WorldWideScience

Sample records for current legal framework

  1. French Current Plans for a National Space Legal Framework

    Science.gov (United States)

    Clerc, Philippe

    2002-01-01

    France bears the international obligation to authorise and supervise space activities under its jurisdiction and can be liable for damage caused by space objects launched from Kourou (French Guiana) and/or by companies registered in France. The current national framework for the activities carried by Arianespace, Starsem, Eutelsat and for the Ariane European launcher operated from the Guiana Space Centre (CSG) is adequately regulated on the basis of relevant programmatic, contractual and administrative legal regime. But in consequence of the liberalisation of the telecommunications market, of the privatisation of international organisations and State owned companies and of the increasing private demands to access CSG facilities, further regulations could be needed. In this context, the French Ministry of Research's Space Department has convened in 1999, during 2 years, more than 100 technical and legal experts organised in several working groups to propose an upgraded national legal framework for space activities. This constituted working groups dealt with: launching (to implement a licence procedure, considering the responsibility of France and international competition rules), earth observation (for licensing and data policy), telecommunications and navigation, and space objects property and security regime (linked to the registration convention and the Unidroit Space Protocol). Th report of this work named "Space Law Evolution in France Study" was presented to the Minister of Research by the beginnings of this year. The present author has driven the overall study on behalf of the French Research Ministry's Space Department. This paper presents the report's general content with following actions regarding the French national space legal framework.

  2. The legal and ethical framework governing Body Donation in Europe - 1st update on current practice

    NARCIS (Netherlands)

    Riederer, B.M.; Bolt, S.H.; Brenner, E.; Bueno-López, J.L.; Circulescu, A.R.M.; Davies, D.C.; Caro, R. de; Gerrits, P.O.; McHanwell, S.; Pais, D.; Paulsen, F.; Plaisant, O.; Sendemir, E.; Stabile, I.; Moxham, B.J.

    2012-01-01

    Previously, we have reported on the legal and ethical aspects and current practice of body donation in several European countries, reflecting cultural and religious variations as well as different legal and constitutional frameworks. We have also established good practice in body donation. Here we s

  3. The legal and ethical framework governing Body Donation in Europe - 1st update on current practice

    NARCIS (Netherlands)

    Riederer, B.M.; Bolt, S.H.; Brenner, E.; Bueno-López, J.L.; Circulescu, A.R.M.; Davies, D.C.; Caro, R. de; Gerrits, P.O.; McHanwell, S.; Pais, D.; Paulsen, F.; Plaisant, O.; Sendemir, E.; Stabile, I.; Moxham, B.J.

    2012-01-01

    Previously, we have reported on the legal and ethical aspects and current practice of body donation in several European countries, reflecting cultural and religious variations as well as different legal and constitutional frameworks. We have also established good practice in body donation. Here we

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

    OpenAIRE

    Petra PERISIC

    2013-01-01

    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 ...

  5. 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.

  6. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

    The absence of such a ratified legal framework is one of the reasons for .... (for Addis Ababa city Administration education bureau) ... many more. Currently, the mobile network coverage in .... provide protection of consumers and personal data.

  7. Prevention of undesired student behaviours in current school practice: Legal and curricular framework

    Directory of Open Access Journals (Sweden)

    Šaljić Zorica

    2015-01-01

    Full Text Available The school, as the institution whose basic activity is education, has an important role in preventing the emergence of undesired and stimulating desired forms of behaviour of the students. In the realization of this role it relies on legal and curricular documents which define the direction of the preventing acting of school. Starting from this, the article describes and analyses laws and other legal documents in the field of education which cover in more detail the issues of violence prevention, as well as curricular documents which are developed on the school level. The obtained results show that legal provisions should define the issues of the prevention of undesirable behaviours of students more clearly. The analysis of the curricular documents showed that the planned preventive measures and activities are not sufficiently accorded with the needs of different categories of students, as well as the fact that important participants in the educational process are not sufficiently included in the process of planning and realization of the preventive activities of the school.

  8. Legal framework for food fortification

    DEFF Research Database (Denmark)

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

    2013-01-01

    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...... 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......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...

  9. Legal framework for food fortification

    DEFF Research Database (Denmark)

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

    2013-01-01

    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...... 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......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...

  10. The Legal Framework for Regionalization of Romania

    Directory of Open Access Journals (Sweden)

    Ion Popescu-Slăniceanu

    2013-05-01

    Full Text Available Deepening relationships and interdependencies today between states and other participants in international relations, globalization issues and solutions, acceleration of socio-political phenomena bring new problems to the people.Among the issues at the heart of contemporary research interest is public law and relative to new forms of international cooperation, development cooperation and regional integration at the state and sovereignty, the need for democratic values, the development of local autonomy, the rights human. In Romania, regional experiences, in different forms, dating back to the interwar period. Currently, the institutional framework, objectives, powers and instruments of regional development policy in Romania was established by Law no. 315/2004 on regional development in Romania, but not developing regions and municipalities have no legal personality and therefore be a reform aimed at regionalization of Romania. Under the provisions of article 3, 1 of the Constitution, republished, Romanian territory is organized administratively into communes, towns and counties. It is therefore necessary to amend the Constitution in order to create the legal framework for regionalization constitutional Romania and then passing bills related to regionalization and administrative decentralization to properly delineate the respective responsibilities of administrative units in Romania.

  11. The Legal Framework of Cyber Operations

    NARCIS (Netherlands)

    P. Ducheine

    2013-01-01

    The presentation focusses on the legal, strategic and operational framework for (military) cyber operations. Themes addressed cover: the scope of cyber security and the role of government (in general) and the armed forces (in particular); legitimacy as a principle of the rule of law and its relevanc

  12. [The legal framework to prevent teenage pregnancies].

    Science.gov (United States)

    Leal, Ingrid; Luttges, Carolina; Troncoso, Paulina; Leyton, Carolina; Molina, Temistocles; Eguiguren, Pamela

    2016-05-01

    There are legal regulations about sexual and reproductive rights of adolescents. However, this legal framework (LF) may have contradictory elements: there are laws assuring confidentiality and access to contraception at any age but there are other laws that consider any sexual contact with an adolescent younger than 14 a sexual assault, whose report to the legal authorities in mandatory. To explore the knowledge and clinical practice of primary health care (PHC) providers regarding prevention of teenage pregnancy. Qualitative study collecting data using semi-structured interviews made to midwives and directors of PHC centers. Analysis of the data was based on Grounded Theory. There is a differentiated clinical care for pregnancy prevention among adolescents if they are over 14 years old. This is due to the LF, specifically to the sexual crime’s law (19,927) and the law about regulation of the fertility (20,418). The differences affect health care, access and counseling about contraception and confidentiality. Healthcare of teenagers under the age of 14 is perceived as problematic for providers, due to the possible legal implications. The LF causes insecurity on health care providers and derives in a differentiated clinical approach according to the patient´s age. This is a barrier to provide timely and confidential access to counseling and contraception.

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

    African Journals Online (AJOL)

    Policy, Legal and Regulatory Framework for Records Management in the ... They are fundamental to the efficient and effective operation of the legal system of any ... The data were collected through interviews, questionnaires and document ...

  14. DOCTRINAL BASICS OF THE LEGAL TECHNIQUE: COMPARATIVE ANALYSIS WITHIN THE EUROPEAN LEGAL FRAMEWORK

    Directory of Open Access Journals (Sweden)

    Alexander Malko

    2014-07-01

    Full Text Available The legal technique was initially developed as a kind of “interpreter” for the legislative will in the legal language using a specific ingenuity of legal engineering. Historically, the theoretical base of the legal technique was formed on a phased basis, essentially stimulated by state reforms, social transformations, and active legislation systematization. It should be mentioned here that legal technique is a distinctive category reflecting the political, economic, and legal situation in the historical period of a certain state development, but being extra-national in itself.The resource harmonization of the legal technique within the European legal framework means norm-setting regulations, coordination, and elaboration of common recommendations for the European countries. The cooperation in the legal technique standards harmonization will require the all-European cooperation to the new level as far as legal standards, human rights, democratic development, legitimacy and cultural cooperation are concerned.

  15. The Legal Framework for Establishing Private Universities in Swaziland

    Science.gov (United States)

    Mbanze, C. V.; Coetzee, S. A.

    2014-01-01

    This article draws on a doctoral study which investigated the legal and management frameworks required for establishing private universities in Swaziland. The focus is particularly on the legal framework for establishing the Southern Africa Nazarene University (SANU). Managers involved in establishing SANU encountered a lack of both specific…

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

    DEFF Research Database (Denmark)

    Andrecka, Marta

    2016-01-01

    Provision on framework agreements has been introduced into European Union Law (EU) in 2004. Since then framework agreements have gained popularity and importance on the European Union (EU) public tender market. Nevertheless, the use of frameworks poses significant legal challenges necessitating...... 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......, a small scale comparative law research and field research based on qualitative research by the means of semi-structured interviews....

  17. Children's Health in a Legal Framework

    Science.gov (United States)

    Huntington, Clare; Scott, Elizabeth

    2015-01-01

    The U.S. legal system gives parents the authority and responsibility to make decisions about their children's health care, and favors parental rights over society's collective responsibility to provide for children's welfare. Neither the federal government nor state governments have an affirmative obligation to protect and promote children's…

  18. 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.

  19. Legal and administrative frameworks for electricity enterprises

    Energy Technology Data Exchange (ETDEWEB)

    1973-01-01

    The present study, designed to assist electricity-undertaking managers in the developing countries, briefly outlines the main legal and administrative problems that may be faced. It presents pointers to choices that can be made specifically for a particular country's geographical, political, economic, and social conditions. Part I, Legal Regimes Governing Electricity, is presented in three parts: Formal Features; Basic Political Options; and Administrative and Institutional Problems. Part II, Public Undertakings, contains four parts: Different Types of Public Undertaking; Public Corporation: The Problems and Their Solutions; Public Corporation: Management Structure; and Organigram, Management and Control Principles for the Public Undertaking. Part Three, Private and Semi-public Undertakings--Nationalization, contains three areas of study: Private Undertakings; Semi-public Undertakings; and Nationalization. Following the concluding chapter, a Draft Code of Electricity is annexed.

  20. Developing a Legal Framework for Remote Electronic Voting

    Science.gov (United States)

    Schmidt, Axel; Heinson, Dennis; Langer, Lucie; Opitz-Talidou, Zoi; Richter, Philipp; Volkamer, Melanie; Buchmann, Johannes

    This paper describes how to legally regulate remote electronic elections. Electronic voting systems have to respect the constitutional election principles. For technological solutions, this translates into security requirements that have to be fulfilled by the operational environment in which the voting takes place. Therefore [26] introduced the concept of providing the technical and organizational implementation of a remote electronic election by a qualified trustworthy third party. This paper adds legal regulation to support this concept. The legal framework addresses the secure operation of remote electronic voting services as well as their accreditation and supervision by an official authority.

  1. A Legal Framework to Support Development and Assessment of Digital Health Services.

    Science.gov (United States)

    Garell, Cecilia; Svedberg, Petra; Nygren, Jens M

    2016-05-25

    Digital health services empower people to track, manage, and improve their own health and quality of life while delivering a more personalized and precise health care, at a lower cost and with higher efficiency and availability. Essential for the use of digital health services is that the treatment of any personal data is compatible with the Patient Data Act, Personal Data Act, and other applicable privacy laws. The aim of this study was to develop a framework for legal challenges to support designers in development and assessment of digital health services. A purposive sampling, together with snowball recruitment, was used to identify stakeholders and information sources for organizing, extending, and prioritizing the different concepts, actors, and regulations in relation to digital health and health-promoting digital systems. The data were collected through structured interviewing and iteration, and 3 different cases were used for face validation of the framework. A framework for assessing the legal challenges in developing digital health services (Legal Challenges in Digital Health [LCDH] Framework) was created and consists of 6 key questions to be used to evaluate a digital health service according to current legislation. Structured discussion about legal challenges in relation to health-promoting digital services can be enabled by a constructive framework to investigate, assess, and verify the digital service according to current legislation. The LCDH Framework developed in this study proposes such a framework and can be used in prospective evaluation of the relationship of a potential health-promoting digital service with the existing laws and regulations.

  2. Aspects of a legal framework for language resource management

    CSIR Research Space (South Africa)

    Sharma Grover, A

    2012-05-01

    Full Text Available . The legal framework entails examination of; the agency’s stakeholders and the relationships that exist amongst them, the privacy and intellectual property rights that exist around the language resources offered by the agency, and the external (e.g. laws...

  3. 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.

  4. How Do People in Asia and the Pacific Migrate Legally for Work? An Overview of Legal Frameworks: GATS Mode 4, PTAs and Bilateral Labour Agreements

    OpenAIRE

    Melanie Ramjoue

    2011-01-01

    This paper examines the patchwork of multilateral, regional and bilateral legal instruments through which migrants from Asia and the Pacific currently legally cross borders in search of employment. It concludes that the existing frameworks are very inadequate: in almost all the multilateral and preferential agreements focusing predominantly on trade (GATS Mode 4 and Preferential Trade Agreement), countries have made binding commitments only with respect to the temporary entry of high-skilled ...

  5. 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...

  6. Carbon capture and storage - legal and regulatory framework

    Energy Technology Data Exchange (ETDEWEB)

    Russial, T.J. [US Carbon Sequestration Council (United States)

    2011-01-15

    In 1998, a colleague introduced a paper on greenhouse gas (GHG) reduction with a famous Mark Twain quote: 'Everybody talks about the weather, but nobody does anything about it.' Humour aside, the colleague's point was to highlight the considerable body of work under way to develop technologies to address the climate change impacts of GHG emissions. One option is carbon capture and storage (CCS), a technology that has been in the making for over 50 years. Thousands of scientists, engineers, and policymakers throughout the world are not only talking about CCS, but also diligently pursuing the technical know-how and legal and regulatory frameworks needed to deploy CCS as a climate change solution. CCS has many passionate supporters, some equally passionate detractors, and some who view it as a technology that must be tolerated to bridge the gap to fossil-free energy. This is a progress report on CCS readiness throughout the world with regard to the legal and regulatory framework development that is critical to CCS deployment. 177 refs., 7

  7. 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.

  8. The legal framework of the protection of inventors in Serbia

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2011-01-01

    Full Text Available The author of this paper gives an overview of the evolution of legal framework of protection of rights of inventors in Serbia, since the end of the 19th century to present day. Special attention is paid to the legislative bill of the new patent law, adopted by the Serbian Government in the beginning of July, 2011. This paper was written in the period after the Bill had been adopted, but before the parliamentary debate began. From the new legal institutions envisaged by the Bill the author points out in detail the obligation to issue a research report (report on the state of the art before the publication of the patent application, evening up the petty patent and patent in respect of the inventive step of the invention as a condition of patentability, differentiation between petty patent and examined petty patent in respect of the right of the applicant to request interim court measures to prohibit unauthorized economic exploitation of the invention, changes in the wording of some sections of the law necessitated by entry in force of the European Patent Convention, introduction of right of appeal of the applicant against the administrative decisions of the Intellectual Property Office, prescribing explicitly the right of review as an extraordinary legal remedy in litigations initiated for the protection of the rights of patent holders, enabling restoration of rights (restitutio in integrum in the case of failure to pay annual fees for maintenance of patent rights, introduction of the institution of 'continuation of procedure', assignment of the administration of the registry of pledged patent rights, rights from petty patent and rights conferred by the patent application into the competence of Intellectual Property Office, and other novelties necessitates by the requirement of harmonization of domestic legislation with the sections of the TRIPS agreement and the Directive of the EU No. 2004/48/EC on the enforcement of intellectual property rights

  9. Allotment Garden Dwellings: Exploring Tradition and Legal Framework

    Directory of Open Access Journals (Sweden)

    Maja LORBEK

    2015-11-01

    Full Text Available At the end of 19th century, the removal of city walls and introduction of mass transport in European cities provided the opportunity to expand cities in green suburban areas. Colonies of small houses with garden plots and allotment gardens developed during this era thus represent a new type of settlement, where green infrastructure (gardens and allotment dwellings are closely intertwined. The gardens in these settlements were originally based on the notion of subsistence economy, providing food and emergency accommodation in periods of crisis. This paper examines the evolution of allotments and particularly allotment dwellings in Germany and Austria by matching the actual practices of gardeners with the formation of and changes in the legal framework. The legislation and zoning regulations, which were predominantly established after the fact, reveal an ongoing process of negotiation between informal practices and planning authorities.

  10. The duty of care: an update. Current legal principles.

    Science.gov (United States)

    Fullbrook, Suzanne

    2005-02-01

    The author had a twofold purpose in writing this article: firstly to inform readers of the current legal principles that inform the duty of care, and secondly to discuss these principles with reference to two recent cases. Practitioners giving consideration to these issues will be assisted in their professional decision-making processes.

  11. Corruption in the Czech and Slovak Republic: Did the EU pressure improve legal framework and its enforcement?

    Directory of Open Access Journals (Sweden)

    Ladislava Grochová

    2011-01-01

    Full Text Available Did the EU pressure improve legal framework and its enforcement in the Czech and Slovak Republic? The paper analyzes the current state of the Czech and Slovak quality of legal framework and its enforcement in the context of the European Union accession. We looked at a variety of corruption indicator data, such as statistics of revealed and clarified malfeasance connected with corruption per 100 capita and the composite indexes. These indicators suggest that the quality of the legal framework and its enforcement in the Czech and Slovak Republic has not improved after joining the European Union. More precisely, it can be argued that in spite of implementation of anti-corruption public policies proposed by EU institutions, perceived corruption of public officers has remained the same. This means that trustworthiness of legal framework and enforcement authorities responsible for deterrence and reduction of corruption remained the same as well. Therefore, in order to improve the quality of the legal framework and its enforcement, reduction of barriers to entry and more profound legislation reforms is suggested.

  12. 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.

  13. Ethical and legal framework and regulation for off-label use: European perspective

    Directory of Open Access Journals (Sweden)

    Lenk C

    2014-07-01

    Full Text Available Christian Lenk,1 Gunnar Duttge2 1Institute for History, Theory and Ethics of Medicine, Ulm University, Ulm, Germany; 2Center for Medical Law, Göttingen University, Göttingen, Germany Abstract: For more than 20 years the off-label use of drugs has been an essential part of the ethical and legal considerations regarding the international regulation of drug licensing. Despite a number of regulatory initiatives in the European Union, there seems to remain a largely unsatisfactory situation following a number of critical descriptions and statements from actors in the field. The present article gives an overview of the ethical and legal framework and developments in European countries and identifies existing problems and possible pathways for solutions in this important regulatory area. In addition to the presentation of the ethical and legal foundations, some attention is given to criticisms from medical practitioners to the current handling of off-label drug use. The review also focuses on the situation confronted by patients and physicians when off-label prescriptions are necessary. Through legal descriptions from a number of countries, possible solutions for future discussion of European health care policy are selected and explained. Keywords: ethics, law, Europe, health care policy 

  14. Legal framework conditions for the reprocessing of medical devices.

    Science.gov (United States)

    Großkopf, Volker; Jäkel, Christian

    2008-09-03

    The processing of single-use products is permissible pursuant to medical device law. This is apparent both from the wording of the German Law on Medical Devices and from the purpose and the objectives underpinning the legislative materials. The prerequisite for processing is, however, compliance with the the Joint Recommendation of the Commission for Hospital Hygiene and the Prevention of Infection at the Robert Koch Institute (RKI) and the Federal Institute for Drugs and Medical Products (BfArM).For medical devices in the category "critical C", the RKI/BfArM-recommendation provides that the processor's quality management system must be certified by a body accredited by the Central Authority of the Federal States for Health Protection with regard to Medicinal Products and Medical Devices (Zentralstelle der Länder für Gesundheitsschutz bei Arzneimitteln und Medizinprodukten, ZLG). The certification must be carried out in accordance with EN ISO 13485:2003+AC:2007.On April 4, 2008 the Federal Health Ministry (Bundesministerium für Gesundheit, BMG) presented a progress report on the processing of medical devices. The BMG concludes that the legal framework for the processing of medical devices is sufficient, and that a prohibition on the processing of single-use products is inappropriate.

  15. Call for a dedicated European legal framework for bacteriophage therapy.

    Science.gov (United States)

    Verbeken, Gilbert; Pirnay, Jean-Paul; Lavigne, Rob; Jennes, Serge; De Vos, Daniel; Casteels, Minne; Huys, Isabelle

    2014-04-01

    The worldwide emergence of antibiotic resistances and the drying up of the antibiotic pipeline have spurred a search for alternative or complementary antibacterial therapies. Bacteriophages are bacterial viruses that have been used for almost a century to combat bacterial infections, particularly in Poland and the former Soviet Union. The antibiotic crisis has triggered a renewed clinical and agricultural interest in bacteriophages. This, combined with new scientific insights, has pushed bacteriophages to the forefront of the search for new approaches to fighting bacterial infections. But before bacteriophage therapy can be introduced into clinical practice in the European Union, several challenges must be overcome. One of these is the conceptualization and classification of bacteriophage therapy itself and the extent to which it constitutes a human medicinal product regulated under the European Human Code for Medicines (Directive 2001/83/EC). Can therapeutic products containing natural bacteriophages be categorized under the current European regulatory framework, or should this framework be adapted? Various actors in the field have discussed the need for an adapted (or entirely new) regulatory framework for the reintroduction of bacteriophage therapy in Europe. This led to the identification of several characteristics specific to natural bacteriophages that should be taken into consideration by regulators when evaluating bacteriophage therapy. One important consideration is whether bacteriophage therapy development occurs on an industrial scale or a hospital-based, patient-specific scale. More suitable regulatory standards may create opportunities to improve insights into this promising therapeutic approach. In light of this, we argue for the creation of a new, dedicated European regulatory framework for bacteriophage therapy.

  16. 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.

  17. 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

  18. 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.

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

    National Research Council Canada - National Science Library

    Nina Gumzej

    2013-01-01

      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...

  20. 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...

  1. The effects of establishing a legal framework for microfinance in Serbia

    OpenAIRE

    2015-01-01

    The existing model of microfinance in Serbia has a limiting effect on its efficient operation and satisfaction of demand for micro credits, thus implying a need for the establishment of an appropriate legal framework for the development of microfinance sector. Starting from the basic role that microfinance, particularly microcredit, has in the process of fostering sustainable economic development, the paper aims to highlight the importance of establishing an adequate legal framework in this a...

  2. Homosexuality, religion and the contested legal framework governing sex education in England

    OpenAIRE

    Vanderbeck, RM; Johnson, P

    2015-01-01

    This article examines how religion has influenced, and continues to influence, the legal framework that regulates the circulation of knowledge about homosexuality and same-sex relationships within state-funded schools in England. This legal framework has become the subject of considerable recent public and legislative contestation. We argue that religious considerations and interests have contributed to the production and maintenance of an uneven educational landscape in which young people fa...

  3. [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.

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

    Science.gov (United States)

    Gaire, Surya; Castro Delgado, Rafael; Arcos González, Pedro

    2015-01-01

    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 improve the vulnerability of Nepal, an early warning system, mainstreaming disasters with development, research activities, community participation and awareness, and a rainfall monitoring system must all be a focus.

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

    Science.gov (United States)

    Gaire, Surya; Castro Delgado, Rafael; Arcos González, Pedro

    2015-01-01

    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 improve the vulnerability of Nepal, an early warning system, mainstreaming disasters with development, research activities, community participation and awareness, and a rainfall monitoring system must all be a focus. PMID

  6. Towards a Design Model for local Smart Grid Systems: Connecting Ostrom’s IAD-Framework to Institutional Legal Theory

    NARCIS (Netherlands)

    Heldeweg, Michiel; Lammers, Imke

    2015-01-01

    This paper proposes an analytical framework towards a design-model connecting Ostrom’s IAD-Framework with Institutional Legal Theory (ILT), applicable to legal-settings for local Smart-Grid systems. This connection contributes to achieving legal innovations necessary to the (fit of) public-private a

  7. A Policy Framework for Reconceptualizing the Legal Debate Concerning Affirmative Action in Higher Education.

    Science.gov (United States)

    Palmer, Scott R.

    This chapter asserts that to make the case for affirmative action in higher education based on the diversity rationale, the legal debate must be reconceptualized into a policy-oriented framework. It presents a model dividing policy development into four interrelated parts: goals, objectives, strategy, and design. The policy framework is applied to…

  8. 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.

  9. 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 fram...... framework in the area of transnational financial crimes at the regional (EU) and domestic levels. The research project involves the legal analysis of the legislation, jurisprudence and best practices of two selected jurisdictions, in particular the United Kingdom and Denmark.......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...

  10. Foundations of Refugee Rights: How Legal Language Reflects Current Trends.

    Science.gov (United States)

    Goldsmith, Andrew

    1996-01-01

    Addresses the recent anti-immigrant sentiment in the United States and examines the forces causing it. The article examines legal language and opinion in court cases showing shifting anti-immigrant sentiment, including the language used in California's Proposition 187, and argues that this legal language in which court decisions and legislation…

  11. Serving the Newly Legalized: Their Characteristics and Current Needs.

    Science.gov (United States)

    Martin, Susan Forbes; And Others

    The Immigration Reform and Control Act of 1986 (IRCA) provides for the legalization of undocumented aliens through several programs. IRCA established the State Legalization Impact Assistance Grants (SLIAG) "to alleviate the financial impact on States and local governments that may result from the adjustment of immigrant status" through the…

  12. A contribution to set a legal framework for biofertilisers.

    Science.gov (United States)

    Malusá, E; Vassilev, N

    2014-08-01

    The extensive research, production and use of microorganisms to improve plant nutrition have resulted in an inconsistent definition of the term "biofertiliser" which, in some cases, is due to the different microbial mechanisms involved. The rationale for adopting the term biofertiliser is that it derives from "biological fertiliser", that, in turn, implies the use of living microorganisms. Here, we propose a definition for this kind of products which is distinguishing them from biostimulants or other inorganic and organic fertilisers. Special emphasis is given to microorganism(s) with multifunctional properties and biofertilisers containing more than one microorganism. This definition could be included in legal provisions regulating registration and marketing requirements. A set of rules is also proposed which could guarantee the quality of biofertilisers present on the market and thus foster their use by farmers.

  13. 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

  14. Systematizing the legal framework regulating Romanian tourism – proposal for an innovative public policy

    Directory of Open Access Journals (Sweden)

    Foriş, D.

    2012-01-01

    Full Text Available The numerous Romanian standards and legal regulations, as well as their particularities in the field of tourism lead us to formulating systematising proposals for the existing legal framework in the field of tourism. As a result of reviewing legal regulations of public administration applied to Romanian tourism activities, we observe that there are numerous legal regulations that embrace the field of tourism; moreover, according to an analysis of the nature of these regulations applied in tourism, we notice that it is particularly the state and the public authorities that have regulatory roles in tourism, more precisely the protection role against abnormalities and abuses caused in tourism and the role of developing tourism. We identify the flexibility and heterogeneity as being the important particularities of legal regulations in the field of tourism. We consider as opportune the proposal regarding the systematisation of the existing legal framework in the field of tourism, by creating and elaborating a “Code of tourism”, an instrument that shall re-unite the laws and regulations applicable to the tourist industry for an accessible and easy identification, both from the juridical and institutional points of view.

  15. 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

  16. A legal framework for a transnational offshore grid in the North Sea

    NARCIS (Netherlands)

    Müller, Hannah Katharina

    2015-01-01

    A legal framework for a transnational offshore grid in the North Sea Most North Sea states consider offshore wind energy as a substantial contributor towards reaching their renewable energy targets. With the increasing number of offshore wind farms and the increasing distance from shore, the questio

  17. 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 gl

  18. 'National Report: Eire' in Consular and Diplomatic Protection: Legal Framework in the EU Member States

    OpenAIRE

    2010-01-01

    PUBLISHED This Report contains the legal framework and national practice of Ireland on consular and diplomatic protection as of 31 May 2010. Ireland has few documents on the public record relating to practice in this regard. As will be seen, most of the Irish practice is contained in information circulars which are normally distributed only to Irish consular officials abroad.

  19. 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

  20. 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...

  1. Marcos sociales y jurídicos en la publicación de contenidos en los albores del siglo XXI/Social and legal frameworks in publishing content on the dawn of the twenty-first century

    National Research Council Canada - National Science Library

    Ricardo Casas Sánchez

    2016-01-01

    This article addresses the current social and legal frameworks that affect circulation and amplification of data, information and knowledge as an integral part of the process of capital accumulation...

  2. 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.

  3. Legal framework governing deceased organ donation in the UK.

    Science.gov (United States)

    Price, D P T

    2012-01-01

    Laws and policies governing the use of organs for transplantation are evolving rapidly in response to sensitivity to ethical concerns and increasing shortages of transplantable organs. They are necessarily becoming increasingly detailed and complex. Professional practice will be enhanced by clear statements of current provisions, and the debates accompanying their formulation and evolution. This is necessarily a highly selective contribution, with focus on what are perceived to be the most critical items affecting contemporary deceased donation, apart from the meaning of death itself.

  4. Affirmative Action in Higher Education: A Current Legal Overview.

    Science.gov (United States)

    Alger, Jonathan

    Legal challenges to affirmative action continue in a variety of contexts within higher education, creating confusion and uncertainty for colleges and universities. This paper examines cases brought in federal court, although other complaints related to affirmative action programs have been filed in state courts and with the U.S. Department of…

  5. 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

  6. 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.

  7. 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.

  8. 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.

  9. Estado actual del marco legal argentino para la caza, producción y comercialización del Lagarto overo (Tupinambis spp. Current state of the Argentine legal framework for the hunting, production and commercialization of the Tegu lizard (Tupinambis spp

    Directory of Open Access Journals (Sweden)

    C.P Basso

    2005-12-01

    framework and the documentation to be carried out by exporters. Tupinambis Project, from the National Program for the Management and Sustainable Use of Wild Species is a fundamental tool for the rational use of this species. The existence of numerous guidelines and regulations, the overlapping of most of them, together with the overlapping of the authorities in charge of their application, determine the convenience of creating unified global guidelines, more complete, simple and clear which would allow the development of a technologically and economically efficient production, sustainable in the ecological environment. This makes necessary a review and a proposal for the creation of new regulations which would fit current needs.

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

    National Research Council Canada - National Science Library

    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...

  11. Urgency for Legal Framework on Drones: Lessons for Indonesia, India, and Thailand

    Directory of Open Access Journals (Sweden)

    Ridha Aditya Nugraha

    2016-08-01

    Full Text Available Civilian drones are revolutionizing the skies, ushering in several beneficial possibilities and along with it several questions. From checking damage to a roof and aerial photography to border patrolling and emergency response, drones are increasingly put to civil and commercial use. Such a common use requires regulation. Technology has always grown exponentially, whereas the law governing such technology has to contend with such growth. Developed western countries are not the only ones grappling with reigning in these drones. The unique geographic conditions and national interests of Indonesia, India, and Thailand, find more utility for civilian drones, welcoming in the technology and the disruption it brings along. Each of these nations has adopted a measure of regulation for civilian usage of drones, which is the subject of this paper; An overview of its impact on this burgeoning phenomenon is provided, by comparing the existing legal framework in these three countries. Further, an attempt has been made to draw out suggestions for the Governments by highlighting factors that will require more deliberation in the process of establishing a sound legal and regulatory environment for civilian drones. Finally, the possibility of regional co-operation in establishing uniform standards, practices, and legal framework is explored.

  12. Solar panel highlighted. Developing a legal framework; Het zonnepaneel belicht. De ontwikkeling van een juridisch kader

    Energy Technology Data Exchange (ETDEWEB)

    Nierop, S.C.A. [Rijksuniversiteit Groningen RUG, Groningen (Netherlands)

    2012-09-15

    In the Netherlands, there is a high potential for solar energy in the built environment. Next to enhancing the sustainability of energy production in general, the installation of solar panels also contributes to the realization of European targets. As these targets are legally binding, the Netherlands may face sanctions if they are unable to realize the targets. This contribution aims to map (part of) the legal framework of solar panels. Attention is paid to the installation of solar panels and more specifically to the sale of the energy produced by the solar panel. Finally, some general conclusions are drawn and points that have not been discussed so far are briefly touched upon in view of further development of the legal framework for solar panels. [Dutch] Zonne-energie in de gebouwde omgeving heeft grote potentie in Nederland. Naast een verduurzaming van de energieproductie in het algemeen, draagt de plaatsing van zonnepanelen ook bij aan het behalen van Europese doelstellingen. Aangezien deze doelstellingen juridisch bindend zijn, kunnen aan Nederland sancties worden opgelegd indien zij niet worden gehaald. Deze bijdrage beoogt (een gedeelte van) het juridische kader met betrekking tot zonnepanelen in kaart te brengen. De aandacht wordt gericht op de plaatsing van een zonnepaneel en meer specifiek op de verkoop van de door een zonnepaneel geproduceerde energie. Tenslotte worden enkele algemene conclusies getrokken en nog onbesproken punten kort aangestipt met het oog op een verdere ontwikkeling van het juridische kader inzake zonnepanelen.

  13. Continued challenges in the policy and legal framework for collaborative water planning

    Science.gov (United States)

    Tan, Poh-Ling; Bowmer, K. H.; Baldwin, C.

    2012-12-01

    SummaryWe consider the implementation of Australian water reform over the last two decades and into the future. Reform was to provide security for consumptive users and adequate rights for the environment. Overallocation, a key threat to both these aims, continues to challenge planners particularly in the Murray-Darling Basin and cannot be addressed without community support. We draw from four major studies to provide insights on how implementation needs to be underpinned by theory. From the perspective of institutional design for collaborative and sustainable water planning, seven major improvements are required: (1) Provision of detailed policy guidelines to support general legal requirements, particularly practical advice for interpreting and applying the precautionary principle. (2) Tools to identify and engage unorganised or neglected community sectors, for example Indigenous peoples and youth. (3) Procedural fairness and transparent decision making, to build confidence in reform; use of independent experts and visual tools to improve the quality of discussion and increase the acceptability of trade-offs. (4) Clearer documentation and language in planning, as more litigation is likely. (5) In accord with international literature, the development of comprehensive policy and legislative framework allowing a systems approach to consensus building, especially when the science is contested. (6) Information on exactly how much water is required and where, by capturing societal choices on environmental assets. (7) Planning for sustainable contraction where cutbacks to water use is required, as an additional strategy to the current emphasis on buying water or building infrastructure. In summary we advocate collaborative water planning processes to engender community confidence in planning.

  14. 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.

  15. 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.

  16. Ethical principles and legal requirements for pediatric research in the EU: an analysis of the European normative and legal framework surrounding pediatric clinical trials.

    Science.gov (United States)

    Pinxten, Wim; Dierickx, Kris; Nys, Herman

    2009-10-01

    The involvement of minors in clinical research is inevitable to catch up with the lack of drugs labeled for pediatric use. To encourage the responsible conduct of pediatric clinical trials in the EU, an extensive legal framework has been developed over the past decade in which the practical, ethical, legal, social, and commercial issues in pediatric research are addressed. In this article, the European legal framework surrounding pediatric clinical trials is analyzed from the perspective of the major ethical concerns in pediatric research. The four principles of biomedical ethics will be used as a conceptual framework (1) to map the ethical issues addressed in the European legal framework, (2) to study how these issues are commonly handled in competent adults, (3) to detect workability problems of these paradigmatic approaches in the specific setting of pediatric research, and (4) to illustrate the strong urge to differentiate, specify, or adjust these paradigmatic approaches to guarantee their successful operation in pediatric research. In addition, a concise comparative analysis of the European regulation will be made. To conclude our analysis, we integrate our findings in the existing ethical discussions on issues specific to pediatric clinical research.

  17. 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”.

  18. The Regulator and the Regulated: An Examination of the Legal Framework for Telecommunication in Nigeria

    Directory of Open Access Journals (Sweden)

    Tunde Otubu

    2013-12-01

    Full Text Available The prime objective of any technological revolution is to improve the quality of human life. This can be achieved by successfully assimilating these technological innovations into human society. Technological development in the information and communication technology has found its way into modern human societies for good. However in order to take the full advantage and benefits of this system there is the need to put in place a comprehensive legal and regulatory framework to engender the growth and development of the industry.This paper sets out to examine the legal and regulatory framework surrounding the business of telecom industry in Nigeria. It particularly scrutinizes the provision of the law establishing the National regulator vis a vis the service providers and the consumers of this telecom services. Such laws as the company Act, Nigeria communication Act, Criminal law, law of tort, planning Laws, Land Use act and other regulations tangential to the provision of telecom services in the country.In examining these laws the paper seeks to identify the lacunas, drawbacks and limitations existing in these regulations and proceeds to advance reform and recommendations towards the efficient administration and implementation of telecom laws in Nigeria in the overall benefit of the telecom business in Nigeria.

  19. Induced abortion in Thailand: current situation in public hospitals and legal perspectives.

    Science.gov (United States)

    Warakamin, Suwanna; Boonthai, Nongluk; Tangcharoensathien, Viroj

    2004-11-01

    Abortion is illegal in Thailand unless the woman's health is at risk or pregnancy is due to rape. This study, carried out in 1999 in 787 government hospitals, examined the magnitude and profile of abortion in Thailand, using data collected prospectively through a review of 45,990 case records (of which 28.5% were classified as induced and 71.5% as spontaneous abortions) and face-to-face interviews with a sub-set of 1854 women patients. The estimated induced abortion ratio was 19.5 per 1000 live births. Almost half the induced abortions were in young women under 25 years of age, many of whom had little or no access to contraception. Socio-economic reasons accounted for 60.2% of abortions. Serious complications were observed in almost a third of cases, especially following abortions performed by non-health personnel. Government physicians' current provision of induced abortion went beyond the provisions of the law in almost half of cases, most commonly for intrauterine death and for congenital anomalies. The paper proposes a framework for policy discussions of the grey areas of maternal and fetal indications leading to legal reform, in order to facilitate safe abortion. A recommendation to amend the abortion law has been proposed to the Ministry of Public Health and the Thai Medical Council.

  20. Current Algebra in the Path Integral framework

    CERN Document Server

    Cardenas, V H; Saavedra, J

    1998-01-01

    In this letter we describe an approach to the current algebra based in the Path Integral formalism. We use this method for abelian and non-abelian quantum field theories in 1+1 and 2+1 dimensions and the correct expressions are obtained. Our results show the independence of the regularization of the current algebras.

  1. Institutional and legal arrangements in the Nile river basin: suggestions to improve the current situation toward adaptive integrated water resources management.

    Science.gov (United States)

    Abdalla, Khalid Mohamed El Hassan

    2008-01-01

    A comparative study was conducted in this work in order to investigate the current situation in the Nile river basin (NRB) regarding the institutional and legal arrangements needed to support the adaptive integrated water resources management (AIWRM) strategy. Two similar river basins were selected to achieve this comparison and to introduce suggestions to reform the current situation in the basin. Before that, the ideal situation is investigated to be as a yardstick for the desired situation. The study indicated that the necessary AIWRM criteria may include regulatory as well as implementation organizations that support shared-vision reaching with its all necessary features (cooperation, stakeholders' participation, subsidiarity, and information and knowledge exchange). Thus the main features of the desired situations regarding AIWRM in river basins are stakeholders' participation, learning-driven ability, quick response to risks and uncertainties, and finally a legal framework that could support these criteria. Although the AIWRM criteria seem to be satisfied in NRB, the basin lacks the necessary regulatory institutions as well as the legal framework. According to this, this study recommends to reform the current situation in NRB by creating regulator institutions (policy and decision making level) as well a legal framework to legitimate them.

  2. 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

  3. 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.

  4. The European and International legal framework on monitoring and response to oil pollution from ships.

    Science.gov (United States)

    Ferraro, Guido; Pavliha, Marko

    2010-03-01

    Oil spills cause damage to the marine environment. Such oil spills originate from land-based or sea-based sources. Sea-based sources are discharges coming from ships or offshore platforms. The origin of the pollution can be accidental or deliberate (defined also as operational). The European and international legislation in the field of monitoring and response to marine oil pollution is mainly based on the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 thereto (MARPOL 73/78) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS). To complete the international framework, and with specific reference for European Countries, also the recent European legislation is presented. Special attention is given to the prosecution of polluting vessels. The main legal problem is the coordination and integration of the two principles on jurisdiction which co-exist: the nationality of the ship and the geographical position of the ship.

  5. Analysis on Factors Influencing Development of Renewable Energy Within Legal Framework

    Institute of Scientific and Technical Information of China (English)

    2005-01-01

    This article systematically discusses supplementary rules and regulations required by the Renewable Energy Law. Based on the contents of the law, the interrelationships among various parts of the law is established and analyzed briefly in the form of flowchart. Several key factors are analyzed, such as understanding of developing renewable energy, methods of setting goals, electricity price fixing, completion time of making relevant regulations and setting relevant standards within the legal framework. It presents several suggestions on corresponding measures, including promoting by law, instituting rules and regulations in advance, planning scientifically, setting goals, taking local conditions into account, learning experience of other countries, reducing capital cost, establishing a mechanism of follow-up evaluation and revising in good time.

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

    Directory of Open Access Journals (Sweden)

    Raposo, Vera Lúcia

    2016-08-01

    Full Text Available 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 . 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.

  7. 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. PMID:27579146

  8. The Meaning of Law Through State in Legal Framework of “Rechtstaat”

    Directory of Open Access Journals (Sweden)

    Jeffry Alexander Ch. Likadja

    2015-04-01

    Full Text Available This research reviews the meaning of law through state in legal framework of “Rechtstaat” and how the implementation and implications for the liberty (peoples in Indonesia. The type of study was a normative research (doctrinal research by using existing conceptual approach. The outcomes of the research indicate that the Rule of Law is necessary to make the concept rechtstaat becomes more dynamic and able to deal with social changes in society and make the law more autonomous than other authorities such as political intervention. Furthermore, Implementation of freedom in the context of state law is interpreted narrowly and only considers justice can be done if the procedural law can be obeyed by all citizens. The main purpose of the application of the Rule of Law is the limitation of authority and power reduction obligations of citizens, so that it will produce a doctrine of jurisprudence based on the rights (right centered jurisprudence.

  9. 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.

  10. A legal framework to enable sharing of Clinical Decision Support knowledge and services across institutional boundaries.

    Science.gov (United States)

    Hongsermeier, Tonya; Maviglia, Saverio; Tsurikova, Lana; Bogaty, Dan; Rocha, Roberto A; Goldberg, Howard; Meltzer, Seth; Middleton, Blackford

    2011-01-01

    The goal of the CDS Consortium (CDSC) is to assess, define, demonstrate, and evaluate best practices for knowledge management and clinical decision support in healthcare information technology at scale - across multiple ambulatory care settings and Electronic Health Record technology platforms. In the course of the CDSC research effort, it became evident that a sound legal foundation was required for knowledge sharing and clinical decision support services in order to address data sharing, intellectual property, accountability, and liability concerns. This paper outlines the framework utilized for developing agreements in support of sharing, accessing, and publishing content via the CDSC Knowledge Management Portal as well as an agreement in support of deployment and consumption of CDSC developed web services in the context of a research project under IRB oversight.

  11. 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

  12. 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

  13. 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.

  14. 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.

  15. 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

  16. 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...

  17. 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

  18. Marcos legais da propaganda de medicamentos: avanços e retrocessos Legal frameworks of drug advertisement: progress and setbacks

    Directory of Open Access Journals (Sweden)

    Carolina Pires Araújo

    2012-01-01

    Full Text Available Desde o início da civilização brasileira, já existe divulgação de produtos farmacêuticos, sendo os medicamentos os preferidos dos anúncios. A propaganda de medicamentos, enquanto estratégia persuasiva, pode representar risco sanitário, caso não se comprometa com a divulgação de informação correta e segura. Nesse sentido, várias são as tentativas de controle sanitário por parte do Estado, as quais parecem consolidar-se em embates de domínio ético e legal. Em busca de compreender o contexto que norteia a atual conjuntura da problemática sobre propaganda de medicamentos, o presente estudo traça um percurso histórico, a partir dos principais marcos legais: a Junta Central de Higiene (1851, a Lei de Vigilância Sanitária (1976 e a criação da ANVISA (1999. Identificou-se que os marcos acompanham o contexto estrutural do país, contribuindo para a consolidação do campo da regulação hoje.Since the beginning of Brazilian civilization, there is already disclosure of pharmaceutical drugs being the favorite of the ads. The advertising of medicines, while persuasive strategy, may represent health risk, if not compromised with the release of accurate and safe information. For that reason, there are several attempts at sanitary control by the state, which appears to be consolidated in the struggles of the ethical and legal domain. In seeking to understand the context that guides, the current situation of the drug advertising problem, this study provides a historical background, from the main legal frameworks: "Junta Central de Higiene" (1851, "Lei de Vigilância Sanitária" (1976 and the creation of "ANVISA" (1999. It was identified that milestone follows the country structural context, contributing to the consolidation of the regulation's field nowadays.

  19. 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.

  20. 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.

  1. [The adoption of Jardé law modifies the legal framework of clinical research in France].

    Science.gov (United States)

    Maillols-Perroy, Anne-Catherine; Tillet, Yves

    2012-01-01

    The Jardé law is adopted further to the Public Health Act No. 2004-806 which transposed into French law the Directive 2001/20/EC on clinical trials of medicinal products, made effective by the implementing Decree 2006-477 of April 26, 2006. The main novelty introduced by the Jardé law is to unify all "research organized and practiced on human beings for the development of biological or medical knowledge" and to facilitate its effective conduct, without however excluding from the scope of the law routine care and non-interventional research. The favorable opinion of the French Ethical Research Committee (comité de protection des personnes or "CCP") will now be required before launching any research on human beings, after validation of the risk/benefit ratio of said research. Applicable requirements and procedures - including information and consent - are adapted to each category of clinical research. New provisions are adopted to address special situations, previously forgotten. Finally, if Ethics committees were up until now freely chosen, they will, in two years' time, be randomly assigned. Thus, the Jardé law amends substantially the legal framework of clinical research in France. The question is whether these new national provisions will be compatible with those from the next revision of the so called "clinical trials" directive 2001/20/EC. In any case, the Jarde law will only come into force when all required implementing measures have been adopted.

  2. Some current legal issues that may affect oral and maxillofacial radiology: part 1. Basic principles in digital dental radiology.

    Science.gov (United States)

    MacDonald-Jankowski, David S; Orpe, Elaine C

    2007-06-01

    Developments in oral and maxillofacial radiology affect almost every aspect of dentistry: some change the legal framework in which Canadian dentists practise; some re-emphasize established standards of care, such as the dental radiologist's mantra, ALARA (using a dose that is as low as reasonably achievable) and viewing images in reduced ambient lighting. Developments in the legislation that regulates the use of radiology, such as Health Canada"s Safety Code 30 for radiation safety in dentistry and the Healing Arts Radiation Protection Act, also affect the practice of dental radiology. Some technical developments, such as charge-coupled devices and photostimulatable phosphors, are already well-known to the profession. Teleradiology, currently used in hospitals, but unfamiliar to most dentists (especially those working in urban communities), may soon have an impact on dentistry when it is used for Canada"s electronic health record, now under development. In this first of 2 articles about dental digital technology, we discuss the legal impact of developments in oral and maxillofacial radiology on dental practice and patient care.

  3. 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.

  4. 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

    2013-03-01

    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.

  5. A Panorama of Energy Development Under Legal Framework in Chile%智利的能源法制建设

    Institute of Scientific and Technical Information of China (English)

    姜海; 沙筱维

    2011-01-01

    Faced with increasing energy demand, the government of Chile is now making vigorous effort, through improving the energy situation and power structure, to promote the adjustment of its domestic energy structure, which is characterized by heavily depending on imported energy. Given the current energy situation in Chile, it is an ideal option to develop power energy and nuclear energy. While developing nuclear energy, it is imperative to establish a rational system for Chile, control the development of Uranium, and provide a legal framework for nuclear safety as well as for the energy development in Chile.%面对日益增长的能源需求,智利政府正积极地通过调整能源状况与电力构成以力促该国大量依靠进口的能源结构得以改善。智利的能源现实状况决定了发展核能是其较为理想的选择。在发展核能的同时,应该对智利的制度框架进行合理完善,对铀矿开采限制进行合宪性调整以及对核安全进行法律上的规范,从而建立起智利能源法体系。

  6. 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.

  7. Ethics, privacy and the legal framework governing medical data: opportunities or threats for biomedical and public health research?

    Science.gov (United States)

    Coppieters, Yves; Levêque, Alain

    2013-06-21

    Privacy is an important concern in any research programme that deals with personal medical data. In recent years, ethics and privacy have become key considerations when conducting any form of scientific research that involves personal data. These issues are now addressed in healthcare professional training programmes. Indeed, ethics, legal frameworks and privacy are often the subject of much confusion in discussions among healthcare professionals. They tend to group these different concepts under the same heading and delegate responsibility for "ethical" approval of their research programmes to ethics committees. Public health researchers therefore need to ask questions about how changes to legal frameworks and ethical codes governing privacy in the use of personal medical data are to be applied in practice. What types of data do these laws and codes cover? Who is involved? What restrictions and requirements apply to any research programme that involves medical data?

  8. 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.

  9. Comparative analysis of eu membership candidate countries legal economic framework (Ukraine, Georgia, Moldova

    Directory of Open Access Journals (Sweden)

    L.V. Zharova

    2015-06-01

    Full Text Available The aim of the article. The article represents the results of analytical review and comparative analysis of EU membership candidate countries legal economic framework for Ukraine, Georgia and Moldova. The aim of the research is to show opportunities and illuminate the gaps for timely fulfillment of obligation in framework of euro integration process. The results of the analysis. The choice of countries is determined by similarity of political, economic, and social conditions including, inter alia: 1 the aftermath of the global economic crisis; 2 political crisis; 3 threat to sovereignty and territorial integrity, including the risk of armed conflict (the unlawful annexation of the Crimea and Sevastopol and destabilization in the Eastern Ukraine; occupation of Abkhazia and South Ossetia in Georgia; and the Transnistria conflict in Moldova. Economic growth based on more efficient use of available scarce resources is the key to successful withstanding and overcoming these adverse factors. It implies that implementing the Association Agreement is closely linked with the transition toward a green economy. The comparative analysis determined some similarities in positive shifts for all countries. The following positive shifts characterizing the progress achieved by the countries can be highlighted: demonstration of proactive efforts toward meeting their commitments under the Association Agreement; existing policies, practices and programmes aiming to support the sustainable industrial and business development; reflection of the sustainable development and green economy issues in the official development strategies and their considering to be a priority; activation of effort to develop a system of specific indicators including those that can be used for measuring the efficiency of national policies; incorporation sustainable development objectives in the local development agendas and environmental action plans; taking active part in the international

  10. 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

  11. Current (2015) Professional Profiles of the Legal Translator in Greece: A Function-oriented Comparison

    OpenAIRE

    Krimpas, Panagiotis G.

    2015-01-01

    Like translation in general, and even law itself, legal translation is an interdisciplinary field. Legal linguistics (jurilinguistics), comparative law, general law, terminology, text-linguistics and pragmatics, all have a share in legal translation. The latter is generally viewed as a sort of technical translation (Venuti 1995: 41) and legal language as a technical language (Cao 1997: 18). Those who argue for its special status often claim that legal translation is the antipode of technical ...

  12. 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

  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. 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.

  15. Legal Aid in China——History, current conditions and future

    Institute of Scientific and Technical Information of China (English)

    LI HONGBO

    2007-01-01

    @@ Legal aid, also known as legal relief, is commonly adopted in many countries. In fact, it is an indispensable part of the legal system in a modem society ruled by law. It is an important guarantee for the fairness in the administration of justice and human rights relief.It is also an important mark of political civilization and social progress in a country.

  16. Social theory and current affairs: a framework for intellectual engagement.

    Science.gov (United States)

    Stones, Rob

    2014-06-01

    The paper aims to facilitate more adequate critical engagement with current affairs events by journalists, and with current affairs texts by audiences. It draws on social theory to provide the intellectual resources to enable this. The academic ambition is for the framework to be adopted and developed by social thinkers in producing exemplary critical readings of news and current affairs texts. To this end it is offered as a research paradigm. The paper situates its argument in relation to the wider literature in media and cultural studies, acknowledging the subtle skills required to appreciate the relative autonomy of texts. However, it draws attention to the lack of an adequate perspective with which to assess the frames, representations, and judgments within news and current affairs texts. To address this lacuna it proposes the conception of a social-theoretical frame, based on a number of meta-theoretical approaches, designed to provide audiences with a systematic means of addressing the status and adequacy of individual texts. Social theoretical frames can reveal the shortcomings of media framing of the contextual fields within which news and current affairs events take place. Two illustrative case studies are used to indicate the value and potential of the approach: the analysis of a short newspaper report of the return of protesters to Cairo's Tahrir Square in 2011, and a critique of four current affairs reports from various genres on the political turmoil in Thailand leading up to the clashes of May 2010.

  17. 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.

  18. 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.

  19. 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

  20. 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.

  1. 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.

  2. 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.

  3. 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.

  4. Child Labour in Bangladesh - An Analysis of Gaps and Weaknesses of the Existing Legal Framework

    OpenAIRE

    Norpoth, Johannes; Gross, Lukas; Aktar, Rahima

    2014-01-01

    Child labour, particularly in its worst forms, harms the health and general welfare of children. It is considered to be a decisive impediment to the development efforts of developing countries. Working children drop out of school early and the resulting comparative lack of knowledge and skills decreases their chances to find well-paid employment in the future. International legal documents, most prominently in the United Nations Convention on the Rights of the Child (UN CRC) and Conventions b...

  5. Mergers and Acquisitions in Russian Legal Framework and Their Impact on Economy

    Directory of Open Access Journals (Sweden)

    Mikhail I. Shkol'nik

    2013-01-01

    Full Text Available The article is concerned with different approaches to the notions “merger” and “acquisition” in legal science, analyses Russian practice and compares it with the foreign one and considers the impact of mergers and acquisitions on modern economy, as mergers and acquisitions are crucial for the modern corporate law. Potential benefits from company acquisition are obvious, but, in fact, the acquiring company loses its shareholder value in the course of transaction

  6. Critical aspects of therapy in the context of child care legal proceedings: an emerging framework

    OpenAIRE

    Davies, Michael Glyn

    2012-01-01

    During the last 10 years working intensively with families in the context of child-care legal proceedings I am struck by how their lives hinge precariously on the outcome of a professional's assessment of them. This is especially so with ‘experts’ who often act as final arbiters on a family’s viability by providing independent psychological, psychiatric or Social Work assessments. In some cases, during proceedings, a therapeutic issue often not previously known or considered viable can emerge...

  7. Right to health: (in congruence between the legal framework and the health system

    Directory of Open Access Journals (Sweden)

    Fernando Mitano

    2016-01-01

    Full Text Available Objective to discuss the right to health, incorporation into the legal instruments and the deployment in practice in the National Health System in Mozambique. Method this is a documentary analysis of a qualitative nature, which after thorough and interpretative reading of the legal instruments and articles that deal with the right to health, access and universal coverage, resulted in the construction of three empirical categories: instruments of humans rights and their interrelationship with the development of the right to health; the national health system in Mozambique; gaps between theory and practice in the consolidation of the right to health in the country. Results Mozambique ratified several international and regional legal instruments (of Africa that deal with the right to health and which are ensured in its Constitution. However, their incorporation into the National Health Service have been limited because it can not provide access and universal coverage to health services in an equitable manner throughout its territorial extension and in the different levels of care. Conclusions the implementation of the right to health is complex and will require mobilization of the state and political financial, educational, technological, housing, sanitation and management actions, as well as ensuring access to health, and universal coverage.

  8. Recognising Effective Legal Protection to People Smuggled at Sea, by Reviewing the EU Legal Framework on Human Trafficking and Solidarity between Member States

    Directory of Open Access Journals (Sweden)

    Matilde Ventrella

    2015-02-01

    Full Text Available The death toll of migrants at sea is on the increase. The EU and its Member States are not addressing the situation by widening the EU legal framework on human trafficking to persons smuggled at sea. People smuggled at sea are extremely vulnerable at the hands of their smugglers and suffer serious abuse of their human rights from their journeys through the desert, on the boats and when they reach their final destination. They become victims of human trafficking and they should not be neglected anymore by the EU and its Member States. However, all EU proposals lack of concreteness as Member States do not want to support and host migrants at sea on their territories. They are reluctant to launch solidarity between each other as requested by the Lisbon Treaty and by doing this, they are indirectly responsible for the death of many migrants at sea and for the abuse of their human rights. This article proposes alternatives to explore that could change the situation if Member States show their willingness to cooperate with each other.

  9. Authorship of scientific articles within an ethical-legal framework: quantitative model

    Directory of Open Access Journals (Sweden)

    Martha Y. Vallejo

    2012-12-01

    Full Text Available Determining authorship and the order of authorship in scientific papers, in modern interdisciplinary and interinstitutional science, has become complex at a legal and ethical level. Failure to define authorship before or during the research, creates subsequent problems for those considered authors of a publication or lead authors of a work, particularly so, once the project or manuscript is completed. This article proposes a quantitative and qualitative model to determine authorship within a scientific, ethical and legal frame. The principles used for the construction of this design are based on 2 criteria: a stages of research and scientific method involving: 1. Planning and development of the research project, 2. Design and data collection, 3. Presentation of results, 4. Interpretation of results, 5. Manuscript preparation to disseminate new knowledge to the scientific community, 6. Administration and management, and b weighting coefficients in each phase, to decide on authorship and ownership of the work. The model also considers and distinguishes whether the level and activity performed during the creation of the work and the diffusion of knowledge is an intellectual or practical contribution; this distinction both contrasts and complements the elements protected by copyright laws. The format can be applied a priori and a posteriori to the completion of a project or manuscript and can conform to any research and publication. The use of this format will quantitatively resolve: 1. The order of authorship (first author and co-author order, 2. Determine the inclusion and exclusion of contributors, taking into account ethical and legal principles, and 3. Percentages of economic rights for each authors.

  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. The legal framework governing waste utilisation in mining; Der rechtliche Rahmen der Abfallverwertung im Bergbau

    Energy Technology Data Exchange (ETDEWEB)

    Frenz, W. [RWTH Aachen (Germany). Lehr- und Forschungsgebiet Berg- und Umweltrecht

    2001-07-01

    Seen from the legal aspect, waste utilisation in mining is generally a very difficult issue, particularly as regards waste management law. Here it poses various problems which concern the fundamental principles of waste management law. These issues are increasingly coming under the influence of European law, which in its present state already imposes a very differentiated, absolutely binding regime on member states. Moreover, its demarcation between reutilisation and removal is decisive for the legal consequences that follow. Some Laender impose obligations to offer for sale or surrender as well as more stringent monitoring and proof requirements for hazardous wastes. EU member states also have more powerful rights of objection when it comes to the transboundary movement of waste destined for disposal. [German] Die Abfallverwertung im Bergbau ist insgesamt ein rechtlich sehr schwieriges Thema. Das gilt einmal in abfallrechtlicher Hinsicht. Hier werden verschiedene Probleme relevant, welche die Grundlagen des Abfallrechts betreffen. Das ist insbesondere die in diesem Bereich schwierige Abgrenzungsfrage zwischen Verwertung und Beseitigung. Mehr und mehr wird diese Problematik vom Europarecht gepraegt, welches bereits ein sehr differenziertes und fuer die Mitgliedstaaten verbindliches Abfallregime statuiert. Die Abgrenzung von Verwertung und Beseitigung entscheidet zudem ueber den Eintritt unterschiedlichster Rechtsfolgen. Fuer gefaehrliche Abfaelle bestehen in manchen Bundeslaendern Andienungs- und Ueberlassungspflichten und strengere Nachweis- und Ueberwachungsanforderungen. Im Rahmen der grenzueberschreitenden Verbringung von Abfaellen stehen den Mitgliedstaaten staerkere Einwendungsmoeglichkeiten zu, wenn es sich um Abfaelle zur Beseitigung handelt. (orig.)

  12. Land use agreemnts in Spain: Legal framework and degree of implementation

    Directory of Open Access Journals (Sweden)

    Luciana Silvestri

    2014-06-01

    Full Text Available Land Use Agreements are a recent legal entity aimed at promoting rural sustainable development, through which agricultural and livestock exploitation potential is sought in order to provide certain (non-traditional social and environmental functions which may further rural sustainable development. Agricultural and livestock exploitation is compensated in exchange of these positive externalities. Land Use Agreements have been born in Spain in the light of two different pragmatic aspects: under EU legislation as well as local regulations issued in connection with it, on the one hand, and, on the other, under strictly national regulations. For the time being, only six autonomous communities have had the courage to implement this type of agreement; however, in view of the new Royal Decree 1336/2011 which regulates land use agreement common foundations, wider coherence, efficiency and use of such tool is expected.

  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 Ad

  14. 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…

  15. 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

  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. 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

  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. Current status of obstetrics and gynecology resident medical-legal education: a survey of program directors.

    Science.gov (United States)

    Moreno-Hunt, Carey; Gilbert, William M

    2005-12-01

    To assess the level and type of medical-legal education offered to obstetrics and gynecology residents and medical students. All obstetrics and gynecology program directors (n = 252) were asked to complete a survey questioning the availability of, type of, and desire for medical-legal education within their programs. Seventy-eight percent of the program directors answered the survey with 86% reporting some degree of formal medical-legal education. The most common formats were didactic lectures (38%), grand rounds (30%), case conferences (19%), mock trials (9%), and other (4%). These sessions most commonly contained information on proper documentation (48%), testifying (25%), and giving a deposition (24%). The average number of sessions per year was 4.1 with a median of 3 sessions per year. Despite this high percentage of some formal education, 88% expressed an interest in pursuing other educational options on these topics. Most obstetrics and gynecology residency programs provide some form of medical-legal instruction to residents, but the small number of sessions suggests that this is inadequate. Residency programs may benefit from a larger and more formal resident education program on medical-legal issues.

  20. FORMATION OF SOCIAL AND LEGAL FRAMEWORK FOR REVIVAL OF TRADITIONAL ISLAMIC EDUCATION IN THE NORTH CAUCASUS

    Directory of Open Access Journals (Sweden)

    R. A. Khachidogov

    2016-01-01

    Full Text Available The article analyzes the legal establishment of the government in the field of Islamic education in the North Caucasus region. It is noted that the establishment of the Russian state did not bring any significant changes in the everyday life of Muslims of the North Caucasus. For the first time on "foreigners" of the state-level education has been fixed 26 March 1870 "Rules", which talked about the struggle "with a tribal organization and Mohammedan civilization, aimed at the Russification of early Muslims and their coalescence with the Russian people." The next step came Nov. 20, 1874 with the approval of the State Supreme Council, which introduced the system of Islamic education in the school accountability department. So finally implement a project of Russification of the Muslim community, which was the most negative factor hindering the mental development of children who are accustomed to speak the mother tongue. Even in 1838, in the report the Minister of War Chernyshev commander of a separate Caucasian Corps, General Golovin wrote that "it is necessary, wherever possible, to establish Muslim schools for the education of the clergy, through which you can act on the minds of the people." Caucasian leaders were in no hurry to close Muslim schools, trying to use them as centers of education spread. During the Caucasian War, the Russian government is trying to pursue such a policy among the Muslims, which would cause the sympathy not only among the common people, but also among the educated elite of the Muslim community in order to drag her to his side. December 18, 1848 Nicholas I approved the "Regulations on the Caucasian school district and the school district, his subordinate", in which the military gymnasium in Ekaterinodar started teacher "Mohammedan law." In 1853 Muslim students of military schools of the empire received an official entitled to exemption from the training sessions in the days of religious feasts and fasts.

  1. Do smartphone applications in healthcare require a governance and legal framework? It depends on the application!

    Science.gov (United States)

    Charani, Esmita; Castro-Sánchez, Enrique; Moore, Luke S P; Holmes, Alison

    2014-02-14

    The fast pace of technological improvement and the rapid development and adoption of healthcare applications present crucial challenges for clinicians, users and policy makers. Some of the most pressing dilemmas include the need to ensure the safety of applications and establish their cost-effectiveness while engaging patients and users to optimize their integration into health decision-making. Healthcare organizations need to consider the risk of fragmenting clinical practice within the organization as a result of too many apps being developed or used, as well as mechanisms for app integration into the wider electronic health records through development of governance framework for their use. The impact of app use on the interactions between clinicians and patients needs to be explored, together with the skills required for both groups to benefit from the use of apps. Although healthcare and academic institutions should support the improvements offered by technological advances, they must strive to do so within robust governance frameworks, after sound evaluation of clinical outcomes and examination of potential unintended consequences.

  2. Right to Freedom of Speech and Expression (constitutional legal framework and Constitutional Court practice in the Republic of Croatia

    Directory of Open Access Journals (Sweden)

    Mato Arlović

    2016-05-01

    Full Text Available This paper analyses the connection and inter relationship of freedom as the highest value of constitutional order of the Republic of Croatia and the highest ideal of contemporary democracy and constitutional state with the right to freedom of speech and expression. By analysing that interrelationship, the intention to confirm the thesis that the right to freedom of speech and expression is just one (albeit very importanthuman right and fundamental freedom arises. It has been extracted from freedoms as the highest value and as one which is always returned to in such a way that affects the scope and content of it being achieved in relation to the imagined ideal of freedom and the given reality. The right to freedom of speech and expression is analysed as just one of the fundamental supports for building a democratic society of rule of law and Constitution. In this context, the function of the indispensable condition for achieving other human rights and fundamental freedoms is also analysed. Furthermore, it is considered as a right within which, through its content, includes a range of other rights and freedoms. It should be considered from a theoretical viewpoint as a so called legal construction. This paper analyses the constitutional legal framework in the Republic of Croatia related to the right to freedom of speech and expression. In that analysis, particular attention is given to the subject, content and characteristics of the right to freedom of speech and expression and the practice of European Court of Human Rights and the Constitutional Court of the Republic of Croatia which protect this right.

  3. Current Legal Trends Regarding Abortions for Minors: A Dilemma for Counselors.

    Science.gov (United States)

    Talbutt, Lou Culler

    1983-01-01

    Reviews court cases dealing with abortion and the counselor's legal responsibility to both the student and parents. Provides practical recommendations on abortion counseling with minors and suggests that counselors urge minors to discuss abortion plans with parents. Counselor should consider local mores and be knowledgeable about appropriate…

  4. Current Legal Trends Regarding Abortions for Minors: A Dilemma for Counselors.

    Science.gov (United States)

    Talbutt, Lou Culler

    1983-01-01

    Reviews court cases dealing with abortion and the counselor's legal responsibility to both the student and parents. Provides practical recommendations on abortion counseling with minors and suggests that counselors urge minors to discuss abortion plans with parents. Counselor should consider local mores and be knowledgeable about appropriate…

  5. Socio-legal regulation of family relations: current status and prospects for development

    Directory of Open Access Journals (Sweden)

    Ludmila Saenko

    2013-04-01

    Full Text Available The crisis of the traditional family becomes important research methods and techniques of social regulation of family relations in contemporary reality. Particular attention is paid to the legal regulation of having the author's opinion the fundamental nature of the general system of social regulation, its value in the preservation of traditional moral family values.

  6. Corneal Transplants - an overview with an emphasis on legal aspects and current scenario in Mauritius

    Directory of Open Access Journals (Sweden)

    Dr. Arun Kumar Agnihotri

    2007-07-01

    Full Text Available A healthy cornea is an essential component of clear vision. Any condition that distorts the clarity of the cornea to a greater extent has to be treated by keratoplasty. This article discusses by large about the various aspects of corneal transplants like modes of storage and their legal aspects with an emphasis on the scenario in Mauritius.

  7. Current legal and institutional issues in the commercialization of phosphoric acid fuel cells

    Science.gov (United States)

    Nimmons, J. T.; Sheehy, K. D.; Singer, J. R.; Gardner, T. C.

    1982-01-01

    Legal and institutional factors affecting the development and commercial diffusion of phosphoric acid fuel cells are assessed. Issues for future research and action are suggested. Perceived barriers and potential opportunities for fuel cells in central and dispersed utility operations and on-site applications are reviewed, as well as the general concept of commercialization as applied to emerging energy technologies.

  8. 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

  9. 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.)

  10. Ethical, legal, and social aspects of farm animal cloning in the 6th Framework Programme for Research.

    Science.gov (United States)

    Claxton, John; Sachez, Elena; Matthiessen-Guyader, Line

    2004-01-01

    Cloned livestock have potential importance in the provision of improved medicine as well as in the development of livestock production. The public is, however, increasingly concerned about the social and ethical consequences of these advances in knowledge and techniques. There is unevenness throughout Europe in different Member States' attitudes to research into livestock cloning. Although there is EU legislation controlling the use of animals for research purposes, there is no legislation specifically governing cloning in livestock production. The main EU reference is the 9th Opinion of the European Group on Ethics, which states "Cloning of farm animals may prove to be of medical and agricultural as well as economic benefit. It is acceptable only when the aims and methods are ethically justified and when carried out under ethical conditions." The ethical justification includes the avoidance of suffering, the use of the 3Rs principle and a lack of better alternatives. The Commission addresses these issues in the 6th Framework Programme by promoting the integration of ethical, legal and social aspects in all proposals where they are relevant, by fostering ethical awareness and foresight in the proposals, by encouraging public dialogue, and by supporting specific actions to promote the debate. Research must respect fundamental ethical principles, including animal welfare requirements.

  11. New Legal Platform for Intellectual Property in the EU

    Institute of Scientific and Technical Information of China (English)

    Guo Yan

    2010-01-01

    @@ With improving the importance on the intellectual property in China,China and EU have made effort together for helping users find and access legal resources on the current legislative framework of intellectual property(IP)protection and enforcement.

  12. The legal framework to manage chemical pollution in India and the lesson from the Persistent Organic Pollutants (POPs).

    Science.gov (United States)

    Sharma, Brij Mohan; Bharat, Girija K; Tayal, Shresth; Nizzetto, Luca; Larssen, Thorjørn

    2014-08-15

    India's rapid agro-economic growth has resulted into many environmental issues, especially related to chemical pollution. Environmental management and control of toxic chemicals have gained significant attention from policy makers, researchers, and enterprises in India. The present study reviews the policy and legal and non-regulatory schemes set in place in this country during the last decades to manage chemical risk and compares them with those in developed nations. India has a large and fragmented body of regulation to control and manage chemical pollution which appears to be ineffective in protecting environment and human health. The example of POPs contamination in India is proposed to support such a theory. Overlapping of jurisdictions and retrospectively approached environmental policy and risk management currently adopted in India are out of date and excluding Indian economy from the process of building and participating into new, environmentally-sustainable market spaces for chemical products. To address these issues, the introduction of a new integrated and scientifically-informed regulation and management scheme is recommended. Such scheme should acknowledge the principle of risk management rather than the current one based on risk acceptance. To this end, India should take advantage of the experience of recently introduced chemical management regulation in some developed nations.

  13. 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

  14. 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

  15. 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.

  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. 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.

  18. An Exposition of Current Mobile Learning Design Guidelines and Frameworks

    Science.gov (United States)

    Teall, Ed; Wang, Minjuan; Callaghan, Vic; Ng, Jason W. P.

    2014-01-01

    As mobile devices with wireless access become more readily available, learning delivered via mobile devices of all types must be designed to ensure successful learning. This paper first examines three questions related to the design of mobile learning: 1) what mobile learning (m-learning) guidelines can be identified in the current literature, 2)…

  19. An Exposition of Current Mobile Learning Design Guidelines and Frameworks

    Science.gov (United States)

    Teall, Ed; Wang, Minjuan; Callaghan, Vic; Ng, Jason W. P.

    2014-01-01

    As mobile devices with wireless access become more readily available, learning delivered via mobile devices of all types must be designed to ensure successful learning. This paper first examines three questions related to the design of mobile learning: 1) what mobile learning (m-learning) guidelines can be identified in the current literature, 2)…

  20. New channels of distribution for electric power according to the EEG photovoltaic amendment 2012? Legal framework for the commercialization and self-consumption; Neue Absatzwege fuer Strom nach der EEG-Photovoltaiknovelle 2012? Rechtlicher Rahmen fuer Vermarktung und Selbstverbrauch

    Energy Technology Data Exchange (ETDEWEB)

    Oppen, Margarete von [Sozietaet Geiser und von Oppen Partnerschaft, Berlin (Germany); Hochschule fuer Wirtschaft und Recht Berlin (Germany). Umwelt- und Umweltenergierecht

    2012-09-15

    On 29th March 2012, the German Bundestag passed a law amending the regulatory framework for electricity from solar radiation and other amendments to the renewable energy law. On 23th August 2012, the amended EEG 2012 (EEG = Renewable Energy Law) becomes effective retroactively from 1st April 2012. The primary target of the current amendment is to reduce significantly the promotion by means of various mechanisms. Increasingly the question arises of other forms of distribution channels in order to sell the power to the feed-in tariff to grid operators. From this perspective, the author of the contribution under consideration reports on the legal framework for the commercialization and self-consumption of green electricity (especially solar energy) in terms of the photovoltaic amendment.

  1. The current landscape for direct-to-consumer genetic testing: legal, ethical, and policy issues.

    Science.gov (United States)

    Hogarth, Stuart; Javitt, Gail; Melzer, David

    2008-01-01

    This review surveys the developing market for direct-to-consumer (DTC) genetic tests and examines the range of companies and tests available, the regulatory landscape, the concerns raised about DTC testing, and the calls for enhanced oversight. We provide a comparative overview of the situation, particularly in the United States and Europe, by exploring the regulatory frameworks for medical devices and clinical laboratories. We also discuss a variety of other mechanisms such as general controls on advertising and consumer law mechanisms.

  2. 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

  3. [Autopsies in Switzerland, Germany and Austria: considerations about legal facts and the current situation].

    Science.gov (United States)

    Tag, B

    2011-11-01

    Significant reasons militate for the implementation of clinical autopsies: On the part of physicians and nurses, there is quality assurance, establishment of legal certainty regarding possible accusations of medical errors and development of treatment methods. On the part of patients and their relatives, there is consolation and relief in cases of unexpected death, insight into genetic dispositions and insurance law concerns, to name only a few. However, a continuing decrease of clinical autopsies can be observed in Switzerland, Germany and Austria. The thesis asserting that the often required informed consent of the deceased during his/her lifetime or of close relatives is a crucial reason for this decrease needs to be called into question due to recent studies. Mainsprings are rather structural reasons, such as the often deficient communication with the patient or close relatives, economic reasons, namely the frequently insufficient remuneration for the clinical autopsy, organizational causes, in particular the repeatedly encountered suboptimal collaboration between the individual departments and the pathology department, the high administrative effort and probably the decreasing appreciation of the clinical autopsy.

  4. Marketing of research institutes in view of current organizational and legal regulations

    Directory of Open Access Journals (Sweden)

    Anna Slotorsz

    2013-03-01

    Full Text Available The paper aims to describe in a synthetic way some issues related to the marketing activity of R&D organizations in view of legal acts regulating the functioning of the state owned R&D organizations. The authors have analyzed some regulations related to research institutes and their activities, regulations specifying criteria and procedures of granting of a scientific category to a R&D unit as well as principals of financing of the science and regulations related to the operations of certifying units. Basing on this analysis the authors have elaborated a set of marketing goals of the R&D organizations, a list of their stakeholders and of specific marketing tools both accessible in view of the rules and regulations in force and effective from the point of view of parametric evaluation of the R&D organizations. Among the analyzed tools there are the following: issues related to publications, organization of conferences, seminars and popularizing events, organization of education and training courses, internal policies related to intellectual property protection, internal policies related to technology transfer, membership in international organizations and applied quality policies.

  5. CURRENT CRIMINAL-LEGAL ISSUES OF QUALIFICATION OF A CHILD SUBSTITUTION

    Directory of Open Access Journals (Sweden)

    Shishchenko E. A.

    2016-04-01

    Full Text Available Relevance of the chosen topic is caused by existence of disputable issues in qualification of the crime established in article 153 of the Criminal code of Russian Federation. Objective and subjective elements of corpus delicti of substitution of a child are analyzed in the article. The special attention is paid to the object of the crime, and also consideration of the concept «victim». In this article «mercenary and low motives» as a constructive feature of the subjective element of substitution of a child are considered, the most significant gaps in norms of the criminal legislation are analyzed and ways of their elimination are offered. Having investigated normative legal acts, court practice, foreign legislation and the existing theoretical developments, authors give their interpretation of article 153 of the Criminal code of Russian Federation. The authors express opinion about strengthening of the punishment for this crime. We consider important inclusion in corpus delicti of this crime such aggravating features as the act: «against two or more persons», «a group of persons by previous agreement or organized group», «a person using his official position», «a person who has a previous conviction for crime against a family and minors»

  6. Plata serviciilor ecosistemice: context legal și metode consacrate de evaluare, cu aplicație la păduri [Payments for ecosystem services: legal framework and classical evaluation methods, with an applications to forests

    Directory of Open Access Journals (Sweden)

    Drăgoi M

    2016-08-01

    Full Text Available This review attempts to present the most important problems raised by ecosystem services evaluation, together with the juridical framework needed for endorsing a long run system of payments. In Romania the legal framework wherein the payments for ecosystem services shall be implemented has been created by the all three Forest Acts adopted by the Parliament since 1996 and the article highlights the pitfalls of the legal provisions referring to these payments. The key-word of the two law articles referred to by the study is the fair price of the ecosystem services, a price which cannot be captured by the market since such a market doesn’t exist neither in Romania nor in other similar countries. Another important issue we have brought into discussion is the inappropriateness of any system of payments in the context of illegal cuttings, simply because the opportunity costs that shall be compensated doesn’t exist when illegal cuttings occur. Some methodological details are also presented in order to demonstrate that a fair price always depends on the context of evaluation and the statistical imprecision is inherent as long as the any evaluation is carried out on sample of data. However these monetary assessments can be used as economic arguments in any public debate or bargain between ecosystem services providers and users.

  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. ANÁLISIS DEL MARCO LEGAL EN COLOMBIA PARA LA IMPLEMENTACIÓN DE PRÁCTICAS DE BIOPROSPECCIÓN Analyse Of The Legal Framework In Colombia For Implementation Of Bioprospecting Practices

    Directory of Open Access Journals (Sweden)

    OSCAR DUARTE

    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.

  9. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

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

    Directory of Open Access Journals (Sweden)

    Yulia Hafizovna DAVYDOVA

    2015-01-01

    Full Text Available 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 «confiscation» of the child, which in accordance with the Family Code is replaced by the «restriction of parental rights». The article considers the cases when the guardianship and trusteeship bodies deprived parents of their children because of their «oppressive love» to the child or because they could not buy more «fashionable» clothes, and stresses the idea that it is inadmissible to deprive children of their family without serious reasons, such as a threat to their life or health. This issue must be given proper public attention; otherwise it can lead to destruction of the family. The article suggests various measures and recommendations for the reform of the judicial system and its adaptation for juveniles, including protection of the rights of disabled children and protection of children from alcohol, drug abuse, and violence. 

  11. 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

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

    OpenAIRE

    Bram Meyer; Tessa van Roomen; Eelke Sikkema

    2014-01-01

    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 ...

  14. 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.

  15. Marco normativo e indicadores de las bibliotecas públicas de México y Colombia Legal framework and indicators for public libraries in Mexico and Colombia

    Directory of Open Access Journals (Sweden)

    Federico Hernández Pacheco

    2012-12-01

    Full Text Available Se presentan los resultados de una investigación exploratoria a través de un estudio comparado para conocer la situación de las bibliotecas públicas en México y Colombia. Se exponen los antecedentes y el marco conceptual, los comparativos de datos socio-demográficos, legales y normativos, las estructuras bibliotecarias y la información de estadísticas e indicadores generados en cada uno de estos países. Además, se considera una propuesta del Programa Iberoamericano de Cooperación en Bibliotecas Públicas (PICBIP para un sistema de indicadores de gestión mínimos para las bibliotecas públicas de Iberoamérica, se presentan conclusiones de este estudio y recomendaciones sobre las líneas de investigación a seguir.A report of the results of a comparative study of public libraries in Mexico and Colombia is provided in this paper, which examines the respective backgrounds and operative rules; legal and theoretical frameworks, as well as the statistical indicators of the libraries in each country. The paper also examines the minimal management indicators for public libraries developed by the Iberian-American Program for Cooperation in Public Libraries (PICBIP, by its Spanish acronym , followed by conclusions and recommendation for further research.

  16. Pollution of the Marine Environment by Dumping: Legal Framework Applicable to Dumped Chemical Weapons and Nuclear Waste in the Arctic Ocean

    Directory of Open Access Journals (Sweden)

    Lott, Alexander

    2016-06-01

    Full Text Available The Arctic seas are the world’s biggest dumping ground for sea-disposed nuclear waste and have served among the primary disposal sites for chemical warfare agents. Despite of scientific uncertainty, the Arctic Council has noted that this hazardous waste still affects adversely the Arctic marine environment and may have implications to the health of the Arctic people. The purpose of this manuscript is to establish the rights and obligations of the Arctic States in connection with sea-dumped chemical weapons and nuclear material under international law of the sea, international environmental law and disarmament law. Such mapping is important for considering options to tackle the pollution to the Arctic ecosystems and because there seems to be yet no such analysis across the legal fields carried out. This paper aims first at identifying the scale and approximate locations of sea-disposed nuclear waste and chemical weapons in the Arctic Ocean. The analysis will further focus on ascertaining the possibilities to minimize their adverse effects on the Arctic marine environment under the applicable legal framework. It will be argued in this manuscript that due to the corrosion of the chemical weapons and nuclear material containers, recovering, rather than confining this hazardous waste might be counterproductive as it might cause a sudden and widespread release of chemical agents or radionuclides when surfacing. In this regard, carrying out an environmental impact assessment prior to each such remediation operation would be necessary to determine the most suitable technique for minimizing or eliminating pollution.

  17. Pollution of the Marine Environment by Dumping: Legal Framework Applicable to Dumped Chemical Weapons and Nuclear Waste in the Arctic Ocean

    Directory of Open Access Journals (Sweden)

    Lott, Alexander

    2015-06-01

    Full Text Available The Arctic seas are the world’s biggest dumping ground for sea-disposed nuclear waste and have served among the primary disposal sites for chemical warfare agents. Despite of scientific uncertainty, the Arctic Council has noted that this hazardous waste still affects adversely the Arctic marine environment and may have implications to the health of the Arctic people. The purpose of this manuscript is to establish the rights and obligations of the Arctic States in connection with sea-dumped chemical weapons and nuclear material under international law of the sea, international environmental law and disarmament law. Such mapping is important for considering options to tackle the pollution to the Arctic ecosystems and because there seems to be yet no such analysis across the legal fields carried out. This paper aims first at identifying the scale and approximate locations of sea-disposed nuclear waste and chemical weapons in the Arctic Ocean. The analysis will further focus on ascertaining the possibilities to minimize their adverse effects on the Arctic marine environment under the applicable legal framework. It will be argued in this manuscript that due to the corrosion of the chemical weapons and nuclear material containers, recovering, rather than confining this hazardous waste might be counterproductive as it might cause a sudden and widespread release of chemical agents or radionuclides when surfacing. In this regard, carrying out an environmental impact assessment prior to each such remediation operation would be necessary to determine the most suitable technique for minimizing or eliminating pollution.

  18. 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.

  19. Policy and legality in the United Kingdom and America (1850-1925: the consolidation of a common discriminatory framework

    Directory of Open Access Journals (Sweden)

    Luciana L. Contarino Sparta

    2015-12-01

    Full Text Available The intensification of long distance migration movements during late 19th century gave birth to legislation that restricted entry into the United Kingdom, one of the main immigration- receiving countries. Nevertheless, underpopulated American states eager for immigrants also developed restrictive legal regulations. Although the acceptance or rejection of immigrants has been related to fluctuating labour demand, it is also true that they became desirable or undesirable according to cultural and national stereotypes. This position implied looking with disdain at the contributions from people who did not belong to Western civilization. In fact, racialized archetypes were constructed in order to invisibilise those sectors of the population, which began to be considered “minorities”.

  20. The legal framework for biodiversity protection: on purpose of the moratorium on the entry of living modified organisms (LMOs

    Directory of Open Access Journals (Sweden)

    Alfredo Maraví Contreras

    2014-07-01

    Full Text Available This article addresses the regulatory framework of biodiversity in Peru, and the scope of the recent 10-year moratorium on the entry of LMOs. The review and analysis of the arguments that justified the establishment of the moratorium is also discussed in this article.

  1. Never let me go: science fiction and legal reality

    Directory of Open Access Journals (Sweden)

    J.H. de Villiers

    2011-07-01

    Full Text Available This article offers a law and literary perspective on Kazuo Ishiguro‟s novel „never let me go‟. The article engages with the existentialist themes of the novel and examines various medicolegal issues pertaining to cloning and organ transplants. By examining the contemporary social and legal framework, the article exposes the inadequacies of the current (legal approach to organ donations, and advances an alternative approach that balances personal autonomy, free choice and the right to self determination.

  2. Potential Ambiguity Translation Performances within Legal Language Institutional Nomenclature

    OpenAIRE

    Oţăt Diana

    2015-01-01

    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. inad...

  3. 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

  4. 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.

  5. 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.

  6. 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

  7. A Human right to water while the well runs dry: analyzing the legal and regulatory framework of Yemen water law

    NARCIS (Netherlands)

    van Rijswick, H.F.M.W.; Misiedjan, D.J.E.; Tjen A Kwoei, Alberto

    2015-01-01

    Yemen is currently in the midst of great unrest. Amongst many different conflicts there is one that receives less attention than others, that of water. Yemen is expected to be the first country in the world to run out of water. By 2025 the estimated 4.2 million inhabitants of Yemen’s capital, Sana’a

  8. 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

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

    Science.gov (United States)

    Tess, Beatriz Helena; Aith, Fernando Mussa Abujamra

    2014-11-01

    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.

  10. 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.

  11. 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.

  12. Protection of the Human Right to Water Under International Law - The Need for a New Legal Framework

    Directory of Open Access Journals (Sweden)

    Jordan Daci

    2012-06-01

    Full Text Available The social sciences have inherited a not so clear relationship with the social politics throughout the history. At the first moment the concept of social sciences came into use in the 19th century the first organizations that were promoting them were not located in the universities. They were located in the Public Sector. They brought into the scenery not only professional of the area, but also politicians, clerics and businessmen. The main objective was the promoting of the reforms that consider the social politics able to improve the so defined social problems. These associations thought that by collecting different kind of data regarding these problems they would reach a clear insight on the directions the state should follow in the framework of different politics and reforms. As a result, the national research capacity is of the highest importance to the ability of a state to invent and implement successfully its politics based on evidences that concern and come as a reaction to the concerns and issues of the social problems as a whole. In this article I will be presenting first of all an overview of the scientific research in Albania in the area of the social sciences by pointing out the main areas that deserve to be the prior ones in the contest of developing activities that aim the implementation of the research in Social Sciences. Also, a great number of Institutions has been contacted with the aim of receiving official information and data on the functioning and on the potential problems that can be faced during the research processes. These institutions have been selected based on their involvement at the area of the scientific research of the social sciences. At first this will involve the policy makers at the central level, like the Ministry of Education and Sciences and the main research actors in the public and in the private sector. The criteria of the geographical and the subjects coverage has been also used in order to be able

  13. 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;

    2016-01-01

    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.......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...... 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...

  14. [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.

  15. LEGAL CONSCIOUSNESS AND LEGAL CULTURE

    OpenAIRE

    BOSHNO SVETLANA

    2016-01-01

    This chapter of the course manual in jurisprudence discloses the notion of legal consciousness. Comprehending law, legislation, principal state and legal institutes manifests itself in law enforcement. One shouldn't absolutize the role of legislation as it is, since it is only after texts of normative acts go through the prism of legal consciousness of the actor's personality, they convert into some behaviour patterns. Legal consciousness has a definite structure, it is divided into levels. L...

  16. How International is the European Legal Order?

    OpenAIRE

    Besson, Samantha

    2012-01-01

    As Kaarlo Tuori has often emphasized, one of the most important challenges the current legal reality in Europe raises for legal theory lies in the integration of autonomous legal orders applying directly to the same people, hence the impact of this European brand of legal pluralism on traditional legal theories. Indeed, as I have argued elsewhere, what is needed in European legal theory is not only a translation of national concepts into European ones to avoid the dangers of rigid statism and...

  17. 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

  18. 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.

  19. Discussion on Current Situation of China's Environmental Legal System Construction%论我国的环境法制建设现状

    Institute of Scientific and Technical Information of China (English)

    杨露

    2012-01-01

    介绍了我国经济发展所导致的环境问题及环境保护、环境立法的重要性,并论述了我国现行环境法律体系中存在的亟待解决的问题以及环境执法中存在的不到位现象,指出现行环境法的改善迫在眉睫。%The environmental problems caused by the development of our national economy, the importance of environmental protection and environmental legislation were introduced. At the same time, the present China's current environmental legal system existing problems to be solved and the present environmental law implementation situation to be unable to reach the designated position were discussed. So the improvement of the current environmental law was imminent.

  20. 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

    2017-05-29

    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.

  1. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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...... 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....

  2. The dumping of industrial waste into the water treatment system in Lugo, Spain: legal framework and characterisation; Vertidos industriales al sistema de saneamiento de Lugo: marco legal y caracterizacion

    Energy Technology Data Exchange (ETDEWEB)

    Varela Novo, R.; Cancela Carral, M. A.; Fernandez-Couto Gomez, M. Del Pino

    2001-07-01

    This article summarises the legislation concerning the disposal of waste water and analyses all the treatments applied at the waste water treatment plant (WWTP). It also characterise the industrial waste reaching the WWTP in Lugo and specifies which types comply with the legal provisions and which fail to do so. finally, it examines the impact produced by each of the industrial sectors. (Author)

  3. [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

    2017-09-18

    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 < 0.001). In adult patients, the most common causes for consultation were acts of violence (20.4%) and domestic violence (10.1%). Among adults, significantly more women and fewer men were presented than expected (p = 0.001). There were only a small number of consultations of 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.

  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. 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...

  7. Euthanasia: the legal issues.

    Science.gov (United States)

    Chaloner, C; Sanders, K

    The legal status of euthanasia is frequently deliberated. It remains unlawful in Britain and advocates for a change in the law are vigorously opposed by those who argue that it should remain unchanged. An objective account, in which current law and arguments for and against change are exposed, is essential to inform the euthanasia debate. In this article the legal issues concerning euthanasia are examined and arguments raised by proposed changes in the law are considered.

  8. SUSCEPTIBILIDAD GENÉTICA AL CÁNCER: ALGUNAS CONSIDERACIONES BIOÉTICAS BAJO EL MARCO LEGAL VENEZOLANO GENETIC SUSCEPTIBILITY TO CANCER: SOME BIOETHICAL CONSIDERATIONS IN VENEZUELAN LEGAL FRAMEWORK

    Directory of Open Access Journals (Sweden)

    Carlos JG Flores-Angulo

    Full Text Available El cáncer es una enfermedad que se caracteriza por la proliferación rápida e incontrolada de las células. Existen varios factores de riesgo asociados, entre ellos, el hereditario tal vez sea el más importante, ya que, aunque el fenotipo tiene una gran dependencia de las condiciones ambientales, la base de la carcinogénesis es el daño genético no letal. En este sentido, el estudio de los marcadores genéticos de susceptibilidad adquiere capital importancia, ya que estos permiten identificar a los individuos con alto riesgo genético, estimar su pronóstico y respuesta al tratamiento, adquiriendo la medicina un carácter más predictivo y preventivo. No obstante, esto podría desencadenar problemas éticos de gran impacto, especialmente difíciles de solucionar en una sociedad carente de un marco legal adecuado. Es importante, así, realizar un análisis del Sistema Legal Venezolano (SLV que protege la información del genoma humano y sus repercusiones bioéticas. Para ello, se realizó una búsqueda e interpretación del marco normativo venezolano vigente, de publicaciones inherentes al cáncer, su susceptibilidad y tecnología diagnóstica. Las conclusiones derivadas son: 1 No es recomendable la oferta masiva de pruebas para la detección de riesgo genético debido a sus repercusiones psicosociales y laborales, 2 El desarrollo del SLV vinculado a la protección del genoma es bastante limitado, y 3 Es necesaria la adecuación del SLV al inminente desarrollo científico, para así controlar el impacto bioético de la información obtenida y garantizar el acceso a un asesoramiento genético, psicológico y legal, para así, establecer puntualmente el marco de responsabilidades.Cancer is a disease characterized by the rapid and uncontrolled growth of cells. There are various risk factors associated; one of them is the hereditary factor, which may be the most important, because, even though the phenotype has a great dependence on the

  9. 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: .

  10. 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...

  11. [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.

  12. 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…

  13. 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 EU

  14. The Development And Implementation Of A Concept To Permanent Reduction Of Noise Pollution In Production Taking Into Account The Legal And Economic Framework Conditions

    Science.gov (United States)

    Zaušková, Lucia; Czán, Andrej; Babík, Ondrej; Piešová, Marianna

    2015-12-01

    Article deals with the issue of reducing noise impact in real conditions of industrial production. The solution includes measurements and calculations of noise level the person is exposed to and developing proposals for effective reduction of noise levels at the specific workplace. When assessing noise levels and design to reduce it to an acceptable level we will consider the legal, safety and economic conditions.

  15. 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|info:eu-repo/dai/nl/110609913; Junginger, Martin|info:eu-repo/dai/nl/202130703; 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

  16. Did Legalized Abortion Lower Crime?

    OpenAIRE

    2001-01-01

    This paper examines the relationship between the legalization of abortion and subsequent decreases in crime. In a current study, researchers estimate that the legalization of abortion explains over half of the recent decline in national crime rates. The association is identified by correlating changes in crime with changes in the abortion ratio weighted by the proportion of the criminal population exposed to legalized abortion. In this paper, I use an alternative identification strategy. I an...

  17. 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.

  18. Legal Relations and Regulatory Framework of Investment for Fundamental Pension Fund in Personal Accounts%基本养老保险个人账户基金投资的法律关系架构及监管

    Institute of Scientific and Technical Information of China (English)

    刘军霞

    2014-01-01

    This paper is about the problem of investment for the fundamental pension insurance fund in personal accounts, from a legal point of view demonstrates the legitimacy of the Fund’ s investments, and in accordance with China’ s national conditions designed to fund investment objective system of legal relations and regulatory framework, principles and specific system.Legal obstacles to exclude personal account fund investments, provide reference for legislation.%本文针对基本养老保险个人账户基金投资问题,从法律角度论证了基金投资的正当性,并根据我国国情设计了基金投资的法律关系架构和监管的目标体系、原则和具体制度,以期排除个人账户基金投资的法律障碍,对立法提供借鉴。

  19. The Efficacy of the Legal Framework of Agricultural Charge as Secured Credit Transaction in the Economic Development of Nigeria in the 21st Century

    Directory of Open Access Journals (Sweden)

    Iwunze, V. I.

    2013-08-01

    Full Text Available Given the background of an underdeveloped agricultural sector and the huge amount of money government at all levels have at various times committed to the development of the sector in the form of agricultural loans to farmers, this article assesses the efficacy of agricultural charge as secured credit transaction in Nigeria. It shows that due to legal, institutional and attitudinal deficiencies, agricultural charge as secured credit transaction has failed to engender needed development of the agricultural sector particularly and the Nigerian economy generally. It concludes that if the present effort of government at diversifying the Nigerian economy, mainly in the direction of agriculture must yield results, a legal, social and economic environment that facilitates the use of farms as security for advances must prevail.

  20. [Euthanasia and other decisions at the end of life (Proposal for a more transparent terminology and some thoughts on the legal framework of medical treatment)].

    Science.gov (United States)

    Vadász, Gábor

    2010-10-24

    Indication of euthanasia is only one of several medical decisions at the end of life. Precise definition of this topic related to the clinical events happening around the sick-bed is not complete in the legal and medical literature. The present review attempts to classify the different end of life events with the aim of clarifying which of these do not belong to the concept of passive euthanasia. Euthanasia is not a legal category. The everyday expressions of active and passive euthanasia are simplifications, which cover actions of different purposes. Use of these in medical and legal literature can be confusing and misleading. We differentiate decisions at the end of life on basis of their purpose. Based on the definition and category of the Hungarian Doctors' Chamber, euthanasia is the act or the lack of action in order to mercifully shorten or end the life of a suffering fellow-man to help him. Concepts of active, passive and forced euthanasia are defined. The terms of indirect and intermediate euthanasia are not used in order to avoid misunderstanding. Help and participation of non-professionals in the implementation cannot be completely excluded from the concept of euthanasia, and we believe euthanasia is not merely related to doctors. We outline those medical decisions at the end of life which do not belong to the category of passive euthanasia, namely: withdrawal of ineffective and life sustaining treatments, letting go of the patient, contra-indication of therapy escalation, use of palliative therapy, pain-relieving treatment, compromise medicine, consideration of reanimation and choosing cost-effective therapy. We touch upon the subject of the living will, why it cannot be applied, and its relation to active and passive euthanasia. With reference to the legal regulation of life saving and life sustaining treatment, we deal with the expected spirit of medical legislation.

  1. Activity of the Government Mashinery of the Russian Federation on Formation of the CSTO Management Bodies and the Legal Framework of Their Activities

    Directory of Open Access Journals (Sweden)

    Gontar Sergey Mikhaylovich

    2014-03-01

    Full Text Available Conflicts connected with territorial and national contradictions took place in the neighbouring states of Russia, and on Russian territories, that led the Russian government to the need of associating with these states. Their common goal is to protect the sovereignty, to stabilize the military and political situation and to consolidate peace. In this connection the government launched activity aiming at the formation of collective security system. The author points out main stages of activity by government bodies of Russian Federation on establishing the CSTO (Collective Security Treaty Organization managing bodies and their legal base. The article describes basic stages of Russian government activity on the development of CSTO managing bodies. The author connects the beginning of CSTO managing bodies formation with the signing of Collective Security Contract and defines the role of the main documentation adopted in the context of CSTO. The article enlists the main difficulties arising in the process of establishing and developing the organization’s legal base and studies the key military and political operations which had influence on these processes. The author evaluates the activity of government machinery of the Russian Federation which allowed establishing the main legal base of managing bodies. As a result the conflicts between post-Soviet states were prevented and the tensions in collective security regions were reduced.

  2. Rethinking legal objectives for climate-adaptive conservation

    Directory of Open Access Journals (Sweden)

    Jan McDonald

    2016-06-01

    Full Text Available This paper examines conservation objectives in Australian law in the context of climate change. The rate of climate change and the scale and extent of its impacts on natural systems drive the need to re-evaluate current conservation objectives, from basic concept definitions, to overarching goals and values, to the way they are operationalized at all levels. We outline the case for reform of objectives in the legal framework for conservation and discuss three key strategies that would facilitate this transition: (1 acknowledgment in conservation law of system dynamism; (2 focus on ecosystem function, stability, and resilience; and (3 an explicit recognition that systems operate across multiple scales. Law reform is a slow process, but the potential of climate change to drive transformational changes means that urgent action is needed to overcome the limitations of current objectives and in the legal framework itself.

  3. 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

  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. PECULIARITIES OF ECONOMIC AND LEGAL REGULATION OF MICROFINANCE IN ARMENIA

    Directory of Open Access Journals (Sweden)

    Artak T. Yarazyan

    2015-01-01

    Full Text Available This article reveals the key features ofthe regulation of microfinance institutions (MFIs and microfinance services in the Republic of Armenia, through carefulanalysis of the legal framework. The article discusses the process of becomingmicrocredit regulatory laws and regulations, their current status and differences from the Russian experience. Particularattention is given to the Central Bank ofArmenia (CBA, as the sole regulator ofmicrofinance, which is responsible forlicensing, sets prudential standards andrequirements and regulates the executionof the latter.

  6. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study tw...

  7. 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

  8. 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.

  9. 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.

  10. 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.

  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. 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

    2017-09-18

    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.

  13. To Explore the Supervision and Legal System under the Framework of Public Health and Health Work%公共卫生框架下的卫生监督与法制工作探究

    Institute of Scientific and Technical Information of China (English)

    梅震

    2014-01-01

    One of the important contents of public health is the health supervision work, the development of public health in health supervision work in the continuous improvement and perfection are directly linked, and the hygiene supervision legal system work normaly is the main power source for the development of public health. In this paper, supervision and legal health work of public health under the framework of the research.%公共卫生事业的一个重要内容就是卫生监督工作,公共卫生事业的发展对卫生监督工作中的不断进步和完善有直接联系,而卫生监督法制工作的正常进行是公共卫生事业的发展的主要动力来源。本文主要对公共卫生框架下的卫生监督与法制工作进行探究。

  14. Improving the Regulatory Framework for the Legal Status of Applicants for International Protection in the Context of the implementation of Relocation Mechanisms

    Directory of Open Access Journals (Sweden)

    Tache Bocaneala

    2016-05-01

    Full Text Available The unprecedented refugee crisis facing the European Union, the impossibility of some Member States unable to cope and to process the massive flow of people on their borders and blocking the “Balkan Route” that moved towards the states where they wanted to reach, led the pressing need for putting in place new instruments to manage the situation. The mechanisms of relocating refugees, the principle of solidarity through quotas imposed on member states put to the authorities in these countries, implicitly in Romania, a number of issues with great difficulty in solving them. By the present study we have highlighted some of these issues in connection with the specific legal status of refugees resettled in other countries in Romania and any possible solutions to solve them.

  15. Framework agreements in public procurement

    DEFF Research Database (Denmark)

    Andrecka, Marta; Telles, Pedro

    2015-01-01

    Interview with Dr. Marta Andrecka, Postdoctoral Fellow at the Department of Law at the University of Aarhus, where she is currently working on a project called "Dealing with legal loopholes and uncertainties within EU public procurement law regarding framework agreements" sponsored by the Carlsberg...... Foundation. Before taking up her present position she carried out her doctoral research in Denmark and Australia and worked at law offices in both Poland and the UK. The topic for today’s talk is framework agreements, a relatively popular way of undertaking public procurement...

  16. "La relación género y cooperativa en el ordenamiento jurídico cubano. Una aproximación a su realidad y a sus perspectivas ante el proceso de perfeccionamiento del modelo económico en el país" (The gender and cooperative relationship in the Cuban legal system. An approach to its current situation and perspectives towards the improvement process of the country's economic model

    Directory of Open Access Journals (Sweden)

    Orisel Hernández Aguilar

    2012-01-01

    Full Text Available The aim of this study is to provide some comments about the current situation of the relationship the gender and the cooperative within the frameworks within which the cooperative develops in Cuba, as well as their potential in front to a legal regulation that implements an extension of such practices as part of the restructuring of the economic model provided in the Guidelines of the economic and Social Policy of the Party and the Revolution adopted by the sixth Congress of the Communist Party of Cuba to guide during the next years the changes undertaken by the country.

  17. 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.

  18. 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.

  19. 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.

  20. ECFA对海峡两岸区域金融合作的法律支撑分析%Analysis of the ECFA legal framework on both sides of the Strait regional financial cooperation

    Institute of Scientific and Technical Information of China (English)

    李本

    2012-01-01

    随着《海峡两岸经济合作框架协议》(ECFA)的签署,其对海峡两岸区域金融合作的法律支撑效应尽显。从法律定位角度分析,ECFA不仅涵盖两岸货物贸易、服务贸易(含金融服务),还涉及投资内容,完全符合世界贸易组织(WTO)认可的"深度PTA"特征。从金融合作的实质内容来看,ECFA在金融方面的全面渗透,广泛合作的态势对金融监管提出了严峻的挑战,要求两岸在监管方面也必须配套广泛性和协同性。截止目前,ECFA框架尚未达成解决解决争端的救济模式,但考虑以政治性、法律程序性混合机制公允、灵活解决争端应成为题中应有之义。%Along with the "Economic Cooperation Framework Agreement" ( ECFA ) signed on the two sides of the Taiwan Straits, the legal support effect of the regional financial cooperation is showing. From the legal position angle , ECFA covers not only trade in goods, trades in services ( include financial ) but also the content of the investment, in full compliance with the ap- proved by the WTO "deep PTA" feature. From the financial cooperation in light of the substantial content, ECFA in the financial aspects of the full penetration, extensive cooperation with the trend of financial supervision and proposed the stern challenge, re- quirement cross in the regulation must also be broad matching and coordination. The ECFA framework has not been reached to re- solve disputes relief pattern, but to consider political, legal procedure of mixing mechanism fair, flexible solutions to disputes shall become the proper meaning.

  1. 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.

  2. 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

  3. 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.

  4. Legal Review of Data Message and Transactions through E-Commerce within the Framework of E-Commerce Law of Iran

    Directory of Open Access Journals (Sweden)

    Ali Shirpour

    2016-06-01

    Full Text Available Economic transformation and development in Iran, now with the lifting of international sanctions and the countries desire to invest in Iran, and moving to a growing economic space with the reforms in the economic structure of the country, provides prosperity and mobility needs in this area. In this way, what is very important is revision of the common rules and policies in Iran. Amending in Attracting foreign investment law and Electronic Commerce legislation are obvious examples of this changes in the Iranian legal system. Insufficiency of existing laws and regulations in Iran on the one hand and the absence of financial rules governing the international trade On the other hand, and finally the existence of political - economic differences are considered as Barriers to electronic commerce. Amending all laws, regulations, byelaw and circulars and instructions that are somehow related to commerce and production and compatible with the specifications and requirements of electronic commerce, is essential. In this article, in addition to a brief description about the Electronic Commerce in the introduction, we will try to Examine the economic activities in the first and second parts of Electronic Commerce in this area and then examine the message data and its role in e-commerce, And in the end, the need for Amending and updating the e-commerce law will be discussed.

  5. 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

  6. 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

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

    Science.gov (United States)

    Taylor, Ronald C

    2010-12-21

    Bioinformatics researchers are now 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. Hadoop and the MapReduce programming paradigm already have a substantial base in the bioinformatics community, especially in the field of next-generation sequencing analysis, and such use is increasing. This is due to the cost-effectiveness of Hadoop-based analysis on commodity Linux clusters, and in the cloud via data upload to cloud vendors who have implemented Hadoop/HBase; and due to the effectiveness and ease-of-use of the MapReduce method in parallelization of many data analysis algorithms.

  8. Mississippi Curriculum Framework for Business and Office and Related Technology Cluster. Office Systems Technology (CIP: 52.0401--Administrative Assistant/Secretarial). Accounting Technology (CIP: 52.0302). Medical Office Technology (CIP: 52.0404--Medical Admin. Asst./Secretarial). Microcomputer Technology (CIP: 52.0490). Court Reporting Technology (CIP: 52.0405). Paralegal Technology (CIP: Paralegal/Legal Assistant).

    Science.gov (United States)

    Mississippi Research and Curriculum Unit for Vocational and Technical Education, State College.

    This document, which is intended for use by community and junior colleges throughout Mississippi, contains curriculum frameworks for four programs in the postsecondary-level business and office cluster (office systems, accounting, medical office, and microcomputer technologies) and two programs in the legal cluster (court reporting and paralegal…

  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. Risk assessment of GM trees in the EU: current regulatory framework and guidance

    Directory of Open Access Journals (Sweden)

    Aguilera J

    2013-04-01

    Full Text Available The use of genetically modified organisms - their release into the environment, import, and utilisation as food/feed or food/feed ingredients - is regulated in the European Union (EU. For placing onto the market, current legislations require a comprehensive and science-based risk assessment. This risk assessment (RA is performed by applicants and then evaluated by national authorities in close cooperation with the European Food Safety Authority (EFSA. The EFSA Panel on Genetically Modified Organisms (GMO has published a comprehensive set of guidance documents for applicants and risk assessors for the RA of GM plants (GMP, their products for food and/or feed use, and their cultivation. In those documents, the strategy and the criteria to conduct the assessment are explained, as well as the scientific data to be provided by the applicant. The assessment starts with the molecular characterisation of the GMP. If the GMP or products derived from it are to be consumed, the evaluation of its composition, potential toxicity and/or allergenicity, and nutritional value constitute further cornerstones of the process. The environmental risk assessment (ERA considers biotic and abiotic interactions and the impacts of the management of the GM plant when it is intended for cultivation. In the case of GM trees special emphasis would be placed on assessing their characteristic features such as their longevity, ability to disperse and their ecological significance in a range of environments. The outcome of the assessment is reflected in a published opinion from the EFSA GMO panel that indicates whether the GMP and its products raise any safety issues. This scientific opinion constitutes one of the elements taken into account by the different European regulatory authorities prior to a decision regarding authorisation to commercialise the product.

  11. 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

  12. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...

  13. Digital Audio Legal Recorder

    Data.gov (United States)

    Department of Transportation — The Digital Audio Legal Recorder (DALR) provides the legal recording capability between air traffic controllers, pilots and ground-based air traffic control TRACONs...

  14. 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.

  15. 关于当前中国道德法制化建设的思考%On the Current Construction of Chinese Moral Legalization

    Institute of Scientific and Technical Information of China (English)

    丁昀

    2015-01-01

    The moral legalization is to prescribe the moral spirit and principles for rules of law in the society , is the moral restraint , supervision and incentive mechanism backed by mandatory force , is to actuate self -discipline in the form of heteronomy , is to guarantee moral construction by rules of law in an effective way;Its core is to carry out social moral rules by force of enforcement power of rules of law .For our serious moral abnormal status, the moral legalization is in urgent need of advancing , long-term system engineering.At present, we ought to strengthen social morals , official occupation moral , morality of marriage and family in the construction of moral legalization .%道德法制化是以强制性力量为后盾的道德约束、监督及激励机制,是以他律的形式促动自律,以法治保障道德建设的一种有效方式。其核心是借助于法治的强制力量推行社会道德规则。对于目前我国道德失范状况而言,道德法制化是亟须长期推进的系统工程。当前,应加强社会公德、官员职业道德、婚姻家庭美德的道德法制化建设。

  16. Legal English and Adapted Legal Texts

    Directory of Open Access Journals (Sweden)

    Alvyda Liuolienė

    2012-06-01

    Full Text Available The article aims at analysing the significance of authentic legal English text and adapted legal texts in ESP classes. The authors point out the advantages and disadvantages of legal texts and analyse the possibilities of their efficient application in the teaching process. At the initial stage of teaching English legalese, materials prepared specially for teaching purposes in textbooks seem to be more appropriate as they are adapted for a particular level for law students whereas in more advanced levels, authentic texts in a legal English classroom can more considerably contribute to the learning experience. The usage of both legal authentic materials and adapted legal texts have tangible impact on mastering legal English.

  17. Great expectations: using an analysis of current practices to propose a framework for the undergraduate inorganic curriculum.

    Science.gov (United States)

    Reisner, Barbara A; Smith, Sheila R; Stewart, Joanne L; Raker, Jeffrey R; Crane, Johanna L; Sobel, Sabrina G; Pesterfield, Lester L

    2015-09-21

    The undergraduate inorganic chemistry curriculum in the United States mirrors the broad diversity of the inorganic research community and poses a challenge for the development of a coherent curriculum that is thorough, rigorous, and engaging. A recent large survey of the inorganic community has provided information about the current organization and content of the inorganic curriculum from an institutional level. The data reveal shared "core" concepts that are broadly taught, with tremendous variation in content coverage beyond these central ideas. The data provide an opportunity for a community-driven discussion about how the American Chemical Society's Committee on Professional Training's vision of a foundation and in-depth course for each of the five subdisciplines maps onto an inorganic chemistry curriculum that is consistent in its coverage of the core inorganic concepts, yet reflects the diversity and creativity of the inorganic community. The goal of this Viewpoint is to present the current state of the diverse undergraduate curriculum and lay a framework for an effective and engaging curriculum that illustrates the essential role inorganic chemistry plays within the chemistry community.

  18. Perceived historical drinking norms and current drinking behavior: using the theory of normative social behavior as a framework for assessment.

    Science.gov (United States)

    Carcioppolo, Nick; Jensen, Jakob D

    2012-01-01

    Social norms are sustained and disseminated, both implicitly and explicitly, through the act of communication. As a result, communication researchers have sought to classify and target normative perceptions to enact social change. In line with this research, the current study investigated whether perceptions of past normative behavior, referred to here as historical norms, were significantly related to current behavior. Using the theory of normative behavior as a guiding framework, two studies were conducted to assess whether college student drinking behavior was related to one of two perceived historical drinking norms measures: historical consumption norms (i.e., the perceived percentage of students who drank over time) and historical tradition norms (i.e., the perception of drinking as a university tradition). Study 1 revealed that although historical consumption norms was not directly related to drinking behavior, it moderated the effect of descriptive norms on drinking behavior (p = .03). A full assessment of the theory of normative social behavior was conducted in study 2 to determine whether perceived historical drinking norms influenced behavior above and beyond both descriptive and injunctive norms. Findings demonstrated that historical tradition norms were significantly related to drinking behavior (p = .001), and marginally moderated the relationship between descriptive norms and drinking behavior (p = .09). These findings offer preliminary evidence in support of measuring perceived historical drinking norms in future campaigns and interventions designed to reduce drinking behavior.

  19. 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.

  20. 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....

  1. 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.

  2. 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.

  3. A niche-based framework to assess current monitoring of European forest birds and guide indicator species' selection.

    Science.gov (United States)

    Wade, Amy S I; Barov, Boris; Burfield, Ian J; Gregory, Richard D; Norris, Ken; Vorisek, Petr; Wu, Taoyang; Butler, Simon J

    2014-01-01

    Concern that European forest biodiversity is depleted and declining has provoked widespread efforts to improve management practices. To gauge the success of these actions, appropriate monitoring of forest ecosystems is paramount. Multi-species indicators are frequently used to assess the state of biodiversity and its response to implemented management, but generally applicable and objective methodologies for species' selection are lacking. Here we use a niche-based approach, underpinned by coarse quantification of species' resource use, to objectively select species for inclusion in a pan-European forest bird indicator. We identify both the minimum number of species required to deliver full resource coverage and the most sensitive species' combination, and explore the trade-off between two key characteristics, sensitivity and redundancy, associated with indicators comprising different numbers of species. We compare our indicator to an existing forest bird indicator selected on the basis of expert opinion and show it is more representative of the wider community. We also present alternative indicators for regional and forest type specific monitoring and show that species' choice can have a significant impact on the indicator and consequent projections about the state of the biodiversity it represents. Furthermore, by comparing indicator sets drawn from currently monitored species and the full forest bird community, we identify gaps in the coverage of the current monitoring scheme. We believe that adopting this niche-based framework for species' selection supports the objective development of multi-species indicators and that it has good potential to be extended to a range of habitats and taxa.

  4. 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

    2015-11-01

    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.

  5. 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.

  6. 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.

  7. 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.

  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. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, A. (Ali); van Ours, J.C. (Jan C.)

    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 dan

  10. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, A. (Ali); J.C. van 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 dan

  11. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, A. (Ali); J.C. van 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

  12. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    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

  13. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2016-01-01

    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 cann

  14. LEGAL FRAMEWORKS ON TRAFFICKING IN PERSONS

    Directory of Open Access Journals (Sweden)

    Fabio PAOLINI

    2012-11-01

    Full Text Available Always in order to realize the best prevention and contrast of the trafficking of minors, the research underlines the necessity of armonization all the national legislations (up to now well 27 differet approaches pertaining to each EU member states according the numerous directives formulated and reproposed by the European authorities.

  15. The international legal framework for climate engineering

    NARCIS (Netherlands)

    Reynolds, J.L.(Jesse)

    2015-01-01

    Several of the key, recurring questions which loom over climate engineering concern how countries would interact when some of them undertake or approve actions which might impact other countries. This chapter describes some international law which is applicable to climate engineering, with a focus o

  16. THE LEGAL FRAMEWORK FOR THE INSTITUTIONALISATION OF ...

    African Journals Online (AJOL)

    OLAWUYI

    2006-07-07

    Jul 7, 2006 ... Due to disparities between the systems of thinking, national ideologies .... including any trade transaction for the supply or exchange of goods or services, .... Nigerian National Petroleum Corporation,28 the Claimant ..... and marketing of liquefied natural gas, settlement was agreed by the parties and.

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

    African Journals Online (AJOL)

    analytical; the challenges that are posed by GMO technology are analysed from public ... the pressing issues that are raised by biotechnology generally and GMOs in particular. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT

  18. Legally invisible: stewardship for Aboriginal and Torres Strait Islander health.

    Science.gov (United States)

    Howse, Genevieve; Dwyer, Judith

    2016-04-01

    The need to improve access to good health care for Aboriginal and Torres Strait Islander people has been the subject of policy debate for decades, but progress is hampered by complex policy and administrative arrangements and lack of clarity about the responsibilities of governments. This study aimed to identify the current legal basis of those responsibilities and define options available to Australian governments to enact enduring responsibility for Aboriginal health care. This study used a framework for public health law research and conducted a mapping study to examine the current legal underpinnings for stewardship and governance for Aboriginal health and health care. More than 200 pieces of health legislation were analysed in the context of the common and statutory law and health policy goals. Very little specific recognition of the needs of Aboriginal people was found, and nothing that creates responsibility for stewardship and governance. The continuing absence of a legislative framework to address and protect Aboriginal health can be traced back to the founding doctrine of terra nullius (unoccupied land). We considered the results applying both a human rights perspective and the perspective of therapeutic jurisprudence. We suggest that national law for health stewardship would provide a strong foundation for progress, and should itself be based on recognition of Australia's First Peoples in the Australian Constitution, as is currently proposed. © 2015 The Authors.

  19. 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 importance

  20. 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...

  1. Legal Interviewing For Paralegals.

    Science.gov (United States)

    Statsky, William P.

    One of the training materials prepared for paralegals, or legal assistants, by the National Paralegal Institute under a Federal grant, the document presents legal interviewing techniques by focusing on an analysis of a particular legal interview conducted by a paralegal on a hypothetical case. From the analysis of the case, a number of problems,…

  2. 5 CFR 1653.13 - Processing legal processes.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Processing legal processes. 1653.13 Section 1653.13 Administrative Personnel FEDERAL RETIREMENT THRIFT INVESTMENT BOARD COURT ORDERS AND LEGAL... TSP. Legal processes should be submitted to the TSP record keeper at the current address as provided...

  3. Legally high? Legal considerations of Salvia divinorum.

    Science.gov (United States)

    Griffin, O Hayden; Miller, Bryan Lee; Khey, David N

    2008-06-01

    The legal status of the hallucinogenic plant Salvia divinorum has been rapidly changing. Legal prohibitions on this plant native to Oaxaca, Mexico have emerged at the state level, a phenomenon that has not occurred since the passage of the Controlled Substances Act (CSA). Included will be a brief description of the plant that has only recently crept into the popular American consciousness, and a review of the different legal mechanisms through which states have controlled the plant and the pending legislation proposing controls. Lastly, the implications of various state laws are discussed.

  4. 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…

  5. Multiculturalism and legal plurality in Australia

    Directory of Open Access Journals (Sweden)

    Justin Dabner

    2016-12-01

    Full Text Available The great multicultural experiment that is Australia has engendered a reconsideration of core values. Even the traditionally conservative legal system has not been immune. While the law remains anchored in its British Christian common-law traditions, the influence of other cultures and beliefs are emerging. Taking the term multiculturalism to encompass all cultures, including indigenous peoples as well as new comers, two instances of this are the partial accommodation of Indigenous customary law and a debate over the accommodation of Islamic law principles. The adoption of “foreign” legal concepts poses a dilemma for a liberal democratic society. On one hand, such a society might be expected to embrace wholesale legal plurality. However, there may be some foreign legal principles that are resisted on the basis that they are unacceptable to a free and equal society. The challenge is how to acknowledge the customary and religious laws of minorities whilst establishing one legal framework that applies to all, equally, and without discrimination and protects vulnerable parties. This article explores the implications for the legal system of a multicultural Australia. Taking the instances of Indigenous and Islamic law, it will be observed that legal plurality exists in Australia but largely in the shadows where the vulnerable of society lack protection. It proposes an institutional response that might help shine a light on these shadows.

  6. 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.

  7. 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.

  8. 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.

  9. 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

    Energy Technology Data Exchange (ETDEWEB)

    Schultz, Courtney A., E-mail: courtney.schultz@colostate.edu

    2012-01-15

    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.

  10. 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

  11. Towards a uniform legal system of protection

    Directory of Open Access Journals (Sweden)

    Dimitrios Chotouras

    2012-12-01

    Full Text Available There exists a set of inter-related normative texts for the protectionof the environment and for the prevention and reduction of disasters,as well as for ensuring respect for human rights in all circumstances.Taken together these standards constitute an effective legal and operational framework and should not be interpreted independently orin isolation.

  12. Achievements in Building The Legal System

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    In the past three decades,people have gained an increasingly deeper under-standing of the law,and theories on democracy and justice have been en-riched.A socialist legal framework has been developing and the rule of law has becomea basic governing principle.China has made unprecedented achievements in promoting law-based governance.

  13. 57 | Page A CROSS NATIONAL SURVEY OF THE LEGAL ...

    African Journals Online (AJOL)

    Fr. Ikenga

    Key words: Casual Work Arrangement, Labour, Protection, Legal Framework. 1. ... and outside such relationships (e.g. informal work, commercial contract holders such as .... This provision is the bedrock for the natural principle of right to.

  14. 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.

  15. 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.

  16. 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.

  17. [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.

  18. Análise probabilística de ocorrência de incompatibilidade da qualidade da água com o enquadramento legal de sistemas aquáticos - estudo de caso do rio Pariquera-Açu (SP Probabilistic analysis of the occurrence of incompatibility of the water quality with the legal framework of aquatic systems - case study of Pariquera-Açu River (SP, Brazil

    Directory of Open Access Journals (Sweden)

    Davi Gasparini Fernandes Cunha

    2010-12-01

    Full Text Available Embora relativamente comuns no Brasil, programas de monitoramento da qualidade da água frequentemente não transformam os resultados em elementos que norteiem o poder público para a recuperação dos sistemas aquáticos. Assim, a presente pesquisa teve por objetivo discutir a utilização das curvas probabilísticas de incompatibilidade da qualidade da água com o enquadramento legal dos corpos de água como ferramenta complementar ao monitoramento. As probabilidades de inconformidade com a resolução CONAMA 357/05 (Classe 2 para o rio Pariquera-Açu (SP em 2007 foram de 35, 8, 44, 1, 0, 0 e 0%, respectivamente para oxigênio dissolvido, turbidez, fósforo, nitrogênio amoniacal, nitrito, nitrato e clorofila-a. Concluiu-se que o grau de condensação de informações gerado pelas curvas probabilísticas representa uma contribuição para a gestão da qualidade de água.Although relatively common in Brazil, water quality monitoring programs usually do not organize the results in a way that they are able to guide local authorities for reclamation of aquatic systems. Therefore, this research aimed to discuss the use of probabilistic curves of water quality incompatibility with Brazilian legal framework of water bodies as a complementary tool for monitoring. The incompatibility probabilities with CONAMA 357/05 (framework for Class 2 for Pariquera-Açu river (São Paulo, Brazil were 35, 8, 44, 1, 0, 0 and 0%, respectively, for dissolved oxygen, turbidity, phosphorus, nitrogen-ammonia, nitrite, nitrate and chlorophyll-a. We concluded that the condensation level of information achieved by probabilistic curves represents an important contribution for management of quality of the water.

  19. 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.

  20. 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.

  1. 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

  2. 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.

  3. 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.

  4. 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

  5. The criminal legal aid in China

    Directory of Open Access Journals (Sweden)

    Long Changhai

    2017-01-01

    Full Text Available УДК 347.965The subject of the article is the criminal legal aid in China.The main goal of this work is to introduce the current state of legal aid in criminal cases in China to Russian scholars and legal professionals.Results. Criminal Legal Aid in China appeared relatively recently, and in the last years of its operation was marked by a number of achievements and some problems. Legal assistance in criminal cases is an integral part of the institute of legal aid in China and plays an invalu-able role in ensuring due process, maintaining the balance between prosecution and de-fense, as well as in guaranteeing human rights. This study contains a general description of the current state of criminal legal aid in China, highlights inherent problems of this institu-tion and describes prospects of its development. This work is based on the Criminal Proce-dure Code of the PRC in version of 2013 year, and provides analysis of the Russian and Chi-nese special literature, Chinese law and practice, as well as the official Chinese statistics. The scope of legal assistance in criminal cases is extremely narrow, the funding is not enough, and the quality leaves much to be desired. These and other shortcomings already have become obstacles to the development of the Chinese criminal procedure law. Despite of a number of changes to the legal regulation of the institute in the 2013 edition of the PRC Criminal Procedure Code, a number of issues remained unresolved.Conclusions. The existing difficulties can be overcame by expanding the scope of legal aid, increase in funding and introduction of public defenders. To increase funding in the budgets proposed to establish minimum public funding of legal aid, to attract non-governmental and international funding, to strengthen control and to ensure openness and transparency of spending. To improve the quality of legal aid PRC government should rise up compensations for lawyers, introduce the institution of public

  6. 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

  7. Cannabis Use and Support for Cannabis Legalization

    OpenAIRE

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

    2014-01-01

    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...

  8. Cannabis use and support for cannabis legalization

    OpenAIRE

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

    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...

  9. Recent Developments in Legal Linguistics in Russia and Ukraine

    Directory of Open Access Journals (Sweden)

    Лиана Голетиани

    2012-01-01

    Full Text Available The paper examines the development – in both Russia and Ukraine – of legal linguistics , which has become more widespread in both countries over the past 15 years. It includes today any areas – legal stylistics, forensic phonetics, legal translation, legal terminology, understanding the language of legislation, the history of legal language, speech in the courtroom etc. The author presents the various publications and the most influential schools of this interdisciplinary field of research. The main lines of development of linguistic approaches are discussed in relation to the needs of Russian and Ukrainian legislation and justice. Particular attention is paid to the problems not yet addressed in current literature.

  10. Legal responsibility and accountability.

    Science.gov (United States)

    Cox, Chris

    2010-06-01

    Shifting boundaries in healthcare roles have led to anxiety among some nurses about their legal responsibilities and accountabilities. This is partly because of a lack of education about legal principles that underpin healthcare delivery. This article explains the law in terms of standards of care, duty of care, vicarious liability and indemnity insurance.

  11. MEDIATION AGREEMENTS LEGAL MODEL

    Directory of Open Access Journals (Sweden)

    Alexander Ponomarev

    2015-07-01

    Full Text Available This article focuses on the legal model of mediation agreements in Russian and international legislation. The authors consider the main provisions of the mediation agreements in civil matters, in particular, is defined by such features of the legal model as the requirements for this type of agreements. In addition, the article discusses the problematic issues of implementation of mediation agreements.

  12. Learning the Legalities.

    Science.gov (United States)

    Stuart, Victoria

    1987-01-01

    Certain types of crises cry out for legal counsel. Becoming familiar with the basics of media law is suggested for public relations offices. Three types of crises that call for legal advice include: litigation or potential litigation; a violation of a law or regulation; or incidents with any hint of liability. (MLW)

  13. Responsibility without legal authority? Tackling alcohol-related health harms through licensing and planning policy in local government

    OpenAIRE

    2013-01-01

    BACKGROUND The power to influence many social determinants of health lies within local government sectors that are outside public health's traditional remit. We analyse the challenges of achieving health gains through local government alcohol control policies, where legal and professional practice frameworks appear to conflict with public health action. METHODS Current legislation governing local alcohol control in England and Wales is reviewed and analysed for barriers and opportunities to i...

  14. The Dutch Euthanasia Act: recent legal developments.

    Science.gov (United States)

    Legemaate, Johan; Bolt, Ineke

    2013-12-01

    The Dutch Termination of Life on Request and Assisted Suicide Act [Wet toetsing levensbeëindiging op verzoek en hulp bij zelfdoding (Wtl)] came into force in 2002. Its aim is to increase the degree of due care exercised by physicians when terminating a patient's life and to provide a legal framework within which physicians account for their actions in such cases. On the basis of the second evaluation of the Act, published in December 2012, this article provides an overview of the most recent legal developments regarding the Dutch Euthanasia Act. Special attention is given to patients with dementia, psychiatric patients and patient who are "weary of life".

  15. 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

  16. 移动医疗APP运行现状及其法律监管问题初探%Discussion on the Current Running Status of Mobile Medical APP and Relevant Legal Regulatory Issues

    Institute of Scientific and Technical Information of China (English)

    邓勇; 刘威; 李桐萱

    2015-01-01

    In recent years, the mobile medical market is increasingly becoming a trans-boundary focus. The operation of "medical + IT" mode has constructed a complete mobile medical industry chain. However, the development of emerging health industry represented by mobile medical APP (Application) is facing a lot of trouble. What's more, its benign operation also needs legal regulation. This paper ifrstly interpreted the formation, development and function of mobile medical APP, and then analyzed the current dilemma that mobile medical APP suffered from, ifnally put forward the concrete measures to solve the problems in running of the mobile medical APP.%近年来,移动医疗市场正日益成为跨界焦点,"医疗+IT"模式的运行,构建了一条完整的移动医疗产业链.然而,以移动医疗APP为代表的新兴医疗产业正面临诸多发展困境,其良性运行亦亟待法律监管.本文首先解读了移动医疗APP的产生、发展及功能,然后剖析了当前移动医疗APP遇到的种种困境,最后针对性地提出了破解移动医疗APP运行困境的具体对策.

  17. Cooperatives in Serbia: Evolution and current issues

    Directory of Open Access Journals (Sweden)

    Chroneos-Krasavac Biljana

    2015-01-01

    Full Text Available Cooperatives in Serbia have long history, evolving from big traditional families to the contemporary social networked organizations and even private companies acting like coops. Current legal framework, on one side, enables many possibilities, but on the other side prevents further development of cooperatives. An interview of key players in the coop sector was one of the research methods. Other methods include historical method, comparative analysis method and case study method. In conclusion, the major obstacle for the further coops development in Serbia is legal status of ownership. Other obstacles are: the level of state interference, the loyalty of primary producers and participants, the average land size per households, etc. The paper includes three parts: historical evolution, successful case study and framework for future development.

  18. An Urgent Suggestion to Pour Old Wine into New Bottles : Comment on "A New Jurisprudential Framework for Jurisdiction"

    NARCIS (Netherlands)

    Ryngaert, C.M.J.

    2015-01-01

    Dan Svantesson is quickly establishing himself as a leading voice in the field of jurisdiction. Coming to this field from Internet and data protection law, he is surely well placed to criticize the current legal framework of international jurisdiction in light of technological evolution, which has m

  19. Framework conditions facilitating paediatric clinical research

    Directory of Open Access Journals (Sweden)

    Alfarez Deborah

    2011-02-01

    Full Text Available Abstract The use of unlicensed and "off-label" medicines in children is widespread. Between 50-80% of the medicines currently administered to children have neither been tested nor authorized for their use in the paediatric population which represents approximately 25% of the whole European population. On 26 January 2007, entered into force the European Regulation of Paediatric Medicines. It aims at the quality of research into medicines for children but without subjecting the paediatric population to unnecessary clinical trial. This article addresses ethical and legal issues arising from the regulation and makes recommendations for the framework conditions facilitating the development of clinical research with children.

  20. Legal education for scientists at Fall Meeting

    Science.gov (United States)

    Uhlenbrock, Kristan

    2012-10-01

    In today's increasingly polarized political climate, science is becoming more politicized, which in turn leads to scientists facing an increased involvement in legal discussion about their work, their correspondence, and their public statements. At times these attacks on scientists and their academic freedom are unwarranted and can leave many confused and wondering how to handle the situation. To help out, AGU and the Climate Science Legal Defense Fund (CSLDF) have partnered to prepare the scientific community for these challenges through a Legal Education Series, a series of webinars along with events at AGU's 2012 Fall Meeting. This series provides scientists with information to help guide and update them on legal issues and situations currently making their way through the courts.

  1. Benchmarking of electron cyclotron heating and current drive codes on ITER scenarios within the European Integrated Tokamak Modelling framework

    Directory of Open Access Journals (Sweden)

    Peysson Y.

    2012-09-01

    Full Text Available Electron cyclotron resonance heating (ECRH and electron cyclotron current drive (ECCD are used to heat the plasma, to tailor the current profiles and to achieve different operating regimes of tokamak plasmas. Plasmas with ECRH/ECCD are characterized by non-thermal electrons, which cannot be described by a Maxwellian distribution. Non-thermal electrons are also generated during MHD activity, like sawteeth crashes. Quantifying the non-thermal electron distribution is therefore a key for understanding EC heated fusion plasmas. For this purpose a vertical electron cyclotron emission (V-ECE diagnostic is being installed at TCV. The diagnostic layout, the calibration, the analysis technique for data interpretation, the physics potentials and limitations are discussed.

  2. Legal Services: The Army Legal Assistance Program

    Science.gov (United States)

    2007-11-02

    legal services providedpro bono publico are not always on a no-fee basis because a reduced fee for professional services may be permissible in such...y f o u n d w i t h i n a p r i n c i p a l residence. Pro bono publico Legal services provided by civilian attorneys “for the public good or welfare...business activities, 3–6, 3–8 P r i v i l e g e , a t t o r n e y - c l i e n t , 3 – 8 , 4 – 3 , 4 – 8 , 5–5 Prisoners, 2–5 Pro bono publico , 3–7

  3. PROBLEMS OF LEGAL REGULATION OF FREE LEGAL HELP

    Directory of Open Access Journals (Sweden)

    Savchenko M. S.

    2016-02-01

    Full Text Available The authors of the article analyze the legal grounds of free legal assistance marking the novels of legislation regulated by the federal law “On free legal assistance in the Russian Federation” and problems connected with its realization. There were given the characteristics of subjects of state and non-state systems of free legal assistance in the article. The special attention is paid to the specificity of the activity of state and municipal agencies, legal clinics, non-state centers of free legal assistance. The authors consider the peculiarities of legislation of the subjects of the Russian Federation setting the guarantee of rights on getting of free legal assistance. The problems of legal assistance under the presenting of citizens’ interests in arbitrary courts, problems of legal clinics assistance quality, problems of legal provision of the activity of municipal legal agencies are analyzed in the article. Due to the practice of realization of legislation in the Krasnodar region there were made the conclusions on the reasonability of extending of the list of citizens’ categories having the right for free legal assistance and cases of such assistance, giving the compulsory authority to the agreement on free legal assistance; the introduction of the article on municipal legal agencies into the Federal law; working outs of standards of the activity of legal clinics and systems of preparations to the legal assistance of students and teachers

  4. Legal Protections for Privacy

    Science.gov (United States)

    Leslie, David W.

    1977-01-01

    Individual interest in privacy is a multiple legal issue, roughly divided into four parts according to different types of law: constitutional, statutory, administrative, and common law. Policy implications of this issue for institutions are discussed. (Editor/LBH)

  5. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

    Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty

  6. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

    This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....

  7. FINANCIAL AND LEGAL RELATIONSHIP AND THE LEGAL REGULATION

    Directory of Open Access Journals (Sweden)

    Tkebuchava Yekaterina Bezhanovna

    2013-04-01

    Full Text Available This article considers the problems of financial and legal relationship and legal regulation. The financial activities of the state can not be carried out beyond the legal relations. Financial relations are expressed outwardly in the forms that are identified by the state as it is connected with the fact of its existence. With the help of law the state in the financial sphere determines and sets the types of budget revenues, taxation procedures, methods of currency use, etc. Administrative and legal regulation of financial relations is made up of such components as financial and legal relationships and legal regulation. This is why the concepts of "legal effect" and "legal regulation" come to the fore. According to the author, the term "legal regulation" and "legal effect" are not identical and have different meanings. Therefore it is necessary to distinguish between the "regulation" and "effect". This would eliminate naming the same thing with different words.

  8. 社会学法学理论与刑事侦查的契合(上)--当代中国刑事诉讼框架下%Agreement of Sociological Legal Theory and Criminal Investigation---Under the Framework of Contemporary Chinese Criminal procedure

    Institute of Scientific and Technical Information of China (English)

    彭瑞楠

    2015-01-01

    作为当代西方重要的法学流派之一的社会学法学,将法律视为社会控制中的一种专门化力量,强调法律与社会之间的关系,讲求法律的实际效果,更加关注法律的实然状态,与当代刑事诉讼框架下刑事侦查实践形成了契合。因而,我们应立足于我国刑事诉讼框架下刑事侦查的现实情况,从法律运作的层面进行思考,同时明了法律技术概念对当代中国刑事诉讼法框架下刑事侦查的引荐意义。%As one of the most important schools of law in Contemporary Western legal system, Sociological Jurisprudence defines law as a social control in the specialized power, emphasizing the relationship between law and society and the pragmatic effects of the law, paying more attention to the actual state of the law, thus achieves the agreement with the criminal investigation practice under the framework of contemporary criminal procedure. Therefore, we should base on reality in China's criminal procedure under the framework of criminal investigation and consideration from the operation of the law level, and at the same time, make clear the recommended significance that the concept of legal technology has yielded to criminal investigation under the framework of contemporary Chinese criminal procedure.

  9. 社会学法学理论与刑事侦查的契合(下)①--当代中国刑事诉讼框架下%Agreement of Sociological Legal Theory and Criminal Investigation(Continued)---Under the Framework of Contemporary Chinese Criminal procedure

    Institute of Scientific and Technical Information of China (English)

    彭瑞楠

    2015-01-01

    作为当代西方重要的法学流派之一的社会学法学,将法律视为社会控制中的一种专门化力量,强调法律与社会之间的关系,讲求法律的实际效果,更加关注法律的实然状态,与当代刑事诉讼框架下刑事侦查实践形成了契合。因而,我们应立足于我国刑事诉讼框架下刑事侦查的现实情况,从法律运作的层面进行思考,同时明了法律技术概念对当代中国刑事诉讼法框架下刑事侦查的引荐意义。%As one of the most important schools of law in Contemporary Western legal system, Sociological Jurisprudence defines law as a social control in the specialized power, emphasizing the relationship between law and society and the pragmatic effects of the law, paying more attention to the actual state of the law, thus achieves the agreement with the criminal investigation practice under the framework of contemporary criminal procedure. Therefore, we should base on reality in China's criminal procedure under the framework of criminal investigation and consideration from the operation of the law level, and at the same time, make clear the recommended significance that the concept of legal technology has yielded to criminal investigation under the framework of contemporary Chinese criminal procedure.

  10. Analysis on the Legitimacy and Legality of Current Management System of Railway Public Security%现行铁路公安管理体制的正当性与合法性分析

    Institute of Scientific and Technical Information of China (English)

    赖锴

    2015-01-01

    The leadership system of railway police concerns the public after the Railway Ministry was split up. From the law perspective of China, the State Council shall have the right to reform and arrange the Railway Ministry and the railway public security department accordingly. But, the management system of railway company "escrow" the railway police is questioned by many learned men including railway police. The management mechanism based on analysis from the angle of administrative jurisprudence has the legal feasibility. Admittedly, this kind of mechanism which is irrational could have some negative impact. The current railway public security management system still needs to continue to deepen reform, especially when the reform requires a basis in law, and complys with the requirement of rule of law.%铁道部拆分后,铁路公安的领导体制深受人们关注.从我国法律规定看,国务院有权对铁道部和铁路公安部门进行改革及作出相应安排.但铁路总公司"代管"铁路公安的管理体制设计深受包括铁路警察在内的有识之士的质疑,从行政法理的角度分析,该管理机制存在着法理可行性.不可否认,此种机制安排也存在诸多的正当性考量,产生一些负面影响,包括影响铁路公安的可持续发展等.现行铁路公安管理体制仍需要继续深化改革,改革要于法有据,符合法治要求.

  11. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    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...

  12. LEGAL TREATMENT IN THE MANAGEMENT OF FOREST RESOURCES

    Directory of Open Access Journals (Sweden)

    Dãnescu Tatiana

    2013-07-01

    Full Text Available Forestry plays a significant role in both our country’s and global economy. Any entity, in the present case, forest entity, must operate under specific legislation and its own status. In this respect, the conduct of activities within the entities should be based on appropriate national and/or international legislation that represents the base line in linking the entities’ interests with the objective requirements of economy. Thus, in establishing a legal framework to correspond to activity development of each type of society, a variety of regulations have been drafted along with repealing or modifying others. Currently, economic legislation comprises a wide range of regulations which are projected on the ways in which activity is developed within the forest entities and not only. Regulations in force, besides highlighting the forest entities’ interests, also include all precautions in the conduct of forestry activities in ungrounded ways and the emergence of some adverse events.

  13. Impact of boundary regions on the interior circulation of the California Current System in a regional modeling framework

    Science.gov (United States)

    Veneziani, M.; Edwards, C.; Moore, A.

    2008-12-01

    We use the Regional Ocean Modeling System (ROMS) to model the circulation of the California Current System (CCS) using ECCO-GODAE products to force the model at the open boundaries of the domain. We investigate the impact that lateral boundary forcing (and the boundary region in general) has on particular metrics of the interior circulation by adopting both an adjoint model and a traditional sensitivity approach. Adjoint methods are naturally suited to sensitivity studies as they provide the direct dependencies of circulation metrics on uncertainties of the model initial conditions, surface and lateral external forcing, and model parameters, but their results are only valid within the time scale during which the linearity assumption underlying adjoint models can be considered to hold. More traditional sensitivity studies must be conducted to investigate longer time scales. We describe the adjoint model results for two metrics that represent the upwelling processes of the Central California region and the mean sea level field of the coastal circulation, respectively. The spatial distribution of the adjoint sensitivity fields allows us to quantify the contribution of the boundary regions over a biweekly time scale. We investigate longer time scales by adopting two methods: 1) apply different ECCO products at the open boundaries and evaluate mean stratification changes in the CalCOFI coastal region; 2) release passive tracers at the boundaries and calculate ventilation time scales and pathways from the boundary areas to the CCS interior.

  14. The legal self: executive processes and legal theory.

    Science.gov (United States)

    Hirstein, William; Sifferd, Katrina

    2011-03-01

    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channelling conscious decision-making into intentions and actions, or inhibiting action. We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants' intentions or plans to commit crimes and their awareness that certain facts are the case (for instance, that a gun is loaded), as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. Copyright © 2010 Elsevier Inc. All rights reserved.

  15. 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

  16. 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.

  17. Legal position of the administrator of the succession estate: De lege lata and de lege ferenda

    OpenAIRE

    Stojanović, Nataša

    2012-01-01

    In this paper, the author explores the legal position of the administrator of the succession estate in light of the current legislation, legal theory and judicial practice in some contemporary European legal systems, with specific reference to the Serbian legislation. In the author’s opinion, in order to promote legal certainty and provide for a more qualitative protection of successors’ interests, it is necessary to introduce some changes in the current Serbian legislation on this matter. Th...

  18. 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?

  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. The Significance of Paralegals in the Legal Services Program.

    Science.gov (United States)

    National Paralegal Inst., Washington, DC.

    One of the training materials prepared by the National Paralegal Institution (NPI) under a Federal grant, the report analyzes the paralegal role in Legal Services and addresses the need for clear information and statistics on paralegals, or legal assistants. Section 1, Current Knowledge on Paralegals, consists of: a summary of the paralegal…

  1. Legal Issues in Faculty Evaluation of Student Clinical Performance.

    Science.gov (United States)

    Kapp, Marshall B.

    1981-01-01

    Many faculty members are reluctant to evaluate the clinical performance of medical students because of fear of legal liability and lawsuits. Current methods and uses of evaluation and legal issues are discussed. The Supreme Court's decision in Board of Curators of the University of Missouri v. Horowitz is discussed. (Author/MLW)

  2. Enhancing Civic Consciousness through Student Pro Bono in Legal Education

    Science.gov (United States)

    Babacan, Alperhan; Babacan, Hurriyet

    2017-01-01

    A key aim of encouraging law students to participate in student pro bono, a form of experiential learning in legal education, is to develop their commitment to volunteer lawyering after graduation. This paper examines student pro bono in legal education in Australia and the United States. A critical review of the current approaches to student pro…

  3. A Transformative Approach to Work Integrated Learning in Legal Education

    Science.gov (United States)

    Babacan, Alperhan; Babacan, Hurriyet

    2015-01-01

    Purpose: The purpose of this paper is to discuss the current context, scope and problems in the provision of work-integrated learning (WIL) in legal education and how the adoption transformative pedagogies in WIL which is offered in legal education can foster personal and social transformation in addition to enhancing lawyering skills. The paper…

  4. 联合国制裁措施国内执行的法律框架及实践困境%The Legal Framework of Domestic Implementation of UN Sanctions and the Pragmatic Dilemma

    Institute of Scientific and Technical Information of China (English)

    吴燕妮; 刘筱萌

    2014-01-01

    联合国制裁机制成功的核心,在于各个国家的普遍遵从,但在我国目前的国内法律体系上,执行联合国制裁却存在着相当的空白。而在我国的实践中,也往往通过外交部通知函和行政文件的形式笼统宣示对联合国制裁的执行,事实上并不利于对联合国制裁措施的良好执行。从利于我国法律体系的完善、提升我国负责任大国的形象角度出发,应当在统一框架性授权立法的基础之上,建立我国的联合国制裁措施国内执行体系。%The compliance of member countries is essential to the international sanctions. However,there are con-siderable gaps in China's domestic legal system,concerning the relationship between the international law and do-mestic law. No constitutional provisions have been taken to clarify the issue,but scattered in various ordinary laws. And the practice of implementing UN sanctions has often been done through the Ministry of Foreign Affairs'notifica-tion letters,and administrative documents in the form of a general declaration of the implementation of United Na-tions sanctions. Even in some sensitive sectors,the implementation means of United Nations sanctions are still ad-ministrative normative documents,rather than legal means.

  5. 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…

  6. 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…

  7. 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.

  8. 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.

  9. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

    Academic dishonesty poses a threat to the goals of every educational institution. This article draws heavily from current literature and case law to provide an overview of academic dishonesty, paying particular attention to associated legal aspects, such as due process, the content and communication of policies, sanctions, prevention, and…

  10. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

    Academic dishonesty poses a threat to the goals of every educational institution. This article draws heavily from current literature and case law to provide an overview of academic dishonesty, paying particular attention to associated legal aspects, such as due process, the content and communication of policies, sanctions, prevention, and…

  11. Health care providers' opinions on abortion: a study for the implementation of the legal abortion public policy in the Province of Santa Fe, Argentina.

    Science.gov (United States)

    Ramos, Silvina; Romero, Mariana; Ramón Michel, Agustina

    2014-09-24

    In Argentina, abortion has been decriminalized under certain circumstances since the enactment of the Penal Code in 1922. Nevertheless, access to abortion under this regulatory framework has been extremely limited in spite of some recent changes. This article reports the findings of the first phase of an operations research study conducted in the Province of Santa Fe, Argentina, regarding the implementation of the local legal and safe abortion access policy. The project combined research and training to generate a virtuous circle of knowledge production, decision-making, and the fostering of an informed healthcare policy. The project used a pre-post design of three phases: baseline, intervention, and evaluation. It was conducted in two public hospitals. An anonymous self-administered questionnaire (n = 157) and semi-structured interviews (n = 27) were applied to gather information about tacit knowledge about the regulatory framework; personal opinions regarding abortion and its decriminalization; opinions on the requirements needed to carry out legal abortions; and service's responses to women in need of an abortion. Firstly, a fairly high percentage of health care providers lack accurate information on current legal framework. This deficit goes side by side with a restrictive understanding of both health and rape indications. Secondly, while a great majority of health care providers support abortion under the circumstances consider in the Penal Code, most of them are reluctant towards unrestricted access to abortion. Thirdly, health care providers' willingness to perform abortions is noticeably low given that only half of them are ready to perform an abortion when a woman's life is at risk. Willingness is even lower for each of the other current legal indications. Findings suggest that there are important challenges for the implementation of a legal abortion policy. Results of the study call for specific strategies targeting health care providers in order

  12. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  13. 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)

  14. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  15. 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...

  16. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth.

  17. 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.

  18. Legalization White Paper.

    Science.gov (United States)

    United States Catholic Conference, Washington, DC.

    The second step of implementation of the legalization program of the Immigration Reform and Control Act of 1986 (IRCA) began on November 7, 1988. This second step is the process by which undocumented immigrants, initially granted temporary residence, may adjust to their status change to permanent resident. Certain aspects of the adjustment are…

  19. 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)

  20. 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.

  1. 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

  2. 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

  3. 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

  4. 对赌协议法律效力研究--以我国现行法为视角%Research on the Legal Effect of the Valuation Adjustment Mecha nism---Based on the Current Law

    Institute of Scientific and Technical Information of China (English)

    鲍陆文英

    2014-01-01

    文章研究了对赌协议的相关理论基础,认定对赌协议的法律性质是一种射幸合同,其法律效力应符合合同法的中合同效力的相关规定,同时作为一种商业合同,公司法及诸多证券方面的监管规定都对对赌协议的内容和效力有所限制,并且实践中债权人保护和上市公司股权明晰是对对赌协议限制最大的因素,建议从合同角度出发评判对赌协议的效力,首先其必须符合主体适格、意思表示真实、内容合法,其次,它不能违反特别法的强制性规定,不得对损害债权人利益,不得影响上市公司股权的公开透明。%This thesis studies the theory foundation of Valuation Adjustment Mechanism ( VAM) , ascertaining the legal nature of VAM is a kind of aleatory contract.Its legal effect should be comply with the relevant provi-sions on the legal effect of contract , at the same time as a commercial contract , VAM ’ s content and legal effect is limited by the company law and the securities regulation .The protection of creditors and listing Cor-poration practice clear stake limits the VAM ’ s legal effect most.We think that the legal effect of VAM can be judged from the contract perspective evaluation , firstly it must comply with the subject qualification , genuine intention expressed and lawful content , secondly , it can not violate mandatory provisions of law , not to damage the interests of the creditors , and shall not affect the transparency of listing Corporation equity.

  5. Access to workers' compensation benefits and other legal protections for work-related mental health problems: a Canadian overview.

    Science.gov (United States)

    Lippel, Katherine; Sikka, Anette

    2010-01-01

    This article reports on a study of the legal and policy framework governing access, in Canada, to workers' compensation benefits for workers who are work disabled because of mental health problems attributed to stressful working conditions and events. It also provides a brief description of legislation regulating psychological harassment in Quebec and Saskatchewan. Applying classic legal methodology, the article examines the legal situation in Canada, relying on federal and provincial legislation and case law. While many of the jurisdictions studied explicitly restrict compensability to the consequences of traumatic incidents, application of this legislation is very different from one province to the next. In some provinces, legal exclusions are applied emphatically, whereas in others the workers' compensation appeal tribunals interpret the legislative exclusions much more narrowly, allowing for some access to compensation despite the legislative exclusions. Other provinces have no such exclusions and accept claims for both acute and chronic stress, although access to compensation remains more difficult for claimants with mental health problems than for those who are physically injured, regardless of where they live. The article concludes by offering an analysis of the consequences of the current situation from a public policy and public health perspective, notably underlining the negative consequences, particularly for women, of current workers' compensation policy in most Canadian provinces.

  6. 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.

  7. Positive Legal Responsibility in the Family Law

    Directory of Open Access Journals (Sweden)

    Pavel A. Matveev

    2014-03-01

    Full Text Available In the present article author bases on the analysis of doctrinal and normative sources attempt to substantiate the existence of positive legal responsibility. Author defines the specificity of positive familial liability in the mechanism of self- identity of lawful behavior. Considering the nature of family legal liability, author proves independence of family-legal responsibility; it differs from civil, criminal and administrative responsibility. Author gives own definition of family-legal responsibility, gives characteristic features of this type of liability and justifies own view of the concept of responsibility in the modern family. Author substantiates view that family liability is expressed in multiple sanctions fixable current family law. Author notes that measures of family - legal responsibility are: annulment of the marriage, deprivation and restriction of parental rights, abolition of adoption, custody, guardianship, termination of child in a foster family placement, deprivation of the right to communicate with the child, taking away a child, termination or limitation of the obligation to subject the material contents of family relationship to other entities. Justifying own views, author relies on the opinions of scholars, experts, as well as a number of other competent persons.

  8. 1D Current Source Density (CSD) Estimation in Inverse Theory: A Unified Framework for Higher-Order Spectral Regularization of Quadrature and Expansion-Type CSD Methods.

    Science.gov (United States)

    Kropf, Pascal; Shmuel, Amir

    2016-07-01

    Estimation of current source density (CSD) from the low-frequency part of extracellular electric potential recordings is an unstable linear inverse problem. To make the estimation possible in an experimental setting where recordings are contaminated with noise, it is necessary to stabilize the inversion. Here we present a unified framework for zero- and higher-order singular-value-decomposition (SVD)-based spectral regularization of 1D (linear) CSD estimation from local field potentials. The framework is based on two general approaches commonly employed for solving inverse problems: quadrature and basis function expansion. We first show that both inverse CSD (iCSD) and kernel CSD (kCSD) fall into the category of basis function expansion methods. We then use these general categories to introduce two new estimation methods, quadrature CSD (qCSD), based on discretizing the CSD integral equation with a chosen quadrature rule, and representer CSD (rCSD), an even-determined basis function expansion method that uses the problem's data kernels (representers) as basis functions. To determine the best candidate methods to use in the analysis of experimental data, we compared the different methods on simulations under three regularization schemes (Tikhonov, tSVD, and dSVD), three regularization parameter selection methods (NCP, L-curve, and GCV), and seven different a priori spatial smoothness constraints on the CSD distribution. This resulted in a comparison of 531 estimation schemes. We evaluated the estimation schemes according to their source reconstruction accuracy by testing them using different simulated noise levels, lateral source diameters, and CSD depth profiles. We found that ranking schemes according to the average error over all tested conditions results in a reproducible ranking, where the top schemes are found to perform well in the majority of tested conditions. However, there is no single best estimation scheme that outperforms all others under all tested

  9. 刍议顶岗实习法律制度的构建%On structuring a legal system of internship program

    Institute of Scientific and Technical Information of China (English)

    简祖平

    2011-01-01

    分析我国现有顶岗实习法律制度的现状,从顶岗实习法律制度的基本原则、顶岗实习学生的权益、职业院校和用人单位及各职能部门的职责、保障机制(法律责任)等方面提出了构建顶岗实习法律制度的基本框架。%On the basis of analyzing the current situation of the legal system of internship program,this thesis puts forward the basic framework of structuring the system of internship program from the basic principles of the legal system,the rights and interests of the students,the duty and safeguard mechanism(legal responsibility) of vocational college and the employers and the functional departments.

  10. 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.

  11. 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.

  12. 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 expl

  13. 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.

  14. Current Status of Construction of Logistics Legal System in Developed Countries and Its Enlightenment for China%发达国家物流法规建设现状及对我国的启示

    Institute of Scientific and Technical Information of China (English)

    杨树奕

    2012-01-01

    通过对发达国家成功的物流立法案例的分析,在剖析我国物流领域立法存在的问题的基础上,提出了完善我国物流立法的相关策略.%The healthy development of the logistics industry needs a positive legal environment. However, the imperfect logistics legal and regulatory system of China is severely restricting the development of the industry. Successful legislative experience of foreign countries can provide important reference for us. As a result, studying in-depth the relevant laws and regulations of developed countries can speed up the development of logistics legislation in China.

  15. ENFORCE Conceptual Framework

    OpenAIRE

    Lysemoset, Tom; MAHLER, Tobias; Solhaug, Bjørnar; Bing, Jon; Elgesom, Dag; Stølen, Ketil

    2007-01-01

    ENFORCE is a multi-disciplinary research project addressing trust management. The research objectives include the development of a methodology for the capture and analysis of policies for security and trust management, the development of a methodology for legal risk analysis to ensure trust, as well as the development of a language suitable for the specification of trust management policies. This report documents the ENFORCE conceptual framework for trust management by clarifying the notion o...

  16. 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

  17. The legal system, the U.S. Forest Service, and human-caused wildfires.

    Science.gov (United States)

    Linda R. Donoghue; Donna M. Paananen

    1984-01-01

    Presents an overview of the American legal system; describes the relations and interactions between the Forest Service and legal system components and processes; discusses how individuals enter, move through, and leave the legal system; and describes the current status of Forest Service law enforcement efforts directed at wildfire violations.

  18. The growing significance of the principle of sustainable development as a legal norm

    NARCIS (Netherlands)

    Verschuuren, Jonathan; Fisher, Douglas

    2016-01-01

    This chapter seeks to determine the current legal status of the principle of sustainable development in international law. There has been considerable debate about the legal nature of the principle of sustainable development as well as its meaning. Is it really a legal principle? Increased reference

  19. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    MJM Venter

    judicial review employed by the courts suitable for the current politico-legal landscape ..... believe that x is the case before he acts, the court should require that reasons .... The principle of separation of powers should not be allowed to.

  20. Immigrant health: legal tools/legal barriers.

    Science.gov (United States)

    Moua, Mee; Guerra, Fernando A; Moore, Jill D; Valdiserri, Ronald O

    2002-01-01

    The United States is a country of immigrants, our government having been formed by recent arrivals. This trend has continued throughout our history; according to the Center for Immigration Studies, more than 26 million immigrants have settled in the United States since 1970, and approximately one million new immigrants come to the United States each year. The immigrant population faces highly diverse health issues that states, cities, and counties must address, many of which pose significant legal and policy issues. Social, cultural, and linguistic factors complicate those challenges, as does the overlay of federal immigration and health policy. Two federal laws, the Welfare Reform Act of 1996 and Title VI of the federal Civil Rights Act of 1964, have affected immigrants in two very different ways. The former made it difficult for immigrants to qualify for publicly funded benefits. In contrast, Title VI made it easier for immigrants to obtain benefits by requiring federally funded service providers to offer translating services to persons with limited English language skills. Tuberculosis treatment is perhaps the most pressing health need among recent arrivals to the United States. Methods to slow down and hopefully eliminate this disease are underway, but a more comprehensive approach to not only tuberculosis but to immigrant health in general is needed. Indeed, it will benefit those directly affected by tuberculosis and will have serious implications for the entire population for generations to come.

  1. 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.

  2. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    requirements, state living will statutes, state death and gift taxes, and adoption of the Uniform Gifts to Minors Act. Several forms designed to be...health care, and a summary of state living will legislation. Legal assistance attorneys are advised that these state and territorial statutes are subject... state living will statutes is Gelfand, Living Will Statutes: The First Decade, 5 Wis. Law. Rev. 737 (1987). a A recent article addressing the types of

  3. Cultural Dimensions Of Legal Discourse

    Directory of Open Access Journals (Sweden)

    Sierocka Halina

    2014-09-01

    Full Text Available Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities

  4. 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.

  5. Financial Crisis as a Catalyst of Legal Reforms : The Case of Asia

    OpenAIRE

    Kawai, Masahiro; Schmiegelow, Henrik

    2013-01-01

    This paper discusses how financial crises in emerging Asia and Japan worked as catalysts for legal reforms. The responses of six Asian countries with different legal histories to financial crises that posed similar challenges are of both legal and economic interest. We first provide a theoretical framework that focuses on law and economics. We then review the basic approaches adopted by the Asian countries affected by financial crises in 1997–1998 to bank and corporate restructuring and to ...

  6. Legal Requirements of School Administrators Inlight of Modern Administrative Demands in Education

    OpenAIRE

    Carvajal Delgado, Dennisse

    2014-01-01

    This article is the conclusion of a research project analyzing the legal requirements pertaining to Costa Rica´s educational administrative system in light of modern demands and guidelines for educational administrators in addressing legal demands. This will serve as a legal framework guideline for school directors from the 4th circuit of the Metropolitan Regional Education Office in San Jose (DRESJC). This research project is qualitative as well as phenomenological and based on open intervie...

  7. The flood, the channels, and the dykes : managing legal information a globalized and digital world

    OpenAIRE

    Breuker, Joost; Casanovas, Pompeu; Klein, Michel C. A.; Francesconi, Enrico

    2009-01-01

    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...

  8. Competency and capacity: the legal and medical interface.

    Science.gov (United States)

    Purser, Kelly; Magner, Eilis S; Madison, Jeanne

    2009-05-01

    The loss of legal competency, in the context of wills, enduring powers of attorney and advance directives, presents a challenge to individual autonomy. Both legal and medical practitioners have roles to play in determining when, and if, to infringe upon a person's sovereignty in order to provide for their protection. However, there is some evidence that inter-professional discussions are characterised by tension. Medical expertise is necessary to assess physical and mental capacity, but the legal concern is with competency, two distinct terms. It is argued here that cooperation between the legal and medical professions is essential in this area of practice. This article attempts to promote discussion of this objective by proposing therapeutic jurisprudence as a theoretical framework in which to reassess competency determinations, by reviewing the institutional structure and by suggesting that the adoption of a common and consistent terminology is essential.

  9. How to Maintain Our Nation's trade and Investment Security in Africa and the Middle East in Legal Framework%如何在法律框架下维护中国在非洲、中东地区的贸易投资安全

    Institute of Scientific and Technical Information of China (English)

    梁曦月

    2012-01-01

    In recent years, increasingly close economic and trade relations have been built between China and Africa, the countries of the Middle East, and in the past three years, bilateral trade volume is close to or more than one hundred billion U.S. dollars. However, there is unrest in the political situation of Africa and the Middle East, and the legal protection is not perfect, so Chinese trade and investment activities with them have shown some unstable characteristics, facing with high investment risk and not optimistic trade security environ- ment. Therefore, how to maintain the trade and investment security of Chinese enterprises in Africa and the Middle East in legal framework, to expand bilateral trade space, will be the main contents of this paper.%近年来,中国和非洲、中东地区国家的经贸往来日益密切,在过去3年里,中国与非洲、中东地区的经贸总额都接近或超过千亿美元。但由于非洲、中东地区国家政局时有动荡,有关贸易方面的法律保障不健全,所以中国与之进行的贸易投资活动呈现出不稳定特征,且面临较高的投资风险和不容乐观的贸易安全环境。因此,探讨如何在法律框架下维护中国企业在非洲、中东地区的贸易投资安全,以拓展双方的贸易空间,具有重要意义。

  10. 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

  11. Statements from Youth in Legal Contexts: Effects of Consistency, Legal Role, and Age.

    Science.gov (United States)

    Molinaro, Peter F; Malloy, Lindsay C

    2016-01-01

    Jurors are often asked to evaluate statements provided by young victims, witnesses, and suspects. When, over time, youths' statements contain inconsistent information or recantations of prior statements, jurors face a difficult task in evaluating the validity of the initial claim. The underlying reasons for inconsistencies and recantation of young people's statements, particularly in cases of child sexual abuse, have been debated. Of primary interest here is whether inconsistencies (e.g., recantation) are evaluated differently by fact finders depending on the youth's age and role in a legal case. The current study examined effects of consistency of juvenile statements, legal role, and age on perceptions of testimony in a child sexual abuse investigation. Participants (N = 693) read vignettes describing child sexual abuse in which consistency of a follow-up statement (consistent, inconsistent, recanted), legal role (victim, witness, suspect), and age (10 years, 16 years) of the juvenile providing testimony were manipulated. The results revealed that judgments of initial statement quality, blameworthiness, and guilt were dependent on the consistency of follow-up statements and on the interactive effects of a juvenile's legal role and age. The current study has theoretical implications for understanding juror decision-making and practical implications for legal professionals and fact finders evaluating youths' statements. Copyright © 2016 John Wiley & Sons, Ltd.

  12. What's in a handshake? lLgal equality and legal consciousness in the Netherlands

    NARCIS (Netherlands)

    Hertogh, Marc

    2009-01-01

    In this article, I examine how ordinary citizens and legal professionals in The Netherlands understand non-discrimination law, using the theoretical framework of legal consciousness. In 2006, the Dutch Equal Treatment Commission ruled that a school was wrong to suspend a female Muslim teacher who, f

  13. 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

  14. 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

  15. Legal and Social Service Responses to Child Sexual Abuse: A Primer and Discussion of Relevant Research

    Science.gov (United States)

    Wiley, Tisha R. A.

    2009-01-01

    This paper provides a broad overview of legal and social service responses to child sexual abuse, the overarching legal framework provided by federal legislation, and funding mandates and the unique and shared investigative concerns of law enforcement and child protective service entities. Relevant psychological research is highlighted throughout,…

  16. Judicial control of legal relations in the sports law - de lege ferenda

    Directory of Open Access Journals (Sweden)

    Dean Vuleta

    2015-12-01

    Full Text Available The business of Sport is a complex entity in our current society. All participants in the business of sport (Sport Community includings athletes, coaches, managers and facilities providers require legal representation and consideration within the legal framework of the country in which they operate. The participants in the business of sport require civil, labor, criminal, commercial, and judicial regulation in order to maintain the integrity and raise the quality of their sport to a global level. Legislative and judicial authorities have neglected to pursue legislation that provides protection for the progress and development of the Sports Community. Current Sports Law has many gaps and is lacking the standardization which would provide judicial support for Sports Community. Without specific sport legislation there will be a substantial increase in disputes for the violation of subjective rights within the Sports Community. One of the most crucial unsolved questions is how a sport will be protected as an institutionalized and regulated activity from legal abuses in and outside of the specific sport. The Republic of Croatia is still lacking effective and organized judicial power of the quality necessary to protect and support its Sports Community. A solution to this problem is for those with legislative authority to initiate the procedure of forming specialized courts constituted only for trial in conflict situations related to sports conflicts. This excludes criminal offenses for which a prison sentence is determined. This initiative would lead to additional provisions of certain legal acts through necessary amandments, mainly Sports Law, Court Law and Civil Procedure.

  17. 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.

  18. 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…

  19. 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…

  20. 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 supervis

  1. 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

  2. The Exploring of Legal Protection on Current Travel Consumers' Rights and Interests in China%论当前我国旅游消费者权益的法律保护

    Institute of Scientific and Technical Information of China (English)

    刘青

    2012-01-01

    At present, phenomena damaging Chinese travel consumers' rights and interests have happened constantly. The legal rights and interests of travel consumers are not effective protected and which will blow enthusiasm of people travel and which will work against the future development of the tourism industry. Though researching from the tourist market situation, the author analyses the causes of violation of travel consumers' legal rights. From legislation, law enforcement and dispute resolving mechanism aspects, we talked about the improvement of the law system of travel consumers' rights and interests protection.%当前我国旅游消费者权益受到严重损害的现象时有发生,旅游消费者的合法权益得不到有效的保护,这必将打击人们出游的积极性,对未来旅游业的发展非常不利。从旅游市场的现状入手,分析旅游消费者权益遭受侵害的法律原因,并从立法、执法、纠纷解决机制三方面探讨了旅游消费者权益保护法律制度的完善问题。

  3. 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 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.

  4. 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.).

  5. 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.

  6. 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

  7. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  8. Biopiracy: about its legal meanings

    National Research Council Canada - National Science Library

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security...

  9. Collective legal protection: The European approach

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2014-01-01

    Full Text Available One of the basic goals of the EU justice policy is to ensure an efficient and effective legal protection, particularly in cross-border disputes and cases concerning the violation of rights guaranteed under the EU legislation. In order to accomplish this goal, the EU embarked on a horizontal harmonization of civil procedure in some sectors and reinforced the institutional cooperation of Member States in the field of civil justice. Concurrently, there were some legal interventions in the field of civil procedure, which contributed to establishing a number of European procedural mechanisms, such as: the European Small Claims Procedure (2007, the European Payment Order Procedure (2006, etc. Many studies and analyses show that procedural mechanisms of collective legal protection are essential for ensuring an efficient and effective legal protection of rights guaranteed by the EU law. The idea of introducing the collective legal protection instruments into the EU law has been present for more than two decades. It has been endorsed by the European Economic and Social Committee, which has played the key role in its promotion. In June 2013, after extensive consultations, the European Commission adopted the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Members States concerning violations of rights guaranteed under the EU law. This document has provided a coherent horizontal framework for the collective legal protection at the EU level by establishing the common European principles for collective redress mechanisms which the Member States should incorporate into their national systems. Analysis of the common principles governing the collective legal protection shows that the European approach to shaping the collective redress claims is significantly different from the American class action model, which is considered to be incompatible with the European legal tradition and deemed to provide a wide

  10. Drug Control in Fragile States: Regional Cooperation and Differing Legal Responses to the Afghan Opiate Epidemic

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    The explosive growth of opium and heroin production in Afghanistan has had grave implications for global trafficking and organised crime. The European Union pursues a policy to stop the inflow of illicit narcotics closer to their source and this presentation outlines the challenges encountered......-narcotics agencies of the region as caused by a plethora of legal obstacles in the respective national penal and administrative codes, as well as an insufficient legal basis for regional collaboration. These premises could not be validated on the ground. The legal framework in the region is adequate and no legal...

  11. Preventive legal obligations and principles in modern international environmental law. The current status of international environmental exploitation and protection. Praeventive Rechtspflichten und -prinzipien des modernen Umweltvoelkerrechts. Zum Stand des Umweltvoelkerrechts zwischen Umweltnutzung und Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Hohmann, H.

    1992-01-01

    The doctoral dissertation first examines the contribution of international organisations and bodies to the development of international environmental law outside of international agreements. It then analyses the international agreements on the protection of the environment. The three characteristics of modern international environmental law, namely direct protection of environmental media, relationship of several states, who are emitters or have protective obligations, to a multitude of spatially distant victim states, and thinking in terms of common responsibilities, regional cooperation or global common-concern criteria are shown to be also present in the environmental agreements. The author comes to the conclusion that a switch of paradigms has taken place in international environmental law. Traditional international law, with its fixation on the efficient allocation of resources, has developed since roughly 1982/1987 into the modern form of international environmental law, which is primarily concerned with environment protection, and is largely characterized by precautionary/preventive legal obligations and principles. (orig./HSCH).

  12. LEGAL-SERVICE-ORIENTED ARCHITECTURE (LSOA) IN ELAWYER

    OpenAIRE

    Xingan Li

    2010-01-01

    Legal services have long been practiced under a monopolistic mode, face-to-face consultation between lawyers and clients being the prototype. Pervasive use of information systems provides the possibility for clients to access legal services in a more cost-effective way. eLawyer is an electronic system assisting lawyers to provide and clients to receive legal services. In this paper, I would like to introduce current development in the respect of eLawyer. In this paper, a broad outlook on lega...

  13. Legal Resources Information System for Information Agencies of Specialized Libraries

    CERN Document Server

    Nguyen, Phuc V

    2011-01-01

    In recent years, the rapid development of information technology and communication has a strong impact to industry information - the library. The mission of the industry when in fact the great social place to see the library as knowledge management. Vietnam is in the process of building the rule of law socialist orientation and improves the legal system. So in the current development process, the law library plays an important role in the retention, dissemination and provision of legal information service of legislative, executive and judiciary, particularly especially research, teaching and learning of law school. But the response of the legal information library information agencies remains limited compared to the increasing demand of users.

  14. 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…

  15. 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…

  16. 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

  17. 欧盟众筹金融监管法律框架及评析%The Review of the Legal Framework on the Regulation of Crowd-Funding in European Union

    Institute of Scientific and Technical Information of China (English)

    柴珂楠

    2014-01-01

    With the rapid development of crowd-funding, the European Commission has published relevant documents as attempts to strengthen the regulation on crowd-funding at the EU level. Crowd-funding not only helps European SMEs obtain financing in the wake of the economic crisis and European sovereign debt crisis, but also suits the EU development plan in the years ahead. At the EU level, the regulatory framework on crowd-funding is mainly composed of existing Directives. At the member states level, in addition to the existing legislation, some countries have already enacted special regulations or applicable guidelines on crowd-funding. This paper examines the existing legislation of EU and its member states on crowd-funding and finds out that the legislation is still at an early stage and some problems deserve more attention, which include the fragmentation of legislation, legislative gaps, and how to innovate within the existing mechanisms.%随着众筹的快速发展,欧盟委员会已发布相关文件以探索在欧盟层面对众筹进行监管的路径。众筹不仅帮助欧洲中小企业在经济危机和欧债危机后的困难局面下获得了融资,也契合欧盟今后几年的发展规划。在欧盟层面,针对众筹的规制框架主要由现存指令构成;在欧盟成员国层面,除现有法规外,一些国家已先行颁布针对众筹的专门法规或适用指引。从目前欧盟及其成员国的立法情况来看,因众筹处于发展初期阶段,包括立法碎片化、立法空白以及在现有机制内尝试创新等问题都值得关注。

  18. Applying the Legal Security Principle in Administrative Law

    Directory of Open Access Journals (Sweden)

    Vasilica NEGRUŢ

    2015-08-01

    Full Text Available The objective of the paper is founded on a very current topic and of real interest. Using content analysis, through a descriptive study research, this study aims at identifying the content of the legal security principle and the way in which the courts in Romania, the public authorities achieve a proper application of this European principle. For this purpose, it was achieved an analysis of specific objectives aiming at, in particular, the requirements of legal security principle and the way in which they manifest in the national law. We appreciate that, although it does not beneficiate of an express assignment in the Romanian legislation, being a creation of jurisprudence, the legal security principle is in the current context, a fundamental principle of state law, which should give every citizen the opportunity to evolve into a secured, predictable legal environment.

  19. [Temporary disability and its legal implications].

    Science.gov (United States)

    Martin-Fumadó, Carles; Martí Amengual, Gabriel; Puig Bausili, Lluïsa; Arimany-Manso, Josep

    2014-03-01

    Temporary disability is the condition that workers face when, as the result of illness (common or professional) or accident (work-related or not), they are temporarily prevented from performing their work and require health care. The management of temporary disability is a medical act that involves (in addition to a complex clinical assessment) obvious social, occupational and financial connotations and requires continuing medical follow-up from doctors, as well as responses to medical-legal conflicts. The regulatory framework on the subject is extensive in the Spanish setting and highly diverse in the European setting. Beyond the regulatory framework, the repercussions of temporary disability are self-evident at all levels. Although determining temporary disability is a common medical act for practicing physicians, it is not exempt from risks or difficulties arising from the assessment itself and the characteristics of practicing medical care. Established medical-legal conflicts include the processing of health data and the requirements for transferring information related to workers' temporary disability to their company's medical services. The interest and usefulness demonstrated by the data obtained from forensic medicine for public health require the incorporation of these data into general healthcare information, as it could be essential to the surveillance of worker health. The recommendations established by medical societies, as good practice guidelines, are especially useful in this type of conflict.

  20. European stem cell research in legal shackles.

    Science.gov (United States)

    Nielen, Myrthe G; de Vries, Sybe A; Geijsen, Niels

    2013-12-11

    Advances in stem cell biology have raised legal challenges to the patentability of stem cells and any derived technologies and processes. In 1999, Oliver Brüstle was granted a patent for the generation and therapeutic use of neural cells derived from human embryonic stem cells (hESCs). The patent was challenged and put before the European Court of Justice, which ruled that inventions involving the prior destruction of human embryos cannot be patented. The legal maneuvering around this case demonstrates that the future of stem cell-based patents in Europe remains unsettled. Furthermore, owing to the European Court's broad definition of hESC as 'any cell that is capable of commencing development into a human being,' novel technologies that could eliminate the need for hESCs, such as induced pluripotent stem cells (iPSCs), are at risk of being included under the same ruling. Advances in the in vitro development of germ cells from pluripotent stem cells may one day provide a direct developmental path from iPSC to oocyte and sperm, and, according to the European Court's reasoning, legally equate iPSCs with human embryos. In this review, we will briefly discuss the Brüstle v Greenpeace case and the implications of the European Court of Justice's ruling. We will identify potential risks for stem cell research and future therapeutics resulting from the broad legal definition of the human embryo. Finally, we will broach the current legal landscape, as this broad definition has also created great uncertainty about the status of human iPSCs.

  1. 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.

  2. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    Plain language changes in the municipality of Stevns In 2014 the municipality of Stevns in Denmark carried out a pilot project to initiate a plain language initiative covering the entire municipality. The pilot project involved a small section of Social Services and dealt with the reformulation...... of a series of letters. The group consisted of the project leader, the section’s head, and five staff members. The staff members went through the letters that they send out to citizens in order to edit them to plain language principles. I followed the process from beginning to end by observing meetings...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  3. 75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

    Science.gov (United States)

    2010-08-06

    ... Employment and Training Administration Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office..., applicable to workers of Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Independence... that some workers separated from employment at the Independence, Ohio location of Thomson Reuters...

  4. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...... and looks at the overlapping roles of authors as activists, teachers, communicators etc....

  5. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  6. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  7. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  8. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact, legislator

  9. A study on the improvement of the legal system concerning Korean Atomic Energy Act

    Energy Technology Data Exchange (ETDEWEB)

    Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub [Chungnam National Univ., Taejon (Korea, Republic of)

    1998-03-15

    Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations.

  10. ORGANIZATIONAL AND LEGAL STUDY OF THE CIRCULATION OF THE COMBINED MEDICINES CONTAINING DEXTROPROPOXYPHENE

    Directory of Open Access Journals (Sweden)

    Shapovalov VV

    2016-03-01

    dekstropropoksyfen-containing medicines should be discharged on a single prescription form F-1. To streamline the rules trafficking controlled drugs, which include controlled narcotic, have restrictions on their circulation stages of prescribing and dispensing, which is associated with quantitative content of psychoactive substances. Thus, for controlled medicines containing in its composition dekstropropoksyfen amount set for delivery in one recipe is not more than 0.6 grams of narcotic drug (p. 1.22.2 Order. In order to control the traffic of controlled medicines containing in its composition dekstropropoksyfen, regardless of its quantity and dosage form, all dekstropropoksyfen-containing medicines be subject-quantifiable in health care institutions that adopted Annex 3 of this order. Conclusions. During the organizational and legal studies analyzed the current pharmaceutical legislation-governing circulation of combined dextropropoxyphene-containing medicines. The particularities of the prescription of dextropropoxyphene-containing medicines were shown. On the example of the medicine of "Spazmoleks" showed the change in the regulatory framework of the combined circulation of the medicines and changing availability dextropropoxyphene-containing medicines for forensic and pharmaceutical criteria of "control mode". During the organizational and legal research conducted a retrospective analysis of prescription turnover dextropropoxyphene-containing medicines. According to the analysis revealed that these drugs are sold from pharmacies and structural units by the prescription F-1. Furthermore, according to existing pharmaceutical legislation it is possible to write and dispense recipe of the F-1 in combined dextropropoxyphene medicaments in an amount of more than 0.6 g in the case when packing products contains not more than 50 tablets. It was fixed that today dextropropoxyphene-containing medicines are subject-quantifiable. In the format of organizational and legal studies analyzed

  11. [Living donors for kidney transplantation: ethical and legal challenges].

    Science.gov (United States)

    Mamzer-Bruneel, Marie-France; Fournier, Catherine; Legendre, Christophe

    2010-05-01

    Living donor kidney transplantation has developed very heterogeneously worldwide despite excellent results and without taking into account the context of global organ shortage. Such a heterogeneity highlights persistent ethical issues, whereas organ trafficking is emerging as an organized transplant tourism reinforcing the need for strong national legal frameworks. Despite its powerful regulation system, which ensures standardization, transparency and accountability of support for donation, France remains reluctant to enlarge the circle of legal donors, whereas it would be the first step to give a greater role to living organ donation.

  12. A system-wide analysis using a senior-friendly hospital framework identifies current practices and opportunities for improvement in the care of hospitalized older adults.

    Science.gov (United States)

    Wong, Ken S; Ryan, David P; Liu, Barbara A

    2014-11-01

    Older adults are vulnerable to hospital-associated complications such as falls, pressure ulcers, functional decline, and delirium, which can contribute to prolonged hospital stay, readmission, and nursing home placement. These vulnerabilities are exacerbated when the hospital's practices, services, and physical environment are not sufficiently mindful of the complex, multidimensional needs of frail individuals. Several frameworks have emerged to help hospitals examine how organization-wide processes can be customized to avoid these complications. This article describes the application of one such framework-the Senior-Friendly Hospital (SFH) framework adopted in Ontario, Canada-which comprises five interrelated domains: organizational support, processes of care, emotional and behavioral environment, ethics in clinical care and research, and physical environment. This framework provided the blueprint for a self-assessment of all 155 adult hospitals across the province of Ontario. The system-wide analysis identified practice gaps and promising practices within each domain of the SFH framework. Taken together, these results informed 12 recommendations to support hospitals at all stages of development in becoming friendly to older adults. Priorities for system-wide action were identified, encouraging hospitals to implement or further develop their processes to better address hospital-acquired delirium and functional decline. These recommendations led to collaborative action across the province, including the development of an online toolkit and the identification of accountability indicators to support hospitals in quality improvement focusing on senior-friendly care.

  13. Legal Knowledge as a Tool for Social Change

    Science.gov (United States)

    González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

    2017-01-01

    Abstract In May 2006, Colombia’s Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman’s health or life; and (3) fetal malformations incompatible with life. Immediately following the court’s ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision’s implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa’s strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a “pedagogical effect” insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa’s choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge. PMID:28630545

  14. Legal Language in Intercultural Communication

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2012-12-01

    Full Text Available This paper addresses the considerable role of legal translation in intercultural communication. Effective intercultural communication requires sufficient language skills and also extensive knowledge of the cultures involved, which encompass official social behaviour norms, enshrined in the corresponding legal systems. The basic legal terms often pose substantial difficulties even for experienced translators and, hence, to communication, because these terms nominate concepts that are inherently linked with culture, moral values and legal tradition of a given country. In intercultural communication the most widely used legal English is permeated by Anglo-Saxon legal system and concepts which have little or no equivalents in Romano-Germanic or other continental law countries. The authors present a comparative analysis of the translation strategies employed by the compilers of two main English-Lithuanian law dictionaries (V. Bitinaitė „Mokomasis anglų-lietuvių kalbų teisės terminų žodynas“ and O. Armalytė, L. Pažūsis. „Anglų-lietuvių kalbų teisės žodynas“ in translation of the English-Welsh law terms defining abstract common law terms, some specific English-Welsh legal professions and the English-Welsh court names. The findings of the analysis reveal the difficulties which the dictionary compilers have to cope with when translating culture-bound terms and the strategies chosen by them for problematic translations. The research also highlights the role of the legal language translator as the key figure in facilitating different cultural background comprehension of the legal terms and, what is even more important, specific aspects of legal systems; the latter being necessary for efficacious intercultural cooperation.

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

    Science.gov (United States)

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

    2013-01-01

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

  16. Towards an integrated global framework to assess the impacts of land use and management change on soil carbon: current capability and future vision

    NARCIS (Netherlands)

    Smith, P.; Davies, C.A.; Ogle, S.; Zanchi, G.; Bellarby, J.; Bird, N.; Boddey, R.M.; McNamara, N.P.; Powlson, D.; Cowie, A.; Noordwijk, van M.; Davis, S.C.; Richter, de D.B.; Kryzanowski, L.; Wijk, van M.T.; Stuart, J.; Kirton, A.; Eggar, D.; Newton_Cross, G.; Adhya, T.K.; Braimoh, A.K.

    2012-01-01

    Intergovernmental Panel on Climate Change (IPCC) Tier 1 methodologies commonly underpin project-scale carbon accounting for changes in land use and management and are used in frameworks for Life Cycle Assessment and carbon footprinting of food and energy crops. These methodologies were intended for

  17. preliminary study of American legal culture

    Institute of Scientific and Technical Information of China (English)

    周杨

    2016-01-01

    This thesis is a preliminary study of American legal culture. Nowadays more and more scholars see the importance of legal culture and do studies on it. The author selects a number of American legal TV plays and movies; analyzes their topics, main characters, and plots; then finds out why United States adopt the legal system; what kind of legal culture it has; and how the legal culture is reflected in those movies and TV plays. The author hopes this thesis can work not only as an insight into the American legal culture, but also a source of reference for china to improve its legal system.

  18. The legal duty of local government to facilitate development

    Directory of Open Access Journals (Sweden)

    Theo Scheepers

    1999-03-01

    Full Text Available Local government in South Africa is not only facing challenges normally associated with a process of development or transformation, but needs to adjust its focus according to the new development paradigm unfolding in South Africa. Developmental local government has to accomplish this task according to the mandate issued in the Constitution and within a specific legal-institutional and value framework The legal-institutional framework is based on a set of development law principles contained in new generation legislation. The value framework consists of community values as well as constitutional values reflecting individual and community values, norms and principles. This framework imposes a legal and moral duty as well as corresponding obligations on municipalities to plan and implement future socio-economic development of the areas for which they are responsible according to a new set of development principles and values. These principles make it incumbent upon municipalities to manage development through a people-centred and community-driven process. This article briefly deals with the nature and content of the duties and responsibilities of municipalities emanating from a new development paradigm when facilitating the development process within their areas of jurisdiction.

  19. Legalized Abortion in Japan

    Science.gov (United States)

    Hart, Thomas M.

    1967-01-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing. PMID:6062283

  20. Legal and technical difficulties of web archival in Singapore

    Directory of Open Access Journals (Sweden)

    Jhonny Antonio Pabón Cadavid

    2014-11-01

    Full Text Available Web Archiving in the National Library of Singapore is one of the fundamental actions to ensure the preservation of national digital heritage. By the year 2006, the National Library of Singapore (NLS has started a Web Archive initiative called Web Archive Singapore (WAS. This paper analyses the legal and technical issues that act as obstacles for the collection and management of the digital collections established through Web Archiving in Singapore. WAS lacks an adequate copyright framework for its digital records management, including long-term preservation and access. From a technical perspective we analyze the latest international developments and challenges of web archival. In both analysis legal and technical, we emphasizes on users of archives as the main leitmotif when focus on solutions. Our final recommendations and conclusions are underlined by the fact that NLS must encourage research and knowledge creation through the support of digital humanities, implementing technical and legal solutions that foster a Web Archive.

  1. Legal and technical difficulties of web archival in Singapore

    Directory of Open Access Journals (Sweden)

    Jhonny Antonio Pabón Cadavid

    2014-12-01

    Full Text Available Web Archiving in the National Library of Singapore is one of the fundamental actions to ensure the preservation of national digital heritage. By the year 2006, the National Library of Singapore (NLS has started a Web Archive initiative called Web Archive Singapore (WAS. This paper analyses the legal and technical issues that act as obstacles for the collection and management of the digital collections established through Web Archiving in Singapore. WAS lacks an adequate copyright framework for its digital records management, including long-term preservation and access. From a technical perspective we analyze the latest international developments and challenges of web archival. In both analysis legal and technical, we emphasizes on users of archives as the main leitmotif when focus on solutions. Our final recommendations and conclusions are underlined by the fact that NLS must encourage research and knowledge creation through the support of digital humanities, implementing technical and legal solutions that foster a Web Archive.

  2. SPAM -- Technological and Legal Aspects

    CERN Document Server

    Banday, M Tariq

    2011-01-01

    In this paper an attempt is made to review technological, economical and legal aspects of the spam in detail. The technical details will include different techniques of spam control e.g., filtering techniques, Genetic Algorithm, Memory Based Classifier, Support Vector Machine Method, etc. The economic aspect includes Shaping/Rate Throttling Approach/Economic Filtering and Pricing/Payment based spam control. Finally, the paper discusses the legal provisions for the control of spam. The scope of the legal options is limited to USA, European Union, New Zealand, Canada, Britain and Australia.

  3. LEGAL-SERVICE-ORIENTED ARCHITECTURE (LSOA IN ELAWYER

    Directory of Open Access Journals (Sweden)

    Xingan Li

    2010-06-01

    Full Text Available Legal services have long been practiced under a monopolistic mode, face-to-face consultation between lawyers and clients being the prototype. Pervasive use of information systems provides the possibility for clients to access legal services in a more cost-effective way. eLawyer is an electronic system assisting lawyers to provide and clients to receive legal services. In this paper, I would like to introduce current development in the respect of eLawyer. In this paper, a broad outlook on legal service is applied, and I will give some basic ideas about how the eLawyer should be structured and operated, which parties are involved, what kind of relationship they have, what services they transact, and what limitations there are in eLawyer services.

  4. Death before life: The legal status of cadaveric foetuses

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    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...... general reflections on the legal status of cadaveric foetuses....... 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...

  5. Review of Legislation and Regulatory Framework in Ukraine with Regard to Environmental Radiation Monitoring

    Energy Technology Data Exchange (ETDEWEB)

    Goldammer, Wolfgang; Batandjieva, Borislava (Private Consultants (Ukraine)); Nasvit, Oleg (National Security and Defence Council of Ukraine, Kyiv (Ukraine)); German, Olga (Swedish Radiation Safety Authority, Stockholm (Sweden))

    2009-06-15

    The aim of this review is to compare the current legal basis and regulatory framework in Ukraine to the relevant international safety requirements and to identify shortcomings, such as deficiencies and internal contradictions. However, no assessment of its practical implementation is made beyond the aspects related to environmental radiation monitoring. The report focuses on 13 areas present in the in the Ukrainian legislation and regulatory framework: R-1 Radiation monitoring R-2 Definition of responsibilities R-3 Normal situations R-4 Emergencies R-5 Long-term monitoring R-6 Intervention in cases of lasting exposure R-7 Use of monitoring data R-8 Record keeping R-9 Reporting to the regulatory authority R-10 Public information R-11 Human and financial resources R-12 Transboundary aspects R-13 Quality assurance. For each topic a description of the current situation and an evaluation is carried out. Ranking is then supplied supported by its evaluation. In brief these categories are: A: The national legal and regulatory documents are harmonised in substance with the international safety requirements; B: Substantial differences exist between the national and international requirements which should be addressed with the view to harmonise the legislation; C: Substantial deficiencies exist in the legal and/or regulatory bases which results in no or at least partial compliance with international safety requirements. P: In addition practical issues are also provided to indicates where practical implementation of the legislation and regulatory basis is not adequate in all respects. This report then presents main observations and conclusions of the review. On this basis, the report derives general suggestions for improvement of the legal and regulatory bases. These should be considered by the Ukrainian Government and the regulatory authorities within an action plan to improve the legal basis for radiological monitoring of the environment and to facilitate its implementation

  6. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang-zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consider-ation of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of foren-sic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteris-tics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its char-acteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods in-clude literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  7. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consideration of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of forensic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteristics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its characteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods include literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  8. [Environmental sustainability and health indicators in the Legal Amazonia, Brazil].

    Science.gov (United States)

    Freitas, Carlos Machado de; Giatti, Leandro Luiz

    2009-06-01

    One of the challenges for public health is to build systems of indicators that allow monitoring current conditions and trends in environmental and health sustainability. This article focuses on the Legal Amazonia macro-region, which has undergone profound socioeconomic, environmental, and health changes since the mid-20th century. The conceptual framework adopted here was the model entitled Driving Forces, Pressures, State, Exposure, Effects, and Action (DPSEEA) proposed by the World Health Organization and adopted for environmental health surveillance by the Brazilian Ministry of Health. The results show that numerous motor forces and pressures have contributed to the growth of the economy and the population, as well as to improvements in some traditional health indicators (a reduction in infant mortality and an increase in life expectancy), alongside major social and economic inequalities and heterogeneity in environmental health impacts. This same process has been accompanied by environmental changes that indicate an unsustainable development model for present and future generations, demanding comprehensive action by public health and environmental institutions.

  9. Regulatory GRC in the cloud - An explorative comparison of the legal challenges in the European Union and the United States

    OpenAIRE

    2013-01-01

    Objectives of the study The increasingly prevalent use of cloud services, combined with mounting regulatory pressure driven by recent privacy and security incidents, has indicated the need for a better understanding of the legal challenges in the cloud environment. Although technical and business risks have both been documented by academia, few studies have comprehensively considered the legal dimensions. We aim to provide a broad overview of the legal framework surrounding cloud computin...

  10. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

    Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...

  11. The Legal System in China

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    @@ The present legal system dates back to the late 1970s. The Sino-Foreign Equity Joint Venture (JV) Law of 1979 was the first step towards creating laws to meet the changing political and economic landscape.

  12. Legal briefing: organ donation and allocation.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to organ donation and allocation. This topic has been the subject of recent articles in JCE. Organ donation and allocation have also recently been the subjects of significant public policy attention. In the past several months, legislatures and regulatory agencies across the United States and across the world have changed, or considered changing, the methods for procuring and distributing human organs for transplantation. Currently, in the U.S., more than 100,000 persons are waiting for organ transplantation. In China, more than 1.5 million people are waiting. Given the chronic shortage of available organs (especially kidneys and livers) relative to demand, the primary focus of most legal developments has been on increasing the rate of donation. These and related developments are usefully divided into the following 12 topical categories: 1. Revised Uniform Anatomical Gift Act. 2. Presumed Consent and Opt-Out. 3. Mandated Choice. 4. Donation after Cardiac Death. 5. Payment and Compensation. 6. Donation by Prisoners. 7. Donor Registries. 8. Public Education. 9. Other Procurement Initiatives. 10. Lawsuits and Liability. 11. Trafficking and Tourism. 12. Allocation and Distribution.

  13. Government Advertising: an integrative element. The legal framework in Spain

    Directory of Open Access Journals (Sweden)

    Dr. Ricardo Vizcaíno-Laorga

    2008-01-01

    Full Text Available Immigration in Spain has had a special increase last ten years. America is a main origin. The advertising from companies is similar like few years ago, but the context has changed. Advertising from Government is being managed to this new sensibility, but slow and not from a logical strategy. A Law about Government Advertising and Communication has been promulgated and it assure the social and cultural diversity. Integration and acceptance are the objectives of the campaigns from the Government. This research show the data of a pioneer study in which the immigrants are the analyst (not the analyzed and show their feeling. This text describe the campaigns from the Government in which the immigrant appear

  14. law of the dance: legal and regulatory framework for promoting ...

    African Journals Online (AJOL)

    RAYAN_

    easily highlight the strategic power of dance and melody in inspiring societal development in .... which involves the development and exercise of their capacities for rationality ..... 33 Amy Morin, “Can Music Be a Bad Influence on Kids & Teens?” (27 January ... of money, ostentatious goods, and the ratification of the excess.

  15. evaluation of the legal framework for promoting sustainable ...

    African Journals Online (AJOL)

    RAYAN_

    mining co-operatives of small scale and artisanal miners.27 This provision has the potential of ... such revenue form a huge part of the country's revenue base and budgetary ..... governments and their agencies, extractive industry companies ..... in one community, its effect like water pollution, gas flaring and acid rain, may.

  16. Alternative Dispute Resolution in Ethiopia - A Legal Framework

    African Journals Online (AJOL)

    Nekky Umera

    Shimagelle by the Amhara, and the other ethnic groups were used. But .... imposes a binding decision on the parties, while conciliation involves third party ... The Position of Alternative Dispute Resolution in Ethiopia today. In practice, and by ...

  17. The European legal framework regarding e-commerce

    NARCIS (Netherlands)

    Schaub, M.Y.

    2004-01-01

    The year 2000 is a memorable year in the history of e-commerce. This is the year of the so-called 'dot.com shake-out'. The year 2000 is also the year the European Union issued its e-commerce directive. The directive means to regulate but also facilitate e-commerce in the internal market, by laying

  18. LEGAL ASPECTS OF THE REGULATORY FRAMEWORK FOR CREDIT RATING AGENCIES

    Directory of Open Access Journals (Sweden)

    Oana Mihaela MARIOARA (ORHEIAN

    2014-06-01

    Full Text Available This article makes an analysis of the main regulations used by the credit rating agencies on the financial market. The article describes the main specific legislation on credit rating agencies existing on the market. Credit rating agencies are issuing independent opinions on the reliability of an entity, of a debt, of financial obligations, or of a certain financial instrument. The credit ratings issued by the credit rating agencies established in the European Union are analysed by investors, debtors, issuers and governments, helping all these entities in making any decisions on investments and financing. These ratings may also serve as reference for determining their own funds, necessary to ensure the solvency or reference helping the investors in assessing any risks related to their investment activities. Rating agencies and the products they offer on the international capital market are subject of various researches, which mainly refer to market structure and organization, to the architecture of agencies` s rating systems, to the rating functions, to the controversies concerning rating activity, the role of rating agencies and rating quality.

  19. Oceans and the regulatory framework: A techno-legal perspective

    Digital Repository Service at National Institute of Oceanography (India)

    VijayKumar, B.

    organizations are to be held responsible for damage caused by their own research activities or for action they take against the research conducted by others when such action contravenes the Convention. In the event of certain disputes the researching state... over maritime areas adjacent to their coasts, navigation and marine transport, overflight of aircraft, marine pollution, marine scientific research and technology, conservation and exploitation of marine living resources, and the development...

  20. Legal Framework for the Regulation of Waste in Nigeria

    African Journals Online (AJOL)

    FIRST LADY

    These laws touch on pollution of air, water, soil, food, waste management, land use ... today are derived from norms and principles of international laws in form of .... management practices are compatible with the overall goal of bequeathing a.

  1. Legal framework of the bioenergetics; Marco juridico de los bioenergeticos

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2009-12-15

    This paper presents the law on the Promotion and Development of Bioenergy in Mexico, the regulations of the Law on Promotion and Development of Bioenergy, the agreement on the issue guidelines for the granting of permits for the production, storage, transportation and marketing of biofuels type anhydrous ethanol and biodiesel, the agreement by which emit formats permit applications for the production, storage, transport and marketing of biofuels type anhydrous ethanol and biodiesel and the agreement which delegates to the Secretary of Energy Planning and Technological Development, the powers referred in Article 12 of the Law for the Promotion and Development of Bioenergy. [Spanish] En este documento se presenta la ley de Promocion y Desarrollo de los Bioenergeticos en Mexico, el reglamento de la Ley de Promocion y Desarrollo de los Bioenergeticos, el acuerdo por el que se emiten los lineamientos para el otorgamiento de permisos para la produccion, el almacenamiento, el transporte y la comercializacion de Bioenergeticos del tipo Etanol Anhidro y Biodiesel, el acuerdo por el que se emiten los formatos de solicitudes de permisos para la produccion, el almacenamiento, el transporte y la comercializacion de Bioenergeticos del tipo Etanol Anhidro y Biodiesel, y el acuerdo mediante el cual se delega en el Subsecretario de Planeacion Energetica y Desarrollo Tecnologico, las facultades a que hace referencia el articulo 12 de la Ley de Promocion y Desarrollo de los Bioenergeticos.

  2. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

    Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to

  3. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

  4. In Search of Legal Foundation for Indonesian Family Firms

    Directory of Open Access Journals (Sweden)

    Yetty Komalasari Dewi

    2016-08-01

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

  5. The legal system of immigration in Spain: continuous change.

    Directory of Open Access Journals (Sweden)

    José María Ruiz de Huidobro

    2016-10-01

    Full Text Available This paper provides a first analysis of the Organic Law (LO 8/2000, which reformed the LO 4/2000 shortly after the latter was approved. This speedy modification was due LO 4/2000 having been approved at the end of the last legislature and against the will of the government in power. This legislative process has led to the break up of the basic consensus which had existed among the political parties and has given rise to a bitter, unbalanced social debate on how to address the issue of immigration. The reform involves alterations being made to almost all the articles of the LO 4/2000 and reveals a general change of orientation in this regard, as the emphasis is transferred from social integration to the control of migratory flows. However, from the technical, judicial point of view, the legal reform cannot be given a positive assessment. The whole legal process has failed to appreciate that the application or management of the legal framework and the instrumentation of specific policies on social integration are just as important as the legal framework itself; this erroneous focus on the issue raises serious questions regarding the future of immigration into Spain.

  6. Regulating genetic information--exploring the options in legal theory.

    Science.gov (United States)

    2014-12-01

    Ground-breaking genetic discoveries and technological advances have introduced a new world of genetic exploration, and technological advances have facilitated the discovery of the genetic basis of a myriad of diseases. Genetic testing promises to potentially revolutionise health care and offer the potential ofpersonalised medicine. Genetic technology may also offer the means to detect potential future disabilities. In light of rapid advances in genetic science and technology, questions arise as to whether an appropriate framework exists to protect the interests of individuals, prevent the misuse of genetic information by interested third parties, and also to encourage further advances in genetic science. In consideration of rapidly advancing genetic technologies and the ethical and legal concerns that arise, this article examines the regulation of genetic information, primarily from a theoretical perspective. It explores the preferable mode of regulation and choice of regulatory frameworks in legal theory, including non-discrimination, privacy and property.

  7. University-Industry Cooperation: A Framework of Benefits and Obstacles.

    Science.gov (United States)

    Mora Valentin, Eva Maria

    2000-01-01

    Universities, industry, and government each gain financial, technological, and strategic benefits from cooperation. Their motivations are educational, political, and epistemological. Barriers to cooperation include industry restrictions, appropriation of research, communication problems, and cultural differences. A legal framework and…

  8. Legal Regime of Shale Gas Extraction

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2013-12-01

    Full Text Available Some countries with large reserves intend to promote shale gas production, in order to reduce their dependency on imported gas. Shale gas will be an important new aspect in the world energy scene, with many effects.European Union wants secure and affordable sources of energy. Natural gas is the cleanest fossil fuel and a vital component of European Union's energy strategy. One of the most important aspects is that gas produces significantly cleaner energy than other fossil fuels.From a legal point of view, extraction of oil and natural gas is one of the most highly-regulated activities.In European Union, the regulation of shale gas activities is different if we compare with United States. United States has a complete framework of federal and state regulation of shale gas extraction. More than that, these regulations have evolved in order to respond to the United States shale gas boom.Legal regime of shale gas extraction in every member state of European Union must put together national and European Union regulations in this field of activity.

  9. A Basic Classification of Legal Institutions

    NARCIS (Netherlands)

    Ruiter, Dick W.P.

    1997-01-01

    The author offers a general definition of legal institutions. A distinction between institutional legal concepts, legal institutions and social institutions makes it possible to define legal institutions as systems of valid presentations of what must occur in social reality in order that the former

  10. Legal Typewriting, Business Education: 7705.35.

    Science.gov (United States)

    Missirlian, Melanie

    The course is designed to help the student qualify for employment as a typist in a legal office. Instruction is given to enable the student to prepare all types of legal documents, spell and use legal terminology correctly, and transfer legal information from one document to another. The course description includes: (1) equipment and supplies, (2)…

  11. Current regulations and state investment in the wind power projects

    Directory of Open Access Journals (Sweden)

    Danijela Simeunović

    2015-09-01

    Full Text Available It is the objective of this paper to present the path which the wind farm projects have undergone in Croatia from their introduction and expansion since the year 2007 up to the today's date when their development is temporarily stayed. The paper first describes the political and legal framework for renewable energy sources in Croatia, and specifically for wind power plants, as well as the current status of investment in building of wind farms in Croatia. The paper further analyses why the Croatian system of promotion of eligible producers has proven to attract investment, albeit unsustainable for a longer period of time, and which regulatory measures have later contributed to the suspension of wind farm investment in 2014. Legal and factual consequences of such suspension are discussed at the end of the paper, as well as some potential new business models for further exploitation of wind energy in Croatia.

  12. PRE-TRIAL SETTLEMENT OF DISPUTES WITH CUSTOMS IN LITHUANIA: DEVELOPMENT OF LEGAL REGULATIONS, IT‘S PROBLEMS AND PROSPECTS

    Directory of Open Access Journals (Sweden)

    Gediminas Valantiejus

    2013-06-01

    Full Text Available Purpose – the aim of this article is to analyse and examine development of Lithuanian legislation governing the pre-trial settlement of the disputes with customs authorities (prior to accession to the European Union, and after it; discuss the practical problems related to regulation of the pre-trial litigation procedures and provide suggestions for the improvement of legal framework in order to ensure transparent and cost-effective resolution of disputes with customs. Design/methodology/approach – analysis of relevant issues is based both on theoretical (analysis and synthesis, historical, systematic, comparative and empirical methods (analysis of documents, generalization of professional practice (analysis of courts practice and practice of other dispute settlement bodies (institutions in Lithuania, statistical analysis of data concerning use of pre-trial and trial disputes resolution procedures in Lithuania. The article consists of an introduction and three chapters. Findings – procedures for the pre-trial settlement of disputes with customs in Lithuania are quite complex, diverse and are governed by different laws (legal documents, including the European Union law. The main legal documents are not compatible with each other and they do not provide a detail list of mandatory pre-trial dispute settlement procedures. Research limitations/implications – article analyzes legal regulations of pre-trial disputes with customs since restoration of Lithuanian independence to the present days, with particular emphasis on developments relating to entry of Lithuanian Republic to the European Union, as well as formation of the case law on the application of these legal regulations. Practical implications – article presents proposals for the improvement of current legislation – Regulations on Investigation of Complaints in the Custom of Lithuanian Republic approved by order No. 1B-540 of the Director General of the Customs Department under the

  13. Legal and Psychological Aspects of Mediation

    Directory of Open Access Journals (Sweden)

    Dobrokhotova E. N.

    2016-01-01

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

  14. Legal aspects of rural tourism in Uruguay

    Directory of Open Access Journals (Sweden)

    Hugo Ferreira Arizaga

    2017-04-01

    Full Text Available Rural tourism is now a growing modality in Uruguay and in the world.In the national legal norm that regulates this activity is Decree 371/2002, which established the characterization of rural tourism and the conditions of their providers.According to this rural tourism it is developed outside urban centers, with personalized service and spacious; uses natural, cultural, heritage, housing and services of the rural areas, it contributes to local development resources, diversification and tourism competitiveness.We intend to analyze the regulatory framework of the activity, with special emphasis on the categorization of the establishments and the set obligations for providers of rural tourism services, the liability regime established in the Law on Tourism and the application

  15. The concept of disability discrimination and its legal construction

    OpenAIRE

    Whittle, R

    2001-01-01

    The purpose of this paper is to examine the key issues surrounding the legal construction of the concept of discrimination based on disability. This paper examines these issues in the context of the European Community’s framework directive on equal treatment in employment and occupation , in order to highlight the particular needs which must be addressed in developing laws to combat such discrimination. Where relevant, the paper contrasts the approach necessary for disability based discrimi...

  16. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

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    Berlingher Remus Daniel

    2013-12-01

    Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.

  17. Legal aspects of Joint Pre-Commercial Procurements: from modeling to implementation

    CERN Document Server

    CERN. Geneva

    2015-01-01

    The delivery of Information and Communication Technology (ICT) services is changing fundamentally. Cloud-based services are replacing traditional local - or on-premises - software and infrastructure installations for many public sector organisations. This applies to government but also to public research organisations, including libraries, which currently deal with the outburst of big data and the need for additional computing capacity. While technology service options continue to evolve, procurement processes and policies have remained firmly rooted in historical practices that are no longer effective. In order for public research organisations of all sizes to take advantage of the best solutions the market has to offer nowadays, a more flexible and agile procurement process must be created and implemented. The objective of this presentation is to review strategies and tips in order to help procurers implement and publish a Joint Pre-Commercial Procurement tender; including: General legal framework of PC...

  18. Sources of Hong Kong Civil Legal Proceedings Legal Regulation

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-06-01

    Full Text Available In the present article author gives characteristic of the civil legal proceedings sources of legal regulation in Hong Kong: statute law, delegated legislation, general law, the Chinese common law. System of the Hong Kong law sources completely corresponds to the system of England civil procedural law sources. Till June 30, 1997 Hong Kong was a colony of the Great Britain. Since 1997 Hong Kong became a special administrative region of the People's Republic of China (PRC. Laws of Hong Kong on courts, on proofs, on the legal aid, on administration of justice contain references to the corresponding English legal acts. The feature of the Hong Kong legal system is due to the fact that Hong Kong Basic Law of 1990 sets on the territory of the country a simultaneous action of two systems of the legislation until 2047: legislation of Hong Kong created before 1997 under the influence Great Britain and legislation of People's Republic of China which regulates questions of foreign policy and country’s defense. The list of sources of the civil procedural law of Hong Kong includes: 1 statute law; 2 delegated legislation (rule of courts; 3 general law (precedents. Author gives opinions of jurists and practicians both from China, and from other countries, present own definitions and justifications.

  19. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

  20. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

    Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

  1. Legal pluralism, hydraulic property creation and sustainability: the materialized nature of water rights in user-managed systems

    NARCIS (Netherlands)

    Boelens, R.A.; Vos, J.M.C.

    2014-01-01

    Worldwide, most irrigation systems are managed by farmer collectives, in contexts of legal pluralism. National and supranational legislation and policy-making, however, focus on governance frameworks established by State and market actors. Consequently, development planning often ignores farmers’ ra

  2. Legal pluralism, hydraulic property creation and sustainability: the materialized nature of water rights in user-managed systems

    NARCIS (Netherlands)

    Boelens, R.; Vos, J.

    2014-01-01

    Worldwide, most irrigation systems are managed by farmer collectives, in contexts of legal pluralism. National and supranational legislation and policy-making, however, focus on governance frameworks established by State and market actors. Consequently, development planning often ignores farmers’

  3. The legal status of Uncertainty

    Science.gov (United States)

    Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

    2011-03-01

    An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

  4. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

    Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.

    Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.

    One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.

    The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing

  5. 涉诉信访现状分析与法治路径选择--以成都市为例%Analysis of Current Situation and Legal Path Choice of Petition Involved Litigation

    Institute of Scientific and Technical Information of China (English)

    严雪梅; 秦波; 杨隽

    2013-01-01

    To the government of Chengdu, legal path choice of petition involved litigation is important premise and guarantee for the two conctruction of "Safe City and Running City by Law”. To do this work well, we must first clarify and define the three problems, namely, the concept and function orientation of petition involved litigation, further elaboration and specification of appeal and retrial procedure, and standardization of evaluation mechanism. In view of the status of petition involved litigation of chengdu, the path choice should observe the following rules: first, it is to standardize the petition involved litigation system in the concept of the rule of law;secondly, to improve the mechanism, and guarantee the final judicial decisions; thirdly, to perfect cohesion and coordination mechanism between the Party and government organs ; fourthly, to improve the judicial assistance system and the social security system; fifthly to improve the guarantee mechanism of petition involved litigation;sixthly to promote judicial justice and improve the quality of the case; and at last, to strengthen the procuratorial supervision and the rule of law of the grass-roots level.%成都市涉诉信访的法治化路径选择,是推进“平安城市、法治城市”两大建设的重要前提和保障。要做好这方面的工作,必须首先厘清和明确三个问题,即涉诉信访的概念及功能定位、申诉和再审程序进一步细化与规范以及信访案件效度评估机制。鉴于成都市涉诉信访的现状,其法治化路径的选择还应从多个方面着手。一是规范法治理念下的涉诉信访制度;二是完善涉诉信访的终结机制,使司法的最终裁决权得到体现和保证;三是完善与党政机关的衔接和协调机制;四是完善司法救助制度和社会保障制度;五是健全涉诉信访的秩序保障机制;六是提升司法公正,提高案件质量;七是深入基层,加强检察监督和法治宣传。

  6. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

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

  7. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    OpenAIRE

    Claudiu Ramon D. BUTCULESCU

    2014-01-01

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

  8. Attitudes towards cannabis legalization in Iceland

    OpenAIRE

    Sigurbjörg Lára Kristinsdóttir 1991

    2016-01-01

    The debate on whether or not cannabis should be legalized has been growing in recent years. The legality of cannabis varies from country to country. Possession of cannabis have been decriminalized or legalized in numerous countries. The main aim of the present study was to examine both what characterizes those who are in favor of cannabis legalization and the potential effect on the community and cannabis consumption if cannabis would be legalized. The participants were 1198 obtained from an ...

  9. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

    Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

  10. Equalization of Legal Status with Respect to Gender

    Directory of Open Access Journals (Sweden)

    Nadezhda Tarusina

    2016-01-01

    Full Text Available This article discusses the current trends in Russian legal doctrine and legislation on aligning the legal status of women and men, taking into account the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights.It analyzes and critically reflects upon the gender aspects and content of those branches of Russian law in which such aspects are most clearly represented, either objectively or by tradition – techniques for gender neutralization of legal norms, the establishment of gender privileges and gender restrictions in legal status.Constitutional law: the basic premise of gender equality, preferential treatment for certain categories of citizens, gender limitations; problems of quotas for women’s representation in government, administration and other structures, provisions for women’s representation in party electoral lists, etc.Criminal Law: trends in the gender neutralization of crimes of a sexual nature while maintaining criminal responsibility for offenses against pregnant women, etc.; gender neutralization of preferential treatment in the punishment of persons with children.Family Law: Russia’s traditional view of marriage and parenthood; privileges for women in the divorce process, disputes about children, maintenance obligations; gender restrictions on adoption, assisted reproductive technologies; variants of gender neutralization of some family law norms.Labor law: the preservation of absolute protection of the rights and interests of pregnant women and mothers of young children; the trend for gender neutralization of the legal status of parents of young children; continued restrictions on women’s access to certain areas of work.Analysis of the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights shows that on a number of gender equality aspects in Russian legislation and law enforcement practice, the views of these

  11. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

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

  12. Marcos normativos da anticoncepção de emergência e as dificuldades de sua institucionalização nos serviços públicos de saúde Legal framework of emergency contraception and the difficulties of its institutionalization in public health services

    Directory of Open Access Journals (Sweden)

    Rozana Aparecida de Souza

    2009-01-01

    , concerning the use of EC, that allow to recognize officially EC in Brazil as an emergency contraceptive alternative, beyond cases of sexual violence. The critical literature review - which includes data from Latin America, mainly, and some European, American, and Canadian studies - brings out issues related to the non-use of these norms by public health services in its everyday practice. This situation reveals strong social representations that are not easy to be reversed at once. Official Health Ministry and National Medical Professional Board documents were analyzed, in order to establish the legal, normative, and politicalinstitutional frameworks that guide the discussion. The analysis displays paradoxes between the established norms and the health services practices, such as: trouble accessing and using EC through public health services; health professionals and potential users commonly relate the morning after pill (MAP to abortion; there is noticeable resistance of health services to making that method available, although researches point out substantial increase in its use; and there persists the idea that EC would lead users, especially teenagers, to abandon regular contraceptive methods, like condom - a fact not confirmed by the reviewed studies, once they show that teenagers that resort to EC are the ones that regularly use condom.

  13. 港澳反腐败法律框架与实施--基于《联合国反腐败公约》履约的一项评估%Anti-Corruption Legal Framework and Enforcement:Based on Review of Implementation of UNCAC

    Institute of Scientific and Technical Information of China (English)

    袁柏顺

    2016-01-01

    随着《联合国反腐败公约》在中国的生效,作为有着各自特有法律体系的特别行政区香港、澳门,亦与内地一道积极承担履约义务,从而促使香港、澳门原有反腐败法律得到重新审视并发生不同程度的变革。从《公约》第三章、第四章实施的角度,考察港澳的腐败定罪、执法及国际合作,可以发现香港具备良好的反腐败法律框架与有效的执法机制,其履约仅需在国际合作的法律方面作出补充修改;而澳门则在修改、重新制订反腐败法律方面取得较大进展。香港在几下方面的做法堪称模范:对腐败行为定罪的覆盖面广、立法体现无豁免和零容忍原则、反腐败执法机构独立而有效、诉讼基本无时效限定等,而在公职人员滥用职权等方面的规管仍存不足;澳门则在惩治私营部门贿赂等方面面临腐败揭露、调查取证等法律缺陷。针对上述不足,港、澳应进一步完善相关立法,以弥补在腐败定罪与反腐败执法的现存不足。%Hong Kong Special Administration Region of China (SAR) and Macao SAR readily take the responsibility of UNCAC Implementation with mainland China when the UNCAC Came into force in China ,though the legal systems of the three jurisdictions differ from each other , which brings self assessment and improvement in anti‐corruption legislatures to various extent . From the perspective of implementation of Chapter III and IV ,i .e .,corruption conviction ,en‐forcement ,and international cooperation ,it could be found that Hong Kong has a very good basis in anti‐corruption legislation and effective enforcement and it only need to make minor changes , mainly in international cooperation legislatures .Macao has made much progress in amending its legal framework and establishing new laws .Hong Kong has pioneered in anti‐corruption and dem‐onstrated such good or even best practices :wide coverage of

  14. Current trends in outcome studies for children with hearing loss and the need to establish a comprehensive framework of measuring outcomes in children with hearing loss in China

    Institute of Scientific and Technical Information of China (English)

    Xueman Liu

    2016-01-01

    Since the 1970s, outcome studies for children with hearing loss expanded from focusing on assessing auditory awareness and speech perception skills to evaluating language and speech development. Since the early 2000s, the multi-center large scale research systematically studied outcomes in the areas of auditory awareness, speech-perception, language development, speech development, educational achievements, cognitive development, and psychosocial development. These studies advocated the establishment of baseline and regular follow-up evaluations with a comprehensive framework centered on language development. Recent research interests also include understanding the vast differences in outcomes for children with hearing loss, understanding the relationships between neurocognitive development and language acquisition in children with hearing loss, and using outcome studies to guide evidence-based clinical practice. After the establishment of standardized Mandarin language assessments, outcomes research in Mainland China has the potential to expand beyond auditory awareness and speech perception studies.

  15. Current trends in outcome studies for children with hearing loss and the need to establish a comprehensive framework of measuring outcomes in children with hearing loss in China

    Directory of Open Access Journals (Sweden)

    Xueman Liu

    2016-06-01

    Full Text Available Since the 1970s, outcome studies for children with hearing loss expanded from focusing on assessing auditory awareness and speech perception skills to evaluating language and speech development. Since the early 2000s, the multi-center large scale research systematically studied outcomes in the areas of auditory awareness, speech-perception, language development, speech development, educational achievements, cognitive development, and psychosocial development. These studies advocated the establishment of baseline and regular follow-up evaluations with a comprehensive framework centered on language development. Recent research interests also include understanding the vast differences in outcomes for children with hearing loss, understanding the relationships between neurocognitive development and language acquisition in children with hearing loss, and using outcome studies to guide evidence-based clinical practice. After the establishment of standardized Mandarin language assessments, outcomes research in Mainland China has the potential to expand beyond auditory awareness and speech perception studies.

  16. A auditoria legal na União Europeia: enquadramento, debate actual e perspectivas futuras

    Directory of Open Access Journals (Sweden)

    José Joaquim Marques de Almeida

    2002-04-01

    Full Text Available A auditoria legal na União Europeia, encontra-se, presentemente, numa grande encruzilhada. Imposta pelos poderes públicos e pelas directivas comunitárias, é criticada pelos empresários por não acrescentar valor ao negócio, e, duma maneira geral, pela sociedade que ao atribuir-lhe a característica de bem público, esperava dela respostas mais amplas do que aquelas que os auditores, espartilhados por um quadro normativo e jurídico-técnico construído pelas suas associações profissionais, conseguem ou querem facultar ao público em geral. Com efeito, as normas de auditoria que tratam do planeamento, execução e avaliação do trabalho do auditor, têm sido o refúgio eleito pelos auditores e uma justificação esgrimida, unanimemente, pela classe, para recusar liminarmente o alargamento das funções de auditoria à análise da viabilidade da empresa e à detecção de erros e fraudes. Neste contexto, a função de auditoria legal está sendo, na actualidade, fortemente criticada por não proporcionar ao público "certezas" de que: as declarações financeiras estão correctas, a empresa não falirá, não houve fraudes ou irregularidades, a empresa agiu dentro da lei, foi administrada de forma competente e adoptou uma atitude responsável face aos assuntos ambientais e sociais. É, pois, o objectivo deste trabalho, apresentar em relação à União Europeia, a origem da auditoria legal, e, em termos mais gerais, as inquietações do presente e perspectivar a função, num futuro não muito distante.Nowadays, legal auditing in the European Union finds itself facing a great crossroads. Imposed by governments and communitarian guidelines, it is criticized by entrepreneurs for not aggregating value to the business, as well as by society in general which, characterizing legal auditing as a public good, expected it to give more elaborate answers than those which the auditors, closed in by a standardizing and legal-technical framework made

  17. Accountable care organizations: legal concerns.

    Science.gov (United States)

    Sanbar, S Sandy

    2011-01-01

    The Accountable Care Organizations (ACOs) shared savings program has serious concerns about anti-trust and anti-fraud laws. Additionally, ACOs present several other legal concerns relating to the duties and responsibilities of the physician-hospital partnership. The federal regulations hold physicians who participate in the ACO shared savings program to the highest standards of care without offering them protection from liability. The structure and procedures required of ACOs may be detrimental and may significantly impact the liability of its contracting physicians. Therefore, it behooves physicians to obtain legal advice regarding one's estate planning and legal asset protection or wealth management techniques, and to thoroughly review the agreement with one's attorney before signing a contract with an ACO.

  18. Economic consequences of legal and illegal drugs: The case of social costs in Belgium.

    Science.gov (United States)

    Lievens, Delfine; Vander Laenen, Freya; Verhaeghe, Nick; Putman, Koen; Pauwels, Lieven; Hardyns, Wim; Annemans, Lieven

    2017-06-01

    Legal and illegal drugs impose a considerable burden to the individual and to society. The misuse of addictive substances results in healthcare and law enforcement costs, loss of productivity and reduced quality of life. A social cost study was conducted to estimate the substance-attributable costs of alcohol, tobacco, illegal drugs and psychoactive medication to Belgian society in 2012. The cost-of-illness framework with prevalence-based and human capital approach was applied. Three cost components were considered: direct, indirect and intangible costs related to substance misuse. The direct and indirect cost of addictive substances was estimated at 4.6 billion euros in Belgium (419 euros per capita or 1.19% of the GDP) and more than 515,000 healthy years are lost due to substance misuse. The Belgian social cost study reaffirms that alcohol and tobacco impose the highest cost to society compared to illegal drugs. Health problems are the main driver of the social cost of legal drugs. Law enforcement expenditure exceed the healthcare costs but only in the case of illegal drugs. Estimating social costs of addictive substances is complex because it is difficult to determine to what extent the societal harm is caused by substances. It can be argued that social cost studies take only a 'snapshot' of the monetary consequences of substance misuse. Nevertheless, the current study offers the most comprehensive analysis thus far of the social costs of substance misuse in Belgium. Copyright © 2017 Elsevier B.V. All rights reserved.

  19. [Compulsory outpatient treatment and mental health care: aspects of the legal discussion from the European and Israeli perspective].

    Science.gov (United States)

    Hegendörfer, Gerhard

    2007-04-01

    Recent German legal initiatives for ordering compulsory outpatient treatment in mental health care are discussed and contrasted with regulations from other European countries and Israel. The legal basis for such coercive measures is comparatively assessed by use of these documents. European countries seem somewhat hesitant to incorporate compulsory outpatient treatment into their civil legislation frameworks. Legal initiatives on this issue in Germany were rejected both on the level of the Federal civil law, and on the State-level of public administrative law. From the legal point of view reasons against compulsory outpatient treatment in mental health care are embedded in the constitutional law and in international human rights.

  20. The Role of Personifying Metaphors in English and Romanian Legal Texts

    Directory of Open Access Journals (Sweden)

    Jumanca Romaniţa

    2016-12-01

    Full Text Available This paper attempts to carry out an analysis of metaphors in a corpus of legal documents, within the theoretical framework of the cognitive metaphor theory as conceived by Lakoff and Johnson (1980. There is a notable use of conceptual metaphors and framings in the law we live by which, undoubtedly, have a major impact on the way millions of people in the world act and react in their attempt of decoding legal messages. Since metaphors are basically cognitive constructs, their meaning can be grasped only through a process of transfer of significance from a source domain to a target one, leading thus, to an interpretation of the legal discourse.