to the expectations attached to these practices, and how the role of community in natural resource governance can be improved.This article presents findings from a review of academic and practitioner literature on the topics of community engagement and natural resource governance. 127 articles were reviewed and the resulting conceptual framework is described. A thematic analysis of the data-set was then conducted to further clarify and extend the research question. The results reveal a persistent focus on practical aspects of engaging community, without sufficient analysis of how institutional dynamics such as legal requirements, policy drivers and implementation contexts impact on the realities of community environmental governance. The paper concludes with future research directions in the pursuit of improving the role of community in natural resource governance. It is expected that the insights generated through this article will have relevance to other modern democratic societies and be of interest to environmental lawyers, policy makers and community advocates. El aumento de la acción comunitaria en la gobernanza de los recursos naturales habitualmente se percibe como una vía para mejorar la toma de decisiones ya que permite aumentar la actividad sobre el terreno, y facilita la aceptación generalizada de la legitimidad del gobierno y la industria a la hora de

  4. Current legal issues of European integration in the area of peaceful uses of nuclear energy

    International Nuclear Information System (INIS)

    Handrlica, Jakub

    2009-01-01

    The main issues of current discussions concerning the status of European integration in the area of peaceful uses of nuclear energy are described with focus on the present and future of the EURATOM Treaty. The basic features of the EURATOM Treaty are highlighted and those issues which are currently subject to discussion in foreign literature (e.g. EURATOM's legitimacy, specification of competencies, obsolete provisions, etc.) are pointed out. The major attempts to reform the wording of the EURATOM Treaty and the relevance of the Treaty to its Member States in the future, in relation to the 'Nuclear New Build' in particular, are also described. (orig.)

  5. Current ethical and legal issues in health-related direct-to-consumer genetic testing.

    Science.gov (United States)

    Niemiec, Emilia; Kalokairinou, Louiza; Howard, Heidi Carmen

    2017-09-01

    A variety of health-related genetic testing is currently advertized directly to consumers. This article provides a timely overview of direct-to-consumer genetic testing (DTC GT) and salient ethical issues, as well as an analysis of the impact of the recently adopted regulation on in vitro diagnostic medical devices on DTC GT. DTC GT companies currently employ new testing approaches, report on a wide spectrum of conditions and target new groups of consumers. Such activities raise ethical issues including the questionable analytic and clinical validity of tests, the adequacy of informed consent, potentially misleading advertizing, testing in children, research uses and commercialization of genomic data. The recently adopted regulation on in vitro diagnostic medical devices may limit the offers of predisposition DTC GT in the EU market.

  6. THE CURRENT STATE OF LEGAL INSTITUTIONS PROTECTING THE RIGHTS OF JUVENILES IN RUSSIA

    OpenAIRE

    Yulia Hafizovna DAVYDOVA

    2015-01-01

    The article highlights the current state of the legislation on protection of the rights of under-aged. Much attention is paid to the formation of the juvenile justice system in the Russian Federation. We present problems related to law infringements by teenagers in various fields and their solutions, highlight the work and the development of juvenile courts in Russia, sum up the results of the implementation of juvenile technologies and their significance, gives the definition of the term «co...

  7. When do we think it is Safe to Drive after Hand Surgery? – Current Practice and Legal Perspective

    LENUS (Irish Health Repository)

    Murphy, SF

    2016-11-01

    Patients recovering from hand surgery frequently ask when it is safe to drive and it is unclear where the responsibility lies; the surgeon, the patient or the insurance company. An eight-question survey looking at various aspects of clinical practice was circulated to consultant and trainee plastic and orthopaedic surgeons in Ireland and the UK. Of the 89 surgeons who replied, (53%) felt the decision when to drive was the patient’s compared with the insurance company (40%) and the surgeon (7%). 80% advised patients to contact their insurance company. 87% were unaware of current regulations or guidelines. National guidelines were vague and left the decision with the treating doctor. Similarly, major insurers advise patients to contact their doctor for advice. From a legal standpoint, the patient has a duty of care to other road users to be in full control of his vehicle prior to driving, regardless of any advice received.

  8. Consideration of the legal system required for achievement of current nuclear power plant construction programmes

    International Nuclear Information System (INIS)

    Castellon Fernandez, E.; Forum Atomico Espanol, Madrid)

    1976-01-01

    The extensive nuclear power plant construction programmes currently in progress in western countries require updating of the legislation in force in this field, especially as regards the following: acquisition of the sites necessary by means of a national planning programme of available sites; simplification of formalities concerning issuance of administrative licenses; revision of the principle of absolute and exclusive liability of the nuclear operator which forms the basis of the third party liability system for nuclear damage; radioactive waste management and decommissioning of nuclear plants. Furthermore, this new legislation should be harmonized between the different countries concerned. (N.E.A.) [fr

  9. DE LEGE FERENDA PROPOSAL FOR THE COMPLETION OF THE LEGAL FRAMEWORK REGARDING THE TEXTILE PRODUCTS, IN THE CONTEXT OF A SOCIAL RESPONSIBLE MANAGEMENT

    Directory of Open Access Journals (Sweden)

    MUREȘAN (POȚINCU Laura

    2016-05-01

    Full Text Available In the case of this economic operator, manufacturing or trading textile products, the corporate social responsibility is a social must, and it consists of a set of objectives which must be implemented by the management of the economic operator in all departments. In order to understand the implications of a social responsibile management in the textile products domain, it is required to analise the juridical framework. Interesting is the choice in this area of the production and the marketing of textile products, to only adopt/use one regulation, not a directive or a legislative package consisting in a directive and a regulation. As a result of legal analysis performed, we support the maintenance of the use, as a legal instrument, of the European regulation type normative document, but we suggest the extension of the provisions of the European normative act and its transformation into a particular complex normative act, beyond the scope of the aspects concerning the labelling.

  10. Promoting public health legal preparedness for emergencies: review of current trends and their relevance in light of the Ebola crisis

    OpenAIRE

    Cohen, Odeya; Feder-Bubis, Paula; Bar-Dayan, Yaron; Adini, Bruria

    2015-01-01

    Background: Public health legal preparedness (PHLP) for emergencies is a core component of the health system response. However, the implementation of health legal preparedness differs between low- and middle-income countries (LMIC) and developed countries.Objective: This paper examines recent trends regarding public health legal preparedness for emergencies and discusses its role in the recent Ebola outbreak.Design: A rigorous literature review was conducted using eight electronic databases a...

  11. Inaccessible Built Environments in Ghana’s Universities: The Bane of a Weak Legal and Regulatory Framework for Persons with Disabilities 1

    Directory of Open Access Journals (Sweden)

    John Tiah Bugri

    2017-05-01

    Full Text Available This is a qualitative study of the role of the legal and regulatory framework in making built environments accessible to Persons with Disabilities in six universities in Ghana. It revealed that the local component of legislation dealing with accessible environments was fragile and fraught with compliance challenges, administrative laxity and the lack of a time conscious approach to issues thereby resulting in inaccessible built environments. In effect, the study gives credence to the proposition of the social model that disability is a creation of humankind and recommends an amendment of Ghana’s Persons with Disability Act.

  12. Artificial islands for cluster-siting of offshore energy facilities: an assessment of the legal and regulatory framework

    Energy Technology Data Exchange (ETDEWEB)

    Backstrom, T.D.; Baram, M.

    1976-06-01

    One of the ways in which offshore coastal regions can be used in energy development is examined, namely through the construction of offshore islands for the siting of energy-related facilities. The purpose of the study is to review and assess the significant sectors of this accumulation of legal and regulatory authority, in order that those proposing and supervising such offshore development can formulate suggestions for coordination and rational allocation of responsibility. The potential demands on offshore resources are considerably greater than many would expect. In addition to offshore drilling and other mineral exploitation, there is increasing interest in safety of navigation, harvest and aquaculture of living marine resources, recreation, and preservation of uniquely valuable marine landscapes and ecosystems. Within this dynamic context, the offshore implications of the energy needs of the United States must be fully evaluated. New energy installations might be appropriately sited offshore on artificial islands. This legal and regulatory assessment contains little case law, new Congressional enactments, or proposed regulations and is, in general, a first-order analysis of the legal context for a new concept--the multiple-facility artificial island--which has not yet been tested, but which merits serious study as an alternative for uses of the offshore regions to meet energy requirements. An extensive bibliography containing 254 citations is included.

  13. Defining a Communications Satellite Policy System for the 21st Century: A Model for a International Legal Framework and A New _Code of Conduct_

    Science.gov (United States)

    Pelton, Joseph N.

    1996-02-01

    This paper addresses the changing international communications environment and explores the key elements of a new policy framework for the 21st Century. It addresses the issues related to changing markets, trade considerations, standards, regulatory changes and international institutions and law. The most important aspects will related to new international policy and regulatory frameworks and in particular to a new international code of ethics and behavior in the field of satellite communications. A new communications satellite policy framework requires systematically addressing the following points: • Multi-lateral agreements at the nation state and the operating entity level • Systematic means to access both private and public capital • Meshing ITU regulations with regional and national policy guidelines including • landing rights" and national allocation procedures. • Systematic approach to local partnerships • Resolving the issue of the relative standing of various satellite systems (i.e. GEO, MEO, and LEO systems) • Resolving the rights, duties, and priorities of satellite facility providers versus types of service prviders. Beyond this policy framework and generalized legal infrastructure there is also another need. This is a need that arises from both increased globalism and competitive international markets. This is what might quite simply be called a "code of reasonable conduct:" To provide global and international communications services effectively and well in the 21st Century will require more than meeting minimum international legal requirements. A new "code of conduct" for global satellite communications will thus likely need to address: • Privacy and surveillance • Ethics of transborder data flow • Censorship and moral values • Cultural and linguistic sensitivity • Freedom of the press and respect for journalistic standards As expanding global information and telecommunications systems grow and impact every aspect of modern

  14. PENGUATAN KERANGKA HUKUM TERKAIT PENYELESAIAN SENGKETA PASAR MODAL SYARIAH PADA PENGADILAN AGAMA / Strengthening Legal Framework For Sharia Capital Market Dispute Resolution In Religious Court

    Directory of Open Access Journals (Sweden)

    Mul Irawan

    2016-11-01

    Full Text Available Dari sudut pandang syariah, pasar modal adalah produk muamalah. Transaksi dalam pasar modal diperbolehkan sepanjang tidak terdapat transaksi yang bertentangan dengan ketentuan yang telah digariskan oleh syariah. Perkembangan pasar modal syariah di Indonesia yang sedemikian pesat, akan turut meningkatkan jumlah dan ragam potensi masalah hukum yang mungkin terjadi di pasar modal syariah. Setidaknya, diperlukan dua upaya hukum dalam penguatan kerangka hukum pasar modal syariah, yaitu pertama, upaya preventif yang dapat meminimalisir terjadinya masalah-masalah hukum, seperti perlunya pembentukan regulasi yang merujuk kepada syariah Islam agar tercipta kestabilan dan suasana kondusif bagi penegakan hukum di pasar modal syariah, Kedua, upaya penyelesaian sengketa pasar modal syariah dilakukan melalui dukungan terhadap pengadilan agama sebagai satu-satunya lembaga peradilan yang memiliki kewenangan absolut dalam menyelesaikan perkara perdata pasar modal syariah, perlunya peningkatan kompetensi hakim dan aparatur pengadilan agama serta perlunya pedoman, yurisprudensi dan referensi sebagai rujukan dalam penyelesaian sengketa pasar modal syariah di Indonesia.   According to the sharia point of view, sharia capital market is muamalah product. Capital market transactions are allowed as long as it does conflict with the terms outlined by sharia. The rapid development of Indonesia sharia capital market results in the increasing number and variety of potential legal problems. It takes two legal efforts in strengthening the legal framework for sharia capital market. First, preventive measures to minimize the legal issues occurrence, such as the establishment of islamic law regulations in order to produce stability and good atmosphere of sharia capital market law enforcement. Second, efforts in sharia capital market mediation which is done through support the religious court as the only judicial institutions having the absolute authority in resolving sharia

  15. Externe verslaggeving How do current public Integrated Reports align with the IR Framework?

    NARCIS (Netherlands)

    Hurks, P.; Langendijk, H.P.A.J.; Nandram, K.

    2016-01-01

    This paper examines empirically the current practice with regard to integrated reporting according to the IR Framework among the 104 original participants (companies) of the IIRC Pilot program. We made a selection with respect to these 104 participants based on organization’s stipulation that they

  16. Subordinate Mechanism of Legal Regulation of Relations in the Framework of the Contract Procurement System to Meet the Needs of the Public

    Directory of Open Access Journals (Sweden)

    Evgeny V. Solomonov

    2016-01-01

    Full Text Available The article discusses the theoretical issues of legal regulation mechanism features of separate stages of public procurement. Conclusions about the legal nature of the type of legal regulation, its relationship with the peculiarities of the legal facts and legal relations are given.

  17. The courts and the code. Legal osmosis between religion and law in the cultural framework of civil law systems

    Directory of Open Access Journals (Sweden)

    Antonio Fuccillo

    2017-09-01

    Full Text Available SUMMARY: 1. The value of religious law in modern (and secular states - 2. Religious rules and individual choices in Europe - 3. Religious law and the fields in which it can operate effectively - 4. The rules of religious courts in civil legal systems - 4.1 ..The direct referral to religious laws - 4.2. The pronounces of religious courts and its importance for faithful - 5. The development of Religious Arbitration Courts in Italy - 6. Does religious jurisdiction another side of religious freedom?

  18. Fit for purpose? Validation of a conceptual framework for personal recovery with current mental health consumers.

    Science.gov (United States)

    Bird, Victoria; Leamy, Mary; Tew, Jerry; Le Boutillier, Clair; Williams, Julie; Slade, Mike

    2014-07-01

    Mental health services in the UK, Australia and other Anglophone countries have moved towards supporting personal recovery as a primary orientation. To provide an empirically grounded foundation to identify and evaluate recovery-oriented interventions, we previously published a conceptual framework of personal recovery based on a systematic review and narrative synthesis of existing models. Our objective was to test the validity and relevance of this framework for people currently using mental health services. Seven focus groups were conducted with 48 current mental health consumers in three NHS trusts across England, as part of the REFOCUS Trial. Consumers were asked about the meaning and their experience of personal recovery. Deductive and inductive thematic analysis applying a constant comparison approach was used to analyse the data. The analysis aimed to explore the validity of the categories within the conceptual framework, and to highlight any areas of difference between the conceptual framework and the themes generated from new data collected from the focus groups. Both the inductive and deductive analysis broadly validated the conceptual framework, with the super-ordinate categories Connectedness, Hope and optimism, Identity, Meaning and purpose, and Empowerment (CHIME) evident in the analysis. Three areas of difference were, however, apparent in the inductive analysis. These included practical support; a greater emphasis on issues around diagnosis and medication; and scepticism surrounding recovery. This study suggests that the conceptual framework of personal recovery provides a defensible theoretical base for clinical and research purposes which is valid for use with current consumers. However, the three areas of difference further stress the individual nature of recovery and the need for an understanding of the population and context under investigation. © The Royal Australian and New Zealand College of Psychiatrists 2014.

  19. Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments

    Directory of Open Access Journals (Sweden)

    Lorenz Astrid

    2015-11-01

    Full Text Available The article analyses constitutional politics in the German Länder in the field of minors’ rights. Since this issue seems a purely legal matter dealt with at the federal, European and international level, we should expect similar, almost identically shaped policies at the Länder level. However, the analysis brings considerable variations of constitutional activities in this field to the fore: time, frequency, and contents of respective initiatives vary significantly in the period from 1999 to 2014. These variations were due to different party strategies, diverging party platforms and majority constellations in the Länder. The analysis also shows that the public arguments brought forward in favour of constitutional amendments refer only weakly and randomly to legal provisions and processes at other levels. The political debate supporting extended children's rights rather refers to general observations, to the specific regional context, and constitutional provisions in other Länder. At least with regard to this issue, the multi-level system did not systematically impact on constitutional politics in the Länder. It rather can be understood as an opportunity structure providing parties with multiple realms in which they can pursue their goals. Thus the study shows that federal and regional party strategies are key factors in explaining policy diffusion in multilevel systems.

  20. The constitutionality of current legal barriers to telemedicine in the United States: analysis and future directions of its relationship to national and international health care reform.

    Science.gov (United States)

    Gupta, Amar; Sao, Deth

    2011-01-01

    The current health care crisis in the United States compels a consideration of the crucial role that telemedicine could play towards deploying a pragmatic solution. The nation faces rising costs and difficulties in access to and quality of medical services. Telemedicine can potentially help to overcome these challenges, as it can provide new cost-effective and efficient methods of delivering health care across geographic distances. The full benefits and future potential of telemedicine, however, are constrained by overlapping, inconsistent, and inadequate legal and regulatory frameworks, as well as the repertoire of standards imposed by state governments and professional organizations. Proponents of these barriers claim that they are necessary to protect public health and safety, and that the U.S. Constitution gives states exclusive authority over health and safety concerns. This Article argues that such barriers not only fail to advance these public policy goals, but are unconstitutional when they restrict the practice of telemedicine across state and national borders. Furthermore, the interstate and international nature of telemedicine calls for increasing the centralized authority of the federal government; this position is consistent with the U.S. Constitution and other governing principles. Finally, this Article observes that the U.S. experience bears some similarities to that of other nations, and represents a microcosm of the international community's need and struggle to develop a uniform telemedicine regime. Just as with state governments in the U.S., nations are no longer able to view health care as a traditional domestic concern and must consider nontraditional options to resolve the dilemmas of rising costs and discontent in the delivery of health care to their people.

  1. Defect Detection and Segmentation Framework for Remote Field Eddy Current Sensor Data

    Directory of Open Access Journals (Sweden)

    Raphael Falque

    2017-10-01

    Full Text Available Remote-Field Eddy-Current (RFEC technology is often used as a Non-Destructive Evaluation (NDE method to prevent water pipe failures. By analyzing the RFEC data, it is possible to quantify the corrosion present in pipes. Quantifying the corrosion involves detecting defects and extracting their depth and shape. For large sections of pipelines, this can be extremely time-consuming if performed manually. Automated approaches are therefore well motivated. In this article, we propose an automated framework to locate and segment defects in individual pipe segments, starting from raw RFEC measurements taken over large pipelines. The framework relies on a novel feature to robustly detect these defects and a segmentation algorithm applied to the deconvolved RFEC signal. The framework is evaluated using both simulated and real datasets, demonstrating its ability to efficiently segment the shape of corrosion defects.

  2. Considerations on the Improvement of the Legal Framework Necessary for Preventing and Combating Violence against Women in the European Union

    Directory of Open Access Journals (Sweden)

    Tache Bocanială

    2015-05-01

    Full Text Available Violence against women is a common phenomenon in all social layers and in all society, regardless of their stage of development, political stability, culture or religion, with particularly negative consequences. Combating violence against women requires, besides the sanctioning, repressive measures against perpetrators, and also a series of preventive protection measures and services for victims. Reforming the criminal law of Romania, but also a number of regulations adopted by international organizations, especially the European ones, be it European Union or the Council of Europe, attest encouraging legal developments in this area. The conclusions drawn in this paper from the daily practice of judicial bodies, as well as specialized studies highlight the need for improvement and adaptation of specific legislation in order to prevent and combat crime and violence targeting women, highlighting a few directions in this regard.

  3. The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    MSc. Albana Metaj-Stojanova

    2017-06-01

    Full Text Available The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR. The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

  4. Historical Development of the Governmental, Legal and Regulatory Framework for Nuclear Safety in Japan. Annex I of Technical Volume 2

    International Nuclear Information System (INIS)

    2015-01-01

    The governmental and public organizations responsible for policy and safety regulation in Japan have evolved significantly during the period in which the Japanese nuclear power industry has operated. The IAEA’s Integrated Regulatory Review Service (IRRS) mission to Japan in 2007 commended Japan’s updating of its legislative and governmental framework to strengthen arrangements for nuclear safety in light of the incidents which had occurred. A view of these past developments is helpful to understand the origins of the regulatory framework in place at the time of the accident at the Fukushima Daiichi nuclear power plant (NPP), and to assess the prospects for the further institutional reforms that Japan has implemented following this accident. Shiroyama has identified three periods in the evolution of the governmental and regulatory organizations prior to the accident at the Fukushima Daiichi NPP

  5. Current Status of Legislation on Dietary Products for Sportspeople in a European Framework.

    Science.gov (United States)

    Martínez-Sanz, José Miguel; Sospedra, Isabel; Baladía, Eduard; Arranz, Laura; Ortiz-Moncada, Rocío; Gil-Izquierdo, Angel

    2017-11-08

    The consumption of nutritional ergogenic aids is conditioned by laws/regulations, but standards/regulations vary between countries. The aim of this review is to explore legislative documents that regulate the use of nutritional ergogenic aids intended for sportspeople in a Spanish/European framework. A narrative review has been developed from official websites of Spanish (Spanish Agency of the Consumer, Food Safety, and Nutrition) and European (European Commission and European Food Safety Authority) bodies. A descriptive analysis of documents was performed. Eighteen legislative documents have been compiled in three sections: (1) Advertising of any type of food and/or product; (2) Composition, labeling, and advertising of foods; (3) Nutritional ergogenic aids. In spite of the existence of these legal documents, the regulation lacks guidance on the use/application of nutritional ergogenic aids for sportspeople. It is essential to prevent the introduction or dissemination of false, ambiguous, or inexact information and contents that induce an error in the receivers of the information. In this field, it is worth highlighting the roles of the European Food Safety Authority and the World Anti-Doping Agency, which provide information about consumer guidelines, prescribing practices, and recommendations for the prudent use of nutritional ergogenic aids.

  6. Current Status of Legislation on Dietary Products for Sportspeople in a European Framework

    Directory of Open Access Journals (Sweden)

    José Miguel Martínez-Sanz

    2017-11-01

    Full Text Available The consumption of nutritional ergogenic aids is conditioned by laws/regulations, but standards/regulations vary between countries. The aim of this review is to explore legislative documents that regulate the use of nutritional ergogenic aids intended for sportspeople in a Spanish/European framework. A narrative review has been developed from official websites of Spanish (Spanish Agency of the Consumer, Food Safety, and Nutrition and European (European Commission and European Food Safety Authority bodies. A descriptive analysis of documents was performed. Eighteen legislative documents have been compiled in three sections: (1 Advertising of any type of food and/or product; (2 Composition, labeling, and advertising of foods; (3 Nutritional ergogenic aids. In spite of the existence of these legal documents, the regulation lacks guidance on the use/application of nutritional ergogenic aids for sportspeople. It is essential to prevent the introduction or dissemination of false, ambiguous, or inexact information and contents that induce an error in the receivers of the information. In this field, it is worth highlighting the roles of the European Food Safety Authority and the World Anti-Doping Agency, which provide information about consumer guidelines, prescribing practices, and recommendations for the prudent use of nutritional ergogenic aids.

  7. Current Status of Legislation on Dietary Products for Sportspeople in a European Framework

    Science.gov (United States)

    Arranz, Laura; Ortiz-Moncada, Rocío

    2017-01-01

    The consumption of nutritional ergogenic aids is conditioned by laws/regulations, but standards/regulations vary between countries. The aim of this review is to explore legislative documents that regulate the use of nutritional ergogenic aids intended for sportspeople in a Spanish/European framework. A narrative review has been developed from official websites of Spanish (Spanish Agency of the Consumer, Food Safety, and Nutrition) and European (European Commission and European Food Safety Authority) bodies. A descriptive analysis of documents was performed. Eighteen legislative documents have been compiled in three sections: (1) Advertising of any type of food and/or product; (2) Composition, labeling, and advertising of foods; (3) Nutritional ergogenic aids. In spite of the existence of these legal documents, the regulation lacks guidance on the use/application of nutritional ergogenic aids for sportspeople. It is essential to prevent the introduction or dissemination of false, ambiguous, or inexact information and contents that induce an error in the receivers of the information. In this field, it is worth highlighting the roles of the European Food Safety Authority and the World Anti-Doping Agency, which provide information about consumer guidelines, prescribing practices, and recommendations for the prudent use of nutritional ergogenic aids. PMID:29117104

  8. Promoting public health legal preparedness for emergencies: review of current trends and their relevance in light of the Ebola crisis.

    Science.gov (United States)

    Cohen, Odeya; Feder-Bubis, Paula; Bar-Dayan, Yaron; Adini, Bruria

    2015-01-01

    Public health legal preparedness (PHLP) for emergencies is a core component of the health system response. However, the implementation of health legal preparedness differs between low- and middle-income countries (LMIC) and developed countries. This paper examines recent trends regarding public health legal preparedness for emergencies and discusses its role in the recent Ebola outbreak. A rigorous literature review was conducted using eight electronic databases as well as Google Scholar. The results encompassed peer-reviewed English articles, reports, theses, and position papers dating from 2011 to 2014. Earlier articles concerning regulatory actions were also examined. The importance of PHLP has grown during the past decade and focuses mainly on infection-disease scenarios. Amid LMICs, it mostly refers to application of international regulations, whereas in developed states, it focuses on independent legislation and creation of conditions optimal to promoting an effective emergency management. Among developed countries, the United States' utilisation of health legal preparedness is the most advanced, including the creation of a model comprising four elements: law, competencies, information, and coordination. Only limited research has been conducted in this field to date. Nevertheless, in both developed and developing states, studies that focused on regulations and laws activated in health systems during emergencies, identified inconsistency and incoherence. The Ebola outbreak plaguing West Africa since 2014 has global implications, challenges and paralleling results, that were identified in this review. The review has shown the need to broaden international regulations, to deepen reciprocity between countries, and to consider LMICs health capacities, in order to strengthen the national health security. Adopting elements of the health legal preparedness model is recommended.

  9. Promoting public health legal preparedness for emergencies: review of current trends and their relevance in light of the Ebola crisis

    Directory of Open Access Journals (Sweden)

    Odeya Cohen

    2015-10-01

    Full Text Available Background: Public health legal preparedness (PHLP for emergencies is a core component of the health system response. However, the implementation of health legal preparedness differs between low- and middle-income countries (LMIC and developed countries. Objective: This paper examines recent trends regarding public health legal preparedness for emergencies and discusses its role in the recent Ebola outbreak. Design: A rigorous literature review was conducted using eight electronic databases as well as Google Scholar. The results encompassed peer-reviewed English articles, reports, theses, and position papers dating from 2011 to 2014. Earlier articles concerning regulatory actions were also examined. Results: The importance of PHLP has grown during the past decade and focuses mainly on infection–disease scenarios. Amid LMICs, it mostly refers to application of international regulations, whereas in developed states, it focuses on independent legislation and creation of conditions optimal to promoting an effective emergency management. Among developed countries, the United States’ utilisation of health legal preparedness is the most advanced, including the creation of a model comprising four elements: law, competencies, information, and coordination. Only limited research has been conducted in this field to date. Nevertheless, in both developed and developing states, studies that focused on regulations and laws activated in health systems during emergencies, identified inconsistency and incoherence. The Ebola outbreak plaguing West Africa since 2014 has global implications, challenges and paralleling results, that were identified in this review. Conclusions: The review has shown the need to broaden international regulations, to deepen reciprocity between countries, and to consider LMICs health capacities, in order to strengthen the national health security. Adopting elements of the health legal preparedness model is recommended.

  10. Promoting public health legal preparedness for emergencies: review of current trends and their relevance in light of the Ebola crisis

    Science.gov (United States)

    Cohen, Odeya; Feder-Bubis, Paula; Bar-Dayan, Yaron; Adini, Bruria

    2015-01-01

    Background Public health legal preparedness (PHLP) for emergencies is a core component of the health system response. However, the implementation of health legal preparedness differs between low- and middle-income countries (LMIC) and developed countries. Objective This paper examines recent trends regarding public health legal preparedness for emergencies and discusses its role in the recent Ebola outbreak. Design A rigorous literature review was conducted using eight electronic databases as well as Google Scholar. The results encompassed peer-reviewed English articles, reports, theses, and position papers dating from 2011 to 2014. Earlier articles concerning regulatory actions were also examined. Results The importance of PHLP has grown during the past decade and focuses mainly on infection–disease scenarios. Amid LMICs, it mostly refers to application of international regulations, whereas in developed states, it focuses on independent legislation and creation of conditions optimal to promoting an effective emergency management. Among developed countries, the United States’ utilisation of health legal preparedness is the most advanced, including the creation of a model comprising four elements: law, competencies, information, and coordination. Only limited research has been conducted in this field to date. Nevertheless, in both developed and developing states, studies that focused on regulations and laws activated in health systems during emergencies, identified inconsistency and incoherence. The Ebola outbreak plaguing West Africa since 2014 has global implications, challenges and paralleling results, that were identified in this review. Conclusions The review has shown the need to broaden international regulations, to deepen reciprocity between countries, and to consider LMICs health capacities, in order to strengthen the national health security. Adopting elements of the health legal preparedness model is recommended. PMID:26449204

  11. The landscape of fear conceptual framework: definition and review of current applications and misuses

    Directory of Open Access Journals (Sweden)

    Sonny S. Bleicher

    2017-09-01

    Full Text Available Landscapes of Fear (LOF, the spatially explicit distribution of perceived predation risk as seen by a population, is increasingly cited in ecological literature and has become a frequently used “buzz-word”. With the increase in popularity, it became necessary to clarify the definition for the term, suggest boundaries and propose a common framework for its use. The LOF, as a progeny of the “ecology of fear” conceptual framework, defines fear as the strategic manifestation of the cost-benefit analysis of food and safety tradeoffs. In addition to direct predation risk, the LOF is affected by individuals’ energetic-state, inter- and intra-specific competition and is constrained by the evolutionary history of each species. Herein, based on current applications of the LOF conceptual framework, I suggest the future research in this framework will be directed towards: (1 finding applied management uses as a trait defining a population’s habitat-use and habitat-suitability; (2 studying multi-dimensional distribution of risk-assessment through time and space; (3 studying variability between individuals within a population; (4 measuring eco-neurological implications of risk as a feature of environmental heterogeneity and (5 expanding temporal and spatial scales of empirical studies.

  12. Strategic and legal framework in forestry and related sectors: Climate change mitigation in European Union and Serbia

    Directory of Open Access Journals (Sweden)

    Ranković Nenad

    2016-01-01

    Full Text Available The important role of forests in mitigating and adapting to climate changes is recognized and widely accepted. Therefore, it becomes a subject of universal interest and support. However, in the national strategies relating to climate change, the importance of the forestry sector in mitigating these changes is quite often not discussed in detail. In addition, the problem of climate change is not fully represented and included in national forestry policies. The aim of this research was to determine the compliance and differences of strategic and legislative frameworks in forestry and related sectors, relating to climate change mitigation in the EU and Serbia. At the EU level, there are two strategies and a policy framework, and in Serbia, eight sectoral strategies, referring and discussing the climate change mitigation through forestry. At the same time, these issues are highlighted as the primary objective, only in the Climate and Energy Package of the EU and the Forestry Development Strategy in Serbia. In terms of legislative framework in Serbia, two laws have climate change mitigation through forestry as the primary objective, while for the analyzed relevant EU legislation, this is a secondary objective. In Serbia, only the Forest law has a direct impact on climate change mitigation through forestry, while at EU level, there is no regulation, directive or communication, with the same direct influence. [Projekat Ministarstva nauke Republike Srbije, br. 43007: Studies of climate changes and their impact on the environment-monitoring impacts, adaptation and mitigation, podprojekat, 43007/16-III: Socio-economic development, mitigation and adaptation to climate change

  13. [Project Shared Medical Record in Catalonia, Spain: legal framework and enforcement of rights of access, rectification, cancellation and opposition (ARCO)].

    Science.gov (United States)

    Borrás-Pascual, Maria Josep; Busquets-Font, Josep Maria; García-Martínez, Anna; Manent-González, Martí

    2010-02-01

    The Constitution and especially the Constitutional Court's jurisprudence have recognized the so-called right of habeas data, providing legal protection at the highest level of personal data. Health information, falls within the scope of protection, but we see that there are peculiarities in the health and development legislation that compels us to treat such information with special characteristics. This article will review the citizen's rights to access to health information, taking into account both the protection of personal data such as regulating access to specific health information and tools that have been developed for the exercise of these rights under the "Shared Medical Record" project developed by the Department of Health of the Generalitat of Catalonia. In particular the rights that are discussed are: the right of access to information, the right of correction, the right of cancellation. The right of access to information enables anyone to know if their personal data are processed, the purpose of treatment and the available information on the origin of personal data. In addition the law also allows to know whether the data have been disclosed to a third party. The right of rectification gives -concerned in this case the patient- the right to correct any data that contain errors. The cancellation right is restricted to situations where it really is exercising a right of correction against information. Finally, the right to object is for patients to be able to oppose their health data is consulted by various health care facilities to generate them. 2010 Elsevier España S.L. All rights reserved.

  14. Legal rights to safe abortion: knowledge and attitude of women in North-West Ethiopia toward the current Ethiopian abortion law.

    Science.gov (United States)

    Muzeyen, R; Ayichiluhm, M; Manyazewal, T

    2017-07-01

    To assess women's knowledge and attitude toward Ethiopian current abortion law. A quantitative, community-based cross-sectional survey. Women of reproductive age in three selected lower districts in Bahir Dar, North-West Ethiopia, were included. Multi-stage simple random sampling and simple random sampling were used to select the districts and respondents, respectively. Data were collected using a structured questionnaire comprising questions related to knowledge and attitude toward legal status of abortion and cases where abortion is currently allowed by law in Ethiopia. Descriptive statistics were used to summarize the data and multivariable logistic regression computed to assess the magnitude and significance of associations. Of 845 eligible women selected, 774 (92%) consented to participate and completed the interview. A total of 512 (66%) women were aware of the legal status of the Ethiopian abortion law and their primary sources of information were electronic media such as television and radio (43%) followed by healthcare providers (38.7%). Among women with awareness of the law, 293 (57.2%) were poor in knowledge, 188 (36.7%) fairly knowledgeable, and 31 (6.1%) good in knowledge about the cases where abortion is allowed by law. Of the total 774 women included, 438 (56.5%) hold liberal and 336 (43.5%) conservative attitude toward legalization of abortion. In the multivariable logistic regression, age had a significant association with knowledge, whereas occupation had a significant association with attitude toward the law. Women who had poor knowledge toward the law were more likely to have conservative attitude toward the law (adjusted odds ratio, 0.40; 95% confidence interval, 0.23-0.61). Though the Ethiopian criminal code legalized abortion under certain circumstances since 2005, a significant number of women knew little about the law and several protested legalization of abortion. Countries such as Ethiopia with high maternal mortality records need to lift

  15. Radioactive waste management regulatory framework in Mexico

    International Nuclear Information System (INIS)

    Barcenas, M.; Mejia, M.

    2001-01-01

    The purpose of this paper is to present an overview of the current regulatory framework concerning the radioactive waste management in Mexico. It is intended to show regulatory historical antecedents, the legal responsibilities assigned to institutions involved in the radioactive waste management, the sources of radioactive waste, and the development and preparation of national standards for fulfilling the legal framework for low level radioactive waste. It is at present the most important matter to be resolved. (author)

  16. A GPS-Based Control Framework for Accurate Current Sharing and Power Quality Improvement in Microgrids

    DEFF Research Database (Denmark)

    Golsorkhi, Mohammad; Savaghebi, Mehdi; Lu, Dylan

    2017-01-01

    This paper proposes a novel hierarchical control strategy for improvement of load sharing and power quality in ac microgrids. This control framework is composed of a droop based controller at the primary level, and a combination of distributed power sharing and voltage conditioning schemes...... consensus protocol to ensure proportional sharing of average power. The voltage conditioning scheme produces compensation signals at fundamental and dominant harmonics to improve the voltage quality at a sensitive load bus. Experimental results are presented to validate the efficacy of the proposed method....... dynamic response. The droop coefficient, which acts as a virtual resistance is adaptively changed as a function of the peak current. This strategy not only simplifies the control design but also improves the current sharing accuracy at high loading conditions. The distributed power sharing scheme uses...

  17. THE LEGAL FRAMEWORK FOR THE IMPLEMENTATION OF IFRS AND THEIR IMPLICATIONS IN THE BANKING SYSTEM FROM ROMANIA

    Directory of Open Access Journals (Sweden)

    Anisoara Apetri

    2015-05-01

    Full Text Available At the level of the European financial system, banks are the basic institutions which provide financing for the private sector, it preferring bank financing at the expense of financing through the capital market. The current stage of the international accounting harmonisation process focuses on obtaining similar economic decisions taken by investors and other users of the financial statements – decisions based on equivalent financial statements, prepared according to the set of International Financial Reporting Standards - IFRS developed by the IASB. Therefore, the aim of this study is to provide an overview of the implementation of IFRS in the world as well as in Romania by providing some information about the adoption process and the issues identified through the implementation of IFRS, especially in the banking field in Romania.

  18. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  19. Intersectorial health-related policies: the use of a legal and theoretical framework to propose a typology to a case study in a Brazilian municipality

    Directory of Open Access Journals (Sweden)

    Beatriz Helena Tess

    2014-11-01

    Full Text Available This article analyzes intersectorial health-related policies (IHRP based on a case study performed in 2008-2009 that mapped the social policies of the city of Piracicaba, State of Sao Paulo, Brazil. The research strategy comprised quantitative and qualitative methodologies and converging information sources. Legal and theoretical conceptual frameworks were applied to the Piracicaba study results and served as the basis for proposing a typology of IHRP. Three types of IHRP were identified: health policies where the health sector is coordinator but needs non-health sectors to succeed; policies with a sector other than health as coordinator, but which needs health sector collaboration to succeed; and thirdly, genuine intersectorial policies, not led by any one sector but by a specifically-appointed intersectorial coordinator. The authors contend that political commitment of local authorities alone may not be enough to promote efficient intersectorial social policies. Comprehension of different types of IHRP and their interface mechanisms may contribute to greater efficiency and coverage of social policies that affect health equity and its social determinants positively. In the final analysis,, this will lead to more equitable health outcomes.

  20. Application of the Right to Permanent Sovereignty over Natural Resources for Indigenous Peoples: Assessment of Current Legal Developments

    Directory of Open Access Journals (Sweden)

    Endalew Lijalem Enyew

    2017-11-01

    Full Text Available The right to Permanent Sovereignty over Natural Resources (PSNR emerged in the era of decolonization. As a reaction to the irresponsible exploitation of natural resources by colonial powers, peoples under colonial rule and newly independent developing states asserted the right to control and dispose of their own natural resources. The UN General Assembly recognized and reinforced these claims by adopting a series of resolutions relating to the right to PSNR so as to facilitate the process of decolonization. However, the subjects of the right to PSNR have expanded to include ‘all peoples’ due to legal developments in international law pertaining to the right to self-determination of peoples and other human rights standards. This article explores the contemporary application of the right to PSNR for indigenous peoples, by virtue of their being ‘peoples’, tracing various developments in international law relating to indigenous peoples since the inception of PSNR in the 1950s.

  1. Accident prevention in nuclear power plants and appropriate provisions in the current legal regime of the FRG

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1984-01-01

    Technology and hazards is a topic of concern to everybody, and legal experts are called upon to contribute their share to problem solving. Efforts towards creating a law on technical safety have to deal with the definition of terms such as: Hazards, damage, risk, probability, preventive measures. Sometimes, the question of whether an event should be judged to belong to accident prevention, risk abatement, or accepted remaining risk, is very difficult to answer. A system developed by experts is explained which offers a line of orientation along the following principles: The greater the risk, the more comprehensive and the more definite preventive measures are required. Measures to prevent damage are necessary in case of individual risks involved, such as the right to personal safety. In case of risks not affecting the individual, the principle of risk minimization is to be applied, taking into account the principle of reasonableness. (orig./HSCH) [de

  2. 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

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

    Science.gov (United States)

    Harper, Joyce; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo J; 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

    2014-08-01

    How has the interface between genetics and assisted reproduction technology (ART) evolved since 2005? The interface between ART and genetics has become more entwined as we increase our understanding about the genetics of infertility and we are able to perform more comprehensive genetic testing. 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 ART and published an extended background paper, recommendations and two Editorials. An interdisciplinary workshop was held, involving representatives of both professional societies and experts from the European Union Eurogentest2 Coordination Action Project. In March 2012, a group of experts from the European Society of Human Genetics, the European Society of Human Reproduction and Embryology and the EuroGentest2 Coordination Action Project met to discuss developments at the interface between clinical genetics and ART. As more genetic causes of reproductive failure are now recognized and an increasing number of patients undergo testing of their genome prior to conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and PGD may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from RCTs 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 (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

  4. 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)

  5. Legal and Institutional Foundations of Adaptive Environmental ...

    Science.gov (United States)

    Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. Adaptation typically emerges organically among m

  6. Ethical, Legal, and Social Implications of Personalized Genomic Medicine Research: Current Literature and Suggestions for the Future.

    Science.gov (United States)

    Callier, Shawneequa L; Abudu, Rachel; Mehlman, Maxwell J; Singer, Mendel E; Neuhauser, Duncan; Caga-Anan, Charlisse; Wiesner, Georgia L

    2016-11-01

    This review identifies the prominent topics in the literature pertaining to the ethical, legal, and social issues (ELSI) raised by research investigating personalized genomic medicine (PGM). The abstracts of 953 articles extracted from scholarly databases and published during a 5-year period (2008-2012) were reviewed. A total of 299 articles met our research criteria and were organized thematically to assess the representation of ELSI issues for stakeholders, health specialties, journals, and empirical studies. ELSI analyses were published in both scientific and ethics journals. Investigational research comprised 45% of the literature reviewed (135 articles) and the remaining 55% (164 articles) comprised normative analyses. Traditional ELSI concerns dominated the discourse including discussions about disclosure of research results. In fact, there was a dramatic increase in the number of articles focused on the disclosure of research results and incidental findings to research participants. Few papers focused on particular disorders, the use of racial categories in research, international communities, or special populations (e.g., adolescents, elderly patients, or ethnic groups). Considering that strategies in personalized medicine increasingly target individuals' unique health conditions, environments, and ancestries, further analysis is needed on how ELSI scholarship can better serve the increasingly global, interdisciplinary, and diverse PGM research community. © 2016 John Wiley & Sons Ltd.

  7. A computerized legal information management system | Ohiagu ...

    African Journals Online (AJOL)

    A computerized legal information management system. ... process through the filling system using the survey research methodology. ... A framework for the design and implementation of a legal information management system was presented.

  8. Legal framework to ensure transparency

    International Nuclear Information System (INIS)

    Treier, A.

    2007-01-01

    There is a national and an international trend towards administrative transparency. This trend has not stopped at. the Swiss border. Some cantons of Switzerland have already introduced the transparency principle at the cantonal level. At the federal level, the Swiss Confederation introduced on 1 July 2006 the new Federal 'Freedom of Information Act'. Also the Swiss Federal Nuclear Safety Inspectorate (I-ISK) falls under this rule. Before introduction of this law on transparency. most of the documents of Swiss federal Administration were treated as confidential. Access rights to official documents were granted only on certain conditions and in special cases. But there is a general interest, that the public should have the possibility to ask to look at the files of the administration. Since years, the administration had no longer been able to hide behind secretiveness. For instance, the introduction of Internet brought a lot of transparency. The administration had to explain what sort of job it is actually doing and how it is doing. Also, the media were and are increasing their research for information. In this context, the new law on transparency ('Freedom of Information Act') is rather an evolution than a revolution. The Freedom of Information Act guarantees the public access to official documents. Most of the documents of the Federal Administration are public. This access can be limited, differentiated or refused in certain cases. That means that the principle of proportionality between private interests and public transparency has to be applied. The real challenge for the authority is the trade off between the public's right to access information and the industrial legitimate efforts to protect industrial and trade secrets. In the nuclear field, the international principle of transparency has also become an important national principle for Switzerland and FISK. The Swiss Nuclear Energy Act says that 'The relevant authorities shall regularly inform the general public about the condition of nuclear facilities and any matters pertaining to nuclear goods and radioactive waste. They shall inform the general public of any special occurrences'. Although this act has only become effective on 1 February 2005, it reflects the practice under the former Atomic Law. In the field of energy and especially nuclear energy, a lot of people urge for knowledge. They also want to be sure that the use of nuclear energy is really safe, and they want to know how the licensees and the safety authorities are working. (author)

  9. [Legal medicine specialists within the framework of acute care : Analysis of legal medicine consultations in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt].

    Science.gov (United States)

    Pliske, G; Heide, S; Lucas, B; Brandstädter, K; Walcher, F; Kropf, S; Lessig, R; Piatek, S

    2018-05-01

    In acute medical care, there are patients who have been injured by the influence of others. The aim of this study was to analyze all cases which were presented to the Institute for Legal Medicine of the University Halle (Saale). The cases where analyzed in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt. The consultations of the Institute for Legal Medicine Halle-Wittenberg for 2012-2015 were evaluated with regard to the age and gender distribution, the reasons for the consultation and time until the request for consultations. These cases were statistically compared to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt 2014-2015. A total of 536 cases (55.6% male and 44.4% female patients) were evaluated. In all, 62.1% of patients were under 18 years of age; 43.5% of all consultations were requested by pediatric (surgery) clinics. The most common reasons for consultation were sexual child abuse or violence against children (50.7%). Compared to the victims' statistics, significantly more children were examined by legal medicine specialists than could have been expected (p legal medicine specialists in relation to the victims' statistics. Most of them were children and women. The temporal latency between the act of violence and the consultations was one day and more. The latency and the renunciation of the consultation of the legal medicine specialists can lead to loss of evidence.

  10. Legal Harvesting, Sustainable Sourcing and Cascaded Use of Wood for Bioenergy: Their Coverage through Existing Certification Frameworks for Sustainable Forest Management

    Directory of Open Access Journals (Sweden)

    Richard Sikkema

    2014-09-01

    Full Text Available The first objective of this paper was to provide an inventory of developments of certification schemes for sustainable biomass production, following recent EU legislation (both formalized and under development. One main pillar is the EU Timber Regulation for legal harvesting; a second one is the EU’s 2010 recommendations for sustainable woody biomass sourcing for energy; the third one is the EU Waste Directive. The second objective was to benchmark the coverage of this (draft legislation, when wood product certificates for sustainable forest management (SFM are used as proof of the related legislative requirements. We studied North America, as it is a major biomass supplier to the EU-28. Together with existing forest legislation in the US and Canada, SFM certificates are actively used to cover the EU’s (draft legislation. However, North American forests are only partially certified with fibers coming from certified forests; these are referred to as forest management (FM fibers. Other certified fibers should come from complementary risk assessments downstream in the supply chain (risk based fibers. Our benchmark concludes that: (a FM fiber certification by the Forest Stewardship Council (FSC and the Program for the Endorsement of Forest Certification (PEFC international standards show the highest level of coverage with EU’s (draft legislation; (b There is insufficient coverage for risk based fibers by FSC Controlled Wood (FSC-CW, PEFC Due Diligence (PEFC-DD, or SFI-fiber sourcing (SFI-FS. Other weaknesses identified for elaboration are: (c Alignment in definitions are needed, such as for primary forest, high carbon stock, and wood waste (cascading; (d Imperfect mass balance (fiber check downstream needs to be solved, as non-certified fiber flows are inadequately monitored; (e Add-on of a GHG calculation tool is needed, as GHG life cycle reporting is not covered by any of the SFM frameworks.

  11. [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.

  12. Regulating the for-profit private healthcare providers towards universal health coverage: A qualitative study of legal and organizational framework in Mongolia.

    Science.gov (United States)

    Tsevelvaanchig, Uranchimeg; Narula, Indermohan S; Gouda, Hebe; Hill, Peter S

    2018-01-01

    Regulating the behavior of private providers in the context of mixed health systems has become increasingly important and challenging in many developing countries moving towards universal health coverage including Mongolia. This study examines the current regulatory architecture for private healthcare in Mongolia exploring its role for improving accessibility, affordability, and quality of private care and identifies gaps in policy design and implementation. Qualitative research methods were used including documentary review, analysis, and in-depth interviews with 45 representatives of key actors involved in and affected by regulations in Mongolia's mixed health system, along with long-term participant observation. There has been extensive legal documentation developed regulating private healthcare, with specific organizations assigned to conduct health regulations and inspections. However, the regulatory architecture for healthcare in Mongolia is not optimally designed to improve affordability and quality of private care. This is not limited only to private care: important regulatory functions targeted to quality of care do not exist at the national level. The imprecise content and details of regulations in laws inviting increased political interference, governance issues, unclear roles, and responsibilities of different government regulatory bodies have contributed to failures in implementation of existing regulations. Copyright © 2017 John Wiley & Sons, Ltd.

  13. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...

  14. Modeling the legal field of formation of socially responsible conduct among pharmacy specialists

    Directory of Open Access Journals (Sweden)

    N. O. Tkachenko

    2018-03-01

    Full Text Available Observation of legal and legislative standards of the company activities is the fundamental principle of social responsibility (SR. The results of the literature analysis show the lack of fundamental research of regulatory and legal support of formation of socially responsible conduct of pharmacists (SRCPh. AIM: modeling the legal framework and determining the completeness and content of the current regulatory and legal framework on formation of a system of SRCPh throughout the professional lifespan development. Materials and methods. The materials of the study were national and international regulatory legal acts, regulating SR, the activities of pharmaceutical organizations (PhO and getting a pharmaceutical education. During the work, such methods as searching information, systematization, content analysis, comparison and generalization were used. During the investigation, we summarized the legal framework that in various aspects forms the socially responsible conduct of the pharmacists throughout the lifespan professional development; and a model of the legal field of this process was formed. A content analysis of this regulatory framework in aspect of responsibility of the PhO and pharmacists with a description of the problem legal questions in the context of SR was carried out. In this article, attention is paid to the basic level of the legal field, within which general principles of social relations are formed in all spheres of the economy. Conclusions. We have formed a model of the legal field formation of a SRCPh system throughout the professional lifespan development. The model is a complex, multilevel system. The regulatory framework in the model is distributed according to two criteria (hierarchical and regulating relations in the system of socially responsible conduct of the pharmacists and includes 27 basic normative legal acts. We have identified problems in the legal field of the basic level of SRCPh formation: the indistinctness

  15. Review of the current state of UAV regulations

    NARCIS (Netherlands)

    Stöcker, Elvira Claudia; Bennett, Rohan; Nex, Francesco; Gerke, Markus; Zevenbergen, Jaap

    2017-01-01

    UAVs-unmanned aerial vehicles-facilitate data acquisition at temporal and spatial scales that still remain unachievable for traditional remote sensing platforms. However, current legal frameworks that regulate UAVs present significant barriers to research and development. To highlight the

  16. 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.

  17. Configuración actual del comercio exterior en Galicia = Current foreign trade framework in Galicia

    Directory of Open Access Journals (Sweden)

    José Luis Placer Galán

    2016-12-01

    Full Text Available La reciente crisis económica y la contracción de la demanda interna han impulsado un creciente interés por los mercados exteriores. Esta investigación pretende caracterizar la configuración actual del comercio exterior de la Comunidad Autónoma de Galicia, tanto en lo relativo a los productos como a los mercados geográficos de origen y destino. Para ello se emplean una serie de indicadores, ampliamente contrastados en la investigación económica, que permiten identificar: el grado de apertura de la economía provincial leonesa; la propensión exportadora y la dependencia importadora; el grado de concentración, por producto y mercados, de sus flujos comerciales exteriores; la especialización exportadora y la ventaja comparativa sectorial; la composición inter o intra-industrial del comercio exterior; y la distribución geográfica de los flujos comerciales de la economía gallega con los mercados exteriores. The recent economic crisis and internal demand contraction have encouraged the emerging interest in international markets. This study aims at featuring the current foreign trade framework of the Galicia, in regards to both import and export products and geographical markets. For that purpose, several indexes, widely verified in this study, have been utilized to identify the trade openness level of Leon economy, its export propensity, import dependence as well as the concentration level for products and internal trade flows. Leon export specialization, its comparative advantage by sector, the inter-intra-industry trade composition and geographical distribution of trade with international markets have been likewise included in this study.   Keywords: .

  18. [National system of protection against electromagnetic fields 0 Hz-300 GHz in the light of current legal regulations].

    Science.gov (United States)

    Aniołczyk, Halina

    2006-01-01

    Exposure to electromagnetic fields (EMF) occurs when man is exposed to the effect of electric, magnetic and electromagnetic fields and contact currents different from those resulting from physiological processes in the organism or other natural phenomena. In Poland, the system of protection against EMF has been functioning for over 35 years. In 2001, when the Minister of Labor and Social Policy issued the regulation introducing the maximum admissible intensities (MAI) for electromagnetic fields and radiation within the range of 0 Hz-300 GHz, the system was directed mainly towards evaluation of exposure to EMF occurring in the occupational environment. The system is linked via MAI values with human protection in the natural environment. In this paper, the background, principles and the range of the national system of protection against EMF and its monitoring are presented. The project of implementation of EU directives, following Poland's accession to the European Union is also discussed.

  19. The U.S. Forest Service's analysis of cumulative effects to wildlife: A study of legal standards, current practice, and ongoing challenges on a National Forest

    International Nuclear Information System (INIS)

    Schultz, Courtney A.

    2012-01-01

    Cumulative effects analysis (CEA) allows natural resource managers to understand the status of resources in historical context, learn from past management actions, and adapt future activities accordingly. U.S. federal agencies are required to complete CEA as part of environmental impact assessment under the National Environmental Policy Act (NEPA). Past research on CEA as part of NEPA has identified significant deficiencies in CEA practice, suggested methodologies for handling difficult aspects of CEA, and analyzed the rise in litigation over CEA in U.S. courts. This article provides a review of the literature and legal standards related to CEA as it is done under NEPA and then examines current practice on a U.S. National Forest, utilizing qualitative methods in order to provide a detailed understanding of current approaches to CEA. Research objectives were to understand current practice, investigate ongoing challenges, and identify impediments to improvement. Methods included a systematic review of a set of NEPA documents and semi-structured interviews with practitioners, scientists, and members of the public. Findings indicate that the primary challenges associated with CEA include: issues of both geographic and temporal scale of analysis, confusion over the purpose of the requirement, the lack of monitoring data, and problems coordinating and disseminating data. Improved monitoring strategies and programmatic analyses could support improved CEA practice.

  20. European regulatory framework for person carrier robots

    NARCIS (Netherlands)

    Fosch Villaronga, E.; Roig, A.

    The aim of this paper is to establish the grounds for a future regulatory framework for Person Carrier Robots, which includes legal and ethical aspects. Current industrial standards focus on physical human–robot interaction, i.e. on the prevention of harm. Current robot technology nonetheless

  1. Analysis of the Portuguese legal framework concerning the safeguarding of employees' rights in the event of the transfer of an undertaking or an establishment compliance with the directive 2001/23/CE of 12 march 2001

    Directory of Open Access Journals (Sweden)

    Sónia de Carvalho

    2015-12-01

    Full Text Available The undertaking, business, or part of an undertaking or business can be transferred to another person or corporation as a result of a merger or a legal transfer, transitory or definitive. As a consequence of the transfer, there is subrogation ex lege of the transferee in the rights and obligations arising from the employment relationship existing on the date of a transfer. This issue is of the utmost importance to accomplish the freedom of the employer negotiate the undertaking and the protection of employees' rights as well. The Portuguese legal framework has been shaped by Directive 77/187/ CEE and subsequently by Directive 2001/23/CE. In this paper, in order to assess the compliance of the legal framework concerning the enshrined in Labor Code with the Directive 2001/23/CE, it will be performed a comparative analysis between both regulations, which will be coordinated with the case law from the Court of Justice and Portuguese Courts. We will conclude that, apart from some issues, the Portuguese labour law regarding the safeguarding of employees' rights in the event of the transfer of an undertaking complies with the Directive 2001/23 /CE and the case law from the Court of Justice.

  2. Historical Development of NATO Stanag 6001 Language Standards and Common European Framework (CEF) and the Comparison of Their Current Status

    Science.gov (United States)

    Solak, Ekrem

    2011-01-01

    The aim of the article is to shed light on the historical development of language studies in military and social context and to compare the current status of NATO Stanag (Standard Agreement) 6001 language scale with Common European Framework (CEF). Language studies in military context date back to World War II and the emergence of Army Specialized…

  3. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

    The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...

  4. 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.

  5. Contemporary Legal Issues in Electronic Commerce in Nigeria

    Directory of Open Access Journals (Sweden)

    TI Akomolede

    2008-10-01

    Full Text Available The Internet has no doubt added a great deal to the quality of human life today. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce is as a result of the creation of the internet, through which commercial transactions are conducted between parties from different parts of the world and who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic problems, especially in the developing nations such as Nigeria – problems which pose significance challenges to the legal regime of electronic commerce in those countries. This paper examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria.

  6. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...

  7. Legal harvesting, sustainable sourcing and cascaded use of wood for bioenergy : Their coverage through existing certification frameworks for sustainable forest management

    NARCIS (Netherlands)

    Sikkema, Richard; Junginger, Martin; van Dam, Jinke; Stegeman, Gerben; Durrant, David; Faaij, Andre

    2014-01-01

    The first objective of this paper was to provide an inventory of developments of certification schemes for sustainable biomass production, following recent EU legislation (both formalized and under development). One main pillar is the EU Timber Regulation for legal harvesting; a second one is the

  8. Methodology, theoretical framework and scholarly significance: An ...

    African Journals Online (AJOL)

    Methodology, theoretical framework and scholarly significance: An overview ... AFRICAN JOURNALS ONLINE (AJOL) · Journals · Advanced Search ... Keywords: Legal Research, Methodology, Theory, Pedagogy, Legal Training, Scholarship ...

  9. Legality in multiple legal orders

    NARCIS (Netherlands)

    Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

    2010-01-01

    This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

  10. The socio-legal acceptance of new technologies: a close look at artificial insemination.

    Science.gov (United States)

    Bernstein, Gaia

    2002-10-01

    Heated debates often surround the introduction of an important new technology into society, as exemplified by current controversies surrounding human cloning and privacy protection on the Internet. Underlying these controversies are disruptions to central socio-legal values caused by these new technologies. Whether new technologies will eventually be accepted by society is often contingent on the reaction of the legal system. This mandates the formulation of a conceptual framework for understanding and structuring the way the law should react in cases surrounding the adoption of new technologies. By using the case study of artificial insemination this Article develops the tools for structuring the legal role in the acceptance process of new technologies. The three-century controversy surrounding the innovation of artificial insemination results from the innovations' disruption of the socio-legal value of the family. Artificial Insemination--although invented in the eighteenth-century--was rarely used until the 1930s, and only legalized in the 1960s. Its application to surrogacy and its use by unmarried women extends the controversy into the twenty-first century. The case study demonstrates the nature of the relationship among the technological, social and legal acceptance processes of new technologies, and analyzes the legal acceptance debate. The conceptual framework produced is useful in understanding and structuring the legal role in current debates surrounding the introduction and acceptance of new technologies.

  11. The Essential Elements of a Risk Governance Framework for Current and Future Nanotechnologies

    DEFF Research Database (Denmark)

    Stone, Vicki; Führ, Martin; Feindt, Peter H

    2017-01-01

    that goes beyond legislation. Development of this approach must be evidence based and involve key stakeholders to ensure acceptance by end users. The challenge is to develop a framework that coordinates the variety of actors involved in nanotechnology and civil society to facilitate consideration...... to safety. The implementation of such an approach should facilitate and motivate good practice for the various stakeholders to allow the safe and sustainable future development of nanotechnology....

  12. A Framework for Organizing Current and Future Electric Utility Regulatory and Business Models

    Energy Technology Data Exchange (ETDEWEB)

    Satchwell, Andrew [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Cappers, Peter [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Schwartz, Lisa [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States); Fadrhonc, Emily Martin [Lawrence Berkeley National Lab. (LBNL), Berkeley, CA (United States)

    2015-06-01

    In this report, we will present a descriptive and organizational framework for incremental and fundamental changes to regulatory and utility business models in the context of clean energy public policy goals. We will also discuss the regulated utility's role in providing value-added services that relate to distributed energy resources, identify the "openness" of customer information and utility networks necessary to facilitate change, and discuss the relative risks, and the shifting of risks, for utilities and customers.

  13. On the presence of electric currents in the solar atmosphere. I - A theoretical framework

    Science.gov (United States)

    Hagyard, M.; Low, B. C.; Tandberg-Hanssen, E.

    1981-01-01

    The general magnetic field above the solar photosphere is divided by an elementary analysis based on Ampere's law into two parts: a potential field due to electric currents below the photosphere and a field produced by electric currents above the photosphere combined with the induced mirror currents. The latter, by symmetry, has a set of field lines lying in the plane taken to be the photosphere which may be constructed from given vector magnetograph measurements. These field lines also represent all the information on the electric currents above the photosphere that a magnetograph can provide. Theoretical illustrations are given, and implications for data analysis are discussed.

  14. 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.

  15. Current state of renewable energies performances in the European Union: A new reference framework

    International Nuclear Information System (INIS)

    D’Adamo, Idiano; Rosa, Paolo

    2016-01-01

    Highlights: • A common mathematic model, based on historical values, defines future trends. • Luxembourg, Ireland and Netherlands do not reach their 2020 national targets. • The selected indexes significantly influences the ranking of European countries. • Sweden, Finland, Austria and Latvia have a dominant position. • Ten countries have a value greater than the EU 28 average for each index analysed. - Abstract: Initially pushed by the European Union (EU) through the Europe 2020 strategy, the development of renewable energies is a strategic action aiming to limit climate changes and cut greenhouse gas emissions. National subsidies favored the diffusion of this new kind of energy sources, even if there are interesting economic opportunities also in non-subsidized markets. Renewable energy (RE) is a sustainable choice, but its management requires a proper analysis, both from political and operational levels. The aim of this paper is the assessment of European renewable energy source (RES) trajectory towards 2020, starting from historical values and through common scientific methods. In addition, a new reference framework is proposed, in order to evaluate RESs performances in Europe. The framework is based on three indicators: (i) share of energy from RESs in gross final energy consumption, (ii) REs primary production per capita and (iii) gross final consumption of REs per capita. Results could have practical implications for the decision makers involved in the management of energy sources throughout Europe and could be used for the comparison on a global scale.

  16. Building the South African Nation through Legal Deposit: The Impact ...

    African Journals Online (AJOL)

    The legal deposit of and preservation of digital materials depends on the proper legislative framework and implementation of the Legal Deposit Act. This article examines the challenges related to legal instruments affecting the legal deposit of digital materials in South Africa. Two main objectives of the study upon which this ...

  17. 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 ...

  18. [Is it possible to improve the preventive usefulness of workers' health surveillance in the current regulatory framework?

    Science.gov (United States)

    Rodríguez Jareño, Mari Cruz; De Montserrat I Nonó, Jaume

    In Spain, the limited preventive usefulness of health surveillance is determined by the indiscriminate use of nonspecific "generic" health examinations aimed at producing a "fitness for work list", presumably allowing companies to comply with health and safety regulations. This study aimed to produce a technical interpretation of the Spanish Prevention of Risks at Work Act and propose a new conceptual framework to favour greater preventive usefulness of health surveillance within the current regulatory framework. Using qualitative techniques of content analysis, the text of the Law was studied, the key concepts that impeded the fulfilment of the preventive objectives of health surveillance were identified, and a technical interpretation adjusted to regulations was made in order to propose a new conceptual framework RESULTS: This conceptual framework would include: clearly differentiating health surveillance from health examinations (one of its instruments) and from fitness for work evaluations (an independent concept in itself); restricting mandatory health surveillance to situations in which it is "imperative" to carry it out because of the existence of a substantial risk to workers or third parties, including potentially vulnerable workers; and communicating the results of health surveillance through preventive recommendations to the company, reserving fitness for duty certificates -always based on clear, pre-established and justified criteria in relation to risk- for mandatory surveillance. The proposed new conceptual framework falls within the scope of the Spanish Prevention of Risks at Work Act, and its implementation could contribute to improving the preventive usefulness of health surveillance without the need to reform the legislation. Copyright belongs to the Societat Catalana de Salut Laboral.

  19. Legal issues in governing genetic biobanks: the Italian framework as a case study for the implications for citizen's health through public-private initiatives.

    Science.gov (United States)

    Piciocchi, Cinzia; Ducato, Rossana; Martinelli, Lucia; Perra, Silvia; Tomasi, Marta; Zuddas, Carla; Mascalzoni, Deborah

    2018-04-01

    This paper outlines some of the challenges faced by regulation of genetic biobanking, using case studies coming from the Italian legal system. The governance of genetic resources in the context of genetic biobanks in Italy is discussed, as an example of the stratification of different inputs and rules: EU law, national law, orders made by authorities and soft law, which need to be integrated with ethical principles, technological strategies and solutions. After providing an overview of the Italian legal regulation of genetic data processing, it considers the fate of genetic material and IP rights in the event of a biobank's insolvency. To this end, it analyses two case studies: a controversial bankruptcy case which occurred in Sardinia, one of the first examples of private and public partnership biobanks. Another case study considered is the Chris project: an example of partnership between a research institute in Bolzano and the South Tyrolean Health System. Both cases seem to point in the same direction, suggesting expediency of promoting and improving public-private partnerships to manage biological tissues and biotrust to conciliate patent law and public interest.

  20. Weaponisation of Space - Some Legal Considerations

    Science.gov (United States)

    Jolly, C.

    2002-01-01

    This paper will examine a current national initiative from the United States of America to achieve greater national security through the `weaponisation' of extra-atmospheric space. We will propose a synthesis of the current international legal framework pertaining to military activities in space. Based on the analysis of the legal regime and on some current national and regional political initiatives, we will make some practical recommendations to prevent an arms race in space. Civil remote sensing, telecommunications, and launchers launch vehicle technologies have all benefited from a military heritage. They are dual use technologies, in other words, technologies that have both military and civilian applications. In fact, space has always been militarised, ever since the first satellites were put in orbit for reconnaissance missions. But recently, some national policies and technological advances are making the militarisation of space less `discrete'. Military assets from different countries are already stationed in orbit (e.g. reconnaissance and navigation satellites), but they might soon be joined by new `space weapons' with lethal strike capabilities. Currently, in the United States, military and civilian space activities are being closely intertwined. A typical example is the call of the NASA Administrator Sean O'Keefe, a former Secretary of the Navy, for closer cooperation on research and development between NASA and the Department of Defense. Concerning plans to station weapons in space, the American Air Force Space Command issued, in February 2000, its `Strategic Master Plan for FY02 and Beyond'. It states that the United States "...future Air Force Space Command capabilities will enable a fully integrated Aerospace Force to rapidly engage military forces worldwide. [...] Full spectrum dominance in the space medium will be achieved through total space situational awareness, protection of friendly space assets, prevention of unauthorized use of those assets

  1. Equivalence of complex drug products: advances in and challenges for current regulatory frameworks.

    Science.gov (United States)

    Hussaarts, Leonie; Mühlebach, Stefan; Shah, Vinod P; McNeil, Scott; Borchard, Gerrit; Flühmann, Beat; Weinstein, Vera; Neervannan, Sesha; Griffiths, Elwyn; Jiang, Wenlei; Wolff-Holz, Elena; Crommelin, Daan J A; de Vlieger, Jon S B

    2017-11-01

    Biotechnology and nanotechnology provide a growing number of innovator-driven complex drug products and their copy versions. Biologics exemplify one category of complex drugs, but there are also nonbiological complex drug products, including many nanomedicines, such as iron-carbohydrate complexes, drug-carrying liposomes or emulsions, and glatiramoids. In this white paper, which stems from a 1-day conference at the New York Academy of Sciences, we discuss regulatory frameworks in use worldwide (e.g., the U.S. Food and Drug Administration, the European Medicines Agency, the World Health Organization) to approve these complex drug products and their follow-on versions. One of the key questions remains how to assess equivalence of these complex products. We identify a number of points for which consensus was found among the stakeholders who were present: scientists from innovator and generic/follow-on companies, academia, and regulatory bodies from different parts of the world. A number of topics requiring follow-up were identified: (1) assessment of critical attributes to establish equivalence for follow-on versions, (2) the need to publish scientific findings in the public domain to further progress in the field, (3) the necessity to develop worldwide consensus regarding nomenclature and labeling of these complex products, and (4) regulatory actions when substandard complex drug products are identified. © 2017 The Authors. Annals of the New York Academy of Sciences published by Wiley Periodicals, Inc. on behalf of New York Academy of Sciences.

  2. Developing an Integrated Conceptual Framework of Pro-Environmental Behavior in the Workplace through Synthesis of the Current Literature

    Directory of Open Access Journals (Sweden)

    Faye V. McDonald

    2014-08-01

    Full Text Available Recent studies have begun to bridge the gap between general and workplace pro-environmental behavior by adapting specific existing behavioral models to the workplace environment. This conceptual article proposes a different approach by synthesizing the current general and workplace literature to develop a new model of the antecedents to pro-environmental behavior. Guided by this approach, this paper combines the insights of the current general and workplace models to develop an integrated framework of pro-environmental behavior in the workplace. In doing so, an overview of the current general and workplace literatures will be provided as well as their similarities and differences highlighted. The proposed framework will provide further insights into the antecedents of workplace pro-environmental behavior and identify common findings across the different existing workplace models. This theory can be the basis for further research in order to provide a comprehensive picture of the antecedents of pro-environmental behavior in the workplace. Lastly, implications for specific interventions to develop targeted Human Resource Management practices and work towards achieving environmental sustainability will be discussed.

  3. An overview of the Hadoop/MapReduce/HBase framework and its current applications in bioinformatics

    International Nuclear Information System (INIS)

    Taylor, Ronald C.

    2010-01-01

    Bioinformatics researchers are increasingly confronted with analysis of ultra large-scale data sets, a problem that will only increase at an alarming rate in coming years. Recent developments in open source software, that is, the Hadoop project and associated software, provide a foundation for scaling to petabyte scale data warehouses on Linux clusters, providing fault-tolerant parallelized analysis on such data using a programming style named MapReduce. An overview is given of the current usage within the bioinformatics community of Hadoop, a top-level Apache Software Foundation project, and of associated open source software projects. The concepts behind Hadoop and the associated HBase project are defined, and current bioinformatics software that employ Hadoop is described. The focus is on next-generation sequencing, as the leading application area to date.

  4. Legal and institutional foundations of adaptive environmental governance

    Directory of Open Access Journals (Sweden)

    Daniel A. DeCaro

    2017-03-01

    Full Text Available Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship.

  5. Implementation of the framework convention on tobacco control in Africa: current status of legislation.

    Science.gov (United States)

    Tumwine, Jacqueline

    2011-11-01

    To describe, as of July 2011, the status of tobacco control legislation in Africa in three key areas of the Framework Convention on Tobacco Control (FCTC)-(1) Protection from exposure to tobacco smoke, (2) Packaging and labelling of tobacco products, and (3) Tobacco advertising, promotion and sponsorship. Review and analysis of tobacco control legislation in Africa, media reports, journal articles, tobacco industry documents and data published in the 2011 WHO Report on the Global Tobacco Epidemic. Modest progress in FCTC implementation in Africa with many countries having legislation or policies on the protection from exposure to tobacco smoke, however, only a handful of countries meet the standards of the FCTC Article 8 and its Guidelines particularly with regards to designated smoking areas. Little progress on packaging and labelling of tobacco products, with few countries having legislation meeting the minimum standards of the FCTC Article 11 and its Guidelines. Mauritius is the only African country with graphic or pictorial health warnings in place and has the largest warning labels in Africa. Slightly better progress in banning tobacco advertising, promotion and sponsorship has been shown by African countries, although the majority of legislation falls short of the standards of the FCTC Article 13 and its Guidelines. Despite their efforts, African countries' FCTC implementation at national level has not matched the strong regional commitment demonstrated during the FCTC treaty negotiations. This study highlights the need for Africa to step up efforts to adopt and implement effective tobacco control legislation that is fully compliant with the FCTC. In order to achieve this, countries should prioritise resources for capacity building for drafting strong FCTC compliant legislation, research to inform policy and boost political will, and countering the tobacco industry which is a major obstacle to FCTC implementation in Africa.

  6. Implementation of the Framework Convention on Tobacco Control in Africa: Current Status of Legislation

    Directory of Open Access Journals (Sweden)

    Jacqueline Tumwine

    2011-11-01

    Full Text Available Objective: To describe, as of July 2011, the status of tobacco control legislation in Africa in three key areas of the Framework Convention on Tobacco Control (FCTC—(1 Protection from exposure to tobacco smoke, (2 Packaging and labelling of tobacco products, and (3 Tobacco advertising, promotion and sponsorship. Methods: Review and analysis of tobacco control legislation in Africa, media reports, journal articles, tobacco industry documents and data published in the 2011 WHO Report on the Global Tobacco Epidemic. Results: Modest progress in FCTC implementation in Africa with many countries having legislation or policies on the protection from exposure to tobacco smoke, however, only a handful of countries meet the standards of the FCTC Article 8 and its Guidelines particularly with regards to designated smoking areas. Little progress on packaging and labelling of tobacco products, with few countries having legislation meeting the minimum standards of the FCTC Article 11 and its Guidelines. Mauritius is the only African country with graphic or pictorial health warnings in place and has the largest warning labels in Africa. Slightly better progress in banning tobacco advertising, promotion and sponsorship has been shown by African countries, although the majority of legislation falls short of the standards of the FCTC Article 13 and its Guidelines. Despite their efforts, African countries’ FCTC implementation at national level has not matched the strong regional commitment demonstrated during the FCTC treaty negotiations. Conclusion: This study highlights the need for Africa to step up efforts to adopt and implement effective tobacco control legislation that is fully compliant with the FCTC. In order to achieve this, countries should prioritise resources for capacity building for drafting strong FCTC compliant legislation, research to inform policy and boost political will, and countering the tobacco industry which is a major obstacle to FCTC

  7. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  8. The Indus basin in the framework of current and future water resources management

    Science.gov (United States)

    Laghari, A. N.; Vanham, D.; Rauch, W.

    2012-04-01

    The Indus basin is one of the regions in the world that is faced with major challenges for its water sector, due to population growth, rapid urbanisation and industrialisation, environmental degradation, unregulated utilization of the resources, inefficient water use and poverty, all aggravated by climate change. The Indus Basin is shared by 4 countries - Pakistan, India, Afghanistan and China. With a current population of 237 million people which is projected to increase to 319 million in 2025 and 383 million in 2050, already today water resources are abstracted almost entirely (more than 95% for irrigation). Climate change will result in increased water availability in the short term. However in the long term water availability will decrease. Some current aspects in the basin need to be re-evaluated. During the past decades water abstractions - and especially groundwater extractions - have augmented continuously to support a rice-wheat system where rice is grown during the kharif (wet, summer) season (as well as sugar cane, cotton, maize and other crops) and wheat during the rabi (dry, winter) season. However, the sustainability of this system in its current form is questionable. Additional water for domestic and industrial purposes is required for the future and should be made available by a reduction in irrigation requirements. This paper gives a comprehensive listing and description of available options for current and future sustainable water resources management (WRM) within the basin. Sustainable WRM practices include both water supply management and water demand management options. Water supply management options include: (1) reservoir management as the basin is characterised by a strong seasonal behaviour in water availability (monsoon and meltwater) and water demands; (2) water quality conservation and investment in wastewater infrastructure; (3) the use of alternative water resources like the recycling of wastewater and desalination; (4) land use

  9. The Indus basin in the framework of current and future water resources management

    Directory of Open Access Journals (Sweden)

    A. N. Laghari

    2012-04-01

    Full Text Available The Indus basin is one of the regions in the world that is faced with major challenges for its water sector, due to population growth, rapid urbanisation and industrialisation, environmental degradation, unregulated utilization of the resources, inefficient water use and poverty, all aggravated by climate change. The Indus Basin is shared by 4 countries – Pakistan, India, Afghanistan and China. With a current population of 237 million people which is projected to increase to 319 million in 2025 and 383 million in 2050, already today water resources are abstracted almost entirely (more than 95% for irrigation. Climate change will result in increased water availability in the short term. However in the long term water availability will decrease. Some current aspects in the basin need to be re-evaluated. During the past decades water abstractions – and especially groundwater extractions – have augmented continuously to support a rice-wheat system where rice is grown during the kharif (wet, summer season (as well as sugar cane, cotton, maize and other crops and wheat during the rabi (dry, winter season. However, the sustainability of this system in its current form is questionable. Additional water for domestic and industrial purposes is required for the future and should be made available by a reduction in irrigation requirements. This paper gives a comprehensive listing and description of available options for current and future sustainable water resources management (WRM within the basin. Sustainable WRM practices include both water supply management and water demand management options. Water supply management options include: (1 reservoir management as the basin is characterised by a strong seasonal behaviour in water availability (monsoon and meltwater and water demands; (2 water quality conservation and investment in wastewater infrastructure; (3 the use of alternative water resources like the recycling of wastewater and desalination; (4

  10. The Current State of the System of Mechanisms of Realisation and Protection of the Rights of the Child: Conceptual and Legal Aspects

    Science.gov (United States)

    Drozdova, Alexandra Michailowna; Gulakova, Violetta Yurevna; Ivanchenko, Elena Anatolevna; Lesnichenko, Inna Pavlovna; Tereshchenko, Elena Anatolevna

    2016-01-01

    The article is devoted to the analytical understanding of the problems in the field of realisation and protection of the rights of children in Russia to identify and highlight existing problems in order to try to remove shortcomings and embark on further development and improvement of the legal and social mechanisms for the protection of…

  11. Legal protection of land from pollution

    Directory of Open Access Journals (Sweden)

    Petrović Zdravko

    2014-01-01

    Full Text Available Situated in the study conducted in this paper, using the method of analysis of contents, induction and deduction, historical and legal dogmatic indicated that ecology as their object of legal protection has three global natural values: air, water, land, and atmosphere, hydrosphere and lithosphere as constituent elements of the biosphere. Land as a special natural product comprises a solid layer of the Earth that is specific to the biosphere. The importance of land from the perspective of sustainable development is multifaceted, especially when seen through its environmental, industrial, manufacturing, socio-economic, educational, scientific, cultural, historical and any other useful functions. Its most important function is to fertility and the ability to flora supplying water, oxygen and mineral substances. Natural processes that led to the creation of land argue the view that it belongs to the so-called renewable resources, but only if it's a man rational use and encourages their natural reproduction. In accordance with current legislation and categorization of land, this survey includes agricultural land. In this paper, we have opted for ecological and legal land protection as one of the most important natural resources whose quality and extent of a very significant impact on the environment as a whole. The introductory part of the paper included a terminological demarcation and specificity of the case study of environmental law, as well as the possible forms of soil pollution. Methodological framework of research, using the method of content analysis of existing domestic and international legal legislation, method comparison and synthesis were studied legal documents that protect the land from pollution.

  12. Potential Ambiguity Translation Performances within Legal Language Institutional Nomenclature

    Directory of Open Access Journals (Sweden)

    Oţăt Diana

    2015-12-01

    Full Text Available Motivated by a paradoxical corollary of ambiguities in legal documents and especially in contract texts, the current paper underpins a dichotomy approach to unintended ambiguities aiming to establish a referential framework for the occurrence rate of translation ambiguities within the legal language nomenclature. The research focus is on a twofold situation since ambiguities may. on the one hand, arise dining the translation process, generated by the translator’s lack of competence, i.e. inadequate use of English regarding the special nature of legal language, or. on the other hand, they may be simply transferred from the source language into the target language without even noticing the potential ambiguous situation, i.e. culture-bound ambiguities. Hence, the paper proposes a contrastive analysis in order to localize the occurrence of lexical, structural, and socio-cultural ambiguities triggered by the use of the term performance and its Romanian equivalents in a number of sales contracts.

  13. Institutional framework of state property pledge in nizhniy Novgorod Rregion

    Directory of Open Access Journals (Sweden)

    Tat'yana Nikolaevna Danilova

    2012-09-01

    Full Text Available Collateral legal relations are an important factor of the investment process development. They reduce opportunistic loan risks and increase partners’ confidence within the transaction. The mortgage fund of Nizhniy Novgorod region is nowadays involved in the implementation of investment and innovation projects up to 70%. Although theinstitutionalenvironment of regional collateral relation has drastically improved in the last 11 years, the current status is far away from the ideal. Imperfect legal framework of collateral legal relations with the public property leads not only to information asymmetry, but also to a reduced states’ incomefrom thesetransactions. The paper analyzes the current legislative pledge of state property, describes the main steps of its modernization, identifies the positive aspects and trends, as well as deficiencies, provides and gives a proof of necessary legal framework changes aimed at collateral financial relations efficiency improvement in the region

  14. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  15. €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...

  16. 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...

  17. MODERNIZATION, OPTIMIZATION PROCESS OF REGULATION OF THE LEGAL FRAMEWORK AS A BASIS FOR THE DEVELOPMENT OF THE FINANCIAL SUSTAINABILITY OF MUNICIPALITIES

    Directory of Open Access Journals (Sweden)

    Elena B. Krylova

    2015-01-01

    Full Text Available The article highlights the problems associated with the maintenance of financial stability of municipalities. The process of improving the regulatory framework in the public sector of the economy, ensuring the development of economic entities of financial relations at the municipal level, and contributing to the achievement of financial sustainability of municipalities. We consider a number of theses that constitute the theoretical basis of the financial sustainability of municipalities. 

  18. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de

  19. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

    For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

  20. [Political and organizational-legal frameworks for cooperation between countries of the Asia-Pacific region in the field of military medicine].

    Science.gov (United States)

    Kholikov, I V; Dmitrakovich, D V

    2014-12-01

    A framework for cooperation in the field of military medicine in the Asia-Pacific region is considered. Expert Working Group on Military Medicine in cooperation with the Association of Southeast Asian dialogue partners (including Russia) was formed to discuss the most important issues in the field of military medicine, to share practical experience of military physicians, standardization and unification of medical equipment, medicines, levels and standards of medical services and other issues in order to enhance cooperation of military medical services of the participating countries. From 2014 to 2016, the Russian Federation and the Kingdom of Thailand are co-chairs of the expert group.

  1. Powering Nigeria through renewable electricity investments: legal ...

    African Journals Online (AJOL)

    Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and ...

  2. The environmental performance of current and future passenger vehicles: Life cycle assessment based on a novel scenario analysis framework

    International Nuclear Information System (INIS)

    Bauer, Christian; Hofer, Johannes; Althaus, Hans-Jörg; Del Duce, Andrea; Simons, Andrew

    2015-01-01

    Highlights: • We perform Life Cycle Assessment (LCA) of current and future passenger vehicles. • We include gasoline, diesel and natural gas as well as battery and fuel cell cars. • An integrated vehicle simulation framework guarantees consistency. • Only electric cars with “clean” electricity and H_2 allow for pollution mitigation. • Complete LCA is mandatory for environmental evaluation of vehicle technologies. - Abstract: This paper contains an evaluation of the environmental performance of a comprehensive set of current and future mid-size passenger vehicles. We present a comparative Life Cycle Assessment (LCA) based on a novel integrated vehicle simulation framework, which allows for consistency in vehicle parameter settings and consideration of future technological progress. Conventional and hybrid gasoline, diesel and natural gas cars as well as battery and fuel cell electric vehicles (BEV and FCV) are analyzed, taking into account electricity and hydrogen production chains from fossil, nuclear and renewable energy resources. Our results show that a substantial mitigation of climate change can be obtained with electric passenger vehicles, provided that non-fossil energy resources are used for electricity and hydrogen production. However, in terms of other environmental burdens such as acidification, particulate matter formation, and toxicity, BEV may in some cases and FCV are likely to perform worse than modern fossil fueled cars as a consequence of emissions along vehicle and fuel production chains. Therefore, the electrification of road transportation should be accompanied by an integration of life cycle management in vehicle manufacturing chains as well as energy and transport policies in order to counter potential environmental drawbacks.

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

    Directory of Open Access Journals (Sweden)

    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.

  4. 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.

  5. The legalization of small scale mining in Colombia

    Directory of Open Access Journals (Sweden)

    Alexandra Urán

    2013-11-01

    Full Text Available The following article presents conceptual and analytical elements that allow us to broaden the debate about the legalization of the mining in Colombia. Looking for items to be able to propose alternatives in order to consolidate a new mining process socially and environmentally sustainable, claiming the value of the ancestral practices and forms of the redistributive production. To this end, it is necessary to start with the discussion of the concepts of formalization and legality, so that we can generate a theoretical framework that will allow us to explore such delicate matter, we will continue to make the framework socio-political, in which it is based that strategy. Then there is a brief context of thereformulation of legal mining, focusing our attention particularly standards which involves or has effects on artisanal mining and/or small-scale mining. There we will find ourselves with a debate on the typology of the mining and the current difficulties to define schemasof legalization or formalization of small-scale mining in Colombia. To conclude with a proposal to formalize as a mechanism of transition to an administrative system - legislativethat will connect more effectively with the realities and skills of the ethnic communities that practice small-scale mining.

  6. [The current situation regarding guarantees of legal rights to social welfare and nursing care in Japan: based on an analysis of adjudications spanning the period 1960 to 2005].

    Science.gov (United States)

    Matsuzawa, Akemi; Tamiya, Nanako; Wakino, Koutaro

    2009-06-01

    To clarify whether people who need social care are legally guaranteed a "right to receive nursing-care services" as a living right in Japan. Using the database "Judicial Information System on CD-ROM" and journals which cover judicial precedents, such as "Supreme Court Reports" and "Judicial Reports", we searched for adjudications from 1960 to 2005 with 'living rights' as key words. The complete content of these adjudications was ascertained by reference to the journals. We then assessed whether a "right to receive nursing-care services" was specifically discussed in each of the adjudications by determining how the courts interpreted Article 25 of the Constitution in the verdicts and whether or not there was specific discussion of legal rights in each case. Of 210 adjudications extracted from the database, 23 (11.0%) specifically discussed the right to some sort of social security. No specific reference was made in the remaining 187 decisions (89.0%), and plaintiffs' claims were rejected. Whereas the "right to nursing care" was specifically discussed in no decisions before 1992, it was discussed in 4 decisions (40.0%) from 1993 onwards, resulting in plaintiffs' demands being partly granted. The content of the decisions covered issues that included anxiety about future nursing care, the practice of nursing homes of placing several elderly people in one room, ill-defined standards and low pay for home nursing-care workers, provision of nursing-care services based on the assumption that nursing care would be provided by family members, and self-determination and independence of the severely handicapped. A "right to receive nursing-care services" has not been fully guaranteed in the legal sense. However, such a right, included as a living right, is a primary right with a constitutional basis. Although this right has been specifically discussed in only a minority of adjudications, there has been a recent tendency for more emphasis. Both elderly and handicapped persons

  7. Accounting Standards and Legal Capital in EU Law

    Directory of Open Access Journals (Sweden)

    Loukas Panetsos

    2016-09-01

    Full Text Available This paper examines the interaction between accounting standards and legal capital in the European Union legal framework. More in particular, it attempts to compare on a parallel basis the distributional and behavioural function of both concepts and to address whether the current legal status quo in the European Union fulfils these functions. First, this paper makes a short reference to the various accounting families which are encountered today, with a strong emphasis on the distinction between Anglo-American and Continental systems. Then, it describes the EU accounting regulation and the introduction of IFRS in domestic legislation. Further, it discusses the concept of legal capital as it has been established in European jurisdictions and it points to the relevance of the Continental accounting standards. It is argued that both are characterized by paternalism, contrasting with Anglo-American standards and American distributional methods, which are outlined by contractariansm. The final argument is that the combination of legal capital rules and Anglo-American standards, like the IFRS, neither achieves the protective role prescribed to the former, nor guarantees the aims of the latter.

  8. 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....

  9. Autonomous driving technical, legal and social aspects

    CERN Document Server

    Gerdes, J; Lenz, Barbara; Winner, Hermann

    2016-01-01

    This book takes a look at fully automated, autonomous vehicles and discusses many open questions: How can autonomous vehicles be integrated into the current transportation system with diverse users and human drivers? Where do automated vehicles fall under current legal frameworks? What risks are associated with automation and how will society respond to these risks? How will the marketplace react to automated vehicles and what changes may be necessary for companies? Experts from Germany and the United States define key societal, engineering, and mobility issues related to the automation of vehicles. They discuss the decisions programmers of automated vehicles must make to enable vehicles to perceive their environment, interact with other road users, and choose actions that may have ethical consequences. The authors further identify expectations and concerns that will form the basis for individual and societal acceptance of autonomous driving. While the safety benefits of such vehicles are tremendous, the auth...

  10. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

    The author comments about the knowledge evolution about radioactivity and describes the most important chemical elements capable of discharging it and all the types of radioactivity according with Mendelejef's classification. He analyses the celular sensibility related to many variables, listing the biological effects that may happen depending on the quantity of radiation and exposition time to radiation. He also calls attention to procedures of dosimetry and radioprotection that must be done when anatomo-pathological examination of body fluids, discharges and tissues are carried out, stressing that protective clothing must be wear, decontamination or to make useless the material involved are important to get the job done. A description of the appropriated conditions to perform autopsy, to anoint and to cremate contaminated bodies and the procedures used by the Navy Hospital Marcilio Dias service of anatomo-pathology, Instituto de Radioprotecao e Dosimetria (IRD) and Comissao Nacional de Energia Nuclear (CNEN) is given, based on the experience gained in performing necropsy of dead patients and one anatomo-pathological examination of upper limb amputated inside the surgical room. He finishes describing the macroscopic injuries observed and listing the instrumental used, the reports made, giving details about the necropsy carried out and answering medical-legal matters. (author)

  11. Nanoinformatics workshop report: Current resources, community needs, and the proposal of a collaborative framework for data sharing and information integration.

    Science.gov (United States)

    Harper, Stacey L; Hutchison, James E; Baker, Nathan; Ostraat, Michele; Tinkle, Sally; Steevens, Jeffrey; Hoover, Mark D; Adamick, Jessica; Rajan, Krishna; Gaheen, Sharon; Cohen, Yoram; Nel, Andre; Cachau, Raul E; Tuominen, Mark

    2013-01-01

    The quantity of information on nanomaterial properties and behavior continues to grow rapidly. Without a concerted effort to collect, organize and mine disparate information coming out of current research efforts, the value and effective use of this information will be limited at best. Data will not be translated to knowledge. At worst, erroneous conclusions will be drawn and future research may be misdirected. Nanoinformatics can be a powerful approach to enhance the value of global information in nanoscience and nanotechnology. Much progress has been made through grassroots efforts in nanoinformatics resulting in a multitude of resources and tools for nanoscience researchers. In 2012, the nanoinformatics community believed it was important to critically evaluate and refine currently available nanoinformatics approaches in order to best inform the science and support the future of predictive nanotechnology. The Greener Nano 2012: Nanoinformatics Tools and Resources Workshop brought together informatics groups with materials scientists active in nanoscience research to evaluate and reflect on the tools and resources that have recently emerged in support of predictive nanotechnology. The workshop goals were to establish a better understanding of current nanoinformatics approaches and to clearly define immediate and projected informatics infrastructure needs of the nanotechnology community. The theme of nanotechnology environmental health and safety (nanoEHS) was used to provide real-world, concrete examples on how informatics can be utilized to advance our knowledge and guide nanoscience. The benefit here is that the same properties that impact the performance of products could also be the properties that inform EHS. From a decision management standpoint, the dual use of such data should be considered a priority. Key outcomes include a proposed collaborative framework for data collection, data sharing and information integration.

  12. Nanoinformatics workshop report: current resources, community needs and the proposal of a collaborative framework for data sharing and information integration

    International Nuclear Information System (INIS)

    Harper, Stacey L; Hutchison, James E; Baker, Nathan; Ostraat, Michele; Tinkle, Sally; Steevens, Jeffrey; Hoover, Mark D; Adamick, Jessica; Rajan, Krishna; Gaheen, Sharon; Cohen, Yoram; Nel, Andre; Cachau, Raul E; Tuominen, Mark

    2013-01-01

    The quantity of information on nanomaterial properties and behavior continues to grow rapidly. Without a concerted effort to collect, organize and mine disparate information coming out of current research efforts, the value and effective use of this information will be limited at best. Data will not be translated to knowledge. At worst, erroneous conclusions will be drawn and future research may be misdirected. Nanoinformatics can be a powerful approach to enhance the value of global information in nanoscience and nanotechnology. Much progress has been made through grassroots efforts in nanoinformatics resulting in a multitude of resources and tools for nanoscience researchers. In 2012, the nanoinformatics community believed it was important to critically evaluate and refine currently available nanoinformatics approaches in order to best inform the science and support the future of predictive nanotechnology. The Greener Nano 2012: Nanoinformatics Tools and Resources Workshop brought together informatics groups with materials scientists active in nanoscience research to evaluate and reflect on the tools and resources that have recently emerged in support of predictive nanotechnology. The workshop goals were to establish a better understanding of current nanoinformatics approaches and to clearly define immediate and projected informatics infrastructure needs of the nanotechnology community. The theme of nanotechnology environmental health and safety (nanoEHS) was used to provide real-world, concrete examples on how informatics can be utilized to advance our knowledge and guide nanoscience. The benefit here is that the same properties that impact the performance of products could also be the properties that inform EHS. From a decision management standpoint, the dual use of such data should be considered a priority. Key outcomes include a proposed collaborative framework for data collection, data sharing and information integration. (paper)

  13. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

    Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

  14. The legal and ethical aspects of the right to health of migrants in Switzerland.

    Science.gov (United States)

    Marks-Sultan, Géraldine; Kurt, Stefanie; Leyvraz, Didier; Sprumont, Dominique

    The right to health of migrant populations, whether they are foreign nationals, foreign workers, tourists, asylum seekers or refugees, is enshrined in international human rights treaties. The effectiveness of the implementation of this fundamental right thus lies in national legal frameworks. In spite of its long humanitarian tradition, Switzerland has a strict migration policy, and while it has established a non-discriminatory legal framework for the protection and promotion of the right to health, its laws and regulations sometimes codify differences in treatment between foreign nationals and Swiss residents based on distinct situations. On the basis of shared responsibilities between the Federal State and the 26 cantons, this article describes the Swiss legal and regulatory approach to the right to health, the ways it is currently implemented and the possible vectors for an improved integration of migrants into the health system.

  15. Assessing Land Degradation and Desertification Using Vegetation Index Data: Current Frameworks and Future Directions

    Directory of Open Access Journals (Sweden)

    Thomas P. Higginbottom

    2014-10-01

    Full Text Available Land degradation and desertification has been ranked as a major environmental and social issue for the coming decades. Thus, the observation and early detection of degradation is a primary objective for a number of scientific and policy organisations, with remote sensing methods being a candidate choice for the development of monitoring systems. This paper reviews the statistical and ecological frameworks of assessing land degradation and desertification using vegetation index data. The development of multi-temporal analysis as a desertification assessment technique is reviewed, with a focus on how current practice has been shaped by controversy and dispute within the literature. The statistical techniques commonly employed are examined from both a statistical as well as ecological point of view, and recommendations are made for future research directions. The scientific requirements for degradation and desertification monitoring systems identified here are: (I the validation of methodologies in a robust and comparable manner; and (II the detection of degradation at minor intensities and magnitudes. It is also established that the multi-temporal analysis of vegetation index data can provide a sophisticated measure of ecosystem health and variation, and that, over the last 30 years, considerable progress has been made in the respective research.

  16. The use of Depletion Methods to assess Mediterranean cephalopod stocks under the current EU Data Collection Framework

    Directory of Open Access Journals (Sweden)

    S. KELLER

    2015-09-01

    Full Text Available Fuelled by the raising importance of cephalopod fisheries in Europe, there have been demands from scientists and stakeholders for their assessment and management. However, little has been done to improve the data collection in order to analyse cephalopod populations under the EU Data Collection Framework (DCF. While the DCF allows member states to design flexible national sampling programmes, it establishes the minimum data requirements (MDR each state is obliged to fulfil. In this study, it was investigated whether such MDR currently set by the DCF allow the application of depletion models (DMs to assess European cephalopod stocks. Squid and cuttlefish fisheries from the western Mediterranean were used as a case study. This exercise sheds doubt on the suitability of the MDR to properly assess and manage cephalopod stocks by means of DMs. Owing to the high plasticity of life-history traits in cephalopod populations, biological parameters should be estimated during the actual depletion period of the fished stocks, in contrast with the triennial sampling established by the DCF. In order to accurately track the depletion event, the rapid growth rates of cephalopods implies that their populations should be monitored at shorter time scales (ideally weekly or biweekly instead of quarterly as required by the DCF. These measures would not demand additional resources of the ongoing DCF, but a redistribution of sampling efforts during the depletion period. Such changes in the sampling scheme could be designed and undertaken by the member states or directly integrated as requirements.

  17. Efficient solution of 3D electromagnetic eddy-current problems within the finite volume framework of OpenFOAM

    Science.gov (United States)

    Beckstein, Pascal; Galindo, Vladimir; Vukčević, Vuko

    2017-09-01

    Eddy-current problems occur in a wide range of industrial and metallurgical applications where conducting material is processed inductively. Motivated by realising coupled multi-physics simulations, we present a new method for the solution of such problems in the finite volume framework of foam-extend, an extended version of the very popular OpenFOAM software. The numerical procedure involves a semi-coupled multi-mesh approach to solve Maxwell's equations for non-magnetic materials by means of the Coulomb gauged magnetic vector potential A and the electric scalar potential ϕ. The concept is further extended on the basis of the impressed and reduced magnetic vector potential and its usage in accordance with Biot-Savart's law to achieve a very efficient overall modelling even for complex three-dimensional geometries. Moreover, we present a special discretisation scheme to account for possible discontinuities in the electrical conductivity. To complement our numerical method, an extensive validation is completing the paper, which provides insight into the behaviour and the potential of our approach.

  18. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

    Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

  19. Implementation of disability policy framework in Namibia: A qualitative study

    Directory of Open Access Journals (Sweden)

    Tonderai W. Shumba

    2018-04-01

    Conclusions: The study revealed key issues that need to be addressed in reviewing the policy and legal framework so that it is responsive to the current needs of persons with disabilities. Further, the CBR programme needs an evaluation tool to assess its effectiveness and efficiency in meeting the needs of persons with disabilities and also to elicit their experiences and satisfaction.

  20. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  1. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  2. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

    The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

  3. THE LEGAL STATUS OF PROFESSIONALS IN THE CONTEXT OF CHANGES BROUGHT BY THE NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    OANA-CARMEN RĂVAŞ

    2014-12-01

    Full Text Available Adoption of the New Civil Code (NCC meant a "turning point" for the radical concept of the subjects participating in legal relations which, according to the Commercial Code (now repealed almost all provisions usually were traders. Currently, the Unification of Private Law, according to the monistic conception embraced by NCC there are a series of difficulties in the conceptual framework of "professionals", the "company" and, especially, the professional traders. Professional traders are individuals: the individual, authorized individual and family business. The legal status of the three categories of individuals falling into the category of professionals traders is regulated by Ordinance no. 44/2008, amended.

  4. Responding to violence against women: social science contributions to legal solutions.

    Science.gov (United States)

    Portwood, Sharon G; Heany, Julia Finkel

    2007-01-01

    Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

  5. REVISITING THE LEGAL FRAMEWORK FOR AFRICAN ECONOMIC ...

    African Journals Online (AJOL)

    OLAWUYI

    The desire for an African economic and monetary union as a strategy for repositioning the post- colonial continent ... Books, 2003 (first published 1776). Pp 537 .... Harvard. University. Cited by Hammouda H.B and Osakwe P.N, ibid. 18 Ibid. 19.

  6. [Abortion: legal, deontological and ethical framework].

    Science.gov (United States)

    Canário, Catarina; Figueiredo, Bárbara; Ricou, Miguel

    2011-12-01

    Pregnancy interruption before fetal viability limit is inherent to a multidisciplinary reflection, due to the conflicts involved. Portuguese laws have been altered along time in the way of women's health protection, allowing the needed information and support towards a free, informed and enlightened decision. Deontological determinants about health professionals towards abortion indicate the practice accordingly the law. Nevertheless, it is safeguarded their right to consciousness objection. Ethical discussion about abortion, in its different ways, includes the concern about the value of intrauterine human life, and also the respect for individual autonomy. Even though the debate about intrauterine human life moral status is viewed from different theories and points of view, it is concluded that different perspectives about this matter are acceptable, in an interpersonal diversity valorization point of view.

  7. THE LEGAL FRAMEWORK FOR THE INSTITUTIONALISATION OF ...

    African Journals Online (AJOL)

    OLAWUYI

    2006-07-07

    Jul 7, 2006 ... This paper seeks to examine the mechanisms through which there has been an ... disputes.3 The necessary implication of the foregoing is that once a court ... of recourse to arbitration as a form of alternative dispute resolution are not ... Procedure) Rules of Lagos State (2004) makes provisions for the ...

  8. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  9. The Order of Protection in the Romanian Legal System

    Directory of Open Access Journals (Sweden)

    Natalia Saharov

    2015-05-01

    Full Text Available The phenomenon of domestic violence, quite common in the countries of Eastern Europe, including Romania, can be perceived as a consequence of shortcomings in the education of person, or a faulty education. The aims of current study is to present and analyze the legal instruments designed in the area of civil law due to combat and prevent domestic violence, with a special regard to the protective order governed by the law No. 217/ 2003, as amended and republished. Legal provisions are analyzed with regarded to the person who may apply for order of protection, the conditions for the admissibility of the petition for the issuance of the protective order, the measures which may be imposed by an protection order, the duration of these measures, the conditions for revocation of the protective order etc. The study reveals the practical application of analyzed legal provisions, by referring to the decisions given by Romania courts in cases involving the “protective order”. Finally are exposed the advantages and shortcomings of normative framework already existing, as well as the effectiveness of the legal provisions in practice.

  10. ASPECTS REGARDING LEGAL PROTECTION OF SOIL RESOURCES

    OpenAIRE

    Cristian Popescu

    2012-01-01

    Along with specialty items used for the development and implementation of sustainable development, protection and conservation of the environment, legal protection component of soil resources play an essential role. Legal and institutional framework provides a much protection of soil resources. Soil is the thin layer of organic and inorganic materials that covers the Earth's rocky surface. A soil pollutant is any factor which deteriorates the quality, texture and mineral content of the soil ...

  11. The Terri Schiavo case: legal, ethical, and medical perspectives.

    Science.gov (United States)

    Perry, Joshua E; Churchill, Larry R; Kirshner, Howard S

    2005-11-15

    Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care. First, the authors review the current medical understanding of persistent vegetative state, including the requirements for patient examination, the differential diagnosis, and the practice guidelines of the American Academy of Neurology regarding artificial nutrition and hydration for patients with this diagnosis. Second, they examine the legal history, including the 2000 trial, the 2002 evidentiary hearing, and the subsequent appeals. The authors argue that the law did not fail Terri Schiavo, but produced the highest-quality evidence and provided the most judicial review of any end-of-life guardianship case in U.S. history. Third, they review alternative ethical frameworks for understanding the Terri Schiavo case and contend that the principle of respect for autonomy is paramount in this case and in similar cases. Far from being unusual, the manner in which Terri Schiavo's case was reviewed and the basis for the decision reflect a broad medical, legal, and ethical consensus. Greater clarity regarding the persistent vegetative state, less apprehension of the presumed mysteries of legal proceedings, and greater appreciation of the ethical principles at work are the chief benefits obtained from studying this provocative case.

  12. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  13. International Legal Realities of Migrant Labour Rights

    Directory of Open Access Journals (Sweden)

    Giovanni Di Lieto

    2015-11-01

    Full Text Available This paper is concerned with the evolutionary process of the global governance of labour migration, which has led to the progressive privatisation and commodification of international labour mobility. The focus is on the effects of such change on working conditions for migrants. In particular, the analysis is concerned with legal conceptualisations of labour mobility and their repercussions on the normative process of migration governance. For people on the move, the journey almost always entails sacrifices and uncertainty. The possible costs range from the emotional cost of separation from families and friends to high monetary fees. The stakes can include the physical dangers of working in dangerous occupations, or even a risk of death, such as in the case of illegal border crossings. Nevertheless, millions of people are still attempting movement, facing these costs or risks, in order to improve their living standards and those of their families. The implications for international human rights law are striking. Thus, attention is drawn to the human rights of all migrant workers, and more specifically to the protection and development of basic labour rights in the framework of international organisations. Ultimately, the main point of this study is to evaluate to what extent the freedom to choose where to work and to do so in decent conditions is a current legal reality at both the national and international levels.

  14. The Legal Implications of Student Use of Social Networking Sites in the UK and US: Current Concerns and Lessons for the Future

    Science.gov (United States)

    Davies, Mark R.; Lee, Barbara A.

    2008-01-01

    This paper provides a comparative snapshot of the current state of the law in the US and UK with respect to potential liability of university and college students for use (and misuse) of social networking sites. It reviews the limited case law on this topic, highlights the differences in the two nations' laws of defamation and the various possible…

  15. Climate change loss and damage. Economic and legal foundations

    International Nuclear Information System (INIS)

    Pinninti, Krishna Rao

    2014-01-01

    This text works to establish essential foundations and guidelines in the current process of providing strategies, mechanisms and resources for mitigating loss and damage from the adverse impacts of climate change and climate variability. This builds on the groundwork done by the UNFCCC and other entities to facilitate the processes at the international level, pursuing a pragmatic approach and the objective specification of relevant frameworks for further actions. The primary goal is the development of integrated approaches to the assessment and reduction of loss and damage due to climate change (including climate variability), encompassing both economic and legal dimensions.

  16. Climate change loss and damage. Economic and legal foundations

    Energy Technology Data Exchange (ETDEWEB)

    Pinninti, Krishna Rao

    2014-04-01

    This text works to establish essential foundations and guidelines in the current process of providing strategies, mechanisms and resources for mitigating loss and damage from the adverse impacts of climate change and climate variability. This builds on the groundwork done by the UNFCCC and other entities to facilitate the processes at the international level, pursuing a pragmatic approach and the objective specification of relevant frameworks for further actions. The primary goal is the development of integrated approaches to the assessment and reduction of loss and damage due to climate change (including climate variability), encompassing both economic and legal dimensions.

  17. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

    Clearwater, S.W.; Scanlon, J.M.

    1991-01-01

    Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations

  18. PLEDGES OF A LEGAL ACADEMIC

    African Journals Online (AJOL)

    eliasn

    Tsegaye Regassa is currently a PhD Candidate at Melbourne University. Law School and can be reached at ... worthy commentator of our laws for our times, a defender of the civilization embodied in the laws of the ... As a legal academic, I note that I am part of the corps of intellectuals who, as society's paid thinkers, seek to ...

  19. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2017-01-01

    We investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of

  20. Intellectual property law and competition law in China - Analysis of the current framework and comparison with the EU approach

    Directory of Open Access Journals (Sweden)

    Yeung Nga Man

    2014-05-01

    Full Text Available In this paper Yeung Nga Man looks at the question of protection of intellectual property rights in the Chinese legal system with comparative reference to policy and practice in the European Union. What is the best way to stimulate competition but yet also protect innovation? Part I of the essay examines the present IPRs protection in China. In Part II, contrary to the myth that competition and IP law conflict with one another, the author argues that both foster innovation and development, and enhance consumer welfare. Part III discusses the competition law regime in China with a specific focus on AML and evaluation of the enforcement of the regime. Part IV outlines the European Union approach, which China might consider adopting. Part V discusses the Block Exemptions approach from the E.U. on horizontal agreements.

  1. Does Croatia Need a General Anti-Avoidance Rule? Recommended Changes to Croatia’s Current Legislative Framework

    Directory of Open Access Journals (Sweden)

    Rebecca Prebble

    2005-09-01

    Full Text Available This paper considers whether Croatia would benefit from the introduction of a general anti-avoidance rule into its tax system. The paper gives an overview of what tax avoidance is and differentiates the concept from the related concepts of tax evasion and fraud. The paper then describes how general anti-avoidance rules work. The paper gives an overview of Croatia’s tax system, including the measures the country already has to combat tax avoidance, and concludes that a general anti-avoidance rule is necessary. The paper draws on the experiences of countries with legal systems similar to that of Croatia to suggest the form that a Croatian general anti-avoidance rule should take.

  2. Limits of the current EU regulatory framework on GMOs: risk of not authorized GM event-traces in imports

    Directory of Open Access Journals (Sweden)

    Roïz Julie

    2014-11-01

    Full Text Available Since their first commercialization in the 1990’s, the number of genetically modified organisms (GMOs cultivated around the world has steadily increased. This development has been accompanied by the development of regulatory and policy environments which vary from one country to another. Today, the European food and feed sectors are faced with the increasing risk of finding traces of not authorized GMOs in imports. Under the EU zero tolerance for unapproved GMOs, this situation may lead to trade disruptions with important cost implications. A regulatory environment which minimizes the risk of such disruption is therefore indispensable. To address this issue, the EU has adopted the “technical solution” but this remains insufficient to provide the necessary legal certainty which is needed to operate in such context. More comprehensive approaches are considered globally through low level presence policies.

  3. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

    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 ...

  4. [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.

  5. 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

  6. Legal precedents regarding use and defensibility of risk assessment in Federal transportation of SNF and HLW

    International Nuclear Information System (INIS)

    Bentz, E.J. Jr.; Bentz, C.B.; O'Hora, T.D.; Chen, S.Y.

    1997-01-01

    Risk assessment has become an increasingly important and essential tool in support of Federal decision-making regarding the handling, storage, disposal, and transportation of spent nuclear fuel (SNF) and high-level radioactive waste (HLW). This paper analyzes the current statutory and regulatory framework and related legal precedents with regard to SNF and HLW transportation. The authors identify key scientific and technical issues regarding the use and defensibility of risk assessment in Federal decision-making regarding anticipated shipments

  7. A Review and Framework for Categorizing Current Research and Development in Health Related Geographical Information Systems (GIS) Studies.

    Science.gov (United States)

    Lyseen, A K; Nøhr, C; Sørensen, E M; Gudes, O; Geraghty, E M; Shaw, N T; Bivona-Tellez, C

    2014-08-15

    The application of GIS in health science has increased over the last decade and new innovative application areas have emerged. This study reviews the literature and builds a framework to provide a conceptual overview of the domain, and to promote strategic planning for further research of GIS in health. The framework is based on literature from the library databases Scopus and Web of Science. The articles were identified based on keywords and initially selected for further study based on titles and abstracts. A grounded theory-inspired method was applied to categorize the selected articles in main focus areas. Subsequent frequency analysis was performed on the identified articles in areas of infectious and non-infectious diseases and continent of origin. A total of 865 articles were included. Four conceptual domains within GIS in health sciences comprise the framework: spatial analysis of disease, spatial analysis of health service planning, public health, health technologies and tools. Frequency analysis by disease status and location show that malaria and schistosomiasis are the most commonly analyzed infectious diseases where cancer and asthma are the most frequently analyzed non-infectious diseases. Across categories, articles from North America predominate, and in the category of spatial analysis of diseases an equal number of studies concern Asia. Spatial analysis of diseases and health service planning are well-established research areas. The development of future technologies and new application areas for GIS and data-gathering technologies such as GPS, smartphones, remote sensing etc. will be nudging the research in GIS and health.

  8. Applications of the MapReduce programming framework to clinical big data analysis: current landscape and future trends.

    Science.gov (United States)

    Mohammed, Emad A; Far, Behrouz H; Naugler, Christopher

    2014-01-01

    The emergence of massive datasets in a clinical setting presents both challenges and opportunities in data storage and analysis. This so called "big data" challenges traditional analytic tools and will increasingly require novel solutions adapted from other fields. Advances in information and communication technology present the most viable solutions to big data analysis in terms of efficiency and scalability. It is vital those big data solutions are multithreaded and that data access approaches be precisely tailored to large volumes of semi-structured/unstructured data. THE MAPREDUCE PROGRAMMING FRAMEWORK USES TWO TASKS COMMON IN FUNCTIONAL PROGRAMMING: Map and Reduce. MapReduce is a new parallel processing framework and Hadoop is its open-source implementation on a single computing node or on clusters. Compared with existing parallel processing paradigms (e.g. grid computing and graphical processing unit (GPU)), MapReduce and Hadoop have two advantages: 1) fault-tolerant storage resulting in reliable data processing by replicating the computing tasks, and cloning the data chunks on different computing nodes across the computing cluster; 2) high-throughput data processing via a batch processing framework and the Hadoop distributed file system (HDFS). Data are stored in the HDFS and made available to the slave nodes for computation. In this paper, we review the existing applications of the MapReduce programming framework and its implementation platform Hadoop in clinical big data and related medical health informatics fields. The usage of MapReduce and Hadoop on a distributed system represents a significant advance in clinical big data processing and utilization, and opens up new opportunities in the emerging era of big data analytics. The objective of this paper is to summarize the state-of-the-art efforts in clinical big data analytics and highlight what might be needed to enhance the outcomes of clinical big data analytics tools. This paper is concluded by

  9. Civil nuclear and responsibilities related to radioactive wastes. The 'cumbersome' wastes of the civil nuclear; The Parliament and the management of wastes from the civil nuclear; The Swiss legal framework related to the shutting down of nuclear power stations and to the management of radioactive wastes; Economic theory and management of radioactive wastes: to dare the conflict

    International Nuclear Information System (INIS)

    Rambour, Muriel; Pauvert, Bertrand; Zuber-Roy, Celine; Thireau, Veronique

    2015-01-01

    This publication presents the contributions to a research seminar organised by the European Centre of research on Risk, Collective Accident and Disasters Law (CERDACC) on the following theme: civil nuclear and responsibilities related to radioactive wastes. Three main thematic issues have been addressed: the French legal framework for waste processing, the comparison with the Swiss case, and the controversy about the exposure of societies to waste-induced risks. The first contribution addressed the cumbersome wastes of the civil nuclear industry: characterization and management solutions, the hypothesis of reversibility of the storage of radioactive wastes. The second one comments the commitment of the French Parliament in the management of wastes of the civil nuclear industry: role of Parliamentary Office of assessment of scientific and technological choices (OPECST) to guide law elaboration, assessment by the Parliament of the management of nuclear wastes (history and evolution of legal arrangements). The next contribution describes the Swiss legal framework for the shutting down of nuclear power stations (decision and decommissioning) and for the management of radioactive wastes (removal, financing). The last contribution discusses the risk related to nuclear waste management for citizen and comments how economists address this issue

  10. A Review and Framework for Categorizing Current Research and Development in Health Related Geographical Information Systems (GIS) Studies

    Science.gov (United States)

    Nøhr, C.; Sørensen, E. M.; Gudes, O.; Geraghty, E. M.; Shaw, N. T.; Bivona-Tellez, C.

    2014-01-01

    Summary Objectives The application of GIS in health science has increased over the last decade and new innovative application areas have emerged. This study reviews the literature and builds a framework to provide a conceptual overview of the domain, and to promote strategic planning for further research of GIS in health. Method The framework is based on literature from the library databases Scopus and Web of Science. The articles were identified based on keywords and initially selected for further study based on titles and abstracts. A grounded theory-inspired method was applied to categorize the selected articles in main focus areas. Subsequent frequency analysis was performed on the identified articles in areas of infectious and non-infectious diseases and continent of origin. Results A total of 865 articles were included. Four conceptual domains within GIS in health sciences comprise the framework: spatial analysis of disease, spatial analysis of health service planning, public health, health technologies and tools. Frequency analysis by disease status and location show that malaria and schistosomiasis are the most commonly analyzed infectious diseases where cancer and asthma are the most frequently analyzed non-infectious diseases. Across categories, articles from North America predominate, and in the category of spatial analysis of diseases an equal number of studies concern Asia. Conclusion Spatial analysis of diseases and health service planning are well-established research areas. The development of future technologies and new application areas for GIS and data-gathering technologies such as GPS, smartphones, remote sensing etc. will be nudging the research in GIS and health. PMID:25123730

  11. Integrating resource efficiency and EU State aid. An evaluation of resource efficiency considerations in the current EU State aid framework

    Energy Technology Data Exchange (ETDEWEB)

    Bennink, D.; Faber, J.; Smit, M. [CE Delft, Delft (Netherlands); Goba, V. [SIA Estonian, Latvian and Lithuanian Environment ELLE, Tallinn (Estonia); Miller, K.; Williams, E. [AEA Technology plc, London (United Kingdom)

    2012-10-15

    This study, for the European Commission, analyses the issues that need to be addressed in the revision of the EU State aid framework to ensure that they do not hinder environmental, resource efficiency and sustainable development goals. In some cases, State aid can be considered an environmentally harmful subsidy (EHS). The study analyses (1) the extent to which the Environmental Aid Guidelines (EAG) need to be changed to take into account recent European environmental policy developments; (2) existing and potential resource efficiency considerations in a) the Regional Aid Guidelines; b) the Research, Development and Innovation (RDI) Guidelines and c) the Agriculture and Forestry Guidelines; assesses cases and schemes using these guidelines to identify whether resource efficiency considerations are taken into account. The study also considers the social, environmental and economic impacts of these cases and schemes. It develops recommendations for the review of the EAG and a number of horizontal guidelines. One of the conclusions of the analysis is that the way in which multiple objectives and impacts are balanced, when deciding to approve state aid, is unclear. Also, EU member states are not required to provide information on certain types of (estimated) impacts. To guarantee that multiple objectives and impacts are sufficiently balanced, it is recommended that the State aid framework prescribes that applicants identify social, economic and environmental objectives and impacts and describe how these are taken into account in the procedure of balancing multiple (conflicting) objectives. Objectives and impacts should be quantified as much as possible, for example by making use of the method of external cost calculation laid down in 'the Handbook on estimation of external costs in the transport Sector'. The results of the study are used by the European Commission as an input for evaluating and improving the EU State aid framework.

  12. Integrating resource efficiency and EU State aid. An evaluation of resource efficiency considerations in the current EU State aid framework

    Energy Technology Data Exchange (ETDEWEB)

    Bennink, D.; Faber, J.; Smit, M. [CE Delft, Delft (Netherlands); Goba, V. [SIA Estonian, Latvian and Lithuanian Environment ELLE, Tallinn (Estonia); Miller, K.; Williams, E. [AEA Technology plc, London (United Kingdom)

    2012-10-15

    This study, for the European Commission, analyses the issues that need to be addressed in the revision of the EU State aid framework to ensure that they do not hinder environmental, resource efficiency and sustainable development goals. In some cases, State aid can be considered an environmentally harmful subsidy (EHS). The study analyses (1) the extent to which the Environmental Aid Guidelines (EAG) need to be changed to take into account recent European environmental policy developments; (2) existing and potential resource efficiency considerations in a) the Regional Aid Guidelines; b) the Research, Development and Innovation (RDI) Guidelines and c) the Agriculture and Forestry Guidelines; assesses cases and schemes using these guidelines to identify whether resource efficiency considerations are taken into account. The study also considers the social, environmental and economic impacts of these cases and schemes. It develops recommendations for the review of the EAG and a number of horizontal guidelines. One of the conclusions of the analysis is that the way in which multiple objectives and impacts are balanced, when deciding to approve state aid, is unclear. Also, EU member states are not required to provide information on certain types of (estimated) impacts. To guarantee that multiple objectives and impacts are sufficiently balanced, it is recommended that the State aid framework prescribes that applicants identify social, economic and environmental objectives and impacts and describe how these are taken into account in the procedure of balancing multiple (conflicting) objectives. Objectives and impacts should be quantified as much as possible, for example by making use of the method of external cost calculation laid down in 'the Handbook on estimation of external costs in the transport Sector'. The results of the study are used by the European Commission as an input for evaluating and improving the EU State aid framework.

  13. 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

  14. Legal Elements For Nuclear Security: Egyptian Nuclear Law As A Case Study

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

    This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.

  15. 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.

  16. Legal regime of communal waste disposal

    OpenAIRE

    Záruba, Lukáš

    2009-01-01

    Legal regulation of Municipal Waste Management The purpose of my thesis is to analyse the national legislative frameworks on municipal waste management. The reason for my research is based on the fact that waste volumes are growing, driven by changing production and consumption patterns. As confirmed in the Sixth Environment Action Programme, waste management is one of the key priorities of EU environmental policy and the framework in this area has been progressively put in place since 1970s....

  17. A reformed global legal architecture for corporate responsibility

    OpenAIRE

    Turner, Stephen J.

    2014-01-01

    This paper considers key features within the legal architecture of all jurisdictions that utilise the ‘corporation’ as a primary medium for business enterprise. Therefore it highlights the legal frameworks under which ‘corporations’ operate and the pressure that this places upon corporate directors to achieve specific financial outcomes. It then illustrates how this legal architecture can have certain negative effects for other stakeholders such as the environment and communities. The pape...

  18. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

    The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

  19. Current medical research funding and frameworks are insufficient to address the health risks of global environmental change.

    Science.gov (United States)

    Ebi, Kristie L; Semenza, Jan C; Rocklöv, Joacim

    2016-11-11

    Three major international agreements signed in 2015 are key milestones for transitioning to more sustainable and resilient societies: the UN 2030 Agenda for Sustainable Development; the Sendai Framework for Disaster Risk Reduction; and the Paris Agreement under the United Nations Framework Convention on Climate Change. Together, these agreements underscore the critical importance of understanding and managing the health risks of global changes, to ensure continued population health improvements in the face of significant social and environmental change over this century. BODY: Funding priorities of major health institutions and organizations in the U.S. and Europe do not match research investments with needs to inform implementation of these international agreements. In the U.S., the National Institutes of Health commit 0.025 % of their annual research budget to climate change and health. The European Union Seventh Framework Programme committed 0.08 % of the total budget to climate change and health; the amount committed under Horizon 2020 was 0.04 % of the budget. Two issues apparently contributing to this mismatch are viewing climate change primarily as an environmental problem, and therefore the responsibility of other research streams; and narrowly framing research into managing the health risks of climate variability and change from the perspective of medicine and traditional public health. This reductionist, top-down perspective focuses on proximate, individual level risk factors. While highly successful in reducing disease burdens, this framing is insufficient to protect health and well-being over a century that will be characterized by profound social and environmental changes. International commitments in 2015 underscored the significant challenges societies will face this century from climate change and other global changes. However, the low priority placed on understanding and managing the associated health risks by national and international research

  20. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  1. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  2. Legal questions of indemnification after revocation of nuclear operating licenses

    International Nuclear Information System (INIS)

    Schoch, F.

    1990-01-01

    The contribution presents the 'Model of possessory rights in nuclear law' and deals with the legal framework and the system of legal and economic protection of possession. The chapter 'Questions of indemnification' portrays the liability to compensate and the exemption from compensation. (RST) [de

  3. LEGAL REGULATIONS REGARDING UNFAIR TERMSIN BANK LOAN CONTRACTS

    Directory of Open Access Journals (Sweden)

    Mariana Rodica ȚÎRLEA

    2014-11-01

    The purpose of this study to identify the legal framework governing unfair terms in the sequence of their appearance at a national and European Union’s level and the implementation and harmonization with the general conditions governing consumer credit.

  4. Ethics and legality in the Romanian political marketing

    Directory of Open Access Journals (Sweden)

    Poţincu, C. R.

    2010-11-01

    Full Text Available In a democratic system, the legal framework is a guarantee of the favourable development of several activities, including those regarding the implementation of the promotional techniques used in the political marketing.

  5. 57 | Page A CROSS NATIONAL SURVEY OF THE LEGAL ...

    African Journals Online (AJOL)

    Fr. Ikenga

    Key words: Casual Work Arrangement, Labour, Protection, Legal Framework ..... the Act empowers the minster to make appropriate regulations applying to labour ..... disabilities, employment of young persons, employment of women, fair and.

  6. Energy efficiency in India: Achievements, challenges and legality

    International Nuclear Information System (INIS)

    Sahoo, Sarat Kumar; Varma, Payal; Lall, Krishna Prabhakar; Talwar, Chanpreet Kaur

    2016-01-01

    This paper explores the main legal Center enforced Commissions and Acts that are aimed at improving the current energy deficit in the country, with a specific emphasis on the need for research and a shift in the power market towards more sustainable technology. The paper first examines the main aims of the governmental 5 year plans in the past ten years, and then evaluates the merits and short comings of the existing technical framework that governs the Electrical Grid and Generation systems in the country. The paper also proposes inherent improvements, with ground scale methods in developing a sound and competitive system for power distribution through consumer and employee involvement as well as changes in the investment arena that can substantially alter the market compatibility of renewably generated energy. The paper indicates several key steps that the Center and State Governments have taken in order to revolutionise the feasibility of the electrical systems in the country. Finally, the paper appraises and assesses the main amendments in the Electrical Industry Legal literature and enforcement mechanisms that can effectuate rapid and systemic changes across the Indian context. - Highlights: • Discuss Opportunities and Challenges of Energy Efficiency in India's power sector. • Explores the legal Center enforced Commissions and Acts on the power market. • Governmental 5 years plan for the Electrical Grid and Generation systems. • Center and State Governments steps taken to revolutionize the electrical systems. • Appraises and assesses the main amendments in the Electrical Industry.

  7. 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.

  8. Legal constraints on EU Member States as primary law makers : a case study of the proposed permanent safeguard clause on free movement of persons in the EU negotiating framework for Turkey's accession

    NARCIS (Netherlands)

    Tezcan, Narin

    2015-01-01

    Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law making function in this context? That is the central question this thesis addresses. It argues that such constraints do exist, and tries to identify them, thereby hoping to

  9. Legal and administrative measures to support police enforcement of traffic rules. The "Escape" Project, Deliverable 5. Project funded by the European Commission under the Transport RTD Programme of the 4th Framework Programme.

    NARCIS (Netherlands)

    Goldenbeld, C. Heidstra, J. Christ, R. Mäkinen, T. & Hakkert, A.S.

    2005-01-01

    This report addresses the question of how legal and administrative systems may support the operation or effectiveness of the total system of traffic law enforcement. In this first chapter we present road safety and traffic enforcement as the efforts of several interlinked organisations and

  10. Current status and results of the PBMR -Pebble Box- benchmark within the framework of the IAEA CRP5 - 341

    International Nuclear Information System (INIS)

    Reitsma, F.; Tyobeka, B.

    2010-01-01

    The verification and validation of computer codes used in the analysis of high temperature gas cooled pebble bed reactor systems has not been an easy goal to achieve. A limited amount of tests and operating reactor measurements are available. Code-to-code comparisons for realistic pebble bed reactor designs often exhibit differences that are difficult to explain and are often blamed on the complexity of the core models or the variety of analysis methods and cross section data sets employed. For this reason, within the framework of the IAEA CRP5, the 'Pebble Box' benchmark was formulated as a simple way to compare various treatments of neutronics phenomena. The problem is comprised of six test cases which were designed to investigate the treatments and effects of leakage and heterogeneity. This paper presents the preliminary results of the benchmark exercise as received during the CRP and suggests possible future steps towards the resolution of discrepancies between the results. Although few participants took part in the benchmarking exercise, the results presented here show that there is still a need for further evaluation and in-depth understanding in order to build the confidence that all the different methods, codes and cross-section data sets have the capability to handle the various neutronics effects for such systems. (authors)

  11. Risk Factors for Falls in Older Adults with Lower Extremity Arthritis: A Conceptual Framework of Current Knowledge and Future Directions

    Science.gov (United States)

    Gyurcsik, Nancy C.

    2012-01-01

    ABSTRACT Purpose: As the numbers of Canadians aged 65 years and over increases over the next 20 years, the prevalence of chronic conditions, including arthritis, will rise as will the number of falls. Although known fall-risk factors are associated with hip and knee osteoarthritis (OA), minimal research has evaluated fall and fracture risk and/or rates in this population. Thus, the purpose was to summarize research on fall and fracture risk in older adults with hip or knee OA and to develop a conceptual framework of fall-risk screening and assessment. Method: The International Classification of Functioning, Disability and Health, clinical practice guidelines for fall-risk screening, and a selected literature review were used. Results: Gaps exist in our knowledge of fall and fracture risk for this population. Muscle performance, balance, and mobility impairments have been identified, but little is known about whether personal and environmental contextual factors impact fall and fracture risk. Physical activity may help to prevent falls, but non-adherence is a problem. Conclusion: A need exists to assess fall risk in older adults with hip and knee OA. Promoting regular physical activity by focusing on disease- and activity-specific personal contextual factors may help direct treatment planning. PMID:23729967

  12. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  13. The right of public access to legal information : A proposal for its universal recognition as a human right

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2017-01-01

    Abstract: This Article examines the desirability of the universal recognition of the right of public access to legal information as a human right and therefore as part of a legal framework for improving national and global access to legal information. It discusses the right of public access to legal

  14. [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.

  15. Regulatory control, legislation and framework

    International Nuclear Information System (INIS)

    Parthasarathy, K.S.

    1998-01-01

    The legislation and regulations, a regulatory authority to authorise and inspect the regulated activities and to enforce the legislation and regulations, sufficient financial and man-power resources are the essential parts of a national infrastructure to implement the Basic Safety Standards. The legal framework consists of legislation (Act passed by Parliament) and the regulations (framed by the government and endorsed by the Parliament). This paper is primarily deals with the the legal framework set up in India for atomic energy activities

  16. Review: the legal duty of care for nurses and other health professionals.

    Science.gov (United States)

    Young, Andy

    2009-11-01

    To explore the nature and extent of the legal duty of care in relation to contemporary healthcare practice. The paper seeks to re-frame and update the legal duty of care for clinical nursing practice in the 21st century, taking into account collaborative and partnership working in healthcare practice. Doctrinal legal 'approach'. 'Black letter' legal research methodology used for data collection and analysis. Literature search using Westlaw and LexisNexis database(s) to identify recent common law decisions. There has been a perceptible doctrinal shift away from paternalism and toward patient empowerment and autonomy in the last decade. This has implications for nurses and other healthcare professionals in terms of consenting patients and acting reasonably to ensure quality patient care. A number of experienced nurses are currently assuming extended roles and some are completing medical tasks, traditionally allocated to doctors. These specialist practitioners must remember that additional responsibility invariably means increased professional risk and accountability. Therefore, it is essential that those engaging in advanced nursing practice, fully understand the nature and reach of their professional duty of care and the significance of statutory and common law developments. Nurses and other healthcare professionals must update their clinical skills and practice within a legal framework and to certain standards. The cases cited and discussed are relevant to all branches of nursing and indeed to all health professions.

  17. Legal Impediments in the EU to New Technologies in the Example of E-Residency

    Directory of Open Access Journals (Sweden)

    Tanel Kerikmäe

    2015-12-01

    Full Text Available Estonia has created of itself the image of an e-state that is being supported with novel ICT-solutions, the perhaps most renowned of which is e-residency. However, created as a governmental start-up in the national best interest, e-residency could be of marginal relevance in light of global digital identity management. Purely national digital identity or an e-residency grants its holder several rights unknown to, or at least unapplied in a majority of the EU Member States and in the world more generally. But currently it lies on a vacillating legal pedestal which has resulted in copious administrative issues and proposed legal amendments already during its first year of implementation. Concerns, such as the administrative capacity of Estonia to handle potentially 10 million customers of national e-services, arise due to contingent legal footing. On this basis, efficiency of e-residency is critically analysed from the perspective of an autoschediastic regulatory framework presuming high-level administrative competence yet leaving the scope and limits of the functions of the public authorities legally unfurnished and isolated from the EU legal space.

  18. Cannabis use and support for cannabis legalization

    OpenAIRE

    Palali, A. (Ali); Ours, Jan

    2016-01-01

    textabstractWe investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of cannabis. While the self-interest effect is not very surprising, the effect of inside information suggests that cannabis use is not as harmful as cannabis users originally thought it was be...

  19. Relationship Marketing in Legal Services Marketing Strategy

    OpenAIRE

    Audronė Androšiūnaitė; Borisas Melnikas

    2013-01-01

    The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current c...

  20. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

    Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they

  1. The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

    Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

  2. 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)

  3. Regulatory framework in assisted reproductive technologies, relevance and main issues.

    OpenAIRE

    Françoise Merlet

    2010-01-01

    Assisted reproductive technologies (ART) have changed life for the past 25 years and many ethical and social issues have emerged following this new method of conception. In order to protect individuals against scientific and ethical abuses without inhibiting scientific progress, a specific legal framework is necessary. The first French law on Bioethics was voted after an extensive debate in 1994 then reviewed in 2004. This review previously scheduled every five years is currently being discus...

  4. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  5. The Flood, the Channels and the Dykes: Managing Legal Information in a Globalized and Digital World

    NARCIS (Netherlands)

    Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

    2008-01-01

    Information search and retrieval are part of daily routines of the legal profession. Lawyers, judges, prosecutors, and legal clerks usually access a number of electronic resources to browse, search, select, or update legal contents. Legal databases have currently become large digital libraries where

  6. Introduction and framing of electricity capacity markets. Legal requirements and boundaries; Einfuehrung und Ausgestaltung von Strom-Kapazitaetsmaerkten. Rechtliche Anforderungen und Grenzen

    Energy Technology Data Exchange (ETDEWEB)

    Daeuper, Olaf; Grundmann, Malte [Becker Buettner Held, Berlin (Germany)

    2012-12-15

    A lively discussion is currently being waged as to whether the electricity markets in their existing design can sustain our future security of supply and how this might be accomplished with future market designs using what are referred to as capacity mechanisms. However, the discussion is largely being conducted from the viewpoint of energy economy, in negligence of the legal constraints and requirements that must form the basis for any promotion mechanism in favour of existing or new installations. A wealth of legal regulations exists which must be taken into account here, ranging from primary European law down to the relevant national laws. Which model ultimately prevails will depend not so much on legal arguments as it will on ones phrased in terms of energy economy. When this has been achieved however, if not earlier, the importance of a legal framework for the market will become apparent.

  7. Gender Dimensions Framework Application

    OpenAIRE

    Rubin, D.

    2011-01-01

    This is a presentation of the The Gender Dimensions Framework (GDF). The GDF was developed to provide guidance to USAID staff and partner organizations for working with USAID projects looking at promoting equitable opportunities in agricultural value chains. The GDF contemplates four dimensions: access to and control over key productive assets (tangible and intangible); beliefs and perceptions; practices and participation, and legal frameworks. CCRA-7 (Gendered Knowledge)

  8. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.

  9. Legal problems brought about by technological progress

    International Nuclear Information System (INIS)

    1986-01-01

    In almost all sectors of public or private life, advances in the natural sciences and the progress of technology provoke changes that have to be managed by society. Our legal system is far from being left untouched by such changes, and frequently has to cope with new and complex legal problems in all fields of law. The book in hand collects eleven lectures presented within the framework of the Studium Generale at Heidelberg University, dealing with significant developments and their effects on the law, as e.g.: Risk acceptance in the wake of new technologies, in vitro fertilisation, early diagnosis of embryonic malformation, protection of animals in the context of medical research, information technologies and data protection, accidents in space and liability problems, transfrontier air pollution, protection of the environment. The legal aspects and the social aspects are discussed in detail by the lectures. Three of the contributions have been separately analysed for the database. (orig./HSCH) [de

  10. 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....

  11. AN ANALYTICAL ANALYSIS OF THE CURRENT ACCOUNT BALANCE IN THE FRAMEWORK OF OPTIMAL EXTERNAL BORROWING: APPLICATION TO TURKEY FOR THE POST 1995 PERIOD

    Directory of Open Access Journals (Sweden)

    A.NİYAZİ ÖZKER

    2013-06-01

    Full Text Available After placing the general analytic framework associated with widely used quantitative macro indicators, this paper aims to analyse the fluctuating variables which can be influenced by the current accounts balance in the optimum external borrowing. The capacity of a country to service external debt depends on the growth of output and of exports and imports. Exports, minimum tolerable level of imports and foreign exchange rates (or reserves provide a useful framework for the examination of optimum external borrowing. So, the most widely used quantitative indicator here is the optimum external debt ratios, which is the ratios of debt service to the level of exports of goods and services. As a suggested, indicator of the optimum external debt burden in the medium-term or in the long run, the ratio of external debt to GNP (Gross National Product or of debt service to GNP may be superior to the ratio of debt service to exports because over time sizeable changes in the level of exports and imports in GNP can occur.

  12. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  13. Tax evasion between fraud and legality

    Directory of Open Access Journals (Sweden)

    Opreţ Laura-Anca

    2017-12-01

    Full Text Available This paper focuses on detailing the general coordinates regarding tax evasion and the necessity of creating a common unitary European legal framework. Accounting information might mirror erroneously in a certain measure the micro to macroeconomic tendency of fraud by showing a gross image of available resources. It is of the utmost importance to become fully aware of causes for illicit practices, ways to fight any fraud attempts and to evaluate the accounting mechanism that both creates and identifies tax evasion.

  14. ANTI-DISCRIMINATION LAW AND COURT PRACTICE IN CROATIA-INDIVIDUAL AND ASSOCIATIONAL ANTI-DISCRIMINATION CLAIM AS (IN)EFFICIENT MECHANISMS FOR LEGAL PROTECTION

    OpenAIRE

    Paula Poretti

    2015-01-01

    In the paper basic legal sources of European and Croatian anti-discrimination law are presented. Special attention is given to Anti-discrimination Act from 2009 which was enacted with the aim to provide anti-discrimination legal framework as a guarantee of a high level of legal protection from different forms of discrimination in Croatian legal system. Individual and associational anti—discrimination claim as legal mechanisms for efficient legal protection are questioned. Also, along with the...

  15. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

  16. 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.

  17. The Occurrence of Paraffin and Other Petroleum Waxes in the Marine Environment: A Review of the Current Legislative Framework and Shipping Operational Practices

    Directory of Open Access Journals (Sweden)

    Giuseppe Suaria

    2018-03-01

    Full Text Available Among the various materials that make up marine debris, lumps of petroleum waxes such as paraffin and microcrystalline wax, are regularly found on beaches worldwide, although not included in the current definition of marine litter. Ingestion by marine organisms is occasionally documented in the scientific literature and mass beaching events are frequently reported along the European coasts, with obvious detrimental consequences to the local communities that have to manage the clean-up and disposal of this substance. According to Annex II of the MARPOL regulation, petroleum waxes are classified as “high viscosity, solidifying, and persistent floating products,” whose discharge at sea of tank-washing residues is strictly regulated, but currently permitted within certain limits. Starting from the description of a large stranding event occurred along the Italian coasts in 2017, we review the existing knowledge and regulatory framework and urge the relevant authorities to address this issue, showing that wax pollution is creating evident damages to the European coastal municipalities. Pending further investigations on the potential hazard that this kind of pollution is posing to marine ecosystems, we suggest a careful and more stringent revision of the policies regulating discharges of these products at sea.

  18. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  19. Scientific-practical and legal problems of implementation of the personalized medicine.

    Science.gov (United States)

    Bezdieniezhnykh, N O; Reznikova, V V; Rossylna, O V

    2017-09-01

    The article is devoted to the comprehensive analysis of scientific, practical and legal issues of personalized medicine that is a rapidly developing science-driven approach to healthcare. It is concluded that there is lack of general legal framework for the encouragement of scientific researches and practical implementation in this field. The article shows foreign experience and prospects for the introduction of personalized medicine as a key concept of healthcare system, which is based on a selection of diagnostic, therapeutic and preventive measures that would be the most effective for a particular person in view of individual characteristics. The conclusions and proposals to improve the current legislation and development of personalized medicine in Ukraine are suggested.

  20. Failure to adapt infrastructure: is legal liability lurking for infrastructure stakeholders

    International Nuclear Information System (INIS)

    Gherbaz, S.

    2009-01-01

    'Full text:' Very little attention has been paid to potential legal liability for failing to adapt infrastructure to climate change-related risk. Amendments to laws, building codes and standards to take into account the potential impact of climate change on infrastructure assets are still at least some time away. Notwithstanding that amendments are still some time away, there is a real risk to infrastructure stakeholders for failing to adapt. The legal framework in Canada currently permits a court, in the right circumstances, to find certain infrastructure stakeholders legally liable for personal injury and property damage suffered by third parties as a result of climate change effects. This presentation will focus on legal liability of owners (governmental and private sector), engineers, architects and contractors for failing to adapt infrastructure assets to climate change risk. It will answer commonly asked questions such as: Can I avoid liability by complying with existing laws, codes and standards? Do engineers and architects have a duty to warn owners that existing laws, codes and standards do not, in certain circumstances, adequately take into account the impact of climate change-related risks on an infrastructure asset? And do professional liability insurance policies commonly maintained by architects, engineers and other design professionals provide coverage for a design professional's failure to take into account climate change-related risks?. (author)

  1. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

  2. 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.

  3. 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)

  4. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

    I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. Consequently, defeasibility is needed in practical reasoning, and in particular in legal reasoning

  5. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy

  6. Legal and Economic Aspects of the Macedonian Model of Franchising

    OpenAIRE

    Sotiroski, Ljupco; Filiposki, Oliver

    2016-01-01

    Franchising is done by global regulatory framework and has an impact to the national legal sources. This article aims to emphasize the importance and functionality of the legal and economic aspects of the Macedonian franchising module and practice. In respect of Macedonian case, the franchising mechanism is getting direct consequences of the national trade in the small and still developing Macedonian economy. The envisaged paper explores various options for national regulation in light of exi...

  7. Consumer-related Legal Aspects of the Infromation Society

    DEFF Research Database (Denmark)

    Falch, Morten; Henten, Anders; Skouby, Knud Erik

    1998-01-01

    The general legal framework covering economic transactions has been created long before the creation of electronic commerce. Therefore most regulation more or less explicitly assumes that goods have a physical appearance and that all contractual issues are settled either orally or by use of paper...... into this new situation. This creates a number of legal and regulatory problems, which - if not resolved - may restrict further growth of electronic commerce. This paper deals with the consumer related aspects of this regulatory challenge....

  8. A Collaborative Evaluation Framework for Biometric Connected Devices in Healthcare.

    Science.gov (United States)

    Farnia, Troskah; Jaulent, Marie Christine; Marchand, Guillaume; Yasini, Mobin

    2017-01-01

    A large number of biometric connected devices are currently available with a variety of designs. Healthcare users cannot easily choose the reliable ones that correspond the best to their healthcare problems. The existing evaluation methods do not consider at the same time aspects of connectivity and healthcare usage. In this study, a collaborative evaluation framework for biometric connected devices in healthcare usage is proposed. This framework contains six dimensions: medical validity, technical reliability, usability, ergonomy, legal compliance, and accuracy of measurements. In a first step, these dimensions were assessed by designing a self administered questionnaire answered by the stakeholders (patients, health professionals, payers, and manufacturers). A case study was then carried out in a second step to test this framework in a project of telemonitoring for heart failure patients. The results are in favor of the efficiency of the proposed framework as a decision making tool in healthcare usage.

  9. Not bound by the law: legal disobedience in Israeli society.

    Science.gov (United States)

    Rattner, A; Yagil, D; Pedahzur, A

    2001-01-01

    The issue of whether there is a 'prima facie obligation to obey the law' has intrigued human society since the days of Socrates. However, most of the writings in this field have dealt with theoretical aspects of the issue, such as the boundaries of legal obedience and frameworks defining the circumstances under which a citizen is not obliged to obey the law. Very few studies have investigated the phenomenon of legal disobedience empirically. The current study is based on a survey of Israeli citizens belonging to three sectors of the population (Jews in the general population, Israeli Arabs, and orthodox Jewish students enrolled in religious yeshiva seminaries). Respondents' attitudes towards the judicial system, the rule of law, and the duty to obey state laws were examined by means of a questionnaire especially designed for the study. The findings point to gaps between the three groups: Compared to the Arab population and the yeshiva students, support for state laws and the rule of law was stronger among Jews in the general population and, conversely, belief in the supremacy of other laws (i.e. religious laws) over state laws and readiness to take the law into one's own hands were stronger among the Arabs and the yeshiva students, compared to the general Jewish population. Copyright 2001 John Wiley & Sons, Ltd.

  10. THE LEGAL INDEBTEDNESS CAPACITY OF ROMANIAN LOCAL GOVERNMENTS - THEORETICAL AND EMPIRICAL EVIDENCES

    Directory of Open Access Journals (Sweden)

    Bilan Irina

    2011-12-01

    Full Text Available The factual, not only formal capacity of local governments to appeal to borrowed resources is, considering the current conditions, a prerequisite for ensuring economic and social development of local communities. In this paper we intend to position the main theoretical and empirical evidences on local governments indebtedness capacity, mainly focusing on its sizing according to Romanian regulatory framework. With respect to previous research, the issue approached is one of great interest as it has not been, in the Romanian literature on local public finances, subject to a separate analysis of proportions. The undertaken analysis comprises a quantitative dimension, based on processed data from the consolidated general budget of Romanian local governments for 2007-2009, in permanent conjunction with monitoring and analysis of the involved qualitative aspects. To ensure the relevance of the research results, the analysis undertaken refers to the legal framework in function throughout the considered period of time, without involving the legislative changes operated in mid-2010. The main conclusions drawn from our analysis indicate that, considering the current Romanian socio-economic environment, under the impact of specific factors of different nature, the legal indebtedness capacity is far from being well valued, thus bringing its benefits to local communities development. This conclusion is valid from a global perspective as well as for different types of local communities. This appears to be inconsistent with the permanently claimed need to fund important local public investments, mainly in infrastructure, indicating, despite the high legal indebtedness capacity, the lack of factual access to borrowed resources. We suggest, therefore, to introduce the concept of effective indebtedness capacity, the result of a particularized correlation for different local governments between legal indebtedness capacity and the manifestation of several factors

  11. [End-of-life decisions in cases of vegetative state from the legal point of view].

    Science.gov (United States)

    Duttge, G

    2011-10-01

    The perspective of having to "vegetate" in a so-called persistent vegetative state over an indefinite period of time is regarded as unacceptable by many people. How to operationalise and enforce the patients "right of self-determination" in such cases is a subject of current medical and ethical debate. In addition, there is great uncertainty about how far and how long further treatment or supply is still indicated in such cases. The article discusses the legal framework and illustrates existing uncertainties and points out those aspects that demand clarification. © Georg Thieme Verlag KG Stuttgart · New York.

  12. Security, development and human rights: normative, legal and policy challenges for the international drug control system.

    Science.gov (United States)

    Barrett, Damon

    2010-03-01

    This commentary addresses some of the challenges posed by the broader normative, legal and policy framework of the United Nations for the international drug control system. The 'purposes and principles' of the United Nations are presented and set against the threat based rhetoric of the drug control system and the negative consequences of that system. Some of the challenges posed by human rights law and norms to the international drug control system are also described, and the need for an impact assessment of the current system alongside alternative policy options is highlighted as a necessary consequence of these analyses. Copyright (c) 2010 Elsevier B.V. All rights reserved.

  13. [Information technology in medicine - some legal observations].

    Science.gov (United States)

    Siegal, Gil

    2013-05-01

    Information Technology (IT) and computing capabilities are revolutionizing the practice of medicine in an unprecedented way. Some current legal and ethical concerns evolving from this revolution are addressed, pointing to the emerging concepts in Israeli jurisprudence, which regards medical IT as an important contribution to patient empowerment, to medical risk management and in managing the resources of a national health system.

  14. Cannabis Use and Support for Cannabis Legalization

    NARCIS (Netherlands)

    Palali, A.; van Ours, J.C.

    2014-01-01

    We investigate the determinants of the support for cannabis legalizationfinding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this to self-interest and inside information about potential dangers of cannabis use.

  15. Legal aspects of cross-border teleradiology

    International Nuclear Information System (INIS)

    Pattynama, Peter M.T.

    2010-01-01

    The growth of cross-border teleradiology has created legal challenges that are insufficiently addressed by nation health laws. New legislation is currently under development at the European level. This article will look at the details of the existing and proposed legislation and the still unsettled issues and will discuss the implications for international teleradiology.

  16. 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?

  17. Energy transition and legal transition: renewable energies development in France

    International Nuclear Information System (INIS)

    Darson, Alice

    2015-01-01

    The way to an energy transition will be reached with an integration of renewable energies in our energy mix. This development includes a legal transition because the current legal context that applies to green energies is not efficient and does not contribute to this emergency. Changing the legal frame becomes a necessity and particularly the way these energies are governed, planned and supported. It's also important that administrative procedures that regulate the implantation of energies production system are set. At last, this legal transition will have to conciliate imperatives linked to the development of renewable energies with those governing the protection of surroundings, all aiming to a sustainable development. (author) [fr

  18. Cancer drug development and the evolving regulatory framework for companion diagnostics in the European union.

    Science.gov (United States)

    Pignatti, Francesco; Ehmann, Falk; Hemmings, Robert; Jonsson, Bertil; Nuebling, Micha; Papaluca-Amati, Marisa; Posch, Martin; Rasi, Guido

    2014-03-15

    The European Union (EU) legal framework for medical device regulation is currently under revision. The European Commission has proposed a new framework to ensure that medical devices serve the needs and ensure the safety of European citizens, aiming for a framework that is fit for purpose, more transparent, and better adapted to scientific and technological progress. The proposed new framework is described as an evolution of the current regime keeping the same legal approach. An important proposed change is that companion diagnostics will no longer be considered as low risk and subject to self-certification by the manufacturer. According to the new proposal, companion diagnostics will be classified as high individual risk or moderate public health risk (category C) and require conformity assessment by a notified body. It has also been proposed that evidence of the clinical utility of the device for the intended purpose should be required for companion diagnostics. In this article, we review the EU legal framework relevant for companion diagnostics, describe the proposed changes, and summarize the available scientific guidance from the European Medicines Agency and its regulatory experience with cancer drug development including companion diagnostics. See all articles in this CCR Focus section, "The Precision Medicine Conundrum: Approaches to Companion Diagnostic Co-development." ©2014 AACR.

  19. RTI Confusion in the Case Law and the Legal Commentary

    Science.gov (United States)

    Zirkel, Perry A.

    2011-01-01

    This article expresses the position that the current legal commentary and cases do not sufficiently differentiate response to intervention (RTI) from the various forms of general education interventions that preceded it, thus compounding confusion in professional practice as to legally defensible procedures for identifying children as having a…

  20. Legal issues in cash balance pension plan conversions.

    Science.gov (United States)

    Forman, J B

    2001-01-01

    Replacing a traditional pension with a cash balance plan raises a number of complicated and unsettled legal issues, including the protection of accrued benefits, the rate of benefit accrual, age discrimination and notice requirements. This article discusses those issues and concludes that routine conversions to cash balance plans appear to be legal both currently and into the foreseeable future.

  1. What incentives to climate change mitigation through harvested wood products in the current french policy framework? (Summary). Climate Report no. 47

    International Nuclear Information System (INIS)

    Deheza, Mariana; N'Goran, Carmen; Bellassen, Valentin

    2014-09-01

    Beyond the important role that forests play in the fight against climate change through the sequestration of carbon in their biomass, wood products also contribute to climate change through three channels: - Material substitution: the manufacturing of wood products being less energy intensive allows to avoid carbon emissions from the processing of other alternative materials (eg. concrete, steel, etc); - Energy substitution: achieved by the generation of energy from wood combustion replacing other fossil fuels. - Carbon sequestration in the wood products: wood products sequester carbon during their whole life span until their decomposition. This Climate Report identifies French policies that have an impact on climate change mitigation by wood products through these three mitigation channels. Our analysis asserts that similarly to the context at the EU level, the current national policy framework incentives are mostly directed to the 'energy wood' sector. These incentives include fiscal and financial instruments such as: - The heat fund ('fonds chaleur'), which subsidizes the production of renewable heat particularly from biomass; - The zero interest rate eco-loans ('eco-pret a taux zero') and the Sustainable development tax credit ('credit d'impot developpement durable (CIDD)') which partly subsidize wood heating; - Reduced VAT on renewable heat purchases. The use of wood as a material is currently less encouraged, at least on the financial side: the few devices that support it are rarely binding and mobilize limited resources. Future measures planned under the National Action Plan for the forest-based sector and the upcoming law for the future of agriculture and forestry ('Loi d'avenir pour l'agriculture et la foret') could slightly re-balance this situation. (authors)

  2. Current concepts on integrative safety assessment of active substances of botanical, mineral or chemical origin in homeopathic medicinal products within the European regulatory framework.

    Science.gov (United States)

    Buchholzer, Marie-Luise; Werner, Christine; Knoess, Werner

    2014-03-01

    For active substances of botanical, mineral or chemical origin processed in homeopathic medicinal products for human use, the adequate safety principles as with other human medicinal products are applied in line with the European regulatory framework. In homeopathy, nonclinical safety assessment is facing a particular challenge because of a multitude and diversity of source materials used and due to rarely available toxicological data. Thus, current concepts applied by the national regulatory authority in Germany (BfArM) on integrative safety assessment of raw materials used in homeopathic medicinal products involve several evaluation approaches like the use of the Lowest Human Recommended Dose (LHRD), toxicological limit values, Threshold of Toxicological Concern (TTC), data from food regulation or the consideration of unavoidable environmental or dietary background exposure. This publication is intended to further develop and clarify the practical use of these assessment routes by exemplary application on selected homeopathic preparations. In conclusion, the different approaches are considered a very useful scientific and simultaneously pragmatic procedure in differentiated risk assessment of homeopathic medicinal products. Overall, this paper aims to increase the visibility of the safety issues in homeopathy and to stimulate scientific discussion of worldwide existing regulatory concepts on homeopathic medicinal products. Copyright © 2014 Elsevier Inc. All rights reserved.

  3. Relationship Marketing in Legal Services Marketing Strategy

    Directory of Open Access Journals (Sweden)

    Audronė Androšiūnaitė

    2013-04-01

    Full Text Available The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current clients and competitors, also – singularity of the professional services.Article in Lithuanian

  4. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  5. The legal system of nuclear waste disposal

    International Nuclear Information System (INIS)

    Dauk, W.

    1983-01-01

    This doctoral thesis presents solutions to some of the legal problems encountered in the interpretation of the various laws and regulations governing nuclear waste disposal, and reveals the legal system supporting the variety of individual regulations. Proposals are made relating to modifications of problematic or not well defined provisions, in order to contribute to improved juridical security, or inambiguity in terms of law. The author also discusses the question of the constitutionality of the laws for nuclear waste disposal. Apart from the responsibility of private enterprise to contribute to safe treatment or recycling, within the framework of the integrated waste management concept, and apart from the Government's responsibility for interim or final storage of radioactive waste, there is a third possibility included in the legal system for waste management, namely voluntary measures taken by private enterprise for radioactive waste disposal. The licence to be applied for in accordance with section 3, sub-section (1) of the Radiation Protection Ordinance is interpreted to pertain to all measures of radioactive waste disposal, thus including final storage of radioactive waste by private companies. Although the terminology and systematic concept of nuclear waste disposal are difficult to understand, there is a functionable system of legal provisions contained therein. This system fits into the overall concept of laws governing technical safety and safety engineering. (orig./HSCH) [de

  6. 78 FR 64249 - Notice of Intent To Award-Grant Awards for the Provision of Civil Legal Services to Eligible Low...

    Science.gov (United States)

    2013-10-28

    ... reflect the most current information available, i.e., 100% implementation of ACS 2009- 2011 poverty... Jersey Legal Services, NJ-16 1,149,705 Inc.. New Mexico DNA-Peoples Legal Services, NM-1 174,328 Inc.. DNA-Peoples Legal Services, NNM-2 20,981 Inc.. New Mexico Legal Aid MNM 80,485 New Mexico Legal Aid NM...

  7. 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.

  8. German Legal History: National Traditions and Transnational Perspectives

    Directory of Open Access Journals (Sweden)

    Thomas Duve

    2014-01-01

    Full Text Available In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.

  9. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    , until recently, there was a certain shade of secondary and subordinate legal mentality. Such categorical secondary importance legal mentality has remained and when the term began to be actively used in the science of law. It is proved that the concept of «legal mentality» has a great heuristic potential and should be the focus of current research.

  10. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  11. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  12. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  13. 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.

  14. Economic and Legal Aspects of Electronic Money

    Directory of Open Access Journals (Sweden)

    Otakar Schlossberger

    2016-06-01

    Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

  15. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  16. The legacy of legal culture and Serbia's European integration

    Directory of Open Access Journals (Sweden)

    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

  17. Legal Linguistics as a Mutual Arena for Cooperation: Recent Developments in the Field of Applied Linguistics and Law

    Science.gov (United States)

    Engberg, Jan

    2013-01-01

    This article reports on some of the recent projects and individual works in the field of Legal Linguistics as examples of cooperation between Applied Linguistics and law. The article starts by discussing relevant prototypical concepts of Legal Linguistics. Legal Linguistics scrutinizes interactions between human beings in the framework of legal…

  18. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  19. Structured Frameworks to Increase the Transparency of the Assessment of Benefits and Risks of Medicines : Current Status and Possible Future Directions

    NARCIS (Netherlands)

    Pignatti, F.; Ashby, D.; Brass, E. P.; Eichler, H-G; Frey, P.; Hillege, H. L.; Hori, A.; Levitan, B.; Liberti, L.; Loefstedt, R. E.; McAuslane, N.; Micaleff, A.; Noel, R. A.; Postmus, D.; Renn, O.; Sabourin, B. J.; Salmonson, T.; Walker, S.

    2015-01-01

    Structured frameworks for benefit-risk analysis in drug licensing decisions are being implemented across a number of regulatory agencies worldwide. The aim of these frameworks is to aid the analysis and communication of the benefit-risk assessment throughout the development, evaluation, and

  20. Lithuanian reform on legal capacity: from soviet context towards the modern human rigths standards

    Directory of Open Access Journals (Sweden)

    Dovilė

    2015-12-01

    Full Text Available All human beings are born free and equal in dignity and rights. This is a basic fundamental principal upon which all the international law is based. Consequently people with mental disabilities too, are entitled to the enjoyment of the same human rights, in equal measure, as all other people. New international human rights treaties and documents are adopted in order to strengthen security and realisation of the rights of most vulnerable groups of people. UN Convention on the rights of persons with disabilities (CRPD is one of the newest UN’s legally binding instruments, adopted by UN General Assembley in 2006, with its purpose to “promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”. The Convention bringing about a paradigm shift in attitudes of persons with disabilities as “subjects” of all human rights and basis for their protection. One of the most substantive areas that demonstrates major ‘paradigm shift’ of CRPD is provision of equality before the law to all the persons with disabilities. The right to recognition everywhere as persons before the law puts an end to various practices of the removal of rights of persons depending on their health, disability status. After the ratification of CRPD on 27 May, 2010, currently Lithuania has all legal obligations under CRPD, including the provisions on the equality before the law As in majority of other Eastern European region countries, both full guardianship and partial guardianship (curatorship meant to safeguard the human rights of vulnerable people lacking capacity existed in Lithuania for decades. Recently reform of this legal institute in order to adhere to the international human rights standards and respect the principals of disabled people human rights protection and nondiscrimination. There is no one state up to now with the developed ideal

  1. [Prescribing medication in 2013: legal aspects].

    Science.gov (United States)

    Berland-Benhaïm, C; Bartoli, C; Karsenty, G; Piercecchi-Marti, M-D

    2013-11-01

    To describe the legal framework of medicine prescription in France in 2013. With the assistance of lawyer and forensic pathologist, consultation (legifrance.gouv.fr), analysis, summary of French laws and rules surrounding drugs prescriptions to humans for medical purpose. Free medicine prescription is an essential feature of a doctor's action. To prescribe involve his responsibility at 3 levels: deontological, civilian and penal. Aim of the rules of medicine prescription is to preserve patient's safety and health. Doctors are encouraged to refer to recommendations and peer-reviewed publication every time the prescriptions go out of the case planned by law. Knowledge and respect of medicine prescription legal rules is essential for a good quality practice. Medical societies have a major role to improve medicine use among practitioners. Copyright © 2013. Published by Elsevier Masson SAS.

  2. The economic opportunity of energy efficiency. An overview of the legal and regulatory framework, programs and energy services evaluation in Europe and in Portugal and of the possible implementation of the present proposal on the energy services directive

    Energy Technology Data Exchange (ETDEWEB)

    Vasconcelos, F

    2004-11-01

    The economic development requires a bigger access to energy sources, which amplifies energy demand. In Portugal, the increase energy demand allied to an economic development and scarce endogenous energy sources allows us to conclude that this will be a critical issue in a near future. While effective market forces and good information can accelerate energy efficiency improvements, market failures and barriers can inhibit efficiency gains. In such cases, certain government interventions may be useful in focusing market interest on energy efficiency. These include codes, standards, voluntary agreements, special financing arrangements and clustering small projects into investment portfolios. Although much attention has been given to the potential strategic role of renewable energy, increased end-use efficiency offers comparable if not greater near-term potential. Furthermore, it also generally less expensive per unit of energy saved than is an incremental unit of new energy supply (whether it is renewable or fossil-based). Thus, increased end-use efficiency investment is consistent with sound business practices. The implementation of the IEM and IGM was the way found to reduce efficiency barriers in the supply side but the demand side remained forgotten. However, full economic and environmental efficiency can only be achieved by including the demand-side into the competition and developing an Internal Market for energy services and programmes. The analysis of the energy policy, a strategy and economics of DSM activities is one of the actual subjects in the sector and that interest to all actors at the market. In this report we analyse the evolution and the consumption energy trends in some European countries, establishing when possible the link with Portugal. We also describe 'driving forces' of the energy consumption in the Europe and identify the legal and regulatory frame of this problem. Furthermore, we also identify policies that have improved the

  3. The economic opportunity of energy efficiency. An overview of the legal and regulatory framework, programs and energy services evaluation in Europe and in Portugal and of the possible implementation of the present proposal on the energy services directive

    International Nuclear Information System (INIS)

    Vasconcelos, F.

    2004-11-01

    The economic development requires a bigger access to energy sources, which amplifies energy demand. In Portugal, the increase energy demand allied to an economic development and scarce endogenous energy sources allows us to conclude that this will be a critical issue in a near future. While effective market forces and good information can accelerate energy efficiency improvements, market failures and barriers can inhibit efficiency gains. In such cases, certain government interventions may be useful in focusing market interest on energy efficiency. These include codes, standards, voluntary agreements, special financing arrangements and clustering small projects into investment portfolios. Although much attention has been given to the potential strategic role of renewable energy, increased end-use efficiency offers comparable if not greater near-term potential. Furthermore, it also generally less expensive per unit of energy saved than is an incremental unit of new energy supply (whether it is renewable or fossil-based). Thus, increased end-use efficiency investment is consistent with sound business practices. The implementation of the IEM and IGM was the way found to reduce efficiency barriers in the supply side but the demand side remained forgotten. However, full economic and environmental efficiency can only be achieved by including the demand-side into the competition and developing an Internal Market for energy services and programmes. The analysis of the energy policy, a strategy and economics of DSM activities is one of the actual subjects in the sector and that interest to all actors at the market. In this report we analyse the evolution and the consumption energy trends in some European countries, establishing when possible the link with Portugal. We also describe 'driving forces' of the energy consumption in the Europe and identify the legal and regulatory frame of this problem. Furthermore, we also identify policies that have improved the management of

  4. Legal Status of the Catholic Church as an Economic Entity in EU and Croatian Law

    Directory of Open Access Journals (Sweden)

    Tomislav Sokol

    2018-01-01

    Full Text Available Regulation of the Catholic Church’s legal status in the European Union primarily falls within the competences of the Member States. The Croatian legal framework in this respect consists of various types of legal rules, most important of which is the set of international agreements entered into between the Republic of Croatia and the Holy See. Still, EU competition, state aid and free movement rules affect this legal framework to a significant degree. The aim of this paper is to analyse the applicability of the said EU rules to the activities of the Catholic Church in Croatia, that is to determine whether the Catholic Church can be considered an undertaking conducting an economic activity (and to what degree according to the said legal framework, whether the Croatian national legal framework is aligned with the EU rules, and whether there are points of contention in this area which need to be legally rectified. The second part of this paper analyses the European Union state aid and free movement legal framework, primarily trying to determine whether the Catholic Church is an undertaking carrying out an economic activity as prescribed by EU law. In this analysis, several issues emerge which have not been clearly resolved by the Court of Justice. The following part features an outline of the Croatian national legal framework on the legal status of the Catholic Church, focusing on potential points of contention between the national and the EU law. Finally, certain solutions to the mentioned issues are proposed, on the European and the national level, in accordance with legal certainty as the general principle of (EU law.

  5. Review of the Current State of UAV Regulations

    Directory of Open Access Journals (Sweden)

    Claudia Stöcker

    2017-05-01

    Full Text Available UAVs—unmanned aerial vehicles—facilitate data acquisition at temporal and spatial scales that still remain unachievable for traditional remote sensing platforms. However, current legal frameworks that regulate UAVs present significant barriers to research and development. To highlight the importance, impact, and diversity of UAV regulations, this paper provides an exploratory investigation of UAV regulations on the global scale. For this, the methodological approach consists of a research synthesis of UAV regulations, including a thorough literature review and a comparative analysis of national regulatory frameworks. Similarities and contrasting elements in the various national UAV regulations are explored including their statuses from the perspectives of past, present, and future trends. Since the early 2000s, countries have gradually established national legal frameworks. Although all UAV regulations have one common goal—minimizing the risks to other airspace users and to both people and property on the ground—the results reveal distinct variations in all the compared variables. Furthermore, besides the clear presence of legal frameworks, market forces such as industry design standards and reliable information about UAVs as public goods are expected to shape future developments.

  6. Attitudes Toward Medical Cannabis Legalization Among Serbian Medical Students.

    Science.gov (United States)

    Vujcic, Isidora; Pavlovic, Aleksandar; Dubljanin, Eleonora; Maksimovic, Jadranka; Nikolic, Aleksandra; Sipetic-Grujicic, Sandra

    2017-07-29

    Currently, medical cannabis polices are experiencing rapid changes, and an increasing number of nations around the world legalize medical cannabis for certain groups of patients, including those in Serbia. To determine medical students' attitudes toward medical cannabis legalization and to examine the factors influencing their attitudes. Fourth-year medical students at the Faculty of Medicine, University of Belgrade, had participated in a cross-sectional study. Data were collected by an anonymous questionnaire. Overall, 63.4% students supported medical cannabis legalization, and only 20.8% supported its legalization for recreational use. Students who previously used marijuana (p medical cannabis legalization compared with students who never used them. Support for marijuana recreational use was also related to prior marijuana (p cancer (90.4%) and chronic pain (74.2%) were correctly reported approved medical indications by more than half the students. Students who supported medical cannabis legalization showed better knowledge about indications, in contrast to opponents for legalization who showed better knowledge about side effects. Beliefs that using medical cannabis is safe and has health benefits were correlated with support for legalization, and previous marijuana and alcohol use, while beliefs that medical cannabis poses health risks correlated most strongly with previous marijuana use. Conclusions/Importance: The medical students' attitudes toward medical cannabis legalization were significantly correlated with previous use of marijuana and alcohol, knowledge about medical indications and side effects, and their beliefs regarding medical cannabis health benefits and risks.

  7. Military Policy toward Homosexuals: Scientific, Historic, and Legal Perspectives

    National Research Council Canada - National Science Library

    Davis, Jeffrey S

    1990-01-01

    This thesis examines military policy toward homosexuals. Scientific, historic, and legal perspectives are reviewed as they relate to current policy and the distinction between homosexual acts and homosexual status...

  8. 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.

  9. Legal Deposit of Electronic Publications

    Directory of Open Access Journals (Sweden)

    Burcu Umut Zan

    2009-06-01

    Full Text Available The most important and basic role of the deposition studies, which are the greatest contributions to the knowledge sharing, is to gather the artistic and philosophical works of a country and provide them for the use of future researchers. However, since early deposition studies were limited with printed publications, they do not involve the electronic publication types appearing with the development of information technology. This stems from the fact that the electronic publications require procedures different from those of the printed publications in terms of deposition steps because of their structures. Today, in order to guarantee that all registered cultural products, which are mostly produced and used in the electronic environment could be fully collected, electronic publications should also be covered by and regulated under legal deposit. This study analyzes the deposition of electronic publications, within the framework of their storage and protection, being put in the use of the users as well as the common approaches to deposition practices in the world parallel to the developments in the information technology. The related situation in Turkey was also evaluated.

  10. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, 𔃺 le. ~~rt n the

  11. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  12. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  13. 31 CFR 215.9 - Change of legal residence by members of the Armed Forces.

    Science.gov (United States)

    2010-07-01

    ... legal residence. The notification shall include the name, social security number, current mailing... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Change of legal residence by members... Withholding Agreement § 215.9 Change of legal residence by members of the Armed Forces. (a) In determining the...

  14. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy. European Society of Human Genetics and European Society of Human Reproduction and Embryology.

    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

    2013-11-01

    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 provide

  15. The Framework for an Information Technology Strategic Roadmap for the United States Marine Corps: How Current Acquisitions Align to the Current Strategic Direction of the Department of Defense, Department of the Navy, and United States Marine Corps

    National Research Council Canada - National Science Library

    Garcia, Richard D; Sloan, Joshua K

    2008-01-01

    ... (IT) roadmap may comprise a "tipping point" for future warfighting effectiveness. This thesis begins the basis for a framework for an information technology strategic roadmap for the United States Marine Corps...

  16. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  17. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  18. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  19. The Flood, the Channels and the Dykes: Managing Legal Information in a Globalized and Digital World

    OpenAIRE

    Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

    2008-01-01

    Information search and retrieval are part of daily routines of the legal profession. Lawyers, judges, prosecutors, and legal clerks usually access a number of electronic resources to browse, search, select, or update legal contents. Legal databases have currently become large digital libraries where the tasks related to information-seeking may sometimes be cumbersome. Adding semantics to support information search may provide significant results in terms of efficiency, efficacy, and user sati...

  20. Planning an accessible expo 2020 within Dubai’s 5 star hotel industry from legal and ethical perspectives

    Directory of Open Access Journals (Sweden)

    Stephanie Morris

    2016-03-01

    Full Text Available Purpose – The purpose of this paper is to provide an understanding of the accessibility laws currently in effect in the United Arab Emirates and, specifically, Dubai. Further, it recommends methods of integrating accessible hospitality and tourism in Dubai with core legal and ethical direction in preparation for EXPO 2020. Design/methodology/approach – Review of current legislation and analysis of interpretation by industry providers was used to illustrate the impact on the current accessibility environment in Dubai and to recommend a revised regulatory scheme. Findings – The paper explains how legal and ethical issues have influenced the planning and building of 5 star hotels in Dubai, and offers recommendations for amendments and additions to the region’s current laws that address needs of people with disabilities (PwD. Originality/value – Little research has been conducted in the region concerning the rights and needs of PwD. The paper significantly contributes by demonstrating how an ethical and legal framework will address the needs of PwD thereby aiding in Dubai’s successful hosting of EXPO 2020. This contribution is notably opportune in view of the anticipated changes in applicable legislation.

  1. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  2. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  3. Stem cell tourism in South Africa: The legal position | Mahomed ...

    African Journals Online (AJOL)

    Stem cell tourism has become a common phenomenon worldwide and is increasingly affecting South Africa, as is evident from recent media reports. We examine the South African legal framework regulating stem cell therapy, focusing first on the effects of unproven stem cell treatments, and provide recommendations that ...

  4. Disappearing Discourse: Performative Texts and Identity in Legal Contexts

    Science.gov (United States)

    Trinch, Shonna

    2010-01-01

    This article examines how survivors of domestic violence and the institutional authorities to whom they turn for assistance represent verbal aggression in direct quotations and indirect reported speech in legal testimony. Using the theoretical framework proposed by Briggs and Bauman (1992), I suggest that direct quotations and reported speech…

  5. K-12 Students with Concussions: A Legal Perspective

    Science.gov (United States)

    Zirkel, Perry A.; Brown, Brenda Eagan

    2015-01-01

    This article provides a multipart analysis of the public schools' responsibility for students with concussions. The first part provides the prevailing diagnostic definitions of concussions and postconcussive syndrome. The second and central part provides (a) the legal framework of the two overlapping federal laws--the Individuals with Disabilities…

  6. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  7. Discussing options between patients and health care professionals in genetic diagnosis: ethical and legal criteria

    Directory of Open Access Journals (Sweden)

    Nicolás Pilar

    2007-09-01

    Full Text Available Abstract The specific characteristics of genetic data lead to ethical-legal conflicts in the framework of genetic diagnosis. Several international organisations, including UNESCO and the Council of Europe, have enacted rules referring to the use of genetic information. This paper discusses possible legal and ethical criteria that could be used in genetic testing.

  8. What is the Role of Legal Systems in Financial Intermediation? Theory and Evidence

    NARCIS (Netherlands)

    Bottazzi, L.; Da Rin, M.; Hellmann, T.

    2008-01-01

    We develop a theory and empirical test of how the legal system affects the relationship between venture capitalists and entrepreneurs. The theory uses a double moral hazard framework to show how optimal contracts and investor actions depend on the quality of the legal system. The empirical evidence

  9. 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

  10. Guerra Civil y franquismo en los libros de texto actuales de Educación Primaria: análisis de contenido y orientación didáctica en el marco de la LOMCE. Spanish Civil War and francoism in the current textbooks of Primary Education: content analysis and didactic orientation in the framework of LOMCE.

    Directory of Open Access Journals (Sweden)

    Juan Carlos Bel Martínez

    2017-06-01

    Full Text Available (ES El presente estudio pretende analizar el tratamiento que se da a la Guerra Civil y al franquismo dentro del currículo vigente y especialmente en los materiales curriculares derivados del mismo. Para ello tomaremos los principales libros de texto utilizados en las aulas valencianas de Educación Primaria dentro del marco normativo de la Ley Orgánica para la Mejora de la Calidad Educativa –LOMCE– de 2013. El análisis de la situación curricular, del contenido discursivo de los manuales y de las imágenes incluidas en ellos nos permitirá comprobar qué papel se otorga al conflicto dentro del aula de Historia en Educación Primaria. (EN The present study aims to analyse the treatment given to the Spanish Civil War and Francoism in the current curriculum and especially in the curricular materials derived from it. For this we take the main textbooks used in the valencian classrooms of Primary Education within the legal frame-work of the ‘Ley Orgánica para la Mejora de la Calidad Educativa’ –LOMCE– of 2013. The anal-ysis of the curricular situation, discursive content of textbooks and the images included in them will allow us to verify what role is given to the conflict inside the History classroom in Primary Education.

  11. Public administration of processes for supporting of inner ecology safety in Ukraine: organizational and legal aspect

    Directory of Open Access Journals (Sweden)

    Y. О. Romanenko

    2016-03-01

    Full Text Available The paper studied the legal framework that regulates social relations in the field of internal environmental safety and provides a unified state policy and the exercise of powers by the authorities at all levels. Thus, in the legal field there are the gaps on many issues that are important in solving the tasks, including the powers and responsibilities of the various subjects of law in an extreme situation, as well as management and leadership of emergency rescue activity and other urgent works in disaster areas. It is established that to increase the state’s role in protecting the population from emergency situations of natural character, it is necessary to achieve a qualitative change in the legal status of government, the formation of relevant legislation and conduct regulation. In general, the process of regulation in addressing the problems of population protection from emergency situations of different nature must be carry out through the systematization of the national, regional and local levels regulations that are relevant to the issues of prevention and liquidation of emergency situations; also we must eliminate inconsistencies in current legislation and coordinate the national legislation with international. Based on analysis of existing and unresolved problems of internal environmental safety it is necessity to implement new mechanisms of state influence to prevent environmental degradation, the use of methods and means of protecting the population from current anthropogenic influences; reorganization of the territory, defining the boundaries of zones of sanitary, medical and sanitary survey of the population; ensuring internal environmental safety is realized with the help of legal, operational and rescue, functional and territorial public administration practices; the use of multi-state management controls that are able to simultaneously influence the situation in the sphere of nature.

  12. An Investigation into the Accuracy of Two Currently Available Dental Impression Materials in the Construction of Cobalt-Chromium Frameworks for Removable Partial Dentures.

    Science.gov (United States)

    Dubal, Rajesh Kumar; Friel, Tim; Taylor, Philip D

    2015-03-01

    This study investigated the suitability of irreversible hydrocolloid as an impression material for cobalt-chromium framework construction. Scans of casts derived from (1) alginate and (2) addition-cured polyvinylsiloxane impressions were superposed on to a control. The differences within and between groups were compared at fixed landmarks. The investigation revealed a high degree of scan coincidence within and between groups. However, certain features, such as undercuts, resulted in a lower degree of scan coincidence. Irreversible hydrocolloid appears to be a viable alternative to addition-cured polyvinyl-siloxane as an impression material for cobalt-chromium framework construction.

  13. Ethical and Legal Considerations of Healthcare Informatics

    Directory of Open Access Journals (Sweden)

    Maria ALUAŞ

    2016-12-01

    Full Text Available Internet, cloud computing, social networks and mobile technology, all facilitate information transfer. Healthcare professionals, physicians and patients can use informatic devices in order to simplify their access to medical information, to streamline testing, and to understand clinical results. The use of computers and software facilitate doctor-patient interactions by optimizing communication and information flow. However, digital interfaces also increase the risks that information specialists use information without fully complying with ethical principles and laws in force. Our premise is that these information specialists should: 1 be informed of the rights, duties, and responsibilities linked to their profession and laws in force; 2 have guidelines and ethical tutoring on what they need to do in order to avoid or prevent conflict or misconduct; 3 have renewed specific training on how to interpret and translate legal frameworks into internal rules and standards of good practice. The purpose of this paper was: 1 to familiarize professionals who work in healthcare informatics with the ethical and legal issues related to their work; 2 to provide information about codes of ethics and legal regulations concerning this specific area; 3 to summarize some risks linked to wrong or inadequate use of patient information, such as medical, genetic, or personal data.

  14. Multiculturalism and legal autonomy for cultural minorities

    Directory of Open Access Journals (Sweden)

    Morten Ebbe Juul Nielsen

    2013-11-01

    Full Text Available Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework.http://dx.doi.org/10.5324/eip.v7i2.1798

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

    International Nuclear Information System (INIS)

    Fujiwara, J.

    1984-01-01

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

  16. Legality Principle of Crimes and Punishments in Iranian Legal System

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  17. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  18. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  19. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  20. Criminal sanctions for legal enties: An instrument of crime control

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    's own conduct embodied either in the commission of a criminal offence or in the omission to act. Therefore, contemporary criminal laws have determined special types of criminal sanctions, such as: punishment, security measures, conditional (suspended sentence and confiscation of material gain obtained by comitting the criminal offence, as well as the instruments, proceedings and conditions under which they may be imposed. Within the framework of the forthcoming reform of the entire penal legislation in the Republic of Serbia, the Serbian legislator may use the legal solutions envisaged in the analyzed documents and criminal legislations as a solid model for implementing the international standards in the field of criminal liability of legal entities. Hence, this paper discusses the particularities governing the application of criminal sanctions for legal entities in the Republic of Serbia, particularly as an instrument of crime control.