Leon A. Roper
Full Text Available This article will be concerned with the question whether the books of Job and Ecclesiastes can be viewed as (postmodern wisdom in revolt or not. Three questions underlie this title: firstly, are the books of Job and Ecclesiastes wisdom books? Secondly, if so, is their wisdom revolutionary in nature? And thirdly, are there any similarities between the thoughts of Job and Ecclesiastes on the one hand and that of postmodern thinkers on the other hand? It will be argued that there are various similarities to be cited between the ideas of the ancient wisdom writers of Job and Ecclesiastes and more recent postmodern thinkers. This does not, however, necessarily justify a postmodern tag for the books of Job and Ecclesiastes, but points to a similarity in thought development between the ancient societies of Job and Ecclesiastes and the present-day societies. Such similarities are viewed as a clear indication of the meaningful role which Old Testament wisdom, or wisdom in revolt for that matter, can play in current intellectual and theological debates.
The article consists of a literary reading of three Old Testament wisdom books, Proverbs, Ecclesiastes and the Book of Job. The reading strategies employed are analysis of imagery and intertextual reading. The articles concludes in a presenatation of images of God in wisdom literature....
Full Text Available The mission of the Church is evangelisation and not acquisition of capital. It is good if the Church has sufficient financial means necessary to fulfil its mission. The Catholic Church has the inherent right, independently of any secular power, to acquire, retain, administer and alienate temporal goods, in pursuit of its proper objectives (can. 1254 of the Code of Canon Law. In order to fulfil its mission in the world, the Church needs to be supported by appropriate material goods and the freedom to administer them. The Code of Canon Law of 1983 introduced a new regulation regarding ecclesiastical property, so as to make sure that the Church could better suit the concept of a “poor Church” that, being in the need of economic resources to achieve its goals, focuses on the instrumental task of such resources: so that the faithful fulfilled their duty in the form of helping in maintaining the Church and its works as part of their fundamental rights and obligations related to the temporal goods; so that spiritual goal of ecclesiastical offices was emphasised and the revenues received were justly distributed. The Polish Episcopal Conference on 25 August 2015 approved the Instruction on the Administration of Ecclesiastical Temporal Goods. In the present article four points will be discussed: The right of the Church to the acquisition, holding and alienating of temporal goods; the Instruction of the Polish Episcopal Conference on the acquisition of temporal goods; the Instruction of the Polish Episcopal Conference on the administration of temporal goods and contracts; the Remuneration for priests.
Browning Helsel, Philip
The book of Ecclesiastes has frequently been mischaracterized as a cynical or pessimistic work. Instead, this article recommends Ecclesiastes, following Eunny P. Lee, as contributing to pastoral theology through its embodied and pragmatic theology of enjoyment in which practices of joy revitalize the human spirit. However, there are some who are unable to experience satisfaction. The absence of reflection on this problem in Ecclesiastes scholarship is considered the starting point of pastoral theology, and is addressed by a turn to the frequently misunderstood passage in 7:16-18, bringing it into conversation with the structural [corrected] model of the human person developed by Freud. At the same time, the interpersonal aspects of enjoyment found in Ecclesiastes critique Freud by suggesting how the fragmented parts of self-experience can be held together in an interpersonal context.
Full Text Available The author deals with pilgrim trips to the Holy Places — the Holy Land and the Holy Mt. Athos, — which were undertaken by teachers and students of Russian orthodox ecclesiastical academies in 1870-1910. The article covers the cases of these pilgrim trips. The author analyzes the motivation of concrete pilgrims and the significance of trips for a Russian ecclesiastical school. Besides, the author pays attention to efforts of spiritually-educational community to find the importance of the Holy Places for theological and ecclesiastical-historical sciences.
with the cultural stereotypes disseminated from the ecclesiastical historians as they ... century Western scholars have been probing and prodding eastern texts in ... This recent scholarly work has utilized both archaeological and epigraphical.
Jones, W. R.
A survey of the various meanings and interpretations of defamation in medieval and early modern English law-ecclesiastical, royal, Roman, municipal and manorial-which includes many of the defamatory words and phrases. (AF)
The paper deals with the effects of the Renaissance on the Orthodox ecclesiastical architecture of the island. Even though the Latin monuments of the island have been thoroughly researched, there are only sporadic works that deal with the Orthodox ecclesiastical architecture of the period. The doctoral thesis of the author in waiting to be published is the only complete work on the subject. The methodology used, involved bibliographic research and to a large degree field research to establish...
Howard, Christopher J
Trauma can oftentimes be a catalyst for changes in an individual's religious and spiritual beliefs. Beliefs about the cause of the trauma, for instance, may include attributions of possessing spirits, and are to be found in an increasingly pluralistic and multicultural society. Such preternatural explanations may be referred to as dissociative identity disorder, possession form. Unwittingly, an overreliance on neurobiological explanations and relegation of cultural idioms of distress may diminish effective collaboration with ecclesiastical authorities. Concomitantly, ecclesiastical experts are confronted with bewildering posttrauma dissociative symptomatology, and may not be prepared as diagnosticians to rule out psychobiological explanations. In both instances, client care may be compromised. Noteworthy, the current investigation integrates the author's participant observation research at the Vatican's school of Exorcism in Rome, Italy.
, temporal structures and the framework of the human past, present, and future. It offers close readings of a series of passages in which the theme of time is especially prominent, thus demonstrating how the discussion of time works in Qohelet and how it interacts with other of the book’s key themes......Uniquely within a Hebrew Bible context, the book of Qohelet engages at length with the theme of time, explicitly exploring the temporal situation of humanity. This book offers a detailed analysis of that exploration. It is argued that the narrator of Ecclesiastes, Qohelet, does not depict...... of time. The former is something ongoing, repetitive, and continuous. Conversely, the individual human being’s life is limited in time, with no real connection to either past or future. Mirroring the interest in Qohelet for both, this study discusses the biblical book’s presentation of both the cosmic...
Behan, Avril; Moss, Rachel
The aim of this paper is to examine the extent to which detailed empirical analysis of the metrology and proportional systems used in the design of Irish ecclesiastical architecture can be analysed to provide historical information not otherwise available. Focussing on a relatively limited sample of window tracery designs as a case study, it will first set out to establish what, if any, systems were in use, and then what light these might shed on the background, training and work practices of...
Full Text Available Academic and practitioner’s literature has a plethora of evidence that active investment management is futile economically and underperforming financially, - more preponderant for large, blue chips. For smaller capitalization companies, purchased at discount there is an attractive, sustainable return promise, a long-term outperformance. We introduce a terminology that encapsulates this capitulation against this apparently overwhelming forces of tangible underperformance of active investment, inefficient asset allocation and high risk - low return portfolios, the era of Ecclesiastes Finance. Investors loathe to make decisions for fear of loss and discount all negative subtle announcement of the fragility of our gains and futility of our investment arrogance. And ignoring them can lead investors to make less fortunate financial decisions that can affect portfolio for decades. Investing with an Ecclesiastes attitude - the fragility of human condition in context of financial affairs - temporary gains and losses are less significant when framed in a larger perspective.
A. B. du Toit
Full Text Available Forming pan of a trilogy about the first generation Roman Christians, this anicle concentrates on the ecclesiastical aspect. From some scattered and relatively small groups, the numbers of Roman Christians increased markedly in the second half of the first century. According to Romans 16, Jewish Christians played a significant role in the initial period, although Gentile Christians were in the majority. Friction between these groups may have been a problem, but was not Paul's main concern. The Gentile Christians were mainly from a foreign background. Thus the first Christian community had a strongly cosmopolitan character. The plurality of house-churches was mainly due to practical factors, but social differentiation might have played a role. Meetings most probably took place in the ordinary rented apanments of insulae. Romans 16 renders a vivid picture of the leadership activities of Christian women and of Paul's enlightened position in this regard.
Sound in ecclesiastical spaces in Cordoba. Architectural projects incorporating acoustic methodology (El sonido del espacio eclesial en Cordoba. El proyecto arquitectonico como procedimiento acustico)
This thesis is concerned with the acoustic analysis of ecclesiastical spaces, and the subsequent implementation of acoustic design methodology in architectural renovations. One begins with an adequate architectural design of specific elements (shape, materials, and textures), with the intention of elimination of acoustic deficiencies that are common in such spaces. These are those deficiencies that impair good speech intelligibility and good musical audibility. The investigation is limited to churches in the province of Cordoba and to churches built after the reconquest of Spain (1236) and up until the 18th century. Selected churches are those that have undergone architectural renovations to adapt them to new uses or to make them more suitable for liturgical use. The thesis attempts to summarize the acoustic analyses and the acoustical solutions that have been implemented. The results are presented in a manner that should be useful for the adoption of a model for the functional renovation of ecclesiastical spaces. Such would allow those involved in architectural projects to specify the nature of the sound, even though somewhat intangible, within the ecclesiastical space. Thesis advisors: Jaime Navarro and Juan J. Sendra Copies of this thesis written in Spanish may be obtained by contacting the advisor, Jaime Navarro, E.T.S. de Arquitectura de Sevilla, Dpto. de Construcciones Arquitectonicas I, Av. Reina Mercedes, 2, 41012 Sevilla, Spain. E-mail address: email@example.com
ABSTRACT: The essay describes the historical and political context, as well as the law production in Canton Ticino during the first half of the nineteenth-century, which will lead to the Civil Ecclesiastical Law of 1855. The article is structured in two parts. The first part deals with the historical period between 1803 and 1829 and is divided into four sections: from the Act of Mediation to the project of the Civil Ecclesiastical Statute of 1819; the Constitution of 1830; the predominance of liberal ideas and the anti-ecclesiastical measures from 1848 to 1855. The second part is entirely dedicated to the Civil Ecclesiastical Law of 1855 – peak of the historical political process described in the first part – and to the analysis of its origin and the contents from the 1852 bill. The development procedure, the purpose and the kernel of the Law, specifically the government placet, are particularly stressed.
They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the...outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical ...immovable property of great importance to the cultural heritage of every people, such asmonuments of architecture , art or history, whether religious or
Full Text Available The article is devoted to the comparative analysis of academic missions abroad of teachers and graduates of Russian ecclesiastical academies and universities. For the first time the author studies the role of scientific visits abroad in the development of Russian science of the XIX-th — the beginning of XX-th centuries. He compares the academic missions and classifies them according their motivation and purpose; organization and the registration of an office work; sponsorship, rights and duties of travelers; geographical directions and results.
ABSTRACT: The present essay analyses the impact of the 2016 Constitutional Court judgements n. 52 and n. 63 on the very “identity”of Italian Ecclesiastical Law, which is characterized by the principles of secularism, equal freedom of religious denominations and by a system of agreements aimed at regulating the specifities of the different religious groups. According to the Author, because of the inactivity of the Legislator, the Constitutional Court is compelled to play a substitute role in searching a satisfactory balance between all these elements and the very settlement of some basic trends in Ecclesiastical Law, as such a subject has to face increasingly new challenges and emerging problems in the management of the religious factor.
The pattern of complementarity/distinction, that the scholar of ecclesiastical law draws from this kind of experience, can contribute at the articulation of bio-law according to procedural-justice, which facilitate the substantial concretization of the fundamental value of the dignity of every human reality.
transport.223 188.8.131.52 Correspondence by Chaplains. Chaplains shall be free to correspond, subject to censorship , on matters concerning their...subject to censorship , on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with...Australia, Belgium, Canada, China, Denmark, Finland, France, Germany, India, Malaysia , New Zealand, Nigeria, Norway, Pakistan, Russia, South Africa
Full Text Available The article presents a specific ecclesiastical interpretation of the Bible within Orthodox theology and shows some difficulties of this approach from the point of view of Western theological thought. The article discusses the problem of the Orthodox biblical canon and the main difficulties associated with the division between „canonical” and „non-canonical” books. Then the text presents specific elements of Orthodox biblical exegesis, with emphasis on the community of the Church as its primary context. The article also touches the problem of biblical language, and especially importance attached to the text of the Septuagint as well as critical evaluation of certain modern translations of the Bible by Orthodox theologians. The text reveals the elements of the Orthodox approach to the interpretation of the Bible that are valuable for all Christian theological traditions as well as the main theological problems related to it.
Egoitz Alfaro Suescun
Full Text Available This paper presents a reflection on church building in Álava and Treviño regions (north-central Spain during the 12th and 13th centuries. The study aims at tracking the transformations occurred in the promoters’ idiosyncrasy, the builders’ organizational model and both the function and meaning of these temples. More than a hundred cases have been analyzed to this end, so as to determine the variables involving their construction. Three main phases have been established according to changes documented in stonemasonry: period 1 (1100-1250, period 2 (1220-1250 and period 3 (1220-1300. The combined assessment of both the aforementioned variables and phases shows the existence of two major shifts in the ecclesiastical architecture of these centuries with regard to the previous period, constituting the 12th century itself kind of a transitional stage. These changes are seen in both the demand –economically, temporally and structurally more feasible buildings– and the supply – increasingly homogeneous temples–
GWS art. 28 (“The Detaining Power shall put at their disposal the means of transport required.”). 466 subject to censorship , on matters concerning...GPW art. 35 (“They shall be free to correspond, subject to censorship , on matters concerning their religious duties with the ecclesiastical...Australia, Belgium, Canada, China, Denmark, Finland, France, Germany, India, Malaysia , New Zealand, Nigeria, Norway, Pakistan, Russia, South Africa
Cesare Edoardo Varalda
In such a context, given the statement of the article 7.3, Law 121/1985 which emphasizes that the common law should be applied paying particular attention to the structure and the purpose of religious institutions, the present work attempt at developing a fist reflection on a specific canon law regulatory scheme, i.e. the "stable patrimony", which aim is to guarantee and protect a minimum assets useful to the survival of the ecclesiastical organization. After a first description and analysis of the "stable patrimony" profiles in a canon law perspective, the issue will be also addressed from the relevant point of view of the Church and State relations treaties.
Theologico-political Issues in Richard Hooker’s Laws of Ecclesiastical Polity and Thomas Hobbes’s Leviathan Le théologico-politique chez Richard Hooker (Laws of Ecclesiastical Polity et Thomas Hobbes (Leviathan
Full Text Available Hooker et Hobbes ont tous deux été amenés à défendre la suprématie royale contre ses adversaires presbytériens. Une certaine ressemblance de formulation ne doit toutefois pas masquer de profondes divergences, portant à la fois sur l’ampleur de la prérogative royale en matière religieuse et sur la nature de la religion elle-même.
Eijnde, J.G. van den
The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)
Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law
Schneider, Matthias Werner
The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [de
Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke
Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....
regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...
Bender, B.; Sparwasser, R.
Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de
Ketteler, G.; Kippels, K.
In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de
G. P. Tolstopiatenko
Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972
Hosek, Matthew W., Jr.; Lu, Jessica R.; Anderson, Jay; Do, Tuan; Schlafly, Edward F.; Ghez, Andrea M.; Clarkson, William I.; Morris, Mark R.; Albers, Saundra M.
ExtLaw_H18 generates the extinction law between 0.8 - 2.2 microns. The law is derived using the Westerlund 1 (Wd1) main sequence (A_Ks 0.6 mag) and Arches cluster field Red Clump at the Galactic Center (A_Ks 2.7 mag). To derive the law a Wd1 cluster age of 5 Myr is assumed, though changing the cluster age between 4 Myr - 7 Myr has no effect on the law. This extinction law can be applied to highly reddened stellar populations that have similar foreground material as Wd1 and the Arches RC, namely dust from the spiral arms of the Milky Way in the Galactic Plane.
Full Text Available This study comprises reading photos specifically referring to the episcopate in religious photos of Dom Jaime Luiz Coelho, 1st Bishop of the Diocese of Maringá, in Paraná State, the Catholic bishops¿ period which lasted for 40 years, from 1957 to 1997. Based on acquits consists of multiple images, analyzed four categories of photographs: ecclesiastical architecture, episcopate, activities and ecclesiastical body. Noting the discourse about the Church, the social context and their relations revealed by captured images. The text also highlights the relevance of the iconographic documentation for the study of ecclesiastical history, in particular, the study of ecclesiastical institution established in the city of Maringa.
Clausen, Nis Jul
The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....
Langsted, Lars Bo; Garde, Peter; Greve, Vagn
<> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....
EL MATRIMONIO RELIGIOSO EN EL RÉGIMEN JURÍDICO CHILENO: EL SISTEMA MATRIMONIAL CONSAGRADO POR EL ARTÍCULO 20 DE LA LEY N° 19.947 RELIGIOUS MARRIAGE IN THE CHILEAN JURIDICAL REGIME: THE MARRIAGE SYSTEM UNDER THE ARTICLE 20 OF THE LAW N° 19.94
Jorge del Picó Rubio
Full Text Available El Derecho matrimonial chileno ha sido objeto de una reforma de gran magnitud, como consecuencia de la aprobación y entrada en vigor de la nueva Ley de Matrimonio Civil, de 2004. Una de las instituciones más relevantes, introducidas por la reforma, ha sido el reconocimiento legal de efectos civiles al matrimonio celebrado en forma religiosa, sustituyendo el sistema de matrimonio civil obligatorio vigente desde 1884, por el sistema facultativo de tipo anglosajón o protestante. Este trabajo proporciona una visión de conjunto de la institución del matrimonio religioso en Chile, entregando los antecedentes del contexto material de la ley, señalando las características del sistema de reconocimiento civil del matrimonio celebrado en sede eclesiástica, indicando la regulación de sus requisitos y en especial la exigencia de personalidad jurídica de Derecho público requerida a las entidades religiosas, el procedimiento legal para la celebración del matrimonio religioso y una referencia analítica a la producción de efectos civiles.Chilean Marriage Law has suffered a great change, as a result of the approval and application of the 2004, new Civil Marriage Law. One of the most relevant institutions brought in by the reform, has been the recognition of civil effects to the religious marriage, replacing the obligatory civil marriage system, used since 18 84, by the Anglo-Saxon protestant facultative system. This work gives a global vision of religious marriage in Chile, providing the context law backgrounds, pointing out the civil recognition system characteristics for marriages celebrated in ecclesiastics sees, indicating its requisites regulation, specially the religious institutions requirements of being a juridical person of Public Law, the legal procedure to the marriage celebration and civil effects production analysis.
Hesselink, M.W.; Gibbons, M.T.
The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is
Harold J. Berman
Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.
Dias Varella, Marcelo
The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.
This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)
This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de
Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...
This volume, the fifth in the series, contains the proceedings from the conference Custom. The Development and Use of a Legal Concept in the Middle Ages held at the Law School at the University of Aarhus in May 2008. The volume covers topics from local case studies and studies of learned law...... to broader reflections on the development and use of the legal concept consuetudo and its connection with other sources of law, with the balance between local and regional power structures, and secular and ecclesiastical societies in medieval Europe. Combining the approaches of several historical disciplines...... - political, social, intellectual, and legal -international eminent scholars offer their views on central aspects of the function of legal customs and of the development of one of the most debated concepts in legal historiography of the last century. Students and scholars of European legal history and legal...
Hall, Mark A
National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.
This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de
Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.
Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...
Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.
Shaw, Malcolm N
International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.
As a member of the law family, the Adat law is one form of positive law which plays particular role and contribution in the making process of the whole positive law in Indonesia. Existence of Adat law in the constitutional of Indonesia painted its own color. As one of the oldest customary law in the life of local community Adat law has become the seed and formatting idea of Indonesia's national law where Adat Law has widely influenced other positive law.
Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.
To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law
of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...
Full Text Available Article by Neil Faris (Solicitor and a former Commissioner at the Northern Ireland Law Commission reflecting on the nature of law reform as carried out by law commissions. This is in the context of the author’s experience in the Northern Ireland Law Commission. The paper assesses the importance of independence in any law reform body and the particular impact which law commissioners may bring to the law reform process. The paper looks at the history of law reform in Northern Ireland leading to the establishment of the Commission with a brief overview of the work of the Commission. The conclusion is that there is a role for effective law reform driven by commissioner led independent law commissions. The author makes a strong case for the need for independent law commissions to promote high quality law reform. His article gives an idea about how law reform works in practice with law commissions providing one route for reforming the law.
Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.
With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may be defined as 'the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused
Fabian Augusto Cárdenas Castañeda
Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.
Edlund, Hans Henrik
Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...
Blois, M. de
The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but
The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an assumption is usually missing. The traditional primary sources of law, South African case law and legislation, ...
Narasimhan, T. N.
SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.
Hage, J.C.; Adams, M.; Heirbaut, D.
This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does
Milena Zampieri Sellmann
Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.
Kamyshanskiy V. P.
This article examines the concept of "circumvention of the law" with respect to Treaty law. The author finds that the direct loan category "circumvention of the law" in Treaty law can be estimated ambiguously. The specified category which is fragmentary reflected in the active Civil codex indicates a regulatory gap
Brus, Marcel M.T.
This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally
Yeni Salma Barlinti
Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.
Full Text Available The question about the subjects of law branches is concerning the number of most important and difficult in law science. Its right decision influences on the subject of law regulation, precise definition of addressees of law norms, the volume of their rights and duties, the limits of action of norms of Main part of the branch, its principles. Scientific investigations, dedicated to law subjects system, promote the development of recommendations for the legislative and law applying activity; they are needed for scientific work organization and student training, for preparing qualified lawyers.
Lening Zhang; Jianhong Liu
The present study introduces and discusses the Juvenile Delinquency Prevention Law of the People's Republic of China. The law was promulgated in the context of Chinese socioeconomic reforms and legal reforms in response to the rising delinquency since the early 1980s. The study explains the social and political background of the law with respect to the patterns of delinquency in China. The law has several main features that reflect the Chinese philosophical underpinnings of crime prevention and control, and the study discusses the connection between the law and the traditional Chinese philosophy and thinking. Finally, the study discusses the challenges to the enforcement of the law in Chinese society, which has lacked a legal tradition in its history.
Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.
In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.
The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de
The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de
The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de
Noll, Ellis; Koehlinger, Mervin; Kowalski, Ludwik; Swackhamer, Gregg
Describes the use of a computer-linked camera to demonstrate Coulomb's law. Suggests a way of reducing the difficulties in presenting Coulomb's law by teaching the inverse square law of gravity and the inverse square law of electricity in the same unit. (AIM)
Petz, Thomas; Sagaert, Vincent; Østergaard, Kim
In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...
Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.
The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....
head of traditional central government, the headman was the head of the ward, and the family head exercised leadership at family level.13 Accordingly, the nature of traditional governance in South Africa was that of an unspecialised legal system where the king or chief was creator of laws, the executor of laws and the judge ...
in both time and space, predicts that conformity to Benford's law will improve as more data on distances to galaxies becomes available. Con- versely, with the logical derivation of this law presented here, the recent empirical observations may beviewed as independent evidence of the validity of Hubble's law. Key words.
This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will
Full Text Available The paradox of positivistic view and progressive law in the criminal law enforcement happened because there is a difference among the law enforcement officer’s view and perception. Our law education from the beginning until now still teaches the students the positivistic view so that after the students becoming law officers in running the law they still use positive law or positivistic view. The positivistic view is often far from the substantive justice and close to the formal justice. In order to functioning the progressive law in law enforcement especially the penal code constraint of positivistic view which rooted inside of the law enforcer’s mind, therefore it is need paradigm change by fixing the law system, law education, ethics and morality of law officers , and increasing religious consciousness.Keywords: paradox, law positivism, progressive law, criminal law enforcement
Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.
Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international
F.G.M. Smeele (Frank)
textabstractThis contribution raises the question of whether it is possible to bridge the divide between the various unimodal regimes and to develop a general law of transport. It explores also the role that soft law, such as in the form of a project to draw up Principles of Transport Contract Law,
Nielsen, Holger B.; Ninomiya, Masao
In an abstract setting of a general classical mechanical system as a model for the universe we set up a general formalism for a law behind the second law of thermodynamics, i.e. really for 'initial conditions'. We propose a unification with the other laws by requiring similar symmetry and locality properties
Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.
Law no. 111/1996 on the safe deployment of nuclear activities was published in its original form in the Official Gazette of Romania, Part no. 267 of 29th October 1996. The complexity of this law prevents from performing a comprehensive analysis of the legal provisions thereof for which reason the author shall review only those aspects he consider to be relevant to the issues dealt with by this law. Furthermore, as the author intends his undertaking to be a comparative analysis of Law no. 111/1996 in its successive stages - from its issue till the present - he uses mostly the present tense even though the law has been amended and in some respects the changes are quite significant. The presentation contains the following three sections: 1. Passing of Law no. 111/1996 on the safe deployment of nuclear activities - a turning point in the development of the Romanian nuclear law; 2. The successive modifications of Law no. 111/1996 on safe deployment of nuclear activities; 3. Law no. 193/2003 for the modification and completion of Law no. 111/1996 on the safe deployment of nuclear activities - a key moment in the modernization of Romanian nuclear law and harmonization with the relevant international requirement. In conclusion, the issue of Law no. 111/1996 on safe deployment of nuclear activities represents a turning point in the development of Romanian nuclear law. From this moment on one may regard it as a modern area of the Romanian law, European in spirit. The pre-existent legal framework - namely the Law no. 61/1974 on the deployment of activities in the Romanian nuclear field - was no longer up to the existing standards and its replacement by a new, modern law, fully harmonized with the European and NATO accession requirements was a must. Such a new, European law was to fully guarantee the safe deployment of nuclear activities for exclusively peaceful purposes, so that the requirements regarding the nuclear safety, protection of professionally exposed personnel
Thomas L. Saaty
Full Text Available The rules of logic are nearly 2500 years old and date back to Plato and Aristotle who set down the three laws of thought: identity, non-contradiction, and excluded middle. The use of language and logic has been adequate for us to develop mathematics, prove theorems, and create scientific knowledge. However, the laws of thought are incomplete. We need to extend our logical system by adding to the very old laws of thought an essential yet poorly understood law. It is a necessary law of thought that resides in our biology even deeper than the other three laws. It is related to the rudiments of how we as living beings, and even nonliving things, respond to influences as stimuli. It helps us discriminate between being ourselves and sensing that there is something else that is not ourselves that even amoebas seem to know. It is the intrinsic ability to sense and distinguish. This fourth law is the law of comparisons. Although it has been missing from our logical deductions it underlies the other three laws of thought because without it we cannot know what is and what is not.
O'Malley, Daniel; Cushman, John H; Johnson, Graham
We study the mean first passage time (MFPT) for fractional Brownian motion (fBm) in a finite interval with absorbing boundaries at each end. Analytical arguments are used to suggest a simple scaling law for the MFPT and numerical experiments are performed to verify its accuracy. The same approach is used to derive a scaling law for fBm with a power-law clock (fBm-plc). The MFPT scaling laws are employed to develop scaling laws for the finite-size Lyapunov exponent (FSLE) of fBm and fBm-plc. We apply these results to diffusion of a large polymer in a region with absorbing boundaries. (letter)
Tsindeliani, Imeda A.
The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…
The general idea behind the work of the Paris Colloqium on Nuclear Law and Law of the Sea was that of an agreement and sometimes opposition between two specificities, that of the law of the maritime and, in particular, ocean environment, and that of the law of nuclear techniques. These relationships were studied notably in the perspective of the problems of transport of nuclear materials and their liability insurance, as well as from the viewpoint of the operation of nuclear powered ships. Another problem studied in this context is that of radioactive marine pollution. (N.E.A.) [fr
Matthijs de Blois
Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.
Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...
Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…
Pastoral guidance of ministers of the Dutch Reformed Church during ecclesiastical discipline. The process of ecclesiastical discipline evokes feelings of guilt and shame. Whilst literary study suggested this to be the case, the empirical research confirmed it. It is clear that the three-fold process was a traumatic and shocking ...
After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...
This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent
Holko, David A.
Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…
Rasmussen, Niels Skovmand
Artiklen behandler de retskildemæssige spørgsmål, som Tilsynsdiamanten udstedt af Finanstilsynet giver anledning til. Dette sker på baggrund af forskellige teorier omkring soft law og hard law.......Artiklen behandler de retskildemæssige spørgsmål, som Tilsynsdiamanten udstedt af Finanstilsynet giver anledning til. Dette sker på baggrund af forskellige teorier omkring soft law og hard law....
This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...
In the draft proposed by the legal advisory board the law for the controlling of environmental criminality was promulgated on 28th March 1980. The present commentary therefore - as seen from the results - corresponds in essential to the original assessment of the governmental draft. However, an introduction into the problems of environmental law precedes this commentary for the better unterstanding of all those not acquainted with pollution law and the whole legal matter. (orig./HP) [de
KOZYRIN A.N.; TROSHKINA TATYANA
In September 2013 Russia enacted a new law on education which introduced significant changes into the system of sources for Russian educational law. This article analyses the provisions of the education law that pertain to sources of educational law in the Russian Federation, the relationship between different levels of normative and legal regulation, including: international, national (federal laws and by-laws, legal regulation of relations in education at the regional and municipal levels i...
The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW) [de
This thesis analyses the concept of unjust enrichment under the business law. First of all the thesis explains the term of business law. Business law is a complex of legal rules concerning the contractual relationships between entrepreneurs arising from their business activities. Business law is a comprehensive field of law which extends into many other fields of law, both private and public law. Equally the regulation of unjust enrichment within the business law expands into many other laws ...
Rolf H. Weber
Full Text Available Traditional legal doctrine calls for hard law to regulate markets. Nevertheless, in financial markets, soft law has a long tradition, not at least due to the lack of multilateral agreements in this field. On the one hand, the recent financial crisis has shown that soft law does not suffice to avoid detrimental developments; on the other hand, a straight call for hard law would not be able to manage the recognized regulatory weaknesses. Therefore, emphasis should be put on the possibilities of combining hard law and soft law; specific areas allowing realizing such kind of “combination” are organizational issues, transparency requirements, and dispute settlement mechanisms.
Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.
Martinez Romera, Beatriz; Coelho, Nelson F.
, treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding...... the relative role of this treaty among other sources of international law....
The nuclear law had been out of the environmental law. The act on the transparency and the security of the nuclear matter was enacted in 2006 and set in the code of the environment in 2012. It means that the nuclear law is part of the environmental law and that it is advanced. I will report the French nuclear law. (author)
Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.
Home; Journals; Resonance – Journal of Science Education; Volume 2; Issue 11. Ohm's Law, Kirchoff's Law and the Drunkard's Walk Related Electrical Networks. Rahul Roy. General Article Volume 2 Issue 11 November 1997 pp 36-47. Fulltext. Click here to view fulltext PDF. Permanent link:
Zumbansen, P (Peer); K.I. Bhatt (Kinnari)
textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its
is still on the increase.8 It is forecast that the world will face a 40 per cent .... the legal context entails.27 Renowned property law scholars, like Underkuffler, argue ..... operation of law.53 The classic examples of Roman law res publicae were ...
Full Text Available In this article we reflect about the official curriculum which was negotiated in Argentina, in July 1995, in the context of the new educational reform carried out by the Federal Law of Education (1992. In that period, a group of technicians of the Ministry of Education resigned since they were discontent with the results of the pressure of the churches to the Menen’s government. The hard negotiation process which intended to select the school contents with the participations of the civil society was abruptly affected by the pressure of the ecclesiastic authorities. Depart from that, some contents such as Darwin ’s theory of evolution, the concept of gender and other, were eliminated of the official curriculum. Since 2006, there is a new Education Law in Argentina and we ask if the ultramontane ideas are not coming back to triumph.
Rainaud, J.M.; Cristini, R.
This paper analyses the sources of the specificity of nuclear law and its relationship with environmental law as well as with ordinary law. The characteristics of nuclear law are summarized thus: recent discovery of the atom's uses and mandatory protection against its effects; internationalization of its use, leading to a limitation of national authorities competence. Several international treaties are cited (Antarctic Treaty, NPT, London Dumping Convention etc.) showing the link between radiation protection and the environment. (NEA) [fr
Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.
Arbousset, Herve; Lahorgue, Marie-Beatrice; Rambour, Muriel; Schellenberger, Thomas
While indicating the relevant French decrees and laws which have been building up what can be called the nuclear law, this article first proposes a discussed overview of the evolution of this law between a decree published in 1963 and the law on energy transition, while noticing what went in the USA in this respect. Based on the example of the project of geological storage of nuclear wastes, the authors outline that this nuclear law is evolving out of standards as it is evolves in order to fit with the project, and not the other way. Therefore democratic anchoring is rather fragile. The author outlines the influence of new threats related to terrorism and their influence on the nuclear law. They also comment the issue of compensation for victims of French nuclear tests in Algeria and in French Polynesia, and notice that hope has been followed by disillusion and questions
Leenes, R.E.; Lucivero, F.
Speculation about robot morality is almost as old as the concept of a robot itself. Asimov’s three laws of robotics provide an early and well-discussed example of moral rules robots should observe. Despite the widespread influence of the three laws of robotics and their role in shaping visions of
In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de
Terra, B.J.M.; Wattel, P.J.
This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC
Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.
If the oceans are destroyed through pollution there will be nothing left to manage. Protection against pollution is thus a fundamental aspect of ocean management. What legal principles are available for the protection of the oceans. This paper brings together the relevant practice of the foremost international body responsible for the codification and development of international law: the International Law Commission. It describes the work of the Commission concerning: 1) pollution of the high seas; 2) pollution of international watercourses; and 3) international responsibility for environmental hazards. It concludes by expressing the hope that the Commission will further study, codify and develop international environmental law
This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...
Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified. (paper)
Ignjatović Marija; Kitanović Tanja
The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines th...
MacLeod, Rebecca Frances
Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitab...
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective in light of the catalyzing impact of the criminal law theory developed in major world legal systems on the crystallization of the substantive part...... of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...... comparative analysis of substantive criminal laws in selected legal jurisdictions....
...), human rights, rules of engagement, emergency essential civilians supporting military operations, contingency contractor personnel, foreign and deployment, criminal law, environmental law, fiscal law...
Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to
Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and ... To consider how Constitutional Law or International Law were understood in 1900 means to notice the immense .... In the relationship between the political organs of a state the role of the Constitutional Court should be seen ...
Berman, Howard R.
The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…
We propose a stochastic model of Zipf's law, namely a power-law relation between rank and size, and clarify as to why a specific value of its power-law exponent is quite universal. We focus on the successive total of a multiplicative stochastic process. By employing properties of a well-known stochastic process, we concisely show that the successive total follows a stationary power-law distribution, which is directly related to Zipf's law. The formula of the power-law exponent is also derived. Finally, we conclude that the universality of the rank-size exponent is brought about by symmetry between an increase and a decrease in the random growth rate.
Khoury, B S; Khoury, J N
Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.
This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr
Full Text Available Das Recht der Moderne ist auf den Begründungsmodus der Positivität umgestellt, und es ist Instrument einer Politik mit weitreichendem Steuerungsanspruch. In Kombination mit einer Steigerung der Umweltkomplexität ergibt sich daraus für das Recht eine starke Belastung. Es wird quantitativ ausgedehnt, an normativer Kraft aber eher ärmer. Als neuer Faktor tritt die Globalisierung der Weltverhältnisse in diese Situation ein. Da das Recht sich globalisieren kann, die Politik aber nur begrenzt (kein Weltstaat, ergeben sich daraus Möglichkeiten der partiellen Wiederabkoppelung des Rechts von der Politik. Das Recht könnte der Politik von politikunabhängigen Legitimationsgrundlagen her verstärkt wieder eigenständig gegenübertreten. Modern law has shifted towards a positivistic mode of reasoning,and is the instrument of a form of politics that claims wide‐ranging rights of control. In combination with an increase of environmental complexity, law is impacted strongly. It is quantitatively extended, thereby losing its normative power. A globalization of world conditions enters the situation as a new factor. As law has the ability to globalize itself, whereas politics can only do so in a limited way (not a world state, possibilities for a partial re‐disengagement of law from politics result from this. Law is now able to face politics more strongly from a basis of legitimization that is independent from politics.
Armour, John; Hansmann, Henry; Kraakman, Reinier
This article is the first chapter of the second edition of “The Anatomy of Corporate Law: A Comparative and Functional Approach”, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, HidekiKanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of Corporate (or Company) Law in Europe, the U.S., and Japan. Its organization reflects the structure of Corporate Law throughout all jurisdictions, w...
Full Text Available Analyzing the Dialogue between a Philosopher and a Student of the Common Laws of England by Thomas Hobbes, the essay traces the historical tradition and the reasons for its secular underestimation. The Hobbesian text is placed within the history of English law and the controversies that accompanied and followed the revolution of 1640. It is then compared with the political works of Hobbes, showing how the silence of the law is gradually replacing the state of nature as image of the death of the Commonwealth. The Dialogue proves to be a firm position in favor of an universal and equal capacity to understand what the law is. This latter is the product of the will of a sovereign, who however is the institutionalization of the authorization of the individuals who constitute it.
King, John; Jackson, Landis
Law 20, in the Alberta (Canada) educational system, is an introductory course with three core modules: (1) "Nature of Law and Civil Law System," (2) "Contract Law," and (3) "Family Law." Law 30 consists of (1) "Basic Rights and Responsibilities," (2) "Labour Law," and (3) "Property Law."…
Full Text Available The problem, which is examined in the study, is the legal way of creation of civil law obligations. Civil law obligations are created by civil law transactions (especially by contracts. There is the question, if civil law obligations can be created directly by the legal regulations? This issue is important for the legal and financial relations between the Treasury, local government and other legal persons.
Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.
The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...
Guisasola, Jenaro; AlmudI, Jose M; Zuza, Kristina; Ceberio, Mikel; Salinas, Julia
This study aims to analyse university students' reasoning regarding two laws of electromagnetism: Gauss's law and Ampere's law. It has been supposed that the problems seen in understanding and applying both laws do not spring from students' misconceptions. Students habitually use reasoning known in the literature as 'common sense' methodology that leads to incorrect forms of reasoning. To test our hypothesis, questionnaires were designed emphasizing explanations. The results obtained show the low level of students' reasoning in both electricity and magnetism in terms of Gauss's and Ampere's laws
In this paper I argue that against the political and perhaps even religiously motivated background of the Constitutio Antoniniana, in order to further enhance the appeal of Roman law, Ulpian seeks to connect law and nature by using Stoic terminology. However, his usage of this terminology is
This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)
Full Text Available The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines the regulation on the consensual divorce in some contemporary legal systems. In addition, the authors provides a substantial analysis of the normative framework on the termination of marriage in the positive Serbian legislation. In the final part of the paper, the authors provides a comparative analysis and underscores the observed similarities and differenced in the regulation of the institute of consensual divorce in Roman law and in the contemporary legislation.
Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.
Full Text Available The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 1996 Constitution, and in particular the Bill of Rights as contained in chapter 2 of the 1996 Constitution, is applicable to "non-recognised" Muslim personal law. The answer to this question depends to a large extent on the meaning of "law" as contained in the 1996 Constitution.When the viewpoint of academic writers and the courts are evaluated it seems as if the meaning of law in South Africa is restricted to the common law, customary law and legislation. If such a viewpoint is to be followed, Muslim personal law is excluded from the scrutiny of the Bill of Rights. It is, however, inconceivable that there might be certain areas of "law" that are not subject to the scrutiny of the Bill of Rights. In this note it will be argued that Muslim personal law should be regarded as law in terms of the 1996 Constitution, or in the alternative, that Muslim personal law (or at least Muslim marriages should be recognised in terms of section 15 of the 1996 Constitution.Due to the historical resemblance between South Africa and India the meaning of "law" as contained in the 1996 Constitution will be compared with the meaning of "law" as contained in the Constitution of India. Although the Constitution of India indirectly gives recognition to various personal laws in India, these personal laws are not subject to the provisions of the Constitution of India. Therefore, it would be argued that one should approach the Constitution of India with caution when its provisions are
The information about the Russian Federation law dealing with population radiation safety signed by the President in January 1996 is given. The law is based on a new strategy of radiation protection including the mean efficient dose from all ionizing radiation sources as the main factor for evaluation of the safe level for the population. The norms stated in the law will become valid from January 1, 2000
Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"
Hough, Barry; Spowart-Taylor, Ann
This article assesses the purposes of a re-contractualisation of the employment relationship. It examines in particular the implied duty to act in good faith, and argues that in developing this and other implied terms the judiciary only extends employment protection to further wealth maximisation. It is argued that the common law sees its contribution to labour law as a device for maximising the efficiency of the enterprise and promoting the creation of wealth for the benefit of the national ...
Full Text Available Law is crucial to the maintenance and reproduction of capitalism. While Marx never produced a comprehensive theory of law, state and rights, there is much in his work, and in the broader Marxist tradition, that can help us understand the nature and role of law in contemporary capitalism. This paper sketches out some of the key resources from within the Marxist tradition that can assist us in developing Marxist understandings of law, state and rights today. Specifically, the focus is on the question of method, drawing out three key strands from Marx's own work: (i the importance of dialectical materialist analysis; (ii the historically specific and transitory nature of capitalism and (iii the centrality of class antagonism and class struggle. The argument advanced here, in sum, is that Marxist explanations of law, state and rights should foreground these analytical reference points, in order to make the role of law intelligible, and to begin to sketch how movements for fundamental social change might understand and engage with the law.
Full Text Available As the dominant direction of the study of legal phenomena, legal positivism has suffered criticisms above all from representatives of natural law. Nevertheless, the most complex criticism of legal positivism came from Ronald Dworkin. With the methodological criticism he formed in 'Law's Empire', Dworkin attacked the sole foundations of legal positivism and his main methodological assumptions. Quoting the first postulate of positivism, which understands the law as a fact, Dworkin claims that, if this comprehension is correct, there could be no dispute among jurists concerning the law, except if some of them make an empirical mistake while establishing facts. Since this is not the case, Dworkin proves that this is actually a theoretical disagreement which does not represent a disagreement about the law itself, but about its morality. On these grounds, he rejects the idea of law as a fact and claims that the law is an interpretive notion, which means that disagreements within jurisprudence are most frequently interpretative disagreements over criteria of legality, and not empirical disagreements over historic and social facts.
Made Hendra Wijaya
Full Text Available This research titled, the existence of the concept of rule by law (state law within thestate theories of law the rule of law, which is where the first problem: How can theadvantages of Rule by Law in the theory of law Rule of Law?, How is the dis advantages of aconcept of Rule by law in the theory of law Rule of Law.This research method using the method of normative, legal research that examines thewritten laws of the various aspects, ie aspects of the theory, history, philosophy, comparative,structure and composition, scope, and content, consistent, overview, and chapter by chapter,formality, and the binding force of a law, and the legal language used, but did not examine orimlementasi applied aspects. By using this approach of Historical analysis and approach oflegal conceptual analysis.In this research have found that the advantages of the concept of Rule by Law lies in theproviding of certainty, can also be social control for the community, thus ensuring all citizensin good order at all reciprocal relationships within the community. And Disadvantages of theconcept of Rule by Law if the Law which legalized state action is not supported by democracyand human rights, and the principles of justice, there will be a denial of human rights,widespread poverty, and racial segregation, and if the law is only utilized out by theauthorities as a means to legalize all forms of actions that violate human can inflicttotalitarian nature of the ruling
This study investigates the extent of availability and utilization of law reports by final year lawstudents in the Universities of Uyo and Calabar law libraries. Survey research design was adopted for the study. A total of 450 under graduate final year Law students projects were examined to determine thefrequencyofcitations of ...
ABSTRACT:After a brief exposition of theological and legal aspects (canon law of worship buildings, also with reference to Italy, the paper focuses on Spanish system and the peculiar case of Cordoba Cathedral. From an ecclesiastical-constitutional law perspective, the Mosque has a “double essence”: “catholic cathedral” and “intercultural good”, with a potential interfaith meaning. Thus, none of the following solutions can be accepted: 1 expropriate and change the temple in a public lay museum (irritating both Christian and Islamic communities; 2 qualifying again the temple as a Mosque (after 8 centuries of Christian worship; 3 leaving it solely as a Cathedral (despite its original architecture as a Mosque; 4 make of it an interfaith temple (with the risk of syncretism. The paper suggests that a solution by an agreement between the two groups, however imperfect, is possible (and reasonable from a constitutional perspective: a partial “sharing” of the building, in a brotherhood spirit of high symbolic meaning.
Chiu Yen-Lin, A.
In the last three decades environmental law has become an important part of jurisprudence. As a cross-section subject environmental law refers to a number of different legal subjects, making a clear distinguishing impossible. The thesis has the purpose to explain the concept of environmental law and to systematize the field of environmental law (also with regard to a general codification). Beginning with a summary of environmental law definitions and following a review of the international and national legal development there is an overall view about the sources, the various sections, the principles, the instruments and the implementing institutions of environmental law. The question of a complete codification of environmental law in a statute book is of special interest, as there are also international endeavors going in this direction. (author)
Zumbansen, P (Peer); Bhatt, Kinnari
textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its values by placing them ‘in context’ with existing and evolving cultural norms and political, social and economic discourses and struggles. Drawing on socio-legal investigations into the relationships ...
The development of the Common European Asylum System (CEAS) has often revealed the tight interrelation between refugee law, humanitarian law and international criminal law. It has been argued that the latter bodies of law have, in fact, played a major role in the development of most key concept of
Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article
A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…
period. Depictions of these two bows are found in the detailed reproductions of sculptures, architectural reliefs, metalworkings, bone carvings, ivory...34 Ecclesiastical History of 12 In European battles at this time, heavy cavalry was unchallenged as the offensive arm in battle.4 Since the time of...Marzial, Great Britain: Aldine Press, 1965. Vitalis, Ordericus, The Ecclesiastical History of England and Normandy, trans. by Thomas Forester, London
Manitoba Dept. of Education, Winnipeg.
This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…
Victoria A. Kosovskaya
Full Text Available In the present article author has considered features of conflict-of-laws rules as the special norms allowing to resolve a conflict question by means of the choice of applicable law. The structure of conflict norm is analysed. Difficulties in use of such specific norms having referential character are revealed and also possible ways of their overcoming are shown. In the conclusion the author emphasizes that presence of a foreign element demands use of the special social mechanism of regulation which is mediated through conflict-of-laws rules.
Basse, Ellen Margrethe
Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...
Donald, David C.
This paper identifies some common errors that occur in comparative law, offers some guidelines to help avoid such errors, and provides a framework for entering into studies of the company laws of three major jurisdictions. The first section illustrates why a conscious approach to comparative company law is useful. Part I discusses some of the problems that can arise in comparative law and offers a few points of caution that can be useful for practical, theoretical and legislative comparative ...
Full Text Available The article introduces the problem of autonomy of law. The paper examines the medieval origins of legal positivism from a historical approach, sketching the main theories concerning the emergence of law, and phrasing some preliminary consideration for a historical and philosophical view of the problem of the birth of law. As a result of reasoning the article suggests some legal historical and human ethological ideas relating to the phenomena of crystallization of the law.
Waxman, Michael P.
Asserts that the inexorable shift to transnational and global legal practice demands a comparable shift in methods of teaching comparative law to move it beyond its current American common law/European civil law myopia. Proposes an introductory course, Law in Comparative Cultures, which exposes students to a panoply of international legal systems.…
This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de
Bjerre, Henrik Jøker
of the concept of enjoyment is instructive, and looking at it more closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law....... In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....
Speck, Michael B
.... Furthermore, a false sense of security and reductions in incest reporting continue to victimize children, which results in further sex offender laws passed by legislatures without empirical data supporting such laws...
This article attempts to highlight the potential danger in applying private-law principles to social-security law in deciding whether or not social grants should be deducted from awards for damages. Typically, this issue comes to the fore where a damage-causing event, such as death, sets into motion a system that provides for ...
Cheng, W.; Samtaney, R.
The debate whether the mean streamwise velocity in wall-bounded turbulent flows obeys a log-law or a power-law scaling originated over two decades ago, and continues to ferment in recent years. As experiments and direct numerical simulation can not provide sufficient clues, in this study we present an insight into this debate from a large-eddy simulation (LES) viewpoint. The LES organically combines state-of-the-art models (the stretched-vortex model and inflow rescaling method) with a virtual-wall model derived under different scaling law assumptions (the log-law or the power-law by George and Castillo ["Zero-pressure-gradient turbulent boundary layer," Appl. Mech. Rev. 50, 689 (1997)]). Comparison of LES results for Reθ ranging from 105 to 1011 for zero-pressure-gradient turbulent boundary layer flows are carried out for the mean streamwise velocity, its gradient and its scaled gradient. Our results provide strong evidence that for both sets of modeling assumption (log law or power law), the turbulence gravitates naturally towards the log-law scaling at extremely large Reynolds numbers.
The debate whether the mean streamwise velocity in wall-bounded turbulent flows obeys a log-law or a power-law scaling originated over two decades ago, and continues to ferment in recent years. As experiments and direct numerical simulation can not provide sufficient clues, in this study we present an insight into this debate from a large-eddy simulation (LES) viewpoint. The LES organically combines state-of-the-art models (the stretched-vortex model and inflow rescaling method) with a virtual-wall model derived under different scaling law assumptions (the log-law or the power-law by George and Castillo [“Zero-pressure-gradient turbulent boundary layer,” Appl. Mech. Rev.50, 689 (1997)]). Comparison of LES results for Re θ ranging from 105 to 1011 for zero-pressure-gradient turbulent boundary layer flows are carried out for the mean streamwise velocity, its gradient and its scaled gradient. Our results provide strong evidence that for both sets of modeling assumption (log law or power law), the turbulence gravitates naturally towards the log-law scaling at extremely large Reynolds numbers.
Full Text Available This paper is dedicated to the analysis of the optional instrument for European contract law as one of the measures which the European Commission suggests within the framework of the initiative of European contract law. It is about the system of general rules of contract law and particular rules for those contracts which are the most important for the functioning of a unified European market. The paper analyses the reasons for suggesting such measures, the basic characteristics and purpose, possible ways of application, potential content and structure, its relation to other Acts and measures of community law, and, in particular, the possible constitutional law basis for the bringing in of such an act of Community law.
Movsesyan, Arsen A.
The purpose of this article is to tell briefly about the newly discovered fundamental Laws of Sociodynamics, which are the driving force of the evolution of society and the determining factor of world historic process. Based on the principle of symmetry of the laws of nature the relationship between the Laws of Thermodynamics and Sociodynamics is shown, due to which the fifth Law of Thermodynamics has been formulated. In doing so the objectivity of the concept of «spirituality» has been subst...
The present book contains all regulations relevant to EIA in compact form: The EU EIA Directive; the Federal Law on the EIA; the Procedural Rules of Atomic Energy Law; the Ninth Ordinance on the Federal Emissions Control Law including the pertinent general administrative regulation; the Federal Mining Law; the Federal Building Law; the Federal Regional Planning Law; and the EIA laws of the Laender such as implementing regulations, the Land EIA Laws, and the Land Planning Laws. There is a basic introduction to EIA law preceding this collection of regulations and laws. (orig./HP) [de
Home; Journals; Resonance – Journal of Science Education; Volume 2; Issue 12. Ohm's Law, Kirchoff's Law and the Drunkard's Walk The Drunkard's Walk. Rahul Roy. General Article Volume 2 Issue 12 December 1997 pp 33-38. Fulltext. Click here to view fulltext PDF. Permanent link:
I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII.
The aim of this study is to show that the classical distinction between the military nuclear law and the civil nuclear law is outdated. The technologies are dual and might be misused from a pacific to a military goal. The central element of the nuclear law is thus the integration of the safety rules: the nuclear risk being universal, it has created an universal law (first part) that reflects our scientific knowledge and might thus evaluate. This universal law has been a factor of nuclear security (part 2), as in 50 years, there had been only one major nuclear accident and no nuclear conflict. The horizontal proliferation has been limited and the international community has understood that time had come to reduce our arsenals. (author)
Update on Law-Related Education, 1997
Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)
Ramona Elisabeta Cîrlig
Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.
This study tries to show the essence of the international tax law, and gives a definition of it, as the origine of the international tax conflicts, but secondly the international tax law solved the international tax conflicts. One device of the solving method of the international tax law is the international treaties between the Member States about the avoidance of the double taxation. We should give a definition to the European tax law, as the result of the European tax harmonisation, but th...
Full Text Available The book by Maria Efremova, Svetlana Yakovleva and Jane Henderson aims to serve as a short introduction to Russian contract law for a foreign lawyer. Assuming that the target readership are mainly English lawyers the book’s second aim, expressly stated by the authors (pp. i, 1, is to make lawyers from common law countries familiar with codified law, with Russian law being just an example. The book covers most of the general law of obligations as well as some questions of formation and invalidity of contracts that belong to the general part of the Civil Сode, with this preceded by a brief introduction into the Russian law dealing with its history, federal structure and state agencies of Russia, its court system, sources of law and legal profession.
An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017......An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017...
Tjon Soei Len, L.; Weidtmann, N.; Hölzchen, Y.M.; Hawa, B.
This paper argues that the normative requirements of Nussbaum’s capabilities approach extend to contract law (and private law more broadly). Contract law is part of a society’s basic structure, i.e. the responsibility bearing structure that is to secure and enhance individuals’ basic capabilities.
This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is
The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.
Richmond, Peter; Solomon, Sorin
Using a previously introduced model on generalized Lotka-Volterra dynamics together with some recent results for the solution of generalized Langevin equations, we derive analytically the equilibrium mean field solution for the probability distribution of wealth and show that it has two characteristic regimes. For large values of wealth, it takes the form of a Pareto style power law. For small values of wealth, wGeneralized Lotka-Volterra type of stochastic dynamics. The power law that arises in the distribution function is identified with new additional logarithmic terms in the familiar Boltzmann distribution function for the system. These are a direct consequence of the multiplicative stochastic dynamics and are absent for the usual additive stochastic processes.
This lecture was delivered on 17 March 2010. Alan Schwartz, Sterling Professor of Law; Professor of Management, Yale University This Lecture argues that much of the contract law in the cases (the US, the UK and Canada) and in the codes (Europe and Latin America) is unnecessary. To say that a law is unnecessary is to say that it does not perform a useful social function. The argument below thus sets out the functions that contract laws today are thought to serve, and then shows that many of...
Ramirez, Marizen; Ten Eyck, Patrick; Peek-Asa, Corinne; Onwuachi-Willig, Angela; Cavanaugh, Joseph E
Bullying is the most common form of youth aggression. Although 49 of all 50 states in the U.S. have an anti-bullying law in place to prevent bullying, little is known about the effectiveness of these laws. Our objective was to measure the effectiveness of Iowa's anti-bullying law in preventing bullying and improving teacher response to bullying. Sixth, 8th, and 11th grade children who completed the 2005, 2008 and 2010 Iowa Youth Survey were included in this study (n = 253,000). Students were coded according to exposure to the law: pre-law for 2005 survey data, one year post-law for 2008 data, and three years post-law for 2010 data. The outcome variables were: 1) being bullied (relational, verbal, physical, and cyber) in the last month and 2) extent to which teachers/adults on campus intervened with bullying. Generalized linear mixed models were constructed with random effects. The odds of being bullied increased from pre-law to one year post-law periods, and then decreased from one year to three years post-law but not below 2005 pre-law levels. This pattern was consistent across all bullying types except cyberbullying. The odds of teacher intervention decreased 11 % (OR = 0.89, 95 % CL = 0.88, 0.90) from 2005 (pre-law) to 2010 (post-law). Bullying increased immediately after Iowa's anti-bullying law was passed, possibly due to improved reporting. Reductions in bullying occurred as the law matured. Teacher response did not improve after the passage of the law.
Bartels, R.; Fortin, K.
This article explores the ‘organizational’ or ‘organization’ criterion for both non-international armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried
This essay makes a distinction between two different meanings of the word «corruption»: moral corruption and legal corruption. The thesis is that in Mandeville's thought vice can be useful, while crime is always damaging. In this perspective, law is fundamental to tell vice from crime. Three points are examined: 1) the relationships between law and human nature, law and ethics, law and society; 2) the analysis of Mandeville's theory of law, in particular its nature and development; 3) the the...
In September 1976 the Africa Regional Council (ARC) of IPPF created a Law Panel to 1) advise the ARC on the emphasis of laws and parenthood programs in the region, 2) investigate legal obstacles to family planning and ways of removing them, 3) institute a monitoring service on laws and court decisions affecting planned parenthood, and 4) prepare a list of lawyers and legal reformers by country. The panel has 1) recommended adoption of an IPPF Central Medical Committee and Central Law Panel statement on sterilization, adolescent fertility control, and the use of medical and auxiliary personnel in family planning services with guidelines for Africa; 2) appointed National Legal Correspondents to carry on the monitoring service mentioned above in 18 countries; and 3) discussed solutions to problems in delivering family planning services with family planning associations in Tanzania, Zambia, Mauritius, Madagascar, and Kenya. Laws governing family planning education and services, marriage, divorce, and maternity benefits in these countries are summarized. In 1978 the panel will hold 2 workshops on law and the status of women.
Full Text Available The paper analyses the notion of consumer in the European Union law, and, in particular, the notion of consumer in insurance law. The author highligts the differences between the notion of consumer is in aquis communautaire and in insurance law, discussing whether the consumer can be defined in both field in the same way, concerning that insurance services differ a lot from other kind of services. Having regarded unequal position of contracting parties and information and technical disadvantages of a weaker party, author pleads for broad definition of consumer in insurance law. In Serbian law, the consumer is not defined in consistent way. That applies on Serbian insurance law as well. Therefore, the necessity of precise and broad definition of consumes is underlined, in order to delimit the circle of subject who are in need for protection. The author holds that the issue of determination of the circle of persons entitled to extended protection as consumers is of vital importance for further development of insurance market in Serbia.
The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 199...
Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.
Full Text Available The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but they have not recognized pre contractual liability and have not applied the doctrine of unjustified enrichment in disputes regarding illegal contract. As practical matter, the integration clause under common law system stipulated in contract governed by Indonesian law, whereas Internasional Convention on Sale of Good regarding this issue adopts civil law system.
Mello, M.M. de.
The peculiar feature of a developing nuclear law is discussed. Opinions from various writers and jurists are presented. It is concluded that it should be considered as international law, whose main sources are the various treaties, conventions and agreements. (A.L.) [pt
Letwin, Alita Zurav
Course outlines and timelines for a junior high school elective, "Youth and the Law," and a senior high school elective, "Criminal and Civil Law," are provided. A sample brochure about a supplementary television series for the junior high course is also included. (SR)
Ivanov, Dragia Trifonov
Two new experiments are offered concerning the experimental verification of Boyle's law and the ideal gas law. To carry out the experiments, glass tubes, water, a syringe and a metal manometer are used. The pressure of the saturated water vapour is taken into consideration. For educational purposes, the experiments are characterized by their…
approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....
Martinez Favini, J.A.
The ever-increasing use of atomic energy since 1950 has generated a set of rules called for practical reasons Nuclear Law. This branch of law covers a wide scope of related activities and, specialized studies have apparently foreseen all conceivable hypotheses. The international character of Nuclear Law explains the basic harmony of international legislation. The methods of comparative Law and International Private Law as well as the joint, indepth work of scientists and jurists will bring about steady progress towards legislative unity and prompt solution to conflicts. The expectable revitalization of nuclear-electric programs early in the 21st. century will give rise to a Nuclear juridical community which can already be perceived through the maturity Nuclear Law has reached. (Author) [es
The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...
Appelbaum, Paul S; Swanson, Jeffrey W
This column describes federal and state laws to restrict access to firearms among people with mental illness. The contribution to public safety of these laws is likely to be small because only 3%-5% of violent acts are attributable to serious mental illness, and most do not involve guns. The categories of persons with mental illnesses targeted by the laws may not be at higher risk of violence than other subgroups in this population. The laws may deter people from seeking treatment for fear of losing the right to possess firearms and may reinforce stereotypes of persons with mental illnesses as dangerous.
Department of Homeland Security — A lawful permanent resident (LPR) or 'green card' recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...
Aronov, R.A.; Ugarov, V.A.
The Neter theorem establishing correspondence between conservation laws and symmetry properties (space and time in particular) is considered. The theorem is based on one of the possible ways of finding equations of motion for a physical system. From a certain expression (action functional) equations of motion for a system can be obtained which do not contain new physical assertions in principal in comparison with the Newtonian laws. Neter suggested a way of deriving conservation laws by transforming space and time coordinates. Neter theorem consequences raise a number of problems: 1). Are conservation laws (energy, momentum) consequences of space and time symmetry properties. 2). Is it possible to obtain conservation laws in theory neglecting equations of motion. 3). What is of the primary importance: equations of motion, conservation laws or properties of space and time symmetry. It is shown that direct Neter theorem does not testify to stipulation of conservation laws by properties of space and time symmetry and symmetry properties of other non-space -time properties of material systems in objective reality. It says nothing of whether there is any subordination between symmetry properties and conservation laws
Full Text Available Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century.Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949 were influential.Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts.Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal.Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction.The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system.In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community of nations.International law has also been
Full Text Available Until the entry into force of the new Civil Code (1 October 2011, the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied and the inheritance of immovable property (to which lex rei sitae applied. At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law. In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter. As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code.
Gerhard Ullrich provides an overall review of the employment law of international intergovernmental organisations. In the first part of the book, he explains the basics of employment law and provides statistical data. He comments extensively on the privileges and immunities of international officials. The core of the book is dedicated to the examination of the legal sources for international civil service law. Here, the international administrative tribunals' case law on the general principles of law occupies a particularly broad area. A second legal source are the structures and elements of the statutory employment in international organisations. The author finally comments on the system of legal protection for the staff of the international civil service.
The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY...
The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but th...
... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Law courses. 21.4274... Pursuit of Courses § 21.4274 Law courses. (a) Accredited. A law course in an accredited law school leading to a standard professional law degree will be assessed as provided in § 21.4273(a). (b) Nonaccredited...
Fortin, K.M.A.; Bartels, Rogier
This article explores the ‘organizational’ or ‘organization’ criterion for both noninternational armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried out
Accelerator scaling laws how they can be generated, and how they are used are discussed. A scaling law is a relation between machine parameters and beam parameters. An alternative point of view is that a scaling law is an imposed relation between the equations of motion and the initial conditions. The relation between the parameters is obtained by requiring the beam to be matched. (A beam is said to be matched if the phase-space distribution function is a function of single-particle invariants of the motion.) Because of this restriction, the number of independent parameters describing the system is reduced. Using simple models for bunched- and unbunched-beam situations. Scaling laws are shown to determine the general behavior of beams in accelerators. Such knowledge is useful in design studies for new machines such as high-brightness linacs. The simple model presented shows much of the same behavior as a more detailed RFQ model
Adam S Chilton
Full Text Available The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.
The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...
between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics......The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...
working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... blind reviewed and edited for quality. They represent the contributions of leading academics, early career researchers and others from an increasing number of countries, universities and institutions around the world. They set a benchmark for discussion of the current issues arising in the subject area...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...
Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de
The Oromia Law Journal covers articles, book reviews, legislative and case comments related to legal, economic, political and social issues arising in relation to Oromia, Ethiopian, and other related International Laws. As such, the journal has two audiences-primary and secondary. The primary ones are legal professionals ...
The evolution and implementation of democracy, good governance practices, human rights and socio-economic development are critical issues facing South Africa and Africa as a whole. Law interacts with this process in ways that may promote or inhibit it. Law, Democracy & Development addresses this interaction. Our aim ...
S.E. Keske (Sonja)
textabstractIn this thesis, insights of the law and economics literature were collected in order to develop the features of an optimal group litigation concerning the deterrence of European Competition Law violation and these were then compared to the proposals of the European Commission in the
Cornwall, John M.
We correct an unfortunate error in an earlier work of the author, and show that in the center-vortex picture of QCD [gauge group SU(3)] the asymptotic quenched baryonic area law is the so-called Y law, described by a minimal area with three surfaces spanning the three quark world lines and meeting at a central Steiner line joining the two common meeting points of the world lines. (The earlier claim was that this area law was a so-called Δ law, involving three extremal areas spanning the three pairs of quark world lines.) By asymptotic we mean the Y law holds at asymptotically large quark separations from each other; at separations of the order of the gauge-theory scale length, there may be Δ-like contributions. We give a preliminary discussion of the extension of these results to SU(N),N>3. These results are based on the (correct) baryonic Stokes' theorem given in the earlier work claiming a Δ law. The Y-form area law for SU(3) is in agreement with the most recent lattice calculations
von der Dunk, Frans
International space law is generally considered to be a branch of public international law. In that sense, it constitutes a "subset of rules, rights and obligations of states within the latter specifically related to outer space and activities in or with respect to that realm." Dealing with an inherently international realm, much of it had been developed in the context of the United Nations, where the key treaties are even adhered to by all major space-faring countries. In addition, other sources—including not only customary international law but also such disputed concepts as "soft law" and political guidelines and recommendations—also contributed to the development of a general framework legal regime for all of mankind's endeavors in or with respect to outer space. Originally, this predominantly included scientific and military/security-related activities, but with the ongoing development of technology and a more practical orientation, it increasingly came to encompass many more civilian and, ultimately, even commercial activities, largely through downstream applications originating from or depending on space technology and space activities. Important here are the overarching, usually more theoretical aspects of international space law, which include how it was developed or continues to be developed, what special roles do "soft law" or the military aspects of space activities play in this regard, and how do national space laws (also) serve as a tool for interpretation of international space law. Also important is the special category of launches and other space operations in the sense of moving space objects safely into, through and—if applicable—back from outer space. Without such operations, space activities would be impossible, yet they bring with them special concerns; for instance, in terms of liability, the creation of space debris and even the legal status and possible commercialization of natural resources produced from celestial bodies. Finally
This Article analyzes and critiques apology laws, their potential use, and effectiveness, both legally and ethically, in light of the strong professional norms that shape physicians' reaction to medical errors. Physicians are largely reluctant to disclose medical errors to patients, patients' families, and even other physicians. Some states have passed so-called apology laws in order to encourage physicians to disclose medical errors to patients. Apology laws allow defendants to exclude statements of sympathy made after accidents from evidence in a liability lawsuit. This Article examines potential barriers to physicians' disclosure of medical mistakes and demonstrates how the underlying problem may actually be rooted in professional norms-norms that will remain outside the scope of law's influence. The Article also considers other legal and policy changes that could help to encourage disclosure.
... 25 Indians 1 2010-04-01 2010-04-01 false Are Indian country law enforcement officers paid less than other law enforcement officers? 12.33 Section 12.33 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Qualifications and Training Requirements § 12.33 Are Indian country law enforcement...
Cremer, Wolfram; Pielow, Johann-Christian (eds.)
This book contains the contributions and discussion of the 13th annual meeting of the Institute of Mining Law and Energy Law of the Ruhr University Bochum. The meeting washed on 6 March 2009 under the title ''Problems and Perspectives in Energy Law and Environmental Law''. (orig.)
Full Text Available Civil and the common law approaching Europe is no longer a “future project”, but more and more rather a present attempt (Kötz, 2003 – 2004. In this prism, concentrating on the European International Private Law within the space of mixed jurisdictions, it may seem surprising in light of the attempts to create a new European ius commune. But is it possible that a unification of the material law may sign the start of the end of the European conflicts of laws? Last but not the least private international law is not just a choice of law. The unification of the private law, in its definition as a concept, does not influence two of the three pillars of the private international law: respectively, that of the jurisdiction and recognition as well as implementation of foreign decisions.
Full Text Available It is well known that the modern day technologies that drive our global society are highly dependent on the use of outer space. For example, daily activities such as sending emails, making phone calls and carrying out bank transactions cannot be done unless satellite technologies are involved. When you catch a plane, the air traffic control is dependent on GPS. Even natural disaster management is dependent on satellite imaging. Taking into account the importance of this, it becomes increasingly necessary to be knowledgeable in the field of international law as it is the only sphere of law that reaches beyond the physical boundaries of the Earth, goes deep into space and provides protection for today’s society. With new steps being taken to exploit further the potentials of outer space, and with increasing talk of new space missions and new discoveries, current international space law is being placed under scrutiny, for it should be remembered that the major international legal documents in this field were adopted in the middle of the 20th century, and thus there are fears that the law may have become obsolete, irrelevant in the face of new challenges in the use of outer space. This paper delivers an analysis of existing international space law and attempts to raise several crucial issues pertinent in the area.
Lorenzo Zolezzi Ibárcena
Full Text Available While most of the Law and Literature books and articles stress from the beginning the distinction between Law in Literature and Law as Literature, my approach is from the standpoint of Law teaching. A course on Law and Literature will help the students not only to write better, but it may convey the students facts that surround the work of the formal legal systemas the human condition or the legal culture, as well as a legal perspective thatis, so to speak, engraved in the human mind. The so-called didactic school is treated and criticized. The distinction between Law in Literature and Law as Literature cuts across the whole work.
verified, the hypothesis changes from the status of a 'mere' hypothesis, and ... a pre-existing law and the body of facts upon which that law is based. Hypotheses .... implicit belief that order objectively exists in nature, and that scientific laws ...
The equation describing the magnetic field due to a single, nonrelativistic charged particle moving at constant velocity is often referred to as the "Biot-Savart law for a point charge." Introductory calculus-based physics books usually state this law without proof.2 Advanced texts often present it either without proof or as a special case of a complicated mathematical formalism.3 Either way, little or no physical insight is provided to the student regarding the underlying physics. This paper presents a novel, basic, and transparent derivation of the Biot-Savart law for a point charge based only on Maxwell's displacement current term in Ampere's law. This derivation can serve many pedagogical purposes. For example, it can be used as lecture material at any academic level to obtain the Biot-Savart law for a point charge from simple principles. It can also serve as a practical example of the important fact that a changing electric flux produces a magnetic field.
Hueffer, U.; Ipsen, K.; Tettinger, P.J.
Present mining law and energy law is discussed in 29 papers. Fundamental aspects of legal policy are discussed from the view of the Federal Government and of the Land of Nordrhein-Westfalen. Among the subjects discussed are: Property rights and mining; brown coal projecting; instruments for the promotion of power generation from coal; law on mining damage, industrial safety, and social security. There are several papers on legal problems of power supply, e.g. the autonomy of public utilities, the construction of power supply networks, the utilisation of renewable energy sources, waste incineration, and court decisions in the nuclear licensing procedure. There is a section on international law and a comparison of legal regulations, comprising: legal measures and standards within the IAEA; organisation and tasks of the IEA, energy law and energy policy of the USA, Japan, Great Britain, France, and the COMECON states (the latter referred to the production of energy sources and the electric power generation capacity). (orig./HP) [de
Tjong Tjin Tai, Eric; Brownsword, Roger; van Gestel, Rob A.J.; Micklitz, Hans-W.
It is often argued that formal contract law cannot treat networks correctly. An analysis of networks in an informal contract law system shows that informal contract law is no panacea. Remaining problems require a different approach to legal regulation and contract practice.
and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...
Brinduşa Camelia Gorea
Full Text Available Our purpose is to provide a detailed view on the European legal education system in Romania.There are few papers on EU legal education policy in Romania. We try to fill this gap in some extend, as apart of a larger research we conducted in the past 3 years. Our sources of evidence were: the Romanianlegislation; a representative number of law curricula and EU law syllabus and a research survey of Romanianstudents, EU law professors and legal practitioners. We found out that the “traditional” Law specialization ismore desired by the potential students than the European Law specialization. Nevertheless, Romanian lawschools have enough discretion to introduce more EU law disciplines. By targeting the weak parts of the EUlegal education system, our study may reveal its benefits to law professors, legal researchers, responsiblefactors within the Romanian law departments and even to the Romanian legislator. This paper provides ashort explanation of the ascension and development of EU legal studies in Romania, an overview of the keyissues in the law curricula and the EU law syllabus and recommendations on the reforming the EU legaleducation in Romania.
Brandão, Fernando; Horodecki, Michał; Ng, Nelly; Oppenheim, Jonathan; Wehner, Stephanie
The second law of thermodynamics places constraints on state transformations. It applies to systems composed of many particles, however, we are seeing that one can formulate laws of thermodynamics when only a small number of particles are interacting with a heat bath. Is there a second law of thermodynamics in this regime? Here, we find that for processes which are approximately cyclic, the second law for microscopic systems takes on a different form compared to the macroscopic scale, imposing not just one constraint on state transformations, but an entire family of constraints. We find a family of free energies which generalize the traditional one, and show that they can never increase. The ordinary second law relates to one of these, with the remainder imposing additional constraints on thermodynamic transitions. We find three regimes which determine which family of second laws govern state transitions, depending on how cyclic the process is. In one regime one can cause an apparent violation of the usual second law, through a process of embezzling work from a large system which remains arbitrarily close to its original state. These second laws are relevant for small systems, and also apply to individual macroscopic systems interacting via long-range interactions. By making precise the definition of thermal operations, the laws of thermodynamics are unified in this framework, with the first law defining the class of operations, the zeroth law emerging as an equivalence relation between thermal states, and the remaining laws being monotonicity of our generalized free energies.
Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating
to health care services dovetails with the international law approach to assessing compliance with the ..... with extended opening hours) are well distributed across the city.40 Availability of .... often constitutes a de facto denial of access to care.
Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.
This study comprises reading photos specifically referring to the episcopate in religious photos of Dom Jaime Luiz Coelho, 1st Bishop of the Diocese of Maringá, in Paraná State, the Catholic bishops¿ period which lasted for 40 years, from 1957 to 1997. Based on acquits consists of multiple images, analyzed four categories of photographs: ecclesiastical architecture, episcopate, activities and ecclesiastical body. Noting the discourse about the Church, the social context and their relations re...
Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David
This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues
In this contribution, two recent developments in Dutch administrative law are discussed. The codification of administrative law in a General Administrative Law Act (1994) has contributed much to this field of law, but has also caused additional legal complications for the administration. In 1997 the
Over the past few years, China has made remarkable achievements in the space sector and become one of the most relevant players in the outer space domain. Highlights of this process have been the deployment in orbit of the first Chinese space station, Tiangong-1, on September 29, 2011; and the landing of the Yutu rover on the lunar surface on December 14, 2013. While technological developments have occurred at such a rapid pace, the same cannot be said of the regulatory framework governing Chinese space activities, which still lays at its infant stage. Indeed, unlike other major space-faring countries, China lacks comprehensive and uniform national space legislation; as of now, China has enacted two low-level administrative regulations addressing the issues of launching and registration of space objects. With the growth of the Chinese space program, such a lack of a structured national space law is beginning to show its limits and to create concerns about its negative impact on business opportunities and the ability of China to fully comply with international obligations. One should keep in mind that the international space treaties (China is part to four international space law treaties) are not self-executing, thus requiring States to adopt domestic measures to ensure their effective implementation. Importantly, Chinese authorities appear to be aware of these issues; as stated by the secretary-general of the Chinese National Space Administration (CNSA) in 2014, national space law has been listed in the national legislation plan and the CNSA is directly engaged in such a process. However, questions remain as to how this drafting process will be conducted and what legal form and content the law will have. For example, China could either decide to proceed with a gradual approach, consisting in the adoption of laws addressing selected issues to be eventually assembled into one single law; or to directly move to the adoption of one comprehensive law. In any case, if
Golden, Cathleen J.; McDonald, Michael L.
Outlines international business content for a high school business law curriculum: history of international business law, World Trade Organization, international disputes, contracts and sales, financing/banking, currency, taxation, intellectual property, transportation, and multinational corporations. Considers whether to teach international…
N. Ike Kusmiati
Full Text Available [Unidroited Position As A Source Of Contract Law In The Future Of Indonesian Contract Law Amandement] Business transaction often faced the issue of ensuring that the rights and obligation are fulfilled as the agreement as agreed, especially when facing the difficulties of the rights and obligation of the parties due to different legal system between countries. Thereore, to answer the problems the parties will seek legal sources, namely book III of the Civil Code in addition to studying and understanding the principles of internasional commercial contract law, namely UNIDROIT which contains principles that can be adopted as one of the works that seek Standarization of contract law to encourage the harmonization of commercial law international efforts to bring together different business actors between countries, so that the same legal basis is required in the coming renewal of Indonesia contract law. Keyword : Position, UNIDROIT, Law, Contract, Indonesia.
... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section...
Simplice A., Asongu
Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...
Skurnick, Ronald; Javadi, Mohammad
The Law of Sines and The Law of Cosines are of paramount importance in the field of trigonometry because these two theorems establish relationships satisfied by the three sides and the three angles of any triangle. In this article, the authors use these two laws to discover a host of other trigonometric relationships that exist within any…
Viral V. Acharya; Ramin P. Baghai; Krishnamurthy V. Subramanian
Can stringent labor laws be efficient? Possibly, if they provide firms with a commitment device to not punish short-run failures and thereby incentivize the pursuit of value-maximizing innovative activities. In this paper, we provide empirical evidence that strong labor laws indeed appear to have an ex ante positive incentive effect by encouraging the innovative pursuits of firms and their employees. Using patents and citations as proxies for innovation and a time-varying index of labor laws,...
Kennedy, Amanda; Mundy, Trish; Nielsen, Jennifer M.
In 2012, a team of academics from six universities worked on an OLT-funded project, "Rethinking Law Curriculum: developing strategies to prepare law graduates for practice in rural and regional Australia." The project was motivated by the declining proportion of lawyers being attracted to and remaining in practice in rural and regional…
Gordeeva, Yelena M.
An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights
Ottmar Rafael Uriza Gosebruch
Full Text Available The present article explains the modeling of a Gas Turbine system; the mathematical modeling is based on fluid mechanics applying the principal energy laws such as Euler’s Law, Newton’s second Law and the first thermodynamic law to obtain the equations for mass, momentum and energy conservation; expressed as the continuity equation, the Navier-Stokes equation and the energy conservation using Fourier’s Law. The purpose of this article is to establish a precise mathematical model to be applied in control applications, for future works, within industry applications.
Frank J. Garcia
Full Text Available International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be examined for how it may contribute to the lessening of inequality. To do so will require a shift in the way that we think, in order to address inequality as a problem of an emerging global market society, and how best to regulate that society and its institutions.
Feb 5, 2014 ... regulate human interaction, order society, create certainty and are applied, .... law students, practitioners, academics and law-makers will be measured against the ... education, and distinguished between law as a science and law as ..... a question or a problem – in short, by something theoretical".60.
Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law.......Introductory Guide to European Corporate Law presents in an easily comprehensible and accessible way the main features and principles that govern European corporate law....
Hesselink, M.W.; Twigg-Flesner, C.
This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories are largely irreconcilable with the contract law of the EU. The paper further addresses the main implications of this mismatch, both for contract theory and for EU contract law. It suggests that in...
Full Text Available Indonesia has the potential of marine and fisheries and a good variety of renewable or not renewable, but in the field fishery optimally still hampered with the rampant practice of catching fish illegally or criminal acts in the field of fisheries. The purpose of this writing is to know the influence of the culture of law in law enforcement criminal acts in the field of fisheries. Writing this type of normative research using secondary data, then the data were analyzed qualitatively-normative, examine the way interpret and construct the statement contained in document per-Act. The results showed that the law is strongly influenced by factors such as, among others: values, attitudes, and the community's view of called with cultures of law. Based on legal cultures which may give rise to differences in law enforcement between the communities that one with other communities. The legal culture is linked to the professionalism of law enforcers in the exercise of his duties, and public awareness in adhering to the law itself. Overall attitudes and values and behavior that determine the applicable law on society. Thus, the construction of the legal awareness should be oriented in an effort to promote the values underlying the legislation in question as well as paying attention to the communication of the ruling factor in order for the contents of such laws can be known by the public at large as the target of the rule of law itself. So the culture of the law contains the meaning of the process of internalization of values that are alive and thriving in the community who can serve as a cornerstone in understanding and law enforcement especially in the field of fisheries. Therefore, the fundamental issues should be against the law as already described above should be addressed properly
Eberstein, H.H.; Strecker, A.
Loose-leaf collection containing the full text of 1) Law on the safety of technical equipment and materials, with administrative regulations and ordinances; 2) Section 24 of the Trading and Industrial Code, and ordinance on the use of compressed air; 3) Ordinance on the handling of hazardous materials; 4) Working Site Ordinance; 5) Law concerning works doctors, safety engineers and other personnel responsible for occupational safety; 6) Law for the protection of minors in working conditions; 7) Atomic Energy Law; 8) Radiation Protection Ordinance; 9) X-ray Ordinance; 10) Law on hazardous chemical substances; 11) Law on the carriage of dangerous goods. (HP) [de
Stocklmayer, Sue; Rayner, John P.; Gore, Michael M.
Newton's laws are difficult both for teachers and students at all levels. This is still the case despite a long history of critique of the laws as presented in the classroom. For example, more than 50 years ago Eisenbud and Weinstock proposed reformulations of the laws that put them on a sounder, more logically consistent base than is presented in…
Túlio de Medeiros Jales
Full Text Available The paper argues that it is wrong to use supposed ontological distinctions between common law and civil law to explain both the difference of normative hierarchy between laws and precedents and a methodological asymmetry in the application of these two normative types. Drawing the transformations that the reception of the post positivistperspective throws at the theme of juridical traditions, it assumes the hypothesis that the difference between the two legal families is fruit of the reception of contestable theses of the legal positivism. The confirmation of the hypothesis indicates the need to seek alternatives to explain differences between legal orders that are not based on the categories of legal traditions.
... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Applicable law. 155.3 Section 155.3... RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS § 155.3 Applicable law. (a... transfer to the requirements of applicable law. Based on the laws cited in this paragraph, the...
Expósito Vélez, Juan Carlos
The new Administrative Procedure and Administrative Process Law (Law 1.437 of 2011) require a deep analysis, because it brings a new perception of old models of the Administrative Colombian Law: nullity, nullity and reestablishment of rights and the controversies relative to public contracts. El Nuevo Código de Procedimiento Administrativo y de lo Contencioso Administrativo (Ley 1.437 de 2.011) requiere de un análisis profundo, debido al nuevo alcance que trae a figuras tradicionales del ...
Koch, H.J. (ed.) [Hamburg Univ. (Germany). Forschungsstelle Umweltrecht
The text book under consideration already is addressed to lawyers and students of jurisprudence. It enables an introduction into the general environmental law and consists of sixteen autonomous chapters: (a) International law in the field of ecology (Matthias Buck, Roda Verheyen); (b) European and national environmental constitutional law (Johannes Caspar); (c) General environmental administrative law (Ulrich Ramsauer); (d) Pollution abatement law (Hans-Joachim Koch); (e) Water protection law (Silke Laskowski, Cornelia Ziehm); (f) Recycling economy law and waste management law (Martin Dieckmann, Moritz Reese); (g) Nature conservation law (Christian Maass, Peter Schuette); (h) Soil conservation law and contaminated sites law (Nikolaus Herrmann); (i) Energy legal regulations as an instrument of environmental protection (Wolfgang Ewer); (j) Atomic energy law (Klaus Jankowski); (k) Genetic engineering law (Ursula Prall); (l) Law of hazardous materials (Eckhard Pache); (m) Environmental law in planning law (Nikolaus Hermann); (n) Environment and traffic (Philipp Hermann, Ekkehard Hofmann); (o) Agriculture and ecology (Ulf-Henning Moeker); (p) Liberal trade and environmental protection (Matthias Buck).
It is shown that, while links exist between the second and third laws, between the zeroth and proposed fourther laws and between the zeroth and second laws, no equivalences have been proved. Moreover, for positive absolute temperatures, the second law is seen to imply the zeroth law, provided the validity of the first law is assumed. However, since this result does not hold for negative absolute temperatures, no redundancy among the laws of thermodynamics can be claimed to have been established
Laws change over time, with the times. Interpretations of old laws shift and the need for new laws emerges. There are endless reasons for these necessary changes, but the basic impetus is the changing nature of societal circumstance. Fifty years ago there were no laws directly governing nuclear power in any way. Today we know that nuclear power touches people from their wallets to their descendants. Currently, many laws related to nuclear power are in place, laws which protect all sectors of society from electricity generating bodies to a newborn child, and the Chernobyl accident has broadened the legal ramifications of nuclear power even more. This expanding body of nuclear law reflects our expanding understanding of nuclear power from its technical beginnings to its societal consequences and implications. The law is now beginning to reflect the growing significance of decommissioning. What are the relationships between decommissioning and the existing laws, government agencies, and policies? Ironically, although the UK will lead the world in addressing decommissioning responsibilities, there are no explicit laws in place to govern the process. In the absence of specific legislation governing decommissioning, the primary responsibilities fall to the operators of the power plants, a circumstance not lost on those involved in privatization. In this chapter, the wide and varied legal ramifications of decommissioning are examined. (author)
Lloyd, Robert M.
Describes the successful use of an interactive, computer-based format supplemented by online chats to provide a two-credit-hour commercial law course at the University of Tennessee College of Law. (EV)
Wiley, Lindsay F
Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement
Laugier, Alexander; Garai, Jozsef
Undergraduate and graduate physics and chemistry books usually state that combining the gas laws results in the ideal gas law. Leaving the derivation to the students implies that this should be a simple task, most likely a substitution. Boyle's law, Charles's law, and the Avogadro's principle are given under certain conditions; therefore, direct…
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 231.16 Section 231.16 Foreign... EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND CONDITIONS § 231.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of...
This thesis analyzes international animal law, understood broadly as any international legal regulation pertaining to animals. The purpose of the thesis is to explain the moral implications of this branch of international law: how the law perceives the animal and how it believes animals ought to be treated. It attempts to do so by contrasting the law with moral philosophy pertaining to the status and treatment of animals as well as the core characteristics of the branch of animal law found in...
Khumaeni, A.; Tanaka, S.; Kobayashi, A.; Lee, Y. I.; Kurniawan, K. H.; Ishii, K.; Kagawa, K.
Equipment for demonstrating Newton's third law and the energy conservation law in mechanics have successfully been constructed utilizing fine spherical plastic beads in place of metal ball bearings. To demonstrate Newton's third law, special magnetized Petri dishes were employed as objects, while to examine the energy conservation law, a…
Full Text Available On May 25 - 26, 2010, Université Laval, the University of Windsor Faculty of Law and the University of Louisville Brandeis School of Law, hosted the Sixth Administrative Law Discussion Forum. These discussion fora, which have become an international academic success, have been held in a variety of venues in North America and Europe since the early 1990s. They are an initiative of Russell Weaver, Professor of Law & Distinguished University Scholar at the University of Louisville. The fora provide an opportunity for thoughtful exchange among administrative law academics on contemporary issues that cut across national borders.
Jun 2, 2016 ... section 20(1)(a) of the Electoral Commission Act 51 of 1996 after counsel ... in the 2016 national municipal elections scheduled for 3 August 2016, .... of South African law 9 ed (Cape Town: Juta and Company Ltd 2007) 93.
Blume, Peter Erik
and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...
Aeon Skoble J.
Full Text Available In this paper we analyze the relationship between Hayek's theory of the state and law and the constitutionalist tradition of the eighteenth and nineteenth centuries, with a focus on Hayek's evolutionists interpretation of the origin of social institutions. I will suggest the specificity of the evolutionist approach in the context of the concept of separation of powers, and especially the functional role of the legal system, and specific emphasis on the role of the judges in the development of law. A key aspect that characterizes Hayek's approach to the theory of law is a strong emphasis on the verge of rationality and, consequently, increased the importance of customary and traditional norms in preserving the rationality of the legal system.
Full Text Available The dualism between common law and civil law in Serbia has been examined in theoretical and factographical ethnological and legal literature, yet this problem in the sphere of inheritance law has been considered mostly within the context of inequality between the sexes in matters of inheritance. As a result, the question of the connection between life-long support contracts and inheritance remains unexplored, despite the fact that through the analysis of inheritance practices based on this kind of contract the influence of socio-cultural mechanisms on the institution of inheritance can be clearly observed. These insights, together with the fact that a dualism and parallelism of civil and common have existed in Serbia for more than a century, have inspired an analysis of life-long support contracts in order to problematize the relation between common law and civil law in practice.
Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)
The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.
Ekardt, Felix; Rostock Univ.
The 2014 amendment to the Renewable Energy Law (EEG) which is currently in the process of enactment aims to limit the scope of what has been one of the most successful climate protection instruments in the history of German law. In essence this instrument has established an obligation of acceptance of and remuneration for electricity generated from renewable resources. The present article analyses the most important regulatory objects of the 2014 EEG for their compatibility with German constitutional law as well as primary and secondary EU law.
The nuclear law was analyzed during a workshop. The main aspects were: the law of population to access to information on nuclear energy and the relationship between the Regulator Organism and the nuclear power plants managers
Mohamad, Abdul Basir Bin
The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...
This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church....... The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former...... faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582....
Objective This paper aims to demonstrate that any suggestion that there is a need for specific innovation laws is flawed. Innovation is central to good medical practice and is adequately supported by current law. Methods The paper reviews the nature of medical innovation and outlines recent attempts in the UK to introduce specific laws aimed at 'encouraging' and 'supporting' innovation. The current legal framework is outlined and the role of the law in relation to medical innovation explored. Results The analysis demonstrates the cyclic relationship between medical advancement and the law and concludes that there is no requirement for specific innovation laws. Conclusions The law not only supports innovation and development in medical treatment but encourages it as central to a functioning medical system. There is no need to introduce specific laws aimed at medical innovation; to do so represents an unnecessary legal innovation and serves to complicate matters. What is known about the topic? Over recent months, there has been a great deal of discussion surrounding the law in the context of medical innovation. This was driven by the attempts in the UK to introduce specific laws in the Medical Innovation Bill. The general subject matter - negligence and the expected standard of care in the provision of treatment - is very well understood, but not in cases where the treatment can be described as innovative. The general rhetoric in both the UK and Australia around the Medical Innovation Bill demonstrates a lack of understanding of the position of the law with regards to innovative treatment. What does this paper add? This paper adds clarity to the debate. It presents the law and explains the manner in which the law can operate around innovative treatment. The paper asserts that medical innovation is both supported and encouraged by existing legal principles. What are the implications for practitioners? The paper presents an argument that can guide the policy position
International nuclear energy law, as discussed in this article, is the law relating to the global, peaceful uses of nuclear science and technology. The position of nuclear law in the wide realm of law itself as well as the present status of nuclear legislation is assessed. This article also covers the development of international nuclear energy law, from the first nuclear law - the New Zealand Atomic Energy Act of 1945-, the present and the future. National and international organizations concerned with nuclear energy and their contribribution to nuclear law are reviewed
Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.
The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle; (b) The security principle; (c) The responsibility principle; (d) The permission principle; (e) The continuous control principle; (f) The compensation principle; (g) The sustainable development principle; (h) The compliance principle; (i) The independence principle; (j) The transparency principle; (k) The international co-operation principle
Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.
The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle
Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.
The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle
The contribution shows that the exclusion of objections after expiration of the term provided for in licensing procedures under Atomic Energy Law and Pollution Control Law has to be understood extensively and that it is in accordance with German Basic Law. In detail, the treatise is limited to the discussion of the following issues: the effects of the expiration of the period on the right to raise objections, the importance of the exclusion of objections for lawsuits and the importance of the exclusion of objections for constitutional law. (orig./HSCH) [de
Kojo, Gen; Shono, Yohei; Ushiyama, Hiroshi; Oshima, Yoshito; Otomo, Junichiro
The proton-conducting properties of lanthanum tungstates (LWOs) with high La/W ratios were investigated using electrochemical measurements and quantum chemical calculations. Single phases of LWOs with high La/W ratios (6.3≤La/W≤6.7) were synthesized by high-temperature sintering at around 1700 °C. The electrical conductivity of LWO increased with increasing La/W ratio in the single-phase region. The LWO synthesized at the optimum sintering temperature and time, and with the optimum La/W ratio gave the maximum conductivity, i.e., 2.7×10 −3 S cm −1 with La/W=6.7 at 500 °C. Density functional theory calculations, using the nudged elastic band method, were performed to investigate the proton diffusion barrier. The results suggest that the proton diffusion paths around La sites have the lowest proton diffusion barrier. These findings improve our understanding of LWO synthesis and the proton-conducting mechanism and provide a strategy for improving proton conduction in LWOs. - Graphical abstract: The LWOs with high La/W ratios were synthesized for the first time. The optimum La/W ratio gave the maximum conductivity with La/W=6.7 at 500 °C. The proton diffusion paths were also considered with density functional theory calculations. - Highlights: • The proton-conducting properties of lanthanum tungstates (LWOs) were investigated. • Single phase LWOs with high La/W ratios (6.3≤La/W≤6.7) were synthesized successfully. • LWOs with the high La/W ratios showed high proton conductivity. • The DFT calculation suggested the lowest proton diffusion barrier in the path around La sites.
Full Text Available This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation; and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI and the Compilation of Sharia Economic Law (KHES, do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis in Islamic history which on a certain level similar to the role of judges in common law system.
. Sources of Labour Law Chapter 6. International Private Labour Law – Conflicts of Law Selected Bibliography Part I. The Individual Employment Relation Chapter 1. Definitions and Concepts Chapter 2. Rights and Duties of the Parties during Employment Chapter 3. Working Time, Annual Holidays, Public Holidays...... Falling on a Normal Working Day and Leave Schemes Chapter 4. Remuneration and Benefits Chapter 5. Incapacity to Work Chapter 6. Job Security Chapter 7. Protection of Certain Categories of Employee and against Discrimination in Employment Chapter 8. Covenants of Non-competition and Non-solicitation Chapter....... Strikes, Lock-outs and Other Legal Forms of Industrial Action Chapter 6. Settlement of Industrial Disputes of Interest and Protection of Vital Needs Chapter 7. Disputes of Rights Introductory Remarks Part I. Implementation into National Law Chapter 1. Legal Sources Chapter 2. Objective and Scope Chapter 3...
Vlaardingerbroek, Barend; Traikovski, Louie; Hussain, Irshad
Law-related topics arise in the school curricula of both developed and developing countries. Civics/citizenship education and social studies tend to be the curricular mediums into which law topics are inserted. This paper details law education at school level in Australia (State of Victoria) and Pakistan. The main challenge facing the…
Full Text Available This paper analyses Children Protection in the Islamic Family Law of Southern Thailand and the Civil Law of Thailand. The common issue faced by the Court or the District Islamic Department is the rising number of hadhanah claim cases. This research is meant to investigate the rights of children regarding hadhanah based on the Islamic Family Law of Southern Thailand and to what extent the laws follow the principles of Islamic law. This research utilized few approaches which are the content, deductive, inductive, and comparative analysis. Basically, the findings suggest that the differences between the two laws can be accepted as both laws originated from distinguished backgrounds. Therefore, both laws play crucial roles in completely protecting the children in hadhanah cases, as well as promising safety and peaceful life for the children even though their parents’ relationship is in crisis.
When an Agency Seminar on the Development of Nuclear Law was held in Bangkok during April, those taking part included two previous trainees with the Agency's Legal Division. Both hold important positions with their national Atomic Energy Commissions, one as Legal Adviser and the other as Chief Legal Officer. All others who attended are closely associated with drafting laws and regulations for nuclear activities. (author)
Elsmore, Matthew James
-border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...
Wu, S. Q.; Cai, X.
Four classical laws of black hole thermodynamics are extended from exterior (event) horizon to interior (Cauchy) horizon. Especially, the first law of classical thermodynamics for Kerr-Newman black hole (KNBH) is generalized to those in quantum form. Then five quantum conservation laws on the KNBH evaporation effect are derived in virtue of thermodynamical equilibrium conditions. As a by-product, Bekenstein-Hawking's relation $ S=A/4 $ is exactly recovered.
Wu, S.Q.; Cai, X.
Four classical laws of black-hole thermodynamics are extended from exterior (event) horizon to interior (Cauchy) horizon. Especially, the first law of classical thermodynamics for Kerr-Newman black hole (KNBH) is generalized to those in quantum form. Then five quantum conservation laws on the KNBH evaporation effect are derived in virtue of thermodynamical equilibrium conditions. As a by-product, Bekenstein-Haw king's relation S=A/4 is exactly recovered
... WAKE ISLAND CODE Civil Law § 935.20 Applicable law. Civil acts and deeds taking place on Wake Island... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 935.20 Section 935.20 National... June 15, 1950 (64 Stat. 217) (48 U.S.C. 644a), according to the laws of the United States relating to...
The author first shows the various legal regulation patterns of the German law system with regard to technical installations and in this context discusses the comprehensive clause method which refers to scientific-technical standards. This method is said to be an adequate means of achieving suitable results in the relationship between law and technology. However, three weak points can be seen: (1) The law system uses many different standards. (2) Due to uncertainty about the real meaning and content of these standards, it is not clear how these standards are defined. (3) This in practice puts up the question to what extent statutory works of technology are a suitable tool of making legal regulations more concrete, and whether they are to be given binding force. (HSCH) [de
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Administrative Law Judge. 128.2 Section 128.2... § 128.2 Administrative Law Judge. The Administrative Law Judge referred to in this part is an Administrative Law Judge appointed by the Department of State. The Administrative Law Judge is authorized to...
On the basis of jurisdiction in atomic law and in other planning and immission laws, the author deals with the question whether a plaintiff can base his action against a nuclear licence on the fact that the general population risk is very high around the chosen site or because of the type of reactors. Even if jurisdiction negates this question because of the function of the administrative-judicial legal protection (individual involvement), it nevertheless regards it as neccessary with the increasing number and size of NPPs, to make the general population risk accessable to actions. The author critically deals with the protection norm theory of the legal dogmatics and that of the practical jurisdiction. He suggests to replace the 'Nachbarklagen' model in atomic laws by a model of 'Eingriffsverwaltung' and to regard the licences primarily as tolerance declarations to the neighbourhood and secondarily as favouring administrative actions. (UN) [de
This article aims to provide no more than a brief summary and overview of some of the principal legal questions which arise in connection with assisted human conception. There is no requirement of legal suitability for natural parenthood, though a child may be removed from parental care at birth if its welfare is considered to be at risk. Where medical or other assistance is required, however, the law and social judgments may impinge on the freedom of individuals to procreate. Commercial surrogacy has recently been criminalized, but private surrogacy arrangements without reward are not illegal--although any contract would probably be unenforceable through the courts. If medical intervention is required to achieve assisted conception, the availability of resources for NHS treatment, the physical and mental health of the prospective mother and father, and the welfare (or lack of it) of any prospective child, may be factors in deciding whether an infertility unit will offer treatment. Such practices must not operate unfairly and must not discriminate on racial grounds. If treatment is provided, and a woman becomes pregnant, the ordinary abortion laws will apply and, it is thought, will extend to the selective reduction of a multiple pregnancy--there is no claim in English law for 'wrongful birth'. AID does not constitute adultery, and the law has recently been reformed to recognize children born following AID as legitimate to their social parents. A child may be regarded as the legitimate child of a surrogate mother's marriage, but where the baby is genetically distinct from the surrogate mother, the law, and is uncertain and as yet could be conflicting claims of parenthood without legislation. The storage and disposal of human gametes and embryos may raise problems of 'ownership'.
of customary law, affect the positioning, operation and influence of traditional justice systems. ... communities of East Africa.11 In non-centralised communities, the people were as critical to ..... Other elements which make traditional justice systems the preferred option include ..... are in attendance as friends of the court.
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad ... Book Review: Aboriginal Customary Law: A Source of Common Law Title to ... to promote climate justice · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT
Within the meeting ''Challenge: Code of environmental law'' at 16th February, 2007, in Berlin (Federal Republic of Germany) and organized by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (Berlin, Federal Republic of Germany), the following lectures were held: (a) the new code of environmental law as a contribution to more modernness and efficiency in the environmental politics (Sigmar Gabriel); (b) The code of environmental law from the view of the economy (Martin Wansleben); (c) Significance of the code of environmental law from the view of jurisprudence (Michael Kloepfer); (d) Targets, content and utility of the code of environmental law: Summary of the panel discussion (Tanja Goenner, Klaus Mittelbach, Juergen Resch, Hans-Joachim Koch, Alfred Wirtz, Andreas Troge (moderator)); (e) Considerations to the coding of water law in the code of environmental law (Helge Wendenburg); (f) Considerations to the coding of water law: Summary of te discussion; (g) Considerations to the coding of nature conservation law (Jochen Flasbarth); (h) Considerations to the coding of nature conservation law: Summary of the discussion.
Guilherme Domingos de Luca
Full Text Available Examine in this study as a problem, the relationship of law and Fraternity as a promotional instrument of Human Dignity in Labour Law, pointing out the means by which positive law has constitutionalized the fundamental guarantees of man labor law. Understand the relationship of human labor versus the dignity of the human person, and the idea of fraternity as a promotional function. The research was based on bibliographic compared. The main object is to understand the role of the fraternity and the right to promote dignity in labor law. Specifically, to understand the role of the principle of brotherhood and human dignity in the protection of labor Fundamental Rights. It is a guided research in the hypothetical-deductive research method, starting from the hypothesis that the community contributes to the correct application of the law as the dignity of labor instrument.
This book is divided in seven parts, covering international organizations in nuclear energy. agreements, nuclear laws and environment, national legislation program and Uruguayan legislation. The texts of the nuclear laws in Uruguay are reproduced, and several aspects on nuclear energy are discussed
İnal , Hakan
Median voter theorem has been used in many economic environments including law enforcement. Assumptions of the median voter theorem, however, are generally violated in lawenforcement models. Moreover, it is impossible to have agents with "opposite equilibrium preferences" over enforcement levels in law enforcement models. These limitations on the use of preferences over law enforcement raises questions about the robustness and validity of law enforcement models.
Peters, G R
Catholic health care facilities must consider the business and legal risks, canon law, and other constraints when planning a joint venture with physicians. Participants should first establish goals and compatibility, then determine the venture's type (property, service), form ("true," lease, contract), and structure (corporation, partnership, joint property ownership, trust). The administrator must decide whether the facility will participate directly in the venture or form a separate organization. Participants must determine their relationships with the venture, choosing among many options. The administrator should consider whether a venture raises any canon law issues, especially regarding ecclesiastical and secular assets, approval by the local bishop or Holy See, and need for consultation. Other pertinent legal issues include: Fraud and abuse. The venture should not appear as compensation to induce referrals. Physician referrals. Many states prohibit or restrict referrals by physician participants. Antitrust law. Participants may be liable for actions constituting on antitrust violation. Securities low. Organizers must clarify Securities and Exchange Commission registration exemptions and observe state "blue sky" laws. Tax issues. Catholic health care facilities must consider such factors as tax-exempt status, unrelated business income, taxable subsidiaries, and public charity status. Other considerations include tax ramifications for physicians; tax shelter registration; certificate of need (CON), licensing, and building standards; effects on reimbursement and pension plans; organizational and bond documents; corporate medical practice and fee-splitting questions; and labor and contractual issues.
... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Applicable State law. 617.16 Section 617.16... law. (a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State— (1) In which the individual is entitled to UI (whether or...
Full Text Available The Principle of the plan revision or amendment Of the Criminal Law Act and LAW No. 8 of 1981 on the law of criminal procedure (Criminal Code is something that necessarily, because a number of judgments were not in accordance with the conditions of the present. Criminal Code which came into effect in 1915 during colonial times, many judgments which are not in line with people's lives today. For example, the ban showed, offering, or broadcast a preventive tool is pregnant, regulated in article 534 Criminal Code, although that provision had never been repealed as opposed to family planning programs. It's just that, those changes also should look at the reality of the needs of the community, particularly on corruption eradication efforts which should not be weakened. One of the crucial second revision of draft laws that are a number of provisions which could potentially undermine the spirit of the eradication of corruption, including the weakening of the authority of the corruption eradication Commission (KPK in dealing with corruption cases.
This volume presents the main address, the lectures and the discussions of the symposium. The papers presented to the symposium were the following: the Draft Convention on the Law of the Sea and problems of the international deep seabed regime; developments in science and technology, as a challenge to international law; modern fishery engineering and its impact on international law; the EEC agricultural market - a case study of European Law; problems of international law in connection with a new system of the world economy; the GATT and a new world economic system; the Third World and UNCTAD; international disaster relief and mutual assistance in case of accidents, especially with a view to Atomic Energy Law; organisation, scope and limits of international co-operation in the peaceful use of nuclear energy. (HSCH) [de
This book probes the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law, and the challenges posed by computing technologies traditional legal thinking and the regulation of human affairs.
Lando, Ole; Beale, Hugh
This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...
Guilherme Domingos de Luca; Lafayette Pozzoli
Examine in this study as a problem, the relationship of law and Fraternity as a promotional instrument of Human Dignity in Labour Law, pointing out the means by which positive law has constitutionalized the fundamental guarantees of man labor law. Understand the relationship of human labor versus the dignity of the human person, and the idea of fraternity as a promotional function. The research was based on bibliographic compared. The main object is to understand the role of the fraternity an...
White, Nigel D
This book provides a concise account of the principles and norms of international law applicable to the main-type of international organisation - the inter-governmental organisation (IGO). That law consists of principles and rules found in the founding documents of IGOs along with applicable principles and rules of international law. The book also identifies and analyses the law produced by IGOs, applied by them and, occasionally, enforced by them. There is a concentration upon the United Nations, as the paradigmatic IGO, not only upon the UN organisation headquartered in New York, but on other IGOs in the UN system (the specialised agencies such as the World Health Organisation).
de Kogel, C.H.; Schrama, W.M.; Smit, M.
The relationship between the brain and human behaviour is receiving increasing attention in legal practice. Much has already been published about the role of neuroscience in criminal law, but surprisingly little is known about its role in civil law. In this contribution, the relevance of
The current information age requires intellectual property laws to catch up with and proactively regulate unfolding technological realities. The dynamic advances in the domain of the Internet have thus necessitated corresponding changes in Ethiopias intellectual property legal regime including copyright laws in relation with ...
Author Guidelines. SUBMISSION GUIDELINES The following submissions are acceptable for publication upon approval by the Editorial Board. Publication of an ... and development of laws; Comments: Case comments that highlight and analyze issues, laws and their interpretation and application in case decisions or fact ...
Woerdman, Edwin; Roggenkamp, Martha; Holwerda, Marijn
This innovative textbook takes a broad approach to EU climate law and presents all available legal instruments to combat climate change, ranging from greenhouse gas emissions trading to the use of renewable energy sources and energy efficiency mechanisms. After providing a definition of climate law,
This study describes the process of change of environmental protection law taking place during an ecological crisis and unter the increasing pressure of the ecological movement. Special analyses refer to the reform of the licensing procedures and prodecures of dispute under environmental protection law today being in the focus of juridical discussion. Furthermore they refer to the juridical implementation of the fundamental right of life in an unspoiled and healthy environment. The volume ends with a study on ''Nuclear energy, law and justice'', - a subject being topical and important for its broad political consequences on environment, energy and economy. (orig.) [de
Ursula Miranda Bahiense de Lyra
Full Text Available This research aims to highlight the importance of literature in critical thinking about the law, coupled with the search for the emergence of an autonomous political subject and as a possibility of materialization of a new right . This shall be used , bibliographic research , seeking at first discuss the historical background of the "Law and Literature Moviment " to later approach the thought of Michel Foucault , their ideas about power, the constitution subjectivity , the ethical dimension of the subject and the care of itself, the Aufklärung and its conception of this new law.
This Ninth Edition, like its predecessors, will serve as the textbook for the Government Contract Law taught at the School of Systems and Logistics...drawn from Government Contract Law -Cases, 1987 edition, for a rounded approach to the subject. This edition of the text includes coverage of the...Government Contract Law complements the Federal Acquisition Regulation and provides a preventive law treatment for contracting personnel. While it may
van Alebeek, R.
* Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has
Academic law li braries are indispensable support for learning, research and general practice in the entire legal profession. This article sought to establish the level of usage students of Imo State University make of its law library and in particular, determine the leve l of organization of the resources, services available as well ...
Full Text Available The general rule in EU law is that value-added tax (VAT is to be levied on all goods and services. There are a number of exceptions, however, one of which applies to certain medical services. This paper examines the legal basis for tax exemptions in EU VAT law and in Swedish law, with particular attention to the extent to which the rapidly growing private health-care sector is covered by these tax exemptions.
Online dictionaries that assist users in writing legal texts in English as a foreign language are important lexicographic tools. They can help law students bridge the factual and linguistic gaps between the two legal universes involved. However, existing online law dictionaries with English...... as the target language primarily focus on terms, but students also need to write the remainder of the texts in factually and linguistically correct English. It is therefore important to have a sound theoretical foundation before embarking on a dictionary project that aims to help law students communicate...... in English as a foreign language. The function theory of lexicography offers an appropriate basis as it focuses on three key concepts: user needs, user competences, and user situations. It is proposed that online dictionaries should be designed to satisfy the lexicographically relevant user needs...
Klein, S. B.
Twenty states, the District of Columbia, and the Virgin Islands enacted erosion and sediment control legislation during the past decade to provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and/or urban lands. That legislation and the state programs developed to implement these laws are quoted and reviewed. The natural resource data requirements of each program are also extracted. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws. Laws which provides for legislative review of administrative regulations and LANDSAT applications and/or information systems that were involved in implementing or gathering data for a specific soil erosion and sediment control program are summarized as well as principal concerns affecting erosion and sediment control laws.
Meulen, van der B.M.J.; Velde, van der M.; Szajkowska, A.; Verbruggen, R.
This handbook analyses and explains the institutional, substantive and procedural elements of EU food law, taking the General Food Law as a focus point. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food through
Curriculum Review, 1979
Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)
Sage, William M; McIlhattan, Kelley
For the first time, entrepreneurs are aggressively developing new technologies and business models designed to improve individual and population health, not just to deliver specialized medical care. Consumers of these goods and services are not yet "patients"; they are simply people. As this sector of the health care industry expands, it is likely to require new forms of legal governance, which we term "upstream health law." © 2014 American Society of Law, Medicine & Ethics, Inc.
The paper discusses China's Renewable Energy Promotion Law which will come into force in January 2006. The law shows China's commitment to renewable energy sources. The target is to raise the country's energy consumption from renewables to 10% by 2020. Data for current capacity, and expected capacity by 2020, are given for wind power, solar power, biomass and hydroelectric power. The financial and technological hurdles which China must overcome are mentioned briefly
rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory...... developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally.......Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human...
Achmad Gusman Siswandi
Full Text Available ABSTRAK This book provides a thorough introduction to international law in a way that is rather unique compared to similar references. The subject matteris divided in a more concise way, while still giving rich perspective as it covers not only theories but also case studies and practices. This book consists of four parts, namely: the contexts of international law; international law and the state; techniques and arenas; and projects of international law.
The paper formulates and explores a hypothesis on three general energy transition laws: the law of stable long-term energy costs to income ratio; the law of improving energy quality; and the law of growing energy productivity. These laws are essential for shaping long-term projections and checking for their consistency. All three are rooted in amazingly stable in time and universal across countries energy costs to income ratios. Limited energy purchasing power sets up thresholds, which, if exceeded, bring asymmetry to energy demand to price elasticity. The author believes, that the theoretical postulate on the substantial substitution among production factors, which is used in the production functions theory, may be incorrect. In reality, innovations mainly lead to the substitution of a low-quality production factor with the same yet of a better-quality. Improving energy quality with stable costs to income ratio is accompanied by growing energy productivity. Energy costs to income thresholds are indicators allowing for better projections of oil prices
Grewe, Wilhelm G
A theoretical overview and detailed analysis of the history of international law from the Middle Ages through to the end of the twentieth century (updated from the 1984 German language edition). Wilhelm Grewe's "Epochen der Völkerrechtsgeschichte" is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Oxford University makes this important book available to non-German readers for the first time. "The Epochs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm Grewe and Michael Byers, updates the book to 1998, making the revised translation of interest ...
Ferreira, Iuri E P; Zocchi, Silvio S; Baron, Daniel
Reliable fertilizer recommendations depend on the correctness of the crop production models fitted to the data, but generally the crop models are built empirically, neglecting important physiological aspects related with response to fertilizers, or they are based in laws of plant mineral nutrition seen by many authors as conflicting theories: the Liebig's Law of the Minimum and Mitscherlich's Law of Diminishing Returns. We developed a new approach to modelling the crop response to fertilizers that reconcile these laws. In this study, the Liebig's Law is applied at the cellular level to explain plant production and, as a result, crop models compatible with the Law of Diminishing Returns are derived. Some classical crop models appear here as special cases of our methodology, and a new interpretation for Mitscherlich's Law is also provided. Copyright © 2017 Elsevier Inc. All rights reserved.
Various countries have reformed their secured transaction laws recognizing the significance of modern secured transactions law in enhancing access to credit and economic development. Ethiopia has not undertaken comprehensive secured transactions law reform, despite the demonstrable mismatch between the legal ...
Reports recent proceedings regarding a new law enacted in early 1981 in Arkansas which requires schools that teach evolution to teach what the law calls "creation-science." Opposition to the law by the American Civil Liberties Union is discussed. (CS)
This article deals with the law of radioactive decay (Rutherford-Sody's law) and the way to explain it to high-school or grammar-school students. The mathematical content of the law is recalled and its experimental validation is proposed through the study of the decay of a population of radon-220 atoms. The analysis of the experimental data is made easier by using software such as Generis, Regressi or even Excel
Curran, Douglas S
Fetal homicide laws criminalize killing a fetus largely to the same extent as killing any other human being. Historically, the common law did not generally recognize feticide as a crime, but this was because of the evidentiary "born-alive" rule, not because of the substantive understanding of the term "human being." As medicine and science have advanced, states have become increasingly willing to abandon this evidentiary rule and to criminalize feticide as homicide. Although most states have recognized the crime of fetal homicide, fourteen have not. This is largely the result of two independent obstacles: (judicial) adherence to the born-alive rule and (legislative) concern that fetal homicide laws could erode constitutionally protected reproductive rights. This Note explores a variety of fetal homicide laws that states have adopted, demonstrating that popular opinion has shifted toward recognizing this crime. It then directly confronts the objections that have prevented other states from adopting such laws: it first reviews the literature suggesting that the born-alive rule should be abandoned, as it is an obsolete evidentiary standard; it then argues that constitutionally protected reproductive liberties can be reconciled with, and in fact augmented by, punishing the killing of a fetus as a homicide.
Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.
In this paper we discuss an approach to the teaching of information technology law to higher education computing students that attempts to prepare them for professional computing practice. As information technology has become ubiquitous its interactions with the law have become more numerous. Information technology practitioners, and in particular…
In this paper I shall discuss the problem of cognition of laws of nature on the following different levels of understanding: (i) First level of understanding of laws of nature: the Greek Ideal of Science (ii) Second level: Space Time Invariance (iii) Third level: Dynamical Laws (iv) Fourth level: Statistical Laws (v) Fifth level: Laws and Causality (vi) Sixth level: Chaotic Motion (vii) Seventh level: Initial conditions and Constants of Nature
Bowett's Law of International Institutions is the leading introduction to this complex, important and growing area of international law, with increasing significance for developments at the national level. Covering all the major global, regional and judicial institutions and all international organisations that regulate aspects of development and providing an introductory overview of the law of international organisations, including international courts and tribunals as a whole. The book offers a basic framework, insights into some of the more essential issues, and indications of where to find more detail. Bowett's is essential reading for students of international law and international relations and will also be of considerable interest to lawyers practising in the area.
This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment.The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de
Full Text Available The subject of interest in this article is the importance of knowing and connecting medical ethics and medical law for the category of health workers. The author believes that knowledge of bioethics which as a discipline deals with the study of ethical issues and health care law as a legal discipline, as well as medical activity in general, result in the awareness of health professionals of human rights, and since the performance of activities of health workers is almost always linked to the question of life and death, then the lack of knowledge of basic legal acts would not be justified at all. The aim of the paper was to present the importance of medical ethics and medical law among the medical staff. A retrospective analysis of the medical literature available on the indexed base KOBSON for the period 2005-2010 was applied. Analysis of all work leads to the conclusion that the balance between ethical principles and knowledge of medical law, trust and cooperation between the two sides that appear over health care can be considered a goal that every health care worker should strive for. This study supports the attitude that lack of knowledge and non-compliance with the ethical principles and medical law when put together can only harm the health care worker. In a way, this is the message to health care professionals that there is a need for the adoption of ethical principles and knowledge of medical law, because the most important position of all health workers is their dedication to the patient as a primary objective and the starting point of ethics.
Tarasov, Vasily E.; Trujillo, Juan J.
Electric fields in non-local media with power-law spatial dispersion are discussed. Equations involving a fractional Laplacian in the Riesz form that describe the electric fields in such non-local media are studied. The generalizations of Coulomb’s law and Debye’s screening for power-law non-local media are characterized. We consider simple models with anomalous behavior of plasma-like media with power-law spatial dispersions. The suggested fractional differential models for these plasma-like media are discussed to describe non-local properties of power-law type. -- Highlights: •Plasma-like non-local media with power-law spatial dispersion. •Fractional differential equations for electric fields in the media. •The generalizations of Coulomb’s law and Debye’s screening for the media
Farber, D.A.; Peeters, Marjan; Farber, Daniel A.; Peeters, Marjan
As the chapters in this Encyclopedia demonstrate, climate law is a dynamic and multidisciplinary field, implicating many diverse fields of law at all levels from municipal planning through multinational treaties. The outlines of an emerging global law can be discerned, including shared principles
This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the
Costa-Cabral, Francisco; Lynskey, Orla
companies compete to acquire and process this data. This rivalry is subject to the application of competition law. However, personal data also has a dignitary dimension which is protected through data protection law and EU Charter rights to data protection and privacy.This paper maps the
Sergey M. Inshakov
Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.
This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin's version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of paradigms. The most important limitations--the possibilities of overruling and distinguishing paradigm norms--are similar in common law and in casuistry, or so it is argued. These limitations explain why casuistry is not necessarily overly conservative and conventional, which is one line of criticism to which casuists can now better respond. Another line of criticism has it that the very reasoning from case to case is extremely unclear in casuistry. I suggest a certain model of analogical reasoning to address this critique. All my suggestions to understand and to enhance casuistry make use of common law reasoning whilst remaining faithful to Jonsen and Toulmin's main ideas and commitments. Further developed along these lines, casuistry can appropriately be called "common law morality."
The teaching of medical ethics is not yet characterised by recognised, standard requirements for formal qualifications, training and experience; this is not surprising as the field is still relatively young and maturing. Under the broad issue of the requirements for teaching medical ethics are numerous more specific questions, one of which concerns whether medical ethics can be taught in isolation from considerations of the law, and vice versa. Ethics and law are cognate, though distinguishable, disciplines. In a practical, professional enterprise such as medicine, they cannot and should not be taught as separate subjects. One way of introducing students to the links and tensions between medical ethics and law is to consider the history of law via its natural and positive traditions. This encourages understanding of how medical practice is placed within the contexts of ethics and law in the pluralist societies in which most students will practise. Four examples of topics from medical ethics teaching are described to support this claim. Australasian medical ethics teachers have paid less attention to the role of law in their curricula than their United Kingdom counterparts. Questions like the one addressed here will help inform future deliberations concerning minimal requirements for teaching medical ethics.
S. Masribut Sardol
Full Text Available Article 1 paragraph (3 of the Constitution of 1945 (UUD 1945 stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J, have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011. How To Cite: Sardol, S. (2014. Human Rights Arrangement on Indonesian Law. Rechtsidee, 1(1, 85-100. doi:http://dx.doi.org/10.21070/jihr.v1i1.105
Civilian and common law judges differ substantially in their approach to the resolution of issues concerning bioethics and health sciences. Whereas the civilian judge will first take into account the legislative source, his common law counterpart will most probably first look at judicial precedents for guidance. In both systems, however, the legislative drafting technique differs substantially and has a direct impact on judicial interpretation of the law. Both systems also differ in the way that judicial decisions are drafted and rendered. In the common law tradition, judges draft their own opinion, leaving the possibility of dissent which, in turn, helps to better illustrate contentious issues and may have an influence on social awareness of difficult problems. Finally, in bioethics, legislation should be preferred if only for a question of social legitimacy, since decisions are then taken by elected representatives. However, this type of legislation should be subject to periodical review to better adapt its rules to the evolution of science and society.
Layek, G. C.; Sunita
We establish theoretically multitude scaling laws of a self-similar (statistical) axisymmetric turbulent wake. At infinite Reynolds number limit, the flow evolves as general power law and a new exponential law of streamwise distance, consistent with the criterion of equilibrium similarity hypothesis. We found power law scalings for components of the homogeneous dissipation rate (ɛ) obeying the non-Richardson-Kolmogorov cascade as ɛu˜ku3 /2/(l R elm ) , ɛv˜kv3 /2/l , kv˜ku/R el2 m, 0 stress, l is the local length scale, and Rel is the Reynolds number. The Richardson-Kolmogorov cascade corresponds to m = 0. For m ≈ 1, the power law agrees with non-equilibrium scaling laws observed in recent experiments of the axisymmetric wake. On the contrary, the exponential scaling law follows the above dissipation law with different regions of existence for power index m = 3. At finite Reynolds number with kinematic viscosity ν, scalings obey the dissipation laws ɛu ˜ νku/l2 and ɛv ˜ νkv/l2 with kv˜ku/R eln. The value of n is preferably 0 and 2. Different possibilities of scaling laws and symmetry breaking process are discussed at length.
In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics. (orig.) [de
In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...... Law by way of a code on Contracts. In both these regions however the absence of a code causes problems. In England a prominent writer has found that the major weakness of the judge-made law is its immense diffusion and the consequent difficulty of access to it and the Nordic countries face the same...
Full Text Available УДК 342.6The subject. Competence of government bodies and their officials in the sphere of application of the tax law is considered in the article.The purpose of research is to determine the ratio of tax enforcement and application of the tax law, as well as the relationship between the concepts “party of tax enforcement” and “participant of tax legal relations”.Main results and scope of their application. The circle of participants of tax legal relations is broader than the circle of parties of tax law enforcement. The participants of tax legal relations are simultaneously the subjects of tax law, because they realize their tax status when enter into the tax relationships. The tax and customs authorities are the undoubted parties of the tax law enforcement.Although the financial authorities at all levels of government are not mentioned by article 9 of the Tax Code of the Russian Federation as participants of tax relations, they are parties of tax enforcement, because they make the agreement for deferment or installment payment of regional and local taxes.Scope of application. Clarification of participants of tax legal relations and determination of their mutual responsibility is essential to effective law enforcement.Conclusion. It was concluded that the scope tax law enforcement is tax proceedings, not administrative proceedings, civil (arbitration proceedings or enforcement proceedings.The application of the tax law is carried out not only in the form of tax relations, but also in relations of other branches of law.
Meulen, van der B.M.J.
The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and
Gazzaniga, Michael S
Some of the implications for law of recent discoveries in neuroscience are considered in a new program established by the MacArthur Foundation. A group of neuroscientists, lawyers, philosophers, and jurists are examining issues in criminal law and, in particular, problems in responsibility and prediction and problems in legal decision making.
Discusses the language of law and its general interest to the field of applied linguistics. Specific focus is on legal language, the problems and remedies of legal communication (e.g., language and disadvantage before the law, improving legal communication) the legislation of language (e.g., language rights, language crimes), and forensic…
Nuclear law is still relevant and topical. The nuclear power phase-out in response to the nuclear accident of Fukushima and the turnaround in German energy policy raise new legal issues. In several lectures of practioners and scientists the 14th German Nuclear Law Symposium examined questions regarding the retrofitting of nuclear power plants, their decommissioning and disposal, the current developements in the European nuclear and radiation protection law and the search for a final nuclear waste repository. The nuclear law provides examples for central challenges of administrative law, such as the independence of authorities and the protection of third parties. The discussions between the almost 150 participants are documented in several reports.
Full Text Available Our article is part of a research to understand Uruguayan labour law through an analysis of the contradictions that arise between the rights and obligations derived from public law rules in the current stage where labour law is dispersed within the voluminous set of rules that conforms Uruguayan law. Our argument focuses particularly on the topic of the working hours that officers and public notaries invest whenever citizenship is convened to vote in the electoral polls, the most important act in a democracy. We hope this publication may arise a debate that contributes to the construction of new rules helping in the creation of a better labour law.
Van Sliedregt, E
In his recent review of Neil Boister's book, An Introduction to Transnational Criminal Law, Robert Currie praises the author for shedding light on a field of law that has suffered from inattention. Transnational criminal law (TCL), the 'other' branch of what was traditionally called international criminal law, has been overshadowed by international criminal law 'proper' (ICL). The establishment of international criminal tribunals after the end of the Cold War, culminating in the establishment...
Carlson, Kerstin Bree
criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...
Simplice A. Asongu
This paper assesses how legal origin influences financial development through regulation quality and the rule of law. It employs all the dimensions identified by the Financial Development and Structure Database of the World Bank. The law channels are instrumented with legal origins to account for financial intermediary dynamics of depth, efficiency, activity and size. The results broadly support the benefits of law mechanisms in financial development. The findings only show partial support fo...
Hesselink, M.W.; Twigg-Flesner, C.
This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories
Г. П. Бахчиванжи
Full Text Available History of the Departments of Theology, Ecclesiastical History and Ecclesiastical Law of Novorossiysk University as well as clarification of activities of professors who were the Heads of these Departments is the subject of the article. The objective of the research was to reveal the contribution to science these professors had made on basis of such material as “Records of Proceedings of the Board Meeting of Novorossiysk University”, “Teaching of Sciences at the Imperial Novorossiysk University Review” as well as the particular studies of the professors themselves. As a result of the research using the analytical approach generic aspects of existence of theological departments in educational structure of the University including the period of teaching the theological disciplines at the Richelieu Lycée were described. The basic legislative acts regulating the activity of such Departments were stated and the activity of such professors as Pavlovskiy M.K., Kudryavtsev A.N., Voytovskiy V.M., Klitin A.N., Krasnoseltsev N.F., Dobroklonskiy A.P., Almazov A.I., Pavlov F.S. who not only became the significant persons in the history of the University but also played the leading role in social and spiritual life of Odessa in general was elucidated. Such analysis of the activity of the representatives of religious education at Novorossiysk University provided an opportunity to conclude of the importance of the theological disciplines in educational structure of the University as it is them that are of great importance to the spiritual development of personality and society on the whole.
Thomas, R. Murray; Murray, Paul V.
Many children do not know enough about the law to make wise judgments about their behavior. Educational strategies for teaching about lawbreaking and its consequences are presented. Six laws commonly broken by young people are described, first in legal terms and then stated more simply. Case histories follow. (PP)
Full Text Available Any scientific intercession that has as objective, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and applying. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for the updating, in certain limits, the justice – naturalistic concepts in the law.
Abstract: The wide evolution of private international law is currently recalling attention to the general aspects of the discipline. Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should also deal with individual identities. To the extent that the European systems have hitherto offered to the application of foreign laws, we are faced with the problem of survival in Europe of an idea of the personality of laws. In fact it’s generally accepted that conflict of laws faces the individual identities of people involved in international relations. Cultural identity may be considered collective and individual at the same time, because each member of the group has an identity of its own. Religious values ontribute to defining the cultural identity of individuals: be it in Europe or other countries, cultures, values, civilization, religion, are never absent from the solutions of personal status. Stepping back from the analysis of some cases where religious values are relevant, this Article aims at a theoretical analysis of the subject, involving the contrast between value pluralism, conflict of laws and fundamental rights.
Hedley Bull, one of the founders of the School of International Society (English School) relies heavily on H.L.A. Hart in his understanding of law, including international law. The contribution seeks to explore 1) how Bull has creatively made use of Hart's Concept of Law, 2) on which points Hart'......'s theory has short comings, 3) on which additional points Bull's use of the concept of law has short comings, and 4) sketch of ideas how to improve the various short comings.......Hedley Bull, one of the founders of the School of International Society (English School) relies heavily on H.L.A. Hart in his understanding of law, including international law. The contribution seeks to explore 1) how Bull has creatively made use of Hart's Concept of Law, 2) on which points Hart...
.... When speaking of the "law of evidence" one does not refer to a single set of laws contained in a particular book; the law of evidence is to be found in the Constitution, statutes, court rules, court decisions, service regulations, scholarly writings, administrative decisions, and the common law.
.... Some topics discussed in this volume include interviewing and client counseling, preventive law programs, estate planning, family support, family law, separation agreements, consumers laws, income tax law, and a discussion of legislation such as the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses Protection Act.
... BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.909 Law enforcement records. (a) Law enforcement records and files... minor's parents or guardian, the presenting officer, or others by order of the children's court. ...
... 50 Wildlife and Fisheries 1 2010-10-01 2010-10-01 false Law enforcement offices. 10.22 Section 10... GENERAL PROVISIONS Addresses § 10.22 Law enforcement offices. Service law enforcement offices and their areas of responsibility follow. Mail should be addressed: “Assistant Regional Director, Division of Law...
... 49 Transportation 9 2010-10-01 2010-10-01 false Law enforcement personnel. 1542.217 Section 1542... Law enforcement personnel. (a) Each airport operator must ensure that law enforcement personnel used... the criminal laws of the State and local jurisdictions in which the airport is located— (1) A crime...
Mofsky, James S.
On the premise that corporate counsel must be an able diagnostician before he can focus on highly specialized and interrelated issues of business law, the author suggests an approach to corporate law curriculum in which the basic course balances the quality and quantity of material designed to create the needed sensitivity. (JT)
Cocco, Alberto; Masin, Sergio Cesare
Participants estimated the imagined elongation of a spring while they were imagining that a load was stretching the spring. This elongation turned out to be a multiplicative function of spring length and load weight--a cognitive law analogous to Hooke's law of elasticity. Participants also estimated the total imagined elongation of springs joined…
Within the limits of law and process, the lawyer's concern must be the client's cause, not his own agenda. Effective legal representation requires objectivity. The lawyer's role is to counsel legality, not morality, and the law school's responsibility is to teach law, not moral obligation. (MSE)
Many contemporary theories approach international law-making with a shift in emphasis from the sources of law towards the communicative practices in which a plethora of actors use, claim and speak international law. Whereas earlier approaches would look at the sources as the singular moment of
Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel
In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such
In practice, legal ruling and its technical implementation stand isolated side by side. Taking the example of atomic energy law, the reasons for this situation and the significance of the deficit in the legal control of technology are examined. It is discussed how the controlling capacity of the law can be increased through the legal implementation of safety philosophies for technology. The paper deals with the problematic realtionship between technical and legal norms, with safety philosophies in the sense of mental approaches, safety concepts or safety postulates and their legal significance, and with the safety philosophy adhered to by the authorities and courts. The following learning processes in safety philosophy are described: new concepts of protection within the field of determinism, probabilistic safety concepts as well as concepts for the reduction of damage potential. Altogether it can be stated that the safety philosophy currently adhered to in Federal German licensing practice is not the only possible one; rather, that there are many different ways of conceptualizing, stipulating and checking technical safety. At least in the field of atomic energy law, this insight has a twofold significance: de lege lata there are several ways of operationalizing the licence requirements laid down in Article 7 of the Atomic Energy Law and the legally defined requirements for a licence withdrawal with the aid of technical licensing criteria. In all cases the legal wording is indeterminate and does not prescribe any specific safety philosophy. De lege ferenda it must be noted that amendments to the Atomic Energy Law entail a regularization of safety philosophy. This is a political necessity if the Atomic Energy Law is to be developed further and thus maintained as a modern security law. (orig.) [de
Rafiqa Qurrata A'yun
Full Text Available It is no doubt that the law has a tight relation with the language. We can see how language works in law since it comes from the idea, being enacted, and enforced. That is why language has a significant role along the legal process. This article will review the book written by Ab Massier which assumes at least three aspect of linguistic job in law: doing law is acting by means of language into a lingual activity, which is based on texts, and is resulting in texts. The main issue in this book is based on the problems of Indonesian language of the law which has replaced the Dutch language. Massier criticize instrumental approach to language and the impact of Dutch in Indonesian law language. His analysis refers to James Boyd White's statement about a translation of authoritative texts as the primary feature to define law itself. It is the perspective of doing law as a lingual activity that consists of communicating, speaking, and writing. Almost all legal processes produce texts, and therefore the text means the authority of the law.
Chakrabarty, Arijit; Meerschaert, Mark M.
Stable laws can be tempered by modifying the L\\'evy measure to cool the probability of large jumps. Tempered stable laws retain their signature power law behavior at infinity, and infinite divisibility. This paper develops random walk models that converge to a tempered stable law under a triangular array scheme. Since tempered stable laws and processes are useful in statistical physics, these random walk models can provide a basic physical model for the underlying physical phenomena.
Regner, M; Sabatowski, R
Medical Devices Law is a relatively new legal system, which has replaced the Medical Devices Regulations still well-known in Germany. German Medical Devices Law is based on European directives, which are, in turn, incorporated into national law by the Medical Devices Act. The Medical Devices Act is a framework law and covers a number of regulations that address specific topics within Medical Devices Law. In turn, in individual regulations, reference is made to guidelines, recommendations, etc. from other sources that provide detailed technical information on specific topics. Medical Devices Law is a very complex legal system, which needs to be permanently observed due to constant updating and adjustment. In the current article, the design and the structure of the system will be described, but special emphasis will be laid on important problem areas that need to be considered when applying and operating medical products, in this case by pain therapists in particular.
Drafting new national nuclear laws and reviewing existing laws and regulations requires extensive and specialized expertise. For many countries this represents a significant challenge. The IAEA's legislative assistance programme was established to help Member States adopt adequate national nuclear legislation. In 2003, the legistlative assistance programme published the Handbook on Nuclear Law. The reference text provides a fundamental understanding of the key elements and principles of national nuclear legislation. The Handbook is widely utilized by Member States, industry and experts. A second volume of the Handbook was released during the IAEA's 54th General Conference, which convened in Vienna from 20 to 24 September 2010.
This pocketbook contains major federal regulation on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environments law is devided as follows: Constitutional law on the environment. Common administative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters waste management, protection against nuisances, nuclear energy are radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. The transitional provisons required for estaslishing the unified Germany are given in an annex. (orig.) [de
... 49 Transportation 5 2010-10-01 2010-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations...
... NAVIGATION RULES ANNEX V: PILOT RULES § 88.11 Law enforcement vessels. (a) Law enforcement vessels may display a flashing blue light when engaged in direct law enforcement or public safety activities. This... lights. (b) The blue light described in this section may be displayed by law enforcement vessels of the...
Helberger, N.; Guibault, L.
Purpose - This article seeks to deal with the fundamental conceptual differences between consumer law and copyright law that render the application of consumer law to copyright-law related conflicts difficult. Design/methodology/approach - Following a normative approach to copyright and consumer law
Among the problems that still need to be solved before autonomous vehicles can fully autonomously participate in traffic is the one of making them respect the traffic laws. This paper discusses this problem by way of a case study of Dutch traffic law. First it is discussed to what extent Dutch
Kraakman, Reinier H.; Armour, John; Hansmann, Henry
This article is the first chapter of the second edition of The Anatomy of Corporate Law: A Comparative and Functional Approach, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of corporate (or company) law in Europe, the U.S., and Japan. Its organization reflects the structure of corporate law across all jurisdictions, while ...
Regulatory competition in company law has been extensively debated in the last few decades, but it has rarely been discussed whether there could also be regulatory competition in partnership law. This article fills this gap. It addresses the partnership law of the US, the UK, Germany, and France, and presents empirical data on the different types of partnerships and companies established in these jurisdictions. The main focus is on the use of a limited liability partnership (LLP) outside its ...
Understanding law as a tale of identity, indentity includes what we ought as much as what we are. Criticism of law and literature of seing literature as having precende over law which is a mere technicality. Different human rights consceptions in Denmark compared to Europe equal diffent identities....
The US does not have courts specializing in administrative law disputes. Ordinary ... The US Constitution is supreme in relation to any other law. Because of ..... administrative law, social and economic progress promoted by legislation was opposed ... Atiyah, P. S. & Summers, Robert S. (1987), Form and substance in Anglo.
Reinhard Zimmermann and Simon Whittaker, Good Faith in European Contract Law, pp 720, ISBN 0 521 77190 0, Cambridge University Press, Cambridge 2000. This is the first publication resulting from the Trento Common Core of European Private Law project. It analyses the law relating to good faith in
Jones, Thomas N., Ed.; Semler, Darel P., Ed.
A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…
Ahjond S. Garmestani
Full Text Available Law plays an essential role in shaping natural resource and environmental policy, but unfortunately, many environmental laws were developed around the prevailing scientific understanding that there was a "balance of nature" that could be managed and sustained. This view assumes that natural resource managers have the capacity to predict the behavior of ecological systems, know what its important functional components are, and successfully predict the outcome of management interventions. This paper takes on this problem by summarizing and synthesizing the contributions to this Special Feature (Law and Social-Ecological Resilience, Part I: Contributions from Resilience 2011, focusing on the interaction of law and social-ecological resilience, and then offering recommendations for the integration of law and social-ecological resilience.
The author surveys the planning law in the Federal Republic of Germany. He deals with general regulations of the administrative procedure and land-use planning procedure and the main special rules of planning law, according to the Atomic Energy Act, the Nuclear Installation Ordinance and the Federal Act on the Protection against Nuisances. (WG) [de
In the report on the base of conducted experiments the conclusion about necessity of Avogadro law elaboration is made. It is suggested to add to existing formulation of the law 'In equal volumes of gases at similar pressure and temperature there are equal molecules number' - the elaboration 'and at same spectral content of heat sources'
In this publication, the editors present the first comparative overview of expropriation law in Europe covering 15 different jurisdictions. For many of the countries represented, this publication is the first English-language description of their national expropriation law. This survey provides a lot of information for all practitioners in the field of expropriation of land.
Zhang, Bingzhan; Zhen, Shengchao; Zhao, Han; Huang, Kang; Deng, Bin; Chen, Ye-Hwa
The Udwadia–Kalaba equation is a simple, aesthetic, and thought-provoking description of the world at a very fundamental level. It is about the way systems move. In this paper, we creatively apply the Udwadia–Kalaba approach to study heavenly bodies’ movements (especially on Kepler’s law and the inverse square law of gravitation). In an alternative way, we show that a heavenly body’s motion orbit can be an ellipse, a circle, a hyperbola, or a parabola and show the conservation of angular momentum. Furthermore, by applying the Udwadia–Kalaba approach, we use the constraint of motion orbit (ellipse, circle, hyperbola, or parabola) and the conservation of angular momentum constraint (or energy conservation constraint) and easily verify that any heavenly body’s motion complies with the inverse square law of gravitation. That is, we study Kepler’s law and Newton’s inverse square law in an analytical way, which makes the dynamicist more clear about the way heavenly bodies move and also makes the celestial mechanician more clear about the analytical mechanics (the Udwadia–Kalaba approach). Furthermore, for the students of dynamics and celestial physics, a different unique perspective is provided for them to study. At the end, we present the detailed process of applying the Udwadia–Kalaba approach to two imaginary cases to show its simplicity and efficiency. (paper)
Ana Carolina Ibarra
Full Text Available Through the figure of Manuel Sabino Crespo, who collaborated with the government Morelos set up in Oaxaca and later joined the insurgent cause; this paper seeks to understand the life of a parish priest in Southern Mexico and the scope of his intellectual training. Thanks to information obtained from local and private ecclesiastical libraries, and especially from the reports of Crespo's participation found in the proceedings of the cathedral chapter, we can know the sources and arguments with which the rebels defended their ideas regarding ecclesiastical matters.
Full Text Available In Rome, legal status of woman and her factual possibilities of impact on public life were in serious discrepancy. General attitude of the legal status of woman in time of Romans is best shown by Papinian, 'In many provisions of our law, the position of woman is worse than of man (D.9.1.5.'. Every free Roman woman was considered a subject of law, according to classical Roman law. Nevertheless, there were extensive legislations that limited her legal and business capacity. Naturally, woman did not have legal personality in all periods of Roman state and her legal status was adjusted to the factual changes that had occurred in Roman society. What makes her position specific in Rome is progressive social role that did not exist in Greek-Asian world. From these previously mentioned views, which were confronting, it is possible to draw some doubts. Was woman really on the margins of political happenings, or was she an actual actor, even initiator, of some political events?.
Women's Bureau (DOL), Washington, DC.
This report describes the applicable laws regarding sex discrimination in employment. In addition to Federal law and two relevant Executive Orders, the report includes 21 state laws and the District of Columbia's law prohibiting discrimination based on sex. This document is a revision of ED 014 611. (BH)
Shevock, Daniel J.
This essay extends an open philosophy with a philosophy of music education on soil. An open philosophy emerges from analysis of Kafka's parable "Before the Law." I explore what "the law" might be, what it could mean for how people relate to "the law," and how critiquing "the law" allows music teachers and…
Cheng, W.; Samtaney, Ravi
The debate whether the mean streamwise velocity in wall-bounded turbulent flows obeys a log-law or a power-law scaling originated over two decades ago, and continues to ferment in recent years. As experiments and direct numerical simulation can
This book contains the basic documents about environmental laws and related documents approved in the world and in the Slovak Republic. The system of the environmental laws and organizations in the world and in the Slovak Republic are reviewed. A review of a selected environmental laws of the Slovak Republic are included. The significant world acts (declarations, charters and other documents) are reviewed
... 7 Agriculture 12 2010-01-01 2010-01-01 false Applicable law. 1900.102 Section 1900.102 Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE... GENERAL Applicability of Federal Law § 1900.102 Applicable law. Loans made by FmHA or its successor agency...
Meulen, van der B.M.J.
This contribution lays bare the structure of EU food law as it appears from scholarly analysis at Wageningen University in the Netherlands. The structure of EU food law can be used as a framework for teaching, application, further analysis and comparison to food law approaches in other parts of the
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 204.43 Section 204.43 Foreign Relations AGENCY FOR INTERNATIONAL DEVELOPMENT HOUSING GUARANTY STANDARD TERMS AND CONDITIONS Administration § 204.43 Governing law. This Guaranty shall be governed by and construed in accordance with the laws of...
... 49 Transportation 1 2010-10-01 2010-10-01 false Antitrust laws. 95.13 Section 95.13 Transportation Office of the Secretary of Transportation ADVISORY COMMITTEES § 95.13 Antitrust laws. The activities of advisory committees are subject to the antitrust laws and committee members are not immune from prosecution...
... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Common-law employee. 404.1007 Section 404... Common-law employee. (a) General. The common-law rules on employer-employee status are the basic test for.... Even though you are considered self-employed under the common-law rules, you may still be an employee...
Christopher J. Wynveen; Robert D. Bixler; William E. Hammitt
It is widely accepted that criminal activity negatively impacts visitors? recreation experiences in the nation?s parks and forests (Fletcher 1983). To further understand how law enforcement can effectively manage criminal activity in protected areas, this study was designed to describe law enforcement and non-law enforcement rangers? perceptions of a range of law...
Consequences of the application of Schuster's law to black holes are investigated. It is shown that Schuster's law can reduce the intrinsic angular momentum of a collapsing body. The possibility is supposed that Schuster's law provides the general mechanism required by the cosmic censorship hypothesis which is taken seriously as a fundamental law of nature
Items 1 - 21 of 21 ... Archives: Mizan Law Review. Journal Home > Archives: Mizan Law Review. Log in or Register to get access to full text downloads. Username, Password, Remember me, or Register · Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives. 1 - 21 of 21 Items. 2017. Vol 11, No 2 ...
Desmoulin-Canselier, Sonia; Lacour, Stéphanie
Law and nanotechnology form a vast subject. The aim here will be to examine them from the societal standpoint of nanoethics, if necessary without due reference to the work that has been undertaken. For while law differs from ethics, as we shall attempt to explain throughout this reflection, it must also be studied in its relationship with social realities.
The conflicting interests of administrative law and criminal law give rise to a number of burdensome conditions to be met by the operators of nuclear plants. Of course, it is one of the peculiarities of criminal law that nobody can decide for himself whether he wants to become involved in it. There is probably no other choice than meeting, with a good blend of composure and cleverness, the criteria now surrounding the operation of a nuclear facility. (orig.) [de
Mahdi, Adam; Ferragut, Antoni; Valls, Claudia
We study the existence of linear and nonlinear conservation laws in biochemical reaction networks with mass-action kinetics. It is straightforward to compute the linear conservation laws as they are related to the left null-space of the stoichiometry matrix. The nonlinear conservation laws...... are difficult to identify and have rarely been considered in the context of mass-action reaction networks. Here, using the Darboux theory of integrability, we provide necessary structural (i.e., parameterindependent) conditions on a reaction network to guarantee the existence of nonlinear conservation laws...
John Gava, Reader at Adelaide Law School, considers the question how should judges decide commercial cases, in particular, contract cases? He looks at the circumstances and impact of the use of contract law, with attention on common law contract and market needs. Published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, Un...
Pritchard, D.E.; Smith, N.; Driver, R.D.; Brunner, T.A.
We have applied a new scaling law to several sets of rotational energy transfer cross sections. The new law asserts that the square of the T-matrix depends on the amount of energy transferred as a power law. Two different kinds of angular momentum statistics are assumed, one corresponding to m/sub j/ being conserved and the other corresponding to m/sub j/ being completely randomized. Numerical fits are presented which demonstrate that the data follow the power law better than the widely used exponential gap law
André Olavo Leite
The Romano-Germanic family of legal systems, also known as the family of civil law, comprehends the group of legal systems that traditionally trace their roots up to the Roman law and the Justinian codifications, and that identify themselves as heirs of several of its characteristics. This paper analyses the example of French law, in order to draw on the permanence of Roman law in the contemporary legal systems of the Romano-Germanic family of rights and to show that its reception in those le...
Full Text Available The article is devoted to an important problem in the relations between the Patriarchates of Moscow and Constantinople at the beginning of the 21st century. The author provides a complex analysis of the infl uence exercised by the ecclesiastical crisis in the Ukraine on the relations between Moscow, Phanar and Kiev. Special attention is paid to the activities of non-recognized Ukrainian ecclesiastical structures and their attempts to join the Orthodox world by way of obtaining recognition on the part of the Church of Constantinople. Their frequent joint meetings held at Phanar proved fruitless; however, they were quite illustrative as to the double standards of the Ecumenical Patriarchate in its policies towards the ecclesiastical schisms in the Ukraine. An important role here,according to the author, was played by the Ukrainian civil authorities, although the relations between Church and state as well as the events of the internal ecclesiastical life in the Ukraine (such as the attempted dialogue between the Ukrainian Autonomous Orthodox Church and the Ukrainian Orthodox Church of the Patriarchate of Kiev are left outside the framework of the present research; facts concerning these areas are cited only when they contribute to the understanding of the processes under analysis. Proceeding from the data of Russian and Ukrainian ecclesiastical periodicals, the author maintains that the problem of the religious life in the Ukraine has long ago overstepped the boundaries of a “local confl ict” and that the “Ukrainian question” plays the part of a powerful catalyst in the inter-Orthodox relations. The Patriarchate of Moscow aims at preserving its status in the Orthodox world. As for the Patriarchate of Constantinople, it keeps voicing certain claims at strengthening its position as primus inter pares among the Orthodox Patriarchates, dreams about convening a new “Ecumenical Council” and puts the Ukraine at stake in its relations with
Full Text Available Legal indeterminacy comes in a variety of forms identified here as: (i general legal indeterminacy; (ii factual indeterminacy; and (iii Mach/Feyerabend factual indeterminacy. The concept of general “legal indeterminacy” refers to problems in legal interpretation and has been extensively studied. “Factual indeterminacy” refers to the indeterminacy of facts as a matter of tax law when derived from separately indeterminate fields of law. “Mach/ Feyerabend factual indeterminacy” refers to fact words as derived from legal theory which provide the content for legal interpretation. The “facts” in tax law are not transcendent to law; in addition, the “fact” words of tax law cannot be simply imported from the field of economics. The incremental question of the origins of theory (as discussed by Karl Popper and Albert Einstein is also analyzed here. The theory of tax law originates with “sympathy with experience” or “intellectual love” (tr. Einfühlung of tax law by lawyers as reflected in the special heuristics and practices of the profession. Legal theory accordingly functions in similar fashion to scientific theory where a particular legal theory can be falsified (qua Popper or understood in pluralistic terms by incorporating auxiliary ideas.
... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a...
Doctor, Tyrus L.
Educational law is a critical piece of the education conundrum. Principals reference law books on a daily basis in order to address the wide range of complex problems in the school system. A principal's knowledge of law issues and legal decision-making are essential to provide effective feedback for a successful school.
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 221.43 Section 221.43 Foreign... Administration § 221.43 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the United...
... 32 National Defense 3 2010-07-01 2010-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...
Odegaard, Charles E.
Arguing that law is too large and too important a subject to be left to the law school, the author calls for changes, including an end to isolationist tendencies of the law school, so that the university can address itself to the problem of justice, its definition and implementation in society. (JT)
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Choice of law. 1260.59 Section 1260.59... Special Conditions § 1260.59 Choice of law. Choice of Law October 2000 The rights and obligations of the parties to the grant (or cooperative agreement) shall be ascertainable by recourse to the laws of the...
... Law Judge to conduct a hearing in cases under 22 U.S.C. 4115, and such other matters as may be... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Administrative law judge. 1421.8 Section 1421.8... TERMS AS USED IN THIS SUBCHAPTER § 1421.8 Administrative law judge. Administrative law judge means the...
Dorresteijn, Adriaan; Teichmann, Christoph; Werlauff, Erik
, and the United Kingdom are taken into account; Italy is now included in this new edition. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located...... initiatives in such aspects of the corporate environment as regulation of financial institutions and non-financial reporting obligations with a view to sustainability and other social responsibility concerns. The authors, all leading experts in European corporate law, describe current and emerging trends...
The Federal Law Catalogue and relevant sources - BGBl. III - is the basis of the source index A, which from 1st January 1966 onwards publishes the sources of laws and statutes announced in the Federal Law Gazette, part I and part II, as well as in the Federal Gazette. The source index A covers the sources of all statutes and amendments since 1st January 1964. Official directives, however, are not always announced in the Federal Law Gazette, or in the promulgation section of the Federal Gazette, but rather in the official journals of the Federal Ministries, and in the announcement section of the Federal Gazette. This also applies to amendments or cancellations of directives first published in the Federal Law Gazette or in the promulgation section of the Federal Gazette. As the latter and the official journals on the ministries are not scanned for the source index A, there is no guarantee as to complete coverage of directives. Subject scope 75 covers acts and directives relating to mining, nuclear energy, electricity, gas and power supply. (orig.) [de
... 7 Agriculture 6 2010-01-01 2010-01-01 false Non-Federal law enforcement. 501.14 Section 501.14...-Federal law enforcement. Research Center special policemen may be deputized by State or local law... State or local law enforcement agency, the facilities or services of such State or local law enforcement...
Tolle, Charles R.; Budzien, Joanne L.; LaViolette, Randall A.
Data compiled from a variety of sources follow Benford's law, which gives a monotonically decreasing distribution of the first digit (1 through 9). We examine the frequency of the first digit of the coordinates of the trajectories generated by some common dynamical systems. One-dimensional cellular automata fulfill the expectation that the frequency of the first digit is uniform. The molecular dynamics of fluids, on the other hand, provides trajectories that follow Benford's law. Finally, three chaotic systems are considered: Lorenz, Henon, and Roessler. The Lorenz system generates trajectories that follow Benford's law. The Henon system generates trajectories that resemble neither the uniform distribution nor Benford's law. Finally, the Roessler system generates trajectories that follow the uniform distribution for some parameters choices, and Benford's law for others. (c) 2000 American Institute of Physics
MacQueen, Hector; Laurie, Graeme; Brown, Abbe
Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law, unrivalled amongst IP textbooks available today. Beyond providing an up-to-date account of intellectual property law, the text examines the complex policies that inform and guide modern IP law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader.
The inverse square law of gravitation is very well established over the distances of celestial mechanics, while in electrostatics the law has been shown to be followed to very high precision. However, it is only within the last century that any laboratory experiments have been made to test the inverse square law for gravitation, and all but one has been carried out in the last ten years. At the same time, there has been considerable interest in the possibility of deviations from the inverse square law, either because of a possible bearing on unified theories of forces, including gravitation or, most recently, because of a possible additional fifth force of nature. In this article the various lines of evidence for the inverse square law are summarized, with emphasis upon the recent laboratory experiments. (author)
Waelde, Charlotte; Kheria, Smita; Cornwell, Jane
Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader.
Goff, John Eric
Conceptual and quantitative difficulties surrounding Newton's second law often arise among introductory physics students. Simply turning around how one expresses Newton's second law may assist students in their understanding of a deceptively simple-looking equation.
The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de
Goslin, Kimberly G.
This article asserts that curricula, a living text, ought to take into consideration the virtues of fairness, justice, and integrity as found in law, in order to judge controversial issues of curriculum. This assertion is argued through a comparison of jurisprudence and pedagogy, as well as law and curricula. Dworkin's (1986) contention of "law as…
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 230.16 Section 230.16 Foreign... SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States of...
The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....
Font-Clos, Francesc; Corral, Álvaro; Boleda, Gemma
The dependence on text length of the statistical properties of word occurrences has long been considered a severe limitation on the usefulness of quantitative linguistics. We propose a simple scaling form for the distribution of absolute word frequencies that brings to light the robustness of this distribution as text grows. In this way, the shape of the distribution is always the same, and it is only a scale parameter that increases (linearly) with text length. By analyzing very long novels we show that this behavior holds both for raw, unlemmatized texts and for lemmatized texts. In the latter case, the distribution of frequencies is well approximated by a double power law, maintaining the Zipf's exponent value γ ≃ 2 for large frequencies but yielding a smaller exponent in the low-frequency regime. The growth of the distribution with text length allows us to estimate the size of the vocabulary at each step and to propose a generic alternative to Heaps' law, which turns out to be intimately connected to the distribution of frequencies, thanks to its scaling behavior. (paper)
Artiklen redegør for aktuel kinesisk religionsret, sammenstiller den med internationale religionsretlige grundbegreber og anvender dette empiriske materiale til en reflektion over begreberne Rule of Law vs Rule by Law......Artiklen redegør for aktuel kinesisk religionsret, sammenstiller den med internationale religionsretlige grundbegreber og anvender dette empiriske materiale til en reflektion over begreberne Rule of Law vs Rule by Law...
... Administrative Law Judge to conduct a hearing in cases under 5 U.S.C. 7120 or 22 U.S.C. 4117 as implemented by... 29 Labor 2 2010-07-01 2010-07-01 false Administrative Law Judge. 457.17 Section 457.17 Labor... GENERAL Meaning of Terms as Used in This Chapter § 457.17 Administrative Law Judge. Administrative Law...
While accepted in theory and practice that an obligation to supply, ser-vice or license can emerge under competition law, the scope of this is subject to many, if not lacunas, at least ambiguities, and no general ob-li¬gations of such nature can, no should, be identified. Further, and equally...... important, the narrow set of circumstances warranting inter-vention against refusals is defined by competition law in accordance with its underlying principles of a predominantly economic nature. Hence, competition law should not be relied upon as a corrective in-strument to lacunas in other areas of law, e.......g. compulsory licenses un-der IP law. Below, some considerations regarding the obligation to supply under competition law are offered for the purpose of correcting the misunderstandings....
Yor Alexander Casas Villamizar
Full Text Available This article shows the way Law 54 of 1990 defined common-law marriage in Colombia. Legally, common-law marriage is a way to constitute a family through natural ties. This family is expressed in the Superior Statute, which establishes this union as the essential core of the society, acquiring integral quality within the social state of law and forcing the State and the society to protect it as a legal right by means of the Criminal Law. Incest –understood as carnal knowledge or other sexual act with a predecessor, descendant, adoptive parent, or sibling– destabilizes and imperils the family institution. Common-law marriages composed by incestuous relatives are a punishable behavior and not a marital estate.
Pfirsch, D.; Duechs, D.F.
A number of statistical implications of empirical scaling laws in form of power products obtained by linear regression are analysed. The sensitivity of the error against a change of exponents is described by a sensitivity factor and the uncertainty of predictions by a ''range of predictions factor''. Inner relations in the statistical material is discussed, as well as the consequences of discarding variables.A recipe is given for the computations to be done. The whole is exemplified by considering scaling laws for the electron energy confinement time of ohmically heated tokamak plasmas. (author)
The International Bar Association's Section on Energy and Natural Resources Law selected eight key topics for discussion at their ninth seminar in the Netherlands in 1990. Only two papers specifically related to nuclear power and these were within the topic of environmental issues facing the energy industries. Both papers dealt with the legal aspects of nuclear plants sited near national borders and covered international law and the need for standardized regulations and agreements on issues such as environmental impacts, safety, radiological protection, public information and emergency plans in case of accidents. (UK)
... 25 Indians 1 2010-04-01 2010-04-01 false Law enforcement officer's duties. 11.1003 Section 11.1003 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Juvenile Offender Procedure § 11.1003 Law enforcement officer's duties. A law enforcement officer who takes a minor into...
... 42 Public Health 3 2010-10-01 2010-10-01 false Relationship to State law. 422.378 Section 422.378... Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to the... licensed under State law; (ii) Generally apply to other MA organizations and plans in the State; and (iii...
The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de
Earth Data Analysis Center, University of New Mexico — Law Enforcement Locations Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law Enforcement agencies "are publicly...
Azbel', Mark Ya.
Well-protected human and laboratory animal populations with abundant resources are evolutionarily unprecedented. Physical approach, which takes advantage of their extensively quantified mortality, establishes that its dominant fraction yields the exact law, which is universal for all animals from yeast to humans. Singularities of the law demonstrate new kinds of stepwise adaptation. The law proves that universal mortality is an evolutionary by-product, which at any given age is reversible, independent of previous life history, and disposable. Life expectancy may be extended, arguably to immortality, by minor biological amendments in the animals. Indeed, in nematodes with a small number of perturbed genes and tissues it increased 6-fold (to 430 years in human terms), with no apparent loss in health and vitality. The law relates universal mortality to specific processes in cells and their genetic regulation.
Full Text Available The european law prohibit direct and indirect discrimination and harrasment on grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. The question is what is the situation when someone is discriminated on can claim to be the victim of unlawful discrimination because he or she is associated with another person who has the protected characteristic. The the Court of Justice of the European Union’s judgment in Coleman v Attridge Law and Steve Law confirms, for the first time in European law, the existence of the concept of discrimination by association. In this article I examine the implications of this case on all conceps of discrimination concepts of discrimination in European law (direct discrimination, indirect discrimination and harassment. I also examine the application of discrimination by association to grounds other than disability.
Rahman, Ahmad Saufi Abdul
Consumer Credit is a branch of Commercial Law, which has been developing in recent years inMalaysia. The purpose of this paper is to summarize the latest amendments in the consumer credit laws inMalaysia and to highlight its significance. The discussion will be limited to the three most important laws ofconsumer credit in Malaysia: the hire-purchase, money lending and pawn broking laws.
Inertial-range scaling laws for two- and three-dimensional turbulence are re-examined within a unified framework. A new correction to Kolmogorov's k -5/3 scaling is derived for the energy inertial range. A related modification is found to Kraichnan's logarithmically corrected two-dimensional enstrophy cascade law that removes its unexpected divergence at the injection wavenumber. The significance of these corrections is illustrated with steady-state energy spectra from recent high-resolution closure computations. The results also underscore the asymptotic nature of inertial-range scaling laws. Implications for conventional numerical simulations are discussed
Garmestani, Ahjond S.; Allen, Craig R.
Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, “resilience theory,” which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.
Craven, Matthew; Vogiatzi, Maria
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or unders
Miller, Steven J
Benford's law states that the leading digits of many data sets are not uniformly distributed from one through nine, but rather exhibit a profound bias. This bias is evident in everything from electricity bills and street addresses to stock prices, population numbers, mortality rates, and the lengths of rivers. Here, Steven Miller brings together many of the world's leading experts on Benford's law to demonstrate the many useful techniques that arise from the law, show how truly multidisciplinary it is, and encourage collaboration. Beginning with the general theory, the contributors explain t
This essay, prepared as part of a Symposium on teaching intellectual property law, describes a method of combining substantive law teaching with a species of what is commonly called "skills" training. The method involves assessing students not via traditional final exams but instead via research memos patterned after assignments that junior lawyers might encounter in actual legal practice. The essay grounds the method in the theoretical disposition known generally as "writing to learn." It ar...
Abstract: The author's hypothesis is that modern legal theories view law solely from the standpoint of ruling class or, in Hartian language, from the external point of view. Why? In sume because legal philosophers have implicitly accepted law as the exclusive domain of government and partisan politics. This approach, however, has been disrupted by poststructuralist political developments, which serve as a powerful impetus to modify prevailing concepts. This analysis begins with Benjamín Ardit...
In this position paper I discuss to what extent current and past AI & law research is relevant for research on autonomous intelligent systems that exhibit legally relevant behaviour. After a brief review of the history of AI & law, I will compare the problems faced by autonomous intelligent systems
David D. Friedman; William M. Landes; Richard A. Posner
Despite the practical importance of trade secrets to the business community, the law of trade secrets is a neglected orphan in economic analysis. This paper sketches an approach to the economics of trade secret law that connects it more closely both to other areas of intellectual property and to broader issues in the positive economic theory of the common law.
Valcore, Jace L
Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.
Full Text Available Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.
... Federal law preempt deposit-related State laws? (a) Under sections 4(a), 5(a), and 5(b) of the HOLA, 12 U... purposes of HOLA. (b) To further these purposes without undue regulatory duplication and burden, OTS hereby...
Describes the bijural program of McGill University Faculty of Law. The program educates all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)
Ibragimov, N Kh; Avdonina, E D
The method of nonlinear self-adjointness, which was recently developed by the first author, gives a generalization of Noether's theorem. This new method significantly extends approaches to constructing conservation laws associated with symmetries, since it does not require the existence of a Lagrangian. In particular, it can be applied to any linear equations and any nonlinear equations that possess at least one local conservation law. The present paper provides a brief survey of results on conservation laws which have been obtained by this method and published mostly in recent preprints of the authors, along with a method for constructing exact solutions of systems of partial differential equations with the use of conservation laws. In most cases the solutions obtained by the method of conservation laws cannot be found as invariant or partially invariant solutions. Bibliography: 23 titles
The theory of space law is discussed from the point of view of similarities and differences between hypothetical space law and current (1932) aviation law. International legal aspects and economic and cultural effects are also addressed.
Bonilla-Maldonado, Daniel Eduardo; Universidad de los Andes
International law has been repeatedly challenged for its exclusionary character and its imperial uses. These critiques describe many of its structures and dynamics in a precise manner. However, international law may be a useful instrument for protecting the legitimate interests of the States of the Global South in general, and of the distinct social and cultural groups that form them, in particular. Yet, in order to understand international law's potential for emancipation or social resistanc...
Jacobson, Peter D; Dahlen, Rachel
In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to apportion liability between physicians and institutions. Arguments favoring EML in health law date back to the early 1980s. But health care's ongoing consolidation suggests that the time has arrived for courts or state legislatures to develop legal doctrine that more closely resembles the ways in which health care is now delivered. This would result in a more appropriate allocation of liability to the institutional level. The second judicial trend will be the convergence of health law and public health law concepts. Because the ACA arguably stimulates closer engagement between health systems and public health departments, health systems will have greater responsibility for keeping their communities healthy along with obligations for individual patient care (i.e., individuals and populations). If so, courts will need to incorporate elements from health law and public health law in resolving disputes. Copyright © 2016 by Duke University Press.
Violanti, John M; Robinson, Cynthia F; Shen, Rui
Previous research suggests that there is an elevated risk of suicide among workers within law enforcement occupations. The present study examined the proportionate mortality for suicide in law enforcement in comparison to the US working population during 1999, 2003-2004, and 2007, based on Centers for Disease Control and Prevention's National Institute for Occupational Safety and Health National Occupational Mortality Surveillance data. We analyzed data for all law enforcement occupations and focused on two specific law enforcement occupational categories-detectives/criminal investigators/ police and corrections officers. Suicides were also explored by race, gender and ethnicity. The results of the study showed proportionate mortality ratios (PMRs) for suicide were significantly high for all races and sexes combined (all law enforcement--PMR = 169, 95% CI = 150-191, p law enforcement combined category, and a similarly high PMR was found among Hispanic detectives/criminal investigators/police (PMR = 388, p < 0.01, 95% CI = 168-765). There were small numbers of deaths among female and African American officers. The results included significantly increased risk for suicide among detectives/criminal investigators/police and corrections officers, which suggests that additional study could provide better data to inform us for preventive action.
Machmuddin, D. D.; Pratama, B.
Cyber regulation is very important to control human interaction within the Internet network in cyber space. On the surface, innovation development in science and technology facilitates human activity. But on the inside, innovation was controlled by new business model. In cyber business activities mingle with individual protection. By this condition, the law should keep the balance of the activities. Cyber law problems, were not particular country concern, but its global concern. This is a good opportunity for developing country to catch up with developed country. Beside this opportunity for talented people in law and technology is become necessity. This paper tries to describe cyber law in Indonesia. As a product of a developing country there are some of weakness that can be explained. Terminology and territory of cyber space is become interesting to discuss, because this two problems can give a broad view on cyber law in Indonesia.
, i.e., doubt and insecurity about international law and its basis. Rather than facilitating international law as a practical discipline, a superfi cial understanding of internationalism reinforced fetishisms of the discipline's theoretical past, not least the axiom that states only are proper...
Langsted, Lars Bo; Garde, Peter; Greve, Vagn
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds......-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...
Tarasov, Vasily E.
A new quantum dissipation model based on memory mechanism is suggested. Dynamics of open and closed quantum systems with power-law memory is considered. The processes with power-law memory are described by using integration and differentiation of non-integer orders, by methods of fractional calculus. An example of quantum oscillator with linear friction and power-law memory is considered. - Highlights: ► A new quantum dissipation model based on memory mechanism is suggested. ► The generalization of Lindblad equation is considered. ► An exact solution of generalized Lindblad equation for quantum oscillator with linear friction and power-law memory is derived.
The Atomic Energy Commission (Amendment) Law, 1993 (P.N.D.C.L. 308) seeks to amend the Atomic Energy Commission Act of 1963 (Act 204) so as to provide for the establishment of a Radiation Protection Board and other institutes under the Ghana Atomic Energy Commission. The Law further repeats the Atomic Energy Commission (Amendment) Law of 1982 (P.N.D.C.L. 37). (EAA)
With its decision of November 22, 1979 - BVerwG 4 B 162/79 -, the Federal Administration Court, at the expense of the plaintiff, has judged against a Bremen resident who had lodged a complained against the non-admission of an appeal in a partial verdict by the Lueneburg Higher Administrative Court concerning licenses under water law for Kernkraftwerk Unterweser. The value in litigation for the complaint procedure was set at DM 5000,-. In its partial verdict of February 12, 1979 - VII OVG A 113/77 - the Lueneburg Higher Administrative Court had decided that the plaintiff's rights are not infringed by the administrative steps under water law taken by the defendant district, and that pleas under nuclear law cannot be entered in the present procedure. The Federal Administrative Court was of the same opinion. The reasons for its decision are given in full wording. (orig./HP) 891 HP/orig.- 892 CKA [de
... rights and obligations of TVA and Reserve Banks; law governing the rights of any Person against TVA and... FEDERAL RESERVE BANKS § 1314.4 Law governing the rights and obligations of TVA and Reserve Banks; law governing the rights of any Person against TVA and Reserve Banks; law governing other interests. (a) Except...
We explain the solution of the following two problems: obtaining of Kepler's laws from Newton's laws (so called two bodies problem) and obtaining the fourth Newton's law (the formula for gravitation) as a corollary of Kepler's laws. This small book is devoted to the scholars, who are interested in physics and mathematics. We also make a series of digressions, where explain some technique of the higher mathematics, which are used in the proofs.
This book is a Nordic contribution to law and humanities. It treats the legal culture of the Nordic countries through intensive analyses of canonical Nordic artworks. Law and justice have always been ‘burning issues’ in Nordic literature, film and theater from the Icelandic sagas through...... and for the understanding of the interdisciplinary exchange of law and humanities? Law and literature was originally developed in countries of common law. This book investigates law and humanities from a different legal tradition, and contributes thus both to the discussion of the general and the comparative studies of law...... for instance Ludvig Holberg and Henrik Ibsen until Lars Noréns theatre and Lars von Trier's dogmefilms of today. This book strives to answer two fundamental questions: is there a special Nordic justice? And what does the legal and literary/aesthetic culture of the North mean for the concept of law and justice...
Kokarev, Sergey S.
Three small lectures are devoted to three Newton's laws, lying in the foundation of classical mechanics. These laws are analyzed from the viewpoint of our contemporary knowledge about space, time and physical interactions. The lectures were delivered for students of YarGU in RSEC "Logos".
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Practice of law. 8.42 Section 8.42... ALCOHOL, TOBACCO AND FIREARMS Duties and Restrictions Relating to Practice § 8.42 Practice of law. Nothing... practice law. ...
Sweden has since 1988 a totally revised radiation protection law and Finland has recently enacted a new law. The legal situation of the Nordic countries in the radiation protection field is reviewed with the main emphasis on the Swedish law. (author)
Nercy, B. de
This article defines the characteristics and origin of nuclear law, in particular the recent existence of this legal discipline in view of the novelty of atomic energy and the need to take into account radiation protection of workers and the population, the increasing internationalisation of this law, and the importance given to non-proliferation physical protection and to control of nuclear activities. Following an analysis of the main international regulations elaborated in the respective frameworks of Euratom, NEA/OECD and IAEA, the author reviews French legislation in this field and finally, he describes the principal fields of application of nuclear law. (NEA) [fr
The article deals with the relation between administrative standardization and decisions on a particular case. The author discusses the question whether the legislator may assign the task of concretizing rules of law exclusively to the top executive powers who are entitled to issue administrative regulations, or whether this task may in certain cases be achieved by way of decisions on a particular case. The question is discussed against the background of the principles of exercise of discretion, and the character and functions of administrative regulations. The article is arranged in two parts, entitled as follows: Impulses given by the environmental law, and should standardization prevail over individual decisions in administrative law matters? The author explains the development of the practice of the courts referring to the Voerde judgment of the Federal Administrative Court, the Wyhl judgment of the Federal Constitutional Court, (1982), another judgment in the Wyhl case given by the Fed. Administrative Court in 1985, and the decision of the Lueneburg Higher Administrative Court in the case of the Buschhaus power plant. (RST) [de
... 32 National Defense 4 2010-07-01 2010-07-01 true Traffic law enforcement principles. 634.26 Section 634.26 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW... law enforcement principles. (a) Traffic law enforcement should motivate drivers to operate vehicles...
Full Text Available As globalization continues, many transformations in international and domestic laws areunderway or called for. There are too many laws and too few, too much law that is inadequateor obsolete, and too much law-breaking. This biblioessay covers some 100 recentbooks, nearly all recently published, arranged in four categories. 1 International Lawincludes six overviews/textbooks on comparative law, laws related to warfare and security,pushback against demands of globalization, and gender perspectives; 2 Human Rightsencompasses general overviews and normative visions, several books on how some statesviolate human rights, five items on how good laws can end poverty and promote prosperity,and laws regulating working conditions and health rights; 3 Environment/Resources coversgrowth of international environmental law, visions of law for a better environmental future,laws to govern genetic resources and increasingly stressed water resources, two books onprospects for climate change liability, and items on toxic hazards and problems of compliance;4 Technology, Etc. identifies eight books on global crime and the failed war on drugs,books on the response to terrorism and guarding privacy and mobility in our high-tech age,seven books on how infotech is changing law and legal processes while raising intellectualproperty questions, biomedical technologies and the law, and general views on the need forupdated laws and constitutions. In sum, this essay suggests the need for deeper and timelyanalysis of the many books on changes in law.
Full Text Available Islamic Law is a set of promoted regulations adjusting human relationship to the Creator, human being and the environment based on Islamic doctrines. The Islamic Law has been established in Indonesia and effectively implemented in Indonesian Religious Court based on Law Number 7 of 1989. The law covers the areas of marriage, inheritance, will, bequest, benefaction and alms. In addition, especially in Aceh, with its peculiar feature, Islamic Law has been applied normatively, and in several areas it has been applied based on Local Regulations. However to perform the Islamic Law, it depends on faith and piety of the members of Islam. Thereby, although the formal law in juridical manner of Islamic Law in Indonesia was justly applied in limited civil law, however the Muslim society have stepped forward in applying Islamic Law in various Islamic social institutions.
Atomic energy law remains a living, fascinating subject matter. Nearly 200 participants were convinced of this impression at the 14 th German Atomic Energy Law Symposium held in Berlin on November 19-20, 2012. Under the scientific chairmanship of Professor Dr. Martin Burgi, Ludwig Maximilian University of Munich, the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU), after an interruption of 5 years, again organized a scientific conference about practice-related topics of atomic energy and radiation protection law. Atomic energy law once again proved to be a reference area for sophisticated issues of constitutional law and administrative law above and beyond its technical confines. The agenda of the 14 th German Atomic Energy Law Symposium featured a broad spectrum of topics ranging from backfitting of nuclear power plants to European atomic energy and radiation protection law, to challenges facing national legal systems in the execution of atomic energy law, to legal issues connected with decommissioning and waste management, and on to the topical subject of finding a repository site. The 14 th German Atomic Energy Law Symposium, on the whole, again demonstrated that an open discourse between science and practice is able to furnish important contributions to the implementation of laws in a balanced way rooted in practice. Especially the contributions dealing with the independence of public authorities and their organization, the doctrine of the reservation of functions of the executive branch, and planning by laws contain additional provisions able to influence the continued development of administrative law also above and beyond atomic energy law. The BMU also referred to a decision just heard from Brussels to the effect that a new European Safety Directive would be published as early as in 2013. As a consequence of the nuclear stress tests conducted EU-wide, the Directive is to lay down provisions about transparency
Recupero, Patricia R
Forensic psychiatrists in the 21st century can expect to encounter technology-related social problems for which existing legal remedies are limited. In addition to the inadequate protection of adolescents using social media as outlined by Costello et al., current laws are often poorly suited to remedy problems such as cyberharassment, sexting among minors, and the publication of threatening or harmful communications online. Throughout history, technological developments have often preceded the introduction of new laws or the careful revision of existing laws. This pattern is evident in many of the newer social problems that involve technology, including cyberbullying, online impersonation, and revenge porn. As specialists working at the intersection of human behavior and the law, forensic psychiatrists are uniquely situated to help legal professionals and others understand the impact of internet-related problematic behaviors on victims and, perhaps, to assist in the development of new legal remedies that are better tailored to our increasingly digital society. © 2016 American Academy of Psychiatry and the Law.
Massarczyk, R.; Chu, P.; Dugger, C.; Elliott, S. R.; Rielage, K.; Xu, W.
The break-through voltage behavior over small gaps has been investigated for differing gap distances, gas pressures, and gas temperatures in nitrogen, neon, argon and xenon gases. A deviation from Paschen's law at micro gap distances has been found. At lower temperatures, a significant shift of the curve relative to the results at room temperature was observed. This behavior can be explained by combining Paschen's law and the ideal gas law.
Massarczyk, R.; Chu, P.; Elliott, S.R.; Rielage, K.; Xu, W.; Dugger, C.
The break-through voltage behavior over small gaps has been investigated for differing gap distances, gas pressures, and gas temperatures in nitrogen, neon, argon and xenon gases. A deviation from Paschen's law at micro gap distances has been found. At lower temperatures, a significant shift of the curve relative to the results at room temperature was observed. This behavior can be explained by combining Paschen's law and the ideal gas law.
This paper deals with the effect of gun laws on crime. Several empirical analyses are carried to investigate the relationship between five different crime rates and alternative law variables. The tests are based on cross-section data from US sates. Three different law variables are used in the analysis, together with a set of control variables for income, poverty, unemployment and ethnic background of the population. Empirical analysis does not lend support to the notion that crime laws would...
In this Advanced Introduction, the reader is taken on an intellectual journey through the different facets and dimensions of private law, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law,
JEANNETTE IRIGOIN BARRENE
Full Text Available During an armed conflict, a change in the application of the human right regulations and international humanitarian law can be observed in the practice of contemporary international law. It is possible to observe at UN and International Courts’ levels an interesting trend in the sense of considering the application of both systems simultaneously in cases of international crisis as well as in internal conflicts. This innovation in contemporary international law can be observed initially in the change experimented by the legislation of the Human Rights’ European Court and specially and clearer in the Human Rights’ Inter American Court, which in cases against Honduras, Colombia, Paraguay and other countries, states that the State, being warrantor of the efficient protection of civil population, must apply and honor not only the Human Rights’ American Convention, but also the articles 13th and 14th of the II protocol of the Geneva Conventions of 1949. The convergence of both branches of the Law, and its application may help to achieve a better defense and efficiency of the fundamental rights of the human being.