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Sample records for environmental laws regulating

  1. Environmental impact statement law and environmental impact statement administration regulation

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1991-01-01

    The contribution does not deal with the question - as might be suggested by the heading - that the execution of the environmental impact statement law might be uncertain if there are no further accompanying legal transformatory acts. Putting the environmental impact statements into action is concerned in partiuclar with procedural provisions regarding the Federal Act on Protection against Nuisances and the Atomic Energy Act. The author deals with aspects of the environmental impact statement law and the state-of-the-art achieved so far. He also deals with legislative intent, with further points of putting the law into practice, i.e. the information requirements in the administrative provisions and the integrating aspect, the amalgamating aspect, the requirements made on the state of the environment, and the significance of administrative provisions. Also treated are legal procedures in the Federal Laender and on an international level. (RST) [de

  2. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    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

  3. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    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

  4. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    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

  5. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1991-01-01

    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

  6. Environmental law

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1989-01-01

    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

  7. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1988-01-01

    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

  8. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1989-01-01

    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

  9. The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law

    International Nuclear Information System (INIS)

    Peters, H.J.

    1995-01-01

    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

  10. Environmental Law

    National Research Council Canada - National Science Library

    2001-01-01

    Contains information on the National Environmental Policy Act, the Clean Water Act, the Clean Air Act, the Endangered Species Act, the Comprehensive Environmental Response, Compensation, and Liability...

  11. Environmental impact evaluation: law no. 16.466 of 1994 01 14 and regulations

    International Nuclear Information System (INIS)

    2007-01-01

    No.16.466 law of January 9, 1994, known as the Law on Prevention and Environmental Impact Assessment EIA or just law is probably the law marked the beginning of a new generation of environmental standards in Uruguay, together with other like Hazardous Waste Act (Act 17 220 1999), the law of Natural Protected Areas System (Law 17 234 2000) and especially the General Law Protection Environment (Law no. 17 283 of November 28, 2000), but which also reaches to the Constitution of the Republic, with the inclusion of environment in the new wording of Article 47 of the 1996 reform.

  12. Environmental law. 3. rev. ed.

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

    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

  13. Environmental laws regulating chemicals: Uses of information in decision making under environmental statutes

    Energy Technology Data Exchange (ETDEWEB)

    Gaba, J.M. [Southern Methodist Univ., Dallas, TX (United States)

    1990-12-31

    Three areas are addressed in this paper: generic issues that arise simply in the process of decision-making under environmental statutes; different decision-making standards under various environmental statutes; and efforts to legislate a {open_quotes}safe{close_quotes} or {open_quotes}acceptable{close_quotes} risk from exposure to carcinogenic chemicals.

  14. Environmental law in Denmark

    DEFF Research Database (Denmark)

    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...

  15. Spatiality of environmental law

    DEFF Research Database (Denmark)

    Baaner, Lasse; Hvingel, Line

    2015-01-01

    , examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from...... maps showing representations of applied legal norms, to maps build on datasets that have legal authority. That will integrate legal and geographic information systems, and improve the legal accountability of decision support systems used in e-Government services based on spatio-legal data....

  16. Outlines of environmental Law

    International Nuclear Information System (INIS)

    Salzwedel, J.

    1982-01-01

    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

  17. Changes in environmental law

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    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

  18. Environmental law in change

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1978-01-01

    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

  19. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  20. Obeying Environmental Laws

    Science.gov (United States)

    Facilities Science Pillars Research Library Science Briefs Science News Science Highlights Lab Organizations regulations and policies to protect human health and the environment. June 27, 2012 Pyramid showing compliance at the base, and sustainability at the top Compliance with environmental regulations and policies is

  1. INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2014-06-01

    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.

  2. Regulative environmental policy. Regulative Umweltpolitik

    Energy Technology Data Exchange (ETDEWEB)

    Goerlitz, A; Voigt, R [Universitaet der Bundeswehr Muenchen, Neubiberg (Germany, F.R.). Fakultaet fuer Sozialwissenschaften; eds.

    1991-01-01

    Regulative policy means those governmental attempts to steer the course of things which can fall back on a certain repertoire of instruments for actions in order to warrant the causal and temporal connection between the making available and the employment of means. The fact that environmental protection needs regulative policy is substantiated by the thesis that the market has failed; consequently only government can manage the public goods 'environment' in a suitable way, and it is a matter of fact that environmental protection at present is operated preferably via regulative policy. The problems of regulative enviromental policy are manifold. Its implementation often miscarries because of limited administrative resources on the one hand - making sufficient control impossible for instance -, and because of poor quality regulative instruments on the other hand. One way out would be to increase the efficiency of regulative policy by sophisticating judicial techniques. Other ways out point to the executing level and aim at improving implementation strategies or are concerned with post-regulative law. The latter refers to a new legal quality which demonstrates itself already in corporatistical crisis regulation or in induction programs such as pollution limits. A final way out favours deregulation strategies which includes the introduction of environmental levies or the allocation of environmental licences. An interdisciplinary discourse is to find out what would happen if these ways were taken. Pointers to solutions from varying scientific disciplines resulting from this discourse are to be found in this volume. (orig./HSCH).

  3. Environmental law. 6. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    1991-01-01

    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

  4. Environmental laws in health care.

    Science.gov (United States)

    Ruff, G G

    1992-11-01

    Federal and state regulations regarding the management and disposal of medical waste are currently quite extensive and will only become more comprehensive in the future. The public's heightened awareness and concerns over infectious diseases and discoveries of medical waste on beaches in New Jersey, Alabama, and other states, as well as medical waste being found in open trash bins and at public landfills, has brought to the public's attention the need for governmental intervention into this growing area of concern. Because regulations originating from the local, state, and federal levels have the potential to significantly affect hospitals, it is important that a specific person or department within the organization have a clearly designated responsibility to stay informed and follow up on these regulations. The designated person or department must work closely with the hospital's attorney to make sure that he or she stays current on environmental laws and keeps the institution adequately advised of its legal responsibilities.

  5. Nevada Nuclear Waste Storage Investigations: A review of requirements for biological information in federal, state, and local environmental laws and regulations

    International Nuclear Information System (INIS)

    Collins, E.; O'Farrell, T.P.

    1987-01-01

    Biological information concerning Yucca Mountain collected since 1980 is evaluated to determine if it is sufficient to satisfy the requirements of the various federal, state, and local laws and regulations that pertain to environmental protection or to development of waste repositories. The pertinent requirements of each law are summarized, missing information is identified, and recommendations are made for studies to fill these gaps. 11 refs., 2 figs., 1 tab

  6. Environmental Policy Law

    International Nuclear Information System (INIS)

    Lee, Sang Don

    1985-03-01

    This book tell US environmental problems and environmental conservation, theory with present situation of the problems, influence of environmental aggravation, and cause of environmental problems, environmental policy influencing environment such as the national environmental policy act in America, and the role of court and environmental policy act, jurisdiction investigation about administrative action which influence on environment, and standard of jurisdiction investigation in environmental problems and legislation of environmental rights.

  7. Environmental protection - Penal Law. 2nd ed.

    International Nuclear Information System (INIS)

    Sack, H.J.

    1980-01-01

    The 18th Amendment of the Penal Law - Law on the Abatement of Environmental Delinquency - (18. StrAendG) has now been passed. It has been promulgated on March 28, 1980 and has come into force on July 1, 1980. Through this amendment, a large number of the provisions of the environmental law regarding sanctions has been incorporated into the Penal Code. Persons concerned with environmental protection and pollution control will also in future need such a textbook with comments as a guide to the most important provisions on sanctions and fixed penalties. The 18th Amendment of the Penal Code does not cover all the provisions on sanctions to be applied in the field of environmental protection, a number of regulations still remains part of other, special laws. The same applies to the provisions on penalties which are laid down in a variety of individual laws and regulations, as a comprehensive code of environmental laws still remains to be established. This first part of the textbook in loose-leaf form deals mainly with the new provisions of sections 311d, 311e, 324, and 325. The other facts of the 18th Amendment will be discussed in the second part. As the regulations have, for the most part, not been completly revised or newly inserted, parts 1/3 of the first edition of this textbook can still be used as a help in analysing the existing provisions. (orig./HP) [de

  8. Environmental protection - Penal Law. Umweltschutz-Strafrecht

    Energy Technology Data Exchange (ETDEWEB)

    Sack, H J

    1980-01-01

    The 18th Amendment of the Penal Law - Law on the Abatement of Environmental Delinquency - (18. StrAendG) has now been passed. It has been promulgated on March 28, 1980 and has come into force on July 1, 1980. Through this amendment, a large number of the provisions of the environmental law regarding sanctions has been incorporated into the Penal Code. Persons concerned with environmental protection and pollution control will also in future need such a textbook with comments as a guide to the most important provisions on sanctions and fixed penalties. The 18th Amendment of the Penal Code does not cover all the provisions on sanctions to be applied in the field of environmental protection, a number of regulations still remains part of other, special laws. The same applies to the provisions on penalties which are laid down in a variety of individual laws and regulations, as a comprehensive code of environmental laws still remains to be established. This first part of the textbook in loose-leaf form deals mainly with the new provisions of sections 311d, 311e, 324, and 325. The other facts of the 18th Amendment will be discussed in the second part. As the regulations have, for the most part, not been completly revised or newly inserted, parts 1/3 of the first edition of this textbook can still be used as a help in analysing the existing provisions.

  9. Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

    International Nuclear Information System (INIS)

    Lohse, S.; Doerner, E.

    1992-01-01

    The bibliography contains 1685 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

  10. The growing interrelationship between nuclear law and environmental law

    International Nuclear Information System (INIS)

    Bourdon, Pierre

    2015-01-01

    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

  11. Environmental law. 2. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Koch, H.J. (ed.) [Hamburg Univ. (Germany). Forschungsstelle Umweltrecht

    2007-07-01

    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).

  12. The environmental science and law II. The short development of the environmental science and environmental law

    International Nuclear Information System (INIS)

    Klinda, J.

    1998-01-01

    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

  13. The criminal law responsibility of officials under environmental criminal law

    International Nuclear Information System (INIS)

    Winkelbauer, W.

    1986-01-01

    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

  14. Can Environmental Law be standardized

    International Nuclear Information System (INIS)

    Sendler, H.

    1981-01-01

    The author makes basic considerations on standardizability both in Constitutional Law and in simple Legislative Law. He discusses in detail a key issue of Environmental Law, namely the standardization of the right of third parties affected to file suit. In painstaking detail work one has to differentiate between standards having and not having an effect which protects third parties, and how far the protection of third parties goes. The limits to standardizability are reached with the use of undetermined legal terms. The shortcomings of standardizability for the legislator could and should be made up for by the statutory power which has to reify standards in a way which could guarantee efficient execution. (HSCH) [de

  15. Punishability of office-holders in environmental law

    International Nuclear Information System (INIS)

    Papier, H.J.

    1988-01-01

    The author deals with the question of criminal responsibility of office-holders in the field of environmental law. The provisions in secs. 324-330 of the Penal Code do not grant independent or origin protection from violation of the law. They depend on administrative law regulations. (WG) [de

  16. Environmental law and sustainable development

    Directory of Open Access Journals (Sweden)

    María Oliva Sirgo Álvarez

    2017-06-01

    Full Text Available This article analyses the origin and birth of the human right to a safe and healthy environment in order to allow everyone to live a dignified and quality life. It also analyses the essential content of sustainable development, which must always guide the development of environmental law to ensure a healthy environment for human present and future generations, and a sustainable economic growth that contributes to the development of equal opportunities for all people.

  17. Environmental regulation and competitiveness

    NARCIS (Netherlands)

    Mulatu, A.; Florax, R.J.G.M.; Withagen, C.A.A.M.

    2001-01-01

    The potential relationship between domestic environmental regulation and international competitiveness has evoked various speculations. The common neoclassical train of thought is that strict environmental regulation is detrimental to the competitiveness of industry, and that it induces phenomena

  18. Regulating Listed Companies: Between Company Law and Financial Market Law in Danish Law

    DEFF Research Database (Denmark)

    Clausen, Nis Jul

    2011-01-01

    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....

  19. Environmental law. Important laws and ordinances for environmental protection. As of July 1, 1989. 5. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    1989-01-01

    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

  20. Environmental protection and procedural law

    International Nuclear Information System (INIS)

    Mutschler, U.

    1978-01-01

    For the power industry which is 'independent of licensing', the Ule/Laubinger statement as well as its discussion on the 52th German legal experts' day are of considerable importance. It is therefore absolutely necessary to critically investigate the statements of this expert's opinion and the considerations on which they are based. This investigation is limited to those licensing procedures which in the terminology of experts, are 'similar to the plan approval procedure'. This applies mainly to the procedures according to paragraph 4 ff of the Federal Act on the Protection Against Nuisances and paragraph 7 of the Atomic Energy Law: Preliminaries publication of documents, inspection of files, public hearing, taking of evidence, persons with special responsibilities, administrative proceedings, actions by associations. The deficiencies in the execution of environmental procedural law is briefly mentioned. The notes in the article refer only to air pollution. (orig./HP) [de

  1. Environmental law and nuclear law: a growing symbiosis

    International Nuclear Information System (INIS)

    Ennerechts, S.

    2008-01-01

    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.)

  2. Research Handbook on International Environmental Law

    NARCIS (Netherlands)

    Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

    2010-01-01

    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

  3. The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law; Das Recht der Umweltvertraeglichkeitspruefung. Bd. 1. Vorschriftensammlung mit Einfuehrung in das UVP-Recht

    Energy Technology Data Exchange (ETDEWEB)

    Peters, H.J.

    1995-12-31

    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) [Deutsch] Das Buch bietet alle UVP-Vorschriften in kompakter Form, die UVPRL der EU, das UVPG, die Atomrechtliche Verfahrensverordnung (AtVfV) und die 9. BImSchV einschliesslich der entsprechenden Allgemeinen Verwaltungsvorschrift sowie das BBergG, das BauGB, das ROG bis hin zum UVP-Recht der Laender wie DurchfuehrungsVO, LUVPG und Landesplanungsgesetzen. Vorangestellt ist diesen Vorschriften eine grundlegende Einfuehrung in das Recht des UVP. (orig./HP)

  4. Challenges imposed by International Environmental Law to Classical International Law

    Directory of Open Access Journals (Sweden)

    Fabian Augusto Cárdenas Castañeda

    2010-05-01

    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.

  5. 40 CFR 146.2 - Law authorizing these regulations.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 22 2010-07-01 2010-07-01 false Law authorizing these regulations. 146.2 Section 146.2 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS (CONTINUED) UNDERGROUND INJECTION CONTROL PROGRAM: CRITERIA AND STANDARDS General Provisions § 146.2 Law...

  6. Challenge: Code of environmental law; Herausforderung Umweltgesetzbuch

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-07-15

    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.

  7. Applicable international environmental impact assessment laws for ...

    African Journals Online (AJOL)

    Lawrence Hart

    1971-05-28

    May 28, 1971 ... appraise selected International Environmental laws and the Nigerian Environmental Impact Assessment methodology ... maze of pipelines, delivery lines, flow lines, canals and .... Toxic Materials and international waterways.

  8. The international law commission and international environmental law

    International Nuclear Information System (INIS)

    Ramcharan, B.G.

    1975-01-01

    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

  9. Origins and framework of environmental law in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Robinson, N A

    1975-11-01

    A sensitivity for protecting the environment has opened a new field of Environmental Law, backed by government allocations, legal and administrative procedures, and public involvement. Environmental laws, however, remain responsive to new scientific and technological discoveries and expanding public pressures for both environmental protection and energy. Prior to the 1960s, there were laws to regulate resource exploitation, preserve natural areas, correct past damage, protect public health, control land use, and preserve common law and equity. Since then environmental concerns have become laws, agencies, and part of the law school curriculum. New regulations requiring accountability from the private sector, local governments, and public corporations (e.g., utilities) tend to cut across jurisdictions and require changes in governmental relationships. The legal tools available for protecting the environment include (1) regulation, such as permit and licensing systems and allocations; (2) procedural innovations, such as environmental impact analysis and reporting; (3) direct action, such as imposed air and water quality standards; (4) taxation; (5) government spending and contracting, as in solid waste disposal; (6) grants-in-aid and loans; (7) court enforcement; (8) coordinated land use; and (9) research. Citizen participation in the use of these tools has been vital to the momentum of an environmental protection concept. (150 references) (DCK)

  10. Yearbook of environmental and engineering law 1990

    International Nuclear Information System (INIS)

    Marburger, P.

    1990-01-01

    The yearbook 1990 again contains individual contributions on German, foreign, and international environmental and engineering law. Beginning with this volume, there will always be a detailed report on previous year developments in environmental and engineering law in order to master the continuously increasing legal material. Some contributions - there are others - deal with the following subjects: Legislative need to act in matters of genetic engineering; ethics commissions and constitutional law; nature's own rights; legal protection of local government against brown coal plans; mining laws; sports and air-traffic noise; questions of nuclear waste management; removal of long-standing multi-party liability in environmental law; waste and restoration of abandoned industrial sites; technological development and liability insurance; problems of legislation coming into effect in pollution abatement procedures; Dutch air pollution abatement fund; environmental absolute liability in Austria; EC environmental legislation and solo actions by individual member states. (HSCH) [de

  11. Environmental law - the question of a systematization and codification of environmental law in Austria

    International Nuclear Information System (INIS)

    Chiu Yen-Lin, A.

    2000-04-01

    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)

  12. Environmental considerations and regulations

    International Nuclear Information System (INIS)

    Blanco, R.E.

    1976-01-01

    Methods used to control the radiological impact of the nuclear fuel cycle are described. This control is exercised through the application of a series of federal laws and regulations that are used as the basis for licensing nuclear facilities. The control is exercised more directly by the use of radwaste treatment equipment at the nuclear facilities to limit the release of radioactive materials. Federal laws and regulations are summarized and their applications in licensing actions are discussed. Radiological doses from materials released from licensed facilities are compared with doses from natural background. A series of cost/benefit engineering surveys are being made to determine the cost and effectiveness of radwaste systems for decreasing the release of radioactive materials from model fuel cycle facilities and to determine the benefits in terms of reduction in dose commitment to individuals and populations in surrounding areas

  13. The TEXTBOOK - Directives, Regulations, Case Law

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    The TEXTBOOK is a collection of carefully selected directives, regulations, and judgments. Whether you are a student, a scholar, or a practitioner of law, this book is a supplemental tool in your work with European business law. It is recommended that you have this book within your reach when you...

  14. Radiation protection and the laws and regulations

    International Nuclear Information System (INIS)

    Takada, Takuo

    1980-01-01

    In hospitals and clinics, when cobalt remote irradiation apparatuses, betatrons and linear accelerators are installed, the provisions of medical and radiation injury prevention laws and other related laws and regulations must be observed. The following matters are described: the laws and regulations concerning the prevention of radiation injuries, the definitions of the therapeutical equipments, the radiation protection standards for such facilities, radiation exposure dose and permissible dose, the procedures concerning the application before usage, the responsibilities of hospitals and clinics for radiation measurement and management, and shielding and shield calculations. (J.P.N.)

  15. Maritime environmental penal law. International and German legislation

    International Nuclear Information System (INIS)

    Eller, Jan Frederik

    2017-01-01

    The book on maritime environmental penal law discusses the following issues: part I: introduction into the importance of oceanic environment and its thread, requirement of protective measures,; part II: focus of the study and terminology: oceanic pollution, maritime environmental legislation, international legislation; part 3: international legislative regulations concerning the protection of maritime environment: avoidance of environmental pollution, maritime legislative agreements, existing protective institutions; part 4: state penal power concerning maritime environmental protection; part 5: statutory offense according to German legislation; perspectives for regulations concerning criminal acts on sea.

  16. Analysis of Environmental Law Enforcement Mechanism Based on Economic Principle

    Science.gov (United States)

    Cao, Hongjun; Shao, Haohao; Cai, Xuesen

    2017-11-01

    Strengthening and improving the environmental law enforcement mechanism is an important way to protect the ecological environment. This paper is based on economical principles, we did analysis of the marginal management costs by using Pigou means and the marginal transaction costs by using Coase means vary with the quantity growth of pollutant discharge Enterprises. We analyzed all this information, then we got the conclusion as follows. In the process of strengthening the environmental law enforcement mechanism, firstly, we should fully mobilize all aspects of environmental law enforcement, such as legislative bodies and law enforcement agencies, public welfare organizations, television, newspapers, enterprises, people and so on, they need to form a reasonable and organic structure system; then we should use various management means, such as government regulation, legal sanctions, fines, persuasion and denounce, they also need to form an organic structural system.

  17. Regulating chemicals: law, science, and the unbearable burdens of regulation.

    Science.gov (United States)

    Silbergeld, Ellen K; Mandrioli, Daniele; Cranor, Carl F

    2015-03-18

    The challenges of regulating industrial chemicals remain unresolved in the United States. The Toxic Substances Control Act (TSCA) of 1976 was the first legislation to extend coverage to the regulation of industrial chemicals, both existing and newly registered. However, decisions related to both law and science that were made in passing this law inevitably rendered it ineffectual. Attempts to fix these shortcomings have not been successful. In light of the European Union's passage of innovative principles and requirements for chemical regulation, it is no longer possible to deny the opportunity and need for reform in US law and practice.

  18. Persona Grata - Bernard Vanheusden, Contemporary Issues in International Law, an Interview with Associate Professor of Environmental Law, Hasselt University

    OpenAIRE

    Gordeeva, Yelena M.

    2016-01-01

    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

  19. Austria's environmental law in comparison with the environmental law of the EC

    International Nuclear Information System (INIS)

    Jantscher, S.H.

    1991-11-01

    The thesis describes and compares the environmental legislation in Austria and the EC. A short introduction into structure and organization of EC-institutions and EC-legislation in followed by an examination of the constitutional foundations of environmental policy in Austria and the EC respectively. After the adoption for the Single European Act, the EEC-Treaty provides for objectives, orientation criteria and instruments regarding environmental protection. These provisions constitute a valid basis for environmental action. The adoption of a constitutional law does equally declare environmental protection as an objective of the state in Austria, however, its significance is regarded as rather controversial. Some provinces ('Laender') have shown a higher degree of sensitivity in their constitutions . The distribution of powers between the EC and its member stated in the field of environmental protection is of particular interests. It is shown, that the principle of subsidiarity and the safeguard-clauses leave discretion to the member states. Much will be determined by the European Court of Justice (ECJ) . Main emphasis has been placed on the description and comparison of Austria's and the EEC-environmental legislation. Environmental legislation of Austria as well as the EC is outlined sector by sector (i.e. water, air, chemicals, waste, soil, fauna and flora) and subsequently the object of a detailed comparison. Criteria, such as - preventiveness -stringency - focus, depth and comprehensiveness - clearness and legal force of the regulations have been applied. For most of the mentioned sectors it is correct to state, that Austria's legislation is more preventive, advanced, comprehensive and stringent (especially regulations related to water, waste, chemicals, also air) . However, there are particular areas (e.g. air quality objectives, noise limits for construction plants) where Austria' s legislation may well get a fresh impetus

  20. Russian Environmental Law - an Overview For Business.

    OpenAIRE

    Ratsiborinskaya, Daria

    2010-01-01

    markdownabstractRussia has carried out major environmental policy reforms during its transition period since the early 1990s, including with respect to global issues such as climate change, loss of biodiversity and ozone layer depletion. In view of these changes, this chapter provides a brief overview of current (and forthcoming) Russian environmental law as applicable to businesses operating in Russia. By touching upon the main difficulties that investors may face, e.g., environmental charge...

  1. Environmental regulations handbook for enhanced oil recovery

    International Nuclear Information System (INIS)

    Madden, M.P.; Blatchford, R.P.; Spears, R.B.

    1991-12-01

    This handbook is intended to assist owners and operators of enhanced oil recovery (EOR) operations in acquiring some introductory knowledge of the various state agencies, the US Environmental Protection Agency, and the many environmental laws, rules and regulations which can have jurisdiction over their permitting and compliance activities. It is a compendium of summarizations of environmental rules. It is not intended to give readers specific working details of what is required from them, nor can it be used in that manner. Readers of this handbook are encouraged to contact environmental control offices nearest to locations of interest for current regulations affecting them

  2. Environmental regulations handbook for enhanced oil recovery

    Energy Technology Data Exchange (ETDEWEB)

    Madden, M.P. [National Inst. for Petroleum and Energy Research, Bartlesville, OK (United States); Blatchford, R.P.; Spears, R.B. [Spears and Associates, Inc., Tulsa, OK (United States)

    1991-12-01

    This handbook is intended to assist owners and operators of enhanced oil recovery (EOR) operations in acquiring some introductory knowledge of the various state agencies, the US Environmental Protection Agency, and the many environmental laws, rules and regulations which can have jurisdiction over their permitting and compliance activities. It is a compendium of summarizations of environmental rules. It is not intended to give readers specific working details of what is required from them, nor can it be used in that manner. Readers of this handbook are encouraged to contact environmental control offices nearest to locations of interest for current regulations affecting them.

  3. Current environmental regulations

    International Nuclear Information System (INIS)

    Martz, M.K.

    1985-01-01

    An overview of the Federal environmental statutes and implementation regulations is provided, including the National Environmental Policy Act, the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Toxic Substances Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, and the Endangered Species Act. Recent developments which may have a direct impact on waste repository siting and management activities include: final promulgation of National Emission Standards for hazardous Air Pollutants for radionuclides, the DOE-EPA memorandum of understanding which brings mixed radioactive and chemical waste under the requirements of RCRA, and the proposed designation of additional sole source aquifers

  4. The law applicable to environmental damage in European private international law

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2013-01-01

    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.

  5. Prevention Obligations in International Environmental Law

    NARCIS (Netherlands)

    Plakokefalos, I.

    2013-01-01

    The paper seeks to examine the content and nature of prevention obligations in international environmental law. Despite their frequent reference to these obligations in practice and in the literature their exact content remains ill-defined. Similarly, the exact nature of these obligations has not

  6. Public international law and civil law liability for compensation for damages by virtue of international environmental law

    International Nuclear Information System (INIS)

    Rest, A.

    1982-01-01

    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

  7. Environmental regulation and international trade

    NARCIS (Netherlands)

    Mulatu, A.; Florax, R.J.G.M.; Withagen, C.A.A.M.

    2004-01-01

    We empirically investigate the responsiveness of international trade to the stringency of environmental regulation. Stringent environmental regulation may impair the export competitiveness of ´dirty´ domestic industries, and as a result, ´pollution havens´ emerge in countries where environmental

  8. An introduction to environmental law. 2. enlarged ed.

    International Nuclear Information System (INIS)

    Schmidt, R.; Mueller, H.

    1989-01-01

    The author outlines the environmental law in the Federal Republic of Germany and surveys the main legal regulations in the field of environmental protection. Inter alia he deals with problems of installations subject to permission and with legal questions of transfrontier environmental pollution. This second edition brings up to date or enlarges the first by information and facts concerning in particular the deficits in enforcement, informal acts of the administration, the protection of animals and endangered species of wild fauna and flora, the environmental impact statement, liability for environmental pollution, the problems involved in the management of waste found at abandoned industrial sites or dumps, radiological protection issues, and environmental protection provided by the EEC Treaty. (orig./HP) [de

  9. Legal significance of environmental protection in foreign investments law

    OpenAIRE

    Divljak Drago

    2013-01-01

    The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field i...

  10. Environmental law. 2. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Erbguth, W. [Rostock Univ. (Germany); Schlacke, S. [Bremen Univ. (Germany)

    2008-07-01

    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.

  11. Environmental protection and international law: the case of nuclear energy

    International Nuclear Information System (INIS)

    Dagicour, F.

    2002-03-01

    Given the very hazardous nature of its activity, the nuclear industry has often been considered to be without a future. Concerns over climate change and increasing international energy needs have, however, shone a new light on the positive aspects of nuclear energy. As the only clean, stable and inexpensive energy source, available, nuclear energy promises a constant supply of electricity while protecting the atmosphere. This new relationship between the environment and nuclear energy calls for an analysis of the international regulation of the risks posed by nuclear energy production. Since the beginning of the nuclear age, the long term, unknown, and large geographic scope of the risks and effects of this activity have led to the adoption of a set of normative rules outside of the scope of international environmental law. The norms that now regulate this new, ultra-hazardous activity resulted in a set of rules aimed at protecting the environment in the face of high risk activities that now form the heart of international environmental law. Unwilling relinquish national sovereignty, States adopted a system of non-binding regulation to protect the environment and promote the nuclear industry. The Chernobyl accident later pointed to the weakness of this approach. Despite this weakness, the adoption of a soft law approach has led to progress in environmental protection in an area where States have been loathe to give up their sovereignty. (author)

  12. Cancer risk assessments and environmental regulation

    International Nuclear Information System (INIS)

    Scroggin, D.G.

    1990-01-01

    Governmental regulation of toxic substances, such as carcinogens and radiation, prompts both legal and scientific controversies. Industry, environmental activist groups, government regulators, and the general public are all concerned with the question of how environmental risk to public health is to be measured and what level of risk warrants government action under the environmental laws. Several recent events shed light on the fundamental scientific and legal problems inherent in such regulation, and these events may affect the direction of future developments. These events include implementation of generic Risk Assessment Guidelines by the US EPA, litigation challenging EPA's regulation of carcinogenic substances, new scientific understanding of the relative risks from human exposure to natural and man-made sources, and the continuing growth of toxic tort litigation in which victims of cancer seek large damages from industrial emitters of pollution

  13. THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Valentine Charlotte ENE

    2014-06-01

    Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.

  14. EC Competition law and environmental protection

    Energy Technology Data Exchange (ETDEWEB)

    Rantala, M.

    1996-12-31

    Due to the increasing attention paid on environmental protection, by the European Community, the Member States and the consumers, undertakings are forced to adjust their policies to meet the new demands posed by public authorities and the market. This has an inevitable impact on competition. No matter how acceptable the goals were, the means are to be assessed also from the competition law point of view. The objective of this study is to analyze the situations where conflicts may take place, the main sources of research being the principles of law relating to the Treaty ,the judgements of the European Court of Justice, the Commission Decisions and other official documents of the Community as well as legal literature. This study classifies the Community and Member State instruments which are used for environmental protection into four categories. These are legislative, market-based, horizontal and financial supporting instruments. Undertakings` environmental practices, which are capable of affecting competition, are examined under Articles 85 and 86 EC, some attention being paid also to Article 90 EC. The touching points of competition policy and environmental protection in such cases are scrutinized under three headings. These are the two, in this case, most relevant public instruments, ie. legislative and market-based measures, and the voluntary actions of undertakings. (42 refs.)

  15. The principle of cooperation in environmental law

    International Nuclear Information System (INIS)

    Rengeling, H.W.

    1988-01-01

    The study prepared by order of the Federal Office for Environmental Protection describes the cooperation principle in German environmental policy. It presents examples from various areas of environmental protection, i.a. the participation of third-parties in government decisions. The functions, advantages, problems and risks of cooperation are dealt with. The study focuses on the constitutional and administrative fundamentals for the evaluation of the admissibility and limits of cooperation. On the one hand, there has to be cooperation between State and Society, on the other, there is a normative separation of the two in accordance with constitutional law. The study points out scopes of action for cooperation between State and Society. (RST) [de

  16. 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

    International Nuclear Information System (INIS)

    Schneider, Matthias Werner

    2015-01-01

    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

  17. The precautionary principle in international environmental law and international jurisprudence

    Directory of Open Access Journals (Sweden)

    Tubić Bojan

    2014-01-01

    Full Text Available This paper analysis international regulation of the precautionary principle as one of environmental principles. This principle envisages that when there are threats of serious and irreparable harm, as a consequence of certain economic activity, the lack of scientific evidence and full certainty cannot be used as a reason for postponing efficient measures for preventing environmental harm. From economic point of view, the application of precautionary principle is problematic, because it creates larger responsibility for those who create possible risks, comparing to the previous period. The precautionary principle can be found in numerous international treaties in this field, which regulate it in a very similar manner. There is no consensus in doctrine whether this principle has reached the level of international customary law, because it was interpreted differently and it was not accepted by large number of countries in their national legislations. It represents a developing concept which is consisted of changing positions on adequate roles of science, economy, politics and law in the field of environmental protection. This principle has been discussed in several cases before International Court of Justice and International Tribunal for the Law of the Sea.

  18. SHELL DISEASES AND TOXINS REGULATED BY LAW

    Directory of Open Access Journals (Sweden)

    Natalija Topić Popović

    1999-06-01

    Full Text Available There is a long tradition of cultivating shells in Croatia, and the shell industry has a good perspective of further development. Since shells are delicate organisms that require special breeding conditions and climate, they are also subject to many diseases. Bonamiosis, haplospioridiosis, marteiliosis, microcytosis and perkinsosis are stated by the International Bureau for Epizootics as shell diseases that, in keeping with law, must be reported, and iridovirosis as a disease of a potential international importance. The same diseases are regulated by the Veterinary Law from 1997 as infectious diseases prevention of which is of an interest for the Republic of Croatia. Although, according to the law, it does not have to be prevented, in this article the disease Mytilicola is also described. According to the Health Department Statute from 1994, eatable part of shells are being tested for toxins of some marine dinoflagelates that can damage human health, and these are PSP (Paralytic Shellfish Poison, DSP (Diarrhoeic Shellfish Poison and NSP (Neuroparalytic Shellfish Poison.

  19. International environmental law and world order

    International Nuclear Information System (INIS)

    Guruswamy, L.D.; Palmer, G.W.R. Sir; Weston, B.H.

    1995-01-01

    A litany of dismal happenings - global warming, ozone layer depletion, desertification, destruction of biodiversity, acid rain, and nuclear and water accidents - are but some of the subjects covered by this book, a problem-solving casebook authored by three educators. This new book makes the obvious but important point, that environmental issues are not limited by national boundaries. The book is divided into three parts. The first three chapters of part I discuss the basic principals of traditional international law without any reference to environmental issues. Part II, comprised of seven chapters, deals with hypothetical problems that affect various aspects of the environment vis-a-vis the norms, institutions, and procedures through which the international legal system operates. The book concludes with two chapters dealing with future environmental concerns. The book focuses on issue-spotting, problem-solving, and synthesis over the assimilation and comprehension of raw, disembodied knowledge. The book helps to manage our common future on this planet, for which we will need a new global regime based essentially on the extension into international life of the rule of law, together with reliable mechanisms for accountability and enforcement that provide the basis for the effective functioning of national societies

  20. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-02-01

    The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic; others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms

  1. Developments in environmental and engineering law in 1990

    International Nuclear Information System (INIS)

    Brandner, T.

    1991-01-01

    The detailed and clear compilation for the period 1.1.1990-31.1.1991 covers the following topics: Environmental and engineering law in the German unification process; superordinate developments in the EG and in Germany, in particular: Draft Federal Environmental Code, Civil Environmental Liability Act, EIA, German Federal Environmental Foundation; technological safety; climate protection - international agreements, EC law, developments in Germany; air and noise pollution control law; atomic and radiation protection law - point of departure, legislation, individual questions: Federal supervision, nuclear disposal and recycling. Moreover: Environmental concerns in regional planning; the law of nature conservation, water protection, waste management, hazardous materials, genetic engineering and soil protection. (HSCH) [de

  2. Basic characteristics of the pollution laws and pollution regulations of the German Democratic Republic

    Energy Technology Data Exchange (ETDEWEB)

    Lammich, S

    1987-02-02

    The paper abstracted informs about the basic principles characterizing the pollution laws and pollution regulations of the German Democratic Republic. The author deals with the constitutional principles, the National Culture Law valid since 1970 and conceived as a general pollution law, the planning of pollution abatement, legal aspects of water pollution abatement, air pollution abatement, waste management, noise pollution abatement and radiation protection. Particular emphasis is on the legal sanctions devised to ensure the observance of environmental laws and restrictions which are both part of the administrative, civil and economic laws and of the disciplinary and criminal laws. (HSCH).

  3. Right, laws, regulations and technical building systems; Recht, Gesetze, Verordnungen und Technische Gebaeudesysteme

    Energy Technology Data Exchange (ETDEWEB)

    Kranz, H.R. [Siemens AG, Karlsruhe (Germany)

    1995-12-31

    Chapter 23 of the anthology about building control gives an overview of the laws and regulations in the field of technical building systems. The following fields are discussed: license regulations in the field of building trade, communication law, environmental responsibility law, building right, European directives, laws and regulations of the Federal Government and the Laender. (BWI) [Deutsch] Kapitel 23 des Sammelbandes ueber Building Control gibt einen Ueberblick ueber Recht, Gesetze und Verordnungen im Bereich der Technischen Gebaeudesysteme. In diesem Zusammenhang kommen folgende Bereiche in Frage: Lizenzrecht im Bauwesen; Fernmelderecht; Umwelthaftungsgesetz; Baurecht; Europaeische Richtlinien; Gesetze und Verordnungen des Bundes und der Laender. (BWI)

  4. Whistleblowing in the Slovak labor law regulation

    Directory of Open Access Journals (Sweden)

    Daniel Krošlák

    2015-12-01

    Full Text Available Corrupt behaviour is a common practice with negative effects on the whole of society. For instance, if a company wins a public procurement contract in an unfair way, it enriches itself not only at the expense of competition, but also at the expense of the whole of society, as the best applicant has not necessarily been selected within such a procurement. The same applies in the case of a supplier launching an unsafe product onto the market, threatening the health of everyone who buys it. In order to prevent such malpractice and eliminate their negative effects, the cooperation of persons aware of such behaviours is necessary. In order to ensure such cooperation, however, the existence of instruments protecting whistle-blowers against various sanctions (especially by employers is necessary. As Slovak legislation did not include a regulation of procedures for reporting malpractice and protecting whistle-blowers, a new law aimed at solving such issues was enacted in October, 2014. The given legal regulation took effect on January 1, 2015. This paper endeavours to provide basic knowledge of the environment that the given regulation entered, as well as information on the possibilities of individuals to protect social interests on its grounds.

  5. Problems and perspectives in energy law and environmental law. Documentation; Probleme und Perspektiven im Energieumweltrecht. Dokumentation

    Energy Technology Data Exchange (ETDEWEB)

    Cremer, Wolfram; Pielow, Johann-Christian (eds.)

    2009-07-01

    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.)

  6. Legal significance of environmental protection in foreign investments law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2013-01-01

    Full Text Available The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field is going to be the strengthening of the bond between international investments and environmental protection. It is insisted on the attitude that our law needs to approach adequately to the matter of legal valorization of the environmental protection issue. This requires the creating of a complex, coherent approach that should be based on adequate legal superstructure and amendments to the existing Law on Foreign Investments. The main direction of changes implies that the current obligation of foreign investors in this field should be raised onto a higher level and foreign investments should be placed in the function of accomplishing of the concept of sustainable development. However, such an approach has to be accompanied by appropriate mechanism of control and supervision in the given field, if its full effectiveness is to be achieved.

  7. 19 CFR 122.30 - Other Customs laws and regulations.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 1 2010-04-01 2010-04-01 false Other Customs laws and regulations. 122.30 Section 122.30 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY AIR COMMERCE REGULATIONS Private Aircraft § 122.30 Other Customs laws and regulations...

  8. Legal protection in French environmental law

    International Nuclear Information System (INIS)

    Fromont, M.

    1983-01-01

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

  9. Environmental Regulation and International Trade

    Energy Technology Data Exchange (ETDEWEB)

    Mulatu, A. [London School of Economics, London (United Kingdom); Florax, R.J.G.M.; Withagen, C.A. [Faculty of Economics and Business Administration, Vrije Universiteit, Amsterdam (Netherlands)

    2004-07-01

    We empirically investigate the responsiveness of international trade to the stringency of environmental regulation. Stringent environmental regulation may impair the export competitiveness of 'dirty' domestic industries, and as a result, 'pollution havens' emerge in countries where environmental regulation is 'over-lax.' We examine the impact of pollution abatement and control costs on net exports in order to grasp this phenomenon. Theoretically, our analysis is related to a general equilibrium model of trade and pollution nesting the pollution haven motive for trade with the factor endowment motive. We analyze data on two-digit ISIC manufacturing industries during the period 1977-1992 in Germany, the Netherlands and the US, and show that trade patterns in 'dirty' commodities are jointly determined by relative factor endowments and environmental stringency differentials.

  10. Concretization of rules of law in the field of environmental law

    International Nuclear Information System (INIS)

    Kunert, F.J.

    1989-01-01

    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

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

    Science.gov (United States)

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

  12. An Introduction to the Law and Economics of Regulation

    NARCIS (Netherlands)

    A.M. Pacces (Alessio); R.J. van den Bergh (Roger)

    2011-01-01

    textabstractAbstract This chapter provides a general framework to analyze regulation with a law and economics approach. It introduces the volume “Regulation and Economics” of the second edition of the Encyclopedia of Law and Economics. This study intends to provide a state-of-the-art overview of

  13. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1990-06-01

    The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary. The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic, others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms. State-by-state breakdowns are given for specific states

  14. The sources of the specificity of nuclear law and environmental law

    International Nuclear Information System (INIS)

    Rainaud, J.M.; Cristini, R.

    1983-01-01

    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

  15. Information, Interests, and Environmental Regulation

    DEFF Research Database (Denmark)

    Winter, Søren; May, Peter J.

    2002-01-01

    This study contributes to the understanding of informational approaches to bringing about compliance with environmental regulations with particular attention to differences in the influence of information provided by different information sources. Based on theorizing from a combination of informa......This study contributes to the understanding of informational approaches to bringing about compliance with environmental regulations with particular attention to differences in the influence of information provided by different information sources. Based on theorizing from a combination...... of information processing and interest group literatures, we develop hypotheses about regulatees' reliance upon and the influence of different sources of information. We test these hypotheses for Danish farmers’ compliance with agro-environmental rules. Our findings show that information plays a role in bringing...

  16. "Just another hoop to jump through?" using environmental laws and processes to protect indigenous rights.

    Science.gov (United States)

    Middleton, Beth Rose

    2013-11-01

    Protection of culturally important indigenous landscapes has become an increasingly important component of environmental management processes, for both companies and individuals striving to comply with environmental regulations, and for indigenous groups seeking stronger laws to support site protection and cultural/human rights. Given that indigenous stewardship of culturally important sites, species, and practices continues to be threatened or prohibited on lands out of indigenous ownership, this paper examines whether or not indigenous people can meaningfully apply mainstream environmental management laws and processes to achieve protection of traditional sites and associated stewardship activities. While environmental laws can provide a "back door" to protect traditional sites and practices, they are not made for this purpose, and, as such, require specific amendments to become more useful for indigenous practitioners. Acknowledging thoughtful critiques of the cultural incommensurability of environmental law with indigenous environmental stewardship of sacred sites, I interrogate the ability of four specific environmental laws and processes-the Uniform Conservation Easement Act; the National Environmental Policy Act and the California Environmental Quality Act; the Pacific Stewardship Council land divestiture process; and Senate Bill 18 (CA-2004)-to protect culturally important landscapes and practices. I offer suggestions for improving these laws and processes to make them more applicable to indigenous stewardship of traditional landscapes.

  17. Environmental regulations handbook for enhanced oil recovery. Final report

    Energy Technology Data Exchange (ETDEWEB)

    Wilson, T.D.

    1980-08-01

    A guide to environmental laws and regulations which have special significance for enhanced oil recovery (EOR) is presented. The Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, Resource Conservation and Recovery Act, federal regulations, and state regulations are discussed. This handbook has been designed as a planning tool and a convenient reference source. The 16 states included comprise the major oil-producing states in various regions of the state. The major topics covered are: general guidelines for complying with environmental laws and regulations; air pollution control; water pollution control; protecting drinking water: underground injection control; hazardous waste management; and federal laws affecting siting or operation of EOR facilities. (DMC)

  18. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective

    Directory of Open Access Journals (Sweden)

    Bambang Sutrisno

    2016-06-01

    Full Text Available The Politics of Law holds responsibility to give the surety of all regulations, including Local Regulation, for capable of reflecting the collective will of the public as the owner of the highest sovereignty. Politics of law is always working to bring together the ius constituendum and ius constitutum  at the encounter between realism and idealism. Local Regulation as subsystems of national law, is expected to serve as a guiding instrument and guard direction for development and continuous improvement of Local Government. Therefore the existence of local regulations holds a strategic role for legal certainty, which is a necessary to create a conducive business climate and stability of the country. How To Cite: Sutrisno, B. (2016. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective. Rechtsidee, 3(1, 41-52. doi:http://dx.doi.org/10.21070/jihr.v3i1.131

  19. Human exposure, health hazards, and environmental regulations

    International Nuclear Information System (INIS)

    Steinemann, Anne

    2004-01-01

    United States environmental regulations, intended to protect human health, generally fail to address major sources of pollutants that endanger human health. These sources are surprisingly close to us and within our control, such as consumer products and building materials that we use within our homes, workplaces, schools, and other indoor environments. Even though these indoor sources account for nearly 90% of our pollutant exposure, they are virtually unregulated by existing laws. Even pollutant levels found in typical homes, if found outdoors, would often violate federal environmental standards. This article examines the importance of human exposure as a way to understand and reduce effects of pollutants on human health. Results from exposure studies challenge traditional thinking about pollutant hazards, and reveal deficiencies in our patchwork of laws. And results from epidemiological studies, showing increases in exposure-related diseases, underscore the need for new protections. Because we cannot rely solely on regulations to protect us, and because health effects from exposures can develop insidiously, greater efforts are needed to reduce and prevent significant exposures before they occur. Recommendations include the development and use of safer alternatives to common products, public education on ways to reduce exposure, systematic monitoring of human exposure to pollutants, and a precautionary approach in decision-making

  20. Manual: environmental impact statement and intervention regulation

    International Nuclear Information System (INIS)

    Neumann, K.

    1992-01-01

    In order to be able to fulfil also legally the important tasks of environmental protection and natural preservation in the last ten years numerous legal provisions have been issued. Many of these laws require that the environmental impact of projects and constructional measures is taken into account to a higher degree. Two important instruments in this connection are the impact statement and the intervention regulation of natural preservation. Their importance and consequences for the planning and realization of projects are until now not sufficiently know. This manual is to fill this gap. This booklet shall help builder-owners and investors to realize their building projects in a way which is compatible with the environment. For architects and planners information is given in this manual about the requirements to be fulfilled in the individual planning and licensing procedures. The booklet is structured in a way that builder-owners, consultants and authorities find quickly the information needed. (orig./KW) [de

  1. Changes in environmental law. [German Federal Republic]. Umweltrecht im Wandel

    Energy Technology Data Exchange (ETDEWEB)

    Mayer-Tasch, P C

    1978-01-01

    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.

  2. Nuclear law and environmental law in the licensing of nuclear installations

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2013-01-01

    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

  3. Present problems with atomic energy laws and regulations. 2. ed.

    International Nuclear Information System (INIS)

    Bluemel, W.

    1993-01-01

    The report includes two speeches held by the author on the 3rd Japanese-German Atomic Law Symposion in Tokio on 5-7 Oct. 1992. The titles are: 1) Recent developments in the German Laws and regulations ruling atomic energy; 2) Legal aspects of stopping and eliminating nuclear plants in Germany. Both speeches were translated into Japanese. (HP) [de

  4. EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

    OpenAIRE

    Radu-Daniel LOGHIN

    2014-01-01

    In respect to financial reporting, statutory accounting standards and regulations form only a part of the normative landscape. Considering the case of common law countries, besides these classic sources of norms and practices there is an alternative base for exercising the professional judgement of the accountant, the case law precedents which drive and supplement in cases accounting regulations. For the purpose of this paper, goodwill accounting is explored from a normative perspective which...

  5. Environmental protection and penal law in Greece - a comparison with the German penal code on environmental matters. Der strafrechtliche Umweltschutz in Griechenland unter besonderer Beruecksichtigung des Deutschen Umweltstrafrechts

    Energy Technology Data Exchange (ETDEWEB)

    Karamanidis, G.

    1985-01-01

    The first chapter outlines the ecological situation of Greece, while the second chapter presents the legal foundations of environmental protection in Greece. Secondary laws are mentioned, as these are generally the laws in which penal liabilities are stated. The present environmental protection regulations are found to be unsatisfactory and unfit for preventing environmental damage. A new legislative structure is proposed on the basis of German environmental protection standards. (orig./HSCH).

  6. 28 CFR 91.68 - Compliance with other Federal environmental statutes, regulations and executive orders.

    Science.gov (United States)

    2010-07-01

    ... OF JUSTICE (CONTINUED) GRANTS FOR CORRECTIONAL FACILITIES Environmental Impact Review Procedures for VOI/TIS Grant Program Other State and Federal Law Requirements § 91.68 Compliance with other Federal environmental statutes, regulations and executive orders. (a) Other Federal environmental laws. All projects...

  7. Environmental Law and Underdevelopment in the Niger Delta ...

    African Journals Online (AJOL)

    Environmental Law and Underdevelopment in the Niger Delta Region of Nigeria. ... is composed of many ecosystems of great economic and social importance, ... producing companies contribute to the degradation of the environment which in ...

  8. 1992 yearbook of environmental and technology-related law

    International Nuclear Information System (INIS)

    Schroeder, M.

    1992-01-01

    The 1992 and sixth edition of this yearbook contains papers on environmental and technology-related law in the European Communities and the Federal Republic of Germany including among other things information on the latest jurisdiction by the European Court of Justice; insurability of environmental damage; scientific aspects of limit values. There are also treatises on non-German and comparative as well as international environmental and technology- related law which deal among other things with atomic and immission protection law and on harmonization and codification from a general point of view. Finally, some papers report on developments of national and European environmental and technology-related law. Three of the fifteen contributions have been abstracted separately. (HSCH) [de

  9. AGENCY CONTRACTS – EXISTING REGULATIONS IN ROMANIAN LAWS

    Directory of Open Access Journals (Sweden)

    Cristina Cojocaru

    2012-11-01

    Full Text Available Agency contracts are created as legal instruments with a highly important role for the business activity, given that they are the basis for professional intermediation. Regulations have changed in time, in an attempt to offer a better apprehension of the notion and applicability of this type of contract through the legislative framework. In Romanian law, this type of contract was regulated for the first time by Law no. 509 in 2002 on permanent commercial agents, law that was repealed when the new Civil Code came into force on October 1, 2011.

  10. Maritime environmental penal law. International and German legislation; Maritimes Umweltstrafrecht. Voelkerrechtliche Grundlagen und deutsches Recht

    Energy Technology Data Exchange (ETDEWEB)

    Eller, Jan Frederik

    2017-07-01

    The book on maritime environmental penal law discusses the following issues: part I: introduction into the importance of oceanic environment and its thread, requirement of protective measures,; part II: focus of the study and terminology: oceanic pollution, maritime environmental legislation, international legislation; part 3: international legislative regulations concerning the protection of maritime environment: avoidance of environmental pollution, maritime legislative agreements, existing protective institutions; part 4: state penal power concerning maritime environmental protection; part 5: statutory offense according to German legislation; perspectives for regulations concerning criminal acts on sea.

  11. 3-D bioprinting law regulation perspectives.

    Science.gov (United States)

    Pashkov, Vitalii; Harkusha, Andrii

    Achieved level of technical progress moves us closer and closer to practical use of 3-d bioprinting technologies in real life. Such perspective raise a wide variety of crucial legal issues from the acceptable model of regulation of the science and its' societal effects to problems of the commercialization of the technology and potential restrictions of its use. Some key points on concept of legal regulation of abovementioned sphere is a base of this study. Scientific discussion on 3-D bioprinting, European Union`s and US experience in patenting of 3-D bioprinting technologies, European Medicine Agency (EMA) or the US Food and Drug Administration (FDA) regulations, European Medical Technology Industry Association (EUCOMED) Acts. Article is based on dialectical, comparative, analytic, synthetic and comprehensive research methods. General debate of last few years comes down to an attempt to resolve hesitation between legal attempts for regulation of 3-D biobrinting and concept of complete prohibition of such activities. An adequate response to the mentioned challenge is a reasonable position between some aspects of prohibition and self-regulation, resulting in a moderate number of regulations and standards for developing and marketing. Such regulations may concern an intellectual property (IP) rights, regulation of distribution, premarket restrictions, control mechanism etc. Scientific approach and regulatory settlement of 3-D bioprinting sphere must unite to achieve a fair balance between the interests of humanity and of individuals - on the one hand, and development of science and business benefits for stakeholders - on the other. The main instruments for this must be balanced regulation of intellectual property (IP) rights, regulation of access and distribution, premarket restrictions, control mechanism etc.

  12. EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

    Directory of Open Access Journals (Sweden)

    Radu-Daniel LOGHIN

    2014-06-01

    Full Text Available In respect to financial reporting, statutory accounting standards and regulations form only a part of the normative landscape. Considering the case of common law countries, besides these classic sources of norms and practices there is an alternative base for exercising the professional judgement of the accountant, the case law precedents which drive and supplement in cases accounting regulations. For the purpose of this paper, goodwill accounting is explored from a normative perspective which draws from case law precedents in Zimbabwe and South Africa, two emerging common law countries which share a rich common law heritage, resulting in a set of findings relevant to the understanding of the nature of goodwill as well as an understanding of the factors which lead to early adoption of International Accounting Standards.

  13. Procedural problems in phase-out regulations in nuclear law

    International Nuclear Information System (INIS)

    Kloepfer, Michael

    2012-01-01

    The contribution discusses the legal regulations accompanying German nuclear policy during the past twelve years. There were several radical changes in 2002, 2010, and 2011 which reflect the opinions of the then German governments; some of these regulations, according to the author, were not compatible with German constitutional law.

  14. 19 CFR 122.2 - Other Customs laws and regulations.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 1 2010-04-01 2010-04-01 false Other Customs laws and regulations. 122.2 Section 122.2 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY AIR COMMERCE REGULATIONS General Definitions and Provisions § 122.2 Other Customs...

  15. Environmental laws in Pakistan with case la w analysis

    International Nuclear Information System (INIS)

    Khan, M.S.

    2005-01-01

    Laws of Nature should be respected in the interest of the human race. It is very hard to go against them. Doing so will only result in the subsequent devastation of this earth and its inhabitants. The literal meaning of environment is 'life around us in which we all exist'. The word environment caught world attention after various protest and demonstrations by environmentalists' during the early 70s. Issues like Deforestation, Industrialization and Pollution in the urban cities of Pakistan are constantly increasing and are affecting the quality of life significantly. Increasing drudgeries regarding environmental issues have forced governing bodies and jurists to take some pragmatic action in the form of environmental laws. The legislature, executive and judiciary of Pakistan have yet not adequately and effectively realized this hard fact. It is also aggravating that the courts of law are reluctant to take a stand on this hard-core issue of environmental protection and preservation. The era from 1983 to 1997 appears to be the period of heightened environmental awareness in Pakistan. The very first Environmental Protection Ordinance 1983 was promulgated in this period, which laid the foundation stone of a new environmental legal system for Pakistan. A campaign started which worked hard for the enactment of Environmental Protection Act, 1997. This Act is not the last step but the best prevailing and available remedy for environment control in Pakistan. This research paper aims to analyze the development of environmental laws in Pakistan, important environmental statutes enacted in Pakistan, implementation and enforcement mechanisms contained in the Pakistan Environmental Protection Act, 1997, environmental treaties effective for Pakistan, public interest litigation, judicial activism, conclusions and suggestions. Specific emphasis will be on case law and the interpretation of environmental issues by the Pakistani Courts. In the end the repercussions of environment

  16. Laws on Robots, Laws by Robots, Laws in Robots : Regulating Robot Behaviour by Design

    NARCIS (Netherlands)

    Leenes, R.E.; Lucivero, F.

    2015-01-01

    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

  17. TRANSBOUNDARY DAMAGE IN THE LIGHT OF INTERNATIONAL ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Oana Maria HANCIU

    2014-05-01

    Full Text Available Some activities that are useful for economic and social development of a State even if are not prohibited by national or international law can cause transboundary damages to other countries. This kind of transboundary damages have given rise to theories of State responsibility and a worldwide demand for increased environmental protection. "Under the principles of international law...no State has the right to use or permit the use of its territory in such a manner as to cause [environmental] injury ... in or to the territory of another or the properties of persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence." (Stockholm Principle 21 The paper analyses the impact of transboundary damage in the light of international environmental law and the increasing concern among States for environmental protection.

  18. Concurring Regulation in European Forest Law; Forest Certification and the New EU Timber Regulation

    NARCIS (Netherlands)

    Kistenkas, F.H.

    2013-01-01

    Newly made EU Timber Regulation (EUTR) may prima facie look like competing regulation and an overlap of the existing forest certification schemes of FSC and PEFC as also EUTR combats illegally harvested timber. The novel EUTR, however, is a public law scheme wheras FSC and PEFC are private law

  19. Can Environmental Laws Fulfill Their Promise? Stories from Canada

    Directory of Open Access Journals (Sweden)

    Nigel Bankes

    2014-09-01

    Full Text Available Canadian environmental law has changed dramatically over the last 50 years, responding to some of the flaws and weaknesses identified by commentators seeking to explain the continuing trend in environmental degradation. The aim of this article is to tell the story of three pieces of Canadian environmental legislation, the Alberta Land Stewardship Act, the federal Species at Risk Act, and Alberta’s Environmental Protection and Enhancement Act, with a view to exploring whether the environmental ambition underlying these pieces of legislation is being realized. Our overall conclusion is that there is a significant gap between the ambition of these three pieces of environmental legislation and their actual implementation but this gap arises from design choices made by the legislature and the executive, rather than something inherent in the law itself.

  20. Regulating professional behavior: codes of ethics or law? Suggested criteria.

    Science.gov (United States)

    Libman, Liron A

    2013-09-01

    This paper suggests considering a few parameters when making policy decisions as to the proper "tool" to regulate professional behavior: law or professional ethics. This is done on the background of understanding the place of codes of professional ethics between "pure" ethics and law. Suggested criteria are then illustrated using a few examples. Further discourse may reveal additional factors to support a more rational process of decision-making in this field.

  1. Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992; Neue Literatur zum Umweltrecht. Veroeffentlichungen im Zeitraum vom 1.7.1991 bis zum 30.6.1992

    Energy Technology Data Exchange (ETDEWEB)

    Lohse, S. [comp.; Doerner, E. [comp.

    1992-08-01

    The bibliography contains 1685 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.) [Deutsch] Die Bibliographie enthaelt 1685 Literaturzitate zu folgenden Themen: Umweltschutz im allgemeinen; Umweltverfassungsrecht, -verwaltungsrecht, -prozessrecht, -finanzrecht, -strafrecht, -privatrecht, -arbeitsrecht; Recht der raeumlichen Entwicklung; Naturpflegerecht; Gewaesserschutzrecht; Abfallrecht; Immissionsschutzrecht; Atom- und Strahlenschutzrecht; Energie- und Bergrecht, Gefahrstoff- und Umweltgesundheitsrecht. (orig.)

  2. Russian Environmental Law - an Overview For Business.

    NARCIS (Netherlands)

    D.N. Ratsiborinskaya (Daria)

    2010-01-01

    markdownabstractRussia has carried out major environmental policy reforms during its transition period since the early 1990s, including with respect to global issues such as climate change, loss of biodiversity and ozone layer depletion. In view of these changes, this chapter provides a brief

  3. Environmental regulation of exploration and mining operations in Asian countries

    International Nuclear Information System (INIS)

    Otto, J.; Naito, Koh; Pring, G.

    1999-01-01

    This paper offers a new perspective on the environmental laws in Asian nations affecting the exploration, mining, and reclamation activities of the mineral resource industry: the perspective of the senior government officials in those countries, whose job is to enforce these new environmental laws. The article presents the results of a 1998 survey of national environmental officials in Asia conducted by the Colorado School of Mines and the Metal Mining Agency of Japan. Officials in 10 diverse countries - Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, Mongolia, Philippines, Thailand and Vietnam - responded to a detailed questionnaire covering applicable laws, agencies, protected areas, covered mineral activities, financial assurance, environmental impact assessment, public involvement, environmental standards, permit and reclamation requirements. The survey confirms that Asian nations are part of the global trend towards national government regulatory structures that balance mineral development objectives with environmental considerations. The survey also shows developing regulatory systems (some embryonic, some more mature) utilizing a combination of mining and environmental acts, and often an 'insider' perspective of the national officials administering the laws. While that perspective is not without its biases (not least the rigor of enforcement), it may nevertheless be of use in company planning. The emerging regulatory picture contradicts the conventional notion that it is the 'lower' level of regulation in Asia that is attracting foreign direct investment in mining. (author)

  4. Protection of industrial and business secrets in environmental protection law

    International Nuclear Information System (INIS)

    Breuer, R.

    1986-01-01

    The author investigates the relation between environmental protection and data protection, especially concerning the protection of industrial and business secrets. For this kind of conflict there are only general administrative and procedural provisions with little systematic order. Special provisions of data protection covering all aspects of industrial and business secrets, as for example in social or tax law, do not exist in German law until now. (WG) [de

  5. New environmental criminal law, effects and enforcement in practice; Neues Umweltstrafrecht und betriebliche Praxis

    Energy Technology Data Exchange (ETDEWEB)

    Knopp, L.

    1994-11-20

    Since the November 1, 1994 a more comprehensive and clearly tighter environmental criminal law is in force. With the amendment of the law defects and gaps of the previous environmental criminal administrative offence law are to be closed in order to imporve also the efficient flight against behaviour or measures which are detrimental or harmful to the environment. The author explains the most important new regulations and shows the effects of the enforcement of the law in practice. (orig.) [Deutsch] Seit 1.11.1994 gilt ein erweitertes und deutlich verschaerftes Umweltstrafrecht. Mit der Gesetzesnovelle sollen Luecken und Maengel des bislang geltenden Umweltstraf- und Ordnungswidrigkeitenrechts beseitigt werden, um damit zugleich eine wirksamere Bekaempfung umweltschaedlicher und umweltgefaehrlicher Handlungen zu verbessern. Der Autor gibt einen Ueberblick ueber die wichtigsten Neuregelungen und zeigt die Auswirkungen fuer die betriebliche Praxis auf. (orig.)

  6. Fulfillment of the brazilian environmental law by hotel organizations.

    Directory of Open Access Journals (Sweden)

    Fernando Amorim da Silva

    2009-05-01

    Full Text Available Tourism has been indicated as alternative of economic growth without environmental degradation. However, there are evidences that tourism - considered a “clean” alternative of economic growth - can cause pollution. In this context, this article had the objective to analyze actions to fulfill environmental law in four hotel organizations. Methodology came from a multiple case study, carried through in four hotel organizations located in the Brazilian state of Santa Catarina. Data had been collected by non-participant observation, and by structuralized interview. The results indicated that those organizations fulfilled the law disposals applicable to them. It is concluded that the adequacy to the environmental law must be kept, to prevent the imposition of legal sanctions.

  7. Legal provisions governing technical installations, especially regulations of the Building Law, Trade-and-Industry Law, and Atomic Energy Law

    International Nuclear Information System (INIS)

    Nicklisch, F.

    1984-01-01

    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

  8. Environmental law, policy, and economics: reclaiming the environmental agenda

    National Research Council Canada - National Science Library

    Caldart, Charles C; Ashford, Nicholas Askounes

    2008-01-01

    ... of Information Regarding Chemical Risks 771 11 Enforcement: Encouraging Compliance with Environmental Statutes 807 12 Alternative Forms of Government Intervention to Promote Pollution Reduction 879 13 Polici...

  9. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-07-01

    The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary

  10. Networks, complexity and internet regulation scale-free law

    OpenAIRE

    Guadamuz, Andres

    2013-01-01

    This book, then, starts with a general statement: that regulators should try, wherever possible, to use the physical methodological tools presently available in order to draft better legislation. While such an assertion may be applied to the law in general, this work will concentrate on the much narrower area of Internet regulation and the science of complex networks The Internet is the subject of this book not only because it is my main area of research, but also because –without...

  11. Environmental regulation and technological innovation

    Energy Technology Data Exchange (ETDEWEB)

    Farrell, A.E. [Carnegie Mellon Electricity Industry Center, Pittsburg, PA (United States)

    2002-07-01

    Government policies are a major factor in the determination of structural conditions of competition. The innovative activity comprises the following: invention, adoption, and diffusion. Invention involves research and development activities such as patenting, research and development budgets. The adoption phase is concerned with deployment. As for the diffusion phase, it involves commercialization, and scale-economies. The process of introducing new technologies that are adopted by small numbers of customers in a niche market was explained. Once costs are lowered through experience gained in designing, manufacturing and servicing the new technology, mew applications generally lead to larger markets. Environmental technologies have no early adopters, implying that governments have an important role to play. However, commercial processes are not normally as well known to government as it is to the private sector. The electoral cycle also interferes with long term research and development efforts for technological clusters. A look at sulphur dioxide control at United States power plants illustrated the problem. The author then explained the reasons behind low allowance prices. Low-sulphur western coal was rendered economic in large areas of the United States by rail deregulation. Electricity restructuring was also a factor. The author indicated that binding government regulation must come before adoption and diffusion of emission controls. A summary of recent research was provided, in which the author stated that no single policy instrument was likely to properly stimulate innovative activity. In those cases where both supply and demand are stimulated by government, the technological innovation is greatest. Stringent regulations induce innovation, as do greater flexibility and greater regulatory certainty. Knowledge transfer within the industry is vital. 8 refs., 3 figs.

  12. Environmental protection law of the European Community (EU). Source index and content index including the jurisdiction of the European Court of Justice with actual jurisdiction service and special literature according to the individual legal regulations. 34. ed.; Umweltschutzrecht der Europaeischen Union (EU). Fundstellen- und Inhaltsnachweis, einschliesslich der Rechtsprechung des Europaeischen Gerichtshofes - EuGH; mit aktuellem Rechtsprechungsdienst und Spezialliteratur zu den einzelnen Rechtsvorschriften

    Energy Technology Data Exchange (ETDEWEB)

    Becker, Bernd

    2009-07-01

    The 34th edition of the source index of the environment law of the European Union contains the documentary evidence of the total jurisdiction of the European Court of Justice (Luxemburg) with respect to the following topics: (a) General infrastructure / integral environment law; (b) Nature protection, landscape protection as well as protection of species; (c) Dangerous materials and preparations; (d) Waste management law; (e) Water legislation; (f) environmental traffic law; (g) law of air pollution control of climate protection; (h) noise control; (i) environmental commercial law; (j) environmental law of energy.

  13. The Treaty of Lisbon and European Environmental Law and Policy

    NARCIS (Netherlands)

    Vedder, H.H.B.

    2010-01-01

    This contribution analyses the effects of the entry into force of the Treaty of Lisbon for European environmental law and policy. The central conclusion is that, apart from the new numbering and some new names for procedures and institutions, this does not entail any major changes. The new Energy

  14. Liability for contaminated property : the interaction between regulation and the common law

    Energy Technology Data Exchange (ETDEWEB)

    MacWilliam, A.G. [Milner Fenerty, Calgary, AB (Canada)

    1998-12-31

    The criteria used for guidelines by environmental regulators to set acceptable levels of contamination for the purposes of site remediation were discussed. For the purposes of liability under environmental legislation, the guidelines allow `persons responsible` for property contamination to have an idea of the extent to which they must remediate. The guidelines provide a standard of cleanliness which takes into account the protection of environmental quality and human health. This paper describes common law causes of action, including claims in tort and claims in contract. Issues of negligence, nuisance, and liability under Rylands v. Fletcher are also addressed.

  15. Environmentally Regulated Facilities in Iowa

    Data.gov (United States)

    Iowa State University GIS Support and Research Facility — A unique record for each facility site with an environmental interest by DNR (such as permits). This brings together core environmental information in one place for...

  16. Harnessing science for environmental regulation

    International Nuclear Information System (INIS)

    Graham, J.D.

    1991-01-01

    An introductory chapter by Graham frames the issues to be discussed; then the following three chapters describe the formation and character of three organizations. These chapters are written by authors who have each had an active management role in the organization they are writing about: Terry F. Yosie, now at the American Petroleum Institute, who staffed the SAB (Science Advisory Board) while he was at EPA; Robert A. Neal, who headed CIIT (Chemical Industry Institute of Toxicology) before leaving for a position at Vanderbilt University; and Thomas P. Grumbly, former executive director of HEI (Health Effects Institute) now president of Clean Sites, Inc. While these chapters are well written and make a vital contribution to the overall development of the book's themes, the most valuable and enjoyable parts of the book are the succeeding five chapters, which present case studies dealing with EPA's regulatory efforts on unleaded gasoline, perchloroethylene, formaldehyde, nitrates in drinking water, and carbon monoxide. Each of these case studies, nominally historical accounts of how one or more of these (three) organizations participated in the regulatory controversy, offer insight into the broader issues of dealing with, and incorporating into regulations scientific information that has high uncertainty. One of the richest aspects of the five case studies is the extensive use of referenced interviews with identified participants from all aspects of the regulatory process. This material illuminates the motivation, emotions, and goals of the different players, helping the reader to understand their positions and other issues, such as why industry pursues, and EPA and the environmental movement appear to resist, good science; what underlies EPA's preferences for one regulatory option over another; and why scientists are histant to give yes-or-no answers in accord with the real time needs of the regulatory agency

  17. Industrial Innovation and Environmental Regulation: Developing ...

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

    What role should governments play in protecting the environment and controlling the environmental impacts of industry? Do regulations benefit the environment, and how do they affect industrial innovation? Since the modern era of environmental management began in the early 1970s, regulations have been used with ...

  18. Frontiers of environmental regulation: environmental management systems: a regulator`s perspective

    Energy Technology Data Exchange (ETDEWEB)

    Stone, M.J. [South Australian Dept. of Mines and Energy, Adelaide, SA (Australia)

    1996-12-31

    Leading edge companies throughout the world have embraced management systems to achieve optimal sustainable performance in the ever changing business environment of the 1990s. Given that the natural environment and environmental performance have become major issues affecting organizations, the need for integrating environmental management with all the other components of an organization`s overall management approach is now widely recognized. This paper is organized in five parts. The first explores recently released environmental standards, the interim environmental management systems (EMS) general guidelines standard AS/NZS ISO 14004 (Int) and identifies how this has dealt with the regulator/community/company interface. The second identifies company requirements for addressing environmental issues. The third, considers regulatory theory to identify current requirements for an effective regulatory system and how this can interface with a company`s EMS. These form the basis in the fourth section for identifying some opportunities which occur at the company/ regulator interface. The fifth and final section draws a number of conclusions about the current frontiers of environmental regulation. The coincidence of the requirements of a regulatory framework with the areas of interface between what is referred to in the draft International Standard for EMS as `Interested Parties`, the regulators and community, are identified. (author). 1 tab., 2 figs., 20 refs.

  19. Nuclear energy: liability for damage to the environment according to the National Environmental Law

    International Nuclear Information System (INIS)

    Eiras, Sergio Alves; Couto, Roberto Toscano

    1995-01-01

    Liability for damage of the environment is the kind of subject which arouses heated debates in the nuclear energy field among the jurists. Brazil lacks a specific environmental law upon which settlement on questions of nuclear damage could be based. In spite of such lackness, considerable progress has been achieved with the obligatory elaboration of the Environmental Impact Assessment (EIA), the constitutional rules establishing competence and responsibilities on this matter, and some scattered laws. The objective of this work is to focus the responsibility of the Union that exercised the monopoly of nuclear activities, its agents and the team of experts which elaborate the EIA as well as the damage to the environment from a nuclear accident. This study is based on the legal definitions of nuclear reactor, radioactive waste and product, radioisotope, among others. It also focuses some proposed amendments of the law regulating both the civil and criminal liabilities for nuclear damage. (author). 7 refs

  20. Compliance with Environmental Regulations through Complex Geo-Event Processing

    OpenAIRE

    Federico Herrera; Laura González; Daniel Calegari; Bruno Rienzi

    2017-01-01

    In a context of e-government, there are usually regulatory compliance requirements that support systems must monitor, control and enforce. These requirements may come from environmental laws and regulations that aim to protect the natural environment and mitigate the effects of pollution on human health and ecosystems. Monitoring compliance with these requirements involves processing a large volume of data from different sources, which is a major challenge. This volume is also increased with ...

  1. Extended Producer Responsibility and corporate performance: Effects of environmental regulation and environmental strategy.

    Science.gov (United States)

    Peng, Benhong; Tu, Yu; Elahi, Ehsan; Wei, Guo

    2018-07-15

    feasible environmental laws and regulations. Copyright © 2018 Elsevier Ltd. All rights reserved.

  2. Administrative procedure by stages in the field of environmental law

    International Nuclear Information System (INIS)

    Salis, S.

    1991-01-01

    Governmental decisions concerning large-size projects with an impact on the environment and regional structure always have to cope with particularly complex conflicts of interest. Such projects therefore are not decided or licensed by one single move or act, but there are administrative procedures by stages provided for by the law. The procedure for licensing by stages creates a number of legal problems, especially concerning legal protection against partial licences, and their legal nature and binding effect. The author develops in this book an interdisciplinary system of rules of law and practice for procedure by stages, and presents a proposal for a more uniform approach and legislation. The book thus is a contribution towards in-system harmonisation of the procedural environmental law. (orig.) [de

  3. Environmental penal law - sword of Damocles above public officials?

    International Nuclear Information System (INIS)

    Fuehren, K.H.

    1987-01-01

    An office-holder is subject to punishableness according to art. 324 seq. Penal Code under the same conditions as a citizen. If the office-holder does not intervene in case of environmental delicts, the omission of a required measure is concerned. The constitutional supplement of art. 20 Fundamental Law will have for consequence a further aggravation of the punishableness of office-holders. (CW) [de

  4. Addressing environmental contamination through market regulations

    African Journals Online (AJOL)

    Contrary to the prevailing view that the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) law, which amended the US Toxic Substances Control Act (TSCA), is the 'gold standard' for chemical regulation, the central premise of this article is that the Frank R. Lautenberg Chemical Safety Act for the ...

  5. Federal Environmental Regulations Impacting Hydrocarbon Exploration, Drilling, and Production Operations

    Energy Technology Data Exchange (ETDEWEB)

    Carroll, Herbert B.; Johnson, William I.

    1999-04-27

    Waste handling and disposal from hydrocarbon exploration, drilling, and production are regulated by the US Environmental Protection Agency (EPA) through federal and state regulations and/or through implementation of federal regulations. Some wastes generated in these operations are exempt under the Resource Conservation and Recovery Act (RCRA) but are not exempt under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Superfund Amendments and Reauthorization Act (SARA), and other federal environmental laws. Exempt wastes remain exempt only if they are not mixed with hazardous wastes or hazardous substances. Once mixture occurs, the waste must be disposed as a hazardous material in an approved hazardous waste disposal facility. Before the Clean Air Act as amended in 1990, air emissions from production, storage, steam generation, and compression facilities associated with hydrocarbon exploration, drilling, and production industry were not regulated. A critical proposed regulatory change which will significantly effect Class II injection wells for disposal of produced brine and injection for enhanced oil recovery is imminent. Federal regulations affecting hydrocarbon exploration, drilling and production, proposed EPA regulatory changes, and a recent significant US Court of Appeals decision are covered in this report. It appears that this industry will, in the future, fall under more stringent environmental regulations leading to increased costs for operators.

  6. Integration of Environmental Education and Environmental Law Enforcement for Police Officers

    Science.gov (United States)

    Bovornkijprasert, Sravoot; Rawang, Wee

    2016-01-01

    The purpose of this research was to establish an integrated model of environmental education (EE) and environmental law enforcement (ELE) to improve the efficiency of functional competency for police officers in Bangkok Metropolitan Police Division 9 (MBP Div. 9). The research design was mixed methods of quantitative and qualitative approaches…

  7. e-compendium - Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014

    DEFF Research Database (Denmark)

    Steen, Ulla

    2014-01-01

    E-compendium Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014......E-compendium Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014...

  8. Stringency of environmental regulation and aquaculture growth

    DEFF Research Database (Denmark)

    Gedefaw Abate, Tenaw; Nielsen, Rasmus; Tveterås, Ragnar

    2016-01-01

    remarkable growth in aquaculture while others have stagnated or even declined have not been determined. In this article, we investigate whether environmental regulations have an impact on aquaculture growth. Using a cross-country regression analysis, we show that stringent environmental regulations......During the last three decades, aquaculture has been the fastest growing animal-food-producing sector in the world, accounting for half of the present seafood supply. However, there is a significant growth disparity among aquaculture-producing countries. The reasons why some countries have achieved...... are negatively related to aquaculture growth, whereas GDP growth has a positive effect. Countries often face a difficult balancing act between growth and environmental considerations when devising regulations. Our empirical results suggest that stricter environmental regulations in developed countries have...

  9. Industrial Innovation and Environmental Regulation: Developing ...

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

    2007-03-01

    Mar 1, 2007 ... Book cover Industrial Innovation and Environmental Regulation: ... in steering the behaviour of economic agents in industrial production. ... IDRC congratulates first cohort of Women in Climate Change Science Fellows.

  10. Retooling for new environmental regulations

    International Nuclear Information System (INIS)

    Levy, W.W.

    1997-01-01

    The petroleum industry is subject to regulations which require better management of emissions. This presentation discussed those regulations that dealt specifically with gasoline and diesel fuels and how they impact on vehicle emissions. The review showed that since 1975 the average fuel economy and improvements in tailpipe emissions for a light duty vehicle has increased significantly. Nitrogen oxide emissions were reduced by 94 per cent, carbon monoxide emissions were reduced by 96 per cent, and hydrocarbon emissions from tailpipes were reduced by 98 per cent. The phase-out of lead in fuel formulations, the controversy over the octane enhancing fuel additive MMT and a major study underway investigating the reduction of sulphur in gasoline, were also discussed. Future developments in regulations are likely to include capture of vapour emissions, mandatory inspection and maintenance programs, remote sensing of tailpipe emissions, and scrapping of old high emitting vehicles.5 figs

  11. The precautionary principle in international environmental law and international jurisprudence

    OpenAIRE

    Tubić, Bojan

    2014-01-01

    This paper analysis international regulation of the precautionary principle as one of environmental principles. This principle envisages that when there are threats of serious and irreparable harm, as a consequence of certain economic activity, the lack of scientific evidence and full certainty cannot be used as a reason for postponing efficient measures for preventing environmental harm. From economic point of view, the application of precautionary principle is problematic, because it create...

  12. Code of laws and regulations on atomic energy controls. Showa 53 ed.

    International Nuclear Information System (INIS)

    1978-01-01

    The code has collected above laws and regulations promulgated by 10th February, 1978 and they can be classified into following several categories. 1. Atomic Energy Basic Law and Atomic Energy Commission Establishment Law including their related government orders, regulations and rules. 2. The Law for Regulation of Nuclear Source Material, Nuclear Fuel Material and regulations, rules, instructions and guidelines. 3. The Law on Technical Criteria for the Prevention of Radiation Hazards and the Law Concerning the Prevention of Radiation Hazards due to Radioisotopes, etc. including their related government orders, regulations, rules and announcements. 4. The Law on Compensation for Nuclear Damage with its relating government order and the Law on Indemnity Agreement for Compensation of Nuclear Damage. 5. Laws for establishing those nuclear energy development organizations as Japan Atomic Energy Research Institute, Japan Nuclear Ship Development Agency and Power Reactor and Nuclear Fuel Development Corporation. 6. Other laws relating to atomic energy and radiation utilization including their pertaining regulations, rules, standards, etc. such as: Electricity Business Law; Land Transportation and Cars Law; Ships and Vessels Safety Law; Aviation Law; Employees' Health and Safety Law; Electricity Resources Development Law; and others

  13. Civil Law Obligations in the Financial Law Regulations A seminar at the Faculty of Law and Administration, Torun, 24 March 2015

    Directory of Open Access Journals (Sweden)

    Mirosław Bączyk

    2015-06-01

    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.

  14. ENVIRONMENTAL REGULATIONS AND TECHNOLOGY - THE ELECTROPLATING INDUSTRY

    Science.gov (United States)

    This 44-page Technology Transfer Environmental Regulations and Technology publication is an update of a 1980 EPA publication that has been revised to reflect changes in the EPA regulations, as well as in the pollution control technologies that affect the electroplating industry. ...

  15. Motivation for Compliance with Environmental Regulation

    DEFF Research Database (Denmark)

    Winter, Søren; May, Peter J.

    2001-01-01

    A combination of calculated, normative, and social motivations as well as awareness of rules and capacity to comply are thought to foster compliance with regulations. Hypotheses about these factors were tested with data concerning Danish farmers’ compliance with agro-environmental regulations....... Three key findings emerge: that farmers’ awareness of rules plays a critical role; that normative and social motivations are as influential as calculated motivations in enhancing compliance; and that inspectors’ enforcement style affects compliance differently from that posited in much of the literature...... compliance with social and environmental regulations....

  16. Motivational Postures and Compliance with Environmental Law in Australian Agriculture

    Science.gov (United States)

    Bartel, Robyn; Barclay, Elaine

    2011-01-01

    Motivational posture theory is applied and extended to the context of Australian agriculture and environmental regulation. Regulatory failure in this area has been observed but little was known of the compliance attitudes and behaviours of farmers prior to this study. Agriculture covers over 60% of Australia's land surface so this information is…

  17. Pollution Under Environmental Regulation in Energy Markets

    CERN Document Server

    Gullì, Francesco

    2013-01-01

    Pollution Under Environmental Regulation in Energy Markets provides a study of environmental regulation when energy markets are imperfectly competitive. This theoretical treatment focuses on three relevant cases of energy markets. First, the residential space heating sector where hybrid regulation such as taxation and emissions trading together are possible. Second, the electricity market where transactions are organized in the form of multi-period auctions. Third, namely natural gas (input) and electricity (output) markets where there is combined imperfect competition in vertical related energy markets.   The development of free or low carbon technologies supported by energy policies, aiming at increasing security of supply, is also explored whilst considering competition policies that reduce market power in energy markets thus improving market efficiency. Pollution Under Environmental Regulation in Energy Markets discusses the key issues of whether imperfect competition can lessen the ability of environmen...

  18. Are changes to be recommended in environmental penal law, in particular in connection with administrative law. Empfehlen sich Aenderungen im strafrechtlichen Umweltschutz, insbesondere in Verbindung mit dem Verwaltungsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Heine, G.; Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.))

    1988-01-01

    The expert opinion tries to point out basic problems and to make suggestions. It neither deals with every single issue of environmental penal law, nor does it offer an overall 'solution'. The authors have limited themselves to analyzing focal points, to summarizing the present state of discussions, and to adding new aspects, particularly with regard to criminological and comparative law. This results in concentrating on the 28th Section of StGB and its central protective functions; other (possible) regulation areas of substantive law are only considered in those cases where, in the latter context, the lack of them proves to be system-adverse and deficitary. Also, the formulated reform proposal only concerns this central area of environmental penal law. In the interest of what is possible, it centers on the conceptional facts of valid law. After an introduction, part 1 deals with: Stocktaking - basic principles and inadequacies of valid environmental penal law; part 2 with: Necessity and limits of reform. (orig.).

  19. The public principle of the EC environmental law. Das Oeffentlichkeitsprinzip des EG-Umweltrechts

    Energy Technology Data Exchange (ETDEWEB)

    Schwanenfluegel, M von

    1991-01-15

    The author discusses questions concerning the significance of the Directive on Free Access to Information Concerning the Environment approved by the European Council of Ministers on 7 June 1990 and first considers the relative importance of free access to information. Further sections deal with the right to information in the member states, EC environmental law and the information of the public. The essential regulations of the directive are presented in detail: the prehistory of the directive, aims, definition of 'information concerning the environment' and public authority, exceptions and procedures. In an outlook consequences for individual regulations of the Law on Administrative Procedures and the Rules of the Administrative Courts are addressed and the urgency of a corresponding ruling for the institutions of the Community themselves is pointed out; the Commission has already announced such a proposal. (RST).

  20. The regulation of Christian churches: Ecclesiology, law and polity

    Directory of Open Access Journals (Sweden)

    Mark Hill QC

    2016-11-01

    Full Text Available This article examines the internal regulation of religious organisations in terms of their law, order or polity. It offers a systematic comparative analysis of how different Christian traditions structure and regulate themselves. The resultant legal frameworks are expressive of the institutional self-understanding of particular churches and, as such, are a form of applied ecclesiology. The paper draws upon two ongoing research studies: the Colloquium of Anglican and Roman Catholic Canon Lawyers and the Christian Law Panel of Experts, the latter having submitted a detailed submission to the World Council of Churches’ Faith and Order Commission giving a legal critique of its recent document ‘Towards a Common Vision’. Through a detailed methodical and comparative analysis of the various structural and regulatory formulae adopted by the different branches of the Christian family, profound similarities are discernible that are redolent with deeper theological significance. This research represents an emergent platform capable of being utilised within the ecumenical endeavour to give traction in the movement towards greater visible unity in the 21st century.

  1. Environmental law. Important laws and ordinances for environmental protection. As of July 1, 1989. [Full text edition with detailed index and an introduction by Prof. Dr. P. C. Storm]. Umweltrecht. Wichtige Gesetze und Verordnungen zum Schutz der Umwelt. Stand 1. Juli 1989

    Energy Technology Data Exchange (ETDEWEB)

    1989-01-01

    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.).

  2. 42 CFR 405.1063 - Applicability of laws, regulations and CMS Rulings.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 2 2010-10-01 2010-10-01 false Applicability of laws, regulations and CMS Rulings... Medicare Coverage Policies § 405.1063 Applicability of laws, regulations and CMS Rulings. (a) All laws and... the MAC. (b) CMS Rulings are published under the authority of the Administrator, CMS. Consistent with...

  3. The rule of law approach to regulating electricity supply in Nigeria ...

    African Journals Online (AJOL)

    Journal of Sustainable Development Law and Policy (The) ... It assesses potential conflict between principles of market orthodoxy and those of constitutional governance and argues for a rule-of-law approach to regulation post-privatization ... Keywords: Liberalization, Privatization, Regulation, Market Efficiency, Rule of Law ...

  4. 76 FR 74755 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2011-12-01

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations AGENCY: Office of Procurement and... Agriculture Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law... respects and follows the policies and laws regarding worker labor protections particularly as they [[Page...

  5. 77 FR 5750 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2012-02-06

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations; Withdrawal AGENCY: Office of... Agriculture Acquisition Regulation at subpart 422.70 entitled ``Labor Law Violations'' that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that...

  6. 76 FR 74722 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2011-12-01

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations AGENCY: Office of Procurement and... Acquisition Regulation (the ``AGAR'') to add a new clause at subpart 422.70 entitled ``Labor Law Violations... objectives, this proposed rule adds a subpart and clause entitled Labor Law Violations to the Agriculture...

  7. Actors or Spectators? Vulnerability and Critical Environmental Law

    Directory of Open Access Journals (Sweden)

    Andreas Philippopoulos‐Mihalopoulos

    2013-12-01

    Full Text Available The question of whether we as humans should remain spectators of the great theatre of ecological disaster or become actors is a false dichotomy. In this chapter, I argue that both are needed, since the critical distance of spectatorship does not annul the need for immersion in the ecological continuum. A tool in the realisation of this is the concept of vulnerability, which is here conceptualised as a space of ‘the middle’ (as opposed, emphatically, to ‘the centre’ and offers an opportunity to think away from the sterile debate on eco/anthropocentricity and from such limiting hierarchies as animal/human, human/environmental, natural/artificial. This new, vulnerable position of the middle allows the reconfiguration of ecological processes, and more specifically, the position of environmental law in relation to them. Environmental law now finds itself amidst a new, moving, ‘open ecology’ of social, biological and ecological processes. This is a new, radical conceptualisation of what I have called ‘critical environmental law’, based upon an epistemology of observation and an ontology of being part of this open ecology. Environmental law, in this light, is simultaneously reformulated as being an invitation to disciplinary and ontological openness and yet a call to remain immanent within existing legal structures. This finds expression in four critical environmental positions that set the stage for the further elaboration of a critical environmental law. La cuestión de si nosotros, como seres humanos, debemos seguir siendo espectadores del gran teatro de la catástrofe ecológica o convertirnos en actores es una dicotomía falsa. En este artículo se sostiene que ambos son necesarios, ya que la distancia crítica del espectador no anula la necesidad de una inmersión en el continuum ecológico. Una herramienta para la realización de esto es el concepto de vulnerabilidad, que aquí se concibe como un espacio 'intermedio' (en oposici

  8. European emission trading, renewable energy law and the law of governmental environmental allowances; Europaeischer Emissionshandel, Erneuerbare-Energien-Gesetz und das Recht der Umweltbeihilfen. Plaedoyer fuer einen ''more environmental approach'' im EU-Wettbewerbsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Jacobs, Max

    2016-07-01

    The book on European emission trading, renewable energy law and the law of governmental environmental allowances covers the following issues: The European emission trading system and the European law on competition, the European emission trading system and competitive concerns; The European renewable energy law and the European law on competition, The European renewable energy law and competitive concerns; environmental protection the European competition policy.

  9. Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA Law and Sustainable Development

    Directory of Open Access Journals (Sweden)

    T Murombo

    2008-10-01

    Full Text Available One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.

  10. Decree 435/994 Environmental Impacts : establish a standard joint complex named Evaluation Regulations

    International Nuclear Information System (INIS)

    1994-01-01

    The Regulation of Evaluation of environmental Impact in the chapter I art.2 item 14 it establishes that It will require the previous Environmental Authorization the activities that refer to the construction of production factories and transformation of Nuclear Energy r, without damage of that settled down for the articulate 215 of the law 16.226 of October 29 1991 [es

  11. The Law Applicable to Contractual Obligations: The Rome I Regulation in Comparative Perspective

    OpenAIRE

    De Miguel Asensio, Pedro Alberto

    2014-01-01

    The Law Applicable to Contractual Obligations: The Rome I Regulation in Comparative Perspective I. Introduction II. Party Autonomy III. Applicable Law in the Absence of Choice IV. Protection of Weaker Parties V. Overriding Mandatory Rules and Public Policy

  12. The French electricity policy facing European integration and environmental law

    International Nuclear Information System (INIS)

    Begue, M.C.

    2004-02-01

    The french electricity policy is traditionally defined by public authorities. The preference for nuclear power implies great risk and severe damage to the environment. These features of french electricity policy are however questioned by the increasing influence of european law and the (relatively) recent recognition of the environmental issues of such policy. This thesis intends to study the consequences of two 'new' tendencies that seem to be inevitable in the field of electricity policy: the decreasing role of national public authorities and the diffusion of the concept of sustainable development. The theoretical model which underlies the organization of commercial exchanges is replacing the traditional intervention of the State. regarding of this basic good. The adoption of legal rules to organize the electricity market has involved the development of many economic instruments. Those instruments aim at modifying the electricity policy in accordance with the principle of integration of environmental dimension in sectoral policies. The main object of our work is to analyse the consequences of these changes in the concept of public utility as well as in the importance given to environmental protection in the new forms of electricity policies. (author)

  13. Collection of laws and ordinances concerning regulation of atomic energy, 1991 edition

    International Nuclear Information System (INIS)

    1990-01-01

    This is the collection of the laws and ordinances on the regulation of atomic energy, 1991 edition, published under the supervision of Nuclear Safety Bureau, Science and Technology Agency. First, the abbreviated indication of the laws and ordinances is shown. The contents are those as of September 30, 1990. 12 basic laws and ordinances, 45 laws and ordinances on the regulation of nuclear raw materials, nuclear fuel materials and nuclear reactors, 26 laws and ordinances on the prevention of the radiation injuries due to radioisotopes and others, and 29 related laws and ordinances are collected in this book. (K.I.)

  14. The Hungarian environmental private law under the influence of jus publicum

    Directory of Open Access Journals (Sweden)

    Julesz Máté

    2016-01-01

    Full Text Available The relationship between environmental public law and environmental private law is of a growing significance. Not only environmental criminal law has an effect on environmental private law, but, since the beginning of the new legal, economic and political era in 1989, private law elements are also to be found in the environmental administrative law. The reciprocity between environmental private and administrative law is clear-cut. Private law institutions, like injunction or deposit, are upheld in environmental administrative contracts. The effect of an administrative ruling has legal consequences in the relationship between, e.g., neighbors: there are cases in which a noisy neighbor can be brought before the public administration. The objective liability in the field of environmental private law is accepted by the courts and by the citizens. The level of objectivity may, though, vary from country to country. In the practice of the Hungarian environmental private law, after 3 years, the objective liability is subrogated by a subjective liability, this latter one making exculpation easier. The res ipsa loquitur liability in space law is not an absolute liability, though it establishes a praesumptio juris that the environmental damage caused by a space object (e.g. a satellite is to be covered by the state which has sent the satellite into space. The presumption is, though not easily, rebuttable. In the Hungarian case law, objective environmental liability has been applied sub judice since the novella of the Civil Code in 1977. This novella made environmental private law a part of environmental law. The novella of the Civil Code was preceded by the Act on Environmental Protection of1976. The importance of economics in environmental private law has only recently been accepted by the Hungarian legal science. The role of the Coase theory is indisputable. The environmental private law is quite a new phenomenon in the Hungarian legal science, however

  15. Sustainable mining, local communities and environmental regulation

    Directory of Open Access Journals (Sweden)

    Kokko Kai

    2015-12-01

    Full Text Available Sustainable mining is an objective as well as a tool for balancing economic, social, and environmental considerations. Each of these three dimensions of mining – and sustainable development – has many components, some of which were chosen for closer study in the SUMILCERE project. While there is no single component that in itself provides a definitive argument for or against sustainable mining, the research reveals some that have proven valuable in the process of balancing the different dimensions of sustainability. In the SUMILCERE project, comparative studies enabled us to identify factors such as the following, which are essential when discussing the balancing in practice of the three dimensions of sustainable mining cited above: the framework and functionality of environmental regulation to protect the environment (environmental sustainability; competitiveness of the mining industry in light of environmental regulation and its enforcement (economic sustainability; public participation and the opportunities local communities have to influence their surroundings, as well as communities’ acceptance of projects (social sustainability before and during operations; and the protection of Sámi cultural rights in mining projects (social and cultural sustainability. Although each of the three dimensions of sustainability leaves room for discretion in the weight assigned to it, ecological sustainability, protected by smart environmental regulation and minimum standards, sets essential boundaries that leave no room for compromises. Economic and social sustainability are possible only within these limits. Details of the analyses in the Kolarctic area and accounts of the methods used can befound in the cited SUMILCERE articles.

  16. 16 CFR 304.4 - Application of other law or regulation.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Application of other law or regulation. 304.4 Section 304.4 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS RULES AND REGULATIONS UNDER THE HOBBY PROTECTION ACT § 304.4 Application of other law or...

  17. Environmental penal law. Legal foundations, aspects of administrative law, practical applications. Umweltstrafrecht. Gesetzliche Grundlagen, verwaltungsrechtliche Zusammenhaenge und praktische Anwendung

    Energy Technology Data Exchange (ETDEWEB)

    Meinberg, V. (Max-Planck-Institut fuer Auslaendisches und Internationales Strafrecht, Freiburg im Breisgau (Germany, F.R.)); Moehrenschlager, M. (Bundesministerium der Justiz, Bonn (Germany, F.R.)); Link, W. (eds.)

    1989-01-01

    The book intends to present the complexity of the penal code pertaining to environmental protection including the law on environmental offences in a way which makes the subject understandable for the reader. It is therefore not limited to the criminal law proper but looks at the administrative background and aspect of legal proceedings under these laws. Each area is dealt with by specialists from science and practice. The book is adressed to the experts in judiciary administration, industry, science and the interested layman. (orig.).

  18. Environmental radiation exposure: Regulation, monitoring, and assessment

    International Nuclear Information System (INIS)

    Chen, S.Y.; Yu, C.; Hong, K.J.

    1991-01-01

    Radioactive releases to the environment from nuclear facilities constitute a public health concern. Protecting the public from such releases can be achieved through the establishment and enforcement of regulatory standards. In the United States, numerous standards have been promulgated to regulate release control at nuclear facilities. Most recent standards are more restrictive than those in the past and require that radioactivity levels be as low as reasonably achievable (ALARA). Environmental monitoring programs and radiological dose assessment are means of ensuring compliance with regulations. Environmental monitoring programs provide empirical information on releases, such as the concentrations of released radioactivity in environmental media, while radiological dose assessment provides the analytical means of quantifying dose exposures for demonstrating compliance

  19. Revenue rules when environmental regulation agencies collude

    International Nuclear Information System (INIS)

    Gaarn Hansen, L.

    1994-01-01

    In this paper the welfare implications of earmarking of revenues from environmental taxes in analyzed using a principal-agent model in the incomplete contracting tradition of constitutional design. In the model the public has very limited knowledge of the emissions problem to be regulated. Government has full knowledge and is given a general mandate to regulate, however government may be biased toward an interested party. To curb the welfare effects of government bias the public may either earmark revenues from environmental taxes for environmental expenditures or for transfers to the polluters. We find that earmarking for transfers to the polluters (under certain conditions) can be expected to maximize welfare when government bias is strong and the direction of bias is uncertain. (au) 10 refs

  20. Comparative environmental law and orientalism : reading beyond the 'text' of traditional knowledge protection

    OpenAIRE

    Vermeylen, Saskia Anna Filip

    2015-01-01

    This article uses traditional knowledge as a case study to address multiple discussions in the field of comparative law. First, it addresses the theoretical challenge of the role of comparative law as a critical research tool in the development of environmental law. Second, within the context of transnational legal processes, it questions the extent to which comparative law as a method can further the relationship between different levels of law making by distinct legal actors. It is timely t...

  1. Environmentally Friendly Concept in Spatial Regulation

    Directory of Open Access Journals (Sweden)

    T Taryono

    2004-01-01

    Full Text Available Spatial order of a region include purpose of structure and interrelatedness of spatial order which as a unity of development mechanism. Spatial order can’t be part from law basic that is UUD’45 and GBHN, in order to the management can be integrated and keep the environment. Spatial order also take note of physical factor and non physical factor. Physical factor consist of soil, water, flora, and fauna. Non physical factors consist of environment, social, economic, and soon. The principle of arrangement of spatial order in a region include national region, regional and local, and a region as an administrative baoundary, that is local government authority, like province, district, subdistrict, and village. The effort for spatial ordering of the environment, for example ordering resource, arrangement of allocation and location, arrangement of environmental aesthetic  and arrangement of environmental quality.

  2. California's privacy pileup. New state laws meet even newer federal regulations.

    Science.gov (United States)

    Dimick, Chris

    2009-08-01

    In California, teasing apart state and federal breach notification laws highlights the challenges organizations everywhere face in determining their responsibilities under ARRA's new privacy regulations.

  3. Innovative Research on Teaching Model of Environmental Law Courses in China

    OpenAIRE

    Yuling Li

    2013-01-01

    At present, the teaching model of environmental law courses in China is mainly lecture-based learning (LBL) teaching model whose disadvantages are closeness, unidirection and weak teaching practice. This model does not fit in with the characteristics of environmental law courses and the objective changes of ecological civilized society for the demand of talents of environmental law. Therefore, we should actively reform the current single teaching model, learn from foreign advanced teaching co...

  4. Environmental policy and industrialization: The politics of regulation in Puerto Rico

    International Nuclear Information System (INIS)

    Concepcion, C.M.

    1990-01-01

    The effects of economic development on environmental regulation in Puerto Rico are examined. In particular, the research analyzes how the Puerto Rican industrialization process has affected implementation of the environmental-review process. Puerto Rico exemplifies an acute conflict between an industrialization process based on capital-intensive, highly polluting industries, and a regulatory framework of insular and US environmental laws and regulations. While industrialization has not solved unemployment problems on the island, environmental and health hazards have increased significantly, despite environmental regulations. The study focuses on a change in the environmental review process in response to economic development concerns. In particular, it examines the growth and extensive use of a new environmental review document, the Environmental Assessment. This study explains this policy shift and, more fundamentally, analyzes how and under what circumstances this change came about

  5. Globalization of environmental regulations for offshore E & P operations

    Energy Technology Data Exchange (ETDEWEB)

    Shannon, B.E.

    1995-12-31

    One of the enduring legacies of the Rio Environmental Summit of 1992 (United Nations Conference on Environment and Development, UNCED) is Agenda 21 (Chapter 17 - Protection of the Oceans), which among other things called for the assessment of the need for a global authority to regulate offshore Exploration & Production (E&P) discharges, emissions and safety. Despite advice to the contrary from the International Maritime Organization (IMO), interest is building within the European community for the standardization of regulations for offshore E&P activities. Several international of regulations for offshore E&P activities. Several international frameworks or forums have been mentioned as possible candidates. These include the United Nations Convention on the Law of the Sea, 1982 (UNCLOS); London Convention 1972 (LC 1972) and the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL) 73/78. International offshore oil and gas operators operate within requirements of regional conventions under the United Nations Environmental Program`s (UNEP) - Regional Seas Program. Domestic offshore operations are undertaken under the auspices of the U.S. Environmental Protection Agency and Minerals Management Service.

  6. Environmental Regulation Impacts on Eastern Interconnection Performance

    Energy Technology Data Exchange (ETDEWEB)

    Markham, Penn N [ORNL; Liu, Yilu [ORNL; Young II, Marcus Aaron [ORNL

    2013-07-01

    In the United States, recent environmental regulations will likely result in the removal of nearly 30 GW of oil and coal-fired generation from the power grid, mostly in the Eastern Interconnection (EI). The effects of this transition on voltage stability and transmission line flows have previously not been studied from a system-wide perspective. This report discusses the results of power flow studies designed to simulate the evolution of the EI over the next few years as traditional generation sources are replaced with environmentally friendlier ones such as natural gas and wind.

  7. Environmental law. A course of lectures for a cross-disciplinary audience

    International Nuclear Information System (INIS)

    Schulte, H.

    1999-01-01

    Readers interested in getting more insight in the legal framework available for supporting environmental protection policy will find a comprehensive picture of the environmental law applicable in Germany. The format chosen for the book is that of a lecture series, so that the reader is given step-by-step orientation and systematic guidance in approaching the complex material. The positive law and the underlying scientific systems are explained. An introductory part discusses the legal instruments available for enforcement of environmental law, the position of environmental law within the entire legal system of Germany, as well as relevant aspects of the law of the European Union, and international law. The subsequent chapters present an exhaustive survey of the subjects and objectives of German environmental law, as well as the legal practice and the issues involved. The chapters' headings read as follows: Abatement and control of emissions; the structure and functions of the state; administrative powers and action; civil rights and environmental protection; atomic energy law; water protection; waste management; nature conservation; the law on chemicals; the law relating to genetic engineering. The final chapter discusses aspects of environmental liability. (orig./CB) [de

  8. Citizen Participation, Access to Environmental Information and Education in Uruguayan Environmental Law

    Directory of Open Access Journals (Sweden)

    Gonzalo Iglesias Rossini

    2014-06-01

    Full Text Available Our country has followed a clear trend towards the recognition of various mechanisms of citizen participation and access to public information regarding environmental issues A few years ago, if, for instance, a person or group of people, concerned about the potential environmental impact caused by the establishment of a factory in their neighborhood, requested information from the Authorities, such request would have most likely been rejected. At present, there is a clear law-making policy towards acknowledging the possibility for a diversity of social players to be involved at different levels. In a State structured under a social rule of law, both community participation and civil society access to information in possession of the State, regarding issues that may affect the environment, are fundamental rights. Both concepts, information and participation, must go hand in hand, as the first operates as a condition to exercise the second. Civil society involvement in an environmental issue could never occur if, for instance, information held by the Government is not made available. In addition to protecting fundamental human rights, these concepts are enshrined in participatory democracy. They also enable civil society to be involved in environmental pollution issues. This paper is intended to provide a detailed research on the different instruments enshrining citizen participation and access to public information about environmental issues.

  9. 77 FR 5714 - Office of Procurement and Property Management; Agriculture Acquisition Regulation, Labor Law...

    Science.gov (United States)

    2012-02-06

    ... Management; Agriculture Acquisition Regulation, Labor Law Violations; Withdrawal AGENCY: Office of... 422.70 entitled ``Labor Law Violations'' that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that, to the best of its knowledge...

  10. The Regulation of Acid Mine Drainage in South Africa: Law and Governance Perspectives

    Directory of Open Access Journals (Sweden)

    Loretta Feris

    2014-12-01

    Full Text Available Acid mine drainage (AMD is arguably one of the most serious environmental concerns in South Africa. AMD is a legacy left behind by abandoned, derelict and defunct mines, and is a continuing by-product of existing mining activities. In addition to its environmental impacts, AMD will also impact on all the parameters of sustainability, including ecological, social and economic concerns. In particular, AMD is set to affect infrastructure, displace people and affect their livelihoods, influence economic activity, impact on the resource extraction industry, and affect South Africa's policies and actions in relation to climate change and its efforts to move towards a low carbon economy; and it will test the efficiency of regulatory interventions emanating from both the private and the public sector to the extreme. Given these pervasive challenges, in this article we provide a survey of the AMD problem in South Africa through the law and governance lens. We commence by highlighting the various issues and challenges that result from AMD in the environmental context on the one hand, and the law and governance context on the other hand. We then describe the many provisions of the regulatory framework that we believe would be instrumental in responding to the threat. We conclude the article with brief remarks on what we believe are important considerations in the future regulation of AMD.

  11. Theses on the systematization of environmental law (relevant to regional planning)

    International Nuclear Information System (INIS)

    Erbguth, W.

    1987-01-01

    The 'Central Institute for Regional Planning' (Zentralinstitut fuer Raumplanung) of the University of Muenster carried out an extensive study on the systematization of environmental law. Hence it follows that particularly in the field of atomic law and the law for the protection against nuisance a landwide homogeneous planning level is missing. (WG) [de

  12. Environmental Regulation in Uganda: Successes and Challenges - Comment

    Directory of Open Access Journals (Sweden)

    Christine Echookit Akellol

    2007-06-01

    Full Text Available The development of environmental regulatory framework in Uganda was initiated by the national environment action planning process in 1990, as a realization that environment needed special focus. As a result of the said process environmental policy and law were developed. The 1995 constitutional of the Republic of Uganda was among the first ever such constitution in the East African region to deliberately enshrine the right to a decent environment and to provide for sustainable development, in addition to the principle that natural resources are held in trust for the people and should be responsibly managed for their benefit. Following the constitution, a number of environment legislations were enacted and others were revised to take into account environmental cardinal principles and considerations, including embedding in them environmental regulatory provisions. Hence, in addition to the framework of National Environment Act, a number of environment sect oral legislation exists and environmental management is spread throughout the respective institutions responsible for aspects of the environment. It is therefore safe to say that Uganda has developed a lot of legislation on the environment but the challenge remains that of developing more regulations under the relevant parent Acts, effective monitoring and enforcement.

  13. Environmental law issues: Offshore oil and gas activities and tanker transportation

    International Nuclear Information System (INIS)

    Chapman, P.M.

    1991-01-01

    The environmental law issues that arise from offshore oil/gas activities and petroleum transport are reviewed, focusing on marine oil pollution and especially on the issues surrounding accidental spills. Some observations are offered on the context of these issues, namely on the risks of oil spills, the difficulty of spill response in the ocean and on shorelines, and the possible environmental damage. Environmental control of petroleum operations is discussed with reference to Canadian regulation, the primary source of which is the Oil and Gas Production and Conservation Act. These regulations require developmental approval for offshore operations, formulation of plans for foreseeable spill emergencies, and compensation to those affected by spills, notably those in the fishing industry. Ship-source oil pollution and spill compensation is discussed with reference to international agreements and the Canada Shipping Act. Some problems and trends with oil spill compensation and recovery for environmental damage are noted in such areas as tanker ship standards, cleanup capabilities, and inadequacy of spill penalties and compensation. 18 refs., 1 fig

  14. State-wide Regulation of Smoking Law in Lagos state Nigeria?

    Directory of Open Access Journals (Sweden)

    Oluwakemi Ololade Odukoya

    2016-07-01

    Awareness of the State Regulation of smoking law was low however ,many of the workers support many aspects of the law. They however, believed the law would negatively impact revenue. Mechanisms to educate these workers and deal with their misconceptions of the perceived negative effects of the law should be implemented. Monitoring the awareness and support of these workers for smoke-free legislation is essential, in line with the guidelines for Article 8 of the WHO FCTC.

  15. Information Sources on U. S. Radio Regulations in the Law Library.

    Science.gov (United States)

    Lockwood, James D.

    An annotated bibliography gives the radio regulations in the U.S., using sources available in the University of Michigan Law Library as well as the University of Michigan Libraries. Information is applicable to other law, university and public libraries. Relevant material on television regulations is included. Listings cover federal agencies, card…

  16. 42 CFR 423.2063 - Applicability of laws, regulations and CMS Rulings.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Applicability of laws, regulations and CMS Rulings..., ALJ Hearings, MAC review, and Judicial Review § 423.2063 Applicability of laws, regulations and CMS... on ALJs and the MAC. (b) CMS Rulings are published under the authority of the CMS Administrator...

  17. The purpose of uniform choice-of law rules: the Rome II Regulation

    NARCIS (Netherlands)

    de Boer, T.M.

    2009-01-01

    The year 2009 marks the entry into force of the first two EC regulations on choice of law: one on torts and other non-contractual obligations (‘Rome II’), and one on contracts (‘Rome I’). In both regulations, the need for uniform choice-of-law rules is explained, generally, in the preamble. In ‘Rome

  18. 5 CFR 2636.302 - Relationship to other laws and regulations.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Relationship to other laws and... Employees § 2636.302 Relationship to other laws and regulations. The limitations and restrictions contained... applicable standards of conduct or by reason of any statute or regulation relating to conflicts of interest...

  19. 42 CFR 9.13 - Other federal laws, regulations, and statutes that apply to the sanctuary.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Other federal laws, regulations, and statutes that apply to the sanctuary. 9.13 Section 9.13 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND... SANCTUARY SYSTEM § 9.13 Other federal laws, regulations, and statutes that apply to the sanctuary. (a...

  20. Opportunities of education in of environmental law in the form of e-learning

    International Nuclear Information System (INIS)

    Jurik, L.

    2005-01-01

    The environmental laws were originated as a result of endeavour about solving of unfavourable anthropogenic influences on the environment. In this presentation author presents system of e-learning of environmental laws. Historical aspects and principles of e-learning are discussed

  1. Transfrontier environmental protection and German penal law. Grenzueberschreitende Umweltbelastungen und deutsches Strafrecht

    Energy Technology Data Exchange (ETDEWEB)

    Forkel, H.W.

    1988-01-22

    The author investigates the problem of how far German penal law is valid in case of transfrontier environmental pollution. He distinguishes between cases in which the interests of Germany and the neighbour state are congruent, and cases in which they are not congruent. According to the author, German law should be applied in cases where the other country has no environmental penal legislation, and where the emissions exceed the limits set by German and foreign law. (orig./HSCH).

  2. Environmental regulations and their effects on the nuclear regulator

    International Nuclear Information System (INIS)

    McManus, J.G.

    1994-01-01

    Environmental regulations are discussed from the point of view of the Canadian Atomic Energy Control Board (AECB). The AECB's mission includes the environment, namely 'to ensure that the use of nuclear energy in Canada does not pose any undue risk to health, safety, security or the environment'. The regulatory process was governed by the Atomic Energy Control Act, which at the time of the conference was outdated and due for replacement by a new version, and by the Environmental Assessment and Review Process Guidelines Order, which was due to be replaced by the Canadian Environmental Assessment Act, still not in force at the time of the conference. Through court decisions, the Guidelines Order had effectively acquired statutory authority. Public hearings and review can result in some considerable delay to the approval of a project, yet the AECB has no choice but to ensure that the requirements of the Guidelines Order are fulfilled. Collaboration between the federal and provincial governments is very evident in Saskatchewan. Of six mining projects being considered by the AECB, five were being reviewed by a joint federal provincial panel. For the future, it was hoped that the new Atomic Energy Control Act would increase fines and the powers of inspectors, require financial guarantees for decommissioning, regularize cooperation with the provinces, and empower the AECB to hold hearings that could effectively substitute for those prescribed by the Canadian Environmental Assessment Act

  3. Emergence of robust growth laws from optimal regulation of ribosome synthesis.

    Science.gov (United States)

    Scott, Matthew; Klumpp, Stefan; Mateescu, Eduard M; Hwa, Terence

    2014-08-22

    Bacteria must constantly adapt their growth to changes in nutrient availability; yet despite large-scale changes in protein expression associated with sensing, adaptation, and processing different environmental nutrients, simple growth laws connect the ribosome abundance and the growth rate. Here, we investigate the origin of these growth laws by analyzing the features of ribosomal regulation that coordinate proteome-wide expression changes with cell growth in a variety of nutrient conditions in the model organism Escherichia coli. We identify supply-driven feedforward activation of ribosomal protein synthesis as the key regulatory motif maximizing amino acid flux, and autonomously guiding a cell to achieve optimal growth in different environments. The growth laws emerge naturally from the robust regulatory strategy underlying growth rate control, irrespective of the details of the molecular implementation. The study highlights the interplay between phenomenological modeling and molecular mechanisms in uncovering fundamental operating constraints, with implications for endogenous and synthetic design of microorganisms. © 2014 The Authors. Published under the terms of the CC BY 4.0 license.

  4. Protecting the environment for future generations. Principles and actors in international environmental law

    Energy Technology Data Exchange (ETDEWEB)

    Proelss, Alexander (ed.) [Trier Univ. (Germany). Inst. of Environmental and Technology Law

    2017-08-01

    This book compiles the written versions of presentations held at the occasion of an international symposium entitled ''Protecting the Environment for Future Generations - Principles and Actors in International Environmental Law''. The symposium was organized by the Institute of Environmental and Technology Law of Trier University (IUTR) on the basis of a cooperation scheme with the Environmental Law Institute of the Johannes Kepler University Linz, Austria, and took place in Trier on 29-30 October 2015. It brought together a distinguished group of experts from Europe and abroad to address current issues of international and European environmental law. The main objective of the symposium was to take stock of the actors and principles of international and European environmental law, and to analyze how and to what extent these principles have been implemented on the supranational and domestic legal levels.

  5. The new Portuguese law on surrogacy - The story of how a promising law does not really regulate surrogacy arrangements.

    Science.gov (United States)

    Raposo, Vera Lúcia

    2017-09-01

    Since 2006, surrogacy arrangements have been expressly forbidden within the Portuguese legal order, in any one of its forms, and in some situations, it has even been criminalised. However, since August 2016, surrogacy has been allowed under certain restrictive scenarios, providing it follows several prerequisites. In spite of this progress, the 2016 amendment to the law has not been immune to criticism. One of its most debatable aspects is the lack of the surrogate's right to regret, although it is doubtful that surrogacy contracts will be enforced against a surrogate's wishes. But the weakest point of the new law is its failure to address some of the nuclear issues of surrogacy contracts, leaving solutions either to general contract law or to the clauses stipulated by the parties. Furthermore, it is unclear which clauses are allowed and which are forbidden under the law. This study describes the content of the new Portuguese surrogacy law, exposes its main fragilities and suggests solutions for matters not covered by the law. The conclusion is that a law full of promise fails regarding the issues it is supposed to regulate.

  6. Environmental regulations and industrial competitiveness: evidence from China

    NARCIS (Netherlands)

    S. Stavropoulos (Spyridon); R.S. Wall (Ronald); Xu, Y. (Yuanze)

    2017-01-01

    textabstractEconomic activities are closely related to real-world environmental issues. Currently, more attention is paid to the association between environmental regulations and industrial competitiveness (IC) because of pressures on economic development and environmental protection. In this study,

  7. Environmental regulation of tourism: impact on business innovation

    DEFF Research Database (Denmark)

    Hjalager, Anne-Mette

    1998-01-01

    Tourism and environmental issues are particularly critical in small islands. This article compares environmental constraints and regulations on Bornholm, Isle of Wight and Mallorca.......Tourism and environmental issues are particularly critical in small islands. This article compares environmental constraints and regulations on Bornholm, Isle of Wight and Mallorca....

  8. Environmental law and climate change : Volumes I & II

    NARCIS (Netherlands)

    Verschuuren, Jonathan

    Two volume set that brings together 54 of the most influential and important scientific journal articles in the field of climate law, thematically grouped together as follows: introducing climate law, theories and approaches, climate change mitigation, climate change adaptation, climate justice,

  9. THE IMPLEMENTATION OF LILIFUK CUSTOMARY LAW TOWARDS COASTAL ENVIRONMENTAL DEGRADATION OF KUPANG BAY

    Directory of Open Access Journals (Sweden)

    Ranny Christine Unbanunaek

    2017-02-01

    Full Text Available The kuanheun coastal communities have a customary law that help maintain coastal environmental sustainability resourceS called as lilifuk customary law(lilifuk atolan instrument. This research applied empirical method by formulating three problems: what are the values embedded in lilifuk customary law; how is the of lilifuk customary law contribution to prevent coastal environmental degradation; and how is the correlation between lilifuk customary law values and the law provision on coastal areas and small islands management. The result of the research identified the following; the first, Lilifuk customary law contains religious value, ecological value, communal value, social relations value, solidarity and responsibility value, social leadership value, and educational value. Second, the settlement of law violation by lilifuk customary law is conduted by the following steps: reporting; discussion; verdict; and  execution. Third, there is a correlation between the lilifuk customary lilifuk values and  WP3K Law values. Keywords: lilifuk customary law, environmental degradation, kupang bay

  10. Protecting Biodiversity: National Laws Regulating Access to Genetic ...

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

    This book is the first to compare such laws and policies across a range of countries in ... and developing worlds, including Argentina, Canada, Colombia, Costa Rica, ... conservation, the environment, intellectual property, and related issues; ...

  11. The precautionary principle in environmental regulations for drinking water

    International Nuclear Information System (INIS)

    Crawford-Brown, Douglas; Crawford-Brown, Sean

    2011-01-01

    The precautionary principle has been proposed as a means of providing increased safety for consumers of drinking water. While the principle has received increased attention over the past 2 decades, it remains rather poorly defined both in law and practice. Hence, the implications for application in risk-based decisions on water quality are not fully developed. This paper examines a series of philosophical, practical and decision-theoretic issues related to the application of the principle in such decisions, highlighting areas where at least the intent of the principle is already well embedded in environmental regulation through margins of safety, and identifying residual issues. A conclusion is drawn that full application of the principle may be driven forward both by programmes such as REACH in the EU, and by the emerging Water Framework Directive and multi-stakeholder approaches to climate change mitigation and adaptation.

  12. Collection of laws and ordinances concerning regulation of atomic energy, 1989 edition. 1989 ed.

    International Nuclear Information System (INIS)

    1989-01-01

    The collection of the laws and ordinances concerning the regulation of atomic energy, 1989 edition, was published by the Nuclear Safety Bureau, Science and Technology Agency. First, the abbreviated expressions of 56 laws and ordinances are shown. The contents are divided into Part 1: Fundamental laws and ordinances, Part 2: Regulation of nuclear source materials, nuclear fuel materials and nuclear reactors, Part 3: Prevention of radiation injuries due to radioactive isotopes and others, and Part 4: Related laws and ordinances. In Part 1, Atomic Energy Fundamental Act, Act of Institution of Atomic Energy Commission and Nuclear Safety Commission of Japan, Law Concerning the Technical Standard for Prevention of Radiation Injuries and 9 others are included. In Part 2, Law Concerning Regulation of Nuclear Source Materials, Nuclear Fuel Materials and Nuclear Reactors and 45 others are included. In Part 3, Law Concerning Prevention of Radiation Injuries Due to Radioisotopes and Others and 25 others are included. In Part 4, Electricity Enterprises Act, Road Transport and Vehicles Act, Ships' Safety Law, Labor Safety and Hygiene Law, Japan Atomic Energy Research Institute Law and 29 others are included. The contents are those as of November 30, 1988. (Kako, I.)

  13. The Prevention and Protection of the Environment: The Environmental Responsibility Law (26/2007); La Prevencion y Proteccion del Medio Ambiente: La Ley 26/2007 de Responsabilidad Medioambiental

    Energy Technology Data Exchange (ETDEWEB)

    Cornejo Canamares, M

    2009-05-21

    The 25th of October of 2007 took effect law 26/2007 of Environmental liability. Through this law it is implemented the Directive 2004/35/CE of the European Parliament and the Council on environmental liability with regard to the prevention and remedying of environmental damage. The objective of this law is to regulate the liability of the operators to prevent, to avoid and to repair the environmental damages. The environmental liability that raises this law is administrative, limitless and objective in certain activities (whenever the operator is at fault or negligent). This law shall apply to environmental damage and also to imminent threat of such damage. This situation forces to take the necessary preventive, remedial and recover measures regulated by the law, according to the principle polluter-pays. This law applies to damages or threat of damages that take place in certain natural resources: water, land, shore, species and habitats. One of the most excellent new features is the requirement to contract a compulsory financial guarantee by operators who carry out professional activities listed in annex III of the law, in order to provide effective cover for financial obligations under the law. At this moment an application regulation is coming up to complete this framework for the prevention and remedying of environmental damage that was established by the law 26/2007. (Author) 27 refs.

  14. State environmental law and carbon emissions: Do public utility commissions use environmental statutes to fight global warming?

    Energy Technology Data Exchange (ETDEWEB)

    Sautter, John A.

    2010-10-15

    In many states environmental statutes provide the authority for public utility commissioners to make decisions to reduce greenhouse gases from electricity generation. This article looks at six such laws and how the presence of these laws affected CO{sub 2} emissions during a nine-year period from 1997 to 2005. (author)

  15. Consolidated Navy-Marines Environmental Law Deskbook. Revised

    Science.gov (United States)

    1994-05-01

    Where the state law and Federal law are in direct conflict. See. Florida Lime and Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43 (1963...California standards for avocados could be stricter than Federal standards). Although this might seem to be a frequent occurrence, courts are very reluctant... exportation , and taking of endangered and threatened species of plants and animals. Also, the ESA requires federal agencies to consult with FWS / NMFS

  16. Legal basis of energy economy. Collection of important laws and regulations of the amended power economy law. 7. ed.; Rechtsgrundlagen der Energiewirtschaft. Sammlung wichtiger Gesetze und Vorschriften zum novellierten Energiewirtschaftsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Herrmann, B.J.; Schweers, E.

    2007-07-01

    The book under consideration is an actual collection of important laws and regulations according to the amended power economy law. It is the 7th edition and contains components of the European and national cartel law. Furthermore, the power economy law, the regulations of mains access, and the regulations of mains fee are revised editorial. The book consist of four main chapters: (a) General energy law; (b) Bylaws to energy economical laws; (c) Law of privileged energy supports; (d) cartel law.

  17. The protection of environmental interests through corporate governance: A South African company law perspective.

    Directory of Open Access Journals (Sweden)

    Anthony O Nwafor

    2015-07-01

    Full Text Available The quest to maximize profits by corporate administrators usually leaves behind an unhealthy environment. This trend impacts negatively on long term interests of the company and retards societal sustainable development. While there are in South Africa pieces of legislation which are geared at protecting the environment, the Companies Act which is the principal legislation that regulates the operations of the company is silent on this matter. The paper argues that the common law responsibility of the directors to protect the interests of the company as presently codified by the Companies Act should be developed by the courts in South Africa, in the exercise of their powers under the Constitution, to include the interests of the environment. This would guarantee the enforcement of the environmental interests within the confines of the Companies Act as an issue of corporate governance.

  18. DINAMIKA UPAYA MELAKUKAN SINERGI ANTARA HUKUM PERDAGANGAN INTERNASIONAL DAN HUKUM LINGKUNGAN / INTERNATIONAL TRADE LAW AND ENVIRONMENTAL LAW SINERGY

    Directory of Open Access Journals (Sweden)

    Endra Wijaya

    2017-11-01

    Full Text Available Dalam aktivitas perdagangan internasional, kehadiran hukum menjadi suatu hal yang penting untuk mengatur dan membuat berjalannya unsur-unsur dalam perdagangan internasional menjadi efektif, efisien, dan berkeadilan. Secara perlahan-lahan, sistem perdagangan internasional mulai memasukkan isu hukum lingkungan hidup. Masuknya isu hukum lingkungan ke dalam sistem perdagangan internasional sudah dimulai sejak adanya kesadaran perlunya lingkungan hidup dijaga kelestariannya agar dapat menunjang pembangunan secara keseluruhan. Saat ini, isu hukum lingkungan tersebut memang sudah menjadi syarat penting bagi setiap hubungan perdagangan yang akan atau sedang dilakukan oleh para subjek hukum dalam perdagangan internasional. Fokus pembahasan makalah ini tertuju kepada persoalan bagaimana masuknya dan bersinerginya isu hukum lingkungan ke dalam sistem perdagangan internasional. Metode penelitian yang digunakan dalam melakukan pembahasan ialah metode kajian normatif, dengan menggunakan data sekunder yang diperoleh melalui penelusuran kepustakaan. In international trade activity, the law exists and becomes one of the important components to ensure the trading activity runs effectively, efficiently, and fair. Gradually, international trade system has started to embed environmental law issue to become its part of the system, and this process has begun since people realized that environment should be protected in order to support the sustainable development process. Currently, environmental law issue becomes an important condition for most of the international trade relations which are being done or will be done by subjects of the international trade. This paper focuses on how environmental law is being synergized within international trade system. The library research method will be used to explore that topic.

  19. Effectiveness Of Implementation Of Corporate Social Responsibility (CSR) In The Environmental Law Enforcement

    OpenAIRE

    Irwansyah; Gianto; Andi Syahwia

    2016-01-01

    Development in Indonesia refers to the concept of sustainable development (sustainable development ) and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility ( Cooperate Social Responsibility ) is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . T...

  20. U.S. Laws and Regulations for Renewable Energy Grid Interconnections

    Energy Technology Data Exchange (ETDEWEB)

    Chernyakhovskiy, Ilya [National Renewable Energy Lab. (NREL), Golden, CO (United States); Tian, Tian [National Renewable Energy Lab. (NREL), Golden, CO (United States); McLaren, Joyce [National Renewable Energy Lab. (NREL), Golden, CO (United States); Miller, Mackay [National Renewable Energy Lab. (NREL), Golden, CO (United States); Geller, Nina [National Renewable Energy Lab. (NREL), Golden, CO (United States)

    2016-09-01

    Rapidly declining costs of wind and solar energy technologies, increasing concerns about the environmental and climate change impacts of fossil fuels, and sustained investment in renewable energy projects all point to a not-so-distant future in which renewable energy plays a pivotal role in the electric power system of the 21st century. In light of public pressures and market factors that hasten the transition towards a low-carbon system, power system planners and regulators are preparing to integrate higher levels of variable renewable generation into the grid. Updating the regulations that govern generator interconnections and operations is crucial to ensure system reliability while creating an enabling environment for renewable energy development. This report presents a chronological review of energy laws and regulations concerning grid interconnection procedures in the United States, highlighting the consequences of policies for renewable energy interconnections. Where appropriate, this report places interconnection policies and their impacts on renewable energy within the broader context of power market reform.

  1. South African law and policy regulating learner absenteeism

    African Journals Online (AJOL)

    Packard Bell

    Department of Psychology of Education, College of Education, University of ... Keywords: ecosystemic theory; learner absenteeism; management approach; South African law and policy ..... learners, but can also be cultural and systemic ..... tesis. Pretoria, Suid-Afrika: Universiteit van Suid-. Afrika. Beskikbaar te .... Phd thesis.

  2. 30 CFR 931.13 - Preemption of New Mexico laws and regulations.

    Science.gov (United States)

    2010-07-01

    ... following provisions of New Mexico law and regulation are hereby preempted and superseded as they may apply... Conservation Act (17-2-37 to 17-2-46 NMSA 1978) to the extent it is inconsistent with provisions of SMCRA...

  3. Loopholes of laws and regulations related to redevelopment of former sites of radioactive material control area

    International Nuclear Information System (INIS)

    Akatsuka, Hiroshi

    2003-01-01

    We found loopholes of laws and regulations for supervising radioactive materials. It is not obliged to measure the soil radioactivity of the sites that were formerly used as scientific or engineering institutes, or hospitals with a radioactive material control area. If the former institutes or hospitals made studies with radioactive materials before the enforcement of the law concerning prevention from radiation hazards due to isotopes and its detailed regulations, it is concluded that there was the period when the radioactive materials were not under management. If it is found that the radioactive materials were applied at the former site before the enforcement of the related laws and regulations, the radioactivity in the soil of the redeveloped area should be examined, which should be obliged by some laws or regulations. (author)

  4. Regulating food law : risk analysis and the precautionary principle as general principles of EU food law

    NARCIS (Netherlands)

    Szajkowska, A.

    2012-01-01

    In food law scientific evidence occupies a central position. This study offers a legal insight into risk analysis and the precautionary principle, positioned in the EU as general principles applicable to all food safety measures, both national and EU. It develops a new method of looking at these

  5. Climate engineering field research : The favorable setting of international environmental law

    NARCIS (Netherlands)

    Reynolds, J.L.(Jesse)

    2014-01-01

    As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering

  6. Improvement and rationalization of nuclear energy laws and regulations

    Energy Technology Data Exchange (ETDEWEB)

    Cho, Byung Sun; Lee, Mo Sung; Chung, Gum Chum; Kim, Hak Man; Oh, Ho Chul [Chongju Univ., Cheongju (Korea, Republic of)

    2002-03-15

    Since the present legal system on nuclear safety regulation has some problems that refer to contents of regulatory provisions, this mid-report has preformed research on the legal basic theory of nuclear safety regulation. And then secondly this report analyzed the problems of each provisions and suggested the revision drafts on the basis of analyzing problems and the undergoing theory of nuclear safety regulation. In order to interpret easily this report finally took the cases of judicial precedents on nuclear safety regulation in USA, Germany, Japan and Korea.

  7. Improvement and rationalization of nuclear energy laws and regulations

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Mo Sung; Chung, Gum Chun; Kim, Hak Man; Oh, Ho Chul [Cheongju Univ., Cheongju (Korea, Republic of)

    2001-03-15

    Since the present legal system on nuclear safety regulation has some problems that refer to contents of regulatory provisions, this mid-report has preformed research on the legal basic theory of nuclear safety regulation. And then secondly this report analyzed the problems of each provisions and suggested the revision drafts on the basis of analyzing problems and the undergoing theory of nuclear safety regulation. In order to interpret easily this report finally took the cases of judicial precedents on nuclear safety regulation in USA, Germany, Japan and Korea.

  8. Improvement and rationalization of nuclear energy laws and regulations

    International Nuclear Information System (INIS)

    Cho, Byung Sun; Lee, Mo Sung; Chung, Gum Chum; Kim, Hak Man; Oh, Ho Chul

    2002-03-01

    Since the present legal system on nuclear safety regulation has some problems that refer to contents of regulatory provisions, this mid-report has preformed research on the legal basic theory of nuclear safety regulation. And then secondly this report analyzed the problems of each provisions and suggested the revision drafts on the basis of analyzing problems and the undergoing theory of nuclear safety regulation. In order to interpret easily this report finally took the cases of judicial precedents on nuclear safety regulation in USA, Germany, Japan and Korea

  9. Licences issued under environmental law in international private and procedural law

    International Nuclear Information System (INIS)

    Kohler, C.

    1991-01-01

    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

  10. The responsibilities of the in-plant environmental protection officer under civil law and under criminal law

    International Nuclear Information System (INIS)

    Salje, P.

    1993-01-01

    The scope of responsibilities of the in-plant environmental protection officer covers a wide range of tasks: Water protection, waste management, control of emissions for air pollution abatement, emergency preparedness, radiological protection. What are the consequences for the EP officer in case of neglect? This is the topic of the contribution, discussed from the viewpoint of criminal law and private law. The criminal liability of the EP officer results from the EP officer committing an offence either by wilful act or by neglect, it, in the latter case, the officer is in a warranty position. Under private law, the EP officer is subject to third party liability within the framework defined by Paragraph 823 BGB. There is no possibility for him to claim restriction of liability refering to the enhanced risks involved in his job. Hence a sound professional indemnity insurance is recommendable. (orig.) [de

  11. Impact of California firearms sales laws and dealer regulations on the illegal diversion of guns.

    Science.gov (United States)

    Pierce, Glenn L; Braga, Anthony A; Wintemute, Garen J

    2015-06-01

    The available evidence suggests that more restrictive state firearm sales laws can reduce criminal access to guns. California has firearm-related laws that are more stringent than many other states and regulates its retail firearms dealers to a unique degree. This research seeks to examine the effect of more restrictive state gun laws and regulations on the illegal diversion of guns to criminals. Survival analyses are used to determine whether state firearm sales laws, particularly California's legal context and regulatory regime, impact the distribution of time-to-crime of recovered firearms in that state relative to other US states. USA. 225,392 traced firearms, where the first retail purchasers and the gun possessors were different individuals, recovered by law enforcement agencies between 2003 and 2006. The increased stringency of state-level firearms laws and regulations leads to consistently older firearms being recovered. California was associated with the oldest recovered crime guns compared with guns associated with other states. These patterns persisted regardless of whether firearms were first purchased within the recovery state or in another state. These findings suggest that more restrictive gun sales laws and gun dealer regulations do make it more difficult for criminals to acquire new guns first purchased at retail outlets. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  12. Land Restitution through the Lens of Environmental Law: Some Comments on the South African Vista

    Directory of Open Access Journals (Sweden)

    A du Plessis

    2006-05-01

    Full Text Available Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution is seen as an integral step in the democratisation process as well as in the social and economic empowerment of previously marginalised groups. For many, the true test for political transformation will be whether land needs (including protection of and care for the environment are addressed effectively and in a sustainable manner. In recent years, however, government’s addressing of land needs has become a highly controversial issue, especially where land that vests in private owners is claimed back because of its status as ancestral land. Land reform may strongly impact on the environment and sustainable development as protected in section 24 of the Constitution since it involves vast hectares of land, other environmental media and people. Restitution of land processes in terms of section 25(7, as one of the components of land reform, often does not take key provisions contained in environmental and planning law into account. In many instances, for example, government’s restitution projects do not make sufficient provision for harmonisation with environmental principles contained in environmental law and no or limited systems exist whereby to inform and assist land restitution beneficiaries on compliance with environmental and planning law obligations in post settlement development endeavours. These limitations could, inter alia, be linked with the fragmentation of the environmental governance regime and a lack of role clarification. It may furthermore result in significant conflict between sections 24 and 25(7 of the Constitution as overarching framework legislation, and between developmental objectives contained in sectoral-specific subordinate legislation. The restitution of land is, amongst other policies, regulated by section 25(7 of the Constitution and the Restitution of Land Rights

  13. Royal Decree-Law 1302/1986 of 28 June 1986 on environmental impact studies

    International Nuclear Information System (INIS)

    1986-01-01

    This Royal Decree-Law (No 1302/1986) of 28th June 1986 was published in the Official Gazette of 30th June 1986. The purpose of this Decree-Law is to provide for assessments of the environmental impact of certain projected installations and activities. The installations and activities requiring environmental impact studies are listed in the Annex to the Decree-Law and include nuclear power plants and other nuclear reactors (excluding those whose thermal power does not exceed 1 kW) as well as installations for the disposal and final storage of radioactive waste (NEA) [fr

  14. Effectiveness Of Implementation Of Corporate Social Responsibility (CSR In The Environmental Law Enforcement

    Directory of Open Access Journals (Sweden)

    Irwansyah

    2016-09-01

    Full Text Available Development in Indonesia refers to the concept of sustainable development (sustainable development and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility ( Cooperate Social Responsibility is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . Through Law No. 40 Year 2007 regarding Limited Liability Company , specifically in Article 74, in response to the action of the business world to social and environmental causes damages to society . But in application / CSR implementation will be undertaken by the company is not maximized with implications for the enforcement of environmental law.

  15. Punishability of transfrontier environmental offences. Also a contribution to the dogmatic aspects of hazards and on international law in the field of ecology. Strafbarkeit grenzueberschreitender Umweltbeeintraechtigungen. Zugleich ein Beitrag zur Gefaehrdungsdogmatik und zum Umweltvoelkerrecht

    Energy Technology Data Exchange (ETDEWEB)

    Martin, J.

    1989-01-01

    National environmental Acts include a great number of areas and this applies even more if there is an international component. It is not only the German international criminal law but also questions of general criminal law dogmatic and the relationship between environmental criminal law and administrative law that must be taken into account. In order to prevent inadmissible interferences with another country's sovereign rights it is necessary to harmonize the international environmental law and the international environmental criminal law. Aspects of the international civil law and the administrative law have to be considered as well. The book concludes that even abstract offences that carry the potential of endangerment also qualify as statutorily proscribed harm. The German environmental criminal law is therefore applicable even if the offence cause only a domestic danger. An action which is permissible under another country's administrative law is not punishable under some few regulations. In all other cases it is punishable unless the foreign country's Sovereign Act is recognised. This applies if the Federal Republic of Germany has to tolerate harm under international environmental law. Claims under international law to refrain from transformer pollution can often be much more extensive than commonly assumed. (orig.).

  16. Compliance with Environmental Regulations through Complex Geo-Event Processing

    Directory of Open Access Journals (Sweden)

    Federico Herrera

    2017-11-01

    Full Text Available In a context of e-government, there are usually regulatory compliance requirements that support systems must monitor, control and enforce. These requirements may come from environmental laws and regulations that aim to protect the natural environment and mitigate the effects of pollution on human health and ecosystems. Monitoring compliance with these requirements involves processing a large volume of data from different sources, which is a major challenge. This volume is also increased with data coming from autonomous sensors (e.g. reporting carbon emission in protected areas and from citizens providing information (e.g. illegal dumping in a voluntary way. Complex Event Processing (CEP technologies allow processing large amount of event data and detecting patterns from them. However, they do not provide native support for the geographic dimension of events which is essential for monitoring requirements which apply to specific geographic areas. This paper proposes a geospatial extension for CEP that allows monitoring environmental requirements considering the geographic location of the processed data. We extend an existing platform-independent, model-driven approach for CEP adding the geographic location to events and specifying patterns using geographic operators. The use and technical feasibility of the proposal is shown through the development of a case study and the implementation of a prototype.

  17. The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: The European Private International Law Tradition Continued. : Introductory Observations, Scope, System, and General Rules

    NARCIS (Netherlands)

    X.E. Kramer (Xandra)

    2008-01-01

    textabstractThe establishment of Regulation No 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II) is a landmark for European Private International Law. The regulation of torts in the European Union has a history of forty years, starting with the preparation of the Rome

  18. The principle of environmental compatible energy supply in energy law characteristics and environmental (energy) legal connections

    International Nuclear Information System (INIS)

    Stecher, Michaela

    2015-01-01

    The course of the investigation follows the path of the electric power. Considered are the electricity industry value-added stages with their environmental impact and their relevant legal regulations. The focus in each case are the environmentally relevant legal rules of EnWG, whose own contributions are examined for environmental objective as well as the interaction with other legislation. First, the value chain of the supply or production of primary energy sources is considered closer. Second, the conversion of primary energy sources in electricity is to take in the view. The conversion plant depending on widely varying environmental impacts and the relevant legal instruments are shown. Thirdly comes the electricity downstream value-added level of network operations, through which the electric power is transmitted and distributed. In the fourth stage, the effect of support of the legal requirements for the storage of electricity is considered. Fifth value chain is the distribution, through which the direct relationship between suppliers and customers is organized. [de

  19. EU Energy Law. Volume 3. EU Environmental Law and Energy Markets

    International Nuclear Information System (INIS)

    Werring, L.; Bertoldi, P.; Bowie, R.; Hodson, P.; Lorentzen, J.; Vaggen Malvik, H.; Toth, A.; Yordi, B.; Hancher, L.

    2006-03-01

    In recent years an unprecedented range of legislation has been adopted by the Council and European Parliament giving effect to Euope's commitment to tackle climate change. This has resulted in important new obligations being placed on almost all levels of business as well as providing major new business opportunities and creating new markets. The volume is written for lawyers and specialist advisers as well as those involved in business responsible for implementing these new laws on a daily basis

  20. Mandatory Corporate Social and Environmental Responsibilities in the New Indonesian Limited Liability Law

    Directory of Open Access Journals (Sweden)

    Yu Un Oppusunggu

    2011-01-01

    Full Text Available On 16 August 2007 President Susilo Bambang Yudhoyono signed the Bill of Limited Liability Company, as approved by the Parliament, and consequently it became the Law No. 40 of Year 2007 regarding Limited Liability Company. The law revokes the then existing Law No. 1 of Year 1995. This law has 14 chapters and 161 articles, and introduces new provision on, inter alia, corporate social and environmental responsibilities (CSER. The legislators have specifically dedicated Chapter V and its Article 74 to this effect. CSER is defined as commitment of the Company to participate in sustainable economic development with the intention of increasing the living quality and beneficial environment for the Company itself, the surrounding communities, and public in general. This article discusses CSER as stipulated in the Law in relation the logic of a limited liability company. It analyzes the necessity of stipulating it in the Law in relation to the objective of a limited liability company.

  1. 48 CFR 252.222-7004 - Compliance with Spanish social security laws and regulations.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Compliance with Spanish... PROVISIONS AND CONTRACT CLAUSES Text of Provisions And Clauses 252.222-7004 Compliance with Spanish social... Spanish Social Security Laws and Regulations (JUN 1997) (a) The Contractor shall comply with all Spanish...

  2. 25 CFR 900.50 - What Federal laws, regulations, and Executive Orders apply to subcontractors?

    Science.gov (United States)

    2010-04-01

    ... SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Standards for Tribal or Tribal Organization Management..., regulations, and Executive Orders apply to subcontracts awarded under self-determination contracts. As a... 25 Indians 2 2010-04-01 2010-04-01 false What Federal laws, regulations, and Executive Orders...

  3. Standard contract terms regulation in the proposal for a common European sales law

    NARCIS (Netherlands)

    Loos, M.B.M.

    2012-01-01

    In this paper, the regulation in standard contract terms in the proposal for a Commono European Sales Law (CESL) is compared with the regulation in the Unfair Terms Directive, the Draft Common Frame of Reference (DCFR) and the Vienna Sales Convention (CISG). The paper starts with an overview of the

  4. Does environmental policy affect scaling laws between population and pollution? Evidence from American metropolitan areas.

    Science.gov (United States)

    Muller, Nicholas Z; Jha, Akshaya

    2017-01-01

    Modern cities are engines of production, innovation, and growth. However, urbanization also increases both local and global pollution from household consumption and firms' production. Do emissions change proportionately to city size or does pollution tend to outpace or lag urbanization? Do emissions scale differently with population versus economic growth or are emissions, population, and economic growth inextricably linked? How are the scaling relationships between emissions, population, and economic growth affected by environmental regulation? This paper examines the link between urbanization, economic growth and pollution using data from Metropolitan Statistical Areas (MSAs) in the United States between 1999 and 2011. We find that the emissions of local air pollution in these MSAs scale according to a ¾ power law with both population size and gross domestic product (GDP). However, the monetary damages from these local emissions scale linearly with both population and GDP. Counties that have previously been out of attainment with the local air quality standards set by the Clean Air Act show an entirely different relationship: local emissions scale according to the square root of population, while the monetary damages from local air pollution follow a 2/3rds power law with population. Counties out of attainment are subject to more stringent emission controls; we argue based on this that enforcement of the Clean Air Act induces sublinear scaling between emissions, damages, and city size. In contrast, we find that metropolitan GDP scales super-linearly with population in all MSAs regardless of attainment status. Summarizing, our findings suggest that environmental policy limits the adverse effects of urbanization without interfering with the productivity benefits that manifest in cities.

  5. A Story of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation and Fiduciary Law

    Directory of Open Access Journals (Sweden)

    Tamar Frankel

    2016-08-01

    Full Text Available How should banks be regulated to avoid their failure? Banks must control the risks they take with depositors' money. If depositors lose their trust in their banks, and demand their money, the banks will fail. This article describes three legal bank regulatory systems: Contract with depositors (U.S.; a mix of contract and trust law, but going towards trust (Japan and a full trust-fiduciary law regulating banks (Israel. The article concludes that bank regulation, which limits the banks' risks and conflicts of interest, helps create trustworthy banks that serve their country best.

  6. Logistics of radioactive materials: optimization of laws and regulations

    International Nuclear Information System (INIS)

    Akakiev, B.V.; Makarevich, I.M.; Nesterov, V.P.

    2009-01-01

    The article considers the problems of the Russian authorization system in the field of radioactive materials (RM) logistics which does not meet the needs of their application in medicine, science and industry. To correct the situation, first of all, it is necessary to revise the licensing system. For optimization of licensing in the field of RM transportation, a radical revision is needed for the Regulations of transportation of dangerous cargoes by automobiles, sanitary regulations, the GOST Dangerous Cargoes, numerous federal codes and norms issued by Rostekhnadzor in recent years. It is also necessary to review and coordinate various sanitary regulations for radiation safety, develop the Agreement on transit transportation of RM between the countries of the CIS [ru

  7. Connecting People: Semantic-Conceptual Modeling for Laws and Regulations

    NARCIS (Netherlands)

    Van Engers, T.; Nijssen, S.; Janssen, M.; Scholl, H.J.; Wimmer, M.A.; Bannister, F.

    2014-01-01

    Working on building large scale information systems that have the job to serve their clients in a client friendly way and at the same time have to comply with the rules that regulate their behavior, including their (legal) decision-making processes, we observed that designing these systems is still

  8. Environmental Compliance Mechanisms

    NARCIS (Netherlands)

    Merkouris, Panagiotis; Fitzmaurice, Malgosia

    2017-01-01

    Compliance mechanisms can be found in treaties regulating such diverse issues as human rights, disarmament law, and environmental law. In this bibliography, the focus will be on compliance mechanisms of multilateral environmental agreements (MEAs). Compliance with norms of international

  9. Regulating food law : risk analysis and the precautionary principle as general principles of EU food law

    NARCIS (Netherlands)

    Szajkowska, A.

    2012-01-01

    Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk

  10. Essays on environmental regulations in electricity markets

    Science.gov (United States)

    Sun, Yanming

    Reducing the Greenhouse Gas pollution and promoting energy efficiency among consumers' energy use have been major public policy issues recently. Currently, both the United States and the European Union have set up explicit percentage requirements that require energy generators or consumers to undertake a certain percentage of their energy production or consumption from renewable sources. To achieve their renewable targets, the Tradable Green Certificates (TGC) system has been introduced in their electricity markets. Moreover, in order to promote energy conservation and achieve energy efficiency targets, price policies and price changes derived from environmental regulations have played a more important role in reducing electricity consumption. My research studies problems associated with these policy implementations. In Chapter 1, I analyze a competitive electricity market with two countries operated under a common TGC system. By using geometric illustrations, I compare the two countries' welfare when the renewable quota is chosen optimally under the common certificate market with three different situations. The policy recommendation is that when the value of damage parameter is sufficiently small, full integration with a TGC market is welfare superior to full integration of an all fossil-fuel based market with an optimal emissions standard. In Chapter 2, by analyzing a stylized theoretical model and numerical examples, I investigate the performance of the optimal renewables policy under full separation and full integration scenarios for two countries' electricity markets operated under TGC systems. In my third chapter, I look at residential electricity consumption responsiveness to increases of electricity price in the U.S. and the different effect of a price increase on electricity use for states of different income levels. My analysis reveals that raising the energy price in the short run will not give consumers much incentive to adjust their appliances and make

  11. Environmental Change and Human Mobility: Trends, Law and Policy

    Directory of Open Access Journals (Sweden)

    Susan F. Martin

    2017-10-01

    Full Text Available Enhancing the protection of persons displaced by natural disasters and the impacts of climate change will require sustained attention. This article identifies practical solutions, many of which are currently under consideration by governments and international organizations, to improve the lives of millions of people affected by environmental crises. It begins with a brief overview of why people move, the nature of those movements, and the relationship between human mobility and adaptation to environmental change by highlighting three types of mobility – migration, displacement and planned relocation. Next, the international and regional level will be discussed, with particular focus on legislative and policy frameworks for addressing human mobility in the context of environmental change. The article identifies gaps in existing frameworks as well as recent efforts to address them, particularly through mini-multilateral initiatives aimed at identifying principles and practices that should guide governmental action. The article concludes that efforts to improve responses require a better evidence base than currently exists on issues such as the environmental determinants of migration, displacement and planned relocation; the multi-faceted ways in which environmental factors relate to the many other causes of population movements in the cases of human mobility; and the impact of such movements on the well-being of migrants, communities of origin, and communities of destination.

  12. Connecting People: Semantic-Conceptual Modeling for Laws and Regulations

    OpenAIRE

    Engers , Tom ,; Nijssen , Sjir

    2014-01-01

    Part 2: Services and Interoperability; International audience; Working on building large scale information systems that have the job to serve their clients in a client friendly way and at the same time have to comply with the rules that regulate their behavior, including their (legal) decision-making processes, we observed that designing these systems is still more an art rather than a result of systematic engineering. We have been working on a method allowing stakeholders to systematically a...

  13. Environmental Regulation and Food Safety: Studies of Protection ...

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

    Environmental Regulation and Food Safety: Studies of Protection and Protectionism. Book cover Environmental Regulation and Food Safety: Studies of Protection and Protectionism. Directeur(s) : Veena Jha. Maison(s) d'édition : Edward Elgar, IDRC. 1 janvier 2006. ISBN : 184542512X. 250 pages. e-ISBN : 155250185X.

  14. Competition in energy markets - law and regulation in the European Union

    International Nuclear Information System (INIS)

    Cameron, Peter Duncanson; Brothwood, Michael

    2002-03-01

    Analysis of the origins, aims and implementation of the EU energy directives is essential to an understanding of the emerging internal market in energy in the European Union. This book provides a detailed and practical account of the legislation and the various developments in the Member States that are leading to a competitive energy market for the first time. It explains the legislation, EU case law and the relevant national laws, regulations and competence of the enforcing authorities. (Author)

  15. International and European regulations in the energy law: selected issues

    International Nuclear Information System (INIS)

    Schwarz, F.

    2010-01-01

    This work deals with four selected legal aspects or issues in the energy sector, which are mainly located in the international, European and at the interface to national law. The first question is 'The status of the investor to the Energy Charter' and addresses issues regarding the investor position and their characteristics according to the Energy Charter Treaty. The second question is 'aspects of energy competence under the Treaty of Lisbon' and deals among others questions with the new energy expertise offense, as well as direct investment. The third issue, titled 'The admissibility of ownership unbundling' illuminates terms of a proposal, which plan a full ownership unbundling of transmission system operators, in more detail. The fourth issue is 'aspects for the implementation of directive 2006/32/EC' and deals with aspects of the implementation of this directive in Austria. This work is making an attempt to shed light on these questions and their issues in more detail by also taking into account the Austrian perspectives. In my view the energy sector is an economically important and politically embossed area that always has a current relevance to daily life and will raise more legal questions in future. (kancsar) [de

  16. The innovation inducement impact of environmental regulations on maritime transport

    DEFF Research Database (Denmark)

    Makkonen, Teemu; Repka, Sari

    2016-01-01

    , contrasting views, arguing that environmental regulations will, in fact, enhance firms’ competitiveness by inducing innovation, have also been voiced. Here this issue is examined through a literature review on the innovation inducement impact of environmental regulations (i.e. the Porter Hypothesis......), in general, and the economic impacts of environmental regulations (here Annex VI of the MARPOL Convention) as it applies to shipping in Northern Europe, in particular. According to the review, the literature is still inconclusive and lacks a clear consensus on the economic and innovation inducement impacts......Maritime transport is facing wide-ranking challenges due to stricter environmental regulations. It has been positioned that these stricter environmental regulations will significantly hamper the competitiveness of the shipping industry and other export/import oriented industries. However...

  17. An insight into environmental laws in Canada | Jhansi | African ...

    African Journals Online (AJOL)

    African Journal of Environmental Science and Technology. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 7, No 4 (2013) >. Log in or Register to get access to full text downloads. Username, Password, Remember me, or Register · Download this PDF file. The PDF ...

  18. 7 CFR 762.128 - Environmental and special laws.

    Science.gov (United States)

    2010-01-01

    ... whether there are any potential impacts to a 100 year floodplain as defined by Federal Emergency... the provisions of § 363 of the Act, the Food Security Act of 1985, and Executive Order 11990 relating... contamination from release of hazardous substances, petroleum products, or other environmental hazards and...

  19. Stealth law: HIPAA's back-door regulation of "business associates".

    Science.gov (United States)

    Jacobson, James M

    2003-01-01

    The final HIPAA privacy modifications have substantially lightened the administrative, compliance, and liability loads borne by health plan and provider covered entities. Unlike under the original Clinton rules, for example, covered entities are no longer required to obtain patient consents, to monitor and mitigate the information practices of their business associates, or to treat patients as third-party beneficiaries of their business associate contracts. But the final modifications have done almost nothing to lessen the huge burdens and expense that will soon be imposed on those managed care entities that are merely business associates, a category that Congress never authorized HHS to regulate.

  20. Developments in environmental and engineering law in 1990. Section VI. Atomic energy and radiation protection law

    International Nuclear Information System (INIS)

    Brandner, T.

    1991-01-01

    Section VI is devoted to the development of atomic and radiation protection law in the period between 1.1.1990-31.1.1991. Through the debate on the greenhouse effect, nuclear power has recently become more attractive again as an energy carrier. Legislation took place in the EC (import conditions after the Chernobyl accident, maximum radioactivity values in animal feeds) and in Germany (statutory order on the establishment of a Radiation Protection Register, special provisions for the acceded territories of the former GDR). The following individual questions are discussed: Federal supervision - decision of the Federal Constitutional Court of 22.5.1990 on the fast breeder reactor with regard to the right to issue orders; nuclear disposal - decision of the Federal Administrative Court on the Gorleben salt dome with regard to planning procedure. (HSCH) [de

  1. Energy law. An anthology of the most important legislation and regulations. 9. new rev. ed.; Energierecht. Textsammlung der wichtigsten Rechtsvorschriften und Regelungen

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-07-01

    The book under consideration is a current anthology of the most important legislation and regulations on energy law and contains the energy economy law, competition law, general conditions of supply and the tax law.

  2. Prohibited Possessors and the Law: How Inmates in Los Angeles Jails Understand Firearm and Ammunition Regulations

    Directory of Open Access Journals (Sweden)

    Melissa Barragan

    2017-10-01

    Full Text Available Using data from 140 interviews with individuals detained in the Los Angeles County Jail system, this article examines what gun offenders know about gun and ammunition regulation in California. Though most respondents had a consistent, albeit general, understanding of the regulations limiting gun acquisition and possession, analysis suggests that their understanding of ammunition restrictions was more limited. Our sample’s awareness of firearms law is especially important to consider given that they are the very population targeted by firearms regulations and prohibitions at the local, state, and federal level. By examining what detained offenders know about firearms laws, we can better theorize about individual gaps in legal knowledge and the realistic expectations for how understanding of the law can affect behavior.

  3. Criminal law in the system of legal instruments under environmental law. Shown by examples of German and U.S. American clean air policy; Das Strafrecht im System umweltrechtlicher Instrumentarien. Am Beispiel deutscher und US-amerikanischer Luftreinhaltepolitik

    Energy Technology Data Exchange (ETDEWEB)

    Rohr, B.M. von

    1995-12-31

    The authoress presents an analysis of the entire range of governmental instruments and measures and their systematic interlacement, as available under the German or the U.S. American law for protection of the environment. This analysis is the basis for the subsequent study aiming at clarifying the legitimacy and the required design of laws and regulations defining crimes and sanctions or penalties in the system of environmental law. The authoress derives a characterisation of legislative intent and mode of application of environmental criminal law which differs from that of the ``classic`` criminal law. Pursuing from this characterisation of legal instruments and methods, and from the framework of governmental action and related alternatives available under U.S. legislation, the authoress explains a number of appoaches recommended for reform and amendment of the current German system of environmental criminal law, which hitherto has shown low efficiency. (orig.) [Deutsch] Die Autorin nimmt eine Analyse der Gesamtheit staatlicher Massnahmen und ihrer systematischen Beziehungen im deutschen und US-amerikanischen Umweltrecht vor. Diese Analyse bildet die Grundlage der zentralen Frage der Untersuchung nach der Legitimitaet und notwendigen Struktur umweltstrafrechtlicher Normen. Dabei kommt die Autorin zu einer vom klassischen Kernstrafrecht abweichenden Funktionsbestimmung des Umweltstrafrechts. Ausgehend von dieser Positionsbestimmung des Strafrechts und den in den USA vorgefundenen Handlungsalternativen entwickelt die Autorin eine Reihe von Reformvorschlaegen als Antwort auf die derzeitige Ineffizienz der des deutschen Umweltstrafrechts. (orig.)

  4. addressing environmental contamination through market regulations

    African Journals Online (AJOL)

    RAYAN_

    Safety Act for the 21st Century provides unique opportunities for preventing ... Toxics. ** A student at Florida A&M College of Law, Juris Doctor candidate, class of 2017. ... evaluates pre-manufacturing notifications (PMNs) for new chemical substances ..... 65 World Health Organization,GLP Guideline Handbook(World Health.

  5. Extension of the protection of the individual against environmental encroachments - a task for private and public law

    International Nuclear Information System (INIS)

    Ronellenfitsch, M.; Wolf, R.

    1986-01-01

    In the opinion of the author an substantial extension of the protection of the individual against environmental encroachments is not necessary. In many fields of law, for instance in the atomic law or the law for the protection against nuisance, the protection of the individual can be improved by minor corrections. In civil law the same improvement can be gained by an interpretation of existing provisions taking into account the requirements of environmental protection. (WG) [de

  6. Considerations on Law no. 78/2014 regarding the Regulation of the Volunteering Activity in Romania

    Directory of Open Access Journals (Sweden)

    Tache BOCĂNIALĂ

    2014-08-01

    Full Text Available In this paper we aim at highlighting the progress in the regulation of volunteering activity in Romania through the recent adoption by the Parliament of the Law no. 78/2014 on the regulation of volunteering in Romania. The new legislative act, which replaced Volunteering Law no. 195 / 2001 (republished tries and we believe that it actually succeeds in providing consistent and harmonized solutions at European level to problems of organizations working with volunteers and thus creating a modern legal framework, appropriately adapted to the national and European context in the field of volunteering.

  7. Special feature article. Nuclear new age. Towards reform of laws and regulations

    International Nuclear Information System (INIS)

    Madarame, Haruki; Morokuzu, Muneo; Shiroyama, Hideaki; Nishiwaki, Yoshihiro; Marumo, Syunji; Suzuki, Takahiro; Hariyama, Hideo

    2007-01-01

    Since about half a century passes after the peaceful use of nuclear energy began in Japan, the safety laws and regulations of the nuclear energy becomes difficult to cope enough with the current situation without regulation structure changing. In March 2007, Tokyo University set up nuclear energy legislation study meeting' consisting of members from regulatory bodies, electric utilities, nuclear industries and others. The special feature introduces five opinions obtained through the argument in the meeting. As an example, Law for the Regulations of Nuclear Sources Material, Nuclear Fuel Material and Reactors is applied to basic design about the commercial reactors, but Electric Utilities Industry Law is applied to a detailed design, and different licensing standard is applied in each. Taking the adjustment of licensing standard with unifying these is necessary for efficiency. In addition, current law for the Regulations of Nuclear Sources Material, Nuclear Fuel Material and Reactors regulates according to the businesses such as reactor facilities, fuel fabrication plants and radioactive waste disposal. As for plural businesses, a low procedure and safety measures are demanded every each business. It is also necessary to include structure of the comprehensive licensing that assumed an enterprise running plural businesses. (T. Tanaka)

  8. The Improvement Plan on Unifying from Law and Regulations Related to Radiation

    International Nuclear Information System (INIS)

    Jeong, Dong Kyong; Lee, Jong Back; Park, Myung Hwan

    2006-01-01

    This is for the purpose to help the bill related to technologists be systematic and unitary by carefully analyzing a legislation, an enforcement ordinance, and enforcement regulations in the connection with the radiological worker and the radiation workers from the law and regulations related to technologists. Concerning technologists, a legislation, an enforcement ordinance, and enforcement regulations for a sort of medical technician, regarding the radiological worker, the rules of diagnosis radiation equipment safety management, and concerning the radiation workers, atomic energy law, an enforcement ordinance and enforcement regulations were gathered, compared with one another, and analyzed. Among technologists, in the case of working in the department of diagnosis radiation, the title 'Radiological Worker' is used by the Medical Service Law, and in the case of working in the department of radiation tumors or the one of nucleus medicine, the title 'Radiation Workers' is used by the Atomic Energy Law. Besides the technical term that is used by characteristic tasks, unification of the terms that can be used in common is necessary for sure. And when a legislation, an enforcement ordinance, enforcement regulations, and notification, things like that in the radiation field are amended, certainly they should be done by mutual agreement through negotiation between the organization related to radiation and the governmental organization.

  9. The European Union's Role in the Development of Global Environmental Law

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    2017-01-01

    This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law.......This article is focused on the role that the European Union (EU) is playing as a global actor when it is using its 'internal' regulatory power as well as its parallel market power 'externally' to strengthen and to fill out gaps in the global environmental law....

  10. Does environmental ethics found on natural law. Naturrechtliche Begruendung der Umweltethik

    Energy Technology Data Exchange (ETDEWEB)

    Irrgang, B.

    1991-08-09

    The author discusses various basic concepts of natural law; naturalistic and metaphysical fallacies, natural law and theory on human action developed by St. Thomas Aquinas. The author concludes by advocating an ethics for result assessment based on moral principles, and, in the case of environmental ethics in particular on justice (equal treatment, appropriateness, respect for those at a disadvantage and fairness between the gneerations). The same criterions should apply to matters concerning the ethics of energy generation, genetic engineering and economic and environmental ethics. (orig./HSCH).

  11. EU Criminal Law and the Regulation of Information and Communication Technology

    Directory of Open Access Journals (Sweden)

    Sarah Summers

    2015-07-01

    Full Text Available The opportunities afforded by the global information space give rise to the potential for the commission of new crimes –crimes such as hacking or denial of service attacks– and for existing crimes, such as speech offences or fraud, to be committed in new ways and with potentially larger consequences. One of the biggest challenges for the regulation of information and communications technology is that the global information space does not respect national boundaries. In order to be successful, any regulatory approach will call for some degree of cooperation between countries. This poses an obvious problem for those seeking to develop a regulatory structure. This challenge is particularly relevant in the criminal law context, as the criminal law has traditionally been considered to be the product and responsibility of national law. This article considers the EU’s regulatory approach in this area. The aim here is not to offer a critique of the EU’s regulatory structure in the context of cybercrime, but rather to use the situation in the EU to illustrate various issues arising in the context of the criminal law regulation of information and communications technology. This article examines some of the issues which have arisen in the context of the regulation of cyber activity at the EU level as a result of this tension between national sovereignty and broader overarching EU regulation and assesses the relevance of these issues in the context of criminal law regulation more broadly. Consideration of the processes of criminalisation and harmonisation provides the basis for an analysis of the manner in which the EU seeks to justify its involvement in criminal law in this field.

  12. THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia

    Directory of Open Access Journals (Sweden)

    Maret Priyanta

    2016-12-01

    Full Text Available The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL, which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.

  13. Re-Engineering Biosafety Regulations In India: Towards a Critique of Policy, Law and Prescriptions

    Directory of Open Access Journals (Sweden)

    A. Damodaran

    2005-06-01

    Full Text Available This article surveys the structure and essence of India’s biosafety regulations from an evolutionary perspective. After detailing the processes associated with the biosafety law and guidelines in the country, this article looks critically at recent efforts to re-engineer the regulations. It is argued that India’s biosafety regulations should move towards a more inclusive approach, which will facilitate transparent and informed decision-making, based on stakeholder-convergence. It is also suggested that the entire spectrum of laws and regulations that have a direct or indirect bearing on biosafety in India, need to be explored so that greater coherence could be secured in the management of biotechnology products that are sensitive to the environment. Drawing from the experience of the Bt cotton case, the article advocates a greater role for civil society and grassroots organizations.

  14. LAW ENFORCEMENT OF THE BANDUNG REGIONAL REGULATIONS ON THE ORDERLINESS, CLEANLINESS, AND THE BEAUTY

    Directory of Open Access Journals (Sweden)

    Yesmil Anwar

    2017-01-01

    Full Text Available The Number of sidewalk vendors in Bandung has reached 11,000 with no decline in growth according to the survey conducted by Indonesian University of Education/ Universitas Pendidikan Indonesia (UPI in collaboration with Badan Perencanaan dan Pembangunan Daerah (Bappeda or regional development planning agency Bandung. Sidewalk vendor is one of the main contributors to the dirtiness and traffic congestion in Bandung. Bandung has passed a Regional Regulation Numbered 3 and 5 about Cleanliness, Orderliness and the Beauty to prevent and to build the  sidewalk vendors. However, lack of legal awareness and law enforcement may constrain the effectiveness of the regulation. Those regulations are particularly Bandung Regional Regulation Numbered 4/ 2011 concerning sidewalk vendors in which imposing high fine sanction not only for the seller but also for the buyer to prevent them from violating those regulations. To analyze the the compliance level of society and the effectiveness of fine sanction for the violation of regulations, this research used juridical normative approach and comparative method by comparing the regulation in Bandung with other Regional regulations related to sidewalk vendors in other cities in Indonesia such as in Surakarta and Surabaya. This research found that the law enforcement to the violation of sidewalk vendors regulation in Bandung city is not optimum due to lack of awareness to obey the law. The criminal sanction such as fine and forced fees are not able to prevent the violation of sidewalk vendors regulations. This research suggest that The Regional government of Bandung City: (1 needs to find a right model to keep sidewalk vendors in order by looking at the characteristics of the society and its social culture; (2 needs to search for a way to increase society’s compliance to any policies made by the government; and (3 needs to revise the current regulation

  15. jurisprudence precedent on the instruments of environmental regulation of the electrical colombian sector

    International Nuclear Information System (INIS)

    Arcila R, Jaime Leon; Velasquez A, Hector I

    2009-01-01

    What the authors of the Law of the Environment have named the green Constitution or the ecological Constitution of 1991, necessarily it has consequences in the legal practice of the instruments of environmental management in all the levels and sectors of the economy, especially if the previous thing is analyzed in the frame of the Social State of Law in the Constitution of 1991, under this perspective, it is possible to understand the emptiness and inconsistencies of the environmental management in the electrical Colombian sector (SEC), from the critical analysis of the instruments of environmental regulation established in the in the Law in addition it is possible to check these instruments in his role of tools for the environmental management, to identify a constitutional and legal conceptualization adapted for the development of the same ones and to determine the necessary adjustments to realize in his environmental role of management tools in the SEC. The attainment of the previous aims carries an own methodology of the social qualitative research in his juridical political levels. The content of this article realizes the first advances in order to study from a juriprudential and not merely legal optics, since up to the moment the topic has been approached.

  16. Exploring Faraday's Law of Electrolysis Using Zinc-Air Batteries with Current Regulative Diodes

    Science.gov (United States)

    Kamata, Masahiro; Paku, Miei

    2007-01-01

    Current regulative diodes (CRDs) are applied to develop new educational experiments on Faraday's law by using a zinc-air battery (PR2330) and a resistor to discharge it. The results concluded that the combination of zinc-air batteries and the CRD array is simpler, less expensive, and quantitative and gives accurate data.

  17. The balancing of interests in environmental-law in the case of public interest in the use of renewable energies

    International Nuclear Information System (INIS)

    Unterpertinger, L.

    2015-01-01

    This study examines the conflict between the public interests in the use of renewable energy on the one hand and environmental protection on the other hand. Considering the current legal situation, the first part of the thesis elaborates on what theses concrete public interests are, and how they are regulated by law. Likewise, it shall be asked to what extent the legislator defines overriding public interests, and its impact on balance of interests. The second part focuses on balance of interests from an administrative law perspective. It overviews the current debates on whether balance of interests is meant to have discretion. In this context, the recent establishment of a two-level administrative jurisdiction has posed new questions. It is, therefore, necessary to conduct a profound analysis of the administrative control. With reference to the case law of the Administrative Court, it will also be shown that balance of interests is based on a proportional assessment. Moreover, with respect to the administrative procedures for hydropower projects, there is a relevant provision in the Austrian Water Act, which has specific characteristics, yet was interpreted inconsistently up to this point. Thus, this provision will be examined in detail. The relevant administrative body does not only use legal provisions, but also criteria documents which are internal administrative regulations. Those documents will be further discussed as well. (author) [de

  18. The 2010 amendments to the environmental emergency regulations

    International Nuclear Information System (INIS)

    Dowdall, E.; Ketcheson, K.; Shrives, J.; Hradecky, K.

    2009-01-01

    This presentation gave notice of amendments to the Environmental Emergency Regulations, pursuant to section 200 of the 1999 Canadian Environmental Protection Act. At the time of publication, the Regulations required the development and implementation of environmental emergency plans for 174 substances with associated thresholds that, if released to the environment, could harm human health or environmental quality. Substances of concern, including CEPA toxic substances are reviewed regularly by the Environmental Emergencies Division of Environment Canada to determine whether they should be added to the Regulations. An evaluation of substances has been completed and, as a result, 33 new substances have been proposed to be added to the Regulations. Thirty are known CEPA toxics and the other 3 are substances of concern, notably acetic acid, ammonium nitrate and styrene. These substances of concern are considered to pose an unacceptable level of risk from their release and would require environmental emergency planning. This paper also identified the substances from the Chemicals Management Plan that have been evaluated using environmental criteria and have been found to be candidates for possible future addition to the Regulations. The process used to determine regulated threshold quantities was also described. 5 refs., 5 tabs.

  19. The importance of product definitions in US e-cigarette laws and regulations.

    Science.gov (United States)

    Lempert, Lauren K; Grana, Rachel; Glantz, Stanton A

    2016-04-01

    How electronic cigarettes and similar products (e-cigarettes) are defined affects how they are regulated, particularly whether existing laws for cigarettes apply, including sales and marketing, youth access, smoke-free and taxation laws. We examined the text of 46 bills that define e-cigarettes enacted in 40 states and characterised how e-cigarettes and similar products were defined. States enact laws creating new product categories for e-cigarettes separate from the 'tobacco product' category (eg, 'alternative nicotine product,' 'vapour product,' 'electronic nicotine device'), with four states explicitly excluding e-cigarettes from 'tobacco products.' Twenty-eight states do not include e-cigarettes in their definitions of 'tobacco products' or 'smoking,' eight include e-cigarettes as 'tobacco products,' three include e-cigarettes in 'smoking.' Sixteen states' definitions of e-cigarettes require nicotine, and five states pre-empt more stringent local laws. Tobacco and e-cigarette industry representatives tried to shape laws that benefit their interests. Definitions separating e-cigarettes from other tobacco products are common. Similar to past 'Trojan horse' policies, e-cigarette policies that initially appear to restrict sales (eg, limit youth access) may actually undermine regulation if they establish local pre-emption or create definitions that divide e-cigarettes from other tobacco products. Comparable issues are raised by the European Union Tobacco Products Directive and e-cigarette regulations in other countries. Policymakers should carefully draft legislation with definitions of e-cigarettes that broadly define the products, do not require nicotine or tobacco, do not pre-empt stronger regulations and explicitly include e-cigarettes in smoke-free and taxation laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

  20. Sovereignties in Conflict: Socio-environmental Mobilization and the Glaciers Law in Argentina

    OpenAIRE

    Lucas Christel; Daniel Torunczyk

    2017-01-01

    Until 2010, the cycle of socio-environmental mobilization in Argentina against transnational mining that began in 2003 had influenced legislative power only at subnational levels. The enactment of the Glaciers Law in 2010 constituted the first time that socio-environmental mobilization successfully influenced legislative power at the federal level. This article makes a double contribution to the analysis of this type of conflict. In theoretical terms, through the notion of “sovereignties in c...

  1. Decree Law No. 38/90 of 8 November 1990 providing for environmental impact assessments

    International Nuclear Information System (INIS)

    1990-01-01

    This Decree, made in implementation of Decree-Law No. 186/90 on environmental protection, provides that prior to any licence being granted to any project, including nuclear installations, the licensing authority must be provided with an environmental impact study of the planned installation. This study must include a description of the project, its site, its operational characteristics, physical, geological, hydrological, ecological, demographic data, as well as information on the quality of the environment [fr

  2. On the concept and legal nature of sustainable development: Does 'environmental law' exist?

    Directory of Open Access Journals (Sweden)

    Prica Miloš

    2014-01-01

    Full Text Available The idea of sustainable development has developed within the triangular framework of economic, social and environmental policy. It has been the result of man's endeavor in the course of development of mankind to harmonize the relations between economy and ecology for the purpose of satisfying the present needs but without endangering the prospects of future generations to satisfy their own needs. The principle of sustainable development has been present in the international legislation for the past 40 years. The antagonism between economy and ecology has never ceased. Quite the reverse, at the beginning of the 21st century, mankind has encountered the dramatic effects of the rampant global politics and the unpromising prospects of man's subsistence and development. The reason is certainly to be found in the fact that the environment protection policy does not have an adequate legal framework, which is not a matter of legal technique but a matter of substance in global politics. Consequently, this discussion on the legal nature of sustainable development takes us from technique to substance. First, the author analyzes the international legislation and judicature on the issues of sustainable development; thereupon, the author concludes that the principle of sustainable development has not obtained the rank and the outreach of a legal principle (source of law in the international law, which ultimately makes the very existence of environmental law highly disputable. If sustainable development as a fundamental principle (supra-principle does not have the power of a binding principle, the existing international legal sources concerning certain aspects of the living environment are nothing but arable land covered by sand. Actually, the significant feature of the existing international sources on sustainable development is 'the legal ideology' which, being an instrument of environmental policy rather than an instrument of environmental law, actually

  3. Environmental regulation and the export dynamics of energy technologies

    International Nuclear Information System (INIS)

    Costantini, Valeria; Crespi, Francesco

    2008-01-01

    The pollution haven hypothesis affirms that an open market regime will encourage the flow of low-technology polluting industries towards developing countries because of potential comparative advantages related to low environmental standards. In contrast, the hypothesis suggested by Porter and van der Linde claims that innovating firms operate in a dynamic competitive situation which allows global diffusion of environmental-friendly technologies. Environmental regulation may represent a relevant mechanism through which technological change is induced. In this way, countries that are subject to more stringent environmental regulations may become net exporters of environmental technologies. This paper provides new evidence on the evolution of export flows of environmental technologies across different countries for the energy sector. Advanced economies, particularly the European Union, have increasingly focused on the role of energy policies as tools for sustaining the development path. The Kyoto Protocol commitments, together with growing import dependence on energy products, have brought attention to the analysis of innovation processes in this specific sector. The analysis uses a gravity model in order to test the determinants and the transmission channels through which environmental technologies for renewable energies and energy efficiency are exported to advanced and developing countries. Our results are consistent with the Porter and van der Linde hypothesis where environmental regulation represents a significant source of comparative advantages. What strongly emerges is that the stringency of environmental regulation supplemented by the strength of the National Innovation System is a crucial driver of export performance in the field of energy technologies. (author)

  4. Economic analysis of Japanese air pollution regulation : an optimal retirement problem under the vehicle type regulation in the NOx-particulate matter law

    Science.gov (United States)

    2009-05-01

    This paper examines the vehicle type regulation that was introduced under the Automobile : Nitrogen OxidesParticulate Matter Law to mitigate air pollution in Japanese metropolitan : areas. The vehicle type regulation effectively sets the timing fo...

  5. Economic analysis of a Japanese air pollution regulation : an optimal retirement problem under vehicle type regulation in the NOx-particulate matter law

    Science.gov (United States)

    2008-06-01

    This paper empirically examines the vehicle type regulation that was introduced under the : Automobile Nitrogen OxidesParticulate Matter Law to mitigate air pollution problems in Japanese metropolitan areas. The vehicle type regulation effectively...

  6. Limits of hazard diversion in environmental law. Pleading, on the basis of experience to date with dioxin-contaminated soils, for a soil protection law oriented to provisory care. Grenzen der Gefahrenabwehr im Umweltrecht. Plaedoyer fuer ein vorsorgebezogenes Bodenschutzgesetz aufgrund der Erfahrungen mit dioxinverunreinigten Boeden

    Energy Technology Data Exchange (ETDEWEB)

    Rid, U.; Hammann, W.

    1990-08-01

    The example of dioxin-contaminated soils highlights a typical problem of environmental law. Due to the numerous unresolved questions in the research on deleterious effects, substantiated statements of the probability of the occurrence of damages are almost impossible. In so far as protective laws restrict or prohibit the use of dioxin-contaminated soils in the interest of public welfare, clean-up measures can also be ordered on the basis of the blanket clause of police law for breach of public safety. Only the extension of hazard diversion by provisory care - and not an overstretched concept of hazard - can point a way out of the dilemma of knowledge deficits in the definition of the contamination threshold for a presumable hazard to health. As there is no uniform and clearly delineated concept of provisory care in environmental law, the autonomous content of this concept must be concretized in the specific laws and regulations of environmental law. (orig.).

  7. Environmental Regulation and Food Safety: Studies of Protection ...

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

    2006-01-01

    Jan 1, 2006 ... Book cover Environmental Regulation and Food Safety: Studies of ... are sometimes perceived in developing countries as nontariff barriers to trade. ... In some cases, products that had initially been refused access to a ...

  8. Competitiveness Implications of Environmental Regulations: Case Studies (1992- 1997)

    Science.gov (United States)

    This collection of reports is part of a series of case studies designed to examine Michael Porter’s hypothesis that innovative companies responding to environmental regulation can create competitive advantage through lower costs or higher sales.

  9. Environmental regulation in a network of simulated microbial ecosystems

    OpenAIRE

    Williams, Hywel T. P.; Lenton, Timothy M.

    2008-01-01

    The Earth possesses a number of regulatory feedback mechanisms involving life. In the absence of a population of competing biospheres, it has proved hard to find a robust evolutionary mechanism that would generate environmental regulation. It has been suggested that regulation must require altruistic environmental alterations by organisms and, therefore, would be evolutionarily unstable. This need not be the case if organisms alter the environment as a selectively neutral by-product of their ...

  10. On regulation of environmental responsibility in the final stage of the nuclear fuel cycle. - Parallel regulation within the framework of Euratom and the Lisbon-treaty

    International Nuclear Information System (INIS)

    Erhag, Thomas

    2010-09-01

    In Sweden, the responsibility for the disposal of spent nuclear fuel is regulated in various laws and regulations. This means that there is an overlap between laws providing a sometimes vague and weak legal situation. Although attempts have been made to coordinate environmental and nuclear law these attempts have not succeeded. Recently, several Swedish reports have again described the fact that we have a parallel system of legal rules for the handling of spent nuclear fuel and the consequences of this. Foremost attention has been drawn to the fact that the licensing of a repository must be made both under the Nuclear Safety Act and the Environmental Code. The regulation referred to above is Swedish, and both the parallel regulation of nuclear safety-, radiation protection- and environmental- responsibility, and the relationship between such legislation, has its own Swedish history. However, Swedish legislation in all these areas is also under the influence of international regulations. This article describes the parallel regulation of nuclear safety and radiation protection issues on a European level. It shows that the division and logic found in the relationship between the Swedish laws is only partially reflected at European level. First treated is the relationship between the EC-treaty and Euratom. The article then turns to examples of regulatory responsibility for waste management and communication of information relating to license applications (environmental impact assessments) for the final disposal of spent nuclear fuel within the framework of Euratom and the EC-treaty. Finally, it discusses the implications of this type of parallel regulation for the Swedish licensing procedure

  11. On regulation of environmental responsibility in the final stage of the nuclear fuel cycle. - Parallel regulation within the framework of Euratom and the Lisbon-treaty

    Energy Technology Data Exchange (ETDEWEB)

    Erhag, Thomas (Dept. of Law, Univ. of Goeteborg, Goeteborg (Sweden)), e-mail: thomas.erhag@law.gu.se

    2010-09-15

    In Sweden, the responsibility for the disposal of spent nuclear fuel is regulated in various laws and regulations. This means that there is an overlap between laws providing a sometimes vague and weak legal situation. Although attempts have been made to coordinate environmental and nuclear law these attempts have not succeeded. Recently, several Swedish reports have again described the fact that we have a parallel system of legal rules for the handling of spent nuclear fuel and the consequences of this. Foremost attention has been drawn to the fact that the licensing of a repository must be made both under the Nuclear Safety Act and the Environmental Code. The regulation referred to above is Swedish, and both the parallel regulation of nuclear safety-, radiation protection- and environmental- responsibility, and the relationship between such legislation, has its own Swedish history. However, Swedish legislation in all these areas is also under the influence of international regulations. This article describes the parallel regulation of nuclear safety and radiation protection issues on a European level. It shows that the division and logic found in the relationship between the Swedish laws is only partially reflected at European level. First treated is the relationship between the EC-treaty and Euratom. The article then turns to examples of regulatory responsibility for waste management and communication of information relating to license applications (environmental impact assessments) for the final disposal of spent nuclear fuel within the framework of Euratom and the EC-treaty. Finally, it discusses the implications of this type of parallel regulation for the Swedish licensing procedure

  12. An Approach to Regulation on Financial Derivatives in the Spanish Law

    Directory of Open Access Journals (Sweden)

    Pablo Sanz Bayón

    2013-07-01

    Full Text Available This review examines the major reforms implemented in the regulations governing the trading of financial derivatives in Spain. This new regulation is intended to harmonize the treatment of derivative products with the legal standards of international markets in the European area as well as improving their competitiveness by enhancing the trading of new products and business lines in the Spanish markets while reducing the systemic risk associated to the clearing and settlement of derivatives contracts. Including measures regarding the conversion of OTC derivatives into assets quoted on organized markets into Spanish law has made an important contribution to a better regulation, security and transparency of the financial system.

  13. Suicide Rates and State Laws Regulating Access and Exposure to Handguns.

    Science.gov (United States)

    Anestis, Michael D; Anestis, Joye C

    2015-10-01

    Using previous research, we examined the impact of 4 handgun laws (waiting periods, universal background checks, gun locks, and open carrying regulations) on suicide rates. We used publicly available databases to collect information on statewide laws, suicide rates, and demographic characteristics for 2013. Each law was associated with significantly lower firearm suicide rates and the proportion of suicides resulting from firearms. In addition, each law, except for that which required a waiting period, was associated with a lower overall suicide rate. Follow-up analyses showed a significant indirect effect on overall suicide rates through the proportion of suicides by firearms, indicating that the reduced overall suicide rate was attributable to fewer suicide attempts, fewer handguns in the home, suicide attempts using less lethal means, or a combination of these factors. States that implemented any of these laws saw a decreased suicide rate in subsequent years, whereas the only state that repealed 1 of these laws saw an increased suicide rate. Our results were supportive of a potentially vital role in suicide prevention for state legislation that limits access and exposure to handguns.

  14. Environmental regulation and MNEs location : does CSR matter?

    NARCIS (Netherlands)

    Scholtens, B.; Dam, L.

    2008-01-01

    We investigate whether firms with relatively low environmental standards are more often located in countries that are poor, corrupt or have weak environmental regulations. We find new empirical evidence in favor of the Pollution Haven Hypothesis, which states that MNEs are transferring their dirty

  15. Environmental regulations and emissions trading in China

    International Nuclear Information System (INIS)

    Chang, Y.-C.; Wang Nannan

    2010-01-01

    This paper begins with the international context concerning climate change and how China fits into this context. Concentration is then turning into the emissions control system in China including environmental planning, legislation, policy instruments and measures as well as institutional setting in China's environmental governance system. Special attentions also being paid to emissions control in China's power sector. It should be noted that the pollution discharge permit system in China only exists superficially in many places. Insufficient resources are applied to the implementation of the said permit system, which in turn means that the system is applied according to differing standards in different parts of the country. The findings of this paper suggested that emissions trading programmes are usually introduced alongside the existing policies. The power sector usually has numerous other policy objectives and therefore the design and implementation of emissions trading programmes in the sector will have to address concern about the compatibility of existing industry policies.

  16. Mapping medical marijuana: state laws regulating patients, product safety, supply chains and dispensaries, 2017.

    Science.gov (United States)

    Klieger, Sarah B; Gutman, Abraham; Allen, Leslie; Pacula, Rosalie Liccardo; Ibrahim, Jennifer K; Burris, Scott

    2017-12-01

    (1) To describe open source legal data sets, created for research use, that capture the key provisions of US state medical marijuana laws. The data document how state lawmakers have regulated a medicine that remains, under federal law, a Schedule I illegal drug with no legitimate medical use. (2) To demonstrate the variability that exists across states in rules governing patient access, product safety and dispensary practice. Two legal researchers collected and coded state laws governing marijuana patients, product safety and dispensaries in effect on 1 February 2017, creating three empirical legal data sets. We used summary tables to identify the variation in specific statutory provisions specified in each state's medical marijuana law as it existed on 1 February 2017. We compared aspects of these laws to the traditional Federal approach to regulating medicine. Full data sets, codebooks and protocols are available through the Prescription Drug Abuse Policy System (http://www.pdaps.org/; Archived at http://www.webcitation.org/6qv5CZNaZ on 2 June 2017). Twenty-eight states (including the District of Columbia) have authorized medical marijuana. Twenty-seven specify qualifying diseases, which differ across states. All states protect patient privacy; only 14 protect patients against discrimination. Eighteen states have mandatory product safety testing before any sale. While the majority have package/label regulations, states have a wide range of specific requirements. Most regulate dispensaries (25 states), with considerable variation in specific provisions such as permitted product supply sources number of dispensaries per state and restricting proximity to various types of location. The federal ban in the United States on marijuana has resulted in a patchwork of regulatory strategies that are not uniformly consistent with the approach usually taken by the Federal government and whose effectiveness remains unknown. © 2017 Society for the Study of Addiction.

  17. Egyptian Environmental Activities and Regulations for Management of Hazardous Substances and Hazardous Wastes

    International Nuclear Information System (INIS)

    El Zarka, M.

    1999-01-01

    A substantial use of hazardous substances is essential to meet the social and economic goals of the community in Egypt. Agrochemicals are being used extensively to increase crop yield. The outdated agrochemicals and their empty containers represent a serious environmental problem. Industrial development in different sectors in Egypt obligates handling of huge amounts of hazardous substances and hazardous wastes. The inappropriate handling of such hazardous substances creates several health and environmental problems. Egypt faces many challenges to control safe handling of such substances and wastes. Several regulations are governing handling of hazardous substances in Egypt. The unified Environmental Law 4 for the year 1994 includes a full chapter on the Management of Hazardous Substances and Hazardous Wastes. National and international activities have been taken to manage hazardous substances and hazardous wastes in an environmental sound manner

  18. Ownership and environmental regulation: Evidence from the European electricity industry

    International Nuclear Information System (INIS)

    Clò, Stefano; Ferraris, Matteo; Florio, Massimo

    2017-01-01

    The paper investigates how ownership affects the environmental performance in developed countries where environmental regulation is introduced in the form of market-based instrument. By looking at a cross-country panel dataset of 29 power markets around Europe over the period 1990–2012, we find empirical evidence that an increase of public ownership, as measured by the OECD ETCR index, is associated with a reduction of both greenhouse gas emissions and carbon intensity. We also find that the implementation of the European Emissions Trading Scheme (ETS) had a limited impact on emissions' reduction due to lax allocation of allowances. The positive effect of public ownership on environmental performance has been significant even after the introduction of the ETS, giving additional incentives to mitigate emissions when the ETS cap was not stringent enough. This evidence suggests that government control over power companies in Europe can has created idiosyncratic incentives to improve environmental quality, complementing environmental regulation in the achievement of environmental goals when the latter was absent or sub-optimal. - Highlights: • We analyse the power industry's environmental performance in 29 European countries. • Public ownership is associated with lower emissions than private ownership. • Mixed oligopoly is superior to private oligopoly in environmental terms. • The ETS had a limited impact on emissions' reduction due to over-allocation. • Public ownership mitigates the effects of sub-optimal environmental regulation.

  19. Willingness to pay for environmental improvements in hydropower regulated rivers

    International Nuclear Information System (INIS)

    Kataria, Mitesh

    2009-01-01

    This paper uses a choice experiment to estimate how Swedish households value different environmental improvements for the hydropower regulated rivers. We obtained clear evidence that Swedish households have preferences for environmental improvement in hydropower regulated waters, at least when the cost is relatively low. Remedial measures that improve the conditions for all of the included environmental attributes i.e. fish, benthic invertebrates, river-margin vegetation and birds were found to have a significant welfare increasing impact. The results can be of value for the implementation of the Water Framework Directives in Sweden, which aims to reform the use of all surface water and ground water in the member states. (author)

  20. Environmental and economic evaluation of the Massachusetts Smoke-Free Workplace Law.

    Science.gov (United States)

    Alpert, Hillel R; Carpenter, Carrie M; Travers, Mark J; Connolly, Gregory N

    2007-08-01

    An environmental and economic evaluation of the smoke-free law in Massachusetts provides a broad appreciation of how a state-wide smoking ban affects the health of patrons and workers as well as the industries that are commonly concerned about the effects of smoking bans on business. The aim of this study is to evaluate environmental and economic effects of the statewide Massachusetts statewide Smoke-Free Workplace Law. Before and after the smoking ban, air quality testing was conducted in a sample (n = 27) of hospitality venues and state-wide economic changes were assessed. Compliance, in terms of patronage was measured by person-counts. Environmental outcomes were respirable suspended particles (RSP) less than 2.5 microns in diameter (PM2.5). Economic outcomes were meals tax collections, employment in the food services and drinking places and accommodations industries. On average, levels of respirable suspended particles (RSPs) less than 2.5 microns in diameter (PM2.5) decreased 93% in these venues after the Massachusetts Smoke-free Workplace Law went into effect. No statistically significant changes were observed among the economic indicators. This evaluation demonstrates that the state-wide Massachusetts law has effectively improved indoor air quality in a sample of Massachusetts venues and has not negatively affected several economic indicators.

  1. International Environmental Law and Naval War: The Effect of Marine Safety and Pollution Conventions During International Armed Conflict

    Science.gov (United States)

    2000-12-01

    propulsion was done with military applications in mind: Könz, 57 AJIL (1963), 109; Szasz , 2 JMLC (1971), No. 3, 553. 313 International Environmental Law and...International Environmental Law and Naval War Report Documentation Page Form ApprovedOMB No. 0704-0188 Public reporting burden for the collection of...other provision of law , no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently

  2. Study on effects of environmental regulation on competitiveness

    Energy Technology Data Exchange (ETDEWEB)

    Kang, Man Ok; Lim, Hyun Jeong [Korea Environment Institute, Seoul (Korea)

    1999-12-01

    For Korea, the claim that the enhancement of environmental regulation is worsening the international competitiveness of the business is dominant. However, it is too early to reestablish a relationship between environmental regulation and competitiveness with the above new aspect. In fact, the economic development, which is brought a quantitative growth, and the maintenance of environmental quality, which is brought a qualitative growth, are very important on decision making in economic and social policy. In this study, it represents the results of existing positive studies on the relationship between the enhancement of environmental regulation, trade and productivity. Moreover, the objective of this study is on applying it based on the data of Korea. 86 refs., 13 figs., 35 tabs.

  3. Environmental impact assessment of projects in the People's Republic of China: new law, old problems

    International Nuclear Information System (INIS)

    Wang Yan; Morgan, Richard K.; Cashmore, Mat

    2003-01-01

    After more than 20 years of experience with environmental impact assessment (EIA), the government of the People's Republic of China is set to introduce a new EIA Law, in September 2003, in which strategic environmental assessment (SEA) complements the current project-oriented EIA process. In general, the new law does not attempt to modify the existing EIA system in any radical ways, suggesting that the government consider current practices satisfactory. In order to assess the likely prospects of the new EIA Law for project-level EIA, this paper presents an evaluation of the current EIA process in China, first, establishing the historical context of the current process and, second, considering the main issues and concerns relating to the institutional and procedural arrangements, and practical implementation of the process. The main problems highlighted are as follows: the narrow historic focus on pollution of air, water and soil, at the expense of the consideration of wider environmental, social and health impacts; environmental protection agencies being funded by development-oriented local government administrations; the lack of consideration of alternatives in EIA processes; and the lack of effective public participation. More specific procedural issues are also discussed. On the basis of this analysis, we make recommendations for improving the effectiveness of EIA at the project level. The introduction of SEA in the new law marks a real step forward for EIA in China, although it appears to exclude central government policies, and there are improved provisions for public participation. However, the prospects for EIA in China will remain mixed as long as the new law leaves project-level EIA largely unchanged

  4. Environmental regulation of a power investment in an international market

    International Nuclear Information System (INIS)

    Vennemo, H.; Halseth, A.

    2001-01-01

    We examine the optimal environmental regulation of three Norwegian power projects: energy conservation, a natural gas fired CCGT and a new hydro project. All projects reduce emissions elsewhere in the Nordic region, and the environmental costs of these emissions are not, in general, fully reflected in market prices. We develop a theory of second best optimal regulation for this case. The optimal regulation is found to deviate substantially from a purely domestic regulation. For instance, we find it optimal to grant a substantial credit to energy conservation. The credit is sensitive to the value of reduced CO 2 emissions and whether the current Norwegian end user tax should be interpreted as an environmental or a fiscal tax

  5. The future of environmental protection: A U.S. regulator's perspective

    International Nuclear Information System (INIS)

    Dicus, G.J.

    2002-01-01

    The U.S. has the largest number of nuclear installations of any country in the world. This puts us at an extreme end of the spectrum. As a result, I have touched on many issues relative to environmental protection. Therefore in summary, let me list these issues: Before moving ahead, look at what has been done thus far. Executive policy and a national regulatory infrastructure. - Environmental Impact Statements. - Environmental Justice. Standards determined by law or courts. Consultation with other national agencies and countries. Improving the timetable for issuing regulations and supporting guidance. Improved communications and training of staff. Transparency and flexibility throughout the regulatory process. Differences in regulatory approaches are OK, as long as the end result is to achieve sound national environmental and public health and safety policy. I believe that this series of conferences represents an excellent opportunity to come to resolution about the future of environmental regulations and policies. Having this information will assist us in harmonizing any proposed recommendation(s) for radiological protection of the environment involving commodities containing radioactive materials or unrestricted release of slightly radioactive materials by using the existing environmental radiation protection framework as a starting point. Doing so in an open, encompassing manner will, in my opinion, go a long way towards resolving some of the current controversies about radiation protection standards in the U.S., as well as around the world, with the desirable end result of increasing public confidence in our environmental radiation protection programs. (author)

  6. Regionally differentiated air pollution control regulations in the installation-related emission control law of the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Buettner, T.W.

    1992-01-01

    The volume treats an issue from the boundary zone between environmental law and environmental economics, namely the regionalization of air pollution control standards in installation-related emission control law. In order to examine the question of whether this proposal, which originates in the field of environmental economics, can be adopted and is purposeful, the author initially performs a complete inventorization of applicable norms, this covering emission control law, the law of regional planning, and the provisions of international law. This status quo is then reviewed using conformity and optimization criteria developed by the political sciences. The assessment comes to the conclusion that the introduction of regionally differentiated air pollution control standards is not desirable. The author further submits proposals for the streamlining of the law of installation-related air pollution control in the Federal Republic of Germany. (orig.) [de

  7. THE ROLE OF NON-GOVERNMENTAL ORGANISATIONS IN CREATING STANDARDS IN INTERNATIONAL ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Oana Maria HANCIU

    2015-07-01

    Full Text Available The participation and influence of non-governmental actors in areas of international environmental governance has increased tremendously over the last decades. Some of these non-governmental organization (NGOs, like International Union for Conservation of Nature, World Wide Fund for Nature or Greenpeace, have a global character and an intense activity in promoting environmental protection. Of great importance is the fact that some NGOs have gained a consultative status in international and regional organizations influencing the process of drafting and adopting norms of international environmental law. The study analyses the contribution of NGOs in international environmental field and their essential role as ,,guardians of the environment” in promoting and respecting the provisions of international environmental agreements, in particular of Aarhus Convention.

  8. On the quality of regulating impact of labor law in Russia

    Directory of Open Access Journals (Sweden)

    Yuliya O. Almayeva

    2015-12-01

    Full Text Available Objective to prove that the development of the legislation quality theory in labor law is of great practical importance. Methods the methodological basis of research is universal dialectic method of cognition as well as other general theoretical methods. Taking into account the impossibility to research and solve problems through the use of exclusively legal matter the specific scientific methods were also widely used formallogical comparativelegal etc. Results basing on the analysis of scientific works on the topic it is concluded that the integral characteristics of the labour standards quality requires consideration of not only legal but also social political and moral points of view. With this approach it is logical to allocate not only legal but also sociopolitical and moral quality of the labour law. It is recognized that the existing theoretical legal works on the problem of labor laws quality do not allow to speak about creation of the quality concept development of the research methodology of labour quality standards. It is concluded that the quality of the regulatory impact of labour legislation in Russia is not always at the proper level. Moreover among the main reasons for the imperfection of the normative base regulating sociallabour relations it is necessary to allocate objective and subjective reasons and their quotsymbiosisquot. Scientific novelty it was found that the definition of the quality of the law regulating sociolabour relations should have an indication of properties of their components the content of legal norms which allow to establish whether a particular law is a quality one. Practical significance the theoretical principles formulated in the article can be used in scientific legislative and law enforcement activity educational process of higher vocational education institutions of the legal profile to improve the skills of practitioners and scientificpedagogical staff in the field of jurisprudence. nbsp

  9. Environmental Law

    Science.gov (United States)

    2005-09-01

    in litigation, which may require the Department of the Interior to introduce Mexican grey wolves onto White Sands Missile Range, New Mexico, although...first reservation of federal land was Yellowstone National Park in 1872. B. The first preservation statute was the Antiquities Act of 1906. 16 U.S.C

  10. Environmental Law

    Science.gov (United States)

    2002-06-01

    district engineer, or the Chief of Engineers. But see United States v. Mango , No. 96-CR-327, 1998 WL 106238 (N.D.N.Y. Mar. 5, 1998) (a dredge and...Section 9 of the ESA prohibits a wide range of conduct deemed threatening to species, including importing, exporting , removing, taking, damaging... exporting listed species). C. "Citizen suits" can also be brought against a federal agency for violations of the ESA. V-24 1. Under the ESA, "any person

  11. On the significance of the employee status and of the personal scope of labour law regulation

    Directory of Open Access Journals (Sweden)

    Jakab Nóra I.

    2016-01-01

    Full Text Available The essay focuses on the relevance of the labour law regulation's personal scope, what the holistic approach of employee status and its social part mean. There have been discussions in the European Union to which circle of working people shall the protection system of labour law apply, and how the security of employees can be guaranteed under the pressure of flexibility. The debates have been inspired by a changed economic and social environment in the XXth centrury. The essay presents the influence of the changing economic and social environment in the concept of employee status, and more closer in the Hungarian labour law regulation. The decision who is acknowledged to be an employee is made by the legislator. By making this decision the labour law regulation shows a tendency of withdrawal and moving forward in the last decades. The change of employment contract develops at the same time with the expansion of personal scope in Europe and shows a great variety. The legislation, judicial practice, legal practice and the collective bargaining influence the expansion of protection under labour law. The changes of personal scope in the Labour Code of 1992 and 2012 are presented, how it is extended and in which direction. The personal scope is also applied to link the public and private sector by finding a common focal point: the characteristics of employment. While coping with the employment relations on the labour market and trying to fit into the self-employed - employee-like person - employee categories, it is suggested to exceed the contractual framework by means of abstraction and using the concept of personal work relations. Employee status has social part; therefore the essay describes the social consequences of being employee and its relation to the employee status.

  12. Is environmental impact assessment regulation a 'burden' to private firms?

    International Nuclear Information System (INIS)

    Annandale, David; Taplin, Ross

    2003-01-01

    The impact of environmental regulation on macroeconomic performance has been studied in some depth over the last 15 years. Similarly, impact on profit performance, investment intention and location decisions of firms has also been studied, although in less depth. There has been less academic interest, however, in the impact that environmental regulation has on the strategic objectives of companies. This article reports on a research project that focused on the impact that environmental approvals regulation (predominantly environmental impact assessment, EIA) has on proposed new development in the international mining sector. Based on a large and externally valid survey of senior mining company executives in Australia and Canada in the late 1990s, the research indicated that a significant majority of firms consider the environmental approvals process to be an important determinant of investment strategy. An initial reaction to these figures might suggest that the majority of respondents believe the environmental approvals process to be a negative influence. However, further questioning indicated that only a small proportion of companies in both countries thought of the environmental approvals process as an impediment to development. Instead, it is clear that most firms see EIA as a catalyst for integrating environmental design into the early planning of a project, thereby alleviating the need to spend money on overcoming environmental problems once a poorly designed project has been commissioned. The somewhat surprising conclusion that companies see environmental approvals regulation as important, but as an encouragement to development rather than as an impediment, goes against much previous industry and academic comment and, at least in relation to the mining sector, refutes the idea that EIA is ''burdensome''

  13. Environmental regulation in a network of simulated microbial ecosystems.

    Science.gov (United States)

    Williams, Hywel T P; Lenton, Timothy M

    2008-07-29

    The Earth possesses a number of regulatory feedback mechanisms involving life. In the absence of a population of competing biospheres, it has proved hard to find a robust evolutionary mechanism that would generate environmental regulation. It has been suggested that regulation must require altruistic environmental alterations by organisms and, therefore, would be evolutionarily unstable. This need not be the case if organisms alter the environment as a selectively neutral by-product of their metabolism, as in the majority of biogeochemical reactions, but a question then arises: Why should the combined by-product effects of the biota have a stabilizing, rather than destabilizing, influence on the environment? Under certain conditions, selection acting above the level of the individual can be an effective adaptive force. Here we present an evolutionary simulation model in which environmental regulation involving higher-level selection robustly emerges in a network of interconnected microbial ecosystems. Spatial structure creates conditions for a limited form of higher-level selection to act on the collective environment-altering properties of local communities. Local communities that improve their environmental conditions achieve larger populations and are better colonizers of available space, whereas local communities that degrade their environment shrink and become susceptible to invasion. The spread of environment-improving communities alters the global environment toward the optimal conditions for growth and tends to regulate against external perturbations. This work suggests a mechanism for environmental regulation that is consistent with evolutionary theory.

  14. Comparative Study Between The IAEA Model Regulations and The Egyptian Nuclear Law

    International Nuclear Information System (INIS)

    Abaza, A.; Hosni, M.

    2015-01-01

    This study deals with the security of radioactive sources due to its great importance, in order to provide the adequate security of these sources from the threat of theft, sabotage, illegal seizure through doing a comparison between the model regulations of the International Atomic Energy Agency (IAEA) (11) and the Egyptian law (No. 7/2010) that regulates nuclear and radiation activities and its executive regulations. The Egyptian legislator has put a chapter entitled n uclear security w ith the aim of organizing the security of nuclear materials. However, there was a review to some regulatory rules issued by the IAEA on the security of these sources which include the responsibilities of the licensee towards it. This chapter also, addressed the security culture through rehabilitation and training, in addition to the obligations of the competent authorities who is responsible for the process of issuing the license when full requirements are met. It has been shown that the Egyptian law and its executive regulations contained the rule that provides the necessary protection for these radioactive sources. Furthermore, more regulations are still needed to provide adequate security and more protection for the radioactive sources and its facilities

  15. Just who is at risk? The ethics of environmental regulation.

    Science.gov (United States)

    Simon, Ted

    2011-08-01

    The willingness to view risk as part of daily life has vanished. A risk-averse mindset among environmental regulators engenders confusion between the ethics of intention and the ethics of consequence, leading to the elevation of the precautionary principle with unintended and often unfortunate outcomes. Environmental risk assessment is conservative, but the actual level of conservatism cannot be determined. High-end exposure assumptions and current toxicity criteria from the USEPA, based on linear extrapolation for carcinogens and default uncertainty factors for systemic toxicants, obscure the degree of conservatism in risk assessments. Ideally, one could choose a percentile of the target population to include within environmental standards, but this choice is complicated by the food, pharmaceutical and advertising industries, whose activities, inadvertent or not, often promote maladaptive and unhealthy lifestyle choices. There has lately been much discussion about background exposures and disease processes and their potential to increase the risk from environmental chemicals. Should these background exposures or disease processes, especially those associated with maladaptive individual choices, be included as part of a regulatory risk evaluation? A significant ethical question is whether environmental regulation should protect those pursuing a self-destructive lifestyle that may add to or synergize with otherwise innocuous environmental exposures. Choosing a target percentile of protection would provide an increased level of transparency and the flexibility to choose a higher or lower percentile if such a choice is warranted. Transparency and flexibility will lead to more responsive environmental regulation that balances protection of public health and the stewardship of societal resources.

  16. You Can't Eat Biodiversity: Agency and Irrational Norms in European Aquatic Environmental Law

    Directory of Open Access Journals (Sweden)

    Tim G. O'Higgins

    2017-02-01

    Full Text Available Policies of the European Union cover a range of social, environmental and economic aspirations and the current environmental directives and laws have evolved from a suite of norms which have changed over time. These may be characterised loosely according to 'Three Ps': Practical, those taking an anthropocentric approach; Pure, those taking an ecocentric approach and Popular, those appealing to the general public. In this paper I use these three perspectives as a tool to analyse the complexity and identify contradictions in European aquatic environmental legislation. Some trade-offs between development and conservation are identified and used to characterise the potential qualities of more successful agency to achieve environmental goals in the governance of European aquatic environments.

  17. Integrated environmental protection obligations under European law, survey analysis of Austrian legislation

    International Nuclear Information System (INIS)

    Berthaler, W.

    2001-05-01

    This work focuses on legal instruments serving integrated environmental protection, especially with respect to administrative procedures concerning plant permits, and their inhorent limits. Initially, the legal and scientific approach pursued under the notion of 'integrated environmental protection' and 'environmental impact assessment' is examined and clarified in chapter A. Based thereon, chapter B deals with the obligations resulting from the EIA-Directive and - compared therewith - from the IPPC-Directive with regard to procedures for plant permits. Further, Austria's delay in fully transposing these directives is examined. When dealing with the constitutional basis for transposing the EIA- and IPPC-D into Austrian administrative law (chapter C), the inherent limits of some competence of legislation are discovered to be too narrow to ensure full compliance with EC law; only with regard to EIA, legistation is based on sound constitutional ground. The second part of the work is devoted to three areas of discussion on EIA- and IPPC-procedures under Austrian law: the scope of their applicability (chapter D), the problems of integrated evaluation and the limits of ecological expertise (chapter E) and aspects of public participation (chapter F). The study is concluded by a summary of the main results (chapter G). (author)

  18. Institutionalizing environmental protection through self-regulation: the case of environmental standards adoption in Lithuania.

    Science.gov (United States)

    Bileisis, Mantas; Misiune, Ieva

    2017-04-01

    The impacts of human activity in the environment have a global dimension, but there are no effective global governance instruments to enforce environmental standards. At the same time, many national governments lack incentives to pursue strict environmental policies. In this context, self-regulation is seen as an alternative venue to address environmental challenges. This work aims to identify factors that influence companies to engage in environmental self-regulation? For this aim in March 2015 a survey of 482 companies was conducted. The target group were companies operating in Lithuania that hold ISO14001 certificates - one of the most prolific instruments for self-regulation. The questionnaire was designed to test assumptions developed in new institutionalist literature which claim that common practices can emerge through isomorphism.- The results showed that the main motive for environmental self-regulation is the desire to improve company image, rather than protecting the environment per se. Another important finding was that the main source of pressure to adopt self-regulation was based less on the perceived demands but the customers. Rather the driver for the adoption was a feeling of a need no to fall behind industry leaders. Thus, normative isomorphism is the main mechanism through which environmental self-regulation proliferates. We claim for a rapid proliferation of environmental self-regulation perceived industry leaders need to be identified and they need to be persuaded that environmental standards are key for the development of the industry. However, this also raises questions of sustainability. Few industries have long standing leaders, and through successful investment and technological development new actors can arise and this may risk stalling or even reversing self-regulation.

  19. Climatic change and development of law in 2005. Preliminary advice and report of the 89th general meeting of the Association for Environmental Laws, September 30, 2005

    International Nuclear Information System (INIS)

    Van Angeren, J.R.; Bazelmans, J.M.; Cozijnsen, C.J.H.; Driesprong, A.; Van der Jagt, J.A.E.; Peeters, M.; Verbaan, I.J.; Van Rijswijck, H.F.M.W.; Ramnewash-Oemrawsingh, S.T.; De Kramer, P.T.

    2006-01-01

    The development of laws to control the climate change problem has only just begun. The Netherlands, too, has legal measures for controlling this problem and first jurisprudence has developed. The working group 'Climate change and development of laws', which was set up by the Dutch Society for Environmental Law, has thoroughly examined the legal side of climate change. This resulted in a preliminary advice in which international and European legislative developments, various aspects of emission trading and its international variant are discussed. Moreover, national and international water management in relation to the consequences of climate change are also examined. (mk) [nl

  20. Becoming a law to regulate the production and use of chemicals: the problems of technical regulation

    Directory of Open Access Journals (Sweden)

    О. С. Бабенко

    2013-10-01

    Full Text Available The system of legal regulation of the management of chemicals in Ukraine, although it has become a development, but is very imperfect. The main problems concerning technical legislation, the resolution of which will improve the systems of standardization and certification focused on European practice.

  1. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1979-01-01

    The law aims to perform regulations on enterprises of refining, processing and reprocessing of nuclear source and fuel materials and on establishment and operation of reactors to realize the peaceful and deliberate utilization of atomic energy according to the principle of the atomic energy basic law. Regulations of use of internationally regulated substances are also envisaged to observe international agreements. Basic concepts and terms are defined, such as: atomic energy; nuclear fuel material; nuclear source material; reactor; refining; processing; reprocessing and internationally regulated substance. Any person besides the Power Reactor and Nuclear Fuel Material Developing Corporation who undertakes refining shall be designated by the Prime Minister and the Minister of International Trade and Industry. An application shall be filed to the ministers concerned, listing name and address of the person, name and location of the refining works, equipment and method of refining, etc. The permission of the Prime Minister is necessary for any person who engages in processing. An application shall be filed to the Prime Minister, listing name and address of the person, name and location of the processing works and equipment and method of processing, etc. Permission of the Prime Minister, the Minister of International Trade and Industry or the Minister of Transport is necessary for any person who sets up reactors. An application shall be filed to the minister concerned, listing name and address of the person, purpose of operation, style, thermal output of reactor and number of units, etc. (Okada, K.)

  2. The problem of the information in the environmental regulation

    Directory of Open Access Journals (Sweden)

    Nohra León R.

    2002-01-01

    Full Text Available There are two outstanding elements for the recent studies of environmental regulation: Firsdy the importance of recognizing the rationality agents that participate in the process to be regulated and in the other hand the asymmetric information problem. So, this context shows a mechanism regulation theory to price a natural resource, just like water, under moral hazard and adverse selection. These are issues concerned by every social scientist; therefore geographers must take these tools trying to develop harder works that engage some academic subjects.

  3. The Banality of Environmental Evil: From the Irrational Alienation Toward Democratic Deliberation in Environmental Law Formation

    Directory of Open Access Journals (Sweden)

    Leonardo da Rocha de Souza

    2015-12-01

    Full Text Available This study discusses the emergence of environmental banal evil in the complex societies since the concept of the banality of evil developed by Hannah Arendt in the book "Eichmann in Jerusalem". From this, proposes to develop a proactive action towards environmental protection, away from society in a neutral position in this area, as this neutrality creates an irrational alienation. Will use the deductive method and the indirect documentation of research technique. As a result, we intend to demonstrate that individuals must be willing to consciously democratic participation by developing an ability to think and formulate rational arguments on this subject in the public sphere.

  4. Environmental law. Important laws and ordinances for environmental protection. With the transitional provisions issued in the period leading to the German Unification. Full text edition with detailed index and an introduction by Prof. Dr. Peter-Christoph Storm. As of November 15, 1990. 6. rev. and enlarged ed. Umweltrecht. Wichtige Gesetze und Verordnungen zum Schutz der Umwelt. Mit den Ueberleitungsregelungen aus Anlass der Herstellung der Einheit Deutschlands. Textausgabe mit ausfuehrlichem Sachverzeichnis und einer Einfuehrung von Prof. Dr. Peter-Christoph Storm. Stand: 15. November 1990

    Energy Technology Data Exchange (ETDEWEB)

    1991-01-01

    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.).

  5. Regulations on environmental data for the petroleum activity

    International Nuclear Information System (INIS)

    1990-01-01

    The publication deals with the regulations on environmental data for the petroleum activity, stipulated by the Norwegian Petroleum Directorate on 1 December 1989 pursuant to Royal Decree of 28 June 1985, cf. Sections 7 and 33, cf. delegation of authority by the Ministry of Local Government and Labour of 28 June 1985. 1 tab

  6. Environmental Regulation and Food Safety: Studies of Protection ...

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

    1 janv. 2006 ... Environmental Regulation and Food Safety intéressera les artisans des politiques et les ONG , les chercheurs et les spécialistes de l'économie ... This funding will help strengthen the Science, Technology and Innovation Policy Research Organization's (STIPRO) role as a credible public policy institution in ...

  7. Internal Controls and Compliance with Laws and Regulations for the DOD Military Retirement Trust Fund Financial Statements for FY 1995

    National Research Council Canada - National Science Library

    1996-01-01

    ... No. 94-01, "Form and Content of Agency Financial Statements," November 16, 1993. In addition, we assessed the internal controls and compliance with laws and regulations related to the financial statements...

  8. Internal Controls and Compliance with Laws and Regulations for the DOD Military Retirement Trust Fund Financial Statements for FY 1996

    National Research Council Canada - National Science Library

    Lane, F

    1997-01-01

    ... No. 94-01, "Form and Content of Agency Financial Statements," November 16, 1993. In addition, we assessed the internal controls and compliance with laws and regulations related to the financial statements...

  9. Environmental impact studies of projects be licensed under the Atomic Law

    International Nuclear Information System (INIS)

    Heuel-Fabianek, Burkhard; Lennartz, Reinhard

    2009-01-01

    The German Law on Environmental Impact Assessment (UVPG) defines projects to be licensed under the Atomic Law that require an environmental impact study (EIS). Since the project concepts as defined in the UVPG are often not the same as those defined in the Atomic Law (AtG), the licensing authority has to decide which project should be subjected to an EIA. Additionally, Article 37 of the EURATOM Treaty obliges every Member State to communicate certain data relating to the impact of emissions of radioactive substances to the Commission. This is independent of the EIA. A licence may only be granted by the competent authorities if an opinion has been received from the Commission pursuant to Article 37. In either case, the licensing authority is the first point of contact for the applicant if the question arises of whether a project has to be subjected to an EIA. A ''voluntary'' EIA should be regarded with caution because of the complexity of such a procedure within the licensing process requiring considerable resources of time and manpower, and the danger of a loss of credibility of the EIA. (orig.)

  10. Strategic choices in the environmental debate: Environmental regulation and self-regulation

    DEFF Research Database (Denmark)

    Ulhøi, John Parm

    Den aktuelle miljødebat, der føres i litteraturen, kan give direkte anledning til den uheldige opfattelse, at det overvejende er et spørgsmål om miljøregulering eller indirekte regulering baseret på markedskræfterne. Dette er i modstrid med den kendsgerning, at der findes mange kombinationer i...

  11. The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Enver BUÇAJ

    2017-03-01

    Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism pheromone in line with principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none-European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in context of cyber-attacks events in attempt to establish legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber-attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

  12. The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Enver Buçaj

    2017-03-01

    Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism phenomena in line with the principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in the context of cyber attacks events in attempt to establish a legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

  13. Law no. 2001-398 of the 9 may 2001 creating a french Agency of sanitary and environmental safety (1)

    International Nuclear Information System (INIS)

    2001-05-01

    This law text indicates the goal and the missions of the french sanitary and environmental safety Agency, defined by the law no.2001-398: to assure the public health the Agency has to contribute to the the sanitary safety in the environment domain and to evaluate the risk bonded to the environment. (A.L.B)

  14. [International experience in the legal regulation of the circulation of medicines through the prism of the law of the world trade organization].

    Science.gov (United States)

    Pasechnyk, Olena V; Hendel, Nataliia V

    2018-01-01

    Introduction: The development of international legal cooperation in the field of health has largely been driven by the trade interests of states. The aim: The article analyzes the legal regulation of the circulation of medicines through the prism of the law of the World Trade Organization. Materials and methods: Using the historical legal method has allowed to analyze the genesis of legal regulation of the circulation of medicines through the prism of the law of the World Trade Organization. The dialectical method is widely used, in particular, when it comes to the issue of the ratio of market regulation of medicines circulation and public health protection, the formal logic method, in particular, in formulating the general principles, principles and methods of legal regulation in the field of medicines, as well as the systemic method, in particular, in defining the institutional component of legal regulation in the field of medicines. Review: The activities of the WTO include several areas related to health protection: international control over infectious diseases, international legal regulation of food safety (food security), tobacco control, environmental protection, international legal aspects of access and treatment of medicinal and pharmaceutical products, international legal regulation of medical services provision. Conclusions: It is proved that the right to health is a right to access to medicines. However, for many developing countries, it is problematic to obtain patents for the production of necessary medicines or to pay a license fee, which creates a barrier to the realization of the right to health.

  15. International Environmental Law and Naval War: The Effect of Marine Safety and Pollution Conventions During International Armed Conflict

    National Research Council Canada - National Science Library

    Boelaert-Suominen, Sonja

    2000-01-01

    .... The notion that the rules of general international environmental law continue to apply during armed conflict is now well accepted, but the principles that are usually cited remain at a very high level of abstraction...

  16. Environmental regulations: their impact on the battery and lead industries

    Science.gov (United States)

    Ainley, John R.

    This paper presents a general overview of the past and current position of the lead industry in relation to environmental legislation and its impact. The lead industry has watched environmental lead levels being steadily reduced down to levels that, ten years ago, would have been considered unachievable. Nevertheless, the industry has managed to survive the effect of the ever-increasing demands of environmental controls. During the last ten to twenty years, lead producers and users have had to assess their future positions, as the cost implications of environmental laws have had a significant impact on their bottom lines. Without doubt, this consideration most definitely affected the viability of many plants. The need to be aware of the existence of new and proposed legislation is of paramount importance, as the threat from the vast array of EEC legislation is ever apparent. Lead companies have all considered environmental legislation to have no more than a nuisance value, but it is of vital importance to the future of the industry that such legislation is approached in a positive and sensible way in order to demonstrate a full commitment to protecting both employees and the general environment. Lead must receive the credit that it so richly deserves.

  17. [Forensic psychologist's considerations about the new law regulation in cases of sexual crimes].

    Science.gov (United States)

    Gierowski, Józef Krzysztof

    2012-01-01

    The article comments, from the perspective of a forensic psychologist, the changes which have been recently provided to the law regulations on sexual crime and the treatment of the sexual crime perpetrators. It appears that the new law regulations follow the right path, because they create the conditions for holistic and complex solutions in the sexual crime treatment matter. Unfortunately they are still rather incomplete and inconsistent. Their practical implementation is difficult because of the very demanding qualification criteria to the psychotherapy of sexual crime perpetrators, the existence of law criteria to the therapy, the narrow frame of the therapy goals and unclear rules of therapy constraint. Moreover, in Poland there is a lack of complex therapy models of sexual perpetrators, we have little experience in this kind of therapy and there is a deficiency of qualified specialists. Finally the relationship between the treatment of this kind of criminals in prison conditions and ambulatory therapy conditions isn't very clearly precise. On the other hand, a lot of improvements have been provided, such as: continuing the treatment after leaving prison, not only pharmacological treatment but also psychotherapy, the system of prevention. Despite of the strong attempts to promote the special role of pharmacological treatment of sexual crime perpetrators (,,chemical castration"), the new solutions promote a complex and interdisciplinary approach to this problem. In this article, the author described the current Polish experience in the therapy of sexual crime perpetrators and listed several rules of preparing the forensic-psychological expertise according to the described problem in context of new legal regulations.

  18. A strategy for addressing environmental regulations in the 1990s

    International Nuclear Information System (INIS)

    Mason, P.F.

    1990-01-01

    In 1988, an assessment was made concerning environmental regulatory trends and the electric power industry and an eight point environmental permitting strategy and approach was outlined in 1989 to handle the environmental approvals for new power plants in the 1990s. The main features of the suggested strategy included: (1) development of a comprehensive and coordinated approach to environmental permitting, (2) inclusion of all levels of government and appropriate jurisdictions, (3) disclosure of considerably more information than previously required, (4) maintenance of records to allow traceability of issues, technical data, and environmental licensing positions, (5) development of legal and technical reviews and develop positions on a wider range of environmental issues, (6) encourage the development of both a global as well as a project-specific perspective, (7) review of existing plants and projects against contemporary environmental trends and patterns to assure continued compliance, and (8) prepare to entertain more project or facility reviews, audits, inspections and independent reviews. Since then this strategy and approach has been tested on several power and non-power projects and has proven to be a viable and constructive approach to the problem of environmental regulation. This paper summarizes the main features of this strategy and reviews the results of its application to these various projects and reviews its applicability to non-utility power projects

  19. LAWS, REGULATIONS, FORMALITIES AND FACILITIES/INCENTIVES ON INVESTMENT: A CASE OF BANGLADESH

    Directory of Open Access Journals (Sweden)

    Sharmeen\tAHMED

    2015-12-01

    Full Text Available Investment is a crucial component phenomenon for economic and industrial development of a country. The main objective of this paper is to highlight the present investment related laws and regulations in Bangladesh. An analysis has been made to depict different aspects and their impacts on formulations, promotions, incentives and facilities support provided by BOI, BEPZA, BSCIC, Ministry of Finance, Bangladesh Bank and National Board of Revenue to both local and foreign investors. The results of the study indicate that variables related to investment in Bangladesh are highly positive for economic growth and industrial development of the country.

  20. Laws and regulations associated with ownership of human biological material in South Africa

    Directory of Open Access Journals (Sweden)

    Kishen Mahesh

    2015-05-01

    Full Text Available Ownership with regard to human biological material (HBM is addressed to some extent within South African law, specifically in chapter eight of the National Health Act (NHA and its associated regulations. However, members of the legal fraternity struggle to conceptualise ownership of such materials without objectifying a person or people and risking reducing such individuals to a state of property. This then infers a reduction in human dignity by rendering one-self or parts of that same self as a commodity. The complexity of the issue raises much debate both legally as well as ethically. 

  1. Some internationl law elements of national nuclear regulations from the Polish point of view

    International Nuclear Information System (INIS)

    Gadkowski, T.

    1992-01-01

    The essential contents of the Polish Nuclear Act from 1986 reflects on one hand needs and possibilities of the industrial use of nuclear energy and, on the other, international obligations of Poland. Poland is a State with a limited activity regarding to industrial use of nuclear energy; the main international-law elements of national nuclear regulations can be described as follows: 1. The good-neighborliness principle concerning the siting of nuclear installations in border areas. 2. An adequate concept of nuclear damage. 3. An adequate concept of liability for nuclear damage. (orig./HSCH)

  2. Effects of new environmental regulations on coal-fired generation

    International Nuclear Information System (INIS)

    LaCount, R.

    1999-01-01

    As restructuring of the electricity industry places downward pressure on power production costs, new environmental regulations are having the opposite effect. Although power plants may be subject to a variety of environmental regulations over the next ten years including reductions in mercury, toxics, and carbon dioxide, new regulations for sulfur dioxide (SO2) and nitrogen oxides (NOX) are poised to impact the electricity industry in the very short term. The cost for coal-fired power plants to comply with these new regulations has the potential to alter their competitive position. January 1, 2000 marks the beginning of Phase II for the Environmental Protection Agency's SO2 allowance market. Starting in January, all coal and oil plants above 25 MW will be required to comply with the federal SO2 provisions. Regulatory deadlines for NOX are also fast approaching; though the ultimate requirements are still subject to change. On May 1, 1999, a NOX allowance market began for states within the Northeast Ozone Transport Commission (OTC). A second phase of this program is scheduled to begin in 2003 that will lower the overall cap for allowable NOX emissions in the participating states. EPA is also working to expand the reach of regional NOX reductions in 2003 through its NOX SIP call. This program, which is currently subject to litigation, would require NOX reductions in 14 states outside of the OTC. A new study by Resource Data International (RDI), Coal-Fired Generation in Competitive Power Markets, assessed the potential impact that the new SO2 and NOX regulations may have on the competitiveness of coal-fired generation. Overall, the study shows that coal-fired generation will continue to grow despite significant environmental costs and competition from natural gas-fired units. The new environmental regulations have the effect of increasing the dispatch cost of coal-fired units from $0.65/MWh on average in the WSCC to $4.14/MWh on average in the MAAC region. The addition

  3. Multilevel governance of global environmental change: perspectives from science, sociology and the law

    National Research Council Canada - National Science Library

    Winter, Gerd

    2006-01-01

    ...-regulation, of horizontal transfer of national policies, of regional integration, and of improved coordination between international environmental organisations, as well as basic principles for sustainable use of resources. Addressing both academics and politicians, this book will stimulate the debate about the means of improving global governance. ...

  4. Review of orders and regulations requiring environmental protection

    International Nuclear Information System (INIS)

    Kelly, E.; Cunningham, R.; Michael, D.

    1996-01-01

    With the increased awareness of and interest in potential ecological risks associated with past, current, and future Department of Energy (DOE) activities, DOE's Defense Programs (DP) Office of Technical and Environmental Support sponsored a study to (1) evaluate the effectiveness of the current compliance-driven environmental protection and assessment efforts relative to ecological concerns; (2) explore the need for a more focused, integrated approach to address ecological impacts; and (3) identify the requirements for an integrated approach. The study explored four questions. (a) Which federal regulations and DOE orders either explicitly require ecological assessments or implicitly require them through environmental protection language? (b) What currently is being done at selected DOE facilities to implement these regulations and orders? (c) What are private sector industries doing in terms of ecological risk assessments and how do industry approaches and issues compare with those of DOE? (d) What, if anything, in addition to current efforts is needed to ensure the protection of ecological resources associated with DOE facilities, to support defensible decision making, and to improve efficiency? The results of this study are presented in a report titled open-quotes Integrated, Comprehensive Ecological Impact Assessments In Support of Department of Energy Decision Makingclose quotes. This report is a companion document to that report. This report provides a more detailed discussion of the document reviews of the relevant environmental protection regulations and current and pending DOE orders. The main goal of the document reviews was to understand existing requirements for ecological data collection and impact assessments

  5. Problems of causality in environmental penal law. The relevance of causality problems on the environmental sector from the view of penal law. Kausalitaetsprobleme im Umweltstrafrecht. Die strafrechtliche Relevanz der Schwierigkeiten naturwissenschaftlicher Kausalfeststellung im Umweltbereich

    Energy Technology Data Exchange (ETDEWEB)

    Kleine-Cosack, E.

    1988-01-01

    The 'classic' elements of an offence against human health or property are not applicable in environmental law, owing to problems of causality. The new environmental penal law therefore focuses on the 'capability' of any act to damage human health, animal health, vegetation, water, air, or soil. It remarks doubtful whether this approach is more efficient. Further, there is still the problem of assessing damage. The book discusses causality problems in environmental penal law. Causality in a given case is discussed from the view of general causality laws and problems of proof. Other possible causes of damage must be excluded. The author discusses: Interdependences between scientific and penal causality, the problems of successful and potential offences, the relationship between individual and universal objects of legal protection, and procedural issues (e.g. the binding effect of experts' opinions on a given subject). (orig./HSCH).

  6. The regulation for enforcing the law concerning indemnification of nuclear damage

    International Nuclear Information System (INIS)

    1980-01-01

    The regulation is set up under the provisions of the law concerning the indemnification for atomic energy damages, to enforce them. An atomic energy business enterpriser who intends to get the approval of indemnification measures specified under the law shall file an application to the General Director of the Science Technology Agency, attaching particular documents and writing the following matters: his name and address; the kinds of operation of reactors; the names and addresses of works or places of business where reactors are operated; the thermal output of reactors; the kinds and quantities of nuclear fuel materials processed or employed; the kinds and quantities of nuclear fuel materials or contaminated materials to be transported; the kinds and quantities of nuclear fuel materials or contaminated materials to be disposed; beginning dates and expected ending dates of the operation of reactors; and other items stipulated concerning liability insurance and indemnification contracts. The negotiable securities qualified to be trusted include government bonds; municipal bonds; bonds issued by particular legal persons; bonds issued by banks, Central Cooperative Bank for Agriculture and Forestry, or Bank for Commerce and Industrial Cooperatives, and secured debentures under the secured debenture trust law. The recovering of trusted securities and identification cards are defined, respectively. (Okada, K.)

  7. First law regulating school canteens in Brazil: evaluation after seven years of implementation.

    Science.gov (United States)

    Gabriel, Cristine Garcia; Vasconcelos, Francisco de Assis Guedes de; Andrade, Dalton Francisco de; Schmitz, Bethsái de Abreu Soares

    2009-06-01

    The high prevalence of overweight and obesity among schoolchildren in Brazil and worldwide has shown that strategies to promote healthy eating habits are needed. Santa Catarina was the first Brazilian State to promulgate specific legislation to regulate the food commercialized in schools (Law n 12.061/2001). The objective was to assess the functioning of school canteens in eight key municipalities of Santa Catarina, investigating whether the foods sold were in accordance with the Law. A questionnaire was completed by the principals and those responsible for the canteens. Item Response Theory was used to examine the levels of compliance with the Law. In all 345 schools took part. Of these, 156 (45%) had a canteen. The presence of a canteen was significantly higher in the private sector (p educational actions targeting the proprietors of the canteens as well as the schools themselves. Training for the canteen's proprietors may constitute a strategy that will guarantee the economic viability of these establishments and the possibility of them being transforming into places of health promotion.

  8. Making decisions about decision-making: conscience, regulation, and the law.

    Science.gov (United States)

    Miola, José

    2015-01-01

    The exercise of conscience can have far reaching effects. Poor behaviour can be fatal, as it has occurred in various medical scandals over the years. This article takes a wide definition of conscience as its starting point, and argues that the decision-making processes open to society--legal regulation and professional regulation--can serve to limit the options available to an individual and thus her ability to exercise her conscience. The article charts the law's changing attitude to legal intervention, which now seeks to limit the use of conscience by individuals, and addresses concerns that this may serve to 'de-moralise' medicine. It also examines the reasons for this legal change of approach. © The Author [2015]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  9. Modern environmental penal law in the light of the jurisdiction - review and tasks

    International Nuclear Information System (INIS)

    Rengier, R.

    1992-01-01

    The jurisdiction in modern environmental penal law has gone beyond just adopting the ecological tenets of the legislature: it has farthered their development, thus contributing substantially to an ecologically oriented understanding of the offences of water pollution and ecologically harmful waste disposal. This orientation has made prosecution more efficient and through its preventive effects has increased ecological awareness. A good example within the sphere of public interest are communal plant operators. In other areas such as private business and private households the preventive effect is not yet as apparent, but this will probably change in the course of time. (orig.) [de

  10. Institutional preconditions of socio-ecological-economic regulation of environmental management activities

    Directory of Open Access Journals (Sweden)

    T. A. Plaksunova

    2017-01-01

    Full Text Available The need to regulate environmental management activities of institutional entities arises when it affects the interests of third-party entities or threatened by the ongoing entity manufacturing practices its own resilience, to achieve the main goal. The complexity and diversity of the forms of socio-ecological and ecological-economic issues at different levels of the economic system leads to the development of many directions and views on the expansion of the management process of these levels (global, national, regional, local and techniques from rigid-deklorative state before combination with the market. In this respect, the neoclassical economic theory actively generated new analytical ideas and concept that enables to respond adequately to emerging economic realities. So we can distinguish the following approaches to regulate environmental management activities: T. Malthus and D. Ricardo, revealing issues of social, ecological and economic implications of limited natural resources in the context of the law of diminishing effectiveness and the need to regulate environmental management activities. John. St. Mill and George proved to be ineffective in addressing environmental problems in the industrial economy of the type of the imperfection of the institutions of society, justifying the occurrence of crises protohistoric speculation nature's benefits. A. Pigou developed the theory of externalities, which revealed the need for state regulation of the environmental management activities of economic entities, harmonization of individual and social interests. Research I. Kula, F. Khan and P. Samuelson identified a pattern about the formation of the system of regulation nature-safety activities, not only within individual States but also on a global level. R. Crows have shown that the methods of direct state regulation of nature economic activity is not as good as it seems at first glance and so you should not underestimate the role and potential

  11. An international comparison of the outcomes of environmental regulation

    International Nuclear Information System (INIS)

    Gouldson, Andy; Carpenter, Angela; Afionis, Stavros

    2014-01-01

    Whilst there is much discussion about the stringency of environmental regulations and the variability of industrial environmental performance in different countries, there are very few robust evaluations that allow meaningful comparisons to be made. This is partly because data scarcity restricts the ability to make ‘like for like’ comparisons across countries and over time. This paper combines data on benzene emissions from Pollution Release and Transfer Registers with data on industrial production from oil refineries to generate normalized measures of industrial environmental performance across eight Organisation for Economic Cooperation and Development countries and the EU-15. We find that normalized emissions levels are improving in nearly all countries, and that there is some convergence in emissions performance between countries, but that there are still very significant variations across countries. We find that average emissions levels are lower in Japan and Germany than in the USA and Australia, which in turn are lower than in Canada and the EU-15, but we note that average emissions in the EU-15 are significantly affected by particularly high emissions in the UK. These findings have significant implications for wider debates on the stringency of environmental regulations and the variability of industrial environmental performance in different countries. (paper)

  12. Impact of Environmental Factors on the Regulation of Cyanotoxin Production

    Science.gov (United States)

    Boopathi, Thangavelu; Ki, Jang-Seu

    2014-01-01

    Cyanobacteria are capable of thriving in almost all environments. Recent changes in climatic conditions due to increased human activities favor the occurrence and severity of harmful cyanobacterial bloom all over the world. Knowledge of the regulation of cyanotoxins by the various environmental factors is essential for effective management of toxic cyanobacterial bloom. In recent years, progress in the field of molecular mechanisms involved in cyanotoxin production has paved the way for assessing the role of various factors on the cyanotoxin production. In this review, we present an overview of the influence of various environmental factors on the production of major group of cyanotoxins, including microcystins, nodularin, cylindrospermopsin, anatoxins and saxitoxins. PMID:24967641

  13. The impact of environmental regulations on drilling fluid technology

    International Nuclear Information System (INIS)

    Clark, R.K.

    1994-01-01

    A multitude of new drilling fluid products, systems, and treatment processes have been developed in recent years in response to increasingly stringent environmental regulations. Many fluid additives and systems that once played a major role in the drilling industry are little used today or are no longer available. New water-base mud systems are approaching the performance levels typical of conventional oil-base muds, levels largely achieved by the new synthetic-base fluids. However, these new drilling fluids do not have the adverse environmental impact associated with oil-base systems when waste fluids and cuttings are discarded. 65 refs., 3 tabs

  14. Unacceptable but Indispensable: Opium Law and Regulations in Guangdong, 1912–1936

    Directory of Open Access Journals (Sweden)

    Xavier Paulès

    2013-06-01

    Full Text Available During most of the period from 1912 to 1936, Guangdong Province was independent from the central government. The local authorities there were facing a dilemma regarding opium, as others were elsewhere in China. On the one hand, opium was considered the symbol of China’s weakness, and its suppression was a top priority; on the other hand, opium taxes represented an indispensable source of fiscal income. Some Guangdong power holders were truly committed to a suppression agenda, especially from 1913 to 1924. During this period, with the exception of a brief interlude from 1915 to 1916, opium laws were prohibition laws. Even if these laws were not always enforced with full vigor, the drug remained illegal in Guangdong. After 1924, opium was legalized, and the authorities openly ruled an opium monopoly. They came out with increasingly comprehensive regulations, which proved successful in increasing opium revenues. Yet, as this article makes clear, there was nothing like direct government control: traditional tax-farming arrangements with local opium merchants (though under stricter supervision remained the backbone of the monopoly. The article also pays attention to the influence of the Six-Year Plan (1935–1940 launched by the Nanking government. As a credible set of suppression laws, it appealed to the Guangdong progressive elites who were hostile to opium. They urged the local autocrat Chen Jitang to take similar action. Chen made attempts to launch his own plans for suppressing opium, but they were unconvincing and nothing concrete came out of them. This article suggests that, in order to obtain a better understanding of how easily Chen Jitang was driven out of power in the summer of 1936, it is necessary to take into account the significant contribution of the Six-Year Plan in undermining his legitimacy.

  15. How Does Environmental Regulation Affect Industrial Transformation? A Study Based on the Methodology of Policy Simulation

    Directory of Open Access Journals (Sweden)

    Wei Liu

    2016-01-01

    Full Text Available The difference of factor input structure determines different response to environmental regulation. This paper constructs a theoretical model including environmental regulation, factor input structure, and industrial transformation and conducts a policy simulation based on the difference of influencing mechanism of environmental regulation considering industrial heterogeneity. The findings show that the impact of environmental regulation on industrial transformation presents comparison of distortion effect of resource allocation and technology effect. Environmental regulation will promote industrial transformation when technology effect of environmental regulation is stronger than distortion effect of resource allocation. Particularly, command-control environmental regulation has a significant incentive effect and spillover effect of technological innovation on cleaning industries, but these effects do not exist in pollution-intensive industries. Command-control environmental regulation promotes industrial transformation. The result of simulation showed that environmental regulation of market incentives is similar to that of command-control.

  16. Preliminary analysis of environmental regulations related to remedial action activities at the Oak Ridge National Laboratory: Environmental Sciences Division Publication No. 2695

    International Nuclear Information System (INIS)

    Voorhees, L.D.; Saylor, R.E.

    1986-11-01

    Past research and development activities at Oak Ridge National Laboratory (ORNL) have resulted in the presence of several areas where low-level radioactive and/or hazardous waste have been disposed of or that have been contaminated through accidental spills or planned releases of radionuclides. Although these areas have been monitored and controlled to ensure that on-site and off-site releases of contaminants are within applicable Department of Energy (DOE) guidelines, ORNL established the Environmental Restoration and Facilities Upgrade (ERFU) Program to address formally the immediate and long-range needs of meeting all applicable federal and state regulations regarding waste disposal. The environmental laws, regulations, and DOE Orders governing the cleanup activities are numerous and complex. Hence, a synthesis of the principal regulations related to the ERFU Program is presented to facilitate efficient planning for characterization and cleanup of contaminated sites. Because of regulatory decisions made after this report was finalized, several statements presented herein may no longer apply to the ERFU Program. Nevertheless, the report is issued as originally written so that ORNL's early planning efforts to comply with environmental laws and legislation are formally documented. Several general principles to consider when developing a plan for environmental compliance - which would be of use to others who must comply with legislation related to the cleanup of sites contaminated with radionuclides and hazardous chemicals - are also discussed

  17. [Impact of the Spanish smoking laws on the exposure to environmental tobacco smoke in Galicia (2005-2011)].

    Science.gov (United States)

    Pérez-Ríos, Mónica; Santiago-Pérez, María Isolina; Malvar, Alberto; Jesús García, María; Seoane, Bernardo; Suanzes, Jorge; Hervada, Xurxo

    2014-01-01

    Prevalence of exposure to environmental tobacco smoke is a valuable index to assess the impact of the laws for tobacco control. The objective of this work is to analyse variations in the prevalence of exposure to environmental tobacco smoke in Galicia (Spain) between 2005, before the Law 28/2005, and 2011, after the law 42/2010. Data were obtained from five population-based independent cross-sectional studies, telephone surveys, developed in Galicia between 2005 and 2011 among population aged 16 to 74 (n=34.419). Self-reported exposure among population aged between 16 and 74 was analysed by setting and tobacco consumption by prevalence with 95% confidence intervals. Environmental tobacco smoke exposure decreased dramatically in Galicia between 2005 and 2011. In 2005, before the Law 28/2005, 95% of the population reported exposure to environmental tobacco smoke compared to 28% in 2011, after the Law 42/2010. Decrease was greater in workplaces in 2006 and in leisure time venues in 2011. After an initial decrease in 2006, exposure at home remains unchanged. An important reduction in self-reported exposure to environmental tobacco smoke occurred in Galicia in the period 2005-2011, specially after the introduction of Laws 28/2005 and 42/2010. Nevertheless, one in four of the population aged 16 to 74 remained exposed in 2011. Copyright © 2013 SESPAS. Published by Elsevier Espana. All rights reserved.

  18. A study on the relationship of environmental regulations and economic performances

    Science.gov (United States)

    Nisha, Jia; Chen, Shen

    2017-11-01

    This paper analyzes the mechanism transmission of environmental regulation affecting on economic performance from a new perspective. It shows that environmental regulations affect country’s economic performance through direct transmission and indirect transmission. Direct transmission means that environmental regulations affect economic performance from influencing corporation’s cost and revenue, and indirect transmission is that environmental regulations affect economic performance through leading to the increased effort of corporations in improving the quality of environment and building the image of fulfilling environmental responsibility.

  19. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1980-01-01

    The law intends under the principles of the atomic energy act to regulate the refining, processing and reprocessing businesses of nuclear raw and fuel metarials and the installation and operation of reactors for the peaceful and systematic utilization of such materials and reactors and for securing public safety by preventing disasters, as well as to control internationally regulated things for effecting the international agreements on the research, development and utilization of atomic energy. Basic terms are defined, such as atomic energy; nuclear fuel material; nuclear raw material; nuclear reactor; refining; processing; reprocessing; internationally regulated thing. Any person who is going to engage in refining businesses other than the Power Reactor and Nuclear Fuel Development Corporation shall get the special designation by the Prime Minister and the Minister of International Trade Industry. Any person who is going to engage in processing businesses shall get the particular admission of the Prime Minister. Any person who is going to establish reactors shall get the particular admission of the Prime Minister, The Minister of International Trade and Industry or the Minister of Transportation according to the kinds of specified reactors, respectively. Any person who is going to engage in reprocessing businesses other than the Power Reactor and Nuclear Fuel Development Corporation and the Japan Atomic Energy Research Institute shall get the special designation by the Prime Minister. The employment of nuclear fuel materials and internationally regulated things is defined in detail. (Okada, K.)

  20. New paradigm of environmental law: sustainability as juridical opportunity for progress

    International Nuclear Information System (INIS)

    Mora Barboza, Ignacio; Quesada Gutierrez, Pamela

    2014-01-01

    The international scientific community has identified the situation, since the seventies, that the human activities in their eagerness to expansion, have caused an unavoidable deterioration in environmental resources. This concern was referred principally the relationship resources (natural)-economy. This idea would be the germ of what would come to be sustainable development; but, that would leave aside temporarily emergence of social concern. The sustainable development little by little is disappeared from the work tables, and it has better spoken about sustainable living scheme, others have spoken even a good living. Apparently this is to follow without the same development model with a sustainable labels, it comes to go further and make sustainability a model of life. To understand this new concept of sustainability, also as a right, in its case if derived from right to development and to healthy environment, it has been the germ of the investigation. In addition, it is determined as is perceived the sustainability as a legal instrument for effective implementation. This objective is intended to achieve through an analysis of existing legal form and a proposal brought to the legal system. Such theorizing was presented more than as a growth model, as an ethical idea that has tried to change not only the scheme to environmental law and the law in general, but that was presented also as a scheme of life. The importance of sustainability is determined as a new paradigm of law, its impact on global ethics and the Costa Rican legal system; through the development of qualitative research method, under the paradigm without experimentation, own techniques of that procedure were used, through consultation of national and foreign literary texts as well as national and international legislation, a first approach to the subject was held, so that allows creating and developing the research problem, which has served as a guide to action during the investigation. (author) [es

  1. Economic growth and energy regulation in the environmental Kuznets curve.

    Science.gov (United States)

    Lorente, Daniel Balsalobre; Álvarez-Herranz, Agustín

    2016-08-01

    This study establishes the existence of a pattern of behavior, between economic growth and environmental degradation, consistent with the environmental Kuznets curve (EKC) hypothesis for 17 Organization for Economic Cooperation and Development (OECD) countries between 1990 and 2012. Based on this EKC pattern, it shows that energy regulation measures help reduce per capita greenhouse gas (GHG) emissions. To validate this hypothesis, we also add the explanatory variables: renewable energy promotion, energy innovation processes, and the suppression effect of income level on the contribution of renewable energy sources to total energy consumption. It aims to be a tool for decision-making regarding energy policy. This paper provides a two-stage econometric analysis of instrumental variables with the aim of correcting the existence of endogeneity in the variable GDP per capita, verifying that the instrumental variables used in this research are appropriate for our aim. To this end, it first makes a methodological contribution before incorporating additional variables associated with environmental air pollution into the EKC hypothesis and showing how they positively affect the explanation of the correction in the GHG emission levels. This study concludes that air pollution will not disappear on its own as economic growth increases. Therefore, it is necessary to promote energy regulation measures to reduce environmental pollution.

  2. Incorporating Environmental Regulation and Litigation in Earth Science Curriculum

    Science.gov (United States)

    Flegal, A. R.

    2004-12-01

    Fundamental knowledge of geological processes is not only needed for effective environmental regulation and litigation, but Earth Science students find that relevance motivating in their studies of those processes. Crustal abundance and redox reactions suddenly become personally meaningful when they are used to account for the presence of high levels of carcinogenic Cr(VI) in the students' drinking water. Similarly, epithermal mercury deposits and the element's speciation gain new importance when they are related to the warning signs on the consumption of fish that the students catch and eat. And even those students that are not motivated by these, and many other, applications of geology find solace in learning that anthropogenic perturbations of the global lead cycle may partially account for their short attention span, lack of interest, and inability to learn the material. Consequently, a number of courses in environmental toxicology and ground water contamination have been developed that are based on (1) case studies in environmental regulation and litigation and (2) active student participation as "expert witnesses" opining on the scientific basis of environmental decisions.

  3. Operational Law Handbook,2007

    National Research Council Canada - National Science Library

    2007-01-01

    ...), human rights, rules of engagement, emergency essential civilians supporting military operations, contingency contractor personnel, foreign and deployment, criminal law, environmental law, fiscal law...

  4. Environmental effects on hormonal regulation of testicular descent

    DEFF Research Database (Denmark)

    Toppari, J; Virtanen, H E; Skakkebaek, N E

    2006-01-01

    cause some cases of undescended testis. Similarly, androgen insensitivity or androgen deficiency can cause cryptorchidism. Estrogens have been shown to down regulate INSL3 and thereby cause maldescent. Thus, a reduced androgen-estrogen ratio may disturb testicular descent. Environmental effects changing......Regulation of testicular descent is hormonally regulated, but the reasons for maldescent remain unknown in most cases. The main regulatory hormones are Leydig cell-derived testosterone and insulin-like factor 3 (INSL3). Luteinizing hormone (LH) stimulates the secretion of these hormones...... hypothesize that an exposure to a mixture of chemicals with anti-androgenic or estrogenic properties (either their own activity or their effect on androgen-estrogen ratio) may be involved in cryptorchidism....

  5. JURIDICAL REGIME OF THE INTEREST IN THE ROMANIAN LAW. PARTICULAR CASE. COMPARISON BETWEEN THE REGULATIONS OF THE REMUNERATORY INTEREST VERSUS THE PENALIZING INTEREST, IN THE ROMANIAN BANKING LAW

    Directory of Open Access Journals (Sweden)

    Silvia Lucia Cristea

    2015-11-01

    Full Text Available The analysis of a case where the rate of the conventional interest is not specified made me investigate what is the maximal limit that can be obtained in this case, under the regulation in force, in the Romanian law (sect.1!To formulate a solution, I considered as necessary to analyze : the provision on the moratory damages (according to the Roman Civil Code and the putting of the debtor in default, in order to know what is the date starting from which the moratory damages are calculated (according to the Roman Civil Code-sect.2; the juridical regime of the interest (according to the Roman Bankin Law-sect.3;comparison between the remuneratory interest and the penalizing interest (according to the Roman Banking Law-sect.4;solution for the case and conclusions-sect. 5.

  6. Environment laws and regulations in China; Chugoku no kankyo hoki oyobi kankyo haishutsu kijun

    Energy Technology Data Exchange (ETDEWEB)

    Zhang, K.

    1996-01-10

    The water environmental criteria in China consist of the sea water criteria, surface water criteria, fishery water criteria, agricultural water criteria, and scenery and recreational water criteria. This paper describes the problems thereof and the future assignments. The `sea water criteria` among other classifications of the water environmental criteria are under discussions for amendment that plan to increase the kinds of water from three in the conventional criteria to four kinds. Generation of harmful chemical substances has kept on decreasing since the 1980`s. However, as can be seen in part of the river water monitoring data, concentrations of pollutants show a trend of increase since 1994. This is caused by waste waters discharged from small-size chemical factories and hide tanning factories. Adequate regulations are applied to these `local enterprises`. Organic compound substances regulated under the waste water criteria are only seven kinds. As the kinds and amount of harmful chemical substances are anticipated to increase in the future, regulations that can deal with the new situation are required. Improvements are sought in the system of `discharge and contamination fee` imposed on industrial waste waters. Preparing the criteria for a total quantity regulation is an important assignment to be discussed as the forthcoming problem. 5 refs., 4 tabs.

  7. Law society breaches competition rules over financial regulation training for conveyancers

    OpenAIRE

    Johnson, D.

    2017-01-01

    The article considers the impact of a competition law ruling against the Law Society of England and Wales. \\ud \\ud The Law Society was found to have breached UK competition law rules in relation to its provision of anti-money laundering and mortgage fraud training courses to law firms. The Law Society made it a condition of membership of its Quality Conveyancing Scheme that all law firm members must only receive this training from the Law Society. A competing provider of legal training course...

  8. Private food law : governing food chains through contracts law, self-regulation, private standards, audits and certification schemes

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2011-01-01

    Since the turn of the Millennium, world-wide initiatives from the private sector have turned the regulatory environment for food businesses upside down. For the first time in legal literature this book analyses private law initiatives relating to the food chain, often referred to as private

  9. The responsibilities of the in-plant environmental protection officer under civil law and under criminal law. Zivilrechtliche und strafrechtliche Verantwortung des Betriebsbeauftragten fuer Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Salje, P.

    1993-11-20

    The scope of responsibilities of the in-plant environmental protection officer covers a wide range of tasks: Water protection, waste management, control of emissions for air pollution abatement, emergency preparedness, radiological protection. What are the consequences for the EP officer in case of neglect This is the topic of the contribution, discussed from the viewpoint of criminal law and private law. The criminal liability of the EP officer results from the EP officer committing an offence either by wilful act or by neglect, it, in the latter case, the officer is in a warranty position. Under private law, the EP officer is subject to third party liability within the framework defined by Paragraph 823 BGB. There is no possibility for him to claim restriction of liability refering to the enhanced risks involved in his job. Hence a sound professional indemnity insurance is recommendable. (orig.)

  10. The regulations for enforcing the law concerning prevention from radiation hazards due to radioisotopes

    International Nuclear Information System (INIS)

    1979-01-01

    The regulations are wholly revised under the law concerning prevention from radiation hazards due to radioisotopes and the provisions of the order for enforcing the law. Basic concepts and terms are defined, such as: employee engaged in radiation work; person regularly entering into the controlled area; the maximum permissible exposure dose; accumulative dose; the maximum permissible accumulative dose; the maximum permissible concentration in the air; the maximum permissible concentration under water; the maximum permissible surface density. The application for permission of the uses shall be made according to the form attached and include as appendix following documents: copy of register of the applicant legal person; plane drawings of the works or the enterprise and their surroundings in reduced scales and with directions, centering on facilities in use, of storage and disposal, etc. The report of the uses shall list name and address of the user, object and method of the uses, and include as annex copy of register of the user legal person and papers explaining the expected date of beginning and the period of the uses, etc. Standards of the uses, refilling, storage, transport and disposal are in detail stipulated. Specified measures shall be taken for measurement, prevention of radiation hazards, finding out of persons injured by radiation and others. (Okada, K.)

  11. The regulations for enforcing the law concerning prevention from radiation hazards due to radioisotopes

    International Nuclear Information System (INIS)

    1978-01-01

    These provisions are established on the basis of and to enforce the ''Law for the prevention of radiation hazards due to radioisotopes'' and the Enforcement Order for the ''Law concerning the prevention of radiation hazards due to radioisotopes''. The Regulation includes the definitions of terms, applications for the permission of the use of radioisotopes, standards on usage, obligation of measurement, persons in charge of radiation, etc. Terms are explained, such as persons engaging in radiation works, persons who enter at any time the control areas, radiation facilities, maximum permissible exposure dose, cumulative dose, maximum permissible cumulative dose, maximum permissible concentration in the air, maximum permissible concentration in water and maximum permissible surface density. The applications for permission in written forms are required for the use, sale and abandonment of radioisotopes. Radioisotopes or the apparatuses for generating radiation shall be used in the using facilities. The measurement of radiation dose rate, particle flux density and contamination due to radioisotopes shall be made with radiation-measuring instruments. At least one person shall be chosen as the chief radiation-handling person in each factory, establishment, selling office or abandoning establishment by a user, a trademan or a person engaged in abandonment of radioisotopes. The forms for the application for permission, etc. are attached. (Okada, K.)

  12. GENDER ASPECTS OF INHERITANCE MANAGEMENT IN GEORGIA CULTURAL PRACTICES VS LAW REGULATIONS

    Directory of Open Access Journals (Sweden)

    Maia Araviashvili

    2014-12-01

    Full Text Available After gaining independence in 1991 Georgia adopted the new constitution, received liberal laws and joined international conventions, which formally guarantee gender equality. However, law regulations do not come in accordance with cultural values, and are not shared by society. Consequently, the problems of gender inequality are still vital issues in Georgian society. Traditionally, informal practice of dowry giving protected women and gave them independence in a new family. Nowadays, in Georgia a daughter and a son formally have equal access to their parent’s inheritance, but there are very rare cases when a woman demands her part of it. This is not justified by society to contend for the inheritance with a brother. Formal institutions are not strong to prevent this economic form of domestic violence. The methodology of the research is complex: expert interviews were recorded and analyzed, to study data about the inheritance registration and court records pertaining to inheritance litigations, the method of content analysis was used; apart from this, ethnographic resources and surveys were examined. The findings of the proposed research article provide a complex picture of this really vital problem still affecting the post-soviet Georgian society.

  13. Experiences in the last amendment of radiation regulation laws in Japan

    International Nuclear Information System (INIS)

    Numakunai, T.

    2004-01-01

    In the deliberation on the introduction of the ICRP recommendation to the radiation regulation laws in Japan, the Radiation Council opened the meetings and the draft report to the public, and requested comments. Submitted comments were reflected in the deliberation. As for the following three subjects, that is, dose limit of occupational exposure for women, classification of workplaces and limitations of the occupational exposure in the emergency, a lot of opinions were expressed in the process of the deliberation on the council, and there were a lot of various opinions of the genera( public to the draft. These opinions were the opinions from each standpoint where benefit conflicted with damage, opinions based on different ideas, and opinions from a socially different standpoints. The Council drew the conclusion after having examined that the grounds of argument had been well verified in a scientific manner and the conclusion of each subject maintained the correspondence in the whole system of law. In order to improve the current comment requesting system, it was pointed out that further discussions by open system among authors, experts and submitted general publics who had the responsible opinion is desirable. (author)

  14. Sovereignties in Conflict: Socio-environmental Mobilization and the Glaciers Law in Argentina

    Directory of Open Access Journals (Sweden)

    Lucas Christel

    2017-10-01

    Full Text Available Until 2010, the cycle of socio-environmental mobilization in Argentina against transnational mining that began in 2003 had influenced legislative power only at subnational levels. The enactment of the Glaciers Law in 2010 constituted the first time that socio-environmental mobilization successfully influenced legislative power at the federal level. This article makes a double contribution to the analysis of this type of conflict. In theoretical terms, through the notion of “sovereignties in conflict”, it problematizes the question of sovereignty in relation to socio-environmental conflicts, a dimension currently absent in studies of this kind. In empirical terms, it carries out a study of the enactment of the Glaciers Law. The principal argument is that the greater influence of socio-environmental mobilization on federal legislative power was made possible by the higher degree of openness to various viewpoints at this level, in contrast to that observed at subnational levels, and by the more successful organization and articulation of socio-environmental mobilization in this broader context. Resumen: Soberanías en conflicto: Movilización socioambiental y La Ley de Glaciares en ArgentinaHasta 2010, el ciclo de movilización socioambiental en la Argentina contra la minería trans-nacional que comenzó en 2003 había influenciado el poder legislativo a escala subnacional. Sin embargo, la sanción de la Ley de Glaciares en 2010 constituyó la primera vez que la movilización socioambiental logró condicionar el poder legislativo a escala federal. Este artículo realiza una doble contribución al análisis de este tipo de conflictos. En términos teóricos, a través de la noción de soberanías en conflicto, problematiza la cuestión de la soberanía en relación a los conflictos socioambientales, dimensión ausente hasta el presente en este tipo de estudios. En términos empíricos, realiza un estudio de la sanción de La Ley de Glaciares

  15. Trade restrictions as a means of enforcing compliance with international environmental law. Montreal Protocol on Substances that Deplete the Ozone Layer

    International Nuclear Information System (INIS)

    Lang, W.

    1996-01-01

    The contribution reviews primarily Art. 4 of the Montreal Protocol and its efficiency for enforcing compliance with obligations under international environmental law and discusses aspects of possible conflicts with GATT law. (CB)

  16. WHAT'S LAW GOT TO DO WITH IT: THE RELATIONSHIP OF LAW TO ENVIRONMENTAL SYSTEMS MANAGEMENT AND SUSTAINABILITY RESEARCH

    Science.gov (United States)

    Legal concepts cannot be described as the area under the curve or in terms of equilibrium equations; however, law is one of several dimensions of a complex system that must be included in an interdisciplinary study of sustainability. It is one of the initial conditions to be cons...

  17. Vehicular air pollution and environmental tax law in Brazil: proposed tax restructuring for sustainable development

    Directory of Open Access Journals (Sweden)

    Pedro Monteiro Machado de Almeida Penna

    2013-12-01

    Full Text Available This work presents a restructuring of taxes in the automotive sector in Brazil in order to foster sustainable development. Personal vehicles, trucks or buses emit gases that contribute to global warming and cause human health problems. There are policies in Brazil to reduce the emission of air pollutants from vehicles; however, these neither punish the polluter nor provide for damage compensation. The Tax Law, with the Constitutional Polluter Pays Principle, is an efficient instrument for State intervention in the economy. The work compared environmental and economic views regarding fuel and both personal and public vehicles. We estimated the environmental benefits of recycling vehicles in use more than 10 years, taking into consideration pollution engendered in the manufacture of a new vehicle. Finally, we propose to unify vehicular taxation when the vehicle is acquired, by ending the ICMS and PIS / COFINS taxes on fuels and instead taxing CIDE-fuels, without reducing overall collection by the Brazilian government. The ensuing revenue would be used for repairing environmental damages. We have also made suggestions for the improvement of public policies to control emissions of atmospheric pollutants.

  18. Impact of Environmental Regulation on Productivity: Case Studies of Three Industries in Japan

    OpenAIRE

    Chalermthanakom, Adisak; Ueta, Kazuhiro

    2011-01-01

    Although fi rms bear the cost of compliance, strict but fl exible environmental regulation may benefi t them by spurring the innovation process. However, the relationship between environmental regulation and productivity is unclear. We calculate productivity growth by using data envelopment analysis; we then conduct regression analysis, using panel data on productivity growth by environmental regulation stringency. A one-year lag of environmental regulation stringency is included in the model...

  19. Transposition of the basic safety standards. Potential impact on French laws and regulations

    Energy Technology Data Exchange (ETDEWEB)

    Godet, J.L.; Perrin, M.M.; Saad, N.; Bardelay, C. [Autorite de Surete Nucleaire (ASN), Paris (France)

    2013-07-01

    The new proposal for a Council Directive laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation is about to be adopted. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 4 years after adoption of the final text. As far as France is concerned, these evolutions will mainly impact the labour code (for occupational issues) and the public health code for both legal and regulatory requirements. The most significant improvements of the current version of the project are the introduction of graded approach to regulatory control and the enhancement of requirements for protection against natural radiation sources (in particular exposure to radon and naturally occurring radioactive material). This project also aims at achieving a better harmonisation between Member States for topics such as the organization of radiation protection for workers, the justification of medical devices and non-medical imaging exposure situations. ASN has already identified major issues for the transposition of the Directive concerning both French laws and regulations. Main topics should concern the impact of ICRP terminology (planned exposure situation, existing exposure situation versus lasting exposure situation, reference level versus maximum activity level for exposure to radon..) and the extension of both justification and optimisation principles to new activities involving natural radiation sources, such as industries processing naturally occurring radioactive material. Furthermore, France will have to decide whether it will adjust some positions about the prohibition of nonmedical imaging exposures and the release of materials from regulatory control according to generic values. Indeed, the project mentions the possibility to introduce derogations to those major principles. Finally, and according to the graded approach, the project introduces a new

  20. Klimaschutz in China. Summary of experience from the existing environmental law relating to climate change and suggestions for China's climate change legislation

    Energy Technology Data Exchange (ETDEWEB)

    Cao, Mingde [China Univ. of Political Science and Law, Peking (China). Climate Change and Natural Resources Law Center

    2014-07-01

    This essay summarizes Chinese experiences from environmental law relating to climate change legislation and puts forward certain constructive advices, by a comprehensive and systematic examination of China's laws and policies in addressing the issue of climate change, and evaluation on their legal effects. On the basis of analysis and empirical research of this essay, it could be found that, there are many successful institutions in the existing policy systems and practices of China in respect of greenhouse gas emission reduction, including the planning and scheduling institution, the target responsibility institution, and the compulsory standard institution. These institutions should be amended, confirmed and fixed down in the laws, so as to bring their functions into full play. Simultaneously, climate change legislation should bring in and focus on promoting new institutions such as the institution of climate change environmental impact evaluation on construction projects, planning and policy strategies, carbon capture and storage technology promotion institution, carbon sinks trading or indemnification institution. Local governments have urgent demand for climate change legislation as well as obvious limitations, as a result, it is imperative for the launch of state-level comprehensive mode of climate change legislation. The basic principles of legislation may incorporate policy principles and introduce specific principles in the field. Furthermore, building a perfect administrative system and nailing down the legal responsibilities for addressing climate change are crucial for safeguarding the smooth implementation of laws. This study aims at providing early-stage preparations for China's climate change legislation, and a research foundation for drafting climate change laws. Research findings of this study involve three aspects, i.e. laws, policies and practice, by studying more than thirty resolutions of the general assembly of the United Nations

  1. Klimaschutz in China. Summary of experience from the existing environmental law relating to climate change and suggestions for China's climate change legislation

    International Nuclear Information System (INIS)

    Cao, Mingde

    2014-01-01

    This essay summarizes Chinese experiences from environmental law relating to climate change legislation and puts forward certain constructive advices, by a comprehensive and systematic examination of China's laws and policies in addressing the issue of climate change, and evaluation on their legal effects. On the basis of analysis and empirical research of this essay, it could be found that, there are many successful institutions in the existing policy systems and practices of China in respect of greenhouse gas emission reduction, including the planning and scheduling institution, the target responsibility institution, and the compulsory standard institution. These institutions should be amended, confirmed and fixed down in the laws, so as to bring their functions into full play. Simultaneously, climate change legislation should bring in and focus on promoting new institutions such as the institution of climate change environmental impact evaluation on construction projects, planning and policy strategies, carbon capture and storage technology promotion institution, carbon sinks trading or indemnification institution. Local governments have urgent demand for climate change legislation as well as obvious limitations, as a result, it is imperative for the launch of state-level comprehensive mode of climate change legislation. The basic principles of legislation may incorporate policy principles and introduce specific principles in the field. Furthermore, building a perfect administrative system and nailing down the legal responsibilities for addressing climate change are crucial for safeguarding the smooth implementation of laws. This study aims at providing early-stage preparations for China's climate change legislation, and a research foundation for drafting climate change laws. Research findings of this study involve three aspects, i.e. laws, policies and practice, by studying more than thirty resolutions of the general assembly of the United Nations, more than

  2. Evolution of Italian environmental normative on cogeneration and application of Law 10/91

    International Nuclear Information System (INIS)

    Piancastelli, E.

    1992-01-01

    From the Proceedings of the FIRE (Italian Federation for the Rational use of Energy), December 12 - 13, 1991, meeting, separate abstracts were prepared for 2 papers. The main topics were: the planning criteria that went into the formulation of the incentives made possible through Italian legislation on cogeneration plants for on-site power generation and the response obtained from small, medium and large industrial firms; the evaluation of cogeneration plants for on-site power generation to allow prospective cogeneration plant owners to build energy/cost efficient plants and to be able to make a proper assessment of eligible financial assistance which may be obtained through the provisions of energy conservation/environmental protection normatives and laws set up by the Italian National Energy Plan; and the determination of optimal contracts with ENEL (the Italian National Electricity Board), especially for the case of excess power to be ceded to the national grid

  3. 36 CFR 3.2 - Do other boating laws and regulations apply to me when I operate my boat on park waters?

    Science.gov (United States)

    2010-07-01

    ... regulations apply to me when I operate my boat on park waters? 3.2 Section 3.2 Parks, Forests, and Public... boating laws and regulations apply to me when I operate my boat on park waters? (a) In addition to the.... NPS applies the adopted laws and regulations to vessels and their operation on all waters (navigable...

  4. Environmental policies and regulations on the electricity market in EC

    International Nuclear Information System (INIS)

    Boucher, J.

    1990-01-01

    The use of natural resources like ground and water, the emissions of noxious gases and particles, the thermal rejections, the production of waste and the noise are the main environmental impacts associated with the production of electricity. Emission regulations and standards have been selected so far by the European Community (EC) and the different Member States to deal with the abatement problem. They simply consist in defining some ceilings or regulations for the different types of noxious gases and particles which are emitted by power plants and forcing the power generation companies to comply with these norms within some pre-determined time period. They can also take the form of a general constraint on the sulfur content of the fuel, for example. Tables of emission limits for various gases from existing and new plants are presented. 3 figs., 8 tabs

  5. State environmental regulation and economic development: Are they compatible?

    International Nuclear Information System (INIS)

    Davis, C.

    1992-01-01

    An underlying assumption of the partial preemption approach is the belief that minimum federal standards contribute to the prospective decentralization of environmental protection programs by removing or reducing industry incentives to shop around for states with a more lenient regulatory stance. This assumption was examined through a survey of chiev executive officers of pollution-generating firms. The data suggest that corporate officials see regulatory climate as an important component of overhead costs. The author concludes that the desire to retain industries within state boundaries does inhibit the promulgation of strict environment regulations by public officials. 16 refs., 2 tabs

  6. Agreements concluded by the Federal Republic of Germany under international law in the field of environmental protection. Annex: Treaties with the GDR. (Source index in the Federal Law Gazette, part II). (As of September 15, 1987)

    International Nuclear Information System (INIS)

    Lohse, S.

    1987-01-01

    This compilation contains all agreements under international law in the field of environmental protection, the FRG has joined and that have been published and/or announced in the Federal Law Gazette, part II. The summary is of September 15, 1987. The classification is made according to the subjects: waste management law, pollution abatement law, nuclear law and energy and mining law and within these according to the date of treaty/agreement. For easier access, there are a chronological index, an index of the contracting states and an index of the places of contract. In the annex the relevant treaties with the German Democratic Republic are indicated. (orig./HP) [de

  7. Federalism and managed care: introductory comments to the American Association of Law Schools' Section on Law, Medicine and Health Care on the role of the states in managed care regulation.

    Science.gov (United States)

    Blum, J D

    1999-01-01

    This section of the Annals of Health Law represents a compilation of materials concerning the state regulation of managed care. The following materials were first presented at the annual meeting of the American Association of Law Schools ("AALS"), Section on Law, Medicine and Health Care in January 1999. Chairman John Blum introduces the subject and questions the dual role assumed by state and federal authorities in regulating managed care.

  8. Can local environmental regulation of companies deal with a broader environmental view?

    DEFF Research Database (Denmark)

    Dirckinck-Holmfeld, Kasper; Smink, Carla

    Environmental concern of companies has gradually expanded from a focus on local environmental problems to a broader inclusion of inputs as well as lifecycle perspectives. At the same time, the regulatory approach has changed from a “pure” command-and-control regime, towards a governance regime......, where strict regulations increasingly are supplemented with other regulatory instruments such as economic incentives, information and facilitation. In Denmark, municipalities are the competent authority for companies. Throughout the last decade, several attempts to expand competences of municipalities...

  9. Nuclear laws and radiologic accidents

    International Nuclear Information System (INIS)

    Frois, Fernanda

    1997-01-01

    Some aspects of the nuclear activities in Brazil, specially concerning the Goiania s accident are demonstrated using concepts from environmental and nuclear law. Nuclear and environmental competence, the impossibility of the states of making regional laws, as the lack of regulation about the nuclear waste, are discussed. The situation of Goiania when the accident happened, the present situation of the victims and the nuclear waste provisionally stored in Abadia de Goias is reported

  10. Transposition of the new European Union audit regulation into the Croatian national law

    Directory of Open Access Journals (Sweden)

    Sanja Sever Mališ

    2016-11-01

    Full Text Available The audit reform in the EU had as a consequence the adoption of the new regulatory framework. The European Parliament adopted Directive 2014/56/EU amending the Directive 2006/43/EC on statutory audit in the EU and the EU Regulation No. 537/2014 containing requirements that relate specifically to the statutory audit of public interest entities. Each Member State needs to transpose the Directive into its national legislation and also ensure its implementation. Within the framework of transposing the Directive into the national regulation, each Member State had many options that allows them to tailor the provisions of the national law according to their needs and specific aspects of the national audit markets. However, the number of options brings risks that are connected to additional audit procedures and inefficiencies in the process of performing audit with the potential effects on the quality and cost of audits. The aim of this article is to analyse the most important (not used options of the Directive and Regulation according to the Croatian national legislation. In that sense, the article provides information about the definition of statutory audit and the subjects of statutory audit as well as the definition of public interest entities in Croatia. In addition, the audit profession in Croatia is analysed in the context of the “European audit passport”. The results of this research can be a base for future comparisons between Croatia and the other EU Member States. Finally, the implementation of this provisions will answer the question: Does the implementation of different options bring convergence or divergence within the single EU audit services market?

  11. Study on environmental results improvement plan through flexible industrial environmental regulation system

    Energy Technology Data Exchange (ETDEWEB)

    Moon, Hyun Joo; Chang, Kee Bok; Lee, Young Soon [Korea Environment Institute, Seoul (Korea)

    1999-12-01

    As the economic environment has been changed to the direction of decentralization and diversification, there shows various changes in the area and method of market intervention by the government. In the environmental sector, it has been discussed to extend its use of economic incentive coming out of an existing direct regulation policy. Recently the importance on the new forms of government role such as voluntary agreements and information opening have been emphasized. Although the existing direct regulation policy has an advantage of visible and direct effect, it blocked the chance to explore technological and economical alternatives toward environmental problems by business sector. Therefore it is recognized that there is a fundamental limit on inducing the efficient pollution resisting activities from the business sector. Therefore this study analyzed and recommended theoretical characteristics on mechanism that a voluntary approach can bring appropriate results on policy objectives. 98 refs. 7 figs., 47 tabs.

  12. Evolving impact of environmental laws on cross-border power between Mexico and the United States

    International Nuclear Information System (INIS)

    Barron, J.

    2005-01-01

    There has been a growing concern among some United States (US) residents that the increasing number of merchant power plants planned for the Mexican side of the US/Mexican border could contribute to increased air pollution and the misuse of finite water resources in the border region. The case of Border Power Plant Working Group v. DOE, et al. is examined in this paper, providing a focus for a discussion of the border region's future as US merchant power producers continue to position themselves to provide electricity in California. One of the factors in the push to develop power generation on the Mexican side of the border was California's electricity crisis of 2000-2001, and plans have been drawn up to build 22 plants between Mexicali and Ciudad Juarez. A history of the Border Power Plant Working Group (BPPWG) was presented, along with details of the government's granting of permits for the power plants after environmental assessments. By suing the government BPPWG hoped to set a standard for future power plant development in the area. The lawsuit addressed the following 4 primary concerns: air emissions; emission offsets; water cooling; and wastewater discharge. BPPWG aimed to achieve the 3 following results: protective legislation in the 4 U.S. border states that would preclude the use of massive amounts of water in border power plant cooling systems; a critical area designation with pollution limits set low enough to require catalytic control systems; and an overarching annex to the La Paz Agreement that would create a formal bi-national agreement governing the above actions for both countries. A review of environmental law in both countries was presented, along with a description of the proposed plants. A complete review of the lawsuit was provided, along with eventual rulings against the BPPWG. It was concluded that the case showed that power developers had proved that although the plants would contribute to the environmental degradation of the region, the

  13. Is climate change an unforeseen, irresistible and external factor - A force majeure in marine environmental law?

    Science.gov (United States)

    Saul, Roxanne; Barnes, Richard; Elliott, Michael

    2016-12-15

    Several environmental laws include provisions on natural causes or force majeure, which except States from their commitments if it can be proven that the failure to meet the commitment is due to factors outside their control. The European Union Marine Strategy Framework Directive (MSFD) has a pivotal role in managing EU marine waters. This paper analyses natural causes and force majeure provisions of the MFSD and other marine legislation, and addresses their interaction with climate change and its consequences, especially the effect on the obligation of ensuring seas are in Good Environmental Status. Climate change is an exogenic unmanaged pressure in that it emanates from outside the area being managed but in which the management authority has to respond to the consequences of climate change, such as sea level rise and temperature elevation, rather than its causes. It is suggested that a defence by a Member State of force majeure may be accepted if an event was proven to be due to an externality of control, irresistible and unforeseeable. The analysis contends that countering such a legal defence would centre on the fact that climate change is a well-accepted phenomenon, is foreseen with an accepted level of confidence and probability and is due to human actions. However, as yet, this has not been legally tested. Copyright © 2016 Elsevier Ltd. All rights reserved.

  14. MARKET FAIRNESS IN ISLAMIC ECONOMICS LAW AND ETHICS: A Study on Modern and Traditional Market Regulations in Indonesia

    Directory of Open Access Journals (Sweden)

    Mustapa Khamal Rokan

    2015-06-01

    Full Text Available This study has been motivated by unfair market conditions in the form of marginalization of traditional markets in Indonesia due to unequal competition with the modern market. This article tries to find a fair legal formulation to maintain the existence of a small market (traditional. To find the legal formulation, the author attempts to discuss market regulation in Indonesian legislation, analyzed and found it to be optimized to create a fair market arrangements in the perspective of Islamic law. This study propose a paradigm that the market functions not only as an business institution but also as religious and social institutions based on brotherhood which requires mutual respect and responsibility. There are prescriptive law to maintain the existence of traditional markets in Indonesia, which optimizes the concept of ownership as a form of common ownership and optimize the regulation of cooperation between the traditional and the modern market economy based on the doctrine of Islamic law.

  15. Causes analysis on the failure of government environmental responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important Environmental Interests of Subjects, government behooves to undertake the corresponding responsibility of Pollution Control and Environmental Protection. The current situations in our country, however, appear as government environmental responsibility failure. Based on the analysis of law and economics, this article reaches the conclusion through game analysis, principle-agency relationship and utility theory that the prisoners dilemma of environmental interest game between government and enterprise, and the inherent defect of the principal-agency relationship between central government and local government are the inherent causes of government environmental responsibility failure. Many officials tends to graft and corrupt to maximum their own benefit, thus leading to the government failure among environmental pollution treatment and the environmental responsibility to undertake.

  16. Should virtual cybercrime be regulated by means of criminal law? A philosophical, legal-economic, pragmatic and constitutional dimension

    NARCIS (Netherlands)

    Strikwerda, Litska

    2014-01-01

    This paper will be about the question of whether or not virtual cybercrime should be regulated by means of criminal law. By virtual cybercrime I mean activities such as the stealing of virtual property or the killing of an avatar (a player's virtual representation) within the virtual worlds of

  17. How to opt into the Common European Sales Law? Brief comments on the Commission's proposal for a regulation

    NARCIS (Netherlands)

    Hesselink, M.

    2012-01-01

    Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The

  18. How to opt into the Common European Sales Law? Brief comments on the Commission's proposal for a regulation

    NARCIS (Netherlands)

    Hesselink, M.W.; Claeys, I.; Feltkamp, R.

    2013-01-01

    Unlike the actual text for the proposed Common European Sales Law (CESL), which is based on extensive preparatory work by academics, the regime for opting into the instrument, which is set out in the main text of the proposed regulation, is entirely of the European Commission's own making. The

  19. The extension of the protection of the individual person against environmental pollution as a task for public law

    International Nuclear Information System (INIS)

    Breuer, R.

    1986-01-01

    The author has the opinion that an extension of protection of individuals against environmental pollution is not desirable in the field of fundamental rights. The atomic energy and radiation protection law extends the protection of individuals even further than to warding off a danger. An extension is limited by the structure and complexity of modern environmental pollution. The existing system of individual protection generally is sufficient, the author objects esspecially against the action of an association. (CW) [de

  20. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    Energy Technology Data Exchange (ETDEWEB)

    Zining, Jin, E-mail: jinzn@pkusz.edu.cn

    2015-11-15

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues.

  1. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    International Nuclear Information System (INIS)

    Zining, Jin

    2015-01-01

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues

  2. The criminal law as an instrument under environmental law in the Netherlands. A survey of the basic legal principles and instruments and their application. Das niederlaendische Umweltstrafrecht. Eine Untersuchung zu den dogmatischen Grundlagen und zur praktischen Anwendung

    Energy Technology Data Exchange (ETDEWEB)

    Waling, C.

    1991-01-01

    This book is published in the German language in order to give non-Dutch speaking readers access to and insight into the criminal law applicable in the Netherlands for enforcement of the environmental law. This very comprehensive study discusses the substantive criminal environmental law, its enforcement in practice, and the international criminal law of the Netherlands. Emphasis is placed on the critical evaluation and comparison of the law and day-to-day practice, with this part of the study including a comparison with the situation in the Federal Republic of Germany. The authoress presents recommendations for improving the efficiency of the criminal law system available in the Netherlands for environmental matters. (orig./HP).

  3. Measurement of Henry's Law Constants Using Internal Standards: A Quantitative GC Experiment for the Instrumental Analysis or Environmental Chemistry Laboratory

    Science.gov (United States)

    Ji, Chang; Boisvert, Susanne M.; Arida, Ann-Marie C.; Day, Shannon E.

    2008-01-01

    An internal standard method applicable to undergraduate instrumental analysis or environmental chemistry laboratory has been designed and tested to determine the Henry's law constants for a series of alkyl nitriles. In this method, a mixture of the analytes and an internal standard is prepared and used to make a standard solution (organic solvent)…

  4. The role of sustainable development and the associated principles of environmental law and governance in the Anthropocene

    NARCIS (Netherlands)

    Verschuuren, Jonathan; Kotzé, Louis

    2017-01-01

    In this contribution, I tried to answer the question what, in the Anthropocene, is or can be the role of the concept of sustainable development and the associated principles of environmental law. In order to get an answer to this question, I first assessed the current impact of the principles of

  5. Energy law '90

    International Nuclear Information System (INIS)

    1990-01-01

    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)

  6. Offshore finfish aquaculture in the United States: An examination of federal laws that could be used to address environmental and occupational public health risks.

    Science.gov (United States)

    Fry, Jillian P; Love, David C; Shukla, Arunima; Lee, Ryan M

    2014-11-19

    Half of the world's edible seafood comes from aquaculture, and the United States (US) government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

  7. Offshore Finfish Aquaculture in the United States: An Examination of Federal Laws That Could be Used to Address Environmental and Occupational Public Health Risks

    Directory of Open Access Journals (Sweden)

    Jillian P. Fry

    2014-11-01

    Full Text Available Half of the world’s edible seafood comes from aquaculture, and the United States (US government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

  8. The system of non-statutory regulations in the field of atomic energy law and radiation protection law

    International Nuclear Information System (INIS)

    Jarass, H.D.

    1991-01-01

    The first part of the expert opinion examines the system of authority and competence to issue regulations, administrative provisions, and rules, and their legal effects. While regulations have an effect on third parties, administrative provisions have a binding effect only for administrative bodies. The legal effects of rules and recommendations are very difficult to define; for their application in practice, one often relies on such instruments as prima facie evidence, or anticipatory expert opinion. In the second part, the system of advisory bodies and committees, and their legal position are examined. Recommendations of the RSK and the SSK, or safety guides e.g., do not have a binding effect and are only of an indicatory nature. They can be made legally binding by transforming them into administrative provisions for implementation, or by referring to them in administrative provisions as a standard to be adhered to. (HSCH) [de

  9. Integrated care in Norway: State of affairs years after regulation by law

    Directory of Open Access Journals (Sweden)

    Jorunn Bjerkan

    2011-01-01

    Full Text Available Introduction: A mandatory multidisciplinary plan for individual care, the 'Individual care Plan', was introduced by law in Norway in 2001. The regulation was established to meet the need for improved efficiency and quality of health and social services, and to increase patient involvement. The plan was intended for patients with long-term and complex needs for coordinated care. The aim of this study was to elaborate on knowledge of such planning processes in Norwegian municipalities.Method: A piloted questionnaire was sent to 92 randomly selected municipalities in 2005-2006, addressing local organization and participation in the work with individual care plans. Local political governance, size of the population, funds available for health care, and problems related to living conditions were indicators for analysing the extent to which the individual care plan was used five years after the regulation was introduced.Results: Our results showed that 0.5% as opposed to an expected 3% of the population had an individual care plan. This was independent of the political, social and financial situation in the municipalities or the way the planning process had been carried out. The planning process was mostly taken care of by local health and social care professionals, rather than by hospital staff and general practitioners.Discussion and conclusion: The low number of care plans and the oblique responsibility among professionals for planning showed that the objectives of the national initiative had not been achieved. More research is needed to determine the reasons for this lack of success and to contribute to solutions for improved multidisciplinary cooperation.

  10. Integrated care in Norway: State of affairs years after regulation by law

    Directory of Open Access Journals (Sweden)

    Jorunn Bjerkan

    2011-01-01

    Full Text Available Introduction: A mandatory multidisciplinary plan for individual care, the 'Individual care Plan', was introduced by law in Norway in 2001. The regulation was established to meet the need for improved efficiency and quality of health and social services, and to increase patient involvement. The plan was intended for patients with long-term and complex needs for coordinated care. The aim of this study was to elaborate on knowledge of such planning processes in Norwegian municipalities. Method: A piloted questionnaire was sent to 92 randomly selected municipalities in 2005-2006, addressing local organization and participation in the work with individual care plans. Local political governance, size of the population, funds available for health care, and problems related to living conditions were indicators for analysing the extent to which the individual care plan was used five years after the regulation was introduced. Results: Our results showed that 0.5% as opposed to an expected 3% of the population had an individual care plan. This was independent of the political, social and financial situation in the municipalities or the way the planning process had been carried out. The planning process was mostly taken care of by local health and social care professionals, rather than by hospital staff and general practitioners. Discussion and conclusion: The low number of care plans and the oblique responsibility among professionals for planning showed that the objectives of the national initiative had not been achieved. More research is needed to determine the reasons for this lack of success and to contribute to solutions for improved multidisciplinary cooperation.

  11. Measures to reinforce the legal liability of the environmental interest subject —Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    Local government should be regarded as the main subject to be stipulated by environmental law, thus to avoid local government’s alignment with commercial interests. Such a shift would, furthermore, discourage collusion against environment law or speculative behaviors motivated by maximizing production at the expense of environment pollution. Moreover, whether companies make proactive decisions to prevent pollution or not depends on the severity of appropriate environment legal system’s sanctions for their action. It would encourage enterprises to undertake their own environmental responsibility if environmental law could further enhance their environmental liability. In addition, public environmental rights should be embedded into environmental law. In this way, the public may become more aware of their environmental rights as well as the positivity of total environmental interests.

  12. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1987-01-01

    General provisions specify the purpose of the Law and definitions of terms used in it. Provisions relating to control of business management for refining cover designation of business operation, requirements for designation, permission and report of alteration, report of commencement of business operation, revocation of designation, recording, and measures for wastes. Provisions relating to control of business management for processing cover permission of operation, requirements for permission, approval of design and construction plan, inspection of facilities, report of commencement of business management, measures for maintenance, suspension of use of facilities, responsible personnel for handling nuclear fuel, and permit, obligations, etc. of responsible personnel for handing nuclear fuel. Provisions relating to control of construction and operation of nuclear reactor cover permission of construction, permission concerning nuclear reactor mounted on foreign nuclear powered ships, requirements for permission, etc. Other articles stipulate provisions relating to control of business management for reprocessing, use of nuclear fuel substances, use of materials and substances covered by international regulations, designation of inspection organizations, and other rules. (Nogami, K.)

  13. On the need of regulating surrogacy: Recent case law and activities in 2014

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2014-01-01

    Full Text Available The paper discusses three important events for a future possible international instrument on surrogacy with cross-border effects. The Hague Conference document 'The desirability and feasibility of further work on the Parentage / Surrogacy Project', the first two judgments of the European Court of Human Rights on the effects of cross-border surrogate motherhood and two judgments of the Court of the European Union on the right of intended mothers to maternity leave suggest that international regulation of the issues is desirable, but large differences between internal laws of states require further study on the possibility of reaching a consensus to draw up and accept a binding or not-binding multilateral instrument on the subject matter. The Mennesson v France ECHR judgment is particularly important, because it establishes violation of the right to respect private life of children who were given birth by a surrogate mother, and creates by this a contradiction between the margin of appreciation of a respective State and the principle of best interests of the child.

  14. Heterogeneity of the environmental regulation of industrial wastewater: European wineries.

    Science.gov (United States)

    Román-Sánchez, Isabel M; Aznar-Sánchez, José A; Belmonte-Ureña, Luis J

    2015-01-01

    The European legislation of the pollution of industrial wastewater shows a high degree of heterogeneity. This fact implies that there is a market failure with relevant consequences. Within the European Union, each Member State performs a specific transposition of the Water Framework Directive 2000/60. The member states introduce different sanitation fees to correct water pollution. In this paper, the case of the European wine industry is analyzed. It studies the sanitation fees of the five major wine producing countries: France, Italy, Spain, Germany and Portugal. Results show significant differences among the wastewater fees and the study reveals how such heterogeneity leads to relevant market distortions. The research concludes that more homogeneous environmental regulation would promote more sustainable wine production processes with more efficient water management and purification systems, as well as the introduction of cutting edge technologies.

  15. Molecular targets of epigenetic regulation and effectors of environmental influences

    International Nuclear Information System (INIS)

    Choudhuri, Supratim; Cui Yue; Klaassen, Curtis D.

    2010-01-01

    The true understanding of what we currently define as epigenetics evolved over time as our knowledge on DNA methylation and chromatin modifications and their effects on gene expression increased. The current explosion of research on epigenetics and the increasing documentation of the effects of various environmental factors on DNA methylation, chromatin modification, as well as on the expression of small non-coding RNAs (ncRNAs) have expanded the scope of research on the etiology of various diseases including cancer. The current review briefly discusses the molecular mechanisms of epigenetic regulation and expands the discussion with examples on the role of environment, such as the immediate environment during development, in inducing epigenetic changes and modulating gene expression.

  16. Local ordinances as an instrument of social exclusion: the regulation affecting the homeless is administrative law of the enemy

    Directory of Open Access Journals (Sweden)

    Eduardo Melero Alonso

    2017-03-01

    Full Text Available This paper discusses local ordinances, especially the so-called coexistence ordinances, to the extent they affect the daily activities of the homeless. There are three areas of regulation: the prohibition of begging; a ban on sleeping, washing and perform physiological needs in public spaces; and the prohibition of sorting through garbage. This regulation is subjected to a critical analysis, focusing on the fact that has an impact on the fundamental rights of the homeless. The basic parameters of control are the reserve of law and, above all, the principle of proportionality. The conclusion reached is that, in many cases, this regulation is not only illegal, it can also be included within the category Administrative Law of the enemy.

  17. Decree No. 1991, Regulations to the Law on Foreigners, 30 June 1986.

    Science.gov (United States)

    1988-01-01

    Among other things, these Regulations set forth rules on requirements for visas established in the Ecuador Law on Foreigners. They list the amounts of income from abroad or investments in Ecuador required of foreigners entering Ecuador with immigrant visas, documents needed by persons working permanently in enterprises and institutions under immigrant visas, and methods of proof of dependency for persons entering on immigrant visas as dependents. In this context, they provide that persons with foreign income must receive at least $1,000 per month, with an increase of 80% Ecuadorian personnel; that persons entering as workers must inform authorities of changes in work status; and that persons entering as dependents may themselves work only if their sponsor dies or the means of subsistence of the sponsor decrease. The Regulations also set forth requirements for persons entering Ecuador on nonimmigrant visas, such as refugees, students, temporary workers, religious personnel, and those in transit. With respect to refugees, the rules provide that false statements made in an application will trigger an expulsion order; that foreign nationals coming from a country other than that where they suffered persecution will not be admitted unless they were in that country in direct transit; that refugees may not leave the country without express permission; and that, if the conditions justifying asylum change, a refugee will be required to leave the country. With respect to workers, the rules provide that an applicant must show a need for a foreign worker that cannot be fulfilled by an Ecuadorian worker and must show a work contract or appointment. With respect to those in transit, the rules provide that no visa is required and that entry will be denied to those lacking permission to enter the country of destination and transit through countries bordering Ecuador that are on their route. Persons in this category may stay in Ecuador for only a limited time--usually 10 days for

  18. Environmental contaminants and microRNA regulation: Transcription factors as regulators of toxicant-altered microRNA expression

    Energy Technology Data Exchange (ETDEWEB)

    Sollome, James; Martin, Elizabeth [Department of Environmental Science & Engineering, Gillings School of Global Public Health, University of North Carolina, Chapel Hill (United States); Sethupathy, Praveen [Department of Genetics, School of Medicine, University of North Carolina, Chapel Hill, NC (United States); Fry, Rebecca C., E-mail: rfry@unc.edu [Department of Environmental Science & Engineering, Gillings School of Global Public Health, University of North Carolina, Chapel Hill (United States); Curriculum in Toxicology, School of Medicine, University of North Carolina, Chapel Hill, NC (United States)

    2016-12-01

    MicroRNAs (miRNAs) regulate gene expression by binding mRNA and inhibiting translation and/or inducing degradation of the associated transcripts. Expression levels of miRNAs have been shown to be altered in response to environmental toxicants, thus impacting cellular function and influencing disease risk. Transcription factors (TFs) are known to be altered in response to environmental toxicants and play a critical role in the regulation of miRNA expression. To date, environmentally-responsive TFs that are important for regulating miRNAs remain understudied. In a state-of-the-art analysis, we utilized an in silico bioinformatic approach to characterize potential transcriptional regulators of environmentally-responsive miRNAs. Using the miRStart database, genomic sequences of promoter regions for all available human miRNAs (n = 847) were identified and promoter regions were defined as − 1000/+500 base pairs from the transcription start site. Subsequently, the promoter region sequences of environmentally-responsive miRNAs (n = 128) were analyzed using enrichment analysis to determine overrepresented TF binding sites (TFBS). While most (56/73) TFs differed across environmental contaminants, a set of 17 TFs was enriched for promoter binding among miRNAs responsive to numerous environmental contaminants. Of these, one TF was common to miRNAs altered by the majority of environmental contaminants, namely SWI/SNF-related, matrix-associated, actin-dependent regulator of chromatin, subfamily A, member 3 (SMARCA3). These identified TFs represent candidate common transcriptional regulators of miRNAs perturbed by environmental toxicants. - Highlights: • Transcription factors that regulate environmentally-modulated miRNA expression are understudied • Transcription factor binding sites (TFBS) located within DNA promoter regions of miRNAs were identified. • Specific transcription factors may serve as master regulators of environmentally-mediated microRNA expression.

  19. Environmental contaminants and microRNA regulation: Transcription factors as regulators of toxicant-altered microRNA expression

    International Nuclear Information System (INIS)

    Sollome, James; Martin, Elizabeth; Sethupathy, Praveen; Fry, Rebecca C.

    2016-01-01

    MicroRNAs (miRNAs) regulate gene expression by binding mRNA and inhibiting translation and/or inducing degradation of the associated transcripts. Expression levels of miRNAs have been shown to be altered in response to environmental toxicants, thus impacting cellular function and influencing disease risk. Transcription factors (TFs) are known to be altered in response to environmental toxicants and play a critical role in the regulation of miRNA expression. To date, environmentally-responsive TFs that are important for regulating miRNAs remain understudied. In a state-of-the-art analysis, we utilized an in silico bioinformatic approach to characterize potential transcriptional regulators of environmentally-responsive miRNAs. Using the miRStart database, genomic sequences of promoter regions for all available human miRNAs (n = 847) were identified and promoter regions were defined as − 1000/+500 base pairs from the transcription start site. Subsequently, the promoter region sequences of environmentally-responsive miRNAs (n = 128) were analyzed using enrichment analysis to determine overrepresented TF binding sites (TFBS). While most (56/73) TFs differed across environmental contaminants, a set of 17 TFs was enriched for promoter binding among miRNAs responsive to numerous environmental contaminants. Of these, one TF was common to miRNAs altered by the majority of environmental contaminants, namely SWI/SNF-related, matrix-associated, actin-dependent regulator of chromatin, subfamily A, member 3 (SMARCA3). These identified TFs represent candidate common transcriptional regulators of miRNAs perturbed by environmental toxicants. - Highlights: • Transcription factors that regulate environmentally-modulated miRNA expression are understudied • Transcription factor binding sites (TFBS) located within DNA promoter regions of miRNAs were identified. • Specific transcription factors may serve as master regulators of environmentally-mediated microRNA expression

  20. 25 CFR 900.148 - How can an Indian tribe or tribal organization secure a determination that a law or regulation...

    Science.gov (United States)

    2010-04-01

    ... determination that a law or regulation has been superseded by the Indian Self-Determination Act, as specified in... SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Waiver Procedures § 900.148 How can an Indian tribe or tribal organization secure a determination that a law or regulation has been superseded by the Indian...

  1. Nuclear Energy Law and Arbo Law/Safety Law

    International Nuclear Information System (INIS)

    Eijnde, J.G. van den

    1986-01-01

    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.)

  2. The Dawn of Criminal Law, Regulation of Punitive Power in the Sumerian, Akk adian and Semite Codes

    Directory of Open Access Journals (Sweden)

    Ramiro J. García Falconí

    2016-06-01

    Full Text Available General and special Law, the regulation of the punitive power appeared since the first codings known in the history of mankind, being clear their religious character, their sacrifice logic, and the violence element that permeate to it. This punitive matrix is found in both Sumerian and Akkadian Codes, as in the later Jewish legislation, in which violence and sacredness fuse. The Talion Law already makes its appearance, as well as the structures on which the Inquisitorial System will be later built, and some traits that survive until today.

  3. Law and psychiatry: regulating psychotherapy or restricting freedom of speech? California's ban on sexual orientation change efforts.

    Science.gov (United States)

    Appelbaum, Paul S

    2014-01-01

    California's new law banning sexual orientation change efforts by licensed therapists for patients under 18 immediately provoked court challenges. Therapists, parents, and patients argued that the statute infringed constitutional rights to freedom of speech and parental rights to select treatments for their children. The U.S. Court of Appeals for the Ninth Circuit rejected all of these claims in a unanimous decision upholding the law. However, the decision evokes concerns that other forms of psychotherapy could be subject to similar regulation. Tort remedies may provide less intrusive means for discouraging use of ineffective and potentially harmful therapies.

  4. Some problems of risk balancing for regulating environmental hazards

    International Nuclear Information System (INIS)

    Gilbert, T.L.

    1984-01-01

    Rational regulation of environmental hazards may be based on the implicit underlying principles that government actions should enhance the average quality of life for those governed and maintain some degree of equity in the distribution of benefits, costs, and risks. Issues arising from these principles have practical implications for risk management policy in general and for the development and application of radiological protection criteria in particular. One of the issues is the appropriate distribution of expenditures for regulating different risks. The total resources available for risk regulation are finite; hence, minimizing the total risk subject to this constraint is an appropriate strategy for optimum risk management. Using a simple model, it is shown that this strategy leads to a distribution of expenditures between different risks such that a greater fraction is allocated to a risk with a higher cost of mitigation or control but the allocation is limited in such a manner that the fractional contribution of that risk to the total risk is also higher. The effect of deviating from this strategy is examined. It is shown that reducing a single risk of concern below the optimum value by a factor 1/F can increase the total risk by about F times the risk of concern. Taking into account the large uncertainties in risk assessment for establishing radiological protection criteria, it is argued that an optimum strategy for remedial action should (1) set basic risk limits as high as reasonable; (2) use realistic, case-specific data and analyses in deriving allowable residual contamination levels from basic risk limits; and (3) implement a policy of reducing residual contamination to levels that are as low as reasonably achievable (ALARA) within the constraints imposed by optimum resource allocation. 10 references

  5. Problems of risk balancing for regulating environmental hazards

    International Nuclear Information System (INIS)

    Gilbert, T.L.

    1985-01-01

    Rational regulation of environmental hazards may be based on the implicit underlying principles that government actions should enhance the average quality of life for those governed and maintain some degree of equity in the distribution of benefits, costs, and risks. Issues arising from these principles have practical implications for risk management policy in general and for the development and application of radiological protection criteria in particular. One of the issues is the appropriate distribution of expenditures for regulating different risks. The total resources available for risk regulation are finite; hence, minimizing the total risk subject to this constraint is an appropriate strategy for optimum risk management. Using a simple model, it is shown that this strategy leads to a distribution of expenditures between different risks such that a greater fraction is allocated to a risk with a higher cost of mitigation or control but the allocation is limited in such a manner that the fractional contribution of that risk to the total risk is also higher. The effect of deviating from this strategy is examined. It is shown that reducing a single risk of concern below the optimum value by a factor 1/F can increase the total risk by about F times the risk of concern. Taking into account the large uncertainties in risk assessment for establishing radiological protection criteria, it is argued that an optimum strategy for remedial action should (1) set basic risk limits as high as reasonable; (2) use realistic, case-specific data and analyses in deriving allowable residual contamination levels from basic risk limits; and (3) implement a policy of reducing residual contamination to levels that are as low as reasonably achievable (ALARA) within the constraints imposed by optimum resource allocation. 10 references, 1 figure

  6. Pollution from offshore installations: a case-study of marine pollution in the context of general environmental law

    International Nuclear Information System (INIS)

    Gavouneli, Maria.

    1994-01-01

    The purpose of this thesis is to examine the present state of affairs regarding the legal rules for the control of pollution caused by activities related to offshore installations. But, since pollution from offshore installations is but a form of marine pollution, such an examination can only take place within the wider framework of general environmental law. The true impact of even the more precise rules on offshore installations cannot be fully appreciated unless we have a comprehensive understanding of how the whole system of environmental protection works. I will endeavour to incorporate such considerations in the discussion of offshore problems, as I consider the latter an application of wider principles operating even beyond the field of environmental law. (UK)

  7. The environmental impact law and its effectiveness on the archaeological heritage in Spain

    Directory of Open Access Journals (Sweden)

    Cerdeño, Mª Luisa

    2005-12-01

    Full Text Available The influence of the Environmental Impact Law on the Historical Heritage, especially on the Archaeological one, since 1985 in Spain is evaluated. This study is based on the analysis of the management carried out by the regional governments. Among the results, there are someaspects we must reconsider: the increase in the number of archaeological interventions, the uncoordinated relation between public administrations and the unequal treatment on this subject in different regions.

    Se estudia la repercusión de la ley de Evaluación de Impacto Ambiental sobre el Patrimonio Histórico, especialmente el Arqueológico, desde 1985 hasta la actualidad en España. El trabajo se ha basado en el análisis de la gestión que realiza en este campo cada una de las Comunidades Autónomas. Entre los resultados destacan algunos aspectos que deben ser motivo de reflexión como el gran aumento de intervenciones arqueológicas, la descoordinación entre administraciones y la desigualdad territorial en su tratamiento.

  8. Transition from Connected to Fragmented Vegetation across an Environmental Gradient: Scaling Laws in Ecotone Geometry.

    Science.gov (United States)

    Gastner, Michael T; Oborny, Beata; Zimmermann, D K; Pruessner, Gunnar

    2009-07-01

    A change in the environmental conditions across space-for example, altitude or latitude-can cause significant changes in the density of a vegetation type and, consequently, in spatial connectivity. We use spatially explicit simulations to study the transition from connected to fragmented vegetation. A static (gradient percolation) model is compared to dynamic (gradient contact process) models. Connectivity is characterized from the perspective of various species that use this vegetation type for habitat and differ in dispersal or migration range, that is, "step length" across the landscape. The boundary of connected vegetation delineated by a particular step length is termed the " hull edge." We found that for every step length and for every gradient, the hull edge is a fractal with dimension 7/4. The result is the same for different spatial models, suggesting that there are universal laws in ecotone geometry. To demonstrate that the model is applicable to real data, a hull edge of fractal dimension 7/4 is shown on a satellite image of a piñon-juniper woodland on a hillside. We propose to use the hull edge to define the boundary of a vegetation type unambiguously. This offers a new tool for detecting a shift of the boundary due to a climate change.

  9. The Behavioural Law and Economics of the Precautionary Principle in the EU and Its Impact on Internal Market Regulation

    NARCIS (Netherlands)

    Purnhagen, K.

    2014-01-01

    The precautionary principle contributes to “the social” of internal market regulation as it counterbalances the loss aversion and availability bias of regulators who may too hastily endorse measures based to further the fundamental freedoms instead of fundamental rights and environmental protection.

  10. Documentation of the 40th scientific symposium of the Society for Environmental Law e.V., Leipzig 2016

    International Nuclear Information System (INIS)

    2017-01-01

    The documentation for the 40th scientific symposium of the Society for Environmental Law (GfU) in November 2016 in Leipzig offers illuminating insights into the state of discussions among German environmental law experts. TThe following focal points were at the centre of the jurisprudence debate: Four decades of immission control law (Prof. Dr. Alexander Schink, Bonn) - Legal problems of change approval (Prof. Dr. Olaf Reidt, Berlin) - Species protection law in the project approval (Judge at the BVerwG Dr. Dr. Ulrike Bick, Leipzig, Dr. Katrin Wulfert, Bochum) - Over-planning of infrastructure on the example of energy route planning (Dr. Tom Pleiner, Berlin) - The Nagoya Protocol and its implementation in the EU and Germany - Background and possible consequences for legal practice (Thomas Ebben, LL.M., Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, Bonn). The conference proceedings contain these articles of the symposium, the summary of the subsequent discussions as well as the contributions of the GfU-Forum, which is aimed especially at young environmental lawyers. [de

  11. Case law

    International Nuclear Information System (INIS)

    Anon.

    2011-01-01

    Ninth Circuit held that the NRC's environmental review did not comply with NEPA due to the agency's categorical refusal to consider the environmental impacts of terrorist attacks on the proposed ISFSI. The Ninth Circuit remanded the case for the NRC to fulfill its NEPA obligations. United States - Case law 2 - Judgment of a US District Court on an exemption from fire safety regulations: This case concerns the validity of an exemption that the US Nuclear Regulatory Commission (NRC) issued to a licensee from the NRC's fire safety regulations, which were promulgated in 1980. These regulations, among other things, mandate that barriers intended to protect redundant systems for shutting down reactor units shall be able to withstand fire for at least one hour and for longer if a nuclear power plant does not have fire detectors and an automatic fire suppression system. 14 The final rule that enacted these regulations granted licensees 30 days to apply for an exemption from any aspect of the NRC's fire safety programme. 15 The NRC's fire safety regulations with this exemption provision were upheld in Connecticut Light and Power Co. v NRC, 673 F.2d 525 (D.C. Cir. 1982), which held that the commission had the authority to enact these regulations and that the exemption provision was 'critical' to the programme

  12. Pollution law

    International Nuclear Information System (INIS)

    Triffterer, O.

    1980-01-01

    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

  13. Rehabilitating the regulative use of reason: Kant on empirical and chemical laws.

    Science.gov (United States)

    McNulty, Michael Bennett

    2015-12-01

    In his Kritik der reinen Vernunft, Kant asserts that laws of nature "carry with them an expression of necessity" (A159/B198). There is, however, widespread interpretive disagreement regarding the nature and source of the necessity of empirical laws of natural sciences in Kant's system. It is especially unclear how chemistry-a science without a clear, straightforward connection to the a priori principles of the understanding-could contain such genuine, empirical laws. Existing accounts of the necessity of causal laws unfortunately fail to illuminate the possibility of non-physical laws. In this paper, I develop an alternative, 'ideational' account of natural laws, according to which ideas of reason necessitate the laws of some non-physical sciences. Chemical laws, for instance, are grounded on ideas of the elements, and the chemist aims to reduce her phenomena to these elements via experimentation. Although such ideas are beyond the possibility of experience, their postulation is necessary for the achievement of reason's theoretical ends: the unification and explanation of the cognitions of science. Copyright © 2015 Elsevier Ltd. All rights reserved.

  14. Redesigning government regulations towards a tobacco endgame strategy: a comparative law approach

    Directory of Open Access Journals (Sweden)

    Lee Edson Yarcia

    2018-03-01

    Incorporation of international law in domestic law allows States to formulate tobacco endgame strategies through legislative and/or executive actions. The formulation based on the Philippines could be a basis for other States to formulate their respective end game strategies, taking into consideration their unique political, cultural, economic, and epidemiological contexts.

  15. Causes analysis on the serious defect of enterprise environmental responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important Environmental Interests of Subjects, enterprises behoove to undertake the corresponding responsibility of Pollution Control and Environmental Protection. The current situations in our country, however, appear as the serious lack of enterprise environmental responsibility. Based on the analysis of law and economics, this article reaches the conclusion through game analysis and cost-benefit analysis that the prisoners dilemma of environmental interest game between enterprises is the inherent causes for the serious defect of enterprise environmental responsibility. Meanwhile, at the point of cost-benefit, the externality of environment illegal act results in the imbalanced cost-benefit, lacking of the motivation to control pollution and protect environment in an active way.

  16. The realistic dilemma of environmental interest subject of legal responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important environmental interests subject, enterprises, public and government should assume the corresponding responsibility of pollution control and environmental protection. However, in the aspect of environment, there are failure existing in performing government responsibility, the financial expense and investment our government has participated in the aspects of pollution control and environmental protection are serious insufficient. In the meantime, in spite of the clear definition of the range and principles of enterprises’ environmental responsibility according to some corresponding law documents, in view of our country’s condition, enterprises always fail to assume their own environmental responsibility, and there are cases existing in pollution control and environmental protection that the investment is insufficient and the treatment effect is not obvious. In addition, it is especially outstanding in our country that the awareness of public environmental rights is pretty weak. The issues of ecological damage and environmental pollution get worse and worse and the total environmental interests get injured seriously because of the failure and vacancy of environmental responsibility of different subjects of right.

  17. The French nuclear law

    International Nuclear Information System (INIS)

    Ito, Hiroshi

    2013-01-01

    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)

  18. A methodology for determining environmental threshold quantities for substances covered by CEPA's Environmental Emergency Regulation

    International Nuclear Information System (INIS)

    Ketcheson, K.; Shrives, J.

    2005-01-01

    Sections 199 and 200 of the Canadian Environmental Protection Act (CEPA) 1999 oblige persons who own or manage specified toxic and hazardous substances to develop and implement environmental emergency plans. This paper discussed the methodology for determining how a chemical is assessed for recommending an environmental emergency plan. For Section 199, once substances are declared toxic, each chemical is assessed to determine whether it requires a plan or not. For Section 200, any chemical can be added under the E2 regulations, as long as it can be ascertained that the substance is toxic according to the following criteria: it has an immediate or long-term harmful effect on the environment or its biological diversity; it constitutes a danger to the environment on which human life depends; and/or it constitutes a danger in Canada to human life or health. An overview of the risk evaluation framework was provided, including details of the pre-assessment filter. Summaries of trigger criteria were presented, as well as environmental hazard ratings and details of persistence of organic chemicals in the environment and bioaccumulation. Aquatic toxicity and ingestion toxicity details were also provided. Human hazard ratings included carcinogenicity, inhalation toxicity, dermal toxicity, rabbit and rat toxicity and corrosion and skin irritation ratings. Issues concerning vapour cloud explosions were examined. A reactivity table was presented with hazard descriptions. European Union Threshold quantities were examined, as well as a list of comparisons of selected substances of CEPA with the European Union. It was concluded that the Environmental Emergency Branch (EEB) has created environmental thresholds by first examining how other countries have protected the environment. Substance thresholds for the United States have focused on protecting humans, while Europe has established threshold quantities that work for their countries. The EEB has selected classification tables

  19. Politics of environmental regulation: acid rain in Ontario

    Energy Technology Data Exchange (ETDEWEB)

    Hogarth Wood, G P

    1984-01-01

    This study looks at the case of the Ontario government and Inco Limited in order to explain political responses to the acid rain issue and to generalize about the dynamics of environmental regulation. Existing accounts of the acid rain situation neglect a systematic explanation of the political processes that guide the selection of policy. This reflects a tendency in Canadian public policy analysis generally. Most literature in this field is both apolitical and atheoretical. In addition, most models of public policy focus attention on a narrow range of policy determinants, making the models inappropriate as exclusive guides for public policy analysis. This study follows an approach that assumes that no variable can, a priori, be viewed as the primary determinant of a policy choice. Instead, relevant features of the economic, social, and political environment surrounding the policy process have to be examined in addition to that process itself. Accordingly, a number of potential influences on the acid rain policy outcome in Ontario are explored: the economic structure of Ontario, political-geographic factors, the role of science and technology, political power in the province, political values and attitudes, the institutional structure of Ontario politics, and finally, the policy process itself. This exercise points to the overriding influence of the political system environment, particularly the economic structure of the province, in explaining the policy choice. The findings of this study can be extended to explain regulatory responses to the issue in other political jurisdictions.

  20. The Law on Preventive Radiation Protection. A link between environmental protection and civil defence

    International Nuclear Information System (INIS)

    Roewer, H.

    1988-01-01

    The Law on Preventive Radiation Protection defines the legal framework of and the measures to be taken for achieving the purpose of the law, with competences being assigned to a variety of authorities of the Bund or Laender. The bill very quickly passed Parliament and this indeed is a very positive result, as the subject is a delicate one, politically speaking, but the disadvantages of the short law-making period are realized when going through the various provisions. There is a lack of exactness regarding terms and definitions, legal systematics, or assignment of competences. Also, lack of clear demarcation of applicability of the law against other laws in this field is likely to pose problems in practice. The article also presents a survey of tasks and competences assigned to the Bund or the Laender, and the relevant authorities concerned. (orig./HSCH) [de

  1. The Self-Regulation of Electronic Commerce: An Appraisal in Accordance to the Chilean Law of Unfair Competition

    Directory of Open Access Journals (Sweden)

    David López Jiménez

    2016-05-01

    Full Text Available Purpose – Electronic commerce or e-commerce constitutes a commercial activity on the rise. Although it has many advantages, there are several lingering factors that prevent its consolidation, such as the lack of trust of the potential consumer/user. In order to overcome that obstacle, instruments of self-regulation were created in the field of advertising. Firms that wish to distinguish themselves favorably against their competitors have the option of adopting those instruments, which play a praiseworthy role regarding the target audience and constitutes a considerable improvement of consumer rights. However, on occasions, problems arise in the market when those systems of self-regulation bind third parties that did not voluntarily enter into a contract. This paper tackles the question of if self-regulation of advertising in the net can be put in place should it affects the honor of the third party not committed with the fair-practices document. Methodology/approach/design – In this article, we will refer to the particularities that arise from a case concerning the Chilean Law no. 20,168, of 2007, on unfair competition and self-regulation of advertising in the Internet pertaining WOM, Movistar, Entel, Claro and Virgin. Findings – The Chilean Law no. 20,168, of 2007 contributes to the goal of discouraging conduct contrary to good faith or good practices in advertising in conjunction with codes of conduct that have been approved in the field related to the systems of self-regulation.

  2. Lives saved by laws and regulations that resulted from the Bloomberg road safety program.

    Science.gov (United States)

    Miller, Ted R; Levy, David T; Swedler, David I

    2018-04-01

    To estimate lives saved during 2008-2023 by traffic safety laws passed in six developing countries while participating in the Bloomberg Road Safety Program (BRSP). BRSP-funded local staff identified relevant laws and described enforcement to the study team. We analyzed road crash death estimates for 2004-2013 from the Global Burden of Disease and projected estimates absent intervention forward to 2023. We amalgamated developing country and US literature to estimate crash death reductions by country resulting from laws governing drink driving, motorcycle helmets, safety belt use, and traffic fines. BRSP helped win approval of traffic safety laws in Brazil, China, Kenya, Mexico, Turkey, and Vietnam. In 2008-2013, those laws saved an estimated 19,000 lives. Many laws only took effect in 2014. The laws will save an estimated 90,000 lives in 2014-2023. Of the 109,000 lives saved, drink driving laws will account for 84%, increased motorcyclist protection for 13%, increased fines and penalty points for 2%, and safety belt usage mandates for 1%. Drink driving reductions in China will account for 56% of the savings and reduced drink driving and motorcycling deaths in Vietnam for 35%. The savings in China will result from a narrow intervention with just 4% estimated effectiveness against drink driving deaths. As a percentage of deaths anticipated without BRSP effort, the largest reductions will be 11% in Vietnam and 5% in Kenya. Viewed as a public health measure, improving traffic safety provided large health gains in developing nations. Copyright © 2018 Elsevier Ltd. All rights reserved.

  3. Environmental Strategies of Affect Regulation and Their Associations With Subjective Well-Being

    Directory of Open Access Journals (Sweden)

    Kalevi M. Korpela

    2018-04-01

    Full Text Available Environmental strategies of affect regulation refer to the use of natural and urban socio-physical settings in the service of regulation. We investigated the perceived use and efficacy of environmental strategies for regulation of general affect and sadness, considering them in relation to other affect regulation strategies and to subjective well-being. Participants from Australia, Finland, Germany, Great Britain, Italy, India, the Netherlands, Portugal, and Sweden (N = 507 evaluated the frequency of use and perceived efficacy of affect regulation strategies using a modified version of the Measure of Affect Regulation Styles (MARS. The internet survey also included the Satisfaction with Life Scale (SWLS, emotional well-being items from the RAND 36-Item Health Survey, and a single-item measure of perceived general health. Environmental regulation formed a separate factor of affect regulation in the exploratory structural equation models (ESEM. Although no relations of environmental strategies with emotional well-being were found, both the perceived frequency of use and efficacy of environmental strategies were positively related to perceived health. Moreover, the perceived efficacy of environmental strategies was positively related to life satisfaction in regulating sadness. The results encourage more explicit treatment of environmental strategies in research on affect regulation.

  4. Environmental Strategies of Affect Regulation and Their Associations With Subjective Well-Being

    Science.gov (United States)

    Korpela, Kalevi M.; Pasanen, Tytti; Repo, Veera; Hartig, Terry; Staats, Henk; Mason, Michael; Alves, Susana; Fornara, Ferdinando; Marks, Tony; Saini, Sunil; Scopelliti, Massimiliano; Soares, Ana L.; Stigsdotter, Ulrika K.; Ward Thompson, Catharine

    2018-01-01

    Environmental strategies of affect regulation refer to the use of natural and urban socio-physical settings in the service of regulation. We investigated the perceived use and efficacy of environmental strategies for regulation of general affect and sadness, considering them in relation to other affect regulation strategies and to subjective well-being. Participants from Australia, Finland, Germany, Great Britain, Italy, India, the Netherlands, Portugal, and Sweden (N = 507) evaluated the frequency of use and perceived efficacy of affect regulation strategies using a modified version of the Measure of Affect Regulation Styles (MARS). The internet survey also included the Satisfaction with Life Scale (SWLS), emotional well-being items from the RAND 36-Item Health Survey, and a single-item measure of perceived general health. Environmental regulation formed a separate factor of affect regulation in the exploratory structural equation models (ESEM). Although no relations of environmental strategies with emotional well-being were found, both the perceived frequency of use and efficacy of environmental strategies were positively related to perceived health. Moreover, the perceived efficacy of environmental strategies was positively related to life satisfaction in regulating sadness. The results encourage more explicit treatment of environmental strategies in research on affect regulation. PMID:29720955

  5. Environmental regulations and plant exit: A logit analysis based on established panel data

    Energy Technology Data Exchange (ETDEWEB)

    Bioern, E; Golombek, R; Raknerud, A

    1995-12-01

    This publication uses a model to study the relationship between environmental regulations and plant exit. It has the main characteristics of a multinomial qualitative response model of the logit type, but also has elements of a Markov chain model. The model uses Norwegian panel data for establishments in three manufacturing sectors with high shares of units which have been under strict environmental regulations. In two of the sectors, the exit probability of non-regulated establishments is about three times higher than for regulated ones. It is also found that the probability of changing regulation status from non-regulated to regulated depends significantly on economic factors. In particular, establishments with weak profitability are the most likely to become subject to environmental regulation. 12 refs., 2 figs., 6 tabs.

  6. Exposure to environmental tobacco smoke in Chaves after the implementation of the law 37/2007. A cross-sectional study in two healthcare settings.

    Science.gov (United States)

    Paradela, C; Pérez-Ríos, M; Ruano-Ravina, A; Barros-Dios, J M

    2013-01-01

    Environmental tobacco smoke (ETS) is currently the main indoor pollutant and causes a high morbility and mortality. A partial restriction came into force in Portugal, in 2008, law 37/2007, trying to control, define and regulate smoke-free environments. To assess exposure and perceived impact of the law 37/2007 on exposure to ETS among adults attending to the two health care facilities of Chaves (Portugal). A cross-sectional survey on tobacco consumption and exposure to ETS was undertaken in Chaves (Northern Portugal) between November 2009 and February 2010. All the patients, over 17, attending to any of the Chaves Primary Care Facilities were interviewed. Patient enrolment was done on a rolling basis covering all days of the week. A face to face interview was carried out and a carbon monoxide was measured. Prevalence and means are shown with 95% confidence intervals. 287 patients participated in the survey, 56% were males and the mean age was 54 years. Smoking prevalence was 23,6%, significantly higher in males (31% vs 17%). 46,2% reported exposure tobacco smoke elsewhere (53% in males vs. 40% in females). Smokers declared to be more exposed to ETS than non-smokers. 16.2% of the population declared to be exposed at home, 14% at work and 33% at leisure places. The highest decrease in perception of passive exposure was found for restaurants (95%). In nightclubs 68% of the participants stated that exposure has remained unchanged. The tobacco control law offered protection against tobacco smoke in several closed public spaces. However, a significant proportion of the population remains exposed. This study highlights the ineffectiveness of a partial ban. A comprehensive law is, therefore, required in Portugal. Copyright © 2012 Sociedade Portuguesa de Pneumologia. Published by Elsevier España. All rights reserved.

  7. Air pollution control regulation. [Japan

    Energy Technology Data Exchange (ETDEWEB)

    Sogabe, K

    1975-05-01

    The Basic Law for Environmental Pollution Control is reviewed. The fundamental ideology of pollution control, range of pollution control, environmental standards, and national policy concerning pollution control are discussed. The content of the Air Pollution Control Law is summarized. The purpose of the Air Pollution Control Law, a list of substances regulated by the law, the type of facilities regulated by the law, control standards, type of control means, and emission standards for flue gas (sulfur oxides, particulate matters, and toxic substances) are described. The environmental standard for each pollutant and the target date for achieving the environmental standard are also given. The list of cities where the 7-rank K value control regulation for SOx is enforced is given. The procedure for registration in compliance with the law is also described.

  8. Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

    Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

  9. INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

    Directory of Open Access Journals (Sweden)

    Dhiana Puspitawati

    2015-12-01

    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

  10. Classified installations. Two centuries of legislation and nomenclature. Tome 1 - The foundational decree of October 15, 1810 and the law of December 19, 1917: the progressive protection of third parties rights. Tome 2 - The law of July 19, 1976: the accelerated regression of the environmental law

    International Nuclear Information System (INIS)

    Ullmann, Gabriel

    2016-01-01

    The imperial decree of October 15, 1810 established the first national regulation on classified facilities. It laid the ground for French law on the industrial environment by creating the first nomenclature. An analysis of over 140 nomenclature texts published since then has provided insight into a certain number of societal developments. Indeed, the nomenclature System has been a powerful social marker for more than two centuries. Furthermore, the effectiveness of the law has depended greatly on the nomenclature System. While its original objective was to foster freedom of enterprise, it gradually evolved towards a law protecting third parties, in particular regarding property rights. The Act of December 19, 1917 on classified facilities further strengthened this purpose, generally placing the focus first on third parties and then on the environment. The act also favored workers' health and safety, which had been ignored until then. On the other hand, the act abolished the principle of preliminary authorization by introducing a declaration scheme for the benefit of operators (Volume 1). The Act of July 19, 1976 on classified facilities for environmental protection took over and modernized all of these provisions but without really introducing any innovation. The nomenclature System rapidly underwent a series of transformations that generally resulted in the decommissioning of numerous facilities. The declaration scheme continued to expand. However, the creation of the registration scheme in 2009, which is somewhere between the declaration and authorization schemes, has led to a dramatic reduction in the reach of the latter. The transposition of recent European directives has spurred this process by introducing a new nomenclature. Never before has such a regression on environmental law been reached, especially since it is combined with a marked separation between classified facilities and the receiving environment (Volume 2). (author)

  11. REFLECTIONS ON THE EVOLUTION OF MINOR'S RIGHTS IN CONFLICT WITH THE LAW IN THE EUROPEAN UNION: FROM THE NATIONAL REGULATIONS TO THE COMMUNITY REGULATIONS

    Directory of Open Access Journals (Sweden)

    Gheorghe, BONCIU

    2015-06-01

    Full Text Available The study proposes an examination of the development rights of juveniles in conflict with the law in terms of legal regulations adopted by the Council of Europe, the European Union and its Member States. Approaching the settlement of all matters relating to human rights, including the rights of the child, it searched the extent to provide a mechanism in respect of children's rights and how its rights are reflected both of the European Convention on Human Rights and Fundamental Freedoms and Community and of national regulations of the Member States of the European Union. Declarative character of the Community provisions do not provide sufficient protection and uniformity toward juvenile rights in this matter, being treated differently in different countries depending on national and regional legal regime. Analysis of international treaties, customary, and national case law emphasized the need for prevention of juvenile delinquency and juvenile protection by merging rules at Community level in order to ensure a common, reasonable and sufficient protection for the juvenile in general and those found in conflict with law in particular.

  12. Legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading

    International Nuclear Information System (INIS)

    Retsch, Alexander T.

    2014-01-01

    The thesis on legal market abuse regulations of WpHG (law on stock trading) and the REMIT-VO in the electricity spot trading include the discussion of the following issues: market abuse, its forms of appearance (market manipulation, insider trade, insider information), electricity spot trading, relevant legislative frame, market abuse regulations (WpHG), interdiction of market manipulation and related regulations.

  13. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1981-01-01

    This ordinance is stipulated under the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors. The designation for refining and processing businesses under the law shall be obtained for each works or enterprise where these operations are to be practiced. Persons who intend to accept the designation shall file applications attaching business plans and the other documents specified by the ordinances of the Prime Minister's Office and other ministry orders. The permission for the installation of nuclear reactors under the law shall be received for each works or enterprise where reactors are to be set up. Persons who intend to get the permission shall file applications attaching the financing plans required for the installation of reactors and the other documents designated by the orders of the competent ministry. The permission concerning the reactors installed on foreign ships shall be obtained for each ship which is going to enter into the Japanese waters. Persons who ask for the permission shall file applications attaching the documents which explain the safety of reactor facilities and the other documents defined by the orders of the Ministry of Transportation. The designation for reprocessing business and the application for it are provided for, respectively. The usage of nuclear fuel materials, nuclear raw materials and internationally regulated goods is ruled in detail.(Okada, K.)

  14. Crossing boundaries: a comprehensive survey of medical licensing laws and guidelines regulating the interstate practice of pathology.

    Science.gov (United States)

    Hiemenz, Matthew C; Leung, Stanley T; Park, Jason Y

    2014-03-01

    In the United States, recent judicial interpretation of interstate licensure laws has found pathologists guilty of malpractice and, more importantly, the criminal practice of medicine without a license. These judgments against pathologists highlight the need for a timely and comprehensive survey of licensure requirements and laws regulating the interstate practice of pathology. For all 50 states, each state medical practice act and state medical board website was reviewed. In addition, each medical board was directly contacted by electronic mail, telephone, or US registered mail for information regarding specific legislation or guidelines related to the interstate practice of pathology. On the basis of this information, states were grouped according to similarities in legislation and medical board regulations. This comprehensive survey has determined that states define the practice of pathology on the basis of the geographic location of the patient at the time of surgery or phlebotomy. The majority of states (n=32) and the District of Columbia allow for a physician with an out-of-state license to perform limited consultation to a physician with the specific state license. Several states (n=5) prohibit physicians from consultation without a license for the specific state. Overall, these results reveal the heterogeneity of licensure requirements between states. Pathologists who either practice in multiple states, send cases to out-of-state consultants, or serve as consultants themselves should familiarize themselves with the medical licensure laws of the states from which they receive or send cases.

  15. The Existence of Customary Rights of Customary Law Community and Its Regulation in the Era of Special Autonomy of Papua

    Directory of Open Access Journals (Sweden)

    Roberth Kurniawan Ruslak Hammar

    2018-03-01

    Full Text Available The protection and recognition of ulayat rights of customery law community is a constitutional obligation as written in 1945 constitution Verse 18B. Therefore, bettering knowledge and comprehension of ulayat rights in every tribe existed in Papua is believed as an effort to minimize potential conflicts among government, businessman and indigenous people of Papua. In addition, the knowledge and understanding should be legitimated as the local law as a means to accelerate the regional development as well as community’s welfare. This research was conducted in Arfak people from 2008 to 2009 and continued in 2016. The purpose of this research is to investigate the existence of ulayat rights in indigenous people of Arfak. It is a normative-empirical study that was analyzed by descriptive qualitative method. This study showed that: (1 the protection and implementation of ulayat rights is found in the constitution number 21 year 2001 and implemented in Special Regional Law number 23 year 2008 which says “the ulayat rights of indigenous people is acknowledged and protected by the nation, government, provincial government, district and is implemented by a committee and accommodated in regent or major’s policy.” (2 Indigenous people of Arfak have a graded ulayat rights which are great tribe of Arfak and the smaller tribes which consist of Hatam, Sougb, Meyah, ulayat rights of Mnu, ulayat rights of Keret and the family, as well as the regulation and use of ulayat rights is regulated by their own Mananir.

  16. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1985-01-01

    This ordinance is stipulated under the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors. The designation for refining and processing businesses under the law shall be obtained for each works or enterprise where these operations are to be practiced. Persons who intend to accept the designation shall file applications attaching business plans and the other documents specified by the ordinances of the Prime Minister's Office and other ministry orders. The permission for the installation of nuclear reactors under the law shall be received for each works or enterprise where reactors are to be set up. Persons who intend to get the permission shall file applications attaching the financing plans required for the installation of reactors and the other documents designated by the orders of the competent ministry. The permission concerning the reactors installed on foreign ships shall be obtained for each ship which is going to enter into the Japanese waters. Persons who ask for the permission shall file applications attaching the documents which explain the safety of reactor facilities and the other documents defined by the orders of the Ministry of Transportation. The designation for reprocessing business and the application for it are provided for, respectively. The usage of nuclear fuel materials, nuclear raw materials and internationally regulated goods is ruled in detail. (Kubozone, M.)

  17. 75 FR 14593 - Environmental Impact Statements and Regulations; Availability of EPA Comments

    Science.gov (United States)

    2010-03-26

    ... Management Plan for Reef Fish Resources, Addresses Bycatch of Sea Turtles in the Bottom Longline Component of... ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-8989-4] Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental Review Process...

  18. Taking of hostages as an offense in international law and Serbian regulations

    Directory of Open Access Journals (Sweden)

    Cmiljanić Bajo M.

    2012-01-01

    Full Text Available In the development of international relations, hostage-taking was carried out as an insurance against fraud, not keeping obligations, or according to the rules of war law. Earlier taking hostages was more related to armed conflicts, and in modern times it is more related to terrorist acts in international terrorism. The taking of hostages is an international offense, which has its essential elements and characteristics. It is a crime punishable under the national legislation of many countries, and taking of hostages in armed conflicts is a war crime for which the International Criminal Court is responsible. International terrorism is manifested through a variety of terrorist acts, which, through fear and panic aim to achieve a political purpose. The range of these terrorist acts is wide and varied. One of these terrorist activities is the taking of hostages. As an offense established by the norms of international law, this unlawful act must be specifically investigated and clarified, which is the goal of this paper. This paper gives an overview of the features and elements of the offense in the light of international law and the laws of the Republic of Serbia.

  19. Towards sustainability. Major challenges for corporate law, corporate governance and regulation

    NARCIS (Netherlands)

    van Basten-Boddin, C.; de Hoo, S.C.; Renssen, S.; Schwarz, C.A.

    2014-01-01

    This book covers the presentations held at the launching event of the Institute for Corporate Law, Governance and Innovation Policies (ICGI) at Maastricht University. Contributions are provided by Willem Lageweg (Director of MVO Nederland), Prof. Dr. Jacqueline Cramer (Director of the Utrecht

  20. Subsidy regulation in WTO Law : Some implications for fossil fuels and renewable energy

    NARCIS (Netherlands)

    Marhold, Anna

    2016-01-01

    This contribution discusses WTO subsidies disciplines in the context of the energy sector. After laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies on clean

  1. Subsidies in WTO Law and Energy Regulation : Some Implications for Fossil Fuels and Renewable Energy

    NARCIS (Netherlands)

    Marhold, Anna

    2018-01-01

    This contribution discusses WTO subsidies disciplines in the context of the energy sector. After laying out the relevant disciplines, it will discuss the paradox of WTO law with respect to subsidies towards fossil fuels vis-à-vis those towards renewable energy. It is clear that subsidies on clean

  2. Labor Law Reform: The Regulation of Free Speech and Equal Access in NLRB Representational Elections.

    Science.gov (United States)

    University of Pennsylvania Law Review, 1979

    1979-01-01

    After examining the existing legal standards governing free speech and equal access in representation elections, the author analyzes various reform possibilities and suggests a unified approach for legislative action. Available from the University of Pennsylvania Law School, 3400 Chestnut Street, Philadelphia, Pennsylvania 19104; $3.00 sc.…

  3. Varieties of European Economic Law and Regulation : Liber Amicorum for Hans Micklitz

    NARCIS (Netherlands)

    Purnhagen, K.; Rott, P.

    2014-01-01

    This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European

  4. Internal Controls and Compliance With Laws and Regulations for the Defense Finance and Accounting Service Working Capital Fund Financial Statements for FY 1998

    National Research Council Canada - National Science Library

    1999-01-01

    .... The Director, Defense Finance and Accounting Service (DFAS), who is the fund manager of the DFAS Working Capital Fund, is responsible for establishing and maintaining adequate internal controls and for complying with applicable laws and regulations...

  5. Internal Controls and Compliance With Laws and Regulations for the FY 1996 Financial Statements of the "Other Defense Organizations" Receiving Department 97 Appropriations

    National Research Council Canada - National Science Library

    1997-01-01

    The overall audit objective was to assess internal controls and compliance with laws and regulations and to review and evaluate the adjustments to the FY 1996 "Other Defense Organizations" financial statements...

  6. 75 FR 1585 - Draft Environmental Impact Statement; Determination of Regulated Status of Alfalfa Genetically...

    Science.gov (United States)

    2010-01-12

    ...] Draft Environmental Impact Statement; Determination of Regulated Status of Alfalfa Genetically... and Forage Genetics International alfalfa lines designated as events J101 and J163 as regulated... International (FGI) alfalfa events J101 and J163 were no longer considered regulated articles under the...

  7. CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

    Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.

  8. Environmental regulation in the new exploration climate: After Rio, what next?

    International Nuclear Information System (INIS)

    Millison, D.

    1993-01-01

    Exploration activities of U.S.-headquartered petroleum companies have increasingly shifted to international targets, in large part due to excessive environmental regulation. However, governments hosting new exploration venues are promulgating environmental regulations, often based on U.S. EPA regulations, which affect the economics of oil and gas operations. New host-country regulations, combined with a growing worldwide open-quotes green movement,close quotes require the new exploration climate to be evaluated in terms of environmental restrictions on drilling, production, and downstream operations. Is the industry truly fleeing regulation, but destined to dead-end in a never-never land of dwindling opportunity? Or is there hope for a system of reasonable regulations which encourage open-quotes sustainable developmentclose quotes of new petroleum resources? The green movement now places a new burden on trade. Exporters must verify to open-quotes greenclose quotes consumers that their products are open-quotes environmentally friendlyclose quotes, effectively introducing a non-tariff trade restriction. The playing field of international trade is leveled by adaption of US or European-style environmental regulation. THe UNCED conference in Rio has further promoted a system of international environmental regulation which will likely grow stronger as globalization of trade increases. This presentation focuses on the increasing standardization of international regulations which affect petroleum development. Key issues discussed are: the effect of atmospheric emissions controls on energy development policy and petroleum operations, environmental regulations in Latin America-risk vs. technology-based policies, and linking environmental regulations and international trade

  9. Manual: environmental impact statement and intervention regulation; Leitfaden Umweltvertraeglichkeitspruefung und Eingriffsregelung

    Energy Technology Data Exchange (ETDEWEB)

    Neumann, K

    1993-12-31

    In order to be able to fulfil also legally the important tasks of environmental protection and natural preservation in the last ten years numerous legal provisions have been issued. Many of these laws require that the environmental impact of projects and constructional measures is taken into account to a higher degree. Two important instruments in this connection are the impact statement and the intervention regulation of natural preservation. Their importance and consequences for the planning and realization of projects are until now not sufficiently know. This manual is to fill this gap. This booklet shall help builder-owners and investors to realize their building projects in a way which is compatible with the environment. For architects and planners information is given in this manual about the requirements to be fulfilled in the individual planning and licensing procedures. The booklet is structured in a way that builder-owners, consultants and authorities find quickly the information needed. (orig./KW) [Deutsch] Um die wichtigen Aufgaben des Umwelt- und Naturschutzgesetzes auch rechtlich zu bewaeltigen, sind in den letzten Jahren eine Vielzahl von Rechtsvorschriften erlassen worden. Zahlreiche dieser Gesetze erfordern, dass kuenftig Umwelt- und Naturschutzbelange bei Planungen und Baumassnahmen staerker beruecksichtigt werden. Zwei wesentliche Instrumente dafuer sind die Umweltvertraeglichkeitspruefung (UVP) und die naturschutzrechtliche Eingriffsregelung. Ihre Bedeutung und die sich daraus ergebenden Konsequenzen fuer die Planung und Ausfuehrung von Vorhaben sind bislang allerdings noch nicht hinreichend bekannt. Diese Luecke soll der vorliegende Leitfaden schliessen helfen. Bauherren und Investoren sollen mit dieser Broschuere informiert werden, wie sie ihr geplantes Bauvorhaben umweltvertraeglich realisieren koennen. Architekten und Planer koennen durch diesen Leitfaden erfahren, welche Leistungen in den einzelnen Planungs- und Genehmigungsverfahren zu

  10. Assessment of codes, by-laws and regulations relating to air wells in building design

    Science.gov (United States)

    Fadzil, Sharifah Fairuz Syed; Karamazaman, Nazli

    2017-10-01

    Codes and by-laws concerning air well design (for buildings and lavatories) in Malaysia has been established in the Malaysian Uniform Building By-Laws UBBL number 40 (1) and (2) since the 1980s. Wells are there to fulfill the ventilation and daylighting requirements. The minimum well area according to building storey height are compared between UBBL and the Singapore's well requirements from the Building Construction Authority BCA. A visual and graphical representation (with schematics building and well diagrams drawn to scale) of the minimum well sizes and dimensions is given. It can be seen that if the minimum requirement of well size is used for buildings above 8 storeys high, a thin well resulted which is not proportionate to the building height. A proposed dimension is graphed and given to be used in the UBBL which translated to graphics (3 dimensional buildings drawn to scale) created a much better well proportion.

  11. Competition law and environmental protection : the Dutch agreement on coal-fired power plants

    NARCIS (Netherlands)

    Kloosterhuis, Erik; Mulder, Machiel

    2015-01-01

    Agreements between firms to jointly reduce production capacity generally violate competition law, unless specific conditions are met. These conditions imply that the agreements need to realize benefits for consumers that could not otherwise be realised. Together, we call them “efficiency defence.”

  12. The Regulation of Religious Freedom in Indonesia And International Law Perspective

    OpenAIRE

    BAKHTIAR, HANDAR SUBHANDI

    2017-01-01

    International Journal Of Law In reality, there are still violations of the rights-violations of religious freedom. The system of democratic societies allow for any differences, including religion, culture and ideology to be communicated and consolidated well. Here in lies the importance of setting and restrictions se in a human rights instruments both internationally and nationally. Through its legal instrument, the mission to ensure security for everyone with neutral behavior or nonpartis...

  13. From Support to Pressure: The Dynamics of Social and Governmental Influences on Environmental Law Enforcement in Guangzhou City, China

    NARCIS (Netherlands)

    van Rooij, B.; Fryxell, G.E.; Lo, C.W.H.; Wang, W.

    2013-01-01

    This paper examines how changes in governmental and social influences affect environmental enforcement in Guangzhou city, China, between 2000 and 2006. The paper finds that a form of "decentered regulation" has developed. Regulatory enforcement is no longer the sole affair of the government and the

  14. Agriculture: Laws and Regulations that Apply to Your Agricultural Operation by Farm Activity

    Science.gov (United States)

    A general description of EPA’s requirements applicable to agriculture, and should only be used as a guide. Since rules and regulations may change use this information is a starting place to determine which regulations apply to your agricultural operation.

  15. Regulation tomorrow : What happens when technology is faster than the law?

    NARCIS (Netherlands)

    Vermeulen, Erik; Fenwick, Mark; Kaal, Wulf A.

    2016-01-01

    In an age of constant, complex and disruptive technological innovation, knowing what, when, and how to structure regulatory interventions has become much more difficult. Regulators can find themselves in a situation where they believe they must opt for either reckless action (regulation without

  16. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1978-01-01

    This law has following two purposes. At first, it exercises necessary controls concerning nuclear source material, nuclear fuel material and reactors in order to: (a) limit their uses to those for the peaceful purpose; (b) ensure planned uses of them; and (c) ensure the public safety by preventing accidents from their uses. Necessary controls are to be made concerning the refining, fabricating and reprocessing businesses, as well as the construction and operation of reactors. The second purpose of the law is to exercise necessary controls concerning internationally controlled material in order to execute the treaties and other international agreements on the research, development and use of atomic energy (the first chapter). In the second and following chapters the law prescribes controls for the persons who wish to carry on the refining and fabricating businesses, to construct and operate reactors, and to conduct the reprocessing business, as well as for those who use the internationally controlled material, respectively in separate chapters by the category of those businesses. For example, the controls to the person who wishes to construct and operate reactors are: (a) the permission of the business after the examination; (b) the examination and approval of the design and methods of construction prior to the construction; (c) the inspection of the facilities prior to their use; (d) periodic inspections of the facilities; (e) the establishment of requirements for safety measures and punishments to their violations. (Matsushima, A.)

  17. Regulation of advance directives in Italy: a bad law in the making.

    Science.gov (United States)

    Gristina, Giuseppe Renato; Martin, Erica; Ranieri, Vito Marco

    2012-11-01

    The Advance Directives (ADs) have been adopted in many countries to defend patients' autonomy. In Italy, the role of ADs has recently been the subject of heated debate involving political parties and the Roman Catholic Church. In February 2009, the conservative government coalition presented a bill of law on this issue. It has been passed by the Low Chamber and is now being discussed in the Senate. The purpose of the article is to highlight any possible bill's contradiction with Italian Constitution, Italian Code of Medical Ethics (ICME), and Oviedo Convention contents, relevant for intensivists. Analysis of bill's content in the light of Italian Constitution, ICME, Oviedo Convention articles and in comparison with French legislation regarding end of life (Leonetti law). In the Authors' point of view the bill's articles -limit the moral and judicial importance of four main issues as informed consent, permanent incapacity, artificial nutrition/hydration, and withdraw/withhold treatments. In the Authors' opinion the ADs must represent informed preferences made freely by patients within the relationship with their physicians, as part of an advance care planning. When this relationship develops in accordance with the ICME rules, it contains all of the ethical/professional dimensions to legitimate right choices in each case. The law should draw inspiration from ICME principles, assigning them a juridical power, acknowledging their validity in legitimating end-of-life decisions, and defining a framework of juridical legitimacy for these decisions without infringing on patients' right to autonomy with prescriptions on the care.

  18. The regulation of the EC on the environmental impact statement

    International Nuclear Information System (INIS)

    Cupei, J.

    1985-01-01

    In March 1985, the Council of Ministers of the European Communities agreed on a draft directive for an environmental impact assessment. Preparations and difficult negotiations lasted for nearly ten years. An important step was the draft of the Commission of 1980. Besides the history of the draft topics of discussion are the following: Scope of the directive, procedural problems of the environmental impact assessment, phases of the investigation, content and scope of the assessment, periodical control of the installation and its environmental effects, problems of communication. (DR)

  19. Rochester’s Lead Law: Evaluation of a Local Environmental Health Policy Innovation

    Science.gov (United States)

    Ayoob, Maria; Morley, Rebecca

    2011-01-01

    Background: Significant progress has been made in reducing the incidence of childhood lead poisoning in the United States in the past three decades. However, the prevalence of elevated blood lead in children (≥ 10 μg/dL) remains high in some communities, particularly those with high proportions of pre-1978 housing in poor condition. Increasingly, municipalities are using local policy tools to reduce lead poisoning in high-risk areas, but little is known about the effectiveness of such policies. Objectives: In this article, we evaluated the effectiveness of a comprehensive rental housing–based lead law adopted in Rochester, New York, in 2005. Methods: This policy evaluation integrates analyses of city inspections data, a survey of landlords, landlord focus groups, and health department data on children’s blood lead levels from the first 4 years of implementation of the 2005 law. Results: Implementation has proceeded consistent with projected numbers of inspections with nearly all target units inspected in the first 4 years. Higher than expected inspection passage rates suggest that landlords have reduced lead hazards in rental housing affected by the law. Implementation of the lead law does not appear to have had a significant impact on the housing market. Conclusions: Although many uncertainties remain, our analysis suggests that the lead law has had a positive impact on children’s health. Strong enforcement, support for community-based lead programs, and ongoing intergovernmental coordination will be necessary to maintain lead-safe housing in Rochester. Lessons learned from the Rochester experience may inform future local lead poisoning prevention policies in other communities. PMID:22001644

  20. Market effects of environmental regulation: coal, railroads, and the 1990 Clean Air Act

    Energy Technology Data Exchange (ETDEWEB)

    Busse, M.R.; Keohane, N.O. [University of California Berkeley, Berkeley, CA (United States)

    2007-01-01

    Many environmental regulations encourage the use of 'clean' inputs. When the suppliers of such an input have market power, environmental regulation will affect not only the quantity of the input used but also its price. We investigate the effect of the Title IV emissions trading program for sulfur dioxide on the market for low-sulfur coal. We find that the two railroads transporting coal were able to price discriminate on the basis of environmental regulation and geographic location. Delivered prices rose for plants in the trading program relative to other plants, and by more at plants near a low-sulfur coal source.

  1. By Law Established

    DEFF Research Database (Denmark)

    Christoffersen, Lisbet

    2017-01-01

    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...

  2. Establishing Reusable Requirements Derived from Laws and Regulations for Medical Device Development

    DEFF Research Database (Denmark)

    Hauksdóttir, Dagný; Mortensen, Niels Henrik; Ritsing, Brian

    2016-01-01

    skills and consumes significant effort in product development. Therefore initiating reuse from the analysis and elicitation of requirements from standards and regulations may provide promising potential for gaining efficiency in development and also for assuring sufficient quality of the work...

  3. Countermeasures in the field of human factors in relation, to pedestrian behaviour, regulations, and law enforcement.

    NARCIS (Netherlands)

    Kraay, J.H.

    1974-01-01

    Existing measures and theoretical studies on pedestrian behavior, regulations, and enforcement are reviewed. Specific consideration is given to: types of crossings; traffic signal effectiveness; bridges and subways; traffic training areas for children; characteristic movements of pedestrian

  4. USE OF WEB-RESOURCES IN THE EDUCATIONAL COURSE "ENVIRONMENTAL LAW OF UKRAINE"

    Directory of Open Access Journals (Sweden)

    Serhiy H. Pankevych

    2013-10-01

    Full Text Available The review of the important ecological-law web-resources is submitted. The main possibilities and some nuances of work with sites of legal databases are described. It is accented on opportunities of expanded search on portals of the Verkhovna Rada of Ukraine, «Liga-Zakon» and «NAU-online» systems, in the Unified State Register of judgments. Some references on resources of the public organizations which are engaged in nature protection activities are given. The approximate subject is defined and examples of the concrete practical and individual training, based on the use of thematic web resources, are presented. Methodical value of application the Internet-technologies when studying and teaching ekological-law disciplines is estimated.

  5. Some issues on the Law for the Regulations of Nuclear Source Material, Nuclear Fuel Material and Reactors Amendment after JCO criticality accident

    International Nuclear Information System (INIS)

    Tanabe, Tomoyuki

    2001-01-01

    As the Amendment of the Law for the Regulation of Nuclear Material, Nuclear Fuel Material and Reactors on an opportunity of the JCO criticality accident can be almost evaluated at a viewpoint of upgrading on effectiveness of safety regulation, it is thought to remain a large problem to rely on only enforcement of regulation due to amendment of the Law at future accident. In future, it can be also said to be important subjects to further expand a philosophy on the regulation (material regulation) focussed to hazards of nuclear material itself, not only to secure effectiveness on the multi-complementary safety regulation due to the administrative agency and the Nuclear Safety Commission but also to prepare a mechanism reflexible of a new information to the safety regulation, and to prepare a mechanism to assist adequate business execution and so forth of enterprises. (G.K.)

  6. Managing Marine Litter: Exploring the Evolving Role of International and European Law in Confronting a Persistent Environmental Problem

    Directory of Open Access Journals (Sweden)

    Arie Trouwborst

    2011-06-01

    Full Text Available The contamination of the world's oceans by human garbage, especially plastics, ranks among those environmental problems whose resolution appears remote, despite the considerable public attention paid to the 'Great Garbage Patch' in the Pacific, 'plastic soup', and the like. This 'marine litter' (or 'marine debris' problem is characterized by diffuse sources and an array of adverse environmental impacts, including entanglement of and ingestion by albatrosses, fulmars, turtles, seals and a variety of other marine wildlife. This article explores the evolving role of international law in the efforts to manage marine litter, including recent developments involving the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention and the European Union's Marine Strategy Framework Directive (MSFD.

  7. Managing Marine Litter: Exploring the Evolving Role of International and European Law in Confronting a Persistent Environmental Problem

    Directory of Open Access Journals (Sweden)

    Arie Trouwborst

    2011-06-01

    Full Text Available  The contamination of the world's oceans by human garbage, especially plastics, ranks among those environmental problems whose resolution appears remote, despite the considerable public attention paid to the 'Great Garbage Patch' in the Pacific, 'plastic soup', and the like. This 'marine litter' (or 'marine debris' problem is characterized by diffuse sources and an array of adverse environmental impacts, including entanglement of and ingestion by albatrosses, fulmars, turtles, seals and a variety of other marine wildlife. This article explores the evolving role of international law in the efforts to manage marine litter, including recent developments involving the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention and the European Union's Marine Strategy Framework Directive (MSFD.

  8. Climate protection laws in Taiwan

    International Nuclear Information System (INIS)

    Chiu, Yen-Lin Agnes

    2014-01-01

    The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

  9. 76 FR 72391 - Defense Logistics Agency Revised Regulation 1000.22, Environmental Considerations in Defense...

    Science.gov (United States)

    2011-11-23

    ... DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DOD-2011-OS-0055] Defense Logistics Agency Revised Regulation 1000.22, Environmental Considerations in Defense Logistics Agency Actions AGENCY: Defense Logistics Agency, Department of Defense. ACTION: Revised Defense Logistics Agency...

  10. Environmental Regulation and Innovation Dynamics in the Oil Tanker Industry

    DEFF Research Database (Denmark)

    Perunovic, Zoran; Vidic-Perunovic, Jelena

    2012-01-01

    The maritime industry is widely seen as less permeable to innovation than other industries. However, the industry is now recognizing that demands for increased environment protection can only be achieved by more innovation.This study demonstrates that environmental innovation has played a signifi......The maritime industry is widely seen as less permeable to innovation than other industries. However, the industry is now recognizing that demands for increased environment protection can only be achieved by more innovation.This study demonstrates that environmental innovation has played...

  11. The regulation for enforcing the law concerning indemnification of nuclear damage

    International Nuclear Information System (INIS)

    1978-01-01

    These provisions are established on the basis of and to enforce the ''Law concerning the indemnification of nuclear damage''. Atomic energy enterprises who want to get the approval in connection with the Law shall file the applications to the Director General of Science and Technology Agency, in which the name and the address of the applicant, kinds of the operation of nuclear reactors, the name and the address of the factory or the establishment concerning the operation of nuclear reactors, the thermal output of the reactors, the kinds and quantities of nuclear fuel materials or the things contaminated by such materials to be transported, and the time of starting and the expected time of ending the operation of the reactors, etc. To such applications, shall be attached actually surveyed maps indicating the area of the factory or the establishment concerning the operation of the reactors and the documents certifying the conclusion of obligatory insurances and indemnification contracts, etc. The securities which can be deposited and recovering of such securities are prescribed. (Okada, K.)

  12. Evolutionary Game Analysis of Government Regulation and Enterprise Emission from the Perspective of Environmental Tax

    Science.gov (United States)

    Mai, Yazong

    2017-12-01

    In the context of the upcoming implementation of the environmental tax policy, there is a need for a focus on the relationship between government regulation and corporate emissions. To achieve the real effect of environmental tax policy, government need to regulate the illegal emissions of enterprises. Based on the hypothesis of bounded rationality, this paper analyses the strategic set of government regulators and polluting enterprises in the implementation of environmental tax policy. By using the evolutionary game model, the utility function and payoff matrix of the both sides are constructed, and the evolutionary analysis and strategy adjustment of the environmental governance target and the actual profit of the stakeholders are carried out. Thus, the wrong behaviours could be corrected so that the equilibrium of the evolutionary system can be achieved gradually, which could also get the evolutionary stable strategies of the government and the polluting enterprises in the implementation of environmental tax policy.

  13. The Effect of Environmental Regulation on the Locational Choice of Japanese Foreign Direct Investment

    OpenAIRE

    Kirkpatrick, Colin

    2008-01-01

    Abstract This paper assesses the impact of environmental regulation in host countries on Japanese foreign direct investment decision-making. It tests the pollution haven hypothesis using data on national environmental regulation standards and Japanese inward FDI in five dirty industries. The results do not support the pollution haven haven hypothesis. On the contrary, inward Japanese FDI appears to be attracted to countries which have committe themselves to a tranparent and stable ...

  14. Do Countries with Lax Environmental Regulations Have a Comparative Advantage in Polluting Industries?.

    OpenAIRE

    Miguel Angel Quiroga; Martin Persson; Thomas Sterner

    2009-01-01

    We study whether lax environmental regulations induce comparative advantages, causing the least-regulated countries to specialize in polluting industries. We seek to improve three areas in the empirical literature based on the Heckscher-Ohlin-Vanek’s factor content of trade, more specifically in Tobey’s (1990) approach: the measurement of environmental endowments, the possible endogeneity due to an omitted variable that has not been considered, and the influence of the industrial level of agg...

  15. Have Countries with Lax Environmental Regulations a Comparative Advantage in Polluting Industries?

    OpenAIRE

    Quiroga, Miguel; Sterner, Thomas; Persson, Martin

    2007-01-01

    We aim to study whether lax environmental regulations induce comparative advantages, causing the least-regulated countries to specialize in polluting industries. The study is based on Trefler and Zhu’s (2005) definition of the factor content of trade. For the econometrical analysis, we use a cross-section of 71 countries in 2000 to examine the net exports in the most polluting industries. We try to overcome three weaknesses in the empirical literature: the measurement of environmental endowme...

  16. Environmental laws for mining activities in Provincia de San Juan (Argentina), gravel mines exploitation

    International Nuclear Information System (INIS)

    Ramirez, M.; Carrascosa, H.

    2007-01-01

    This paper analyses San Juan Province - Argentina prevailing environmental legislation for mining activity and gravel mines. The study focuses the subject from a mining engineering point of view. (author)

  17. Mechanisms for the environmental regulation of gene expression

    Indian Academy of Sciences (India)

    2005-01-07

    Jan 7, 2005 ... The environment can play a significant role in the production of phenotypes. However, the developmental mechanisms by which the environmental agents effect normal development are just becoming known. At least three paths have been found through which the environment can modify gene activity.

  18. Comparative analysis of the EU criminal law for environmental protection and the Albanian one

    Directory of Open Access Journals (Sweden)

    Iris Petrela

    2016-03-01

    Full Text Available This paper consists of two main parts where the first one presents the path how the environmental issue was included in the primary legislation of the European Union (EU, starting this theoretical panorama from the first founding treaty – Treaty of Rome, in 1957. It shows that with the passing of years the environmental protection has become one of the most important fields of action of the European Community supported by the primary and secondary legislation of the EU and its several bodies with competencies in this field. The second part of the paper starts with the commitments on the environmental protection that the Albanian state has made upon signature and entrance into force of the Stabilisation and Association Agreement with the EU. In addition, this article presents a summary of the legislative activity in Albania regarding environmental protection in the last two decades with special focus on the time period after the approval of the current Constitution of 1998, which is the basis and origin of every legislative initiative. Furthermore, there are presented the key features of the Albanian environmental legislation, as well as the protection mechanism from the criminal legislation point of view. The presentation of the European and national reality with special focus on environmental protection serves to a comparative purpose between the two models. It also serves to draw conclusions and propose suggestions on how the Albanian legislation should be developed and improved in order to be in line with that of the European Union and effective in practice to serve the ultimate goal of environmental protection and prevention from further environmental degradation.

  19. Regulation and decision-making in environmental radiation protection

    International Nuclear Information System (INIS)

    Larsson, C.M.

    2004-01-01

    The EC-funded project FASSET (Framework for Assessment of Environmental impact), which completed in 2003, has developed an assessment framework for evaluating the environmental impact of ionising radiation on biota in natural ecosystems. The FASSET framework comprises: source characterisation and initial hazard analysis; ecosystem description and selection of reference organisms (ca 30, with defined geometry and life history); exposure analysis, including conversion of input data to external and internal radionuclide concentrations, and subsequent conversion to dose rates; effects analysis, supported by an effects database; and, guidance for interpretation. The framework provides practical and scientific support to the international development of recommendations for radiological protection of the environment through the International Commission on Radiological Protection (cf. ICRP Publication 91). However, on the basis of experiences from FASSET and other recent developments, it can be concluded that there are challenges remaining before environmental radiological protection can be seen as a natural component of general environmental protection. The major future challenge is the development of an integrated approach where decision-making can be guided by sound scientific judgements. This requires, inter alia, filling in gaps in basic knowledge of relevance to assessment and protection, through targeted experimental, theoretical (including expert judgements) and real case studies; development of risk characterisation methodologies, based on both theoretical and experimental studies; development of screening standards, where appropriate; development of user-friendly assessment tools; and stakeholder involvement, including development of supporting communication strategies. A new EC-funded project, ERICA (Environmental Risk from Ionising Contaminants: Assessment and management), has recently started. The project has four operational work packages, being devoted to

  20. Review of Antimicrobial Resistance in the Environment and its Relevance to Environmental Regulators

    Directory of Open Access Journals (Sweden)

    Andrew C Singer

    2016-11-01

    Full Text Available The environment is increasingly being recognised for the role it might play in the global spread of clinically-relevant antibiotic resistance. Environmental regulators monitor and control many of the pathways responsible for the release of resistance-driving chemicals into the environment (e.g., antimicrobials, metals, biocides. Hence, environmental regulators should be contributing significantly to the development of global and national antimicrobial resistance (AMR action plans. It is argued that the lack of environment-facing mitigation actions included in existing AMR action plans is likely a function of our poor fundamental understanding of many of the key issues. Here, we aim to present the problem with AMR in the environment through the lens of an environmental regulator, using the Environment Agency (England’s regulator as an example from which parallels can be drawn globally. The issues that are pertinent to environmental regulators are drawn out to answer: What are the drivers and pathways of AMR? How do these relate to the normal work, powers and duties of environmental regulators? What are the knowledge gaps that hinder the delivery of environmental protection from AMR? We offer several thought experiments for how different mitigation strategies might proceed. We conclude that: 1 AMR Action Plans do not tackle all the potentially relevant pathways and drivers of AMR in the environment; and 2 AMR Action Plans are deficient, in part, because the science to inform policy is lacking and this needs to be addressed.