WorldWideScience

Sample records for environmental liability directive

  1. Application of a value-based equivalency method to assess environmental damage compensation under the European Environmental Liability Directive

    NARCIS (Netherlands)

    Martin-Ortega, J.; Brouwer, R.; Aiking, H.

    2011-01-01

    The Environmental Liability Directive (ELD) establishes a framework of liability based on the 'polluter-pays' principle to prevent and remedy environmental damage. The ELD requires the testing of appropriate equivalency methods to assess the scale of compensatory measures needed to offset damage.

  2. Civil Liability for Environmental Damages

    Directory of Open Access Journals (Sweden)

    Daniela Ciochină

    2012-05-01

    Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

  3. Problematic of mining environmental liabilities in Colombia

    International Nuclear Information System (INIS)

    Arango Aramburo, Marcela; Olaya, Yris

    2012-01-01

    Mining environmental liabilities (PAM from its acronym in Spanish) are areas where there is a need for restoration, mitigation or compensation for environmental damage or unmanaged impact, produced by inactive or abandoned mining that threatens health, quality of life or public or private property. In Colombia the environmental liabilities from mining have not been regulated, but given the age and the prevalence of informality in mining, there is increasing interest in defining, regulating and managing these obligations. In this paper we approach the problem of valuing mining environmental liabilities by examining different management approaches for such liabilities around the world. We also identify key information requirements to manage mining environmental liabilities in Colombia.

  4. Environmental Liability and Organizational Structure

    OpenAIRE

    Laurent Franckx; F.P. de Vries

    2004-01-01

    This paper presents a multitask principal-agent model to examine how environmental liability rules for individual managers within a corporate hierarchy affect, on the one hand, the incentive schemes the organization provides and, on the other hand, the choice between a functional or a product-based organizational structure. If managers are risk neutral, a product-based organization dominates a functional organization and allows to obtain first-best effort level. If, moreover, there are no dis...

  5. Exposing government response action contractors to environmental tort liability

    International Nuclear Information System (INIS)

    Roy, M.J.

    1991-01-01

    Government contractors, particularly those involved with hazardous waste response action activities, are encountering increased risks for environmental tort liabilities. Contracts often include tasks and work assignments requiring the management of industrial, chemical, nuclear or mining wastes, spent fuels, munitions or other toxic substances. Contractors exposure to liability for damages results directly from the environmental laws and regulations pursuant to which the Government has contracted them to respond. Additionally, contractors may be exposed to common law liability under such dogmas as nuisance, trespass and strict liability in tort

  6. Environmental pollution and liability insurance

    International Nuclear Information System (INIS)

    Boediker, T.

    1980-01-01

    By the declared will of the legislative bodies to give effect to the polluter pays principle on all levels those have to pay the costs of removing impairments of environmental media that are responsible for its occurence. Thus environmental pollution becomes a considerable financial risk for the polluter. Against this risk they try to protect themselves by the corresponding precautionary measures, e.g. by insurance. The insurance industry is consequently requested to meet this new demand. The legal bases are followed by the description of the insurance relationship under the aspect of the theory of risks, which follows, based on the basic model of decision theory, the objective of a quantitative representation of the situation of the decision. In the last chapter the author deals with the financial security for the risks of a third party liability insurance of environmental pollution as it is offered today in the Federal Republic of Germany. The elaboration of the existing financial security is then compared with the legal conditions of liability. In doing this the author describes cases not covered by financial security and its definition by comparison with findings of risk theory. As a result it becomes obvious that numerous exclusions of risks could quite good be included in the financial security and that the argument of the impossibility to insure often put forward by the insurers to justify the exclusion of risks can neither theoretically nor practically be uphold. (orig./HSCH) [de

  7. Comprehensive Environmental Response, Compensation and Liability Act

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — This data represents geographic terms used within the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, commonly known as...

  8. Professional liability in the safety and environmental context

    International Nuclear Information System (INIS)

    Matheson, J.A.; Price, A.A.; Scott, J.B.

    1992-01-01

    In Texas, the theories of liability under which professionals can be held liable are breach of contract, common law fraud or misrepresentation, failure to disclose, and the Texas Deceptive Trade Practices Act. Because case law involving safety or environmental professionals is scarce it is necessary to draw analogies from cases involving architects and engineers. These cases, however, may be directly applicable to those who are engineers. This paper reviews examples of these types of liabilities providing case references for each. The paper finishes with preventative steps for minimizing the liabilities of both consulting groups and practicing professionals

  9. Direct liability of corporations and their personnel under CERCLA

    International Nuclear Information System (INIS)

    Landreth, L.W.

    1991-01-01

    The prevailing liability theory applied to those persons who have caused, through their action or inaction, the release of a hazardous substance is that CERCLA provides a statutory basis for direct personal liability This direct avenue to liability is in conflict with well-settled principles of corporate limited liability. This paper discusses the impact CERCLA has had on the common law concepts of liability for corporations and their members

  10. Corporate liability for environmental harm

    OpenAIRE

    Perry-Kessaris, Amanda

    2010-01-01

    Book synopsis; 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 public law, such as trade law and law of the sea. The contributors offer analysis on foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas like marine protection and the law of inter...

  11. Environmental liability and the independent contractor

    International Nuclear Information System (INIS)

    Gilmour, B.S.

    1999-01-01

    The provisions of the Environmental Protection and Enhancement Act (EPEA) regarding the relationship between a company and an independent contractor were reviewed. The EPEA was introduced in September 1993 and significantly altered the environmental laws in the province of Alberta. The provisions of the EPEA that apply to the petroleum industry are conservation and reclamation as well as provisions concerning release of substances, contaminated sites and penalties. Companies that pollute may be held liable for reclamation, even if the work was carried out by an independent contractor and despite the fact that the independent contractor is not an employee of the company. Under the current EPEA laws, companies may not be able to effectively shift responsibility for environmental liabilities to independent contractors even where the contractor was negligent. This paper presented suggestions regarding contractor agreements and due diligence to help minimize the risk of liability to companies. The paper also discussed the following two types of liabilities under the EPEA's harmful substances section: (1) the obligation to clean up an affected area, and (2) fines and penalties that may be imposed when an offence is committed

  12. Managing environmental liabilities at manufactured gas sites

    International Nuclear Information System (INIS)

    Koch, G.S.; Ammann, P.R.; Kolbe, A.L.

    1994-01-01

    Many gas and electric utilities have inherited environmental liabilities from some of the more than 1,500 former manufactured gas plants (MGPs) which supplied a major source of energy in the US from the early 1800s to the mid 1900s. Common materials found at these sites include coal and oil tars, tar/water emulsions, sludges, spent oxides (including cyanide compounds), lampblack, ash, and clinker. There are several issues related to the cleanup of these former MGP sites that benefit from strategic management. First, utilities faced with near-term decisions can carefully analyze and document the value and impact of alternative strategies under various uncontrollable ''future states of the world'', expanding the analysis to review the more global, long-term impacts of near-term decisions, while at the same time creating the necessary documentation in case prudence becomes an issue in the future. Second, throughout the site assessment and remedial process, utilities can employ decision analytic tools to map out possible remediation, cost recovery, and litigation strategies as well as their potential costs, thus providing early information to focus management attention and expenditures on areas with the highest benefit. Third, in many states, utilities are and will be involved in rate hearings concerning the recovery of environmental costs, requiring attention to questions concerning who should pay--the ratepayer or the shareholder. This paper describes analytical tools and economic arguments that have been sued by several utilities to address management of these environmental liabilities

  13. On the optimal environmental liability limit for marine oil transport

    International Nuclear Information System (INIS)

    Di Jin; Kite-Powell, H.L.

    1999-01-01

    Recent changes in the US liability regime for oil pollution damage have intensified a policy debate about environmental liability limits. Economic theory suggests that some type of limit may be needed under certain conditions, and that such a limit should be set so that the marginal social benefit and cost are equal. However, it is unclear how a liability limit may be determined specifically for tanker shipping in US waters. We first examine conditions under which corner solutions (no liability or unlimited liability) are desirable. We then formulate a model to determine a socially optimal liability limit for oil pollution damage in US waters when a non-zero, finite liability limit is desirable. The model captures the tradeoff between less expensive energy supply and more stringent protection of the marine environment. Numerical simulations illustrate the properties of the model and major factors affecting the public policy decision regarding a liability limit. (author)

  14. Due diligence duties for an environmental liability

    International Nuclear Information System (INIS)

    Huebsch, M.

    2000-04-01

    Jurisdiction turned out well to create a basic ruling for due diligence duties. These due diligence duties are high standards for the law of torts (outside of contracts) within the Austrian civil law and represent a liability-extension for the holder of the source of danger. They establish an action for injunction in particular for preventing (further) damages. Therewith due diligence duties get a general sense in the range of a civil law for environmental liability. The responsible holder of a danger zone will therefore influence his way of acting to protect potential victims and the environment. The burden of proof is on the plaintiff (victims) under the Civil Code. Victims have specific sources of danger including high endangering special facilities in their argumentation with the so-called prima-facie-proof or first-appearance-proof. A turning back of the presentation of evidence to the polluter is wrong. The polluter himself has a continuing liability for dangerous activities and his clerks in the case of an extremely high danger of damage. All due diligence duties can be arranged in three areas: in information-, danger-avoidance- and danger-prevention-duties. The determination of range and essence of the duties has to be adjusted to each individual case. The range of the specific danger area is the essential link. The intensity of due diligence duties is increasing with the size of danger in the way of a movable system depending on the protected interest. Due diligence duties have to be kept within reasonable limits with two criterions: necessarity and demand. Proportionality of actions is a third criterion to avoid exaggeration of due diligence duties to obtain an effective protection for victims including the environment. (author)

  15. Approaching Environmental Cleanup Costs Liability Through Insurance Principles

    National Research Council Canada - National Science Library

    Corbin, Michael A

    1994-01-01

    .... Applying insurance industry principles to environmental cleanup costs liability will provide a firm foundation to reduce the risk of loss to the taxpayer, reduce cleanup costs, and stimulate private...

  16. Environmental pollution liability insurance in China: compulsory or voluntary?

    NARCIS (Netherlands)

    Feng, Y.; Mol, A.P.J.; Lu, Y.L.; He, G.Z.; Koppen, van C.S.A.

    2014-01-01

    China started the trial application of Environmental Pollution Liability Insurance in 2008, as part of a wider development of using market actors and market mechanisms in mitigating environmental pollution. Around the world and in China two main patterns of local pollution insurance practices can be

  17. Environmental Guidance Program Reference Book: Comprehensive Environmentally Response, Compensation, and Liability Act

    Energy Technology Data Exchange (ETDEWEB)

    1991-12-31

    This Reference Book contains a current copy of the Comprehensive Environmental Response Compensation, and Liability Act and those regulations that implement the statute and appear to be most relevant to Department of Energy (DOE) activities. The document is provided to DOE and contractor staff for informational purposes only and should not be interpreted as legal guidance. Updates that include important new requirements will be provided periodically. Questions concerning this Reference Book may be directed to Mark Petts, EH-231 (FTS 896-2609 or Commercial 202/586-2609).

  18. Ranking environmental liabilities at a petroleum refinery

    International Nuclear Information System (INIS)

    Lupo, M.

    1995-01-01

    A new computer model is available to allow the management of a petroleum refinery to prioritize environmental action and construct a holistic approach to remediation. A large refinery may have numerous solid waste management units regulated by the Resource Conservation and Recovery Act (RCRA), as well as process units that emit hazardous chemicals into the environment. These sources can impact several environmental media, potentially including the air, the soil, the groundwater, the unsaturated zone water, and surface water. The number of chemicals of concern may be large. The new model is able to rank the sources by considering the impact of each chemical in each medium from each source in terms of concentration, release rate, and a weighted index based on toxicity. In addition to environmental impact, the sources can be ranked in three other ways: (1) by cost to remediate, (2) by environmental risk reduction caused by the remediation in terms of the decreases in release rate, concentration, and weighted index, and (3) by cost-benefit, which is the environmental risk reduction for each source divided by the cost of the remedy. Ranking each unit in the refinery allows management to use its limited environmental resources in a pro-active strategic manner that produces long-term results, rather than in reactive, narrowly focused, costly, regulatory-driven campaigns that produce only short-term results

  19. Securitization product design for China's environmental pollution liability insurance.

    Science.gov (United States)

    Pu, Chengyi; Addai, Bismark; Pan, Xiaojun; Bo, Pangtuo

    2017-02-01

    The environmental catastrophic accidents in China over the last three decades have triggered implementation of myriad policies by the government to help abate environmental pollution in the country. Consequently, research into environmental pollution liability insurance and how that can stimulate economic growth and the development of financial market in China is worthwhile. This study attempts to design a financial derivative for China's environmental pollution liability insurance to offer strong financial support for significant compensation towards potential catastrophic environmental loss exposures, especially losses from the chemical industry. Assuming the risk-free interest rate is 4%, the market portfolio expected return is 12%; the financial asset beta coefficient is 0.5, by using the capital asset pricing model (CAPM) and cash flow analysis; the principal risk bond yields 9.4%, single-period and two-period prices are 103.85 and 111.58, respectively; the principal partial-risk bond yields 10.09%, single-period and two-period prices are 103.85 and 111.58, respectively; and the principal risk-free bond yields 8.94%, single-period and two-period prices are 107.99 and 115.83, respectively. This loss exposure transfer framework transfers the catastrophic risks of environmental pollution from the traditional insurance and reinsurance markets to the capital market. This strengthens the underwriting capacity of environmental pollution liability insurance companies, mitigates the compensation risks of insurers and reinsurers, and provides a new channel to transfer the risks of environmental pollution.

  20. The Possibility of Deduction of Environmental Liabilities in Expropriation for Each Breach of Environmental Rural Property

    Directory of Open Access Journals (Sweden)

    Ricardo Nasser Sefer

    2016-10-01

    Full Text Available This study aims to address the deductibility of environmental liability indemnification of quantum measured in the expropriation of rural property that failed to fulfill its environmental function. The Federal Constitution of 1988, provided for the possibility to expropriate rural property that failed to comply with its social and environmental role. On the subject, the Federal Regional Court of the 1st Region does not signed a single position on this opportunity to deduct the environmental liability, generating as a result, legal uncertainty for landowners and the community itself, being the Institute of Colonization and Agrarian Reform - INCRA the correct deduction.

  1. Economic consequences of the German environmental liability act: Capital market response for the chemical industry

    OpenAIRE

    Bartsch, Elga

    1997-01-01

    The Environmental Liability Act (Umwelthaftungsgesetz) enacted January 1, 1991 is claimed to have substantially tightened the environmental liability regime in Germany. The economic consequences of the amendment of the German environmental liability legislation initiated by the Sandoz accident are investigated for a portfolio of firms in the chemical industry. By means of an event study it is determined whether the UmweltHG has led to a revision of expectations regarding the profitability of ...

  2. Strict Liability Versus Policy and Regulation for Environmental Protection and Agricultural Waste Management in Malaysia

    Directory of Open Access Journals (Sweden)

    Mohd Bakri Ishak

    2010-01-01

    Full Text Available Basically, strict liability is part of the mechanism for expressing judgment or sentence by using direct evidence. This principle is very useful in order to obtain remedies from any damage either directly or indirectly. The principle in Rylands v Fletcher is responsible on imposing strict liability where if something brought onto land or collected there escapes liability under this rule can include not only the owner of land but also those who control or occupation on it. However, as a matter of fact, policy and regulation are also important in taking any action against any party who are responsible for environmental pollution or damage, which may include mismanagement of waste or industrial waste or agricultural waste. There are certain policies and regulations on environmental protection such as the National Environmental Policy, certain Acts and several regulations under the Environmental Quality Act 1974 (Act 127, which are very useful for agricultural waste management inter alia: Waters Act 1920 (Act 418, Environmental Quality (Prescribed Premises (Crude Palm Oil Regulations 1977, Environmental Quality (Prescribed Premises (Raw Natural Rubber Regulations 1978, Environmental Quality (Sewage and Industrial Effluents Regulations 1979, and Environmental Quality (Compounding of Offences Rules 1978. As a matter of fact, we should realize that time is of an essence for any parties which are involved in court cases and especially in avoiding the element of externality, which is commonly suffered by the government. In making this paper, therefore, some element of comparison with certain developed jurisdiction such as in the United Kingdom and Japan could not be avoided in order to obtain better outcome and to be more practical for the purpose of environmental protection and agricultural waste management.

  3. Financial considerations regarding environmental liabilities: Acquisitions and divestitures

    International Nuclear Information System (INIS)

    Hanson, B.R.

    1990-01-01

    What position should your company assume in the mining industry? Should your company take a larger or smaller market position? Does it make sense to be acquiring or divesting properties? Should your company be pursuing acquisitions and divestitures simultaneously? The answers to these questions determine in large part what perspective your company will take in assessing and confronting risk of environmental liabilities. From the environmental perspective, serious problems confront the mining industry. Uninformed or misinformed regulators doing a poor job of open-quotes protectingclose quotes the environment continue to plague mining companies at the federal, state and local level. The press and public are routinely ill-informed and often hostile toward mining generally and toward specific projects. The open-quotes not-in-my-backyardclose quotes syndrome continues to haunt projects because every ore-rich plot of land lies in someone's backyard or playground. More profoundly, the industry confronts serious structural impediments caused by media-specific statutes and regulations written with an overriding preference for waste elimination or reduction. Mining and mineral production impact all media and result in an highly integrated project. Despite media-specific statutes and regulations that prefer wastes go anywhere but in their particular media, mine wastes must go somewhere. To its credit, the mining industry has persevered in the face of complex and often conflicting environmental statutes and regulations. The industry has continued to expand or contract in response to market conditions. Companies must continue to pursue acquisitions and divestitures based on their position and goals. This paper addresses financial risks in acquisitions and divestitures and, more importantly, suggests strategies to limit environmental liabilities during acquisitions and divestitures

  4. Environmental liability guideline, the environmental damage law, execution and implementation deficiencies. A study on the structural execution suitability; Die Umwelthaftungsrichtlinie, das Umweltschadensgesetz, Vollzugs- und Implementationsdefizite. Eine Untersuchung zur strukturellen Vollzugseignung

    Energy Technology Data Exchange (ETDEWEB)

    Holz, Julia-Carolina

    2017-07-01

    Is there an effective liability for environmental damage? The sinking of the tanker ''Exxon Valdez'' has brought about an innovation in US environmental law. The dying of large areas of great forest and the Sandoz case have inspired thought in Germany. Who is responsible for the damages already incurred? How are damages to be replaced? Can environmental damage be quantified? For the replacement of damages, legal liability systems have been created, which are primarily of civil law, the compensation of damages between two private parties. In Germany there is a public liability system, which places the party ''generality'' against the operator of plants as an opponent and demands compensation, restoration of natural species and habitats, water bodies and soils. In 2004, the Directive on environmental liability with regard to the prevention and remedying of environmental damage (the Environmental Liability Directive or UHRL), was adopted. In Germany, the appropriate implementation took place in 2007 with the Environmental Damages Act (USchadG). A comparison with US environmental legislation and an overview of the implementation of the Environmental Liability Directive in the Member States completes the study. Julia-Carolina Holz gives a detailed look at the fundamentals and research status of enforcement deficits and examines the enforcement of the Environmental Liability Directive as well as the Environmental Damages Act.

  5. Comparative analysis of international environmental liability arising from maritime accident

    Energy Technology Data Exchange (ETDEWEB)

    Pereira, Luciana Vianna; Victorio, Glaucia Lima [Trench, Rossi e Watanabe Advogados, Rio de Janeiro, RJ (Brazil)

    2012-07-01

    The oil industry is dynamic and global, being performed worldwide and by investors from several countries. In this sense, it is essential for investors to be informed of the legal frameworks in target countries and the differences between the legislation in those countries and their own legal systems. In this article, we will analyze the main differences on the environmental liability in Brazil, which is, currently, one of the most attractive markets in the oil and gas industry, the United States of America (US), the largest consumer of oil and the third producer around the world; and the European Union (EU) which concentrates the second largest global consumer, besides being the main player in the international and diplomatic relationships. Thus, the present paper, without the intent to exhaust the subject matter, aims at presenting comparisons between the legal environment of the three main players in the international oil and gas scenario, specifying not only the legal aspects of each of them, but also outlining the economic impacts generated over business investors from the oil industry, determining that although the differences in the basis of legal framework, all players have presented the liability and the duty to compensate. (author)

  6. Bases for an environmental liability management system: application to a repository for radioactive waste

    International Nuclear Information System (INIS)

    Tostes, Marcelo Mallat

    1999-03-01

    This thesis aims the establishment of conceptual bases for the development of Environmental Liability Management System - instruments designed to provide financial and managerial coverage to financial liabilities arising from activities that impact the environment. The document analyses the theories that link the evolution of economic thought and environment, as a means of establish the necessary framework for the development of up-to-date environmental policy instruments. From these concepts and from the analysis of environmental liability system being implemented in several countries, the bases for environmental liability systems development are drawn. Finally, a study is carried out on the application of these bases for the development of an environmental liability management system for a radioactive waste repository. (author)

  7. Environmental liability for receivers, trustees and others in the petroleum industry

    International Nuclear Information System (INIS)

    Pawluck, B.K.

    1999-01-01

    A practical review is made of issues that a secured creditor, receiver, trustee, or other third party may encounter, and it is not intended to give a legal opinion or interpretation of the law. The scope of the treatment is the environmental liability under the appropriate Federal and Alberta legislation. No other issue in recent years has occasioned such concern amongst receivers, trustees, and other third parties and their appointed representatives than the risk of being held liable for environmental damage. Given the risk of being personally liable, these people are reluctant to take possession of potentially hazardous assets and, in some instances, have chosen to walk away. Strategies are addressed that interested parties may utilize, and a review is included of the relevant legislation and case law which relates directly to trustees and others with respect to environmental liability. It is evident that while the Bankruptcy and Insolvency Act is untested as yet, it provides that notwithstanding a ny federal and provincial law, a trustee is not personally liable for any environmental condition that arose before the trustee's appointment or after the trustee's appointment, unless the damage occurred as a result of gross negligence or willful misconduct. Claims for environmental damage have a superior priority. Hence the risk for all interested parties may be substantial, and accordingly, due diligence should be exercised when thinking of dealing with sensitive environmental issues. 5 refs

  8. Risk management and liability for environmental harm caused by ...

    African Journals Online (AJOL)

    This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for ...

  9. Environmental liability demanded to a sewage works; Responsabilidad medioambiental exigida a una EDAR

    Energy Technology Data Exchange (ETDEWEB)

    Taure Mendez, J. M.; Rodriguez Escobar, R.

    2009-07-01

    The law 26/2007 of environmental liability determines a series of obligations. These ones are particularly relevant for that economical or professional activities with a bigger pollution potential. It will be applied to sewage works the new environmental liability system on its stricter form, since the activity developed is included inside Attachment III of the law 26/2007. this article studies the key concepts of the law, like environmental damages, operator, economic or professional activities, objective and unlimited liability, the measures of prevention, avoidance and repair, the compulsory constitution of financial guarantees and the determination of its amount. (Author) 8 refs.

  10. Remediation of old environmental liabilities in the Nuclear Research Institute Rez plc

    International Nuclear Information System (INIS)

    Svoboda, Karel; Podlaha, Josef

    2011-01-01

    The Nuclear Research Institute Rez plc (NRI) after 55 years of activities in the nuclear field produced some environmental liabilities that shall be remedied. There are three areas of remediation: (1) decommissioning of old obsolete facilities (e.g. decay tanks, RAW treatment technology, special sewage system), (2) processing of RAW from operation and dismantling of nuclear facilities, and (3) elimination of spent fuel from research nuclear reactors operated by the NRI. The goal is to remedy the environmental liabilities and eliminate the potential negative impact on the environment. Remediation of the environmental liabilities started in 2003 and will be finished in 2014. The character of the environmental liabilities is very specific and requires special remediation procedures. Special technologies are being developed with assistance of external subcontractors. The NRI has gained many experiences in the field of RAW management and decommissioning of nuclear facilities and will use its facilities, experienced staff and all relevant data needed for the successful realization of the remediation. The most significant items of environmental liabilities are described in the paper together with information about the history, the current state, the progress, and the future activities in the field of remediation of environmental liabilities in the NRI. (author)

  11. FEATURES OF ACCOUNTING ORGANIZATION OF LIABILITIES FOR TAXES AND DUTIES UNDER CIRCUMSTANCES OF ENVIRONMENTAL POLICY IMPLEMENTATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    T. Murovana

    2013-05-01

    Full Text Available The main problems of accounting organization of liabilities for taxes and duties under current complicated economic and environmental conditions were investigated. Measures for improving tax calculation reflecting, environmental tax and other environmental liabilities in accounting, tax and financial reporting in order to simplify the accounting process, improve organization of business activities, ensure implementation of environmental policy balance were developed.

  12. 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.

  13. Environmental Pollution Liability Insurance in China: In Need of Strong Government Backing

    NARCIS (Netherlands)

    Feng, Y.; Mol, A.P.J.; Lu, Y.; He, G.; Koppen, van C.S.A.

    2014-01-01

    Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies

  14. The common denominator of the Trafigura Case, Foreign Direct Liability Cases and the Rome II Regulation

    NARCIS (Netherlands)

    Enneking, L.F.H.

    2008-01-01

    As part of a current trend towards so-called ‘foreign direct liability cases’, attempts are being made to hold parent companies of multinational corporations liable in their home countries for damage caused in host countries. This trend, of which the Trafi gura case serves as a recent example here,

  15. The Role of Environmental Civil Liability in Regulation of Marine Oil Pollution in Norway

    OpenAIRE

    Denissova, Ekaterina

    2008-01-01

    Awareness of domestic and international environmental issues has long been high in Norway. As far as marine oil pollution is concerned, Norway is exposed to coastal water pollution arising from such strategically important sectors as the petroleum industry and oil transportation. This paper is an attempt to make a positive economic analysis of environmental civil liability for marine oil pollution in these two sectors. In the theoretical part of this paper (section 2) the standard model o...

  16. Societas Unius Personae – Proposal for a Directive on Single-Member Private Limited Liability Companies

    Directory of Open Access Journals (Sweden)

    Dionis Jurić

    2015-01-01

    Full Text Available In 2014 European Commission composed Proposal for a Directive of the European Parliament and of the Council on single-member private limited liability companies. The Proposal introduced Societas Unius Personae (SUP. It is variety of the single-member private limited liability company. The SUP is not a new supranational form of company. Member States shall ensure direct on-line registration for incorporation of the SUP with the compulsory use of the templates of Articles of Association and application for registration. The Proposal prescribes minimum capital requirement equivalent to one euro with the introduction of balance sheet test and solvency statement to protect creditors. The aim is removal of the barriers that exist in the national laws of the Member States in the establishment of subsidiaries in order to initiate cross-border business activities of small and medium enterprises.

  17. 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

  18. Impact of standards and certification on environmental impairment liability insurance programs

    International Nuclear Information System (INIS)

    Gulledge, W.P.

    1993-01-01

    Environmental impairment liability (EIL) insurance is available for petroleum storage tank and other environmental exposures. Recent standards and performance criteria for leak detection for underground storage tanks (USTs) and other technical standards for USTs have been both a benefit and an interference to risk-based underwriting of storage tank EIL insurance programs. Insurance underwriters and state financial responsibility program administrators are confronted with confusing information to manage these environmental risks. Standards and certification are also key issues for site assessment programs. Recent activities from ASTM and the Institute for Environmental Auditing (IEA) have addressed the need to increase the professional stature of site assessments and environmental management. Reaction and acceptance of these efforts by the users have been mixed. Ultimately, these efforts will greatly impact insurance coverage for environmental risks

  19. Nuclear liability interest in population and environmental exposures from the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Piccolo, R.G.

    1988-01-01

    The potential for costly nuclear liability claims is often a hidden dimension to the operation of a nuclear power plant. There are two predominant modes for this to occur: either from on-site exposures to plant workers and alleged bodily injury; or from the release of plant effluents to the environment and alleged property damage and bodily injury. ANI/MAELU recently received 2 multi-million dollar nuclear liability claims alleging environmental damage caused by the routine release of radioactive effluents from nuclear facilities. In both cases, the release of radionuclides appeared to be within appropriate regulations. Two important goals of the regulations are to monitor releases and to ensure that releases are within limits intended to protect the public. While, in fact radionuclide releases are normally within regulatory limits, this does not address the growing perception that radiation at any level is harmful. ANI/MAELU is concerned because this perception impacts the possibility of tort litigation. ANI/MAELU conducted a partial review of the nuclear industry environmental monitoring programs. One general conclusion of this effort is that the industry is adequately monitoring environmental releases, thereby protecting the public. They have also generally concluded that the industry is not well poised to protect itself from some of the consequences of potential liability claims alleging property damage or bodily injury from radiation released to the environment. ANI/MAELU Bulletin 86-1, Environmental Monitoring Programs was issued in February of 1986 addressing this concern. The Bulletin identifies five areas where improvements can be made in environmental monitoring programs to reduce the potential for litigation

  20. 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

  1. Environmental liability and contaminated site management : a strategic approach for Saskatchewan

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-12-31

    The issue of how much liability can be imposed on a party for remediating a contaminated site is discussed. Many jurisdictions have either passed legislation or implemented policies on environmental liability consistent with the 1993 framework outlined by the Canadian Council of Ministers of the Environment (CCME). In 1997, the Minister of Saskatchewan Environment and Resource Management (SERM) received a report from the Minister`s Contaminated Site Liability Advisory Group (CSLAG) which made a series of recommendations on the application of CCME principles in a Saskatchewan context. This document clarifies SERM`s approach to the management of contaminated sites in Saskatchewan and proposes a process model in accordance with the principles outlined by CCME and CSLAG to provide a workable system for determining which remedial measures are appropriate for specific contaminated sites. The report also identifies the parties responsible for implementing remedial measures and encourages them to negotiate the sharing of responsibility for the remediation among themselves. The treatment of orphan shares/sites is also discussed. 1 fig.

  2. Economic valuation of environmental liabilities and disclosure in the financial statements

    International Nuclear Information System (INIS)

    Kosola, M.; Niskala, M.

    2000-01-01

    The objective of this study is to examine procedures the enterprises follow when they have to make provisions for future costs in the clean up of contaminated land. It is not especially easy for an enterprise to make a provision for clean up of contaminated land in its financial statement. Because of research and planning activities and authority procedures the purification measures may be implemented after a long time. In the Study, an up-to-date subject has been dealt with: how to recognize liabilities to clean up contaminated land and how to evaluate and deal with them in the annual accounts. Environmental provisions has been examined by enterprise interviews and with other material. It is probable that the future clean up costs of contaminated land will rise up to several bit/ions of Finnish marks. The enterprises have not vet, however, included these expenditures into their annual accounts. One of the reasons for this is that the guidelines concerning recognition, measurement and disclosure of environmental liabilities in the financial statements are under development. Thus, it would be very important to promote the enterprises' and authorities' awareness of their environmental response. This can be done by research and training, and by publishing written guidelines. (orig.)

  3. Seeking coherence among environmental directives

    NARCIS (Netherlands)

    Beijen, Barbara

    2014-01-01

    European environmental law consists of a large number of directives and regulations dealing with environmental domains such as air, water, or waste, or with issues such as greenhouse gases, chemicals or industrial emissions. These directives and regulations do not form a comprehensive system of

  4. Environmental liability and life-cycle management of used lubricating oils.

    Science.gov (United States)

    Guerin, Turlough F

    2008-12-30

    Used oil handling, as a business, requires an extensive understanding by management that environmental liabilities exist through its supply chain. Findings from a review of the legal requirements of operating a used oil handling business were: understanding the transfer of ownership of used petroleum hydrocarbons is critical to any such business and how this is documented; used oil handlers are responsible for providing training to their staff, including site personnel and any third party waste contractors, and for communicating best practice procedures relating to the management of used petroleum hydrocarbons to all those individuals and organisations involved in business relationships that the used oil handling companies have; used oil handlers should audit the performance of any third party contractors that it engages to conduct work on behalf of its customers. Hypothetical situations of a company planning to enter the used oil handling market are described in relation to petroleum hydrocarbon wastes it handles to illustrate the range of potential liabilities. Companies proposing to establish a used oil handling business should ensure that they provide accurate advice to its employees, its customer's employees and to its third party contractors, all of which may be responsible for handling used petroleum hydrocarbons as part of the service it intends to provide, and that it has a well documented system addressing how environmental issues are managed.

  5. Economic valuation of environmental liabilities, case report: liabilities from Cicuco-Boquete oil field, Mompos-Colombia

    International Nuclear Information System (INIS)

    Moreno G Jaime Alberto; Ussa G Jaime Eddy

    2008-01-01

    Environmental management demands the incorporation of economic tools to make decisions. One crucial aspect is to establish the compensation values demandable under parameters of acceptable rationality considering at the same time the systemic and complexicity theory of ecosystemic relationships and transmission of impacts, where the definition of environmental passive is configured. This study intended to establish the value of the damage caused in time to human populations established in the influence area of the Cicuco-Boquete oil extraction field, located in Mompos island, department of Bolivar, Colombia. The research included developing and applying a methodology to appraise the value of damages derived from oil extraction activities on the fish production potential on the nearby area. Environmental changes on hidric resources directly impacted the area's fishing potential; consequently, there was an irreversible diminishing on the main productive activity of the regions inhabitants. The study was carried out from May to December 1999 by request of the Procuraduria Delegada para Asuntos Agrarios y Ambientales and the municipalities of Talaiga Nuevo and Cicuco in Bolivar's Department, with the participation of the Departamento Nacional de Planeacion -DNP- and the Contraloria General de la Republica - CGR.

  6. Establishment of radioactive source retirement mechanism based on the method of environmental liability insurance

    International Nuclear Information System (INIS)

    Wang Hongwei

    2013-01-01

    The retirement of radioactive source is a difficult problem that we are facing during the radiation safety regulation in China. This paper analyses the reason of the problem regarding the retirement of radioactive source both from the utilization units and the regulatory body. It is considered that the basic reason is the enterprises don't arrange and use the retirement funds reasonably, which is an economic problem. There exists a limitation when facing the radioactive source retirement in light of licensing and regulation mechanism of the manufacture, selling, uses of radioactive sources in China, and the key to solve this economic problem is to introduce economic method, Some measures and suggestions are given to establish radioactive sources retirement mechanism by using economic methods, based on the comprehensive analysis of the concept, development and function of the environmental liability insurance. (author)

  7. Capacity analysis of amortization of energy and environmental liabilities photovoltaic panels

    International Nuclear Information System (INIS)

    Tiago Filho, Geraldo Lucio; Adriano Rosa, Carlos

    2011-01-01

    The claim that the use of solar energy through photovoltaic (PV) panels is a clean energy source is based, in most cases, considering only the generation of electricity by the group after manufacture and installation. Without considering the process of manufacture, neither more nor less CO2 emissions are produced, and other degradation environment, which vary according to the country's energy matrix in which these activities develop. This article uses analysis tools to study the impacts of life cycle environment that have passed since the exploitation of mineral deposits used in the manufacture of major components for the manufacture of the panel. In this study adds to quantify the emissions of various gases, emitted in the manufacturing process of photovoltaic modules, expressed in equivalent tons of CO2, resulting from the process and depending on the country in which the panel is manufactured and the depreciation of environmental liabilities, to allow life determination (author)

  8. Multi-Directional Environmental Sensors

    Science.gov (United States)

    Manohara, Harish (Inventor); Del Castillo, Linda Y. (Inventor); Mojarradi, Mohammed M. (Inventor)

    2016-01-01

    Systems and methods in accordance with embodiments of the invention implement multi-directional environmental sensors. In one embodiment, a multi-directional environmental sensor includes: an inner conductive element that is substantially symmetrical about three orthogonal planes; an outer conductive element that is substantially symmetrical about three orthogonal planes; and a device that measures the electrical characteristics of the multi-directional environmental sensor, the device having a first terminal and a second terminal; where the inner conductive element is substantially enclosed within the outer conductive element; where the inner conductive element is electrically coupled to the first terminal of the device; and where the outer conductive element is electrically coupled to the second terminal of the device.

  9. Environmental Social Stress, Paranoia and Psychosis Liability: A Virtual Reality Study.

    Science.gov (United States)

    Veling, Wim; Pot-Kolder, Roos; Counotte, Jacqueline; van Os, Jim; van der Gaag, Mark

    2016-11-01

    The impact of social environments on mental states is difficult to assess, limiting the understanding of which aspects of the social environment contribute to the onset of psychotic symptoms and how individual characteristics moderate this outcome. This study aimed to test sensitivity to environmental social stress as a mechanism of psychosis using Virtual Reality (VR) experiments. Fifty-five patients with recent onset psychotic disorder, 20 patients at ultra high risk for psychosis, 42 siblings of patients with psychosis, and 53 controls walked 5 times in a virtual bar with different levels of environmental social stress. Virtual social stressors were population density, ethnic density and hostility. Paranoia about virtual humans and subjective distress in response to virtual social stress exposures were measured with State Social Paranoia Scale (SSPS) and self-rated momentary subjective distress (SUD), respectively. Pre-existing (subclinical) symptoms were assessed with the Community Assessment of Psychic Experiences (CAPE), Green Paranoid Thoughts Scale (GPTS) and the Social Interaction Anxiety Scale (SIAS). Paranoia and subjective distress increased with degree of social stress in the environment. Psychosis liability and pre-existing symptoms, in particular negative affect, positively impacted the level of paranoia and distress in response to social stress. These results provide experimental evidence that heightened sensitivity to environmental social stress may play an important role in the onset and course of psychosis. © The Author 2016. Published by Oxford University Press on behalf of the Maryland Psychiatric Research Center. All rights reserved. For permissions, please email: journals.permissions@oup.com.

  10. Advancing Transnational Corporations Overseas : The Impact of Mandatory Non-Financial Reporting on Foreign Direct Liability Claims before European National Courts

    NARCIS (Netherlands)

    Silvia Barlassina

    2017-01-01

    This paper addresses the extraterritorial dimension of transnational corporations, focusing on the corporate accountability-deficit that characterizes the current International legal framework. The analysis looks at parent companies’ civil liability for environmental harm caused abroad. By

  11. Responsabilidade civil do Estado por omissão estatal Civil liability of the State for environmental neglect

    Directory of Open Access Journals (Sweden)

    Haide Maria Hupffer

    2012-06-01

    Full Text Available Constituição Federal de 1988 é um divisor de águas ao assumir-se como Constituição Ambiental, provocando uma ruptura em relação ao conceito de responsabilidade civil. Partindo de uma abordagem qualitativa, dialética e jurisprudencial, este artigo analisa o Princípio Responsabilidade desenvolvido por hans jonas e realiza um diálogo com o instituto da responsabilidade civil ambiental, identificando, com apoio na legislação constitucional e infraconstitucional, as controvérsias doutrinárias acerca da natureza da responsabilidade estatal (objetiva ou subjetiva frente a casos de omissão da administração pública e à ocorrência de dano ambiental. Conclui-se que o Superior Tribunal de Justiça assume uma dimensão mais alargada do conceito de responsabilidade civil do Estado, demonstrando uma tendência pela responsabilidade civil objetiva com base no risco. Assim, o Brasil, salvo algumas divergências doutrinárias, adota a responsabilidade civil objetiva do Estado pela teoria do risco administrativo alicerçada no ato ilícito e na aceitação do risco.The Federal Constitution of 1988 is a 'water divisor' since it assumes the role of Environmental Constitution, causing a rapture of the concept of civil liability. Starting from a qualitative, dialectical and jurisprudential approach, this article analyzes the Principle of Liability according to Hans Jonas in order to dialogue with the Institute of Civil Environmental Liability, identifying, with the support of the constitutional and infraconstitutional legislation, the doctrinary controversies about the nature of state liability (objective or subjective towards cases of neglect by the public administration and the event of environmental damage. It is possible to conclude that the Higher Court of Justice assumes a larger dimension of the civil liability of the State, thus showing the tendency towards the objective civil liability based on the risk. Therefore, Brazil, regarded some

  12. Development and use of innovative approaches to waste management and environmental restoration: Potential liability and its implications

    Energy Technology Data Exchange (ETDEWEB)

    Owens, W.L.

    1990-12-01

    The US Department of Energy (DOE) has established as its goal to have all of its facilities cleaned up and in compliance with all applicable environmental laws by the year 2019. As part of its plan to achieve that goal, DOE created, in November 1989, an Office of Environmental Restoration and Waste Management (EM) and, within EM, an Office of Technology Development (OTD). Since the achievement of DOE's long-term objective in the area of waste management and environmental restoration is not possible utilizing only existing technology, the importance of OTD's mission is clear. A question has been raised regarding the nature of the potential liability associated with development, testing, and use of new technologies for waste management and environmental restoration; and the impact it may have on the ability or willingness of other parties to participate in DOE's technology development program. This report is intended to provide at least a preliminary answer to the question. Given the range of activities involved in the technology development process, there are many circumstances that could result in liability. Therefore, the discussion here is somewhat general. It may, however, provide a base for more detailed analysis, at a later time, of liability issues raised by specific circumstances.

  13. Development and use of innovative approaches to waste management and environmental restoration: Potential liability and its implications

    Energy Technology Data Exchange (ETDEWEB)

    Owens, W.L.

    1990-12-01

    The US Department of Energy (DOE) has established as its goal to have all of its facilities cleaned up and in compliance with all applicable environmental laws by the year 2019. As part of its plan to achieve that goal, DOE created, in November 1989, an Office of Environmental Restoration and Waste Management (EM) and, within EM, an Office of Technology Development (OTD). Since the achievement of DOE`s long-term objective in the area of waste management and environmental restoration is not possible utilizing only existing technology, the importance of OTD`s mission is clear. A question has been raised regarding the nature of the potential liability associated with development, testing, and use of new technologies for waste management and environmental restoration; and the impact it may have on the ability or willingness of other parties to participate in DOE`s technology development program. This report is intended to provide at least a preliminary answer to the question. Given the range of activities involved in the technology development process, there are many circumstances that could result in liability. Therefore, the discussion here is somewhat general. It may, however, provide a base for more detailed analysis, at a later time, of liability issues raised by specific circumstances.

  14. The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case

    Directory of Open Access Journals (Sweden)

    Liesbeth Enneking

    2014-01-01

    Full Text Available In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC. The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a number of oil-spill incidents from SPDC-operated pipelines in the Nigerian Niger Delta. Although the majority of the claims were dismissed, the district court in its ruling did grant one claim that related to spills from an abandoned wellhead, ordering SPDC to pay compensation for the resulting loss. This judgment has international relevance, as this Dutch Shell Nigeria case forms part of a worldwide trend towards foreign direct liability cases. Growing numbers of similar lawsuits have been brought before the courts in other Western societies, but judgments on the merits have so far remained scarce. The relevance of the case has further increased with the US Supreme Court’s April 2013 ruling in the case of Kiobel v. Royal Dutch Petroleum Co., which has significantly limited the scope of the Alien Tort Statute. This article explores The Hague District Court’s decision in the Dutch Shell Nigeria case, and places the case within the socio-legal context of the contemporary trend towards foreign direct liability cases, the international debates on corporate accountability and business & human rights, and the Supreme Court's judgment in the Kiobel case.

  15. The future of foreign direct liability? Exploring the international relevance of the Dutch Shell Nigeria case

    NARCIS (Netherlands)

    Enneking, Liesbeth; Sub Burgelijk Recht; UCALL / Aansprakelijkheid en verantwoordelijkheid

    2014-01-01

    In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a

  16. The future of foreign direct liability? : Exploring the international relevance of the Dutch Shell Nigeria case

    NARCIS (Netherlands)

    Enneking, Liesbeth

    2014-01-01

    In January 2013, the The Hague district court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to

  17. Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act Section 120(e)(5)

    International Nuclear Information System (INIS)

    1992-05-01

    The US Department of Energy (DOE) is committed to conducting its operations. In a safe and environmentally sound manner. High priorities for the Department are identifying and correcting environmental problems at DOE facilities that resulted from past operations, and preventing environmental problems from occurring during present and future operations. In this regard, the Department is committed to the 30-year goal of cleanup of all facilities by the year 2019. DOE has issued an Order and guidance establishing policy and procedures for activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA), and has developed a Five-Year Plan, updated annually, that integrates planing for corrective activities, environmental restoration, and waste management operations at its facilities. During Calendar Year 1991 and early 1992, DOE made significant progress in reaching agreements with regulatory entities, undertaking cleanup actions, and initiating preventive measures designed to eliminate future environmental problems. These accomplishments are described

  18. Reclamation of environmental liabilities at populated area, an environmental legacy with social responsibility

    Energy Technology Data Exchange (ETDEWEB)

    Jaramillo V, Jairo; Benalcazar, Fernando L. [EnCanEcuador S.A., Houston, TX (United States)

    2004-07-01

    The oil industry in Ecuador has had its own history since the first oil well was drilled in the country's Amazon region on February 16th /1967 and the environmental control of the activity has been evolving over the years. But at the same time it has been leaving traces behind at each one of the locations where a road has been opened, a platform has been build or a pipeline has been laid. Consequently the old practice of covering up spillages with a layer of clay or sand are being discovered today and providing evidence of the foot-print that has been caused to the environment. In the heart of the Ecuadorian Amazon region, where settlements were established on top of old crude spillages, such as Aguas Negras and Paraiso in Canton Cuyabeno, EnCanEcuador, in line with its philosophy of social responsibility and commitment to the environment, took on the restoration of these areas. For that purpose it had to reach an agreement with the communities affected and then temporarily dismantle the houses built in these areas and remove all the contaminated soil until they were sure it was free of hydrocarbons, thus ensuring the public health of these villages and the conservation of the environment. The sites, from which contaminated soil was removed, were then filled with clean soil and their houses rebuilt. During this operation it was possible to recover approximately 3,500 cubic meters of contaminated soil at a cost of $175,000. Land removed from the site was transported to our land farming remediation center, where, through a process of degradation with native bacteria from the zone, the bioremediation of the soil was achieved until it reached TPH limits below the levels regulated by government entities from our country. (author)

  19. Genetic and environmental influences on last-year major depression in adulthood: a highly heritable stable liability but strong environmental effects on 1-year prevalence.

    Science.gov (United States)

    Kendler, K S; Gardner, C O

    2017-07-01

    This study seeks to clarify the contribution of temporally stable and occasion-specific genetic and environmental influences on risk for major depression (MD). Our sample was 2153 members of female-female twin pairs from the Virginia Twin Registry. We examined four personal interview waves conducted over an 8-year period with MD in the last year defined by DSM-IV criteria. We fitted a structural equation model to the data using classic Mx. The model included genetic and environmental risk factors for a latent, stable vulnerability to MD and for episodes in each of the four waves. The best-fit model was simple and included genetic and unique environmental influences on the latent liability to MD and unique wave-specific environmental effects. The path from latent liability to MD in the last year was constant over time, moderate in magnitude (+0.65) and weaker than the impact of occasion-specific environmental effects (+0.76). Heritability of the latent stable liability to MD was much higher (78%) than that estimated for last-year MD (32%). Of the total unique environmental influences on MD, 13% reflected enduring consequences of earlier environmental insults, 17% diagnostic error and 70% wave-specific short-lived environmental stressors. Both genetic influences on MD and MD heritability are stable over middle adulthood. However, the largest influence on last-year MD is short-lived environmental effects. As predicted by genetic theory, the heritability of MD is increased substantially by measurement at multiple time points largely through the reduction of the effects of measurement error and short-term environmental risk factors.

  20. Cyber risk and privacy liability: a click in the right direction?

    Science.gov (United States)

    McDonough, William J

    2007-01-01

    Cyber risk and privacy exposure exert an impact upon virtually every aspect of a healthcare organization (HCO)--assets, clinical operations, finances and reputation. Exposure is enterprise-wide and includes risk to both physical and non-physical assets in increasing degrees. The consequences of a cyber attack or privacy breach could be operationally and financially catastrophic, so an HCO's move toward an enterprise-wide approach at identifying and minimizing risk, cyber and privacy liability should be on the radar screen for risk managers and leadership.

  1. Remediation of the old environmental liabilities in the Nuclear Research Institute Rez. Situation at the end of 2008

    Energy Technology Data Exchange (ETDEWEB)

    Kovarik, Petr; Svoboda, Karel; Podlaha, Josef [Nuclear Research Institute Rez (Czech Republic)

    2010-10-15

    The Nuclear Research Institute Rez (NRI) has been a leading institution in the area of R and D (Research and Development) in the Czech Republic. The NRI has had a dominant position in the nuclear programme of the former Czechoslovakia since it was established in 1955. In December 1992 the NRI has been transformed into a joint-stock company. The Institute's activity encompasses nuclear physics, radiochemistry, experiments at the research reactor and many other topics. Main issues addressed in the NRI in the past decades were concentrated on research, development and services provided to the VVER reactors, development of chemical technologies for fuel cycle and irradiation services. Currently, the research activities are mainly targeted to assist the State Office for Nuclear Safety. Significant attention is also paid to the use of nuclear technology outside the nuclear power sector, providing a wide range of services to industry, medicine and the preparation of radiopharmaceuticals. NRI operates 2 research nuclear reactors, hot cell facility, research laboratories, and technology for radioactive waste management, radionuclide irradiators, an electron accelerator and others. After 50 years of activities in the nuclear field, there have been many environmental liabilities that are being remedied in the NRI. There are 3 areas of these remediation activities: - decommissioning of old obsolete facilities, - processing of RAW resulting from operation and dismantling of nuclear facilities, and - elimination of spent fuel from research nuclear reactors. The goal is to remedy the environmental liabilities and eliminate the potential negative impact on the environment. Remediation of the environmental liabilities started in 2003 and should be finished in 2014. (orig.)

  2. Future directions for environmental policy

    Energy Technology Data Exchange (ETDEWEB)

    O' Riordan, T

    1984-01-01

    Environmentalism is an elusive concept with many meanings. Its changing character is examined together with an analysis of how it is likely to influence public policy across a broad front. The paper also reviews the major environmental issues which QECD countries are likely to face nationally, regionally and globally over the next twenty years and discusses the type of politics that may emerge within the new environmentalism. The overriding global issue will be the tragic interconnection between poverty and environmental damage in the underdeveloped countries. In the developed but de-industrialising economies of the 'north' greatest attention will be placed on devising means for creating jobs and providing satisfying occupations for people forced out of a job or never in employment. Environmental rehabilitation can create jobs, but it will involve the denial of resources otherwise available to create jobs elsewhere. It will therefore be necessary to consider the 'next job effectiveness' of environmental policies. Another policy area that requires new thinking is the management of environmental hazards, notably how to dispose of toxic wastes in a manner acceptable to a majority of people. Finally serious efforts will have to be made, not only to infuse environmental principles within all policy arenas, but also to ensure that departmental responsibilities and budgets are properly linked. The principle that those who exploit environmental resources should subsidise those who use environmental resources frugally and benignly by means of transfer taxes and payments should also become established. (orig.).

  3. Applicability of Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to releases of radioactive substances

    International Nuclear Information System (INIS)

    Miller, S.R.

    1987-01-01

    The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly called Superfund, provided a $1.6 billion fund (financed by a tax on petrochemical feedstocks and crude oil and by general revenues) for the cleanup of releases of hazardous substances, including source, special nuclear or byproduct material, and other radioactive substances, from mostly inactive facilities. The US Environmental Protection Agency (EPA) is authorized to require private responsible parties to clean up releases of hazardous substances, or EPA, at its option, may undertake the cleanup with monies from the Fund and recover the monies through civil actions brought against responsible parties. CERCLA imposes criminal penalties for noncompliance with its reporting requirements. This paper will overview the key provisions of CERCLA which apply to the cleanup of radioactive materials

  4. Bases for an environmental liability management system: application to a repository for radioactive waste; Bases para um sistema de gerenciamento de responsabilidades ambientais: aplicacao a um repositorio de rejeitos radioativos

    Energy Technology Data Exchange (ETDEWEB)

    Tostes, Marcelo Mallat

    1999-03-15

    This thesis aims the establishment of conceptual bases for the development of Environmental Liability Management System - instruments designed to provide financial and managerial coverage to financial liabilities arising from activities that impact the environment. The document analyses the theories that link the evolution of economic thought and environment, as a means of establish the necessary framework for the development of up-to-date environmental policy instruments. From these concepts and from the analysis of environmental liability system being implemented in several countries, the bases for environmental liability systems development are drawn. Finally, a study is carried out on the application of these bases for the development of an environmental liability management system for a radioactive waste repository. (author)

  5. Environmental mycobacteria – Future directions

    Directory of Open Access Journals (Sweden)

    D E Schraufnagel

    2015-01-01

    An interferon gamma release assay for infection with nontuberculous mycobacteria is desperately needed. Success with tuberculosis was attained by finding bacterial antigens associated with virulence and invasive disease. This may be difficult because the damage caused by environmental mycobacteria tends to be epithelial and subepithelial. The cavities may be bronchiectatic in origin and deeper invasion may result from host reactions. Serologic testing has not yielded important clinical help for diseases caused by either M. tuberculosis or the nontuberculous mycobacteria, possibly because good bacterial or host response proteins have not been identified. This could change with a metabolomics approach. Genomic studies that give incremental gains may set the stage for major breakthroughs, but require coordination with good phenotyping. Tools are in place to open an exciting new era for understanding and control of mycobacteria.

  6. Understanding and managing environmental liability in the Saskatchewan oil and gas industry

    International Nuclear Information System (INIS)

    Andrychuk, L.D.; LeBlanc, L.B.

    1998-01-01

    An overview of Saskatchewan legislative framework regarding the oil and gas industry was presented. In the oil and gas industry, environmental issues are regulated at the provincial level, but the industry must also be aware of federal environmental law when dealing with federal lands, federal financial assistance, interprovincial or international projects or projects which have transboundary environmental effects. In this context, the provisions of the Oil and Gas Conservation Act (OGCA) and the Oil and Gas Conservation Regulations (OGCR), the licensing of oil and gas wells, the acquisition and surrender of surface rights, and the procedures involved in environmental assessment approval were outlined. Emission control, air pollution abatement, the storage and disposal of hazardous materials, environmental issues in property transactions, and corporate environmental management are also subject to regulation under OGCA and OGCR. 42 refs

  7. Application of Clean Water (CWA) Section 404 compensatory wetland mitigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

    International Nuclear Information System (INIS)

    Abbott, D.J.; Straub, C.A.

    1994-01-01

    Pursuant to Section 404 of the Clean Water Act (CWA), activities resulting in the discharge of dredge or fill material into waters of the US, including wetlands, require permit authorization from the US Army Corps of Engineers (ACOE). As part of the Section 404 permitting process, compensatory wetland mitigation in the form of wetland enhancement, restoration, or construction may be required to off-set impacts sustained under a Section 404 permit. Under normal circumstances, compensatory mitigation is a relatively straight forward process; however, issues associated with mitigation become more complex at sites undergoing remediation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), because on-site response/remedial actions involving dredged and fill material are not subject to the formal Section 404 permitting process. These actions are conducted in accordance with the substantive permitting requirements of the ACOE's Nationwide and individual permitting programs. Wetland mitigatory requirements are determined through application of the US Environmental Protection Agency's (USEPA's) 040(b) (1) Guidelines promulgated in 40 CFR Part 230 and are implemented through compliance with substantive permitting requirements during the conduct of response/remedial actions. A programmatic approach for implementing wetland mitigatory requirements is being developed at a former US Department of Energy (DOE) uranium refinery undergoing CERCLA remediation in southwestern Ohio. The approach is designed to define the regulatory mechanism that will be used to integrate CWA driven wetland mitigatory requirements into the CERCLA process

  8. Chemical Safety Alert: First Responders’ Environmental Liability Due To Mass Decontamination Runoff

    Science.gov (United States)

    CERCLA's good Samaritan provisions protect responders such as the Chemical Weapons Improved Response Team during lifesaving actions. Once imminent threats are addressed, responders should contain contamination and avoid/mitigate environmental consequences.

  9. ADHD and the externalizing spectrum: direct comparison of categorical, continuous, and hybrid models of liability in a nationally representative sample.

    Science.gov (United States)

    Carragher, Natacha; Krueger, Robert F; Eaton, Nicholas R; Markon, Kristian E; Keyes, Katherine M; Blanco, Carlos; Saha, Tulshi D; Hasin, Deborah S

    2014-08-01

    Alcohol use disorders, substance use disorders, and antisocial personality disorder share a common externalizing liability, which may also include attention-deficit hyperactivity disorder (ADHD). However, few studies have compared formal quantitative models of externalizing liability, with the aim of delineating the categorical and/or continuous nature of this liability in the community. This study compares categorical, continuous, and hybrid models of externalizing liability. Data were derived from the 2004-2005 National Epidemiologic Survey on Alcohol and Related Conditions (N = 34,653). Seven disorders were modeled: childhood ADHD and lifetime diagnoses of antisocial personality disorder (ASPD), nicotine dependence, alcohol dependence, marijuana dependence, cocaine dependence, and other substance dependence. The continuous latent trait model provided the best fit to the data. Measurement invariance analyses supported the fit of the model across genders, with females displaying a significantly lower probability of experiencing externalizing disorders. Cocaine dependence, marijuana dependence, other substance dependence, alcohol dependence, ASPD, nicotine dependence, and ADHD provided the greatest information, respectively, about the underlying externalizing continuum. Liability to externalizing disorders is continuous and dimensional in severity. The findings have important implications for the organizational structure of externalizing psychopathology in psychiatric nomenclatures.

  10. 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.

  11. Liability Issues

    International Nuclear Information System (INIS)

    O’Donoghue, K.

    2016-01-01

    Nuclear liability conventions try to provide a set of rules to govern third party liability. Not all States are parties to one of the existing liability conventions. There are a number of reasons why individual States may choose not to join one of the existing conventions. These include limits of compensation, jurisdiction issues, complexity, cost and definition of damage among others. This paper looks at the existing conventions and identifies some of the main issues in the existing conventions which prevent some States from signing them. The paper attempts to tease out some of the perceived gaps in the existing conventions and give a brief description of the reasons why non-Contracting Parties have difficulty with the provisions of the conventions. The paper recognizes that there has been work done in this area previously by the International Expert Group on Nuclear Liability (INLEX) and others to try to develop the existing frameworks to enhance global adherence by nuclear and non-nuclear States to an effective nuclear liability regime. (author)

  12. Polluted sites and soils - Management of environmental liabilities; Sites et sols pollues - Gestion des passifs environnementaux

    Energy Technology Data Exchange (ETDEWEB)

    Le Corfec, Y.

    2011-07-01

    This book presents in a synthetic and structured way the essential notions for the understanding of the stakes of polluted sites and soils management. In particular: the regulatory context, the environmental considerations (toxicological constraints, indeterminations), the conditions of environments characterization and cleansing (interventions typology, properties of contaminants (metal trace amounts, organic compounds), decontamination and cleansing logics), and the essential conditions of risk management in an industrial or urban context. (J.S.)

  13. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 104(k); and CERCLA Section 104(d); ‘‘ ‘Discounted Loans’ Under Brownfields Revolving Loan Fund Grants’

    Science.gov (United States)

    Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 104(k); and CERCLA Section 104(d); ‘‘ ‘Discounted Loans’ Under Brownfields Revolving Loan Fund Grants’`

  14. Determination of radiation direction in environmental monitoring

    International Nuclear Information System (INIS)

    Campos, Vicente de Paulo de; Moura, Eduardo S.; Rocha, Felicia D.G.; Manzoli, Jose Eduardo

    2009-01-01

    The assessment of environmental exposure has been performed in Brazil using the thermoluminescence technique at Thermoluminescence Dosimetry Laboratory (LDT), at Nuclear and Energetic Research Institute (IPEN/CNEN-SP). To carry out these measurements, several thermoluminescent dosimeters (TLD's) were used to measure the expose. In this procedure, very few information of direction where the radiation came from is available. A vague supposition about the direction from where the radiation came from could be inferred only by evaluation of multiple dosimeters displaced at entire region of monitoring, but this demand to much effort or sometimes become impractical for certain situations. In this work, a single device is used to provide information about the direction from where the radiation came through. This device is called directional dosimeter (DD). Using more than one DD it is possible to reduce the uncertainty of the measurements and determine the radiation source position. The DD basically consists of a regular solid with high effective atomic number, where one TLD is positioned at each face. The DD allows evaluating the environmental exposure and the direction of the radiation by a simple vector sum. At each face of the DD, it is associated an orthogonal vector, and modulus of this vector represents the correspond exposure measured by the TLD. The direction of the radiation source is the sum of these faces vectors. The prototype used in this work was a lead cube with six TLDs of CaSO 4 :Dy/Teflon. The TLDs have high sensibility and are already used in area, environmental and personal monitoring. The measurements had shown the correct environmental exposure and a good indication of the radiation direction. (author)

  15. Integrating NEPA (National Environmental Policy Act) and CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) requirements during remedial responses at DOE facilities

    Energy Technology Data Exchange (ETDEWEB)

    Levine, M.B.; Smith, E.D.; Sharples, F.E.; Eddlemon, G.K.

    1990-07-01

    US Department of Energy (DOE) Order 5400.4, issued October 6, 1989, calls for integrating the requirements of the National Environmental Policy Act (NEPA) with those of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for DOE remedial actions under CERCLA. CERCLA requires that decisions on site remediation be made through a formal process called a Remedial Investigation/Feasibility Study (RI/FS). According to the DOE order, integration is to be accomplished by conducting the NEPA and CERCLA environmental planning and review procedures concurrently. The primary instrument for integrating the processes is to be the RI/FS process, which will be supplemented as needed to meet the procedural and documentational requirements of NEPA. The final product of the integrated process will be a single, integrated set of documents; namely, an RI report and an FS-EIS that satisfy the requirements of both NEPA and CERCLA. The contents of the report include (1) an overview and comparison of the requirements of the two processes; (2) descriptions of the major tasks included in the integrated RI/FS-EIS process; (3) recommended contents for integrated RI/FS-EIS documents; and (4)a discussion of some potential problems in integrating NEPA and CERCLA that fall outisde the scope of the RI/FS-EIS process, with suggestions for resolving some of these problems. 15 refs.

  16. Integrating NEPA [National Environmental Policy Act] and CERCLA [Comprehensive Environmental Response, Compensation, and Liability Act] requirements during remedial responses at DOE facilities

    International Nuclear Information System (INIS)

    Levine, M.B.; Smith, E.D.; Sharples, F.E.; Eddlemon, G.K.

    1990-07-01

    US Department of Energy (DOE) Order 5400.4, issued October 6, 1989, calls for integrating the requirements of the National Environmental Policy Act (NEPA) with those of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for DOE remedial actions under CERCLA. CERCLA requires that decisions on site remediation be made through a formal process called a Remedial Investigation/Feasibility Study (RI/FS). According to the DOE order, integration is to be accomplished by conducting the NEPA and CERCLA environmental planning and review procedures concurrently. The primary instrument for integrating the processes is to be the RI/FS process, which will be supplemented as needed to meet the procedural and documentational requirements of NEPA. The final product of the integrated process will be a single, integrated set of documents; namely, an RI report and an FS-EIS that satisfy the requirements of both NEPA and CERCLA. The contents of the report include (1) an overview and comparison of the requirements of the two processes; (2) descriptions of the major tasks included in the integrated RI/FS-EIS process; (3) recommended contents for integrated RI/FS-EIS documents; and (4)a discussion of some potential problems in integrating NEPA and CERCLA that fall outisde the scope of the RI/FS-EIS process, with suggestions for resolving some of these problems. 15 refs

  17. Negative liability

    NARCIS (Netherlands)

    Dari-Mattiacci, G.

    2009-01-01

    Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive

  18. Implementation of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Health Authority by the Agency for Toxic Substances and Disease Registry

    International Nuclear Information System (INIS)

    Siegel, M.R.

    1990-01-01

    The Superfund Amendments and Reauthorization Act (SARA) of 1986 greatly expanded the health authority of the Comprehensive Environmental Response, Compensation, and Liability Act. One of the federal agencies most affected by SARA is the Agency for Toxic Substances and Disease Registry (ATSDR) of the U.S. Public Health Service. Among other responsibilities, ATSDR was mandated to conduct health assessments within strict time frames for each site on or proposed for the U.S. Environmental Protection Agency's National Priorities List. The author will review ATSDR's efforts to address this new statutory mandate, especially for federal facilities, and will focus on different conceptual frameworks for implementing the health assessment program

  19. Risk Management And Liability For EnvironmentalL Harm Caused By GMOS – The South African Regulatory Framework

    Directory of Open Access Journals (Sweden)

    L Feris

    2006-05-01

    Full Text Available Biotechnology is still relatively new and as with any new technology, it carries some level of risk. This necessitates appropriate risk assessments and appropriate risk management. One element of risk management however, is taking into account that during the production, development, transport or release of a GMO it may cause injury to person, property or the environment, regardless of risk management procedures. This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for damage to the environment. It discusses the GMO Act as the principle legislation regulation GMOs and also the recent amendment thereof and also consider other legislation such as the ECA, NEMA and NEMA Biodiversity Act in an attempt to determine whether the regulatory framework addresses risk management and liability in an effective and adequate manner. It comes to the conclusion that South Africa does not as yet have a satisfactory legal regime that provides for risk management and liability in the context of GMOs.

  20. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

    Science.gov (United States)

    Bărcan, Cristian

    2015-01-01

    Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

  1. Environmental macroeconomics : Environmental policy, business cycles, and directed technical change

    NARCIS (Netherlands)

    Fischer, Carolyn; Heutel, Garth

    Environmental economics has traditionally fallen in the domain of microeconomics, but approaches from macroeconomics have recently been applied to studying environmental policy. We focus on two macroeconomic tools and their application to environmental economics. First, real-business-cycle models

  2. Comment: Legal Liability as Climate Change Policy

    OpenAIRE

    Hilary Sigman

    2007-01-01

    Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy instrument for climate change. This brief comment considers the desirability of this approach, focusing on three possible roles for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as a means to facilitate the adoption of ex ante public policies to control greenhouse gases. The strongest argument for liability may ...

  3. New directions in Mexican environmental policy

    Science.gov (United States)

    Mumme, Stephen P.; Sanchez, Roberto A.

    1992-07-01

    Since taking office 1 December 1988, Mexico's incumbent president, Carlos Salinas de Gortari, has introduced important innovations in environmental policy that distinguish his administration from those of his predecessors. Greater administrative continuity, improved regulatory capacity achieved through statutory change, focused priorities centering on pollution abatement in Mexico City, and an aggressive search for external financing for pollution control are hallmarks of Salinas' approach. The success of these environmental reforms depends heavily on economic recovery, however, and environmental policy still suffers from underfunding, bureaucratic fragmentation, and heavy reliance on voluntarist enforcement mechanisms. Recently, U.S. congressional debate on a proposed free trade agreement with Mexico has been a factor in spurring the Salinas government to take new antipollution and conservation measures. Mexico's growing environmental movement is also an important force behind the government's new responsiveness in environmental matters. The Salinas administration recognizes the issue's political salience and has sought to defuse environmental criticism using a large arsenal of resources at its disposal. Salinas' environmental policy strategy may thus be characterized as both proactive and reactive in nature. While the reforms are evidence that Mexico is beginning to take environmental matters more seriously, economic recovery and sustained environmental activism remain vital to further progress.

  4. Development of liability syndromes for schizophrenia: where did they come from and where are they going?

    Science.gov (United States)

    Stone, William S; Giuliano, Anthony J

    2013-10-01

    Three decades after Paul Meehl proposed the term "schizotaxia" to describe a conceptual framework for understanding the liability to schizophrenia, Ming Tsuang et al. at Harvard University reformulated the concept as a clinical syndrome with provisional research criteria. The reformulated view relied heavily on more recent data showing that many non-psychotic, un-medicated biological relatives of individuals with schizophrenia showed difficulties in cognitive and other clinical functions that resembled those seen in their ill relatives. The reformulation raised questions about both whether and when liability could be assessed validly in the absence of psychosis, and about the extent to which symptoms of liability are reversible. Both questions bear on the larger issue of early intervention in schizophrenia. This article reviews the efforts of Tsuang et al. to conceptualize and validate schizotaxia as one such syndrome of liability. Towards this end, liability is considered first more generally as an outcome of interactive genetic and environmental factors. Liability is then considered in the context of endophenotypes as a concept that is both broader and is potentially more specific (and predictive) than many DSM or ICD diagnostic symptoms. Liability syndromes are then considered in the context of their proximity to illness, first by reviewing prodromal syndromes (which are more proximal), and then by considering schizotaxia, which, as it is currently formulated, is pre-prodromal and, therefore, less proximal. Finally, challenges to validation and future directions for research are considered. © 2013 Wiley Periodicals, Inc.

  5. The liability of public officials to prosecution in environmentally related matters. Die Strafbarkeit von Amtstraegern im Umweltbereich

    Energy Technology Data Exchange (ETDEWEB)

    Rogall, K. (Freie Univ. Berlin (Germany). Inst. fuer Straf- und Prozessrecht)

    1991-01-01

    The comprehensive study examines the legally relevant empirical data in the fields of jurisdiction and administration, and discusses and assesses the applicable state of the law. This then leads to considerations and proposals concerning the development of criminal law. The analysis of legally relevant data shows that the registered prosecutions are in a disproportionate relationship to the outcome of the associated proceedings - most proceedings must be lapsed. The word of the law alone is perceived by the public officials as the 'Sword of Damocles'. This can imply prolonged handling times of administrative procedures. In its overall assessment, the study sees no urgent need for action to introduce any particular criminal liability for office bearers. However, it calls upon the legislator to define the boundary conditions of administrative activity more precisely. (HSCH).

  6. A Danish Twin Study of Schizophrenia Liability

    DEFF Research Database (Denmark)

    Kläning, Ulla; Trumbetta, Susan L; Gottesman, Irving I

    2016-01-01

    whether variance in schizophrenia liability attributable to environmental factors may have decreased with successive cohorts exposed to improvements in public health. ICD-10 diagnoses were determined by clinical interview. Although the best-fitting, most parsimonious biometric model of schizophrenia...

  7. Directed Technical Change and Economic Growth Effects of Environmental Policy

    DEFF Research Database (Denmark)

    Kruse-Andersen, Peter Kjær

    2016-01-01

    A Schumpeterian growth model is developed to investigate how environmental policy affects economic growth when environmental policy also affects the direction of technical change. In contrast to previous models, production and pollution abatement technologies are embodied in separate intermediate...... unambiguously directs research efforts toward pollution abatement technologies and away from production technologies. This directed technical change reduces economic growth and pollution emission growth. Simulation results indicate that even large environmental policy reforms have small economic growth effects....... However, these economic growth effects have relatively large welfare effects which suggest that static models and exogenous growth models leave out an important welfare effect of environmental policy....

  8. Managing nuclear liabilities

    International Nuclear Information System (INIS)

    Pooley, D.

    1997-01-01

    This paper discusses the importance of managing liabilities in the nuclear industry and considers the main ingredients which make for successful liabilities management. It looks specifically at UKAEA's experience to date and lists its key management principles, including the use of the liabilities management ratio which is the company's current bottom-line performance measure. (Author)

  9. Environmental assessment process needs and future directions

    International Nuclear Information System (INIS)

    Gustafson, P.F.

    1985-01-01

    The environmental assessment process as legislatively mandated by the National Environmental Policy Act of 1969 (NEPA) constitutes a double-edged sword as regards the successful management and disposal of radioactive waste. On the one hand, NEPA requires identification and disclosure of the environmental and societal consequences of a given major federal action, consideration of alternatives and/or mitigative measures leading to the same end result, a balancing of costs and benefits, and provides for and encourages public participation in the decision-making process regarding the proposed action(s). On the other hand, public participation supported by judicial decisions, based more upon procedural than substantive issues, may delay, alter, or indeed prohibit a proposed course of action. If the cognizant federal agencies (DOE and NRC in the radioactive waste area) comply with both the spirit and the letter of NEPA a framework for the successful management of radioactive wastes on all types can be developed. If however, these agencies are less than earnest in their NEPA compliance actions or if public opposition is backed by overzealous court action, any radioactive waste management/disposal action (however technically sound) can be hoisted upon a petard from which it may not be freed until well into the next century

  10. Environmental assessment process needs and future directions

    Energy Technology Data Exchange (ETDEWEB)

    Gustafson, P.F.

    1985-01-01

    The environmental assessment process as legislatively mandated by the National Environmental Policy Act of 1969 (NEPA) constitutes a double-edged sword as regards the successful management and disposal of radioactive waste. On the one hand, NEPA requires identification and disclosure of the environmental and societal consequences of a given major federal action, consideration of alternatives and/or mitigative measures leading to the same end result, a balancing of costs and benefits, and provides for and encourages public participation in the decision-making process regarding the proposed action(s). On the other hand, public participation supported by judicial decisions, based more upon procedural than substantive issues, may delay, alter, or indeed prohibit a proposed course of action. If the cognizant federal agencies (DOE and NRC in the radioactive waste area) comply with both the spirit and the letter of NEPA a framework for the successful management of radioactive wastes on all types can be developed. If however, these agencies are less than earnest in their NEPA compliance actions or if public opposition is backed by overzealous court action, any radioactive waste management/disposal action (however technically sound) can be hoisted upon a petard from which it may not be freed until well into the next century.

  11. Hazard Ranking System evaluation of CERCLA [Comprehensive Environmental Response, Compensation, and Liability Act] inactive waste sites at Hanford: Volume 1, Evaluation methods and results

    International Nuclear Information System (INIS)

    Stenner, R.D.; Cramer, K.H.; Higley, K.A.; Jette, S.J.; Lamar, D.A.; McLaughlin, T.J.; Sherwood, D.R.; Van Houten, N.C.

    1988-10-01

    The purpose of this report is to formally document the individual site Hazard Ranking System (HRS) evaluations conducted as part of the preliminary assessment/site inspection (PA/SI) activities at the US Department of Energy (DOE) Hanford Site. These activities were carried out pursuant to the DOE orders that describe the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Program addressing the cleanup of inactive waste sites. These orders incorporate the US Environmental Protection Agency methodology, which is based on the Superfund Amendments and Reauthorization Act of 1986 (SARA). The methodology includes six parts: PA/SI, remedial investigation/feasibility study, record of decision, design and implementation of remedial action, operation and monitoring, and verification monitoring. Volume 1 of this report discusses the CERCLA inactive waste-site evaluation process, assumptions, and results of the HRS methodology employed. Volume 2 presents the data on the individual CERCLA engineered-facility sites at Hanford, as contained in the Hanford Inactive Site Surveillance (HISS) Data Base. Volume 3 presents the data on the individual CERCLA unplanned-release sites at Hanford, as contained in the HISS Data Base. 34 refs., 43 figs., 47 tabs

  12. Fiscal year 1995 progress in implementing Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act. Ninth annual report to Congress

    International Nuclear Information System (INIS)

    1996-09-01

    Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Public Law 96-510), commonly known as Superfund, in 1980. The Superfund Amendments and Reauthorization Act (SARA) which amended CERCLA in 1986, added Section 120 regarding the cleanup of contaminated sites at Federal facilities. Under Section 120(e)(5) of CERCLA, each department, agency, or instrumentality of the Federal government responsible for compliance with Section 120 must submit an annual report to Congress concerning its progress in implementing the requirements of Section 120. The report must include information on the progress in reaching Interagency Agreements (IAGs), conducting Remedial Investigation and Feasibility Studies (RI/FSs), and performing remedial action. Federal agencies that own or operate facilities on the National priorities List (NPL) are required to begin an RI/FS for these facilities within 6 months after being placed on the NPL. Remediation of these facilities is addressed in an IAG between the Federal agency, the US Environmental Protection Agency (EPA), and in some instances the state within which the facility is located. This report provides the status of ongoing activities being performed in support of CERCLA Section 120 at DOE facilities. This includes activities conducted to reach IAGs and progress in conducting remedial actions

  13. Hazard Ranking System evaluation of CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) inactive waste sites at Hanford: Volume 1, Evaluation methods and results

    Energy Technology Data Exchange (ETDEWEB)

    Stenner, R.D.; Cramer, K.H.; Higley, K.A.; Jette, S.J.; Lamar, D.A.; McLaughlin, T.J.; Sherwood, D.R.; Van Houten, N.C.

    1988-10-01

    The purpose of this report is to formally document the individual site Hazard Ranking System (HRS) evaluations conducted as part of the preliminary assessment/site inspection (PA/SI) activities at the US Department of Energy (DOE) Hanford Site. These activities were carried out pursuant to the DOE orders that describe the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Program addressing the cleanup of inactive waste sites. These orders incorporate the US Environmental Protection Agency methodology, which is based on the Superfund Amendments and Reauthorization Act of 1986 (SARA). The methodology includes six parts: PA/SI, remedial investigation/feasibility study, record of decision, design and implementation of remedial action, operation and monitoring, and verification monitoring. Volume 1 of this report discusses the CERCLA inactive waste-site evaluation process, assumptions, and results of the HRS methodology employed. Volume 2 presents the data on the individual CERCLA engineered-facility sites at Hanford, as contained in the Hanford Inactive Site Surveillance (HISS) Data Base. Volume 3 presents the data on the individual CERCLA unplanned-release sites at Hanford, as contained in the HISS Data Base. 34 refs., 43 figs., 47 tabs.

  14. Fiscal year 1995 progress in implementing Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act. Ninth annual report to Congress

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-09-01

    Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Public Law 96-510), commonly known as Superfund, in 1980. The Superfund Amendments and Reauthorization Act (SARA) which amended CERCLA in 1986, added Section 120 regarding the cleanup of contaminated sites at Federal facilities. Under Section 120(e)(5) of CERCLA, each department, agency, or instrumentality of the Federal government responsible for compliance with Section 120 must submit an annual report to Congress concerning its progress in implementing the requirements of Section 120. The report must include information on the progress in reaching Interagency Agreements (IAGs), conducting Remedial Investigation and Feasibility Studies (RI/FSs), and performing remedial action. Federal agencies that own or operate facilities on the National priorities List (NPL) are required to begin an RI/FS for these facilities within 6 months after being placed on the NPL. Remediation of these facilities is addressed in an IAG between the Federal agency, the US Environmental Protection Agency (EPA), and in some instances the state within which the facility is located. This report provides the status of ongoing activities being performed in support of CERCLA Section 120 at DOE facilities. This includes activities conducted to reach IAGs and progress in conducting remedial actions.

  15. Fiscal year 1996 progress in implementing Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act. Tenth annual report to Congress

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-01

    Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Public Law 96-510), commonly known as Superfund, in 1980. The Superfund Amendments and Reauthorization Act (SARA) (Public Law 99-499), which amended CERCLA in 1986, added Section 120 regarding the cleanup of contaminated sites at Federal facilities. Under Section 120(e)(5) of CERCLA, each department, agency, or instrumentality of the Federal government responsible for compliance with Section 120 must submit an annual report to Congress concerning its progress in implementing the requirements of Section 120. The report must include information on the progress in reaching Interagency Agreements (IAGs), conducting remedial investigation and feasibility studies (RI/FSs), and performing remedial actions. Federal agencies that own or operate facilities on the National Priorities List (NPL) are required to begin an RI/FS for these facilities within 6 months after being placed on the NPL. Remediation of these facilities is addressed in an IAG between the Federal agency, the US Environmental Protection Agency (EPA), and in some instances the state within which the facility is located.

  16. Liability of statutory organs in limited liability companies

    Directory of Open Access Journals (Sweden)

    Martin Janků

    2011-01-01

    Full Text Available Statutory organs of business companies (and similarly of co-operatives have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets because, although the assets are legally owned by the business company, persons acting as statutory organs are mostly partners (shareholders in these companies as well. As such they manage the foreign assets but the company properties were created by their contributions or through the business by themselves. The paper analyses the requirements laid down for the function of managing directors (jednatel in the limited company. Consequently it analyses the scope of the liability of managing directors firstly, in relationship to the company’s creditors (persons standing outside the company and, subsequently, in relationship to the shareholders. It also presents and characterises the recent trends in the Commercial Court’s judgement of the conditions required for the liability for damage and claims for damages put forward by action to recover damages by the managing directors. De lege ferenda the paper recommends that the legal regulation will be amended by provisions limiting the scope of persons to be appointed as executive director and/or extending the liability for damages for the partners of the company in cases where the damage in such cases can not be compensated by the executive director and the partners should bear consequences for their culpa in eligendo.

  17. Fiscal Year 1994 progress in implementing Section 120 of the Comprehensive Environmental Rresponse, Compensation, and Liability Act. Eighth annual report to Congress

    International Nuclear Information System (INIS)

    1995-07-01

    Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Public Law 96-510), commonly known as Superfund, in 1980. The Superfund Amendments and Reauthorization Act (SARA) (Public Law 99-499), which amended CERCLA in 1986, added Section 120 regarding the cleanup of contaminated sites at Federal facilities. Under Section 120(e)(5) of CERCLA, each department, agency, or instrumentality of the Federal government responsible for compliance with Section 120 must submit an annual report to Congress concerning its progress in implementing the requirements of Section 120. The report must include information on the progress in reaching Interagency Agreements (IAGs), conducting Remedial Investigation and Feasibility Studies (RI/FSs), and performing remedial actions. Federal agencies that own or operate facilities on the National Priorities List (NPL) are required to begin an RI/FS for these facilities within 6 months after being placed on the NPL. Remediation of these facilities is addressed in an IAG between the Federal agency, the U.S. Environmental Protection Agency (EPA), and in some instances the state within which the facility is located. This report, prepared by the U.S. Department of Energy's (DOE's) Office of Environmental Management, is being submitted to Congress in accordance with Section 120(e)(5) of CERCLA. It is DOE's Eighth Annual Report to Congress and provides information on DOE's progress in implementing CERCLA Section 120 in Fiscal Year 1994 (FY 94), i.e., from October 1, 1993, to September 30, 1994. In this report the words open-quotes siteclose quotes and open-quotes facilityclose quotes are used interchangeably

  18. Combat exposure severity as a moderator of genetic and environmental liability to post-traumatic stress disorder.

    Science.gov (United States)

    Wolf, E J; Mitchell, K S; Koenen, K C; Miller, M W

    2014-05-01

    Twin studies of veterans and adults suggest that approximately 30-46% of the variance in post-traumatic stress disorder (PTSD) is attributable to genetic factors. The remaining variance is attributable to the non-shared environment, which, by definition, includes combat exposure. This study used a gene by measured environment twin design to determine whether the effects of genetic and environmental factors that contribute to the etiology of PTSD are dependent on the level of combat exposure. The sample was drawn from the Vietnam Era Twin Registry (VETR) and included 620 male-male twin pairs who served in the US Military in South East Asia during the Vietnam War era. Analyses were based on data from a clinical diagnostic interview of lifetime PTSD symptoms and a self-report measure of combat exposure. Biometric modeling revealed that the effects of genetic and non-shared environment factors on PTSD varied as a function of level of combat exposure such that the association between these factors and PTSD was stronger at higher levels of combat exposure. Combat exposure may act as a catalyst that augments the impact of hereditary and environmental contributions to PTSD. Individuals with the greatest exposure to combat trauma were at increased risk for PTSD as a function of both genetic and environmental factors. Additional work is needed to determine the biological and environmental mechanisms driving these associations.

  19. Fusion energy and nuclear liability considerations

    International Nuclear Information System (INIS)

    Fork, William E.; Peterson, Charles H.

    2014-01-01

    For over 60 years, fusion energy has been recognised as a promising technology for safe, secure and environmentally-sustainable commercial electrical power generation. Over the past decade, research and development programmes across the globe have shown progress in developing critical underlying technologies. Approaches ranging from high-temperature plasma magnetic confinement fusion to inertial confinement fusion are increasingly better understood. As scientific research progresses in its aim to achieve fusion 'ignition', where nuclear fusion becomes self-sustaining, the international legal community should consider how fusion power technologies fit within the current nuclear liability legal framework. An understanding of the history of the civil nuclear liability regimes, along with the different risks associated with fusion power, will enable nations to consider the proper legal conditions needed to deploy and commercialise fusion technologies for civil power generation. This note is divided into three substantive parts. It first provides background regarding fusion power and describes the relatively limited risks of fusion technologies when compared with traditional nuclear fission technologies. It then describes the international nuclear liability regime and analyses how fusion power fits within the text of the three leading conventions. Finally, it examines how fusion power may fall within the international nuclear liability framework in the future, a discussion that includes possible amendments to the relevant international liability conventions. It concludes that the unique nature of the current civil nuclear liability regime points towards the development of a more tailored liability solution because of the reduced risks associated with fusion power. (authors)

  20. Nuclear Liability Laws

    International Nuclear Information System (INIS)

    McIntosh, S.

    2016-01-01

    The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004

  1. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

    Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... for policy makers and courts in awarding damages in a large number of real-world accident cases....

  2. General Principles Governing Liability

    International Nuclear Information System (INIS)

    Reyners, P.

    1998-01-01

    This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

  3. Direct payments as an instrument of the environmental policy

    Directory of Open Access Journals (Sweden)

    Adrian Sadłowski

    2011-01-01

    Full Text Available Agriculture is the area of human activity that is accompanied by the formation of positive and negative external environmental effects. In order to motivate farmers to conduct production activities in a way that reduces the negative impact of these activities on the environment, the so-called principle of cross compliance has been incorporated into the direct support system. This study characterises the area payments as an instrument of the environmental policy and is a review of the European Commission’s different proposals for the reform of direct payments through the prism of environmental functions of this instrument.

  4. Managing UK nuclear liabilities

    International Nuclear Information System (INIS)

    Sadnicki, Mike; MacKerron, Gordon.

    1997-01-01

    This paper sets out a framework for a fundamental reappraisal of the management of nuclear liabilities in the United Kingdom, built around two policy objectives, sustainable development and cost-effectiveness. The practical implications of the policy objectives are explored in relation to nuclear liability strategies, such as the adequacy or otherwise of current funding arrangements, the completeness of liability estimates and the distribution of financial responsibility between the public and private sector. A fundamental review of the management of nuclear liabilities is urged in the light of inadequacies identified in this paper. (UK)

  5. The College Professor's Professional Liability

    Science.gov (United States)

    Griggs, Walter S.; Rubin, Harvey W.

    1977-01-01

    The growing number of professional liability suits against professors warrants a close examination of the need for and provisions of available insurance coverage. The evolution of tort liability, the question of negligence, and the professional liability policy are discussed. (LBH)

  6. Genetic Variation in Schizophrenia Liability is Shared With Intellectual Ability and Brain Structure

    NARCIS (Netherlands)

    Bohlken, Marc M; Brouwer, Rachel M; Mandl, René C W; Kahn, René S; Hulshoff Pol, Hilleke E

    2016-01-01

    BACKGROUND: Alterations in intellectual ability and brain structure are important genetic markers for schizophrenia liability. How variations in these phenotypes interact with variance in schizophrenia liability due to genetic or environmental factors is an area of active investigation. Studying

  7. Assets, liabilities and risks

    OpenAIRE

    R. Thomson

    2014-01-01

    Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment) of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  8. Nuclear damage - civil liability

    International Nuclear Information System (INIS)

    Simoes, A.C.

    1980-01-01

    An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

  9. Romanian Nuclear Liability Legislation

    International Nuclear Information System (INIS)

    Banu, R.

    2006-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

  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. Influence of foreign direct investment on indicators of environmental degradation.

    Science.gov (United States)

    Solarin, Sakiru Adebola; Al-Mulali, Usama

    2018-06-21

    This study aims to contribute to the existing literature by looking at the influence of foreign direct investment on carbon dioxide emissions, carbon footprint, and ecological footprint. In order to realize the aim of this study, we have utilized the augmented mean group estimator, which is supported by common correlated effect mean group estimator in the analysis for 20 countries. The panel results reveal that foreign direct investment has no effect on environmental degradation indicators. The panel results further reveal that gross domestic product, energy consumption, and urbanization are the main contributors to environmental degradation. The results at country level show that foreign direct investment and urbanization increase pollution in the developing countries while they mitigate pollution in the developed countries. Moreover, gross domestic product and energy consumption increase pollution for both developed and developing countries, which includes China and the USA. The negative impact of foreign direct investment on environmental degradation in the developed countries can be explained on the basis that these countries have strong environmental regulations, which makes it almost impossible for dirty foreign industries to invest therein. From the output of this research, several policy recommendations are enumerated for the investigated countries.

  12. Directive about environmental responsibility. Prevention and reparation of damage; La directiva sobre responsabilidad medioambiental. La prevencion y la reparacion de danos

    Energy Technology Data Exchange (ETDEWEB)

    Diaz, S.

    2003-07-01

    The concerns arising from recent accidents in some industrial plants as well as in some mining complex and,very specially, those accidents suffered by vessels that carried oil products, have made the authorities and the public to be aware of the high costs that represent the damaged naturals habitats and contaminated sites restoration. The lack of a common normative frame in the EU, relative to environmental liability, has been clearly shown and has led to the adoption of initiatives which taken shape in a Directive that aims to regulate this subject in the UE scope. (Author)

  13. Understanding legacy liabilities

    Energy Technology Data Exchange (ETDEWEB)

    Ossi, G.J. [Venable, LLP (United States)

    2005-08-01

    Among the most immediate issues facing operations with a workforce represented by the United Mine Workers of America (UMWA) are the so-called 'legacy liabilities'. Legacy liabilities fall under two categories: retiree health care and pension. The retiree health benefit obligations fall into two categories; statutory - those created under the Coal Industry Retiree Health Benefit Act of 1992 and contractual - the 1993 Employer Benefit Plan and the Individual Employer Plans. The pension liabilities are more straightforward; there are three different retirement plans in the NBCWA; the UMWA 1950 Pension Plan, the UMWA 1974 Pension Plan and the UMWA Cash Deferred Savings Plan of 1988.

  14. CIVIL LIABILITY IN ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Andreea Marica

    2008-09-01

    Full Text Available La protection de l’environnement représente une priorité à l’échelle mondiale, dans le contexte de l’apparition de certains problèmes universels, comme: la réduction de la couche d’ozone, l’amplification de l’effet de serre, désertification, destruction des forêts, la réduction de la biodiversité, problèmes concernant toutes les nations et tous les Etats du monde. Les Etats et les organisations internationales ont adopté traités, conventions, déclarations, plans et programmes d’action contenant des principes de base de la protection de l’environnement, dans des conditions de développement durable. Une série de décisions et résolutions d’une importance capitale, comme la Déclaration de Stockholm (1972, la Convention de Rio de Janeiro (1990, la Carte Mondiale (1982 votée par l’ONU en 1982, la Convention d’Aarchus (1998 concernant le droit d’être informé, de participer à la prise des décisions et d’accès à la justice en cas de préjudice relatives à l’environnement, se constituent en un nouveau domaine, dynamique de législation. La Roumanie a signé et ratifié ces conventions, de sorte que celles-ci font partie du droit interne.En général, la notion de responsabilité, présente dans tous les domaines du droit, s’est formée et a évolué avec la société moderne, qui impose une certaine conduite à chaque sujet, qui est obligé de ne violer les intérêts généraux et les droits légitimes d’une personne et ne pas lui provoquer un quelconque préjudice. Dans le contexte de l’existence de la vie sur terre et dans le contexte des provocations permanente en vue d’assurer la survie de l’humanité, la politique de ce domaine a en vue la protection, la conservation et le développement de l’environnement. Pour atteindre cet objectif, la protection juridique de l’environnement ne saurait être séparée de l’existence de la responsabilité juridique, de la personne qui a causé un dommage ou un préjudice. Le droit à un environnement écologique, sain et équilibré, est reconnu et garanti par la législation nationale, ainsi que par celle internationale.L’article 35 de la Constitution de la Roumanie, tel qu’il a été modifié par la Loi no. 429/2003, affirme, entre autres droits fondamentaux, le droit à un environnement sain, qui est une partie d’une troisième génération de droits, appelés droits de solidarité, qui peuvent être respectés non seulement par des efforts internes de l’Etat, mais aussi par la coopération entre l’Etat et les citoyens. Par la conclusion d’un accord d’association entre la Roumanie et l’Union Européenne, entré en vigueur en 1995, la Roumanie a assumé l’acquis communautaire de l’environnement, avec ses trois droits fondamentaux (le droit d’être informé au sujet de l’environnement, le droit de participer au processus de prise de décision concernant l’environnement et le droit de solliciter la réparation des dommages écologiques, ou l’annulation d’actes administratifs illégaux a joué un rôle important dans ce processus.Mots-clé: biodiversité, la protection de l’environnement, pollution, la réparation des dommages écologiques, responsabilité civile

  15. Civil liability and compensation for damages caused by certain hazardous and noxious substances during their carriage by sea

    International Nuclear Information System (INIS)

    Bievre, A. de.

    1985-01-01

    In this paper current international efforts directed at the establishment of a special legal regime for civil liability and compensation for damages caused by hazardous and noxious substances during their transport by sea, specifically chemicals and liquid gas products, are described and analysed. Special attention is given to the way in which concern with the development of an 'environment oriented' regime which provides full recovery for victims in a reliable manner, on the one hand, and, on the other, considerations relating to cost effectiveness complement or conflict with each other. Another important area of investigation concerns the potential role of the marine insurance industry in accident prevention through the provision of incentives for careful (i.e. safe and environmentally sound) behaviour. There is a distinct regulatory trend in favour of strict liability (i.e. liability without fault) and compulsory insurance. There is also a growing perception of the need to depart from the traditional pattern of maritime liability which channels liability automatically to the person exercizing operational control during transport by sea (i.e. the carrier), and to additionally impose liability on those responsible for the risks attached to the inherently harmful characteristics of the cargoes carried. (orig.) [de

  16. Assets, liabilities and risks

    Directory of Open Access Journals (Sweden)

    R. Thomson

    2014-01-01

    Full Text Available Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  17. Passivo ambiental: revisão teórica de custos na indústria do petróleo Environmental liabilities: theoretical revision of costs in the industry of the oil

    Directory of Open Access Journals (Sweden)

    Carlos Alberto Bezerra Galdino

    2004-01-01

    Full Text Available O objetivo deste trabalho é apresentar uma revisão teórica sobre o passivo ambiental para uso de gestores públicos ou privados, bem como de pesquisadores no setor de exploração de petróleo. Essa revisão, além de apresentar uma definição de passivo ambiental, também define os tipos e técnicas de passivo coletadas pela Agência de Proteção Ambiental Americana (EPA, técnicas essas que objetivam a estimação de diversos tipos de custos ambientais, decorrentes de atividades passadas ou presentes, da produção de bens que causaram ou, provavelmente, venham a causar danos ao meio ambiente e, conseqüentemente, algumas implicações de natureza legal, econômica e social.The objective of this work is to present a theoretical revision on the environmental liabilities for use of public or private managers, as well as of researchers in the sector of oil exploration. This revision, besides presenting a definition of environmental liabilities, also defines the types and techniques of liabilities collected by the U.S. Environmental Protection Agency (EPA, which aim the estimation of different types of ambient costs, resulting from past or present activities, of the production of goods that caused or, will probably, come to cause damages to the environment and, consequently, some implications of legal, economic and social nature.

  18. Environmental Quality Standards in the EC-Water Framework Directive

    DEFF Research Database (Denmark)

    Jirka, Gerhard H.; Burrows, Richard; Larsen, Torben

    2004-01-01

    The "combined approach" in the new EC-Water Framework Directive(WFD) consisting of environmental quality standards in addition to emission limit values promises improvements in the quality characteristics of surface water. However, the specification of where in the water body the environmental...... quality standards apply is missing in the WFD. The omission will limit its administrative implementation. A clear mixing zone regulation is needed so that the quality objectives of the WFD are not jeopardized. This need is demonstrated using the examples of point source discharges into rivers and coastal...

  19. Liability for damage to the global commons

    International Nuclear Information System (INIS)

    Leigh, K.

    1993-01-01

    The 'global commons' discussed in this paper are the areas beyond the limits of national jurisdiction. Responsibility to prevent environmental damage to these areas is clearly recognized in customary international law. On the other hand, although liability for such damage undoubtedly has a useful role to play in protecting these areas, the precise nature of liability for such damage is unclear. Some issues, such as whether liability for such damage is strict or tied to breaching a standard of care and the definition of environmental damage, equally arise in relation to damage to the environment of States. Others, such as who could take action to enforce the liability and the nature of the remedy, raise special problems in the case of damage to the global commons. The work under way in the IAEA Standing Committee on Liability for Nuclear Damage provides an opportunity for clarifying these issues in relation to nuclear damage to the global commons. Treaties dealing with particular types of damage which have recently been adopted or are currently being developed in other fields provide a starting point in dealing with this matter. More work, however, needs to be done

  20. The Liabilities Management Group

    International Nuclear Information System (INIS)

    Whitehead, A.W.

    1998-01-01

    The Liabilities Management Group (LMG) was initiated by DTI. It is a cooperative forum which was set up in 1995. The current participants are DTI, UKAEA, NLM (for BNFL), MOD and Magnox Electric. The LMG was initiated to produce closer cooperation between public sector liability management organizations, achieve more cost-effective management of UK nuclear liabilities and enhance development of the UK nuclear decommissioning and waste management strategy. The objectives are to compare practices between liabilities management organizations discuss the scope for collaboration identify priority areas for possible collaboration agree action plans for exploring and undertaking such collaboration.Four task forces have been formed to look at specific areas (R and D, safety, contracts, and project management) and each reports separately to the LMG. The LMG has achieved its original aim of bringing together those with public sector liability management responsibilities. All participants feel that the LMG has been useful and that it should continue. Looking to the future, there is a continuing need for the LMG to facilitate removal of barriers to the achievement of best value for money. The LMG might also consider addressing the 'business process' elements that a liability management organization must be good at in order to define best practice in these. (author)

  1. [The "specific" liability regime for blood products].

    Science.gov (United States)

    Byk, Christian

    2017-10-13

    Based on the system of liability for defective products as organized by the European Directive of 25 July 1985, responsibility for blood products does not therefore constitute a genuine specific regime. However, European law leaves States a margin of discretion in the implementation of the Directive with regard to health products. This is the case in particular with the exemption for development risk.

  2. The Water Framework Directive and the Strategic Environmental Assessment Directive: Exploring the linkages

    International Nuclear Information System (INIS)

    Carter, Jeremy; Howe, Joe

    2006-01-01

    This paper highlights, explores and reflects on the linkages between the Water Framework Directive (WFD) and the Strategic Environmental Assessment (SEA) Directive. The assessment of river basin management plans (RBMPs), the key procedural linkage between the two Directives, is addressed. The assessment of other actions affecting the water environment, particularly land use plans, could also aid the achievement of the aims of the Water Framework Directive. As water quality is related intimately to the development and use of land, this significant issue is considered. There are numerous potential benefits that could arise from exploring the linkages between these two pieces of EU environmental legislation. These are highlighted, and include encouraging resource savings, generating a holistic approach to water resource management and ultimately the promotion of more sustainable forms of development

  3. Environmental liabilities in Billings reservoir and its impacts on hydropower generation Plant Henry Borden; Os passivos ambientais no reservatorio Billings e os seus impactos na geracao hidroenergetica da Usina Henry Borden

    Energy Technology Data Exchange (ETDEWEB)

    Almeida, Daniel Ladeira [Universidade Federal do ABC (UFABC), Santo Andre, SP (Brazil)

    2010-07-01

    The primary assertion is that this article argues that the recovery in production of hydropower in Henry Borden (UHB) is the reduction of environmental liabilities in the Billings reservoir. In this context, the aim of this paper is to provide a first consideration of the possibility of recovery of production Henry Borden hydropower plant of recovering the multiple uses of the reservoir. From this perspective, we interviewed representatives of CETESB (Sanitation Environmental Technology Company) and EMAE (Metropolitan Water and Energy Company SA) for consideration of actions that include environmental policies aimed at increasing the production of electricity in Henry Borden in order to obtain results that may contribute to the multiple uses of the Billings reservoir. Noting that the range of laws aimed at protecting the water sources was limited to disjointed public policy that has reduced the resilience of the Billings reservoir. (author)

  4. 7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

  5. Impact of hazardous waste risks and liabilities on the contracting process

    International Nuclear Information System (INIS)

    Gleason, G.L.

    1991-01-01

    Hazardous waste risks include the following: (1) An emerging environmental cleanup industry that differs significantly from traditional engineering; (2) The inability to predict and control the subsurface environment; (3) The implementation of new and often untested technologies; (4) The statutory imposition of strict, joint and several, as well as retroactive, liability; (5) The lack of insurance and other risk-transfer mechanisms to protect against losses; (6) Costly and time consuming litigation to determine liability; and (7) Others. The liabilities associated with the risks inherent in hazardous waste cleanup directly impact hazardous waste contracting. Contract negotiations become onerous during discussions of liability, indemnification, and issues surrounding scope of work and other clauses. Other impacts include (1) Defensive engineering; (2) Lack of incentive to implement innovative technologies; (3) Increased costs to cover risks. Required client indemnification is a necessary and responsible risks management practice, regardless of whether the client is a federal or private client. Federal government indemnification authorities, as well as private contract indemnification mechanisms, will be explained and analyzed. Conflict of interest concerns are also of critical importance in the hazardous waste market, particularly due to concerns over the complexity of the litigation surrounding hazardous waste sites and the need to ensure unbiased results. Other examples of hazardous waste risk management impacts on contracting in the following market sectors will also be provided: (1) U.S. Environmental Protection Agency; (2) Department of Defense; (3) Department of Energy; and (4) Private sector contracts

  6. The Off-Site Plowshare and Vela Uniform Programs: Assessing Potential Environmental Liabilities through an Examination of Proposed Nuclear Projects,High Explosive Experiments, and High Explosive Construction Activities Volume 1 of 3

    Energy Technology Data Exchange (ETDEWEB)

    Beck Colleen M,Edwards Susan R.,King Maureen L.

    2011-09-01

    This document presents the results of nearly six years (2002-2008) of historical research and field studies concerned with evaluating potential environmental liabilities associated with U.S. Atomic Energy Commission projects from the Plowshare and Vela Uniform Programs. The Plowshare Program's primary purpose was to develop peaceful uses for nuclear explosives. The Vela Uniform Program focused on improving the capability of detecting, monitoring and identifying underground nuclear detonations. As a result of the Project Chariot site restoration efforts in the early 1990s, there were concerns that there might be other project locations with potential environmental liabilities. The Desert Research Institute conducted archival research to identify projects, an analysis of project field activities, and completed field studies at locations where substantial fieldwork had been undertaken for the projects. Although the Plowshare and Vela Uniform nuclear projects are well known, the projects that are included in this research are relatively unknown. They are proposed nuclear projects that were not executed, proposed and executed high explosive experiments, and proposed and executed high explosive construction activities off the Nevada Test Site. The research identified 170 Plowshare and Vela Uniform off-site projects and many of these had little or no field activity associated with them. However, there were 27 projects that merited further investigation and field studies were conducted at 15 locations.

  7. The Off-Site Plowshare and Vela Uniform Programs: Assessing Potential Environmental Liabilities through an Examination of Proposed Nuclear Projects,High Explosive Experiments, and High Explosive Construction Activities Volume 2 of 3

    Energy Technology Data Exchange (ETDEWEB)

    Beck Colleen M.,Edwards Susan R.,King Maureen L.

    2011-09-01

    This document presents the results of nearly six years (2002-2008) of historical research and field studies concerned with evaluating potential environmental liabilities associated with U.S. Atomic Energy Commission projects from the Plowshare and Vela Uniform Programs. The Plowshare Program's primary purpose was to develop peaceful uses for nuclear explosives. The Vela Uniform Program focused on improving the capability of detecting, monitoring and identifying underground nuclear detonations. As a result of the Project Chariot site restoration efforts in the early 1990s, there were concerns that there might be other project locations with potential environmental liabilities. The Desert Research Institute conducted archival research to identify projects, an analysis of project field activities, and completed field studies at locations where substantial fieldwork had been undertaken for the projects. Although the Plowshare and Vela Uniform nuclear projects are well known, the projects that are included in this research are relatively unknown. They are proposed nuclear projects that were not executed, proposed and executed high explosive experiments, and proposed and executed high explosive construction activities off the Nevada Test Site. The research identified 170 Plowshare and Vela Uniform off-site projects and many of these had little or no field activity associated with them. However, there were 27 projects that merited further investigation and field studies were conducted at 15 locations.

  8. The Off-Site Plowshare and Vela Uniform Programs: Assessing Potential Environmental Liabilities through an Examination of Proposed Nuclear Projects,High Explosive Experiments, and High Explosive Construction Activities Volume 3 of 3

    Energy Technology Data Exchange (ETDEWEB)

    Beck Colleen M.,Edwards Susan R.,King Maureen L.

    2011-09-01

    This document presents the results of nearly six years (2002-2008) of historical research and field studies concerned with evaluating potential environmental liabilities associated with U.S. Atomic Energy Commission projects from the Plowshare and Vela Uniform Programs. The Plowshare Program's primary purpose was to develop peaceful uses for nuclear explosives. The Vela Uniform Program focused on improving the capability of detecting, monitoring and identifying underground nuclear detonations. As a result of the Project Chariot site restoration efforts in the early 1990s, there were concerns that there might be other project locations with potential environmental liabilities. The Desert Research Institute conducted archival research to identify projects, an analysis of project field activities, and completed field studies at locations where substantial fieldwork had been undertaken for the projects. Although the Plowshare and Vela Uniform nuclear projects are well known, the projects that are included in this research are relatively unknown. They are proposed nuclear projects that were not executed, proposed and executed high explosive experiments, and proposed and executed high explosive construction activities off the Nevada Test Site. The research identified 170 Plowshare and Vela Uniform off-site projects and many of these had little or no field activity associated with them. However, there were 27 projects that merited further investigation and field studies were conducted at 15 locations.

  9. Case study : environmental considerations of horizontal directional drills

    International Nuclear Information System (INIS)

    Slade, D.A.

    2000-01-01

    A pipeline construction project by Enbridge Pipelines (Toledo) Inc. which relied on horizontal directional drilling (HDD) techniques to install the pipe was analyzed with particular focus on the environmental benefits and risks of using directional drills compared to open cut installation. The construction of the 35-mile, 16-inch crude petroleum pipeline from Stockbridge to Freedom Junction in Michigan involved the use of 11 separate directional drills to cross through wetlands, streams and state recreational areas. The role that HDD played in route selection and environmental permit considerations was discussed along with some of the problems encountered with directional drilling. A successful HDD program must have adequate geotechnical information to properly design and plan the crossings. It was recommended that geotechnical borings should be conducted every 300 to 500 feet across the HDD alignment. It was also recommended that a frac-out contingency plan should be developed and to be prepared for the temporary shut down of the HDD rig if a frac-out occurs. Frac-outs must be investigated, contained and any released fluid should be removed. Some recommendations from past experiences were also presented as a guide for future planning of pipeline projects that include HDD techniques, particularly in wetland areas. Appendix A to this presentation included a contingency plan for illustrative purposes only. The plan was developed for the above project and was included as an example only. It described the planning, prevention and control measures to minimize impacts resulting from inadvertent spill of drilling mud during directional drilling in wetlands. It also included a drilling mud 'Containment, Response and Notification Plan' to be implemented as determined by the contractor under the supervision of Enbridge Pipelines (Toledo) Inc. 5 refs., 2 tabs., 1 fig., 1 appendix

  10. Liability in nuclear establishments

    International Nuclear Information System (INIS)

    Bockli, H.R.

    1980-01-01

    The paper gives a history of safety legislation in nuclear plants. A change has been suggested to the present law which would put total liability for damage or injury on the owner of the plant. This new legislation is being introduced in Switzerland. It covers even natural disasters as well as acts of war, but excludes injuries caused through negligence or irresponsibility of employee, however, third party injured as a consequence is to be compensated. The liability stretches over 30 years after the event. (G.R.S.)

  11. Limitation of Auditors' Liability

    DEFF Research Database (Denmark)

    Werlauff, Erik; Foged-Ladefoged, Lise Kolding

    2014-01-01

    The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...... to the fact that the insurance premiums associated with an unlimited liability must of course make the auditor’s tasks more expensive. Relevant EU recommendations and a comparative glance at other EU countries’ proposed solutions to the problem are included....

  12. 75 FR 76946 - Demurrage Liability

    Science.gov (United States)

    2010-12-10

    ... because the warehouseman--which otherwise has no incentive to agree to liability--can avoid liability... based on an unjust enrichment theory? The court rejected such an approach in Middle Atlantic, 353 F...

  13. Insurance Cover for Revised Nuclear Liability

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2008-01-01

    The financial security to be provided to victims of an incident at a nuclear installation is the main objective of international nuclear liability conventions. As from the introduction of the Paris Convention on Third Party Liability in the Field of Nuclear Energy in 1960 and the Vienna Convention on Liability for Nuclear Damage in 1963 insurers have been prepared to provide the financial capacity needed to cover the liability under both conventions. They did so in close co-operation with the competent national and international authorities, which has resulted in the insurability of as much of the nuclear liability under the conventions as possible. This tradition of co-operation between authorities and insurers was extended to include the revision negotiations regarding the above conventions, which were concluded in 1997 and 2004 respectively. This has resulted in the insurability of by far the largest part of the convention based liability. However, some heads of damage have been introduced about which insurers had expressed concerns as to their likelihood to attract insurance support. In view of the explicit choice by Convention States to include the uninsurable heads of damage into the revised conventions one would expect that liability for them would fall upon national Governments. This would reflect practice in a number of States, which already assume liability for uninsurable mandatory liabilities for a long time. Nonetheless some other States now seem reluctant to do so, the resulting deadlock having a tendency to manifest itself in a negative perception of the insurance industry. Insurers are therefore appreciative of the forum provided by the CNS to once again explain the areas where problems as regards insurability have arisen and why this is the case. This presentation will show that those areas are few in number and notably relate to a limited number of environmental damages as well as the extension of prescription periods. Furthermore, thoughts will

  14. Casing pull tests for directionally drilled environmental wells

    International Nuclear Information System (INIS)

    Staller, G.E.; Wemple, R.P.; Layne, R.R.

    1994-11-01

    A series of tests to evaluate several types of environmental well casings have been conducted by Sandia National Laboratories (SNL) and it's industrial partner, The Charles Machine Works, Inc. (CMW). A test bed was constructed at the CMW test range to model a typical shallow, horizontal, directionally drilled wellbore. Four different types of casings were pulled through this test bed. The loads required to pull the casings through the test bed and the condition of the casing material were documented during the pulling operations. An additional test was conducted to make a comparison of test bed vs actual wellbore casing pull loads. A directionally drilled well was emplaced by CMW to closely match the test bed. An instrumented casing was installed in the well and the pull loads recorded. The completed tests are reviewed and the results reported

  15. Activity plan: Directional drilling and environmental measurements while drilling

    International Nuclear Information System (INIS)

    Myers, D.A.

    1998-01-01

    This activity plan describes the testing of directional drilling combined with environmental measurements while drilling at two Hanford Site locations. A cold test is to be conducted at the 105A Mock Tank Leak Facility in the 200 East Area. A hot test is proposed to be run at the 216-B-8 tile field north of the 241-B Tank Farm in 200 East Area. Criteria to judge the success, partial success or failure of various aspects of the test are included. The TWRS program is assessing the potential for use of directional drilling because of an identified need to interrogate the vadose zone beneath the single-shell tanks. Because every precaution must be taken to assure that investigation activities do not violate the integrity of the tanks, control of the drill bit and ability to follow a predetermined drill path are of utmost importance and are being tested

  16. Casing pull tests for directionally drilled environmental wells

    Energy Technology Data Exchange (ETDEWEB)

    Staller, G.E.; Wemple, R.P. [Sandia National Labs., Albuquerque, NM (United States); Layne, R.R. [Charles Machine Works, Inc., Perry, OK (United States)

    1994-11-01

    A series of tests to evaluate several types of environmental well casings have been conducted by Sandia National Laboratories (SNL) and it`s industrial partner, The Charles Machine Works, Inc. (CMW). A test bed was constructed at the CMW test range to model a typical shallow, horizontal, directionally drilled wellbore. Four different types of casings were pulled through this test bed. The loads required to pull the casings through the test bed and the condition of the casing material were documented during the pulling operations. An additional test was conducted to make a comparison of test bed vs actual wellbore casing pull loads. A directionally drilled well was emplaced by CMW to closely match the test bed. An instrumented casing was installed in the well and the pull loads recorded. The completed tests are reviewed and the results reported.

  17. Activity plan: Directional drilling and environmental measurements while drilling

    Energy Technology Data Exchange (ETDEWEB)

    Myers, D.A.

    1998-07-16

    This activity plan describes the testing of directional drilling combined with environmental measurements while drilling at two Hanford Site locations. A cold test is to be conducted at the 105A Mock Tank Leak Facility in the 200 East Area. A hot test is proposed to be run at the 216-B-8 tile field north of the 241-B Tank Farm in 200 East Area. Criteria to judge the success, partial success or failure of various aspects of the test are included. The TWRS program is assessing the potential for use of directional drilling because of an identified need to interrogate the vadose zone beneath the single-shell tanks. Because every precaution must be taken to assure that investigation activities do not violate the integrity of the tanks, control of the drill bit and ability to follow a predetermined drill path are of utmost importance and are being tested.

  18. DISCIPLINAIRIE LIABILITIES OF THE EUROPEAN PUBLIC SERVANTS

    Directory of Open Access Journals (Sweden)

    Mihaela Tofan

    2009-09-01

    Full Text Available Work discipline is essential for the proper conduct of business within an organization with implications for productivity and efficiency. Disciplinary liability arises as a direct result of breach of service obligations and rules of behaviour. At EU level, disciplinary responsibility of community public servant is governed by the provisions of the Statute of the European Community published in the Official Journal of the European Community no. L 56 March 4, 1968 and amended on numerous occasions. This paper proposes an analysis of concrete conditions which require disciplinary liability of the European public servant, disciplinary sanctions and procedures for implementing them.

  19. Chernobyl and the international liability regime

    International Nuclear Information System (INIS)

    Brunner, G.; Schmidt, C.

    1986-01-01

    The authors investigate whether Federal German citizens would have any success in claiming compensation for damage as a result of the Chernobyl reactor accident in a Soviet court, and the answer is positive in terms of substantive law. Actions would have to be filed against the AES at Chernobyl to the Chernobyl county court, which would examine the claims according to Soviet (Ukrainian) civil law, and taking into account two aspects of liability, namely strict liability, and liability in tort. However, it would indeed be more realistic to expect that any such action would be dismissed by the court upon the directive of political authorities, as the Soviet Government certainly would have no interest at all to give any foreign citizen the chance to win a case in such a politically significant matter. (orig./HSCH) [de

  20. Standards and producers' liability

    International Nuclear Information System (INIS)

    Kretschmer, F.

    1979-01-01

    The author discusses the liability of producers and the diligence required, which has to come up to technical standards and the latest state of technology. The consequences of this requirement with regard to claims for damages are outlined and proposals for reforms are pointed out. (HSCH) [de

  1. Cargo liability regimes

    Science.gov (United States)

    2001-01-01

    There are at present at least three international regimes of maritime cargo liability in force in different countries of the world - the original Hague rules (1924), the updated version known as the Hague-Visby rules (1968, further amended 1979), and...

  2. Managing 'tail liability'.

    Science.gov (United States)

    Frese, Richard C; Weber, Ryan J

    2013-11-01

    To reduce and control their level of tail liability, hospitals should: Utilize a self-insurance vehicle; Consider combined limits between the hospital and physicians; Communicate any program changes to the actuary, underwriter, and auditor; Continue risk management and safety practices; Ensure credit is given to the organization's own medical malpractice program.

  3. Radiological risks and civil liability

    International Nuclear Information System (INIS)

    Miller, C.E.

    1989-01-01

    In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author)

  4. Radiological risks and civil liability

    Energy Technology Data Exchange (ETDEWEB)

    Miller, C.E. (Salford Univ. (UK). Environmental Health and Housing Div.)

    1989-01-01

    In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author).

  5. Nuclear Liability Legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    1998-01-01

    This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

  6. 40 CFR 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000...

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Size classes and associated liability... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS LIABILITY LIMITS FOR... privity and knowledge of the owner or operator, the following limits of liability are established for...

  7. Civil liability on nuclear activities

    International Nuclear Information System (INIS)

    Bittar, C.A.

    1982-01-01

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

  8. Information Processing and Limited Liability

    OpenAIRE

    Bartosz Mackowiak; Mirko Wiederholt

    2012-01-01

    Decision-makers often face limited liability and thus know that their loss will be bounded. We study how limited liability affects the behavior of an agent who chooses how much information to acquire and process in order to take a good decision. We find that an agent facing limited liability processes less information than an agent with unlimited liability. The informational gap between the two agents is larger in bad times than in good times and when information is more costly to process.

  9. Fukushima: liability and compensation

    International Nuclear Information System (INIS)

    Vasquez-Maignan, Ximena

    2012-01-01

    On 11 March 2011, Japan endured one of the worst natural disasters in its history when a massive earthquake struck the Pacific coast of the country and was followed by a tsunami which led to considerable loss of lives. It also led to a major accident at the Fukushima Daiichi nuclear power plant. Soon afterwards, the operator of the plant, Tokyo Electric Power Company (TEPCO), assumed responsibility and liability for the nuclear accident. On 28 April 2011, TEPCO established a dedicated contact line to provide consulting services for financial compensation related to the damage caused

  10. Nuclear third party liability in Germany

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2016-01-01

    The German system of nuclear third party liability has always been, and arguably still is, the object of considerable interest in the international nuclear law community. This may seem surprising since Germany adheres to the Paris Convention and is therefore a party to a community of 15 states all following the same principles enshrined in this Convention. In fact, when implementing the PC, Germany chose the approach ensuring the most literal adherence to the PC's principles: it adopted the PC in its entirety, thus directly transposing the PC text into binding German law, instead of enacting a national law derived from, but not literally translating, the PC. At the same time, perhaps no other nation has made use of the options, choices and margins offered or abandoned by the PC to the national legislators, or kept in store by way of a reservation at signature of the Convention, in such an extended manner, testing - and as has even been contended in the past: stressing - the boundaries of the PC system. Unlimited liability introduced in 1985, the highest financial security of any PC state (EUR 2.5 billion), unlimited territorial scope combined with the principle of reciprocity and liability of German operators even in the force majeure cases of Article 9 of the PC are probably the most interesting decisions made by Germany in this context, established in the Atomic Energy Act (Atomgesetz). These choices betray a certain tendency of the German government to give the greatest possible benefit to victims, and in parallel to achieve a 'normalisation' of the nuclear liability regime, without stifling the industry. Within the compromise underlying the international nuclear liability regime - enabling the nuclear industry to create and sustain an energy sector highly relevant for national electricity production on the one hand and protecting potential victims on the other - Germany has more and more shifted the balance, as far as practically possible, to the

  11. Professional liability of the radon technologist

    International Nuclear Information System (INIS)

    Kornreich, M.R.

    1987-01-01

    The radon technologist will want to protect himself from lawsuits by plaintiffs who believe they have suffered consequences of a false measurement or erroneous recommendation. The author may be sued for negligence or on the contract. A plaintiff is more likely to be successful in a suit for monetary losses associated with real estate transactions or remediation than in a suit for personal injury. To avoid liability, the radon technologist will want to keep aware of the state of the art; use standard protocols; carefully supervise employees; take all technical precaution; and get legal advice in contracting. The author should also adhere to applicable federal, state, or local regulations. Disclosing the limits of measurement procedures and emphasizing the importance of maintaining standardized environmental conditions in the building are important. Since it is extremely difficult for an individual to get adequate professional liability insurance at a reasonable price, radon technologists should cooperate, perhaps through their professional societies, to negotiate the best possible insurance policies

  12. Non-Profit Ecological Organizations in the Function of the Realization of the Right to Freedom of Association and the Development of Civil Environmental Liability in Kazakhstan

    Science.gov (United States)

    Aitimov, Bolat Zh.; Dussipov, Erkin Sh.; Altynbekkyzy, Alua; Ashimova, Dinara I.; Nurbek, Dana T.; Urazymbetov, Talgat E.

    2016-01-01

    Environmental issues have become a central issue, which is considered not only at the state level, but also in the international arena. At the moment the main initiators of drawing attention to the environment are the environmental non-profit organizations. In developed countries, these organizations provide full support to the government and…

  13. Managing liabilities which arise out of radioactive waste

    International Nuclear Information System (INIS)

    Hall, R.M. Jr.

    1986-01-01

    The Atomic Energy Act has established a comprehensive regulatory program which governs the management of most radioactive wastes. There are substantial civil and criminal penalties for violations. In addition, environmental statutes such as the Resource Conservation and Recovery Act and the Superfund law impose liabilities on managers of ''non-nuclear'' hazardous wastes. The availability of common law remedies by private parties subjects companies and their officers and employees, and in some cases the government, to liability for personal injuries or property damage. An environmental manager at any facility where radioactive materials are being handled must be aware of these potential liabilities and should engage in a regular program of environmental auditing to ensure compliance

  14. Towards a global environmental sociology? Legacies, trends and future directions

    Science.gov (United States)

    Lidskog, Rolf; Mol, Arthur PJ; Oosterveer, Peter

    2014-01-01

    A current debate on environmental sociology involves how the subdiscipline should conceptualise and investigate the environment and whether it should be prescriptive and deliver policy recommendations. Taking this debate as a point of departure this article discusses the current and future role of sociology in a globalised world. It discusses how environmental sociology in the US and Europe differ in their understandings of sociology’s contribution to the study of the environment. Particular stress is placed on how these two regions differ with respect to their use of the tradition of sociological thought, views on what constitutes the environment and ways of institutionalising environmental sociology as a sociological field. In conclusion, the question is raised of whether current versions of environmental sociology are appropriate for analysing a globalised world environment; or whether environmental sociology’s strong roots in European and US cultures make it less relevant when facing an increasingly globalised world. Finally, the article proposes some new rules for a global environmental sociology and describes some of their possible implications for the sociological study of climate change. PMID:25937642

  15. Towards a global environmental sociology? Legacies, trends and future directions.

    Science.gov (United States)

    Lidskog, Rolf; Mol, Arthur Pj; Oosterveer, Peter

    2015-05-01

    A current debate on environmental sociology involves how the subdiscipline should conceptualise and investigate the environment and whether it should be prescriptive and deliver policy recommendations. Taking this debate as a point of departure this article discusses the current and future role of sociology in a globalised world. It discusses how environmental sociology in the US and Europe differ in their understandings of sociology's contribution to the study of the environment. Particular stress is placed on how these two regions differ with respect to their use of the tradition of sociological thought, views on what constitutes the environment and ways of institutionalising environmental sociology as a sociological field. In conclusion, the question is raised of whether current versions of environmental sociology are appropriate for analysing a globalised world environment; or whether environmental sociology's strong roots in European and US cultures make it less relevant when facing an increasingly globalised world. Finally, the article proposes some new rules for a global environmental sociology and describes some of their possible implications for the sociological study of climate change.

  16. Liability for Diagnosing Malingering.

    Science.gov (United States)

    Weiss, Kenneth J; Van Dell, Landon

    2017-09-01

    Malingering is a medical diagnosis, but not a psychiatric disorder. The label imputes that an evaluee has intentionally engaged in false behavior or statements. By diagnosing malingering, psychiatrists pass judgment on truthfulness. Evaluees taking exception to the label may claim that the professional has committed defamation of character (libel or slander) when the diagnosis is wrong and costs the claimant money or benefits. Clinicians may counter by claiming immunity or that the diagnosis was made in good faith. This problem has come into focus in military and veterans' contexts, where diagnoses become thresholds for benefits. Through historical and literary examples, case law, and military/veterans' claims of disability and entitlement, the authors examine the potency of the malingering label and the potential liability for professionals and institutions of making this diagnosis. © 2017 American Academy of Psychiatry and the Law.

  17. Transport Nuclear Liability Insurance

    International Nuclear Information System (INIS)

    Folens, M.

    2006-01-01

    Although transport of nuclear substances represents only a very small part of the global transport of dangerous goods, it takes place every day all over the world and it is part of our daily life. Transport of nuclear material takes also place at every stage of the nuclear fuel cycle; radioactive materials are carried out all over the world by all major modes of transport: sea, air, road and rail. Despite the large number of nuclear transports, they are not considered as posing a serious risk. A major nuclear incident is almost always associated with the operating of fixed installations such as nuclear power plants; just think about Three Mile Island and Chernobyl. This perception is strengthened by the absence so far of serious accidents in the nuclear transport sector and this finding is in fact proof of the very safe conditions of nuclear transport. But accidents can never be excluded entirely and in some cases damages could be as large as those caused by fixed installations. This means that protection of the interests of possible victims should also be covered in a correct way. That is why the special nuclear liability regime has also been developed to cover damage caused by a nuclear transport accident. As stated by Patrick Reyners, the prime motivation for originally adopting a special nuclear regime was the harmonisation of national legislation and that nowhere more than in the field of international transport operations is such harmonisation felt desirable . The international legal regime has been developed along two tracks, one based on the mode of transport and the other based on the notion of dangerous goods. The linkage between those two tracks is of permanent concern and the mode of transport is the key element to determine which international instrument should be applicable. The purpose of this paper is to briefly introduce the financial security provided by the insurance industry to cover the international nuclear liability regime for nuclear

  18. On extended liability in a model of adverse selection

    OpenAIRE

    Dieter Balkenborg

    2004-01-01

    We consider a model where a judgment-proof firm needs finance to realize a project. This project might cause an environmental hazard with a probability that is the private knowledge of the firm. Thus there is asymmetric information with respect to the environmental riskiness of the project. We consider the implications of a simple joint and strict liability rule on the lender and the firm where, in case of a damage, the lender is responsible for that part of the liability which the judgment-p...

  19. Government-sponsored microfinance program: Joint liability vs. individual liability

    Directory of Open Access Journals (Sweden)

    Arghya Kusum Mukherjee

    2014-12-01

    Full Text Available Swarnajayanti Gram Swarozgar Yojana (SGSY is a government-sponsored microfinance program. The scheme is based on four features: group lending with joint liability, progressive lending, back-ended subsidy, and social capital. We propose a new model of SGSY having these features: group lending with individual liability, progressive lending, back-ended subsidy, and social capital. “Joint liability” clause of the existing model is replaced with individual liability in the new model. The paper shows that problem of adverse selection is removed in both models, i.e. in “SGSY with group lending and joint liability” and “SGSY with group lending and individual liability.” The problem of “moral hazard” is more severe in the existing model of SGSY compared with the proposed model of SGSY. Borrowers are also benefitted from participation in the proposed scheme of SGSY than that in the existing model of SGSY.

  20. Some considerations on disciplinary liability overlapping criminal liability

    Directory of Open Access Journals (Sweden)

    Ştefania DUMITRACHE

    2011-12-01

    Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

  1. Nuclear liability legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    2000-01-01

    This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

  2. Liability for international nuclear transport: an overview

    International Nuclear Information System (INIS)

    Brown, O.F.; Horbach, N.

    2000-01-01

    Many elements can bear on liability for nuclear damage during transport. For example, liability may depend upon a number of facts that may be categorized as follows: shipment, origin or destination of the shipment, deviation from the planed route, temporary storage incidental to carriage; content of shipment, type of nuclear material involved, whether its origin is civilian or defence-related; sites of accident, number and type of territories damaged (i.e. potential conventions involved), applicable territorial limits, exclusive economic zone, high seas, etc.; nature of damages, personal injury, property damage, damage to the means of carriage, indirect damage, preventive measures, environmental cleanup or retrieval at seas, res communis, transboundary damages etc.; victims involved, nationality and domiciles of victims; jurisdiction, flag (for ships) or national registration (for aircraft) of the transporting vessel, courts of one or more states may have (or assert) jurisdiction to hear claims, and may have to determine what law to apply to a particular accident; applicable law, the applicability laws and/or international nuclear liability conventions; the extent to which any applicable convention has been implemented or modified by domestic legislation, conflicts with the 1982 Law of the Sea Convention or other applicable international agreements, and finally, also written agreements between installation operators and carriers can define applicable law as well as responsibilities. Harmonizing nuclear liability protection and applying it to additional international shipments would be facilitated by more countries being in treaty relations with each other as soon as possible. Adherence to an international convention by more countries (including China, Russia, the United States, etc.) would promote the open flow of services and advanced technology, and better facilitate international transport. The conventions protect the public, harmonize legislation in the

  3. Looking at Earth from space: Direct readout from environmental satellites

    Science.gov (United States)

    1994-01-01

    Direct readout is the capability to acquire information directly from meteorological satellites. Data can be acquired from NASA-developed, National Oceanic and Atmospheric Administration (NOAA)-operated satellites, as well as from other nations' meteorological satellites. By setting up a personal computer-based ground (Earth) station to receive satellite signals, direct readout may be obtained. The electronic satellite signals are displayed as images on the computer screen. The images can display gradients of the Earth's topography and temperature, cloud formations, the flow and direction of winds and water currents, the formation of hurricanes, the occurrence of an eclipse, and a view of Earth's geography. Both visible and infrared images can be obtained. This booklet introduces the satellite systems, ground station configuration, and computer requirements involved in direct readout. Also included are lists of associated resources and vendors.

  4. Towards a global environmental sociology? Legacies, trends and future directions

    NARCIS (Netherlands)

    Lidskog, R.; Mol, A.P.J.; Oosterveer, P.J.M.

    2015-01-01

    A current debate on environmental sociology involves how the subdiscipline should conceptualise and investigate the environment and whether it should be prescriptive and deliver policy recommendations. Taking this debate as a point of departure this article discusses the current and future role of

  5. Directional heterogeneity in WTP models for environmental valuation

    NARCIS (Netherlands)

    Schaafsma, M.; Brouwer, R.; Rose, J.

    2012-01-01

    Many studies in the stated preference literature on environmental valuation do not include the effects of substitutes and distance in willingness-to-pay (WTP) models, in spite of the relevance of these effects in aggregation and benefit transfer. Heterogeneity in the availability of substitutes over

  6. Directions in environmental education their implication for the ...

    African Journals Online (AJOL)

    ). Environmental education (EE) is defined and guiding principles for effective U·: programmes are given. These principles are applied to teacher· training and a model for teacher· training is proposed, The model is then used to assess the--B.

  7. Defining the role of risk assessment in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) remedial investigation process at the DOE-OR

    International Nuclear Information System (INIS)

    Miller, P.D.; McGinn, C.W.; Purucker, S.T.; White, R.K.

    1994-08-01

    The risk assessment strategy that will be implemented on the Oak Ridge Reservation has been standardized to ensure consistency and technical defensibility in all risk assessment activities and is presented within this document. The strategy emphasizes using existing environmental data in screening risk analyses to aid in identifying chemicals of potential concern, operable units that could pursue a no further investigation determination, and operable units that may warrant early response actions. The screening risk analyses include a comparison of measured chemical concentrations to preliminary remediation goals, performing a most likely exposure and integration point assessment, and performing a screening ecological risk assessment. This document focuses heavily on the screening risk analyses and relies on existing U.S. Environmental Protection Agency risk assessment guidance to provide specific details on conducting baseline risk assessments. However, the document does contain a section on the baseline risk assessment process that details the exposure pathways to be evaluated on the Oak Ridge Reservation. This document will be used in conjunction with existing Martin Marietta Energy Systems, Inc. Environmental Restoration risk assessment standards, policies, procedures, and technical memoranda. The material contained herein will be periodically updated as the strategy is tried and tested and as the risk assessment methodology is revised. The primary purpose for this document is to present the proposed strategy to the Tennessee Department of Environment and Conservation and the U.S. Environmental Protection Agency, Region IV and receive concurrence or additional comments on the material presented herein

  8. Directional Radiation Dosimeter for Area and Environmental Monitoring

    International Nuclear Information System (INIS)

    Manzoli, J.E.; Campos, V.P.; Moura, E.S.

    2009-01-01

    It is presented a dosimeter that is able to measure the photon exposure and the direction from where the radiation came from. Preliminary measurements performed by this new directional radiation dosimeter demonstrate its application. This dosimeter consists of a small lead cube with thermoluminescent discs on each face, placed in well known coordinates. Only one dosimeter of this kind indicates the direction of the radiation beam, if it came from a unique position. This study was conducted inside the radiation room of a Cobalt-60 Gamma Irradiator and the dosimeter indicated the source position

  9. Modeling non-maturing liabilities

    OpenAIRE

    von Feilitzen, Helena

    2011-01-01

    Non‐maturing liabilities, such as savings accounts, lack both predetermined maturity and reset dates due to the fact that the depositor is free to withdraw funds at any time and that the depository institution is free to change the rate. These attributes complicate the risk management of such products and no standardized solution exists. The problem is important however since non‐maturing liabilities typically make up a considerable part of the funding of a bank. In this report different mode...

  10. Current US nuclear liability regime

    International Nuclear Information System (INIS)

    Brown, O.F.

    2000-01-01

    The Price-Anderson Act Adopted by US Congress in 1957 as the world's first national nuclear liability regime. It is a comprehensive, complicated and unique system and stems from special features of US legal regime and federal system of government. It differs from other systems by providing for 'economic', not legal; channeling of liability to facility operator and not recommended as model for other states, but most features adopted by other states and international conventions

  11. Professional liability. Etiology.

    Science.gov (United States)

    White, K C

    1988-03-01

    Once again, I find Mr. Cooper quote-worthy for his statement, "It is incumbent upon the trial bar not to support the status quo merely because it is in our economic interest. Change is in the wind, and our tort system will be blown away on the winds of change for change's sake unless we participate in correcting deficiencies in the tort system and civil jury trial process." I suggest that we cannot ask for change for our own economic interest, nor can we lay blame exclusively to the other etiologic elements. We must improve those elements within our purview. The prayer of serenity may serve us well: God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference. In the game of professional liability litigation as played by the rules extant there are clearly winners and losers. The winners are the legal profession, both plaintiff and defense, and the insurers, who in the face of adversity simply increase premiums or withdraw from the market. The losers are the medical profession, the patients for whom they care and, in the broadest sense, our society as a whole. So as not to close on a note of gloom, one last quote. Lawrence H. Cooke, former Chief Judge of New York State, in remarks to the April 1986 National Symposium on Civil Justice Issues stated, "Our justice systems are beset with very real problems.(ABSTRACT TRUNCATED AT 250 WORDS)

  12. 40 CFR 80.23 - Liability for violations.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations. 80.23 Section 80.23 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS... on the pump stand or is displayed at the retail outlet or wholesale purchaser-consumer facility from...

  13. Direct separation of plutonium by thermochromatography from environmental samples

    International Nuclear Information System (INIS)

    Wacker, L.; Kraehenbuehl, U.

    2002-01-01

    A thermochromatographic separation was performed on plutonium from environmental soil samples. This procedure was investigated with the goal to measure low concentrations of plutonium by inductively coupled plasma-mass spectrometry (ICP-MS). The soil sample was chlorinated by thionylchloride as reactive gas at a temperature of 1400 K. The volatile chlorides were separated chromatographically and deposited in a temperature gradient tube filled with quartz grains. Results about the deposition behaviour of the elements were obtained. Two different formalisms based on the thermodynamic functions are used to describe the experimental data. One formula is used to describe the deposition behaviour of microscopic amounts of plutonium (adsorption), the other formula for macroamounts of the main matrix elements (desublimation). The calculated values are in a reasonable agreement with the experimental data. A determination of plutonium content was successfully made for a referenced sea sediment (IAEA-135) after the thermochromatographic sample preparation for ICP-MS. (orig.)

  14. Conceptualizing strategic environmental assessment: Principles, approaches and research directions

    Energy Technology Data Exchange (ETDEWEB)

    Noble, Bram, E-mail: b.noble@usask.ca [Department of Geography and Planning, and School of Environment and Sustainability, University of Saskatchewan, 117 Science Place, Saskatoon, Saskatchewan S7N 5A5 (Canada); Nwanekezie, Kelechi [Department of Geography and Planning, University of Saskatchewan, 117 Science Place, Saskatoon, Saskatchewan S7N 5A5 (Canada)

    2017-01-15

    Increasing emphasis has been placed in recent years on transitioning strategic environmental assessment (SEA) away from its environmental impact assessment (EIA) roots. Scholars have argued the need to conceptualize SEA as a process designed to facilitate strategic thinking, thus enabling transitions toward sustainability. The practice of SEA, however, remains deeply rooted in the EIA tradition and scholars and practitioners often appear divided on the nature and purpose of SEA. This paper revisits the strategic principles of SEA and conceptualizes SEA as a multi-faceted and multi-dimensional assessment process. It is suggested that SEA can be conceptualized as series of approaches operating along a spectrum from less to more strategic – from impact assessment-based to strategy-based – with each approach to SEA differentiated by the specific objectives of SEA application and the extent to which strategic principles are reflected in its design and implementation. Advancing the effectiveness of SEA requires a continued research agenda focused on improving the traditional SEA approach, as a tool to assess the impacts of policies, plans and programs (PPPs). Realizing the full potential of SEA, however, requires a new research agenda — one focused on the development and testing of a deliberative governance approach to SEA that can facilitate strategic innovations in PPP formulation and drive transitions in short-term policy and initiatives based on longer-term thinking. - Highlights: • SEA facilitates strategic thinking, enabling transitions toward sustainability. • SEA is conceptualized as a spectrum of approaches, from IA-based to strategy-based. • Each approach variably emphasizes strategic principles in its design and practice. • There is no one conceptualization of SEA that is best, SEA is fit for PPP purpose. • Research is needed to advance SEA to facilitate strategic PPP transformations.

  15. Conceptualizing strategic environmental assessment: Principles, approaches and research directions

    International Nuclear Information System (INIS)

    Noble, Bram; Nwanekezie, Kelechi

    2017-01-01

    Increasing emphasis has been placed in recent years on transitioning strategic environmental assessment (SEA) away from its environmental impact assessment (EIA) roots. Scholars have argued the need to conceptualize SEA as a process designed to facilitate strategic thinking, thus enabling transitions toward sustainability. The practice of SEA, however, remains deeply rooted in the EIA tradition and scholars and practitioners often appear divided on the nature and purpose of SEA. This paper revisits the strategic principles of SEA and conceptualizes SEA as a multi-faceted and multi-dimensional assessment process. It is suggested that SEA can be conceptualized as series of approaches operating along a spectrum from less to more strategic – from impact assessment-based to strategy-based – with each approach to SEA differentiated by the specific objectives of SEA application and the extent to which strategic principles are reflected in its design and implementation. Advancing the effectiveness of SEA requires a continued research agenda focused on improving the traditional SEA approach, as a tool to assess the impacts of policies, plans and programs (PPPs). Realizing the full potential of SEA, however, requires a new research agenda — one focused on the development and testing of a deliberative governance approach to SEA that can facilitate strategic innovations in PPP formulation and drive transitions in short-term policy and initiatives based on longer-term thinking. - Highlights: • SEA facilitates strategic thinking, enabling transitions toward sustainability. • SEA is conceptualized as a spectrum of approaches, from IA-based to strategy-based. • Each approach variably emphasizes strategic principles in its design and practice. • There is no one conceptualization of SEA that is best, SEA is fit for PPP purpose. • Research is needed to advance SEA to facilitate strategic PPP transformations.

  16. Tobacco, cannabis, and other illicit drug use among Finnish adolescent twins: causal relationship or correlated liabilities?

    NARCIS (Netherlands)

    Huizink, A.C.; Levälahti, E.; Korhonen, T.; Dick, D.M.; Pulkkinen, L.; Rose, R.J.; Kaprio, J.

    2010-01-01

    Objective: Among Finnish adolescent twins, we compared (a) a model that describes a direct impact of liability to tobacco use on cannabis and other illicit drug use with (b) a model that included a shared underlying liability for these substances. Furthermore, the extent to which genetic and

  17. Hanford Environmental Dose Reconstruction Project independent direction and oversight

    International Nuclear Information System (INIS)

    Blazek, M.L.; Power, M.

    1991-01-01

    Hanford was selected in 1942 as one of the sites for the Manhattan Project. It produced plutonium for one of the world's first nuclear weapons. The US Department of Energy (DOE) and its predecessors continued to make plutonium for nuclear weapons at Hanford for more than four decades. In the early days of Hanford operations, radioactive materials routinely were released to the environment by many processes. The DOE disclosed documents about these releases in 1986. In 1987, Washington, Oregon, and regional Indian tribes gathered an independent panel of experts. This group recommended dose reconstruction and health effects feasibility studies. Later that year, DOE hired Battelle Pacific Northwest Laboratory (PNL) to reconstruct potential public radiation doses from Hanford's past releases of radioactive material. The DOE agreed with the states and tribes that project direction would come from an independent technical steering panel (TSP). This approach was critical to gain public credibility for the project and the science. The TSP directs the project and makes policy. That is now clear - but, it was hard-earned. Conducting science in an open public process is new, challenging, and clearly worthwhile. The panel's product is good science that is believed and accepted by the public - our client

  18. Third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Crancher, D.W.

    1976-12-01

    Basic principles of nuclear liability legislation are discussed including absolute and limited liability and the role of the Sovereign State in idemnifying the operator for damage in excess of limited liability. European counrties realised the need for unifying the law of nuclear instability and efforts were made accordingly towards producing workable international conventions. The world's first legislation on nuclear liability - the USA Price-Anderson Act - is described in detail and a digest of nuclear liability claims experience is given. Observations of the present status of nuclear third party liability are outlined. (Author)

  19. Civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1963-01-01

    An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

  20. Reassessing the nuclear liability regime

    International Nuclear Information System (INIS)

    Havinh Phuong

    1985-01-01

    The nuclear liability regime was thoroughly reviewed by nuclear plant operators, officials of regulatory authorities, and legal and insurance experts at the Symposium on Nuclear Third Party Liability and Insurance, held in September 1984 in Munich, Federal Republic of Germany. The symposium highlighted specific areas where adjustments or improvements would be needed in order to cope with practical problems encountered or emerging issues. By focusing on questions of legitimate concern to the public, it also sought to promote confidence in a compensation system for public protection that is in many ways unique. Topics addressed included the following: greater harmonization of the compensation amounts for nuclear damage established in different countries and in territorial scope; the concept of unlimited liability; the time limitation for compensation claims; the problem of proving causation; the concept of nuclear damage; and insurance coverage

  1. Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities; liability coverage requirements--Environmental Protection Agency. Final rule and notice of extension of effective date.

    Science.gov (United States)

    1982-07-13

    The effective date for qualifications of insurers providing liability insurance used to satisfy liability coverage requirements applicable to owners or operators of hazardous waste management facilities, as such requirements are included in 40 CFR Parts 264 and 265, is extended from July 15, 1982, to October 16, 1982. The effective date for the rest of the liability coverage requirements remains July 15, 1982. This extension is being provided to allow 6 months between the date of promulgation and the effective date for the insurer qualification provision, in accordance with Section 3010(b) of the Resource Conservation and Recovery Act of 1976, as amended. During the period between July 15 and October 16, 1982, owners or operators may use certificates of insurance or policy endorsements that do not certify to the qualifications of the insurer.

  2. Civil liability concerning nuclear accidents

    International Nuclear Information System (INIS)

    Anon.

    2013-01-01

    France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

  3. Fiscal Liability of State Contractors

    Directory of Open Access Journals (Sweden)

    Santiago Fajardo-Peña

    2017-06-01

    Full Text Available The State contract is one of the most important tools for public management. The formation, execution and liquidation of State contracts are also a potential cause of State patrimonial damages. Perhaps for this reason, many State contractors are prosecuted as if they were public spending managers. The question, however, is not as simple. The fiscal liability process has a qualified recipient: the fiscal manager. In this article, through a conceptual exposition and a case study, we identify the criterion for determining in which cases a State contractor acquires the function of controlling public funds and when he/she can be subjected to a fiscal liability.

  4. The Limited Liability Company: An Analysis

    OpenAIRE

    Wayne Wells; Gary Yoshimoto

    1993-01-01

    In recent years, businesses in many states have been given the opportunity to select a new form in which to conduct business called the limited liability company. This form provides the advantage of the personal liability protection of a corporation, while being taxed as a partnership. If most states create the limited liability company and current issues of uncertainty are favorably resolved, the limited liability company should become the most advantageous business form for most small and m...

  5. Data Quality Objectives Supporting the Environmental Direct Radiation Monitoring Program for the INL Site

    Energy Technology Data Exchange (ETDEWEB)

    Lundell, J. F. [Idaho National Lab. (INL), Idaho Falls, ID (United States); Magnuson, S. O. [Idaho National Lab. (INL), Idaho Falls, ID (United States); Scherbinske, P. [Idaho National Lab. (INL), Idaho Falls, ID (United States); Case, M. J. [Idaho National Lab. (INL), Idaho Falls, ID (United States)

    2015-07-01

    This document presents the development of the data quality objectives (DQOs) for the Idaho National Laboratory (INL) Environmental Direct Radiation Monitoring Program and follows the Environmental Protection Agency (EPA) DQO process (EPA 2006). This document also develops and presents the logic to determine the specific number of direct radiation monitoring locations around INL facilities on the desert west of Idaho Falls and in Idaho Falls, at locations bordering the INL Site, and in the surrounding regional area. The selection logic follows the guidance from the Department of Energy (DOE) (2015) for environmental surveillance of DOE facilities.

  6. 12 CFR 229.21 - Civil liability.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

  7. 12 CFR 965.2 - Authorized liabilities.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Authorized liabilities. 965.2 Section 965.2 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOME LOAN BANK LIABILITIES SOURCE OF FUNDS § 965.2 Authorized liabilities. As a source of funds for business operations, each Bank is authorized to...

  8. The content of the environmental certificate under the EC Directive on ecological audits

    International Nuclear Information System (INIS)

    Falk, H.; Nissen, U.

    1995-01-01

    The environmental certificate is a key item in the regulatory regime of the EC Directive on ecological audits: it represents the essential medium for the public relations activities of an enterprise, and is a major item of review by the environmental expert authorized to assess the environmental performance. The contribution discusses in great detail the definitions and requirements given as well as the room for maneuvre left to the enterprise in laying open and declaring its environmental performance. The article is intended on the one hand to clear up difficulties, and on the other to point to means of further concretization by either national or international standardization. (orig./DG) [de

  9. The Principal and Tort Liability.

    Science.gov (United States)

    Stern, Ralph D.

    The emphasis of this chapter is on the tort liability of principals, especially their commission of unintentional torts or torts resulting from negligent conduct. A tort is defined as a wrongful act, not including a breach of contract or trust, which results in injury to another's person, property, or reputation and for which the injured party is…

  10. University Liability for Sports Injuries.

    Science.gov (United States)

    Rieder, Robert W.; Woodruff, William B., Jr.

    1993-01-01

    Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)

  11. Lessons learned from the EG ampersand G consolidated hazardous waste subcontract and ESH ampersand Q liability assessment process

    International Nuclear Information System (INIS)

    Fix, N.J.

    1995-03-01

    Hazardous waste transportation, treatment, recycling, and disposal contracts were first consolidated at the Idaho National Engineering Laboratory in 1992 by EG and G Idaho, Inc. At that time, disposition of Resource, Conservation and Recovery Act hazardous waste, Toxic Substance Control Act waste, Comprehensive Environmental Response, Compensation, and Liability Act hazardous substances and contaminated media, and recyclable hazardous materials was consolidated under five subcontracts. The wastes were generated by five different INEL M and O contractors, under the direction of three different Department of Energy field offices. The consolidated contract reduced the number of facilities handling INEL waste from 27 to 8 qualified treatment, storage, and disposal facilities, with brokers specifically prohibited. This reduced associated transportation costs, amount and cost of contractual paperwork, and environmental liability exposure. EG and G reviewed this approach and proposed a consolidated hazardous waste subcontract be formed for the major EG and G managed DOE sites: INEL, Mound, Rocky Flats, Nevada Test Site, and 10 satellite facilities. After obtaining concurrence from DOE Headquarters, this effort began in March 1992 and was completed with the award of two master task subcontracts in October and November 1993. In addition, the effort included a team to evaluate the apparent awardee's facilities for environment, safety, health, and quality (ESH and Q) and financial liability status. This report documents the evaluation of the process used to prepare, bid, and award the EG and G consolidated hazardous waste transportation, treatment, recycling, and/or disposal subcontracts and associated ESH and Q and financial liability assessments; document the strengths and weaknesses of the process; and propose improvements that would expedite and enhance the process for other DOE installations that used the process and for the re-bid of the consolidated subcontract

  12. Lessons learned from the EG&G consolidated hazardous waste subcontract and ESH&Q liability assessment process

    Energy Technology Data Exchange (ETDEWEB)

    Fix, N.J.

    1995-03-01

    Hazardous waste transportation, treatment, recycling, and disposal contracts were first consolidated at the Idaho National Engineering Laboratory in 1992 by EG&G Idaho, Inc. At that time, disposition of Resource, Conservation and Recovery Act hazardous waste, Toxic Substance Control Act waste, Comprehensive Environmental Response, Compensation, and Liability Act hazardous substances and contaminated media, and recyclable hazardous materials was consolidated under five subcontracts. The wastes were generated by five different INEL M&O contractors, under the direction of three different Department of Energy field offices. The consolidated contract reduced the number of facilities handling INEL waste from 27 to 8 qualified treatment, storage, and disposal facilities, with brokers specifically prohibited. This reduced associated transportation costs, amount and cost of contractual paperwork, and environmental liability exposure. EG&G reviewed this approach and proposed a consolidated hazardous waste subcontract be formed for the major EG&G managed DOE sites: INEL, Mound, Rocky Flats, Nevada Test Site, and 10 satellite facilities. After obtaining concurrence from DOE Headquarters, this effort began in March 1992 and was completed with the award of two master task subcontracts in October and November 1993. In addition, the effort included a team to evaluate the apparent awardee`s facilities for environment, safety, health, and quality (ESH&Q) and financial liability status. This report documents the evaluation of the process used to prepare, bid, and award the EG&G consolidated hazardous waste transportation, treatment, recycling, and/or disposal subcontracts and associated ESH&Q and financial liability assessments; document the strengths and weaknesses of the process; and propose improvements that would expedite and enhance the process for other DOE installations that used the process and for the re-bid of the consolidated subcontract, scheduled for 1997.

  13. ASSETS AND LIABILITIES DEPENDENCE: EVIDENCE FROM AN EUROPEAN SAMPLE OF BANKS

    Directory of Open Access Journals (Sweden)

    Cociuba Mihail Ioan

    2014-12-01

    Full Text Available In this paper we analyzed the correlation between asset and liabilities using the canonical correlation method, in the case of correlation we analyze the interdependence between two variables, by using canonical correlation analyses we study the interdependence between two groups of variables, X consisting of p variables and Y with q variables from which the best linear combination can be constructed to maximize the correlation between X and Y. While on the financial markets the relation between variables may be linear or non-linear and although canonical correlation analyses only the linear combination of variables it is a more efficient tool than then simple correlation.The asset group which we analyze is composed of different types of loans, derivatives and other earning assets, while in the group of liabilities we have deposits (short and long term, interest bearing liabilities and trading liabilities. We find that the assets and liabilities in the banking sector are directly linked. In the context of the global financial crisis (2007-2008 and the afterwards financial recession this direct correlation between assets and liabilities created a vicious cycle in which the losses from assets had a direct impact on the liabilities which also influenced the levels of assets.The behavior of different variables is important, especially in the financial markets, mainly due to the structure of financial markets. The banking sector and the systemic risk associated with it can affect the financial system and even the whole economy so the study of the correlation of assets and liabilities may give us insights on the causes of the financial crises. We use a panel of fifty-nine European banks for the 2004-2011 period and we analyses the correlation between assets and liabilities. We find that there exists a direct and strong connection between different classes of assets held by banks and the structure of liabilities. The impact of the economic crisis on

  14. Strategic environmental noise mapping: methodological issues concerning the implementation of the EU Environmental Noise Directive and their policy implications.

    LENUS (Irish Health Repository)

    Murphy, E

    2010-04-01

    This paper explores methodological issues and policy implications concerning the implementation of the EU Environmental Noise Directive (END) across Member States. Methodologically, the paper focuses on two key thematic issues relevant to the Directive: (1) calculation methods and (2) mapping methods. For (1), the paper focuses, in particular, on how differing calculation methods influence noise prediction results as well as the value of the EU noise indicator L(den) and its associated implications for comparability of noise data across EU states. With regard to (2), emphasis is placed on identifying the issues affecting strategic noise mapping, estimating population exposure, noise action planning and dissemination of noise mapping results to the general public. The implication of these issues for future environmental noise policy is also examined.

  15. Strategic environmental noise mapping: methodological issues concerning the implementation of the EU Environmental Noise Directive and their policy implications.

    Science.gov (United States)

    Murphy, E; King, E A

    2010-04-01

    This paper explores methodological issues and policy implications concerning the implementation of the EU Environmental Noise Directive (END) across Member States. Methodologically, the paper focuses on two key thematic issues relevant to the Directive: (1) calculation methods and (2) mapping methods. For (1), the paper focuses, in particular, on how differing calculation methods influence noise prediction results as well as the value of the EU noise indicator L(den) and its associated implications for comparability of noise data across EU states. With regard to (2), emphasis is placed on identifying the issues affecting strategic noise mapping, estimating population exposure, noise action planning and dissemination of noise mapping results to the general public. The implication of these issues for future environmental noise policy is also examined. Copyright (c) 2009 Elsevier Ltd. All rights reserved.

  16. 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 ...

  17. Analysis of the Environmental Impact Assessment (EIA) Directive and the EIA decision in Turkey

    International Nuclear Information System (INIS)

    Bilgin, Ayla

    2015-01-01

    The Environmental Impact Assessment (EIA) Directive first entered into force in the United States in 1969, and began to be implemented in many other countries by 1990. The first Environmental Impact Assessment (EIA) Directive in Turkey was published on February 7, 1993, under the Environmental Law No. 2872. The EIA Directive was revised seven times on June 23, 1997, June 6, 2002, December 16, 2003, July 17, 2008, October 3, 2013, and November 25, 2014. Several amendments were made during this process. The first EIA Directive dated 1993 was narrow in scope and its procedure was long, while the amendments in 2003, 2008, 2013, and 2014 widened the scope of the EIA, and shortened the EIA assessment procedures. In this study, the amendments to the Turkish EIA Directive were analysed, and their effect on the number of EIA decisions made was addressed. It was concluded that the uncertainties in EIA procedures were removed, procedures were shortened, and as a result, the number of EIA decisions increased thanks to the revisions made in line with harmonisation with European Union (EU) acquis. - Highlights: • Demonstrates the Environmental Impact Assessment practices in Turkey. • Demonstrates the application of the EIA in Turkey by sector. • Demonstrates the amendments of the EIA by-laws in Turkey. • Demonstrates the changes in EIA practices and EIA decisions

  18. Analysis of the Environmental Impact Assessment (EIA) Directive and the EIA decision in Turkey

    Energy Technology Data Exchange (ETDEWEB)

    Bilgin, Ayla

    2015-07-15

    The Environmental Impact Assessment (EIA) Directive first entered into force in the United States in 1969, and began to be implemented in many other countries by 1990. The first Environmental Impact Assessment (EIA) Directive in Turkey was published on February 7, 1993, under the Environmental Law No. 2872. The EIA Directive was revised seven times on June 23, 1997, June 6, 2002, December 16, 2003, July 17, 2008, October 3, 2013, and November 25, 2014. Several amendments were made during this process. The first EIA Directive dated 1993 was narrow in scope and its procedure was long, while the amendments in 2003, 2008, 2013, and 2014 widened the scope of the EIA, and shortened the EIA assessment procedures. In this study, the amendments to the Turkish EIA Directive were analysed, and their effect on the number of EIA decisions made was addressed. It was concluded that the uncertainties in EIA procedures were removed, procedures were shortened, and as a result, the number of EIA decisions increased thanks to the revisions made in line with harmonisation with European Union (EU) acquis. - Highlights: • Demonstrates the Environmental Impact Assessment practices in Turkey. • Demonstrates the application of the EIA in Turkey by sector. • Demonstrates the amendments of the EIA by-laws in Turkey. • Demonstrates the changes in EIA practices and EIA decisions.

  19. Aspects of nuclear penal liability

    International Nuclear Information System (INIS)

    Faria, N.M. de; Cruz, A.S.C. da

    1986-01-01

    Topics are treated with reference to articles of the Law 6.453 of october 17, 1977, relating to the nuclear penal liability. At the same time, the Penal Code disposes on illicits which may involve nuclear activity. With regard to the Jurisdiction, mention is made to the Federal Justice competence, due to the constitutional disposal. On the international field, the Convention on Physic Protection on Nuclear Material Transport disposes on illicit fact in which nuclear material may be involved. (Author) [pt

  20. Historical Drawbacks of Limited Liability

    Directory of Open Access Journals (Sweden)

    Denis Boyle

    2016-07-01

    Full Text Available Limited liability is a human invention which has facilitated enormous economic growth around the world, particularly since the time of its general application in advanced countries during the nineteenth century. The individual legal identity of companies, coupled with the limited liability of their owners, has provided protection for investors from the risks associated with their investments. It has thus contributed to increase the sources of capital available to finance projects which might otherwise have been considered unviable. However, the legal protection offered to investors has negative consequences for other participants in economies. Speculation in stock markets often damages society. It is very important to study the drawbacks of limited liability and to suggest modifications to achieve a more stable, less volatile, economic growth in the world. Although this article goes to some lengths to recognise the work of authors who emphasise the positive historical economic contribution of limited lability, its main objective is to provoke a reflection around texts which point out the drawbacks and propose solutions.

  1. The European Community Directive -- An Alternative Environmental Impact Assessment Procedure after Massey?

    Science.gov (United States)

    1993-09-30

    competitive conditions, thereby directly affecting the functioning of the common market .’l B. Environmental Impact Assessment 1. Background The Preamble to the...of the conmon market ." Treaty of Rome, supra note 120, art. 100. ’"EC Directive, supra note 22, Preamble. 14Id. art. 1.2. 16Id. 51 member states...dairy products. (d) Brewing and malting. (e) Confectionery and syrup manufacture. (f) Installations for the slaughter of animals. 86 0 0 (g

  2. Management of UKAEA graphite liabilities

    International Nuclear Information System (INIS)

    Wise, M.

    2001-01-01

    The UK Atomic Energy Authority (UKAEA) is responsible for managing its liabilities for redundant research reactors and other active facilities concerned with the development of the UK nuclear technology programme since 1947. These liabilities include irradiated graphite from a variety of different sources including low irradiation temperature reactor graphite (the Windscale Piles 1 and 2, British Energy Pile O and Graphite Low Energy Experimental Pile at Harwell and the Material Testing Reactors at Harwell and Dounreay), advanced gas-cooled reactor graphite (from the Windscale Advanced Gas-cooled Reactor) and graphite from fast reactor systems (neutron shield graphite from the Dounreay Prototype Fast Reactor and Dounreay Fast Reactor). The decommissioning and dismantling of these facilities will give rise to over 6,000 tonnes of graphite requiring disposal. The first graphite will be retrieved from the dismantling of Windscale Pile 1 and the Windscale Advanced Gas-cooled Reactor during the next five years. UKAEA has undertaken extensive studies to consider the best practicable options for disposing of these graphite liabilities in a manner that is safe whilst minimising the associated costs and technical risks. These options include (but are not limited to), disposal as Low Level Waste, incineration, or encapsulation and disposal as Intermediate Level Waste. There are a number of technical issues associated with each of these proposed disposal options; these include Wigner energy, radionuclide inventory determination, encapsulation of graphite dust, galvanic coupling interactions enhancing the corrosion of mild steel and public acceptability. UKAEA is currently developing packaging concepts and designing packaging plants for processing these graphite wastes in consultation with other holders of graphite wastes throughout Europe. 'Letters of Comfort' have been sought from both the Low Level Waste and the Intermediate Level Waste disposal organisations to support the

  3. Using biological effects tools to define Good Environmental Status under the Marine Strategy Framework Directive

    NARCIS (Netherlands)

    Lyons, B.P.; Thain, J.E.; Hylland, K.; Davis, I.; Vethaak, A.D.

    2010-01-01

    The use of biological effects tools offer enormous potential to meet the challenges outlined by the European Union Marine Strategy Framework Directive (MSFD) whereby Member States are required to develop a robust set of tools for defining 11 qualitative descriptors of Good Environmental Status

  4. Direct and terrestrial vegetation-mediated effects of environmental change on aquatic ecosystem processes

    Science.gov (United States)

    Becky A. Ball; John S. Kominoski; Heather E. Adams; Stuart E. Jones; Evan S. Kane; Terrance D. Loecke; Wendy M. Mahaney; Jason P. Martina; Chelse M. Prather; Todd M.P. Robinson; Christopher T. Solomon

    2010-01-01

    Global environmental changes have direct effects on aquatic ecosystems, as well as indirect effects through alterations of adjacent terrestrial ecosystem structure and functioning. For example, shifts in terrestrial vegetation communities resulting from global changes can affect the quantity and quality of water, organic matter, and nutrient inputs to aquatic...

  5. Intangible liabilities: beyond models of intellectual assets

    OpenAIRE

    García Parra, Mercedes; Simó Guzmán, Pep; Sallán Leyes, José María; Mundet Hiern, Joan

    2009-01-01

    Purpose – Most models of intellectual capital measurment equal intellectual capital with intellectual assets. Nevertheless, companies sometimes must incur liabilities to make intellectual assets truly actionable. This fact suggests the existence of intangible liabilities. The aim of this paper is to refine the methods of assessment of intellectual capital by refining and extending the concept of intangible liabilities. Design/methodology/approach – The paper consists of a literature revi...

  6. THE BUILDER?S LIABILITY BEYOND THE DEFECTS LIABILITY

    Directory of Open Access Journals (Sweden)

    Johnson I IKPO

    2005-01-01

    Full Text Available This paper reviews the obligations of a builder after the expiration of the contracted defects liability period using relevant decided cases. The common areas identified as forming the bedrock of litigation pertain to structural and dimensional stability, freedom from damp, durability, adequate drainage, good waste disposal works, and effective service installations. Particular reference is made to walls, roofs, and services, which from the pilot study account for about 46%, 23%, and 17% respectively of the total defects attributable to the builder. It is concluded that the builder is responsible for defects arising from his product till the effluxion of reasonable time, except he establishes an element of contributory negligence.

  7. International Liability Issues for Software Quality

    National Research Council Canada - National Science Library

    Mead, Nancy

    2003-01-01

    This report focuses on international law related to cybercrime, international information security standards, and software liability issues as they relate to information security for critical infrastructure applications...

  8. Report by the Nuclear Liability Commission

    International Nuclear Information System (INIS)

    2003-01-01

    The Nuclear Liability Commission set up by the Ministry of Trade and Industry was to find out whether the basic principles of Finland's current nuclear liability system are appropriate and well functioning and what changes should be made to the present system, taking into account Finland's position in the European convention system (Paris and Brussels Conventions). No proposal in the form of a bill was expected of the Commission. The Finnish nuclear liability system would be further developed as part of the international convention system so that the negotiated amendments to the conventions would be enforced in Finland as soon as possible after the final adoption of the convention texts. The Nuclear Liability Act would be amended so that the principle of unlimited liability of the nuclear installation operator would be adopted instead of the principle of limited liability. The unlimited liability should be covered by an insurance limited in amount so that the installation operator must take out an insurance of at least euro 700 million to cover the injured parties. The liability of the host State would be extended to cover damages exceeding the amount subject to the liability to take out an insurance referred to above by euro 500 million. The international compensation community would cover damages exceeding euro 1.2 billion by no more than euro 300 million. In this case a total of euro 1.5 billion should be compensated from the liability insurance of the installation operator and on the basis of the liability obligation of the host State and compensation community. Later, within the limits of the insurance capacity available, the liability to take out an insurance could be increased to euro 1.2 billion by gradually raising the limit so as to finally also cover fully the share of euro 500 million of the host State referred to above. As for appeal times, the Nuclear Liability Act would be amended so that the appeal time of personal damages would be prolonged. The

  9. Limiting the liability of the nuclear operator

    International Nuclear Information System (INIS)

    Reyners, P.

    1986-01-01

    This article discusses the questioning of a fundamental principle of the special nuclear third party liability regime by certain NEA countries: the limitation of the nuclear operator's liability. This regime, set up since the late fifties at European then at worldwide level, had until now been widely adopted in the national legislation of most of the countries with a nuclear power programme. The author analyses the different arguments in favour of restoring unlimited liability for the nuclear operator and attempts to define its implications for the future of the nuclear third party liability regime in NEA countries. (NEA) [fr

  10. Nuclear third party liability under Polish law

    International Nuclear Information System (INIS)

    Lewaszkiewic-Petrykowska, B.

    1988-01-01

    This paper describes the system governing liability for nuclear incidents in Poland. The Atomic Energy Act of 10 April 1986, which entered into force on 1 July 1986, covers all aspects of nuclear activities, including third party liability. Such liability is channelled onto the nuclear operator who must take out insurance to cover his liability up to an amount fixed in the contract. The Act provides that questions not settled by its provisions are governed by the Civil Code; therefore, if personal injuries exceed that amount victims may claim the difference from the State under that Code (NEA) [fr

  11. Does foreign direct investment affect environmental pollution in China's cities? A spatial econometric perspective.

    Science.gov (United States)

    Liu, Qianqian; Wang, Shaojian; Zhang, Wenzhong; Zhan, Dongsheng; Li, Jiaming

    2018-02-01

    Environmental pollution has aroused extensive concern worldwide. Existing literature on the relationship between foreign direct investment (FDI) and environmental pollution has, however, seldom taken into account spatial effects. Addressing this gap, this paper investigated the spatial agglomeration effects and dynamics at work in FDI and environmental pollution (namely, in waste soot and dust, sulfur dioxide, and wastewater) in 285 Chinese cities during the period 2003-2014, using global and local measures of spatial autocorrelation. Our results showed significant spatial autocorrelation in FDI and environmental pollution levels, both of which demonstrated obvious path dependence characteristics in their geographical distribution. A range of agglomeration regions were observed. The high-value and low-value agglomeration areas of FDI were not fully consistent with those of environmental pollution. This result indicates that higher inflows of FDI did not necessarily lead to greater environmental pollution from a geographic perspective, and vice versa. Spatial panel data models were further adopted to explore the impact of FDI on environmental pollution. The results of a spatial lag model (SLM) and a spatial error model (SEM) revealed that the inflow of FDI had distinct effects on different environmental pollutants, thereby confirming the Pollution Heaven Hypothesis and Pollution Halo Hypothesis. The inflow of FDI was found to have reduced waste soot and dust pollution to a certain extent, while it increased the degree of wastewater and sulfur dioxide pollution. The findings set out in this paper hold significant implications for Chinese environmental pollution protection. Copyright © 2017 Elsevier B.V. All rights reserved.

  12. 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.

  13. Liability for the nuclear risk

    International Nuclear Information System (INIS)

    Faure, M.; Govaerts, P.; Malbrain, C.; Veuchelen, L.; Spriet, B.

    1993-01-01

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs

  14. Liability for oil spill damages: issues, methods, and examples

    International Nuclear Information System (INIS)

    Grigalunas, T.A.; Opaluch, J.J.; Diamantides, J.; Mazzotta, M.

    1998-01-01

    Liability is an important incentive-based instrument for preventing oil spills and provides a sustainable approach for restoring coastal resources injured by spills. However, the use of liability for environmental damages raises many challenges, including quantification of money measures of damages. In this article, case studies are used to illustrate the issues, methods, and challenges associated with assessing a range of damages, from those that can be measured relatively easily using market information to more 'esoteric', and much more difficult, cases involving non-market-valued losses. Also discussed are issues raised by the new national and international regulatory focus on restoration and by the simplified, compensatory formula used by some states. (author)

  15. The nuclear liability conventions revised

    International Nuclear Information System (INIS)

    Reyners, P.

    2004-01-01

    The signature on 12 February 2004 of the Protocols amending respectively the 1960 Paris Convention and the 1963 Brussels Supplementary Convention was the second step of the process of modernisation of the international nuclear liability regime after the adoption in September 1997 of a Protocol revising the 1963 Vienna Convention and of a new Convention on Supplementary Compensation for Nuclear Damage. The common objective of the new instruments is to provide more funds to compensate a larger number of potential victims in respect of a broader range of damage. Another goal of the revision exercise was to maintain the compatibility between the Paris and Vienna based systems, a commitment enshrined in the 1988 Joint Protocol, as well as to ascertain that Paris/Brussels countries could also become a Party to the Convention on Supplementary Compensation. However, while generally consistent vis a vis the Joint Protocol, the provisions of the Paris and Vienna Conventions, as revised, differ on some significant aspects. Another remaining issue is whether the improved international nuclear liability regime will succeed in attracting in the future a larger number of countries, particularly outside Europe, and will so become truly universal. Therefore, the need for international co-operation to address these issues, to facilitate the adoption of new implementing legislation and to ensure that this special regime keeps abreast of economic and technological developments, is in no way diminished after the revision of the Conventions.(author)

  16. Nuclear civil liability international system. Evolution prospects

    International Nuclear Information System (INIS)

    Reyners, P.

    1996-01-01

    This paper sets out the necessity of a special system of international conventions in the scope of nuclear civil liability. Then the main principles of the conventions in Paris and Vienna are described. Recently, works have been carried out in order to improve and modernize the civil liability system. (TEC). 4 tabs

  17. Liability for nuclear damage and compensation therefor

    International Nuclear Information System (INIS)

    Prochazkova, D.

    1996-01-01

    The basic principles are outlined of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, the Brussels Convention Supplementary to the Paris Convention, the Vienna Convention on Civil Liability for Nuclear Damage, and the Joint Protocol Relating to the Application of the Paris Convention and the Vienna Convention. (P.A.)

  18. Environmental determinants of cardiovascular diseases risk factors: a qualitative directed content analysis.

    Science.gov (United States)

    Sabzmakan, Leila; Mohammadi, Eesa; Morowatisharifabad, Mohammad Ali; Afaghi, Ahmad; Naseri, Mohammad Hassan; Mirzaei, Masoud

    2014-05-01

    Cardiovascular diseases (CVDs) are the number one cause of death in the world. In most analyses of health problems, environment plays a significant and modifiable role in causing the problem either directly or indirectly through behavior. This study aims to understand the patients and healthcare providers' experiences about the environmental determinants of CVD risk factors based on the Precede Model. This qualitative study conducted over six months in 2012 at Diabetes Units of Health Centers associated with Alborz University of Medical Sciences and Health Services which is located in Karaj, Iran. The data were collected based on individual semi-structured interviews with 50 patients and 12 healthcare providers. Data analysis was performed simultaneous with data collection using the content analysis directed method. Lack of behaviors like stress control, healthy eating and physical activity were the roots of the risk factors for CVD. The environmental factor is one of the barriers for conducting these behaviors. The environmental barriers included of structural environment including "availability and accessibility of health resources", "new skills", and "law and policies" which are located in enabling category and social environment including "social support", "motivation to comply" and "consequences of behavior" which are located in reinforcing category. The most barriers to performing health behaviors were often structural. The environmental factors were barriers for doing healthy behaviors. These factors need to be considered to design health promotion interventions. Policymakers should not only focus on patients' education but also should provide specific facilities to enhance economic, social and cultural status.

  19. Effectiveness of Existing International Nuclear Liability Regime

    International Nuclear Information System (INIS)

    Al-Doais, Salwa; Kessel, Daivd

    2015-01-01

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  20. Effectiveness of Existing International Nuclear Liability Regime

    Energy Technology Data Exchange (ETDEWEB)

    Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)

    2015-10-15

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  1. Liability and Insurance for Suborbital Flights

    Science.gov (United States)

    Masson-Zwaan, T.

    2012-01-01

    This paper analyzes and compares liability and liability insurance in the fields of aviation and spaceflight in order to propose solutions for a liability regime and insurance options for suborbital flights. Suborbital flights can be said to take place in the grey zone between air and space, between air law and space law, as well as between aviation insurance and space insurance. In terms of liability, the paper discusses air law and space law provisions in the fields of second and third party liability for damage to passengers and 'innocent bystanders' respectively, touching upon international treaties, national law and EU law, and on insurance to cover those risks. Although the insurance market is currently not ready to provide tailor-made products for operators of suborbital flights, it is expected to adapt rapidly once such flights will become reality. A hybrid approach will provide the best solution in the medium term.

  2. The relative weights of direct and indirect experiences in the formation of environmental risk beliefs.

    Science.gov (United States)

    Viscusi, W Kip; Zeckhauser, Richard J

    2015-02-01

    Direct experiences, we find, influence environmental risk beliefs more than the indirect experiences derived from outcomes to others. This disparity could have a rational basis. Or it could be based on behavioral proclivities in accord with the well-established availability heuristic or the vested-interest heuristic, which we introduce in this article. Using original data from a large, nationally representative sample, this article examines the perception of, and responses to, morbidity risks from tap water. Direct experiences have a stronger and more consistent effect on different measures of risk belief. Direct experiences also boost the precautionary response of drinking bottled water and drinking filtered water, while indirect experiences do not. These results are consistent with the hypothesized neglect of indirect experiences in other risk contexts, such as climate change. © 2014 Society for Risk Analysis.

  3. Genetic Variation in Schizophrenia Liability is Shared With Intellectual Ability and Brain Structure.

    Science.gov (United States)

    Bohlken, Marc M; Brouwer, Rachel M; Mandl, René C W; Kahn, René S; Hulshoff Pol, Hilleke E

    2016-09-01

    Alterations in intellectual ability and brain structure are important genetic markers for schizophrenia liability. How variations in these phenotypes interact with variance in schizophrenia liability due to genetic or environmental factors is an area of active investigation. Studying these genetic markers using a multivariate twin modeling approach can provide novel leads for (genetic) pathways of schizophrenia development. In a sample of 70 twins discordant for schizophrenia and 130 healthy control twins, structural equation modeling was applied to quantify unique contributions of genetic and environmental factors on human brain structure (cortical thickness, cortical surface and global white matter fractional anisotropy [FA]), intellectual ability and schizophrenia liability. In total, up to 28.1% of the genetic variance (22.8% of total variance) in schizophrenia liability was shared with intelligence quotient (IQ), global-FA, cortical thickness, and cortical surface. The strongest contributor was IQ, sharing on average 16.4% of the genetic variance in schizophrenia liability, followed by cortical thickness (6.3%), global-FA (4.7%) and cortical surface (0.5%). Furthermore, we found that up to 57.4% of the variation due to environmental factors (4.6% of total variance) in schizophrenia was shared with IQ (34.2%) and cortical surface (13.4%). Intellectual ability, FA and cortical thickness show significant and independent shared genetic variance with schizophrenia liability. This suggests that measuring brain-imaging phenotypes helps explain genetic variance in schizophrenia liability that is not captured by variation in IQ. © The Author 2016. Published by Oxford University Press on behalf of the Maryland Psychiatric Research Center. All rights reserved. For permissions, please email: journals.permissions@oup.com.

  4. Apportioning liability for transborder damages

    International Nuclear Information System (INIS)

    Krause-Ablass, W.-D.

    1988-01-01

    The legal situation in the case of cross border damage being caused by reactor accidents or transportation of nuclear material through more than one country is analysed. Two questions have to be asked - which country's courts have jurisdiction over the claims for damage? and which law is applicable? In considering the jurisdiction problem, the Paris and Vienna Conventions are discussed and also other rules of jurisdiction. The way the law is applicable is discussed in the second section. When the action for liability is based on the Paris or Vienna Convention the issue of reciprocity may arise and this is discussed. After a nuclear incident a potential plaintiff may have a choice amongst various jurisdictions and various available laws. Success may depend on the right choice of the forum chosen. This is illustrated by two examples. (U.K.)

  5. Financial security for nuclear liability

    International Nuclear Information System (INIS)

    Francis, H.W.

    1979-01-01

    In almost every country where nuclear insurance pools operate, except for the United States, national nuclear legislation is either based on the principles of the Paris and Vienna nuclear third party liability conventions or is strongly influenced by them. The most important feature of this legislation is the absolute liabilityy of the operator, which simplifies the insurance process by avoiding duplication of cover and minimising the possibility of complex legal questions arising in case of an incident. The paper describes the arrangements for provision of financial security, the prescription period, insurance requirements, legal costs etc. Also, problems connected with the insurance of two or more installations on the same site are analysed. (NEA) [fr

  6. 1986 Agreement on third party liability in the nuclear field

    International Nuclear Information System (INIS)

    1986-01-01

    This Agreement intends to facilitate the settlement of disputes, if they are due to an event (caused by the peaceful utilisation of nuclear energy) which occurs on the territory of one State and gives rise to damage on the territory of the other State. Unlike the Federal Republic of Germany, Switzerland has neither ratified the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy nor the Brussels Supplementary Convention of 31st January 1963. This might result in diverging interpretations by the German and Swiss courts, in particular, regarding the competent courts and the laws applicable if a third party liability problem were to arise between both countries. The Agreement therefore aims to settle these matters directly by treaty between the States before the courts are confronted by an occurrence of damage and have to seek a solution which conforms to international private law. (NEA) [fr

  7. Status of health and environmental research relative to direct coal liquefaction: 1976 to the present

    Energy Technology Data Exchange (ETDEWEB)

    Gray, R.H.; Cowser, K.E. (eds.)

    1982-06-01

    This document describes the status of health and environmental research efforts, supported by the US Department of Energy (DOE), to assist in the development of environmentally acceptable coal liquefaction processes. Four major direct coal liquefaction processes are currently in (or have been investigated at) the pilot plant stage of development. Two solvent refined coal processes (SRC-I and -II), H-coal (a catalytic liquefaction process) and Exxon donor solvent (EDS). The Pacific Northwest Laboratory was assigned responsibility for evaluating SRC process materials and prepared comprehensive health and environmental effects research program plans for SRC-I and -II. A similar program plan was prepared for H-coal process materials by the Oak Ridge National Laboratory. A program has been developed for EDS process materials by Exxon Research and Engineering Co. The program includes short-term screening of coal-derived materials for potential health and ecological effects. Longer-term assays are used to evaluate materials considered most representative of potential commercial practice and with greatest potential for human exposure or release to the environment. Effects of process modification, control technologies and changing operational conditions on potential health and ecological effects are also being evaluated. These assessments are being conducted to assist in formulating cost-effective environmental research programs and to estimate health and environmental risks associated with a large-scale coal liquefaction industry. Significant results of DOE's health and environmental research efforts relative to coal liquefaction include the following: chemical characterization, health effects, ecological fate and effects, amelioration and risk assessment.

  8. Financing long term liabilities (Germany)

    International Nuclear Information System (INIS)

    2003-01-01

    In Germany the basis for the management of radioactive residues is the polluter-pays principle. All steps of treatment of radioactive waste arising from operation, decommissioning and dismantling including conditioning, interim storage and disposal of radioactive waste have to be financed by the waste producers. The waste producers are responsible for the harmless recycling of the residues or for their orderly management as radioactive waste. The Federal Government is responsible for establishing disposal facilities. Accordingly the waste producers are constructing and operating facilities in which the radioactive residues can be treated and stored until their disposal. As far as the radioactive waste cannot be stored by the producer, waste originating from research, medicine and industry can be stored in surface storage facilities of the federal states. Spent fuel from German NPPs is partly reprocessed in France and UK. The rest has to be disposed off directly in deep geologic formations. Until a repository for spent fuel is available in Germany spent fuel will be stored in interim storage facilities on the sites of the NPPs. The storage will take place in casks in a dry way. In exceptional cases, if the storage at a NPP site is not possible, there are two central storages at Ahaus and Gorleben which are in operation and can be made available as reserve. Radioactive waste returning from the reprocessing of German spent fuel in France and UK is stored in the Gorleben central storage. The Federal Government is aiming to establish a repository in deep geological formations about the year 2030 which shall be available for all types and quantities of radioactive waste. The necessary expenses for the planning and construction of radioactive waste disposal facilities are initially carried by the Federal Government. The Government recovers the costs by contributions or advance payments from the waste producers. The use of storage and disposal facilities is financed by

  9. Improvement of nuclear third party liability system

    International Nuclear Information System (INIS)

    Kim, S. W.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

    2001-01-01

    A special regime for nuclear third party liability is necessary since the ordinary common law is not well suited to deal with the particular problems in the field of nuclear industry. The basic principles of this regime is i) strict liability (other than traditional fault liability), ii) channelling and the exclusive liability of operator, iii) compulsory financial security, iv) limits on liability in amount and in time v) intervention by the state, etc. In Korea, a revision was made to the Nuclear Damage Compensation Act on 16th January, 2001. The revision aimed at the reflection of the spirit of the new Vienna Convention on Nuclear Liability (1997) such as i) limit of liability to an amount of 300mil SDR, ii) increase of the level of financial protection (in the presidential decree, the 'Phasing-In' system would be introduced), iii) Extension of the definition 'nuclear damage', iv) extension of the scope of application to EEZ, v) deletion of 'natural calamity' from the causes of immunity, vi) extension of prescription period for personal injury to a length of 30 year

  10. An overview of the international regime governing liability for nuclear damage

    International Nuclear Information System (INIS)

    Sturms, W.; Reye, S.

    1995-01-01

    Since 1986, the IAEA has been seized with considerations of all aspects of international nuclear liability, with a view to establishing a comprehensive international regime that would obtain widest adherence. The practical work is currently being done in the IAEA Standing Committee on Liability for Nuclear Damage. The efforts, which were first concentrated on the improvement of the existing civil liability regime, resulted in adoption, in 1988, of the Joint Protocol to the Vienna Convention and the Paris Convention, combining them into one expanded regime. At present, the work is focused on the following questions: (a) Revision of the Vienna Convention: In this context, specific draft amendments are considered relating to some key issues where need for improvement has been recognized, such as geographical scope, application to military installations, expansion of the definition of damage to cover environmental damage, preventative measures and consequential losses, increase of liability limits, provision of funds by the Installation State, extension of time limits for submission of claims, restriction of exonerations, etc. (b) International State liability and its relationship with the civil liability regime: Emphasis is placed on proposals for Installation State involvement in the provision of public funds in addition to compensation paid by the operator. (c) Elaboration of a supplementary funding system to cover damage exceeding compensation available under the Vienna and Paris Conventions

  11. Environmental quality of Italian marine water by means of marine strategy framework directive (MSFD descriptor 9.

    Directory of Open Access Journals (Sweden)

    Chiara Maggi

    Full Text Available ISPRA, on behalf of the Italian Ministry of Environment, carried out the initial assessment of environmental quality status of the 3 Italian subregions (Mediterranean Sea Region on Descriptor 9. The approach adopted to define the GES started to verify that contaminants in fish and other seafood for human consumption did not exceed levels established by Community legislation (Reg. 1881/2006 and further updates. As the Marine Strategy Framework Directive (MSFD requires to use health tools to assess the environment, Italy decided to adopt a statistical range of acceptance of thresholds identified by national (D.Lgs. 152/2006 concerning water quality required for mussel farms and international legislation (Reg. 1881/2006 and further updates, which allowed to use the health results and to employ them for the assessment of environmental quality. Italy proposed that Good Environmental Status (GES is achieved when concentrations are lower than statistical range of acceptance, estimated on samples of fish and fishery products coming from only national waters. GIS-based approach a to perform different integration levels for station, cell's grid and years, was used; the elaborations allowed to judge the environmental quality good.

  12. Environmental Measurement-While-Drilling System and Horizontal Directional Drilling Technology Demonstration, Hanford Site

    International Nuclear Information System (INIS)

    Williams, C.V.; Lockwood, G.J.; Normann, R.A.; Myers, D.A.; Gardner, M.G.; Williamson, T.; Huffman, J.

    1999-01-01

    The Environmental Measurement-While-Drilling (EMWD) system and Horizontal Directional Drilling (HDD) were successfully demonstrated at the Mock Tank Leak Simulation Site and the Drilling Technology Test Site, Hanford, Washington. The use of directional drilling offers an alternative to vertical drilling site characterization. Directional drilling can develop a borehole under a structure, such as a waste tank, from an angled entry and leveling off to horizontal at the desired depth. The EMWD system represents an innovative blend of new and existing technology that provides the capability of producing real-time environmental and drill bit data during drilling operations. The technology demonstration consisted of the development of one borehole under a mock waste tank at a depth of approximately minus8 m (minus27 ft.), following a predetermined drill path, tracking the drill path to within a radius of approximately1.5 m (5 ft.), and monitoring for zones of radiological activity using the EMWD system. The purpose of the second borehole was to demonstrate the capability of drilling to a depth of ∼ -21 m (-70 ft.), the depth needed to obtain access under the Hanford waste tanks, and continue drilling horizontally. This report presents information on the HDD and EMWD technologies, demonstration design, results of the demonstrations, and lessons learned

  13. Management, regulation and environmental impacts of nitrogen fertilization in northwestern Europe under the Nitrates Directive

    DEFF Research Database (Denmark)

    van Grinsven, H.J.M.; ten Berge, H.F.M.; Dalgaard, Tommy

    2012-01-01

    Implementation of the Nitrates Directive (NiD) and its environmental impacts were compared for member states in the northwest of the European Union (Ireland, United Kingdom, Denmark, the Netherlands, Belgium, Northern France and Germany). The main sources of data were national reports for the third....... Issues of concern and improvement of the implementation of the NiD are accounting for the fertilizer value of nitrogen in manure, and relating application limits for total nitrogen (N) to potential crop yield and N removal. The most significant environmental effect of the implementation of the NiD since...... reports which can amount to more than 50 kgNha-1 yr-1. Differences between procedures in member states to assess nitrogen balances and water quality and a lack of cross-boundary policy evaluations are handicaps when benchmarking the effectiveness of the NiD. This provides a challenge for the European...

  14. Foreign direct investment, institutional development, and environmental externalities: evidence from China.

    Science.gov (United States)

    Wang, Danny T; Chen, Wendy Y

    2014-03-15

    The question of how foreign direct investment (FDI) affects a host country's natural environment has generated much debate but little consensus. Building on an institution-based theory, this article examines how the institutional development of a host setting affects the degree of FDI-related environmental externalities in China (specifically, industrial sulfur dioxide emissions). With a panel data set of 287 Chinese cities, over the period 2002-2009, this study reveals that FDI in general induces negative environmental externalities. Investments from OECD countries increase sulfur dioxide emissions, whereas FDI from Hong Kong, Macau, and Taiwan shows no significant effect. Institutional development reduces the impacts of FDI across the board. By focusing on the moderating role of institutions, this study sheds new light on the long-debated relationships among FDI, institutions, and the environments of the host countries. Copyright © 2014 Elsevier Ltd. All rights reserved.

  15. Electronuclear Park, Privatization and Civil Strict Liability

    International Nuclear Information System (INIS)

    Mondello, Gerard Camille

    2008-01-01

    The civil strict liability regime of the electronuclear industry is a fundamental variable for preventing risk. Because prices of other energies as oil or gas are becoming higher and unpredictable, nuclear power becomes cost-effective and may favour the partial privatization of nuclear parks. By considering theoretical traditional liability models, we study the conditions that ensure the most efficient safety level when comparing natural monopoly situation and Bertrand duopoly. Our results are that natural monopoly is safer than duopoly only when strict liability is fully applied. We define conditions that neutralize risk for applying some privatization plan to nuclear park

  16. An Introduction to "My Environmental Education Evaluation Resource Assistant" (MEERA), a Web-Based Resource for Self-Directed Learning about Environmental Education Program Evaluation

    Science.gov (United States)

    Zint, Michaela

    2010-01-01

    My Environmental Education Evaluation Resource Assistant or "MEERA" is a web-site designed to support environmental educators' program evaluation activities. MEERA has several characteristics that set it apart from other self-directed learning evaluation resources. Readers are encouraged to explore the site and to reflect on the role that…

  17. Joint liability lending and the peer selection effect

    NARCIS (Netherlands)

    Gangopadhyay, S; Ghatak, M; Lensink, R

    2005-01-01

    We show that the joint liability lending contracts derived in Ghatak (2000) violate an ex post incentive-compatibility constraint which says that the amount of joint liability cannot exceed the amount of individual liability. We derive and characterise optimal separating joint liability contracts

  18. Improving Robustness against Environmental Sounds for Directing Attention of Social Robots

    DEFF Research Database (Denmark)

    Thomsen, Nicolai Bæk; Tan, Zheng-Hua; Lindberg, Børge

    2015-01-01

    This paper presents a multi-modal system for finding out where to direct the attention of a social robot in a dialog scenario, which is robust against environmental sounds (door slamming, phone ringing etc.) and short speech segments. The method is based on combining voice activity detection (VAD......) and sound source localization (SSL) and furthermore apply post-processing to SSL to filter out short sounds. The system is tested against a baseline system in four different real-world experiments, where different sounds are used as interfering sounds. The results are promising and show a clear improvement....

  19. Including district heating pipelines in absolute liability laws

    Energy Technology Data Exchange (ETDEWEB)

    Gronau, W

    1977-10-01

    On January 1, 1978 the provisions of the Act Amending the Rules of Liability Damages have entered into force. Formally this means that the provisions of the Reich Liability Act (Reichshaftpflichtgesetz, RHG) and those of the Act on Liability with Respect to Property Damage of Railways and Tramways (SHG) are now combined under the new term of Liability Act (Haftpflichtgesetz). In material terms it means that the district heat industry with its supply pipelines is subject to absolute liability. This creates a liability situation for this industry which has been existing for the electricity and gas industries since 1943 as a result of an amendment of the Reich Liability Act.

  20. Progress towards a global nuclear liability regime

    International Nuclear Information System (INIS)

    2014-01-01

    During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

  1. Liability exposure for surgical robotics instructors.

    Science.gov (United States)

    Lee, Yu L; Kilic, Gokhan; Phelps, John Y

    2012-01-01

    Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks. Published by Elsevier Inc.

  2. Alcohol on Campus and Possible Liability.

    Science.gov (United States)

    Buchanan, E. T.

    1983-01-01

    Reviews laws and court cases relating to alcohol and possible civil and criminal liability. Suggests a number of risk management principles, including knowledge of the law, policies forbidding hazing, fostering alcohol awareness, and discipline. (JAC)

  3. Should nuclear liability limits be removed. Yes

    International Nuclear Information System (INIS)

    Haas, L.

    1985-01-01

    Arguing in favor of unlimited liability in the event of a nuclear accident, the author cites a mathematical probability of a core meltdown in the US as 45% during the next 20 years. The liability insurance carried by the nuclear industry is less than for large hotels and industrial parks, and is only a small fraction of the potential costs of damage and compensation. If nuclear technology is safe, limits are not needed. If liability is limited, it removes the incentive to improve safety and sends inaccurate price signals to utilities choosing among competing technologies. There is also the ethical aspect of shifting liability costs from ratepayers and stockholders to accident victims and general taxpayers. There are other ways to finance nuclear risks, such as a sinking fund, the removal of the nuclear exclusion in property insurance policies, and annual retrospective assessments per reactors

  4. Roadway related tort liability and risk management.

    Science.gov (United States)

    2010-06-01

    This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

  5. Optimization of the company tax liability

    OpenAIRE

    Jelínková, Blanka

    2010-01-01

    This thesis introduces the tax system of the Czech Republic. The corporate income tax in particular is specified in bigger detail. Its basic structural elements are described with the focus on the transformation of the accountable profit to the tax base. The practical part is divided into chapters, each of which deals with the optimization of the amount of the real tax liability. The content, instruments mentioned and methods for decreasing company tax liability applied suggest this work more...

  6. Asset liability management using stochastic programming

    OpenAIRE

    Pirbhai, M; Mitra, G; Kyriakis, T

    2003-01-01

    This chapter sets out to explain an important financial planning model called asset liability management (ALM); in particular, it discusses why in practice, optimum planning models are used. The ability to build an integrated approach that combines liability models with that of asset allocation decisions has proved to be desirable and more efficient in that it can lead to better ALM decisions. The role of uncertainty and quantification of risk in these planning models is con...

  7. Nuclear liability, nuclear safety, and economic efficiency

    International Nuclear Information System (INIS)

    Wood, W.C.

    1980-01-01

    This dissertation applies the methods of economic analysis to nuclear liability and Price-Anderson. First the legislative history is reviewed; in that history the economic role of liability in affecting safety and allocating risk was virtually ignored. Succeeding chapters reformulate issues from the policy debate and subject them to economic analysis. A persistent issue is whether nuclear utilities respond to their limited liability by allowing a higher probability of serious accident. Comparative-static analysis shows that limited liability does lead to a higher chance of accidents, though the effect may be small. The analysis also shows that safety is achieved in a more capital-intensive manner than is cost-minimizing and that limited liability causes reactor owners to favor more heavily populated sites for plants. Therefore, the siting decision makes potential loss greater even if there is no change in the probability of an accident. Citizens' preferences on nuclear liability are examined next, starting with the nature of coverage that would be just in the sense of contraction theories such as John Rawls' Theory of Justice. Citizens behind Rawls' veil of ignorance, forced to be fair because of their ignorance of whether they will be harmed, unanimously choose a high level of coverage. The just level of coverage is greater than the existing $560 million. Second, the nature of economically efficient liability coverage is determined and contrasted with coverage that would emerge from a democratic system of public choice. Population and expected damage profiles indicate that majorities could easily be formed among groups of citizens expecting to suffer little of the damage of a nuclear accident. Thus, majority voting on liability arrangements is likely to produce an inefficiently low level of coverage

  8. Liability for nuclear damage. An international perspective

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    The book deals with some of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on this experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may be fully intelligible for those who have not participated in or closely followed in Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states the engage their liability; conflict of interests between nuclear and non-nuclear states has been manifested. After three years of discussion no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structures of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issues, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

  9. New Trends in European Nuclear Liability Law

    International Nuclear Information System (INIS)

    Getz, H.; Steinkemper, M.H.

    1981-10-01

    This paper analyses recent developments in nuclear liability legislation in Europe. The first part deals with the planned revision of the Paris Convention and the Brussels Supplementary Convention; the second part focuses on the reforms envisaged in the field in Switzerland and in the Federal Republic of Germany, in particular concerning unlimited liability. Finally, the author concludes that national reform plans and work at international level are not opposed, but supplementary activities. (NEA) [fr

  10. Environmental Assisted Fatigue Evaluation of Direct Vessel Injection Piping Considering Thermal Stratification

    International Nuclear Information System (INIS)

    Kim, Taesoon; Lee, Dohwan

    2016-01-01

    As the environmentally assisted fatigue (EAF) due to the primary water conditions is to be a critical issue, the fatigue evaluation for the components and pipes exposed to light water reactor coolant conditions has become increasingly important. Therefore, many studies to evaluate the fatigue life of the components and pipes in LWR coolant environments on fatigue life of materials have been conducted. Among many components and pipes of nuclear power plants, the direct vessel injection piping is known to one of the most vulnerable pipe systems because of thermal stratification occurred in that systems. Thermal stratification occurs because the density of water changes significantly with temperature. In this study, fatigue analysis for DVI piping using finite element analysis has been conducted and those results showed that the results met design conditions related with the environmental fatigue evaluation of safety class 1 pipes in nuclear power plants. Structural and fatigue integrity for the DVI piping system that thermal stratification occurred during the plant operation has conducted. First of all, thermal distribution of the piping system is calculated by computational fluid dynamic analysis to analyze the structural integrity of that piping system. And the fatigue life evaluation considering environmental effects was carried out. Our results showed that the DVI piping system had enough structural integrity and fatigue life during the design lifetime of 60 years

  11. 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

  12. Liability rules for international trading of greenhouse gas emissions quotas

    DEFF Research Database (Denmark)

    Haites, E.; Missfeldt, F.

    2001-01-01

    To reduce the costs of mitigating greenhouse gas emissions in accordance with the Kyoto protocol, international trades of emissions quotas are allowed. The revenue from the sale of quotas may exceed the sanctions for non-compliance if these penalties are weak or poorly enforced. Under...... these circumstances emissions trading enables a country to benefit financially through non-compliance. To counter non-compliance due to trading a range of liability proposals have been suggested. Using a simple global model, we analyze the economic and environmental performance of these proposals for the first...

  13. ACCRUAL OF LIABILITIES AND CONTINGENT ASSETS

    Directory of Open Access Journals (Sweden)

    Elena Ilie

    2011-12-01

    Full Text Available International Financial Reporting Standards together with Public Sector Accounting Standards are based on professional reasoning by appealing to principles that can lead to several solutions for a certain problem. In this respect Romanian economic mechanisms have a high level of rigidity in the implementation of accounting concepts and principles so that it is important to highlight the aspects that generate added value in the current economic climate. Even since 2005 the harmonization of Romanian accounting with the directives of International Accounting Standards, which came to support the harmonization of rules and principles concerning the development of annual financial statements of public institutions, is the most important and essential challenge for administrative environment. Assets and contingent liabilities are elements which in terms of the law cannot be included in the assets of a public institution that is why accounting of these elements must be performed using special off-balance sheet accounts. The purpose of this work emphasizes the opportunity and the recognition of economic events whose elements should be reflected in balance sheet, but also the appropriate and necessary moment of making entries over special accounts off the balance sheet in accordance with IPSAS 19.

  14. BNFL nuclear decommissioning liabilities management program

    International Nuclear Information System (INIS)

    Colquhoun, A.P.

    1995-01-01

    The objective of this paper is to describe BNFL's policy and strategy for decommissioning and also to summarize the overall scope of nuclear liabilities in the wider field of waste retrieval and storage, as well as the dismantling and demolition aspects of decommissioning. BNFL's recently established organisational arrangements for discharging all types of these liabilities are explained, together with a review of practical progress in dealing with them. Organisational changes in recent years have amalgamated decommissioning work with operations covering waste storage and retrieval operations. A strategy of minimising residual activity in shutdown plants is pursued, followed by dismantling and demolition on appropriate time scales to minimise risk and cost. Since April 1995, a new BNFL subsidiary, Nuclear Liabilities Management Company Limited has taken responsibility for discharge of BNFL's Waste Retrieval and Decommissioning liabilities on all BNFL sites. NLM has the objectives of optimal and lowest cost management of liabilities and much clearer segregation of physical operations from project specification and planning. The Ministry of Defense (MoD) policy, strategy, work programmes and progress for the Atomic Weapons Establishment (AWE) are also outlined. MoD/AEA has established an equivalent strategy for dealing with its liabilities. (J.S.). 5 refs., 2 figs., 4 appends

  15. Chernobyl: Lessons in nuclear liability

    International Nuclear Information System (INIS)

    Kwaczek, A.S.; Mooney, S.; Kerr, W.A.

    1990-01-01

    Chernobyl dumped significant quantities of radioactive fallout as far as 1,300 miles away, causing severe economic loss in nations stretching from Sweden to Greece. It cost innocent sheep growers in Wales, fishermen in Switzerland, reindeer-dependent Laplanders in Norway, dairymen in Sweden and Austria, and cheese makers in Greece. European nations have calculated costs from deposition of nuclear materials in the hundreds of millions report the authors. The accident at chernobyl and the European experience with the consequences can offer several insights relevant to the US commercial nuclear industry, the authors note: (1) the aggregate effect of such an accident is extremely large and unpredictable; (2) adequate disaster planning can significantly reduce costs and ease the disruption; and (3) the experience raises questions about the adequacy of the nation's nuclear insurance and liability programs. given the number of commissioned nuclear reactors today, the present scheme would provide financial compensation of approximately $7 billion per incident. Depending on the circumstances, the authors say this may not be sufficient

  16. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  17. Common Purpose Liability versus Joint Enterprise: A Practical View on the ICC's Hierarchy of Liability Theories

    NARCIS (Netherlands)

    Cupido, M.

    2016-01-01

    On 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory

  18. Coexistence or Conflict? A European Perspective on GMOs and the Problem of Liability

    Science.gov (United States)

    Rodgers, Christopher P.

    2007-01-01

    In March 2004, the U.K. government announced its intention to grant limited authorization for the growing of commercial genetically modified (GM) crops. This article reviews the potential liabilities that may arise from GM cropping, for environmental damage and for economic losses claimed by non-GM producers. It considers the application of the…

  19. Recent Accomplishments and Future Directions in US Fusion Safety & Environmental Program

    Energy Technology Data Exchange (ETDEWEB)

    David A. Petti; Brad J. Merrill; Phillip Sharpe; L. C. Cadwallader; L. El-Guebaly; S. Reyes

    2006-07-01

    The US fusion program has long recognized that the safety and environmental (S&E) potential of fusion can be attained by prudent materials selection, judicious design choices, and integration of safety requirements into the design of the facility. To achieve this goal, S&E research is focused on understanding the behavior of the largest sources of radioactive and hazardous materials in a fusion facility, understanding how energy sources in a fusion facility could mobilize those materials, developing integrated state of the art S&E computer codes and risk tools for safety assessment, and evaluating S&E issues associated with current fusion designs. In this paper, recent accomplishments are reviewed and future directions outlined.

  20. Environmental costs of a river watershed within the European water framework directive: Results from physical hydronomics

    International Nuclear Information System (INIS)

    Martinez, A.; Uche, J.; Valero, A.; Valero-Delgado, A.

    2010-01-01

    Physical hydronomics (PH) is the specific application of thermodynamics that physically characterizes the governance of water bodies, i.e., the Water Framework Directive (WFD) for European Union citizens. In this paper, calculation procedures for the exergy analysis of river basins are developed within the WFD guidelines and a case study is developed. Therefore, it serves as an example for the feasible application of PH in the environmental cost assessment of water bodies, accordingly to the principle of recovery of the costs related to water services in accordance with the polluter pays principle, one of the milestones of the WFD. The Foix River watershed, a small river located at the Inland Basins of Catalonia (IBC), has been analyzed. Main results, difficulties, and constraints encountered are shown in the paper. Following WFD's quantity and quality objectives previously defined, water costs are calculated and the equivalence between the exergy loss due to water users and the exergy variation along the river are also analyzed.

  1. Environmental impact and risk analysis of direct disposal of spent fuel as compared to reprocessing

    International Nuclear Information System (INIS)

    Vuori, S.; Peltonen, E.; Vira, J.

    1984-01-01

    It is important to put the estimated environmental impacts and radiation exposures of alternatives considered into perspective with each other as well as with similar man-made or natural exposures taking into account all the stages of the pertinent fuel cycles and all relevant impact factors. The likely differences in safety between the reprocessing case and the direct disposal case are not very significant taking into account the uncertainties involved in the analyses and the problems of value judgement in the comparison of different types of impacts. Furthermore the difference of costs of measures to achieve a desired level of safety in each case should be considered in view of the other cost impacts arising from the choice of the fuel cycle

  2. Financing investment in environmentally sound technologies: Foreign direct investment versus foreign debt finance

    International Nuclear Information System (INIS)

    Anyangah, Joshua Okeyo

    2010-01-01

    This paper develops a screening model to examine the relationship between alternative sources of private capital and investment in environmentally sound technologies (ESTs). In the model, a polluter (agent) must secure investment funds from the international financial markets in order to upgrade its production and abatement technology. The requisite capital can be obtained via either market loans (debt finance) or foreign direct investment (FDI). Under debt finance, the foreign financier supplies only capital and the relationship between the two parties is more 'arms-length'. By contrast, under FDI, the investor delivers both capital and managerial skills. We use the model to derive the implications of debt finance for optimal investment decisions and compare them to those obtained under FDI. Investment incentives are more pronounced under debt finance. (author)

  3. Toward Post-Sovereign Environmental Governance? Politics, Scale, and EU Water Framework Directive

    Directory of Open Access Journals (Sweden)

    Corey Johnson

    2012-02-01

    Full Text Available The EU Water Framework Directive (EUWFD of 2000 requires that all EU member states "protect, enhance and restore" rivers to attain good surface water quality by 2015. To achieve this mandate, member states divide themselves into watershed basins (River Basin Districts for the purposes of monitoring and remediation, even if those districts cross international borders. This paper examines three key elements of the rescaling of governance along watershed lines. First, I draw on a cross section of literatures on territoriality of the state and the changing regulation of nature to argue that analyses of the EU tend to privilege the nation-state as an ontological starting point. Second, the EUWFD as a rescaling of environmental gCorey Johnsonvernance is explored. The third element of the paper considers the relationship between the de- and re-territorialisation of environmental governance on the one hand, and the changing character of sovereignty in the EU on the other. On this basis, the paper argues that the EUWFD represents a hybrid form of territoriality that is changing the political geography of the European Union and that the redrawing of political-administrative scales along physical geographical lines provides evidence of the emergence of a new, non-nested scalar politics of governance in Europe.

  4. Management, regulation and environmental impacts of nitrogen fertilization in Northwestern Europe under the Nitrates Directive

    DEFF Research Database (Denmark)

    van Grinsven, H.; ten Berge, H.; Dalgaard, Tommy

    2012-01-01

    Implementation of the Nitrates Directive (NiD) and its environmental impacts were compared for member states in the Northwest of the European Union (Ireland, UK, Denmark, The Netherlands, Belgium, Northern France and Germany). The main sources of data were national reports for the third reporting......D remains an important piece of legislation for protecting drinking water quality in regions with many private or small public production facilities and controlling aquatic eutrophication from agricultural sources....... of concern and improvement of the implementation of the NiD are accounting for the fertilizer value of nitrogen in manure, and relating application limits for total nitrogen (N) to potential crop yield and N removal. The most significant environmental effect of the implementation of the NiD since 1995...... for groundwater in view of delayed response of nitrate in deep aquifers. In spite of improved fertilization practices, the southeast of The Netherlands, the Flemish Region and Brittany remain to be regions of major concern in view of a combination of a high nitrogen surplus, high leaching fractions to groundwater...

  5. Environmental Regulation, Foreign Direct Investment and Green Technological Progress—Evidence from Chinese Manufacturing Industries

    Science.gov (United States)

    Hu, Jiangfeng; Wang, Zhao; Lian, Yuehan; Huang, Qinghua

    2018-01-01

    This study examines the spillover effects of foreign direct investment (FDI) on green technology progress rate (as measured by the green total factor productivity). The analysis utilizes two measures of FDI, labor-based FDI and capital-based FDI, and separately investigates four sets of industry classifications—high/low discharge regulation and high/low emission standard regulation. The results indicate that in the low discharge regulation and low emission standard regulation industry, labor-based FDI has a significant negative spillover effect, and capital-based FDI has a significant positive spillover effect. However, in the high-intensity environmental regulation industry, the negative influence of labor-based FDI is completely restrained, and capital-based FDI continues to play a significant positive green technological spillover effects. These findings have clear policy implications: the government should be gradually reducing the labor-based FDI inflow or increasing stringency of environmental regulation in order to reduce or eliminate the negative spillover effect of the labor-based FDI. PMID:29382112

  6. Environmental Regulation, Foreign Direct Investment and Green Technological Progress—Evidence from Chinese Manufacturing Industries

    Directory of Open Access Journals (Sweden)

    Jiangfeng Hu

    2018-01-01

    Full Text Available This study examines the spillover effects of foreign direct investment (FDI on green technology progress rate (as measured by the green total factor productivity. The analysis utilizes two measures of FDI, labor-based FDI and capital-based FDI, and separately investigates four sets of industry classifications—high/low discharge regulation and high/low emission standard regulation. The results indicate that in the low discharge regulation and low emission standard regulation industry, labor-based FDI has a significant negative spillover effect, and capital-based FDI has a significant positive spillover effect. However, in the high-intensity environmental regulation industry, the negative influence of labor-based FDI is completely restrained, and capital-based FDI continues to play a significant positive green technological spillover effects. These findings have clear policy implications: the government should be gradually reducing the labor-based FDI inflow or increasing stringency of environmental regulation in order to reduce or eliminate the negative spillover effect of the labor-based FDI.

  7. Environmental Regulation, Foreign Direct Investment and Green Technological Progress-Evidence from Chinese Manufacturing Industries.

    Science.gov (United States)

    Hu, Jiangfeng; Wang, Zhao; Lian, Yuehan; Huang, Qinghua

    2018-01-29

    This study examines the spillover effects of foreign direct investment (FDI) on green technology progress rate (as measured by the green total factor productivity). The analysis utilizes two measures of FDI, labor-based FDI and capital-based FDI, and separately investigates four sets of industry classifications-high/low discharge regulation and high/low emission standard regulation. The results indicate that in the low discharge regulation and low emission standard regulation industry, labor-based FDI has a significant negative spillover effect, and capital-based FDI has a significant positive spillover effect. However, in the high-intensity environmental regulation industry, the negative influence of labor-based FDI is completely restrained, and capital-based FDI continues to play a significant positive green technological spillover effects. These findings have clear policy implications: the government should be gradually reducing the labor-based FDI inflow or increasing stringency of environmental regulation in order to reduce or eliminate the negative spillover effect of the labor-based FDI.

  8. Transport and repair of contaminated nuclear components - liabilities and insurance

    International Nuclear Information System (INIS)

    Brunego, C.; Deprimoz, J.; Engelhard, M.

    1983-01-01

    The nuclear park has been constructed fairly recently and has not yet required large-scale maintenance efforts; however account should now be taken of the fact that periodic checks of nuclear power plants will imply systematic transfers of irradiated or contaminated materials outside the plants. In this context, the paper reviews the nuclear third party liability regime under the Paris Convention and the Euratom directives on radiation protection. It then describes the cover offered by insurance pools in several European countries. (NEA) [fr

  9. Transfrontier nuclear civil liability without international conventions

    International Nuclear Information System (INIS)

    Dogauchi, M.

    1992-01-01

    Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

  10. Future financial liabilities of nuclear activities

    International Nuclear Information System (INIS)

    1996-01-01

    This report deals with future financial liabilities arising from nuclear activities, in particular electricity generation. Future financial liabilities are defined as costs which an organisation or company is expected to meet beyond some five years as a consequence of its current and past activities. The study provides a comprehensive picture on policies for recognizing and funding future financial liabilities arising from nuclear activities and their implementation schemes in Nea Member countries. Mechanisms for reporting and funding future financial liabilities are described, analysed and compared. The report offers some findings, conclusions and recommendations for consideration by Member countries. The nuclear activities considered in the report include nuclear research and development, nuclear industry sectors such as uranium mining and milling, conversion and enrichment, nuclear fuel fabrication, nuclear power plant operation and maintenance, and radioisotopes production. Future financial liabilities arising from these activities cover management and disposal of radioactive wastes, reprocessing of spent fuels when applicable and decommissioning of facilities at the end of their life time. 12 refs., 14 figs., 16 tabs

  11. Direct method for impact assessment of environmental pollutants and toxicants causing health hazards

    International Nuclear Information System (INIS)

    Fazal-ur-Rehman; Adil, A.; Abdullah, A.; Masood, S.R.; Agha, A.

    1997-01-01

    Industrial waste pollutants and toxicants are released in three forms i.e. gas, liquid, solid or their admixtures, causing atmospheric , hydro spheric and lithospheric pollutions. Gaseous wastes pollute the surrounding air before entering the waste-cycle and bio-cycle through vegetation/ forestation(i.e., plant kingdom). Liquid wastes enter the water-cycle directly and speedily whereas solid wastes enter the water-cycle indirectly and slowly. All these wastes, as it is well known later on enter plant and animal kingdoms which ultimately effect the human health and make different body parts sick/malignant. Therefore, the regular monitoring of elemental composition of these body parts becomes imperative. The above mentioned format of impact assessment has been followed during different joint studies (carried out in collaboration with university of the Punjab, INMOL and other Departments) which are based on the analytical data collected during the period of last five years. These samples include specimens of blood serum, cancer tissues, drinking and running water, industrial wastes and effluents etc. The comparison, of analysis of samples of unaffected (healthy) and malignant body parts, leads to the direct assessment of environmental pollutants and the inhabitants. (author)

  12. Childhood trauma, psychosis liability and social stress reactivity: a virtual reality study.

    Science.gov (United States)

    Veling, W; Counotte, J; Pot-Kolder, R; van Os, J; van der Gaag, M

    2016-12-01

    Childhood trauma is associated with higher risk for mental disorders, including psychosis. Heightened sensitivity to social stress may be a mechanism. This virtual reality study tested the effect of childhood trauma on level of paranoid ideations and distress in response to social stress, in interaction with psychosis liability and level of social stress exposure. Seventy-five individuals with higher psychosis liability (55 with recent onset psychotic disorder and 20 at ultra-high risk for psychosis) and 95 individuals with lower psychosis liability (42 siblings and 53 controls) were exposed to a virtual café in five experiments with 0-3 social stressors (crowded, other ethnicity and hostility). Paranoid ideation was measured after each experiment. Subjective distress was self-rated before and after experiments. Multilevel random regression analyses were used to test main effects of childhood trauma and interaction effects. Childhood trauma was more prevalent in individuals with higher psychosis liability, and was associated with higher level of (subclinical) psychotic and affective symptoms. Individuals with a history of childhood trauma responded with more subjective distress to virtual social stress exposures. The effects of childhood trauma on paranoia and subjective distress were significantly stronger when the number of virtual environmental stressors increased. Higher psychosis liability increased the effect of childhood trauma on peak subjective distress and stress reactivity during experiments. Childhood trauma is associated with heightened social stress sensitivity and may contribute to psychotic and affective dysregulation later in life, through a sensitized paranoid and stress response to social stressors.

  13. The new Basic Safety Standards Directive and its implications for environmental monitoring

    International Nuclear Information System (INIS)

    Janssens, Augustin; Necheva, Christina; Tanner, Vesa; Turai, István

    2013-01-01

    Monitoring of levels of radioactivity in the environment is enshrined in Chapter 3 of the Euratom Treaty, in particular its Articles 35 and 36. These requirements in primary law have had an important impact on the importance of monitoring in Europe but have not been worked out in much detail in secondary legislation. The consolidation and revision of the Basic Safety Standards Directive was an opportunity for doing so. The requirements in Directive 96/29/Euratom had remained rather general. Now, more specific text is introduced on the establishment of discharge authorisations for radioactive effluents, and on monitoring these discharges. Requirements on estimation of public exposures and on environmental monitoring programmes have largely been copied from the old basic safety standards (BSS), however. The main novelty of the new BSS is the introduction of exposure situations, as defined by the ICRP in Publication 103 (2007). Environmental monitoring as part of the management of an emergency exposure situation is now addressed more clearly. As for existing exposure situations, indoor exposure to radon requires extensive surveys of indoor air or soil concentrations, and precise requirements are made on the management of residues from industries processing naturally occurring radioactive materials (NORM) as well as on the monitoring of building materials. Although the BSS do not address specific monitoring issues, studies have been undertaken on effluents from hospitals and on long-term management of uranium mining areas. The proposal for the new Basic Safety Standards Directive is examined in the light of experience of the accident at Fukushima Dai-ichi Nuclear Power Plant disabled by the terrible tsunami on 11 March 2011. The arrangements for information exchange in a normal situation and in an emergency exposure situation need to be looked at from this perspective as well as from the perspective of smaller incidents such as the release of 131 I in Hungary in autumn

  14. [Environmental uncertainty and arousal/stress as the direct determinants of animal behaviour].

    Science.gov (United States)

    Popov, S V

    2010-01-01

    A model of direct behavioural mechanisms is suggested. The suggestion is founded on the following prerequisites: the law of optimum arousal by Yerkes-Dodson; the data on animals' purposeful striving towards the optimum; and the data on effect of stimuli uncertainty (unpredictability and/or uncontrollability) on susceptibility to the stimuli. The key postulate of the model is animals' ability to affect the environment uncertainty with their behaviour and, hence, to change their susceptibility to various stimuli and optimize their stress/arousal level. This function of behaviour had never been discussed and seems to be rather important for proximal behavioural mechanisms and for forming direct motives of behaviour. Optimization of arousal level may be viewed as "universal benefit" at the level of direct behavioural mechanisms (similar to "joint genetic fitness" at the level of evolutional mechanisms). Within the model framework it is possible to take up some sophisticated aspects of ethology such as social relations forming, "begging for punishment", "zoo stereotypy", and so on. Among verifiable predictions that can be derived from its analysis, the following ones are worthwhile: (1) the stronger of two similar social relations cannot be more stressful than the weaker one; (2) the intensity of marking activity never increases as arousal/stress level decreases; (3) stress/arousal level of an animal having been experienced "zoo stereotypy" for a long time can never be higher than that of a conspecific individual showing the behaviour for the first time; (4) the rate of "begging for punishment" behaviour of an individual should positively correlate with environmental uncertainty; (5) arousal/stress level of an individual looking for novelty can never be higher than arousal/stress level of the same individual when avoiding novelty; (6) the striving of a specimen for displaying the behaviour promoting an increase in uncertainty can be suppressed by raising the

  15. The Pulse of Liability of Foreignness

    DEFF Research Database (Denmark)

    Kaiser, Ulrich; Sofka, Wolfgang

    companies. Such liabilities of foreignness are persistent in nature. We investigate the causes behind these detrimental effects. We identify two major factors conceptually: a lack of legitimacy in the host country on the demand side and a lack of responsiveness on the side of the multinational corporation......Globalization has provided many companies with new opportunities for growth and efficiency. This requires them to operate successfully across cultural and social borders. These can be stumbling blocks to internationalization and have been found to cause frequent errors and delays for multinational...... that legitimacy is the dominant factor behind the effects of liability of foreignness. As customer experience increases, liability of foreignness caused by a lack of responsiveness becomes more of an issue....

  16. Liability in maritime transport of dangerous goods

    International Nuclear Information System (INIS)

    Feldhaus, H.

    1985-01-01

    The first part contains a description of national liability standards for maritime transport in the French, English, US-American and West German legislation. This is followed up by a detailed review of the existing international agreements. The book is rounded off by a critical evaluation of the presently held discussion and suggested solutions on the problems of liability in the maritime transport of dangerous goods other than mineral oil. The author takes a close look at the 'Entwurf eines Internationalen Uebereinkommens ueber die Haftung und den Schadenersatz bei der Befoerderung schaedlicher und gefaehrlicher Stoffe auf See' ('draft of an international agreement on liability and compensation for damage in maritime transport of noxious and dangerous goods') in the version of May 23, 1983, which was discussed on an international diplomat's conference in London without however, yielding any concrete results. (orig./HP) [de

  17. Proposed Amendments to the Nuclear Liability

    International Nuclear Information System (INIS)

    1981-01-01

    This Memorandum issued by the Swedish Ministry of Justice contains proposed amendments to the 1968 Nuclear Liability Act which can be divided into two categories. Those in the first category are required to enable Sweden to ratify the draft Protocols to amend the Paris Convention and the Brussels Supplementary Convention. The second category of amendments propose that the nuclear operator's liability be raised from the present sum of 50 million Kroner to 500 million Kroner, to be covered by insurance; it is also proposed that a State liability be introduced over and above the compensation available, the aggregate amount being limited to 300 million Kroner. State indemnification would apply to the Nordic countries. The Annexes to the Memorandum contain the English and French texts of the draft Protocols to amend both above-mentioned Conventions (NEA) [fr

  18. The safety-incentive theory of liability

    International Nuclear Information System (INIS)

    Marshall, J.M.

    1977-11-01

    The use of liability law to improve incentives for safety is supported by certain recent theoretical results. The main ideas and the key argumants are summarized. Basic weaknesses of the theory are discussed, namely: (1) the simple model of Calabresi does not generalize; (2) the more complex systems of J.P. Brown, P. Diamond, and J. Green require that courts possess a great deal of information and use it to set appropriate standards of due care; (3) in practice safety incentives also depend upon fear of criminal penalties and the sense of social responsibility. The questions whether and when liability rules can significantly affect incentives are addressed. It is concluded that the theory in its present state can hardly serve as a basis for altering liability rules

  19. Analysis of your professional liability insurance policy.

    Science.gov (United States)

    SADUSK, J F; HASSARD, H; WATERSON, R

    1958-01-01

    The most important lessons for the physician to learn in regard to his professional liability insurance coverage are the following:1. The physician should carefully read his professional liability policy and should secure the educated aid of his attorney and his insurance broker, if they are conversant with this field.2. He should particularly read the definition of coverage and carefully survey the exclusion clauses which may deny him coverage under certain circumstances.3. If the physician is in partnership or in a group, he should be certain that he has contingent partnership coverage.4. The physician should accept coverage only from an insurance carrier of sufficient size and stability that he can be sure his coverage will be guaranteed for "latent liability" claims as the years go along-certainly for his lifetime.5. The insurance carrier offering the professional liability policy should be prepared to offer coverages up to at least $100,000/$300,000.6. The physician should be assured that the insurance carrier has claims-handling personnel and legal counsel who are experienced and expert in the professional liability field and who are locally available for service.7. The physician is best protected by a local or state group program, next best by a national group program, and last, by individual coverage.8. The physician should look with suspicion on a cancellation clause in which his policy may be summarily cancelled on brief notice.9. The physician should not buy professional liability insurance on the basis of price alone; adequacy of coverage and service and a good insurance company for his protection should be the deciding factors.

  20. The Principles Of Liability On Telemedicine Practices

    Directory of Open Access Journals (Sweden)

    Arman Anwar

    2016-09-01

    Full Text Available This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1 of the 1945 Constitution and Article 5 (1 of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3 BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability, feasibility and appropriateness (fair and reasionableness. Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good.

  1. Global Cities and Liability of Foreignness

    DEFF Research Database (Denmark)

    Wernicke, Georg; Mehlsen, Kristian

    2016-01-01

    In this paper, we combine the concepts of location, liability of foreignness (LoF), and their relation to factors that drive multinational enterprises (MNEs) towards, or away from, global cities. We argue that three interrelated characteristics of global cities - cosmopolitanism, availability...... indicate that MNEs have a stronger propensity to locate in global cities than in metropolitan or peripheral areas, and that these locational choices are affected by institutional distance and industrial characteristics. The results provide empirical support for our argument that locating in a global city...... can reduce the liability of foreignness suffered by MNEs, and that global cities play a central role in the process of globalisation....

  2. Search Engine Liability for Copyright Infringement

    Science.gov (United States)

    Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.

    The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.

  3. 18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

    Science.gov (United States)

    2010-04-01

    ..., Derivative instrument liabilities. This account must include the change in the fair value of all derivative instrument liabilities not designated as cash flow or fair value hedges. Account 426.5, Other deductions... the fair value of the derivative instrument. ...

  4. motor vehicle lessors' liability for damages to third parties: acomment

    African Journals Online (AJOL)

    eliasn

    of defining the scope of application of the Ethiopian law on liability for damages ... Federal Supreme Court in a recent case has rendered a decision that allows. ♧ .... 3.1 Whether Third Party Practice Exonerates Joint and Several. Liability.

  5. The modernization of the international nuclear third party liability regime - does exclusive liability still make sense?

    International Nuclear Information System (INIS)

    Kolehmainen, H.

    2000-01-01

    In order to create a perspective for the presentation, it might be useful to recall the general aims and purposes of the existing system for exclusive liability in the international nuclear liability regime. As is well-known, the compensation system is based on two conventions (The Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963). The norms in these Conventions define the level at which the compensation system for nuclear accidents is based. The international co-operation which resulted in the conventions was inspired by the aim to construct a system which awards a fair and sufficient compensation for the victims of a nuclear accident. Secondly, the aim was to promote the peaceful use of nuclear energy. The purpose was also to harmonize regulations concerning nuclear energy. The preparatory works for these conventions demand a general goal to balance the interests of the potential victims of a nuclear accident and the interest of society to promote the peaceful use of nuclear energy. National legislation on nuclear third party liability is based on these conventions. There are four basic principles which guide the normative framework of these conventions. The liability of the operator of a nuclear installation is not based on fault but is strictly based on its nature. Secondly, the liability is restricted to a certain sum per accident. Thirdly, the liability of the operator ought to be covered by insurance or state guarantee. Fourthly, the liability is channeled exclusively to the operator of a nuclear plant, meaning that there are no other persons to be held liable for a possible nuclear accident. Any new orientation on third party liability for nuclear damages should be within the context of existing regulations in the field. Exceptions from established international principles in the area of nuclear liability should be openly discussed and their consequences

  6. Nuclear Liability and Insurance Protection for Nuclear Transport Accidents Involving Non-Contracting EU States: An assessment

    International Nuclear Information System (INIS)

    Horbach, N. L. J. T.

    2006-01-01

    This paper provides an analysis of the possible complications and consequences with respect to nuclear liability and insurance protection applicable in respect of transport activities resulting in damage suffered and/or accidents occurring in EU States that are not party to the Paris Convention. It looks at the different legal aspects (jurisdiction, applicable law, liability amounts, reciprocity) should the revised Vienna and Paris Convention become applicable in comparison with the unrevised Conventions. Within Europe, a large number of States are party to the 1960 Paris Convention and the 1963 Brussels Supplementary Convention, providing liability and insurance protection, in general, up to a limit of 300 million SDRs (or even higher). In principle, such protection is confined to nuclear incidents occurring and nuclear damage suffered in the territory of Contracting Parties, including, as recommended, the high seas, unless the legislation of the Installation State determines otherwise (Article 2). The geographical scope of application of the Paris Convention would thus vary according to the law of the Installation State. However, some EU States never became party to the Paris Convention, and are not bound by its the liability principles (notably, channelling of liability), such as Austria, Luxembourg and Ireland. Transport accidents involving these countries might therefore result in liability claims outside the treaty liability regime against operators, suppliers, carriers or persons involved and for types of damages different from those currently covered by the Paris Convention (e.g., environmental damage). It is uncertain to what extent liability insurance of the installation operators would provide adequate protection and whether related damage claims can be enforceable. In addition, a number of newly entered EU States are party to the Vienna Convention, which, although bound by liability principles basically similar to those of the Paris Convention, will

  7. Looking at nuclear liability and insurance in Russia

    International Nuclear Information System (INIS)

    Schwartz, J.

    1997-01-01

    A recent seminar in Moscow has addressed the issue of nuclear liability and insurance in the Russian nuclear industry since the breakup of the Soviet Union. The potential benefits of joining the international liability regime and adopting comprehensive nuclear liability legislation were discussed. The need to establish appropriate nuclear insurance structures and provide indemnity to cover the liability were also debated. Whether these changes can be put into action or not is less certain than the need for them. (UK)

  8. Liability-driven investment in longevity risk management

    OpenAIRE

    Helena Aro; Teemu Pennanen

    2013-01-01

    This paper studies optimal investment from the point of view of an investor with longevity-linked liabilities. The relevant optimization problems rarely are analytically tractable, but we are able to show numerically that liability driven investment can significantly outperform common strategies that do not take the liabilities into account. In problems without liabilities the advantage disappears, which suggests that the superiority of the proposed strategies is indeed based on connections b...

  9. Variance and covariance components for liability of piglet survival during different periods

    DEFF Research Database (Denmark)

    Su, G; Sorensen, D; Lund, M S

    2008-01-01

    Variance and covariance components for piglet survival in different periods were estimated from individual records of 133 004 Danish Landrace piglets and 89 928 Danish Yorkshire piglets, using a liability threshold model including both direct and maternal additive genetic effects. At the individu...

  10. Social host liability for minors and underage drunk-driving accidents.

    Science.gov (United States)

    Dills, Angela K

    2010-03-01

    Social host laws for minors aim to reduce teenage alcohol consumption by imposing liability on adults who host parties. Parents cite safety reasons as part of their motivation for hosting parties, preferring their teens and their teens' friends to drink in a supervised and safe locale. Both sides predict an effect of social host liability for minors on alcohol-related traffic accident rates for under-aged drinkers; the effects, however, work in opposite directions. This paper finds that, among 18-20 year olds, social host liability for minors reduced the drunk-driving fatality rate by 9%. I find no effect on sober traffic fatalities. Survey data on drinking and drunk driving suggest the declines resulted mostly from reductions in drunk driving and not reductions in drinking. Copyright 2009 Elsevier B.V. All rights reserved.

  11. Landscape Valuation of Environmental Amenities throughoutthe Application of Direct and Indirect Methods

    Directory of Open Access Journals (Sweden)

    Luís Loures

    2015-01-01

    Full Text Available Landscape design, construction and management should no longer be the result of superficial approaches based exclusively on designers’ and planners’ ideas. This research starts with the assumption that the aesthetic component constitutes an essential attribute for better understanding and evaluating landscapes. This study analyzes the aesthetic quality and economic valuation of the Lower Guadiana river landscape, through the application of direct and indirect landscape evaluation methods. In order to gauge not only experts’ opinion, it is supported by the application of public participation techniques about the opinion and perceptions of the site visitors/users. The present research considered the analysis of six landscape subunits regarding landscape quality, fragility and visual absorption capacity. The obtained results showed that there are significant differences between the perceptions of the general public and experts’ analysis. Touristic Complexes and Golf Courses had high visual quality, while Agricultural and Production Areas had high visual fragility. Moreover, the performed analysis made clear that the combined use of landscape assessment methods is suited to this type of study, since it enables quantifying the value of existence, management and maintenance of a particular environmental assets and/or services.

  12. Focus on the future of nuclear liability law

    International Nuclear Information System (INIS)

    Pelzer, N.

    2000-01-01

    The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

  13. 26 CFR 50.5 - Liability for the tax.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

  14. 43 CFR 29.7 - Imposition of strict liability.

    Science.gov (United States)

    2010-10-01

    ... LIABILITY FUND § 29.7 Imposition of strict liability. (a) Notwithstanding the provisions of any other law... prove that the damages were caused by an act of war or by the negligence of the United States or other... negligence of such damaged party. (c)(1) Strict liability for all claims arising out of any one incident...

  15. 46 CFR 5.69 - Evidence of criminal liability.

    Science.gov (United States)

    2010-10-01

    ... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

  16. Spectral decomposition of optimal asset-liability management

    NARCIS (Netherlands)

    Decamps, M.; de Schepper, A.; Goovaerts, M.

    2009-01-01

    This paper concerns optimal asset-liability management when the assets and the liabilities are modeled by means of correlated geometric Brownian motions as suggested in Gerber and Shiu [2003. Geometric Brownian motion models for assets and liabilities: from pension funding to optimal dividends.

  17. 37 CFR 10.78 - Limiting liability to client.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

  18. New Swiss legislation on nuclear third party liability

    International Nuclear Information System (INIS)

    Fischer, U.

    1981-10-01

    Following a description of the Paris Convention and Brussels Supplementary Convention system for nuclear third party liability and that prevailing until now in Switzerland, the paper reviews the new Swiss nuclear third party liability Bill prepared after a popular consultation. The new provisions are analysed and in particular, that providing for unlimited liability. (NEA) [fr

  19. Unresolved legal questions in cross-border health care in Europe: liability and data protection.

    Science.gov (United States)

    van der Molen, I N; Commers, M J

    2013-11-01

    Directive 2011/24/EU was designed to clarify the rights of EU citizens in evaluating, accessing and obtaining reimbursement for cross-border care. Based on three regional case studies, the authors attempted to assess the added value of the Directive in helping clarify issues in to two key areas that have been identified as barriers to cross-border care: liability and data protection. Qualitative case study employing secondary data sources including research of jurisprudence, that set up a Legal framework as a base to investigate liability and data protection in the context of cross-border projects. By means of three case studies that have tackled liability and data protection hurdles in cross-border care implementation, this article attempts to provide insight into legal certainty and uncertainty regarding cross-border care in Europe. The case studies reveal that the Directive has not resolved core uncertainties related to liability and data protection issues within cross-border health care. Some issues related to the practice of cross-border health care in Europe have been further clarified by the Directive and some direction has been given to possible solutions for issues connected to liability and data protection. Directive 2011/24/EU is clearly a transposition of existing regulations on data protection and ECJ case law, plus a set of additional, mostly, voluntary rules that might enhance regional border cooperation. Therefore, as shown in the case studies, a practical and case by case approach is still necessary in designing and providing cross-border care. © 2013 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

  20. Nuclear liability insurance in the United States: an insurer's perspective

    International Nuclear Information System (INIS)

    Quattrocchi, J.

    2000-01-01

    By the mid-1950's the United States recognised that it was in the interest to promote commercial development of nuclear energy. But the uncertainties of the technology and the potential for severe accidents were clear obstacles to commercial development. Exposure to potentially serious uninsured liability inhibited the private sector. These impediments led Congress to enact the Price-Anderson Act in 1957. The Act had several purposes: the first was to encourage private development of nuclear power; the second was to establish a legal framework for handling potential liability claims; and the third was to provide a ready source of funds to compensate injured victims of a nuclear accident. Insurers chose the pooling technique by creating in the US the American Nuclear Insurers. ANI acts as a managing agent for its members insurance companies. The accident of three Miles Island occurred on 28 March 1979 and with came the claims experience in US. The 1988 amendments to the Price-Anderson Act directed the President to establish a Commission for the purpose of developing a means to assure full compensation of victims of a catastrophic nuclear accident that exceeds the limitation on aggregate public liability, or currently just over US$ 9.7 billion. The Presidential Commission issued its report in August 1990, in which it reached a number of conclusions and offered a number of recommendations.The US Congress has not acted on the Commission's report, but may revisit its recommendations as debate begins this year (1999) or next on the renewal of the Price-Anderson Act. (N.C.)

  1. Nuclear liability act and nuclear insurance

    International Nuclear Information System (INIS)

    Clarke, Roy G.; Goyette, R.; Mathers, C.W.; Germani, T.R.

    1976-01-01

    The Nuclear Liability Act, enacted in June 1970 and proclaimed effective October 11, 1976, is a federal law governing civil liability for nuclear damage in Canada incorporating many of the basic principles of the international conventions. Exceptions to operator liability for breach of duty imposed by the Act and duty of the operator as well as right of recourse, time limit on bringing actions, special measures for compensation and extent of territory over which the operator is liable are of particular interest. An operator must maintain $75,000,000. of insurance for each nuclear installation for which he is the operator. The Nuclear Insurance Association of Canada (NIAC) administers two ΣPoolsΣ or groups of insurance companies where each member participates for the percentage of the total limit on a net basis, one pool being for Physical Damage Insurance and the other for Liability Insurance. The Atomic Energy Control Board recommends to the Treasury Board the amount of insurance (basic) for each installation. Basic insurance required depends on the exposure and can range from $4 million for a fuel fabricator to $75 million for a power reactor. Coverage under the Operator's Policy provides for bodily injury, property damage and various other claims such as damage from certain transportation incidents as well as nuclear excursions. Workmen's Compensation will continue to be handled by the usual channels. (L.L.)

  2. 77 FR 74121 - Limited Liability Partnerships (LLPs)

    Science.gov (United States)

    2012-12-13

    ... protected against personal liability for corporate obligations. Both forms of business entity may opt for treatment as an association, and consequently for corporate tax treatment, without regard to State law...''). LLPs are created under State law and share certain characteristics with both partnerships and...

  3. Liability and damages in Japanese nuclear law

    International Nuclear Information System (INIS)

    Hoshino, E.

    1981-01-01

    The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP) [de

  4. 12 CFR 229.38 - Liability.

    Science.gov (United States)

    2010-01-01

    ... affect a paying bank's liability to its customer under the U.C.C. or other law. (b) Paying bank's failure... provision, but not both. (c) Comparative negligence. If a person, including a bank, fails to exercise... person under § 229.38(a) shall be diminished in proportion to the amount of negligence or bad faith...

  5. Nuclear liabilities - nuclear insurance. Pt. 1

    International Nuclear Information System (INIS)

    Roesch, H.

    1981-01-01

    Too much emotion is involved in the topic of nuclear energy. This is often due to the fact that the persons involved lack of essential basic knowledge. This article and the following ones represent an attempt to offer a technically oriented introduction into the physical preconditions of the problems and the questions concerning matters of liability and insurance. (orig.) [de

  6. Institutional Liability for Student Activities and Organizations.

    Science.gov (United States)

    Richmond, Douglas R.

    1990-01-01

    Examines higher education institutional liability in the following areas: (1) in tort, based on negligence, for physical harm to students; (2) in tort, for defamation flowing from student media; and (3) in contract, arising out of student organizations' business relationships with third parties. (222 references) (MLF)

  7. 7 CFR 1209.74 - Personal liability.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Personal liability. 1209.74 Section 1209.74 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING..., AND CONSUMER INFORMATION ORDER Mushroom Promotion, Research, and Consumer Information Order...

  8. Directors’ and Officers’ Liability: Economic Analysis

    NARCIS (Netherlands)

    P. C. Leyens (Patrick); M.G. Faure (Michael)

    2017-01-01

    markdownabstractThis paper will be published as a chapter of the forthcoming volume ‘Directors & Officers Liability’ edited by Simon F. Deakin, Helmut Koziol, and Olaf Riss. It explores D&O liability from a law and economics perspective with a view to identify trade-offs of different legal settings.

  9. 42 CFR 424.555 - Payment liability.

    Science.gov (United States)

    2010-10-01

    ... covered items or services furnished to a Medicare beneficiary by a provider or supplier if the billing... Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED... Billing Privileges § 424.555 Payment liability. (a) No payment may be made for otherwise Medicare covered...

  10. Market-Consistent Valuation of Pension Liabilities

    NARCIS (Netherlands)

    Pelsser, Antoon; Salahnejhad, Ahmad; van den Akker, Ramon

    2016-01-01

    Pension funds and life insurance companies have liabilities on their books with extremely long-dated maturities that are exposed to non-hedgeable actuarial risks and also to market risks. In this paper, we show that it is computationally feasible to price pensions contracts in an incomplete market

  11. Sexual Harassment at Camp: Reducing Liability.

    Science.gov (United States)

    Oakleaf, Linda; Grube, Angela Johnson

    2003-01-01

    Employers are responsible for sexual harassment perpetrated by a supervisor. Camps may be responsible for sexual harassment between campers. Steps to reduce liability include providing multiple channels for reporting sexual harassment; having written policies prohibiting sexual harassment and procedures for reporting it; posting these policies and…

  12. Trends in nuclear third party liability law

    International Nuclear Information System (INIS)

    Avossa, G.

    1992-01-01

    For some ten years now, nuclear third-party liability has been changing at an ever-faster pace, further accelerated by the Chernobyl catastrophe. Some of these changes are discussed in this article. A joint protocol drawn up by the International Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) mutually extends the benefit of the special third-party liability system regarding nuclear damage instituted by virtue of previous Conventions and settles the conflicts of law likely to result from the simultaneous application of the two international instruments. Within the framework of the IAEA, a review procedure of the Convention of Vienna has been underway since 1989, in which the NEA has taken an integral part. At the outcome of the process underway, not only will the Convention of Vienna be revised, but so, indirectly but very rapidly, will the Conventions of Paris and Brussels. Ultimately, the entire field of nuclear third-party liability will be recast for decades to come. The texts under discussion are as yet nowhere near their final stage but two areas of consideration have already emerged, which will be discussed. Substantial modifications are made in nuclear third-party liability law. Secondly, the indemnification process for nuclear damage will be vastly modified, due to the subsidiary nature of government intervention and new obligations on operators to become members of a Nuclear Operator Pool. (author)

  13. 40 CFR 267.147 - Liability requirements.

    Science.gov (United States)

    2010-07-01

    ... consideration of the guarantee. If the guarantor is a firm with a “substantial business relationship” with the... PERMIT Financial Requirements § 267.147 Liability requirements. (a) Coverage for sudden accidental... facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties...

  14. 31 CFR 210.10 - RDFI liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false RDFI liability. 210.10 Section 210.10 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  15. 31 CFR 210.11 - Limited liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Limited liability. 210.11 Section 210.11 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  16. A radical approach to decommissioning and nuclear liabilities management

    International Nuclear Information System (INIS)

    Pooley, D.

    1996-01-01

    UKAEA Government Division has been set up primarily to manage and eventually eliminate the nuclear liabilities left from the many national nuclear programmes in which UKAEA has been involved. It is no longer primarily a nuclear plant or decommissioning operator but has developed a radical approach to decommissioning. It targets best value for money, alongside meeting safety and environmental requirements, by major use of contractors for its work, including using them as managing agents for big projects. In its first year of operation it made considerable progress in setting out the mission, goals, performance measures and operational principles for such an organization, as well as in reducing costs on a wide front from those expected, in increasing competition for future projects, and in keeping individual projects under good control. It also made major physical progress with specific decommissioning projects. For the future it has established a programme of continuous performance improvement which will bring further benefits and provide a benchmark for all organizations in the business of liabilities management. (author)

  17. A radical approach to decommissioning and nuclear liabilities management

    International Nuclear Information System (INIS)

    Pooley, D.

    1995-01-01

    UKAEA Government Division has been set up primarily to manage and eventually eliminate the nuclear liabilities left from the many national nuclear programmes in which UKAEA has been involved. It is no longer primarily a nuclear plant or decommissioning operator but has developed a radical approach to decommissioning. It targets best value for money, alongside meeting safety and environmental requirements, by major use of contractors for its work, including as managing agents for big projects. In its first year of operation it made considerable progress in setting out the mission, goals, performance measures and operational principles for such an organisation, as well as reducing costs on a wide front from those expected in increasing competition for future projects, and in keeping individual projects under good control. It also made major physical progress with specific decommissioning projects. For the future it has established a programme of continuous performance improvement which will bring further benefits and provide a benchmark for all organisations in the business of liabilities management. (author)

  18. Liability for radiation exposure from the viewpoint of the practitioner

    International Nuclear Information System (INIS)

    Collins, V.P.

    1980-01-01

    A mounting concern for environmental radiation hazards spills over into an increasing fear and mistrust of medical uses of radiation. This situation sets the stage for an increasing recourse to litigation particularly in the area of low level radiation exposure. Knowledge that the initial exposure is unfelt, that the injury may be long-delayed in appearance, and that the injury is nonspecific, only feeds the apprehension of the public. Over centuries of experience, courts have evolved rules of law for the decision-making process that call for definitions of proof and truth that differ from those of science. A series of legal cases involving radiation injuries are presented to demonstrate the evolution of applicable legal mechanisms. The earliest cases leaned to strict application of the elements of negligence, proof of injury, causation and fault. These requirements relaxed gradually to minimize the burden of proof of the injured plaintiff. Elements of anxiety were recognized as compensable. A requirement of informed consent replaced a need to prove negligence. The element of fault, becoming increasingly difficult to prove with the complexity of delayed effects and statistics of probability, is dropped in the doctrine of product liability or strict liability. This may be a necessary solution to allow compensation of an innocent injured party where fault may be impossible to prove and where, in fact, it may not exist

  19. A CONCEPTUAL PERSPECTIVE REGARDING PRODUCT LIABILITY

    Directory of Open Access Journals (Sweden)

    Daniela POPESCU

    2010-01-01

    Full Text Available This study analyses a current and highly important problem because we are in front of an unrecorded growth of the production volume in parallel with its diversification. Due to the fact that the introduction in production of the new products is preceded by the subsequent execution of some manually manufactured prototypes, the products are manufactured afterwards on an industrial scale. Under these circumstances there is the possibility of small errors which affect the consumer’s behaviour towards the new products. That is why, in auditing the focus is on the careful supervision of the opinions of the consumers and especially of the shortcomings of some products indicated by consumers in order to remove these from the manufacturing line. Under these circumstances, a very tight connection is required between the producers and the consumers, and a special liability of the producers towards those products. At the same time this is also a worldwide concern for the regulation of the products responsibility which has already been adopted by some large manufacturing countries. The recent example of USA was followed by the European legislation. That is why American organisations which export to Europe have to be warned because the law of product liability has been adopted in many European countries. The insurance companies are usually paying the initial losses for the cases of product liability. The manufacturer of a product has to protect itself from the risk of being brought to trial or at least to reduce the risk to a level where he could afford a reasonable profit or a continuous growth. In order to meet this objective, we need a product liability prevention program. This study analyses the product liability prevention program and presents some of the essential common elements for such a program. Therefore, one can argue that in order to have an effective product liability prevention program, some operations are required as for example

  20. Environmental procedures

    International Nuclear Information System (INIS)

    1992-01-01

    The European Bank has pledged in its Agreement to place environmental management at the forefront of its operations to promote sustainable economic development in central and eastern Europe. The Bank's environmental policy is set out in the document titled, Environmental Management: The Bank's Policy Approach. This document, Environmental Procedures, presents the procedures which the European Bank has adopted to implement this policy approach with respect to its operations. The environmental procedures aim to: ensure that throughout the project approval process, those in positions of responsibility for approving projects are aware of the environmental implications of the project, and can take these into account when making decisions; avoid potential liabilities that could undermine the success of a project for its sponsors and the Bank; ensure that environmental costs are estimated along with other costs and liabilities; and identify opportunities for environmental enhancement associated with projects. The review of environmental aspects of projects is conducted by many Bank staff members throughout the project's life. This document defines the responsibilities of the people and groups involved in implementing the environmental procedures. Annexes contain Environmental Management: The Bank's Policy Approach, examples of environmental documentation for the project file and other ancillary information

  1. Liability for industrial disasters: law and democracy

    Energy Technology Data Exchange (ETDEWEB)

    Lalo, A. [Nice Univ., 06 (France)

    1998-07-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error,of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and

  2. Liability for industrial disasters: law and democracy

    International Nuclear Information System (INIS)

    Lalo, A.

    1998-01-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error, of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and function. The ethics of responsibility on which the citizens insisted shows the developing notion of 'precaution

  3. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    International Nuclear Information System (INIS)

    Stephens, M.; Brooks, S.; Miller, J.; Neal, P.; Mason, R.

    2011-01-01

    In 2006, Atomic Energy of Canada Limited (AECL) and Natural Resources Canada (NRCan) began implementing a $7B CDN, 70-year Nuclear Legacy Liabilities Program (NLLP) to deal with legacy decommissioning and environmental issues at AECL nuclear sites. The objective of the NLLP is to safely and cost-effectively reduce the nuclear legacy liabilities and associated risks based on sound waste management and environmental principles in the best interest of Canadians. The NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites by various technical groups. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (concluded 2011 March), in planning the three-year second phase (currently being commenced), and in planning individual and interacting activities within the Program. The activities to be undertaken in the start-up phase were planned by a small group of AECL technical experts using the currently available information on the liabilities. Several internal and external reviews of the Program during the start-up phase examined progress and identified several improvements to planning. These improvements included strengthening communications among the groups within the Program, conducting more detailed advance planning of the interlinked activities, and being cautious about making detailed commitments for activities for which major decisions had yet to be made. The second phase was planned by a dedicated core team. More and earlier input was solicited from the suppliers than in the planning for the first phase. This was to ensure that the proposed program of work was feasible, and to be able to specify in more detail the resources that would be required to carry it out. The NLLP has developed several processes to assist in the detailed planning of the numerous projects and

  4. Third Party Liability governing Dangerous and Nuclear Activities

    International Nuclear Information System (INIS)

    Di Martino, Vittorio.

    1979-01-01

    The introductory chapters of this book analyse the concept of fault as a basis for third party liability and the evolution of jurisprudence and doctrine towards the concept of absolute liability. The following part covers the Italian system of liability for hazardous activities. The nuclear third party liability system is then analysed according to existing international conventions and nuclear legislation in several countries. The Appendix contains various legislative and regulatory texts on nuclear third party liability in Italy and in other countries which provide for special legislation in this field. (NEA) [fr

  5. Indicator Properties of Baltic Zooplankton for Classification of Environmental Status within Marine Strategy Framework Directive.

    Science.gov (United States)

    Gorokhova, Elena; Lehtiniemi, Maiju; Postel, Lutz; Rubene, Gunta; Amid, Callis; Lesutiene, Jurate; Uusitalo, Laura; Strake, Solvita; Demereckiene, Natalja

    2016-01-01

    The European Marine Strategy Framework Directive requires the EU Member States to estimate the level of anthropogenic impacts on their marine systems using 11 Descriptors. Assessing food web response to altered habitats is addressed by Descriptor 4 and its indicators, which are being developed for regional seas. However, the development of simple foodweb indicators able to assess the health of ecologically diverse, spatially variable and complex interactions is challenging. Zooplankton is a key element in marine foodwebs and thus comprise an important part of overall ecosystem health. Here, we review work on zooplankton indicator development using long-term data sets across the Baltic Sea and report the main findings. A suite of zooplankton community metrics were evaluated as putative ecological indicators that track community state in relation to Good Environmental Status (GES) criteria with regard to eutrophication and fish feeding conditions in the Baltic Sea. On the basis of an operational definition of GES, we propose mean body mass of zooplankton in the community in combination with zooplankton stock measured as either abundance or biomass to be applicable as an integrated indicator that could be used within the Descriptor 4 in the Baltic Sea. These metrics performed best in predicting zooplankton being in-GES when considering all datasets evaluated. However, some other metrics, such as copepod biomass, the contribution of copepods to the total zooplankton biomass or biomass-based Cladocera: Copepoda ratio, were equally reliable or even superior in certain basin-specific assessments. Our evaluation suggests that in several basins of the Baltic Sea, zooplankton communities currently appear to be out-of-GES, being comprised by smaller zooplankters and having lower total abundance or biomass compared to the communities during the reference conditions; however, the changes in the taxonomic structure underlying these trends vary widely across the sea basins due to

  6. Integrating Environmental and Human Health Databases in the Great Lakes Basin: Themes, Challenges and Future Directions

    Directory of Open Access Journals (Sweden)

    Kate L. Bassil

    2015-03-01

    Full Text Available Many government, academic and research institutions collect environmental data that are relevant to understanding the relationship between environmental exposures and human health. Integrating these data with health outcome data presents new challenges that are important to consider to improve our effective use of environmental health information. Our objective was to identify the common themes related to the integration of environmental and health data, and suggest ways to address the challenges and make progress toward more effective use of data already collected, to further our understanding of environmental health associations in the Great Lakes region. Environmental and human health databases were identified and reviewed using literature searches and a series of one-on-one and group expert consultations. Databases identified were predominantly environmental stressors databases, with fewer found for health outcomes and human exposure. Nine themes or factors that impact integration were identified: data availability, accessibility, harmonization, stakeholder collaboration, policy and strategic alignment, resource adequacy, environmental health indicators, and data exchange networks. The use and cost effectiveness of data currently collected could be improved by strategic changes to data collection and access systems to provide better opportunities to identify and study environmental exposures that may impact human health.

  7. 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.

  8. An Inconvenient Deliberation. The Precautionary Principle's Contribution to the Uncertainties Surrounding Climate Change Liability

    International Nuclear Information System (INIS)

    Haritz, M.M.

    2011-01-01

    There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities - implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance - demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: (a) What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle?; (b) How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change

  9. Direct Measures in Environmental Education Evaluation: Behavioral Intentions versus Observable Actions

    Science.gov (United States)

    Camargo, Camilo; Shavelson, Richard

    2009-01-01

    The objective of many environmental education programs is to promote pro-environmental attitudes and behaviors in students. However, evaluation of these programs has focused on asking participants what they think (attitudes) and what they do (behaviors) regarding the environment problems through self-report questionnaires and interviews. These…

  10. Introduction of unlimited liability into the atomic law with special regard to the international nuclear liability conventions

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1984-01-01

    The paper was read at the international symposium on nuclear liability held in Munich in September 1984 by OECD/NEA and IAEA. It outlines the basic principles of the Paris liability convention and the international development. The author pleads in favour of unlimited liability for hazards on grounds of history, legal policy, legal dogmatics and practice. Moreover he thinks it useful and appropriate because it also improves the protection of the citizens. The same as the federal government the author holds that unlimited liability for hazards is compatible with the maximum damages and the congruity regulations of the Paris and Brussels liability convention. An amendment to the liability convention, though not necessary, would be desirable to make clear that both options - limited and unlimited liability - are open. (HSCH) [de

  11. Should nuclear liability limits be removed. No

    International Nuclear Information System (INIS)

    Pape, E.C.

    1985-01-01

    The opposing view to the proposition that limits on nuclear liability under the Price-Anderson Act should be removed cites the historical recognition of the need to protect the public as it was defined in 1957. The limit on liability today is $630 million per nuclear incident, with total protection continuing to increase as new plants come on line and additional purchased insurance becomes available. The limit gives the industry an incentive to commit capital and technical resources to develop new technology. Removing the limit would increase costs, but not benefits, for electric consumers, and would require a new way to protect the public other than through purchased insurance or the utility's resources. The industry will support raising the limit, however

  12. Finance, providers issue brief: insurer liability.

    Science.gov (United States)

    Rothouse, M; Stauffer, M

    2000-05-24

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

  13. Review of the nuclear liability act

    International Nuclear Information System (INIS)

    1990-01-01

    There has always been concern that nuclear materials have the potential to cause injury and property damage. For this reason, nuclear operators have always been required by national regulatory authorities to exercise special precautions in the operation of their facilities. Federal legislation was drafted in Canada as the Nuclear Liability Act in 1970. The Act ensures that funds are available from all operators of nuclear facilities to provide financial compensation to third parties for injuries or damages suffered as a result of a nuclear incident; at the same time the Act provides protection to the operators by limiting their related liability. The Act also protects persons other than operators. The review of the Act has progressed in stages. The first stage was conducted by the staff of the Atomic Energy Control Board and catalogued previously identified difficulties with the Act. The second stage was a preliminary examination of the Act by an Interdepartmental Working Group. 2 figs

  14. Liability concerns in contraceptive research and development.

    Science.gov (United States)

    Segal, S J

    1999-12-01

    The history of liability claims in the US against contraceptive products is among the issues that discourage manufacturers from investing in discovery and development in this field. Other factors are the high cost of new drug development, elevated insurance rates for contraceptives, and the desire to avoid controversy that can disturb corporate tranquility. General features of the American legal system influence the large number and cost of product liability claims in the US compared to Europe. These differences pertain to issues such as the role of judges, how lawyers receive their compensation, and the use of expert scientific testimony. The history of litigation in the US against pharmaceutical products and devices pertaining to women's health suggests that interventions that involve the reproductive system are held to different standards or elicit different emotional responses than other pharmaceutical products or devices.

  15. Ordinance on nuclear third party liability (ORCN)

    International Nuclear Information System (INIS)

    1983-12-01

    The Ordinance exempts from the application of the 1983 Act on Nuclear Third Party Liability some substances with low radiation effects. It determines the amount of private insurance cover and defines the risks that insurers may exclude from cover. It establishes a special fund for nuclear damage made up of contributions from the nuclear operators. Specifications are given on the amount of the contributions and their conditions, as well as on administration of the fund. The Ordinance repeals the Ordinance of 13 June 1960 on funds for delayed atomic damage, the Order of 19 December 1960 on contributions to the fund for delayed atomic damage and the Ordinance of 30 November 1981 on cover for third party liability resulting from nuclear power plant operation [fr

  16. Risiko Likuiditas Bank dan Asset Liabilities Management

    OpenAIRE

    Lesmana, Iwan

    2007-01-01

    Uquidity is of critical importance to companies in the banking services sector. Most failures of financialintermediaries have occured in large part due to insufficient liquidity resulting from adverse circumstances.Goldman Sachs has in piace a comprehensive set of liquidity and funding policies that are intended tomaintain significant flexibility to address specific and broader industry or market liquidity events.In asset liabilities mal1agement or liquidity management, liquidity risk is mana...

  17. Office gossip: a surprising source of liability.

    Science.gov (United States)

    Gregg, Robert E

    2003-01-01

    Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws.

  18. Contractual medical liability in Portugal and Macao

    Directory of Open Access Journals (Sweden)

    Rui Miguel Prista Patrício Cascão

    2016-09-01

    Full Text Available Liability of healthcare providers can be framed under the theory of contract in the law of Portugal and Macao, to obtain compensation for injury suffered by aggrieved patients, as a result of medical adverse events. However, shortcomings in the law, court practice and literature lead to some uncertainty in adjudication. This article aims at reducing said uncertainty, setting forward a clear-cut adjudication paradigm, while recommending legal reform.

  19. Development of international law concerning nuclear liability

    International Nuclear Information System (INIS)

    Ifflaender, G.; Kantner, G.

    1979-01-01

    A short overview is given of the most important international conventions relating to civil liability for damage to, or loss of, life of persons or property, caused by nuclear incidents during the operation of stationary and non-stationary nuclear installations or transport of nuclear material. In accord with the international provisions, in the German Democratic Republic too, nuclear operators are exclusively liable for such damage unless it has been caused intentionally by the injury party. (author)

  20. Nuclear Reactors and Their Legal Liability Insurance

    International Nuclear Information System (INIS)

    Ekener, H.

    1999-09-01

    This paper examines Regulatory Regime in Turkey has no general Nuclear Energy Act and apart from legislation to the Turkish Atomic Energy Authority, the applicable law mainly covers protection and the licensing against of nuclear installation. In Addition this paper also contains briefly the major points which have to be taken into consideration and advance in the legal liability insurance of the nuclear power plants

  1. Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

    International Nuclear Information System (INIS)

    Hoche, A.

    1988-01-01

    In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

  2. Common and specific liability to addiction: approaches to association studies of opioid addiction.

    Science.gov (United States)

    Nielsen, David A; Kreek, Mary Jeanne

    2012-06-01

    Opioid addiction, whether to opiates such as heroin and morphine, and/or to non-medical use of opioids, is a major problem worldwide. Although drug-induced and environmental factors are essential for the liability to develop opioid addiction, the genetic background of an individual is now known also to play a substantial role. The overall goal of this article is to address the common and specific liabilities to addiction in the context of approaches to studies of one addiction, opioid addiction. Literature on identifying genetic variants that may play a role in the development of opioid addiction was reviewed. A substantial number of genetic variants have been reported to be associated with opioid addiction. No single variant has been found in any of the reported GWAS studies with a substantial effect size on the liability to develop heroin addiction. It appears that there is a complex interaction of a large number of variants, some rare, some common, which interact with the environment and in response to specific drugs of abuse to increase the liability of developing opioid addiction. In spite of the inherent difficulties in obtaining large well-phenotyped cohorts for genetic studies, new findings have been reported that are being used to develop testable hypotheses into the biological basis of opioid addiction. Copyright © 2012. Published by Elsevier Ireland Ltd.

  3. Electricity: taxes on emission liabilities. An examination of the economic effectiveness of Polluter Pays Principles

    International Nuclear Information System (INIS)

    Rahman, A.M.; Edwards, C.A.

    2004-01-01

    In spite of the resolutions of Conference of Parties on Climate Change (COP7), policy practitioners in many countries are currently obligated to react to perceived domestic environmental damages. Like few other sectors, utilities, especially, coal-based electricity generation is often identified as a major source of emission. Since the generating companies and end-users have joint interests in profit maximization but may dichotomize in their activities, the policy practitioners are struggling in designing a unique domestic emission policy. Both law and economic theory suggest that companies should be made to pay the costs of the pollution through assignment and enforcement of full liability--Polluter Pays Principles--and then pass these incurred costs on to end-users by charging higher rates per kWh of electricity usage. Questioning this full liability in designing emission policy with implicit weighting of welfare gains and losses to society as a whole, a three-group (consumers, producers and victims of the emission) supply-demand model is developed, and the net welfare effects are analyzed. With plausible parameter values, our analysis shows that the intermediate liabilities over a full or zero liability are preferable on both economic efficiency and equity grounds. However, the model is quite sensitive to the parameter values

  4. Revised Paris and Vienna Nuclear Liability Conventions - Challenges for Nuclear Insurers

    International Nuclear Information System (INIS)

    Tetley, M.

    2006-01-01

    The revisions recently implemented to both the Vienna and Paris nuclear liability Conventions are intended to widen significantly the amount and scope of compensation payable in the event of a nuclear accident. Whilst this is a laudable objective, the final extent of the revisions leaves nuclear site operators and their insurers with greater uncertainty as a result of the wider and unquantifiable nature of some aspects of the revised nuclear damage definition, in particular where reference is made to environmental reinstatement and extended prescription periods. Incorporating broader definitions in the Convention revisions will therefore leave gaps in the insurance cover where insurers are unable to insure the new, wider scope of cover. If no insurance is available, then the liability for the revised scope of cover must fall upon either the operator or the national Government. This presentation will give an overview of where and why the major gaps in nuclear liability insurance cover will occur in the revised Conventions; it will also examine the problems in defining the revised scope of cover and will look at where these unquantifiable risks should now reside, to ensure there is equity between the liabilities imposed on the nuclear industry and those imposed on other industrial sectors. (author)

  5. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    International Nuclear Information System (INIS)

    Stephens, Michael E.; Brooks, Sheila M.; Miller, Joan M.; Mason, Robert A.

    2011-01-01

    In 2006, Atomic Energy of Canada Limited (AECL) and Natural Resources Canada (NRCan) began implementing a $7B CDN, 70-year Nuclear Legacy Liabilities Program (NLLP) to deal with legacy decommissioning and environmental issues at AECL nuclear sites. The objective of the NLLP is to safely and cost-effectively reduce the nuclear legacy liabilities and associated risks based on sound waste management and environmental principles in the best interest of Canadians. The liabilities include shutdown research and prototype power reactors, fuel handling facilities, radiochemical laboratories, support buildings, radioactive waste storage facilities, and contaminated lands at several sites located across eastern Canada from Quebec to Manitoba. The largest site, Chalk River Laboratories (CRL) in Ontario, will continue as an operational nuclear site for the foreseeable future. Planning and delivery of the Program is managed by the Liability Management Unit (LMU), a group that was formed within AECL for the purpose. The composition and progress of the NLLP has been reported in recent conferences. The NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites, and by various technical groups as suppliers to the LMU. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (which will conclude 2011 March), in planning the five-year second phase (which is currently being finalized), and in planning individual and interacting activities within the Program. The activities to be undertaken in the start-up phase were planned by a small group of AECL technical experts using the currently available information on the liabilities. Progress in executing the Program was slower than anticipated due to less than ideal alignment between some planned technical solutions and the actual requirements, as well as the

  6. Minimizing generator liability while disposing hazardous waste

    International Nuclear Information System (INIS)

    Canter, L.W.; Lahlou, M.; Pendurthi, R.P.

    1991-01-01

    Potential liabilities associated with hazardous waste disposal are related to waste properties, disposal practices and the potential threat to people and the environment in case of a pollutant release. Based on various regulations, these liabilities are enforceable and longstanding. A methodology which can help hazardous waste generators select a commercial disposal facility with a relatively low risk of potential liability is described in this paper. The methodology has two parts. The first part has 8 categories encompassing 30 factors common to all facilities, and the second part includes one category dealing with 5 factors on specific wastes and treatment/disposal technologies. This two-part evaluation feature enables the user to adapt the methodology to any type of waste disposal. In determining the scores for the factors used in the evaluation. an unranked paired comparison technique with slight modifications was used to weight the relative importance of the individual factors. In the methodology it is possible for the user to redefine the factors and change the scoring system. To make the methodology more efficient, a user-friendly computer program has been developed; the computer program is written so that desired changes in the methodology can be readily implemented

  7. Nuclear Liability, State of the Art

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2010-01-01

    Over fifty years ago states started to introduce legislation protecting the public against the potential magnitude and peculiarity of risks arising from the nuclear energy production. They did so trough a specific liability and compensation regime. Whether legislation was based on national initiatives or, as more frequently, related to international nuclear liability conventions, it was based on a number of principles being applied universally. Furthermore, it at the same time strived for not preventing the development of the nuclear industry because of an unbearable liability. This paper aims at explaining the broad outline of the above legislation, its development since its early years, the state of the art as regards its modernisation as well as the (alleged) problems underlying the delay in its introduction in a number of countries. When dealing with those problems it will be inevitable to touch upon a number of insurance related matters, which, as an insurer I am happy to tell, will lead me to familiar territory.(author).

  8. THE UNPREDICTABILITY THEORY AND THE CONTRACTUAL LIABILITY

    Directory of Open Access Journals (Sweden)

    CRISTINA ZAMSA

    2011-04-01

    Full Text Available The purpose of the present study is to establish a relationship between the unpredictability theory and the contractual liability, from both theoretical and practical point of view. Usually, the unpredictability is invoked by way of defense by the debtor, refusing to perform the excessively onerous obligation. However the unpredictability theory shall apply also to the hypothesis of a performed obligation, by way of main action, depending on more factors: the nature of the agreement, investigating the attitude of the party affected by the unpredictability. Observing the conditions and the effects of these two ways of invoking the unpredictability will form the objectives of the present study.The debtor of the excessively onerous, in order to avoid the contractual liability, shall nevertheless perform such obligation, by carrying along some additional costs. If subsequently, the creditor shall refuse to revise the agreement and implicitly, to reimburse the exorbitant costs, the debtor will have to raise the unpredictability by way of action, in order to recover the exorbitant costs in performing the obligation. In such case, the unpredictability is accompanied by another legal issue: the contractual liability of the co-contractor of the party affected by unpredictability.

  9. Eye-based Direct Interaction for Environmental Control in Heterogeneous Smart Environments

    Science.gov (United States)

    Corno, Fulvio; Gale, Alastair; Majaranta, Päivi; Räihä, Kari-Jouko

    environmental control is the control, operation, and monitoring of an environment via intermediary technology such as a computer. Typically this means control of a domestic home.Within the scope of COGAIN, this environmental control concerns the control of the personal environment of a person (with or without a disability). This defines environmental control as the control of a home or domestic setting and those objects that are within that setting. Thus, we may say that environmental control systems enable anyone to operate a wide range of domestic appliances and other vital functions in the home by remote control. In recent years the problem of self-sufficiency for older people and people with a disability has attracted increasing attention and resources. The search for new solutions that can guarantee greater autonomy and a better quality of life has begun to exploit easily available state-of-the-art technology. Personal environmental control can be considered to be a comprehensive and effective aid, adaptable to the functional possibilities of the user and to their desired actions.

  10. Limiting Civil Liability in the Sphere of Business Auditing

    Directory of Open Access Journals (Sweden)

    Carmen COSTULEANU

    2011-09-01

    Full Text Available The statutory audit of business entities is represented by the audit of annual financial accounts or consolidated financial accounts, according to the Community legislation transposed in national regulations. Negligence or imprudence in performing the activities related to this type of audit entail special consequences. It is to some of the elements derived from this context that we refer in this paper, especially as there is often the underlying risk for the auditor to be held liable. It is worth noting that one cannot claim several compensations for the same action. Then, the auditor is not jointly liable with the other authors of the illicit actions which have caused damages. On the other hand, limited liability does not apply to the situations when it has been proven that the auditor has breached his professional duties with direct intent.

  11. International environmental legislation; Internationales Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Proelss, Alexander (ed.) [Trier Univ. (Germany)

    2017-07-01

    The book on international environmental legislation includes the following contributions: Development, sources and actors concerning the international environmental legislation, cross-national environmental justice, principles of the international environmental legislation, environmental protection by lawsuit, environmental protection and human right, environmental protection and trading, responsibility and liability, peaceful settlement of disputes, climatic change, preservation and sustainable use of the biodiversity, protection of air and space, oceanic protection, protection of inland waters, protection of the Antarctic and Arctic environment, waste and hazardous materials legislation.

  12. Effects of the integrated pollution prevention and control directive on environmental protection

    Energy Technology Data Exchange (ETDEWEB)

    Kat, W. [Corus Staal BV, Evironmental Manangement Dept. (Netherlands)

    2005-06-01

    The Integrated Pollution Prevention and Control Directive (IPPC) published in the EU in 1996 is presented within an approach based on source-targeted measures. The Directive implementation is based on the granting of permits and it introduces new concepts like Best Available Technique (BAT), Best Reference Document (BREF) and Level Playing Field (LPF). The consequences for the EU steel industry are discussed. (author)

  13. In the shadow of the Cosmetic Directive--inconsistencies in EU environmental hazard classification requirements for UV-filters.

    Science.gov (United States)

    Sobek, A; Bejgarn, S; Rudén, C; Molander, L; Breitholtz, M

    2013-09-01

    UV-filters are chemicals with potentially environmental hazardous properties. In the European Union (EU), UV-filters contained in sunscreen products are currently regulated by the Cosmetic Directive (from July 2013 by the Cosmetic Products Regulation). Environmental hazard classifications according to the regulation on classification, labelling and packaging of substances and mixtures (CLP) must be determined for UV-filters contained in industrial chemical products, whereas UV-filters contained in sunscreens are exempted from CLP. In this study we determined the potential environmental hazard classifications of UV-filters and sunscreen products if the CLP regulation was to be required for cosmetic products. Two sunscreen products were evaluated in accordance with the aquatic environmental hazard criteria for mixtures. The results highlight that the inconsistencies in the current EU regulation of UV filters hamper the risk management of environmental hazards of UV filters used in cosmetic products. Almost 50% of the investigated UV-filters approved for use in cosmetic products on the European market according to the current Cosmetic Directive were identified to meet the CLP classification as being hazardous to the aquatic environment. Assuming a worst-case scenario, the two examined sunscreens could both be classified as hazardous to the aquatic environment with long-lasting effects according to CLP classification criteria. Hence, if the CLP regulation was applicable to sunscreen products, both brands could potentially be labelled with the environmental hazard pictogram and associated hazard and precautionary statements. Including cosmetic products, and thereby sunscreens, in the CLP regulation would contribute to a more harmonized and transparent regulation of potentially hazardous substances on the EU market. Copyright © 2013 Elsevier B.V. All rights reserved.

  14. Nuclear liability and research reactor fuel. A plant supplier's view

    International Nuclear Information System (INIS)

    Roegler, H.-J.; Hetzmann, A.

    2000-01-01

    Contracts on Research Reactors are normally entered into by the owner and - very often - later user and the supplier of such plants. They are not concluded by the fuel supplier, except fuel supplier and plant supplier are identical. Thus, the fuel supplier mostly has no direct influence into the contract negotiations and the clauses which are eventually agreed upon between the parties. So has any other subcontractor for any other system or component. Any such subsupplier can and will negotiate a subsidiary supply contract (subcontract) with the supplier of the plant. The supplier drafts the related clauses so as to pass on to the subsupplier as many risks out of his contracts as possible. The subsupplier, on the other hand, tries to protect himself, tries to limit the risks he takes over, e.g. to the worth of his subcontract maximum. A critical issue in such negotiations is those concerning the risks the supplier had to accept and the subsupplier, although he may be responsible later for the risk changing to reality; i.e. the occurrence of a loss, cannot be hold liable for in full because the subcontract limits his liability, e.g. to the subcontract value or a certain delay penalty. A typical example for this conflict are delays of the entire project caused by one subsupplier. A very specific case in this context is the so-called nuclear liability. Nuclear liability means being hold responsible for the consequences or damages originating from a nuclear event in the plant. Those consequences or damages may be suffered by third parties, which are neither the owner/operator nor the supplier and result in a liability to such party (third party liability). Several of the aspects below may be related to the nuclear liability issue: The supplier often has its registered office not in the country where the plant is; The supplier may have far bigger assets than the owner/operator. The legal system of the supplier's country may be more favourable for enforcing claims of

  15. Investigation of the environmental Kuznets curve for carbon emissions in Malaysia: Do foreign direct investment and trade matter?

    International Nuclear Information System (INIS)

    Lau, Lin-Sea; Choong, Chee-Keong; Eng, Yoke-Kee

    2014-01-01

    Environmental degradation has become a central issue of discussion among the economists and environmentalists. In view of Malaysia's position as one of the main contributors to CO 2 emissions in Asia and its status as a fast growing economy, it is vital, therefore, to conduct a study to identify the relationship between economic growth and CO 2 emissions for Malaysia. This study attempts to examine empirically the environmental Kuznets curve hypothesis for Malaysia in the presence of foreign direct investment and trade openness both in the short- and long-run for the period 1970 to 2008.The bounds testing approach and Granger causality methodology are applied to test the interrelationships of the variables. The results of our study indicate that the inverted-U shaped relationship does exist between economic growth and CO 2 emission in both the short- and long-run for Malaysia after controlling for two additional explanatory variables, namely FDI and trade. Importantly, the results of the study also provide some crucial policy recommendations to the policy makers. - Highlights: • Examining environmental Kuznets curve hypothesis by incorporating FDI and trade. • FDI promotes higher economic growth and leads to higher environmental degradation. • Both FDI and trade directly influence CO 2 emission and economic growth. • Attraction of technology-oriented FDI is crucial for the quality of environment

  16. Liability for the Payment of Public School Fees

    Directory of Open Access Journals (Sweden)

    M Carnelley

    2011-10-01

    Full Text Available The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA. The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

  17. Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Bittar, C A

    1983-12-31

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs.

  18. Liability for on-site nuclear property damage

    International Nuclear Information System (INIS)

    Neems, H.J.

    2000-01-01

    Typically, liability for on-site property addressed in contracts between operator and its suppliers. Nuclear power plant operators ordinarily protect themselves against risk of nuclear damage to on-site property by insurance. Nuclear liability laws do not specifically address liability for nuclear damage to on-site property. Nuclear plant owners should address risk of damage to on-site property when developing risk management program

  19. The Direct and Indirect Effects of Environmental Factors on Nurturing Intellectual Giftedness

    Science.gov (United States)

    Al-Shabatat, Ahmad Mohammad; Abbas, Merza; Ismail, Hairul Nizam

    2011-01-01

    Many people believe that environmental factors promote giftedness and invest in many programs to adopt gifted students providing them with challenging activities. Intellectual giftedness is founded on fluid intelligence and extends to more specific abilities through the growth and inputs from the environment. Acknowledging the roles played by the…

  20. Direct and indirect effects of ownership on firm-level environmental performance

    Czech Academy of Sciences Publication Activity Database

    Earnhart, D.; Lízal, Lubomír

    2007-01-01

    Roč. 45, č. 4 (2007), s. 66-87 ISSN 0012-8775 Institutional research plan: CEZ:AV0Z70850503 Keywords : ownership structure * firm-level environmental performance * transition economy Subject RIV: AH - Economics Impact factor: 0.413, year: 2007

  1. Valuation of Non-Life Liabilities from Claims Triangles

    Directory of Open Access Journals (Sweden)

    Mathias Lindholm

    2017-07-01

    Full Text Available This paper provides a complete program for the valuation of aggregate non-life insurance liability cash flows based on claims triangle data. The valuation is fully consistent with the principle of valuation by considering the costs associated with a transfer of the liability to a so-called reference undertaking subject to capital requirements throughout the runoff of the liability cash flow. The valuation program includes complete details on parameter estimation, bias correction and conservative estimation of the value of the liability under partial information. The latter is based on a new approach to the estimation of mean squared error of claims reserve prediction.

  2. Vicarious liability and criminal prosecutions for regulatory offences.

    Science.gov (United States)

    Freckelton, Ian

    2006-08-01

    The parameters of vicarious liability of corporations for the conduct of their employees, especially in the context of provisions that criminalise breaches of regulatory provisions, are complex. The decision of Bell J in ABC Developmental Learning Centres Pty Ltd v Wallace [2006] VSC 171 raises starkly the potential unfairness of an approach which converts criminal liability of corporations too readily into absolute liability, irrespective of the absence of any form of proven culpability. The author queries whether fault should not be brought back in some form to constitute a determinant of criminal liability for corporations.

  3. Unlimited - nuclear liabilities in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Arendt, W.

    1986-01-01

    Unlimited nuclear liabilities as in force in the Federal Republic of Germany go beyond the international rules of the Paris liability agreement. The unlimited liability mainly roots in the positive operational experiences and safety balance of the 20 nuclear power plants which meanwhile are in operation in the Federal Republic of Germany. Nuclear liabilities must not be confounded with scepticism as to the utilization of nuclear power. Extraordinary requirements of that kind should rather be reflecting responsibility and clear ideas and notions of the advantages and risks of nuclear energy. (HSCH) [de

  4. Legal liabilities in continuing education: protecting your institution and yourself.

    Science.gov (United States)

    Allington, G H; Cava, A

    1988-01-01

    Continuing medical education (CME) activities conducted by medical schools, institutions, or organizations contain inherent liability potentials that should be recognized. Three major areas for potential liability should be carefully regarded by individuals who supervise, organize, or plan educational programs. These are: 1) contract liability--specifically in contracts with hotels, i.e., cancellation clauses, warranties, and indemnifications; 2) liability for ensuring the health and safety of individuals, i.e., fire, security, hazards, emergency procedures, and alcohol at functions; and 3) appropriate and adequate insurance coverage.

  5. FEATURES OF PROFESSIONAL LIABILITY INSURANCE REALIZATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    О. Lobova

    2015-04-01

    Full Text Available The signs of professional liability insurance are generalized in the article. It is the presence of losses, additional costs that require mechanisms and sources of compensation. The essence of the professional responsibility concept is determined and it is characterized like specialists material liability of different professions, lack of qualifications, errors and omissions are due to carelessness or negligence may cause harm to the client The main elements of the professional liability insurance contract, such as insurance objects, insurance compensation, insurance risks are described. The types of professional liability insurance are characterized. There are such types of the professional liability insurance: professional liability insurance of architect, lawyer, auditor (accountant, appraiser, notary, customs broker and doctor. It is determined, that the most widespread in Ukraine is the professional liability insurance of lawyer and customs broker because the policy is purchased for the sole purpose to obtain a license. The size of insurance rates in the provision of professional liability insurance in different insurance companies of Ukraine are analyzed. It is established that insurance rate depends on the type of professional activity, scope of service, qualifications and the other factors. The development impulse can only provide judicial and legal definition of professions wide list that are subject under mandatory professional liability insurance.

  6. Environmental Barrier Coating Development for SiC/SiC Ceramic Matrix Composites: Recent Advances and Future Directions

    Science.gov (United States)

    Zhu, Dongming

    2016-01-01

    This presentation briefly reviews the SiC/SiC major environmental and environment-fatigue degradations encountered in simulated turbine combustion environments, and thus NASA environmental barrier coating system evolution for protecting the SiC/SiC Ceramic Matrix Composites for meeting the engine performance requirements. The presentation will review several generations of NASA EBC materials systems, EBC-CMC component system technologies for SiC/SiC ceramic matrix composite combustors and turbine airfoils, highlighting the temperature capability and durability improvements in simulated engine high heat flux, high pressure, high velocity, and with mechanical creep and fatigue loading conditions. This paper will also focus on the performance requirements and design considerations of environmental barrier coatings for next generation turbine engine applications. The current development emphasis is placed on advanced NASA candidate environmental barrier coating systems for SiC/SiC CMCs, their performance benefits and design limitations in long-term operation and combustion environments. The efforts have been also directed to developing prime-reliant, self-healing 2700F EBC bond coat; and high stability, lower thermal conductivity, and durable EBC top coats. Major technical barriers in developing environmental barrier coating systems, the coating integrations with next generation CMCs having the improved environmental stability, erosion-impact resistance, and long-term fatigue-environment system durability performance will be described. The research and development opportunities for turbine engine environmental barrier coating systems by utilizing improved compositions, state-of-the-art processing methods, and simulated environment testing and durability modeling will be briefly discussed.

  7. Medical liability and health care reform.

    Science.gov (United States)

    Nelson, Leonard J; Morrisey, Michael A; Becker, David J

    2011-01-01

    We examine the impact of the Affordable Care Act (ACA) on medical liability and the controversy over whether federal medical reform including a damages cap could make a useful contribution to health care reform. By providing guaranteed access to health care insurance at community rates, the ACA could reduce the problem of under-compensation resulting from damages caps. However, it may also exacerbate the problem of under-claiming in the malpractice system, thereby reducing incentives to invest in loss prevention activities. Shifting losses from liability insurers to health insurers could further undermine the already weak deterrent effect of the medical liability system. Republicans in Congress and physician groups both pushed for the adoption of a federal damages cap as part of health care reform. Physician support for damages caps could be explained by concerns about the insurance cycle and the consequent instability of the market. Our own study presented here suggests that there is greater insurance market stability in states with caps on non-economic damages. Republicans in Congress argued that the enactment of damages caps would reduce aggregate health care costs. The Congressional Budget Office included savings from reduced health care utilization in its estimates of cost savings that would result from the enactment of a federal damages cap. But notwithstanding recent opinions offered by the CBO, it is not clear that caps will significantly reduce health care costs or that any savings will be passed on to consumers. The ACA included funding for state level demonstration projects for promising reforms such as offer and disclosure and health courts, but at this time the benefits of these reforms are also uncertain. There is a need for further studies on these issues.

  8. The limited liability company in Romania versus the limited liability company in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Silvia Lucia CRISTEA

    2013-06-01

    Full Text Available The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

  9. Negligent Liability Issues Involving Colleges and Students: Does an Ethic of Caring Heighten Institutional Liability?

    Science.gov (United States)

    Beckham, Joseph; Pearson, Douglas

    This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses the question of how and to what extent institutions of higher learning could be held liable for negligence involving students. The paper is, mainly, a review of recent case law related to the liability of…

  10. The limited liability company in Romania versus the limited liability company in the Republic of Moldova

    OpenAIRE

    Silvia Cristea; Nicoleta Cristina Ifrim

    2013-01-01

    The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC) Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

  11. [Beginners' operations and medical specialist standards : Avoidance of criminal liability and civil liability].

    Science.gov (United States)

    Schneider, H

    2018-05-16

    In all phases, patients are entitled to receive medical treatment according to medical specialist standards. This does not mean that patients necessarily have to be treated by a medical specialist. Operations performed by "beginners", e. g. assistant physicians, are permitted. However, there are increased liability risks, both for the specialist and the assistant physician. Furthermore, there are risks of criminal responsibility for causing bodily harm by negligence or negligent manslaughter. This article portrays the requirements of civil liability and criminal responsibility concerning beginners' operations on the basis of cases and judgments of the Federal Court and the Higher Regional Courts in Germany. Additionally, the reception of the jurisprudence by the relevant legal literature will be discussed. Jurisprudence and legal literature categorize breaches of duty of care. Assistant physicians can be subject to contributory negligence liabilities, while specialists can bear liabilities for negligent selection, organization or supervision. Responsible specialist and assistant physicians can protect themselves (and the patient) and avoid legal risks by only performing operations adequate to their educational level or by delegating operations to beginners and ensuring intervention by a specialist by supervision of the operation which is suitable to the assistant physician's level of education.

  12. Development of a direct observation Measure of Environmental Qualities of Activity Settings.

    Science.gov (United States)

    King, Gillian; Rigby, Patty; Batorowicz, Beata; McMain-Klein, Margot; Petrenchik, Theresa; Thompson, Laura; Gibson, Michelle

    2014-08-01

    The aim of this study was to develop an observer-rated measure of aesthetic, physical, social, and opportunity-related qualities of leisure activity settings for young people (with or without disabilities). Eighty questionnaires were completed by sets of raters who independently rated 22 community/home activity settings. The scales of the 32-item Measure of Environmental Qualities of Activity Settings (MEQAS; Opportunities for Social Activities, Opportunities for Physical Activities, Pleasant Physical Environment, Opportunities for Choice, Opportunities for Personal Growth, and Opportunities to Interact with Adults) were determined using principal components analyses. Test-retest reliability was determined for eight activity settings, rated twice (4-6wk interval) by a trained rater. The factor structure accounted for 80% of the variance. The Kaiser-Meyer-Olkin Measure of Sampling Adequacy was 0.73. Cronbach's alphas for the scales ranged from 0.76 to 0.96, and interrater reliabilities (ICCs) ranged from 0.60 to 0.93. Test-retest reliabilities ranged from 0.70 to 0.90. Results suggest that the MEQAS has a sound factor structure and preliminary evidence of internal consistency, interrater, and test-retest reliability. The MEQAS is the first observer-completed measure of environmental qualities of activity settings. The MEQAS allows researchers to assess comprehensively qualities and affordances of activity settings, and can be used to design and assess environmental qualities of programs for young people. © 2014 Mac Keith Press.

  13. Asset Liability Management in Insurance Company

    OpenAIRE

    Giandomenico, Rossano

    2006-01-01

    The model, by using the option theory, determines the fair value of the insurance life policies with different time of maturity and shows that the effective liabilities duration of an Insurance Company exposed to the default risk is different from the duration of a default free zero coupon bond with the same time of maturity. Furthermore, it shows that the value of equity can be immunized in a dynamic way with respect to the movement of the spot rate by selling and purchasing the default fre...

  14. Harmonisation of Nuclear Liability Regimes in Europe

    International Nuclear Information System (INIS)

    Sladonja, B.

    2000-01-01

    After we have learned about the current discussions concerning the Paris Convention revision exercise and the open matters relating to the liability limits and insurance for nuclear damages, prescription period, definition of nuclear damage etc. and different approaches in some PCC in adopting their legislation as well as about the adoption of the Protocol to Amend the Vienna Convention and Convention on Supplementary Compensation for Nuclear Damage, within the Vienna Convention countries, during the obtained Session 9 of this Conference we will focus our attention on the matters which has been discovered from the moment when the reports has been written till the date of this Conference

  15. Management of nuclear liabilities in Germany

    International Nuclear Information System (INIS)

    Roser, T.

    1995-01-01

    The management of nuclear liabilities in the Federal Republic of Germany is explored in this article. The intermediate storage and final disposal of spent fuels from the country's twenty nuclear power stations is discussed. Flexible solutions to the changing problems of nuclear fuel cycle economics are needed. Financing the back end of the nuclear power station lifetimes is currently underfunded. Monies should be accumulated during the plant's active life. The political, technical, legal and economic aspects of the nuclear industry must also be included. (UK)

  16. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    Science.gov (United States)

    2010-04-02

    ... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

  17. Is Earth F**ked? Dynamical Futility of Global Environmental Management and Possibilities for Sustainability via Direct Action Activism

    Science.gov (United States)

    wErnEr, B.

    2012-12-01

    Environmental challenges are dynamically generated within the dominant global culture principally by the mismatch between short-time-scale market and political forces driving resource extraction/use and longer-time-scale accommodations of the Earth system to these changes. Increasing resource demand is leading to the development of two-way, nonlinear interactions between human societies and environmental systems that are becoming global in extent, either through globalized markets and other institutions or through coupling to global environmental systems such as climate. These trends are further intensified by dissipation-reducing technological advances in transactions, communication and transport, which suppress emergence of longer-time-scale economic and political levels of description and facilitate long-distance connections, and by predictive environmental modeling, which strengthens human connections to a short-time-scale virtual Earth, and weakens connections to the longer time scales of the actual Earth. Environmental management seeks to steer fast scale economic and political interests of a coupled human-environmental system towards longer-time-scale consideration of benefits and costs by operating within the confines of the dominant culture using a linear, engineering-type connection to the system. Perhaps as evidenced by widespread inability to meaningfully address such global environmental challenges as climate change and soil degradation, nonlinear connections reduce the ability of managers to operate outside coupled human-environmental systems, decreasing their effectiveness in steering towards sustainable interactions and resulting in managers slaved to short-to-intermediate-term interests. In sum, the dynamics of the global coupled human-environmental system within the dominant culture precludes management for stable, sustainable pathways and promotes instability. Environmental direct action, resistance taken from outside the dominant culture, as in

  18. Assessment of the environmental status in Hellenic coastal waters (Eastern Mediterranean: from the Water Framework Directive to the Marine Strategy Water Framework Directive.

    Directory of Open Access Journals (Sweden)

    N. SIMBOURA

    2014-11-01

    Full Text Available A  methodology is presented to assess the environmental status sensu the Marine Strategy Water Framework Directive (MSFD based on data obtained from the monitoring of water quality in the Hellenic coastal waters within the Water Framework Directive (WFD.   An adapted decision tree used for integrating the results of the WFD in the Basque country was applied. Modifications lie to the evaluation of the physicochemical status based on a eutrophication index developed for Eastern Mediterranean waters. Results on hydromorphological, physicochemical and biological elements are presented. The chemical status was evaluated based on measurements of heavy metals in water. The evaluation of the biological quality was based on the use of metrics developed for phytoplankton biomass, benthic macroinvertebrates and macroalgae updated to accommodate MSFD needs. Results on the integrative status of the water bodies were validated by correlating classification results with a pressure index and environmental indicators in water column and sediment. Following this decision tree the majority of stations expected to be at risk of achieving the good status were found in moderate status. Benthos was found to be the element with the closest agreement with the integrated final status having an increased weighting in the decision tree. The quality of benthos and in some  limited cases  the eutrophication index determined largely the final status. The highest disagreement with the integrative classification was produced by macroalgae. All indicators used correlated with water and sediment parameters but benthos correlated better with sediment factors while phytoplankton and eutrophication index with water column parameters.

  19. New nuclear legislation proposals from the European Commission funds to cover nuclear liabilities

    International Nuclear Information System (INIS)

    Taylor, Derek M.

    2003-01-01

    On 30 January 2003, the European Commission adopted two proposals for new Directives in the area of nuclear safety: - a proposal for a Council Directive defining the basic obligations and the general principles on the safety of nuclear installations; - a proposal for a Council Directive on the management of spent nuclear fuel and radioactive waste. The first of these includes a requirement for the setting up of 'decommissioning funds'. However, this is a 'short-hand' title as the funds must cover all nuclear liabilities that remain after the end of operation of a nuclear installation, not just its closure and dismantling. The liabilities that remain following the closure of a nuclear installation need to be managed safely. They also need to be managed over a period that ranges from decades to centuries. It is vitally important that the financial resources for the safe management of these liabilities can be guaranteed over the full period. In the Commission's view, this can be best achieved by establishing a segregated fund that is built up over the operating life of the facility and by placing clear limitations on how the fund may be used. Ideally the segregated fund should be 'external' to the company and managed in such a way to ensure that it retains its value. The funds should not be spent on anything other than their identified purpose. The fund should be sufficient to cover all liabilities that remain once a facility stops generating revenue. These liabilities would include long-term management of spent nuclear fuel and all radioactive waste (including its disposal), not already paid for during operation, and the full dismantling of the facility. The Directive should cover all nuclear installations, not just nuclear power plants. It would not be logical to require a fund to cover reactor decommissioning, but not for a reprocessing plant. Special provisions will have to be made for those installations, such as some research reactors, that do not generate

  20. In the shadow of the Cosmetic Directive — Inconsistencies in EU environmental hazard classification requirements for UV-filters

    International Nuclear Information System (INIS)

    Sobek, A.; Bejgarn, S.; Rudén, C.; Molander, L.; Breitholtz, M.

    2013-01-01

    UV-filters are chemicals with potentially environmental hazardous properties. In the European Union (EU), UV-filters contained in sunscreen products are currently regulated by the Cosmetic Directive (from July 2013 by the Cosmetic Products Regulation). Environmental hazard classifications according to the regulation on classification, labelling and packaging of substances and mixtures (CLP) must be determined for UV-filters contained in industrial chemical products, whereas UV-filters contained in sunscreens are exempted from CLP. In this study we determined the potential environmental hazard classifications of UV-filters and sunscreen products if the CLP regulation was to be required for cosmetic products. Two sunscreen products were evaluated in accordance with the aquatic environmental hazard criteria for mixtures. The results highlight that the inconsistencies in the current EU regulation of UV filters hamper the risk management of environmental hazards of UV filters used in cosmetic products. Almost 50% of the investigated UV-filters approved for use in cosmetic products on the European market according to the current Cosmetic Directive were identified to meet the CLP classification as being hazardous to the aquatic environment. Assuming a worst-case scenario, the two examined sunscreens could both be classified as hazardous to the aquatic environment with long-lasting effects according to CLP classification criteria. Hence, if the CLP regulation was applicable to sunscreen products, both brands could potentially be labelled with the environmental hazard pictogram and associated hazard and precautionary statements. Including cosmetic products, and thereby sunscreens, in the CLP regulation would contribute to a more harmonized and transparent regulation of potentially hazardous substances on the EU market. - Highlights: • UV-filters are used in both cosmetic and industrial products/applications • UV-filters in cosmetic products are excluded from CLP • We

  1. Environmental protection the European way

    International Nuclear Information System (INIS)

    Zaborsky, J.

    2006-01-01

    What does a businessman do when he has a legal responsibility for potential damage? If he has at least some common sense he takes out insurance and forgets about the issue. When something happens the insurance will take care of it. However it can happen that the legal liability cannot be fully covered by an insurance policy. And this is the situation created by the European Commission Directive on environmental liability. Although according to the Directive it is not obligatory to have an insurance policy, it does stipulate that a polluter is responsible for remedying the damage. Slovak legislation that will enter into force in May next year already covers the insurance issue. 'According to the Directive we are obliged to establish a system of remedying environmental damages. And so the regulation requires either insurance or an adequate financial guarantee,' explained Darina Kobzova from the Ministry of Environment. The legislation does not define a minimal scope of insurance, i.e. it is up to each business to decide on the extent of insurance coverage. So this cannot be considered to be mandatory insurance. Businesses without insurance will run the risk of a 200-thousand Sk (5 555 EUR) penalty. Insurance companies took part in the commenting process and are thus fully informed regarding the new legislation. But they also stress that they will not be in the position to create products that cover all aspects of the legal liability. 'There are too many unknowns which we cannot take into consideration,' explained the head of QBE Poistovna, Marian Batovsky. What would happen if for instance an ecological disaster kills endemic species that do not live anywhere else? Will the responsible person have to pay for each dead animal in addition to remedying the damage? And if so, what would be the price taking into account how rare these animals are? Neither the EU nor the Ministry of Environment can answer this question. The businessman should not count on such a case not

  2. Genetic liability to disability pension in women and men: a prospective population-based twin study.

    Directory of Open Access Journals (Sweden)

    Jurgita Narusyte

    Full Text Available BACKGROUND: Previous studies of risk factors for disability pension (DP have mainly focused on psychosocial, or environmental, factors, while the relative importance of genetic effects has been less studied. Sex differences in biological mechanisms have not been investigated at all. METHODS: The study sample included 46,454 Swedish twins, consisting of 23,227 complete twin pairs, born 1928-1958, who were followed during 1993-2008. Data on DP, including diagnoses, were obtained from the National Social Insurance Agency. Within-pair similarity in liability to DP was assessed by calculating intraclass correlations. Genetic and environmental influences on liability to DP were estimated by applying discrete-time frailty modeling. RESULTS: During follow-up, 7,669 individuals were granted DP (18.8% women and 14.1% men. Intraclass correlations were generally higher in MZ pairs than DZ pairs, while DZ same-sexed pairs were more similar than opposite-sexed pairs. The best-fitting model indicated that genetic factors contributed 49% (95% CI: 39-59 to the variance in DP due to mental diagnoses, 35% (95% CI: 29-41 due to musculoskeletal diagnoses, and 27% (95% CI: 20-33 due to all other diagnoses. In both sexes, genetic effects common to all ages explained one-third, whereas age-specific factors almost two-thirds, of the total variance in liability to DP irrespective of diagnosis. Sex differences in liability to DP were indicated, in that partly different sets of genes were found to operate in women and men, even though the magnitude of genetic variance explained was equal for both sexes. CONCLUSIONS: The findings of the study suggest that genetic effects are important for liability to DP due to different diagnoses. Moreover, genetic contributions to liability to DP tend to differ between women and men, even though the overall relative contribution of genetic influences does not differ by sex. Hence, the pathways leading to DP might differ between women and

  3. The need to bring the new global regime of civil nuclear liability to life

    International Nuclear Information System (INIS)

    McIntosh, St.

    2000-01-01

    The Chernobyl accident raised consciousness around the world about civil liability issues. People in Australia and elsewhere looked at the existing international nuclear liability regime and concluded that it was inadequate. The amount of compensation available under the regime was too low. The regime did not cover environmental damage. Australia decided to take an active role in the proceedings of the Standing Committee on Nuclear liability. Australia has a favourable judgment on the new Convention on Supplementary Compensation for nuclear damages. It provided for a dedicated fund for transboundary damage, the inclusion of environmental damage, the lion's share of the contributions to the international fund established under the Convention to be borne by nuclear power generating states, jurisdiction over actions concerning nuclear damage from a nuclear accident in a Party's territory or Exclusive Economic Zone to lie with the courts of that Party. It reproaches this Convention for compensable damage to be determined by the law of the competent court, and the necessity of emission of ionizing radiations for the Convention to take effect. (N.C.)

  4. Elementary Students' Retention of Environmental Science Knowledge: Connected Science Instruction versus Direct Instruction

    Science.gov (United States)

    Upadhyay, Bhaskar; DeFranco, Cristina

    2008-01-01

    This study compares 3rd-grade elementary students' gain and retention of science vocabulary over time in two different classes--"connected science instruction" versus "direct instruction." Data analysis yielded that students who received connected science instruction showed less gain in science knowledge in the short term compared to students who…

  5. Characterization of Under-Building Contamination at Rocky Flats Implementing Environmental-Measurement While Drilling Process with Horizontal Directional Drilling

    International Nuclear Information System (INIS)

    WILLIAMS, CECELIA V.; LOCKWOOD, GRANT J.; NORMANN, RANDY A.; LINDSAY, THOMAS

    2001-01-01

    Characterization is required on thirty-one buildings at Rocky Flats Environmental Technology Site (RFETS or the Site) with known or suspected under building contamination. The Site has teamed with Sandia National Laboratory (SNL) to deploy Environmental Measure-While-Drilling (EMWD) in conjunction with horizontal directional drilling (HDD) to characterize under building contamination and to evaluate the performance and applicability for future characterization efforts. The Environmental Measurement-While-Drilling-Gamma Ray Spectrometer (EMWD-GRS) system represents an innovative blend of new and existing technology that provides the capability of producing real-time environmental drill bit data during drilling operations. The project investigated two locations, Building 886 and Building 123. Building 886 is currently undergoing D and D activities. Building 123 was demolished in 1998; however, the slab is present with under building process waste lines and utilities. This report presents the results of the EMWD Gamma Ray Spectrometer logging of boreholes at these two sites. No gamma emitting contamination was detected at either location.(author)

  6. What Are the Relative Macroeconomic Merits and Environmental Impacts of Direct Job Creation and Basic Income Guarantees?

    Directory of Open Access Journals (Sweden)

    Pavlina R. Tcherneva

    2017-06-01

    Full Text Available There is a body of literature that favors universal and unconditional public assurance policies over those that are targeted and means-tested. Two such proposals—the basic income proposal and job guarantees—are discussed here. The paper evaluates the impact of each program on macroeconomic stability, arguing that direct job creation has inherent stabilization features that are lacking in the basic income proposal. A discussion of modern finance and labor market dynamics renders the latter proposal inherently inflationary, and potentially stagflationary. After studying the macroeconomic viability of each program, the paper elaborates on their environmental merits. It is argued that the “green” consequences of the basic income proposal are likely to emerge, not from its modus operandi, but from the tax schemes that have been advanced for its financing. By contrast, the job guarantee proposal can serve as an institutional vehicle for achieving various environmental goals by explicitly targeting environmental rehabilitation, conservation, and sustainability. Finally, in the hope of consensus building, the paper advances a joint policy proposal that is economically viable, environmentally friendly, and socially just.

  7. Providers’ Liabilities in the New EU Data Protection Regulation: A threat to internet freedoms?

    OpenAIRE

    SARTOR, Giovanni

    2012-01-01

    In this paper I shall consider certain aspects of the Proposal for a Data Protection Regulation recently advanced by the EU Commission, which is meant to substitute the existing Data Protection Directive as well as the national laws implementing it. In particular I shall examine how the Regulation addresses host providers’ liabilities and duties with regard to user-generated content. For this purpose, I shall first highlight some developments in web and cloud services, then I shall consider h...

  8. Defense Infrastructure: Improved Guidance Needed for Estimating Alternatively Financed Project Liabilities

    Science.gov (United States)

    2013-04-01

    Solar PV; UESC Navy Marine Corps Logistics Base (MCLogB) Albany GA Renewable Energy Cogeneration ESPC using Biogas PPA Navy MCLogB Albany GA...Armed Services Committee directed GAO to assess the impact of base closures on such agreements and how DOD captures costs associated with projects...this analysis and GAO’s case study review, liabilities will likely exist for renewable energy and privatized utility projects in the event of base

  9. Energy Analysis and Environmental Impacts of Hybrid Giant Napier (Pennisetum Hydridum) Direct-fired Power Generation in South China

    Science.gov (United States)

    Liao, Yanfen; Fang, Hailin; Zhang, Hengjin; Yu, Zhaosheng; Liu, Zhichao; Ma, Xiaoqian

    2017-05-01

    To meet with the demand of energy conservation and emission reduction policies, the method of life cycle assessment (LCA) was used to assess the feasibility of Hybrid Giant Napier (HGN) direct-fired power generation in this study. The entire life cycle is consisted of five stages (cultivation and harvesting, transportation, drying and comminuting, direct-fired power generation, constructing and decommissioning of biomass power plant). Analytical results revealed that to generate 10000kWh electricity, 10.925 t of customized HGN fuel (moisture content: 30 wt%) and 6659.430 MJ of energy were required. The total environmental impact potential was 0.927 PET2010 (person equivalents, targeted, in 2010) and the global warming (GW), acidification (AC), and nutrient (NE) emissions were 339.235 kg CO2-eq, 22.033 kg SO2-eq, and 25.486 kg NOx-eq respectively. The effect of AC was the most serious among all calculated category impacts. The energy requirements and environmental impacts were found to be sensitive to single yield, average transport distance, cutting frequency, and moisture content. The results indicated that HGN direct-fired power generation accorded well with Chinese energy planning; in addition, HGN proved to be a promising contribution to reducing non-renewable energy consumption and had encouraging prospects as a renewable energy plant.

  10. 7 CFR 1767.19 - Liabilities and other credits.

    Science.gov (United States)

    2010-01-01

    ... this section shall be used by all RUS borrowers. Liabilities and Other Credits Margins and Equities... Income Taxes—Other Liabilities and Other Credits Margins and Equities 200Memberships A. This account... conformance with the bylaws of the cooperative. 219Other Margins and Equities A. This account shall include...

  11. 33 CFR 153.405 - Liability to the pollution fund.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

  12. Torts Liability for Strike Action and Third Party Rights.

    Science.gov (United States)

    Raday, Frances

    1979-01-01

    Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

  13. Liability for Unknown Risks: A Law and Economics Perspective

    NARCIS (Netherlands)

    M.G. Faure (Michael); L.T. Visscher (Louis); F. Weber (Franziska)

    2017-01-01

    textabstractIn the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the

  14. 17 CFR 256.242 - Miscellaneous current and accrued liabilities.

    Science.gov (United States)

    2010-04-01

    ... COMMISSION (CONTINUED) UNIFORM SYSTEM OF ACCOUNTS FOR MUTUAL SERVICE COMPANIES AND SUBSIDIARY SERVICE COMPANIES, PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 7. Current and Accrued Liabilities § 256.242... as to show the nature of each liability included herein. 8. deferred credits ...

  15. Optimal Joint Liability Lending and with Costly Peer Monitoring

    NARCIS (Netherlands)

    Carli, Francesco; Uras, R.B.

    2014-01-01

    This paper characterizes an optimal group loan contract with costly peer monitoring. Using a fairly standard moral hazard framework, we show that the optimal group lending contract could exhibit a joint-liability scheme. However, optimality of joint-liability requires the involvement of a group

  16. 29 CFR 4043.32 - Transfer of benefit liabilities.

    Science.gov (United States)

    2010-07-01

    ... the value of the assets being transferred— (i) Equals the present value of the accrued benefits... actuarial assumptions used in determining the value of benefit liabilities (and, if appropriate, the value... 29 Labor 9 2010-07-01 2010-07-01 false Transfer of benefit liabilities. 4043.32 Section 4043.32...

  17. 27 CFR 479.31 - Liability for tax.

    Science.gov (United States)

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Liability for tax. 479.31... OTHER FIREARMS Special (Occupational) Taxes § 479.31 Liability for tax. (a) General. Every person who... United States shall pay a special (occupational) tax at a rate specified by § 479.32. The tax shall be...

  18. 75 FR 1735 - Section 3504 Agent Employment Tax Liability

    Science.gov (United States)

    2010-01-13

    ... Section 3504 Agent Employment Tax Liability AGENCY: Internal Revenue Service (IRS), Treasury. ACTION... employment tax liability of agents authorized by the Secretary under section 3504 of the Internal Revenue Code (Code) to perform acts required of employers with respect to taxes under the Federal Unemployment...

  19. 7 CFR 760.113 - Refunds; joint and several liability.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Refunds; joint and several liability. 760.113 Section... Agricultural Disaster Assistance Programs § 760.113 Refunds; joint and several liability. (a) In the event that... provided that interest will in all cases run from the date of the original disbursement. (b) All persons...

  20. Product Liability: A Neo-Austrian Based Perspective

    NARCIS (Netherlands)

    Folmer, H.; Heijman, W.J.M.; Leen, A.R.

    2002-01-01

    The paper is an exercise in a neo-Austrian based economic analysis of product liability. After a short historical introduction, we take two of the basic premises of Austrian economic thought and see which system of product liability results. If costs are subjective and entrepreneurship is the

  1. 31 CFR 315.56 - General instructions and liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false General instructions and liability. 315.56 Section 315.56 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... and, where one is available, a corporate stamp or issuing or paying agent's stamp. (b) Liability. The...

  2. 42 CFR 455.202 - Limitation on contractor liability.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Limitation on contractor liability. 455.202 Section... § 455.202 Limitation on contractor liability. (a) A program contractor, a person, or an entity employed... contractor will not be held to have violated any criminal law and will not be held liable in any civil action...

  3. 31 CFR 321.15 - Liability for losses.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Liability for losses. 321.15 Section... INSTITUTIONS OF UNITED STATES SAVINGS BONDS AND UNITED STATES SAVINGS NOTES (FREEDOM SHARES) Losses Resulting From Erroneous Payments § 321.15 Liability for losses. Under the governing statute, as amended (31 U.S...

  4. "Contributory intent" as a defence limiting delictual liability | Ahmed ...

    African Journals Online (AJOL)

    In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may apply as a defence limiting delictual liability within the ambit of the Apportionment of Damages Act 34 of 1956 ...

  5. Organizational Mortality: The Liabilities of Newness and Adolescence.

    Science.gov (United States)

    Bruderl, Josef; Schussler, Rudolf

    1990-01-01

    Contains a theoretical discussion and an empirical test of Stinchcombe's "liability of newness" hypothesis, which assumes higher failure risks for young organizations than for older ones. This hypothesis does not adequately represent mortality hazards of German business organizations. A "liability of adolescence" concept…

  6. Nuclear Liability Legislation in the Republic of Croatia

    International Nuclear Information System (INIS)

    Sladonja, B.

    1998-01-01

    This paper contains a basic data about the legislation referring to third party liability for nuclear damage in Croatia. It also, gives some drafting provisions in the Croatian Nuclear Liability Act, but only those which implements a substantial changes compared to the Act currently in force. (author)

  7. The underwriting process of liability insurance in South Africa

    Directory of Open Access Journals (Sweden)

    Anderson, S. E.

    2014-03-01

    Full Text Available Liability risks may embody far-reaching financial consequences for individuals, business enterprises and professional people. This paper focuses on the underwriting process which should be taken into consideration by short-term insurers when they are underwriting the main types of liability insurance, which include employer’s, householder’s, personal, product, professional and public liability insurance. The improvement of financial decision-making by short-term insurers when underwriting liability insurance represents the objective of this research. A study of secondary data was done to identify the existing literature, which formed the basis for compiling a questionnaire to obtain primary data. The top 10 short-term insurers which are the market leaders of liability insurance in South Africa and who received more than 85% of the annual gross written premiums for liability insurance in South Africa, represented the sample of the empirical study. This paper highlights the importance of the underwriting factors concerning liability insurance, how often the stipulations of insurance policies should be adjusted by the short-term insurers to account for the underwriting factors, as well as the problem areas which the underwriters may experience when they are underwriting liability insurance. Possible solutions to solve the problem areas were also addressed

  8. The claims handling process of liability insurance in South Africa

    Directory of Open Access Journals (Sweden)

    Jacoline van Jaarsveld

    2015-04-01

    Full Text Available Liabilities play a very important financial role in business operations, professional service providers as well as in the personal lives of people. It is possible that a single claim may even lead to the bankruptcy of the defendant. The claims handling process of liability insurance by short-term insurers is therefore very important to these parties as it should be clear that liability claims may have enormous and far-reaching financial implications for them. The objective of this research paper embodies the improvement of financial decision-making by short-term insurers with regard to the claims handling process of liability insurance. Secondary data was initially studied which provided the basis to compile a questionnaire for the empirical survey. The leaders of liability insurance in the South African short-term insurance market that represented 69.5% of the annual gross written premiums received for liability insurance in South Africa were the respondents of the empirical study. The perceptions of these short-term insurers provided the primary data for the vital conclusions of this research. This paper pays special attention to the importance of the claims handling factors of liability insurance, how often the stipulations of liability insurance policies are adjusted by the short-term insurers to take the claims handling factors into consideration, as well as the problem areas which short-term insurers may experience during the claims handling process. Feasible solutions to address the problem areas are also discussed.

  9. Sub-seabed burial of radioactive waste and liabilities

    International Nuclear Information System (INIS)

    Reyners, Patrick.

    1982-10-01

    The author of this report discusses the problems raised by application of the special third party liability system to damage which may result from embedding radioactive waste in the sub-seabed. The matter of general liability of the State for nuclear damage caused to the environment is also dealt with in this paper. (NEA) [fr

  10. Everything You Always Wanted to Know About Statue of Limitations for Recovery of/Contribution to Environmental Response Costs Under CERCLA as They Related to GOCOs (But Were Afraid to Ask)

    National Research Council Canada - National Science Library

    Risley, Floyd

    2002-01-01

    ...- (Government-Owned Contractor- Operated military industrial facilities) related voluntarily initiated environmental response costs pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act...

  11. A review on liability in case of nuclear accident

    International Nuclear Information System (INIS)

    Gallage-Alwis, Sylvie; Faron, Pauline

    2013-01-01

    After having evoked assessments of the cost of a nuclear accident in France and of that of damages caused by the Fukushima accident, the authors propose an overview of the issue of liability of companies involved in the operation of a nuclear power plant. They outline that this regime is mainly governed by two international conventions: the Paris Convention on third party liability in the field of nuclear energy, and the Brussels Convention. The first one bears on the liability of nuclear installation operators, while the second one aims at ensuring an additional compensation of casualties on public funds. They also evoke the Vienna Convention which aims at defining a world regime for nuclear liability. They outline the limited scope of application of the Paris Convention, and the limitation of compensations. They discuss the liability of companies others than those operating nuclear installations

  12. Considerations on the Debtor's Fault - Structural Condition, Distinct and Absolutely Necessary for the Commitment of the Contractual Liability

    Directory of Open Access Journals (Sweden)

    Nora Andreea Daghie

    2010-06-01

    Full Text Available Traditionally, both types of liability are committed in the presence of the same conditions. Thus, for a person to be responsible both under the criminal civil liability and the contractual civil liability, the following conditions must be fulfilled: an injury caused to another person; to have committed an act with unlawful character; between the unlawful act committed and the injury caused to another person to exist a direct causal link; the author of the act causing a prejudice to be at fault; the latter (the author to have had the criminal possibility when the crime was committed. Lately, the repair function has gained, progressively, autonomy engaging the duty of compensation of the victim in the absence of the imputable character of the person responsible. The influence of the economic dimension of civil liability on its repair function has increased significantly, which requires reconsidering the functions of this institution, offering new opportunities for the full compensation for the prejudice, through the interpretation of the fundamentals of civil liability.

  13. The role of direct photolysis and indirect photochemistry in the environmental fate of ethylhexyl methoxy cinnamate (EHMC) in surface waters.

    Science.gov (United States)

    Vione, D; Calza, P; Galli, F; Fabbri, D; Santoro, V; Medana, C

    2015-12-15

    The aquatic environmental fate of ethylhexyl methoxy cinnamate (EHMC), one of the most used UVB filters worldwide, was studied by assessing its environmental persistence and photoinduced transformations. The role of direct and indirect photolysis was evaluated. Direct photolysis was shown to play a key role, and this process is expected to be the main attenuation route of EHMC in sunlit surface waters. In contrast, the reaction with OH radicals would be negligible and that with (3)CDOM* would at most be a secondary process. The measurement of the quantum yield of direct photolysis and of the rate constants of reaction with photogenerated transient species (or, sometimes, the use of reasonable values for the latter) allowed the prediction of the EHMC half-life time in surface waters, by means of a validated photochemical model. The predicted EHMC lifetime is of the order of hours to a few days in fair-weather summertime, and the main factors controlling the EHMC phototransformation in sunlit surface waters would be the water depth and the dissolved organic carbon (DOC) content. The formation of transformation products (TPs) was followed as well via HPLC/HRMS. Three TPs were detected in the samples exposed to UVA radiation, while one additional TP was detected in the samples exposed to UVB radiation. The detected TPs comprised 4-methoxybenzaldehyde, a hydroxylated derivative and dimeric species. Through the use of heterogeneous photocatalysis with TiO2, seven additional TPs were identified, most of them resulting from the further degradation of primary TPs formed through direct photolysis and that might be detected in aquatic systems as well. The photodegradation of EHMC in the presence of TiO2 yielded more toxic TPs than the parent compound (as determined with the Vibrio fischeri Microtox assay). The increased toxicity is partially accounted for by the formation of 4-methoxybenzaldehyde. Copyright © 2015 Elsevier B.V. All rights reserved.

  14. Economic, environmental and international trade effects of the EU Directive on energy tax harmonization

    International Nuclear Information System (INIS)

    Kohlhaas, Michael; Schumacher, Katja; Diekmann, Jochen; Schumacher, Dieter; Carmes, Martin

    2005-01-01

    In October 2003, the European Union introduced a Directive, which widens the scope of the EU's minimum taxation system from mineral oils to all energy products including coal, natural gas and electricity. It aims at reducing distortions that currently exist between Member States as well as between energy products. In addition, it increases previous minimum tax rates and thus the incentive to use energy more efficiently. The Directive will lead to changes in the energy tax schemes in a number of countries, in particular some southern Member Countries (Greece, Spain, Portugal) and most of the new Member States. In this paper, we analyze the effects of the EU energy tax harmonization with GTAP-E, a computable general equilibrium model. Particular focus is placed on the Eastern European countries, which became new members of the EU in May 2004. We investigate the effects of the tax harmonization on overall economic growth and sectoral development. Special attention is paid to international trade in order to analyze if competitiveness concerns, which have been forwarded in the context of energy taxation are valid. Furthermore, the effect on energy consumption and emissions and thus the contribution to the EU's climate change targets is analyzed

  15. Civil liability versus state liability in case of a nuclear incident - some thoughts inspired by the Vienna Convention revision exercise

    International Nuclear Information System (INIS)

    Reyners, P.

    1992-01-01

    The juridical reconstruction involved in the current work in the International Atomic Energy Agency (IAEA) for revision of the Vienna Convention on Civil Liability for Nuclear Damage is not simply a matter of re-surfacing the edifice of private law liability. It has also led certain architects to draw up plans for the foundations of a regime of State responsibility in this field, based on the strict liability of States to compensate for transfrontier damage. Following the post-Chernobyl stocktaking by the author and Otto von Busckist for the Tokyo Congress in 1989, this report sets out to analyse the question of the implementation of States' liability in the case of a nuclear accident, from the viewpoints of positive law, the work of the International Law Commission and specific aspects linked to the nuclear risk. It also examines the proposals in this regard deposited with the IAEA Standing Committee on Liability for Nuclear Damage. (author)

  16. Direct Measurements of Gas/Particle Partitioning and Mass Accommodation Coefficients in Environmental Chambers.

    Science.gov (United States)

    Krechmer, Jordan E; Day, Douglas A; Ziemann, Paul J; Jimenez, Jose L

    2017-10-17

    Secondary organic aerosols (SOA) are a major contributor to fine particulate mass and wield substantial influences on the Earth's climate and human health. Despite extensive research in recent years, many of the fundamental processes of SOA formation and evolution remain poorly understood. Most atmospheric aerosol models use gas/particle equilibrium partitioning theory as a default treatment of gas-aerosol transfer, despite questions about potentially large kinetic effects. We have conducted fundamental SOA formation experiments in a Teflon environmental chamber using a novel method. A simple chemical system produces a very fast burst of low-volatility gas-phase products, which are competitively taken up by liquid organic seed particles and Teflon chamber walls. Clear changes in the species time evolution with differing amounts of seed allow us to quantify the particle uptake processes. We reproduce gas- and aerosol-phase observations using a kinetic box model, from which we quantify the aerosol mass accommodation coefficient (α) as 0.7 on average, with values near unity especially for low volatility species. α appears to decrease as volatility increases. α has historically been a very difficult parameter to measure with reported values varying over 3 orders of magnitude. We use the experimentally constrained model to evaluate the correction factor (Φ) needed for chamber SOA mass yields due to losses of vapors to walls as a function of species volatility and particle condensational sink. Φ ranges from 1-4.

  17. Is it environmentally advantageous to use vegetable oil directly as biofuel instead of converting it to biodiesel?

    International Nuclear Information System (INIS)

    Esteban, Bernat; Baquero, Grau; Puig, Rita; Riba, Jordi-Roger; Rius, Antoni

    2011-01-01

    The oil price instability and the measures taken to reduce the increase in greenhouse gas emissions are the main factors promoting the development and use of environmentally friendly energies. From an energy efficiency point of view, biofuels constitute a renewable energy source and its use helps to reduce energy dependency on fossil fuels. The most used biofuels for transport worldwide are biodiesel (BD) and bioethanol. However, there are other options such as straight vegetable oil (SVO). SVO can be small-scale produced in local cooperatives through pressing, filtering and conditioning processes which are much simpler than the ones required for BD production. In this study a comparative life cycle assessment (LCA) of two biofuels obtained from Spanish rapeseed, namely small-scale SVO and large-scale BD, is performed. The LCA methodology allows the two biofuels' production and their rate of consumption in a vehicle (a truck) to be compared. In this manner, it is possible to assess which is environmentally advantageous: to use SVO directly as biofuel or to convert it to BD. Moreover, LCA is used in the study to calculate the energy return on investment index (EROI) and an energy conversion ratio to evaluate which biofuel is more energy efficient. The obtained results show the environmental benefits of using SVO instead of BD by analyzing representative impact categories defined by the CML and EDIP methods. A sensitivity analysis has also been conducted. EROI indexes for SVO and BD production show a clear preference for SVO as compared to BD.

  18. Federal Act of 29 April 1964 on Liability for Nuclear Damage (Atomic Liability Act)

    International Nuclear Information System (INIS)

    Under this Act, the operator of a nuclear installation is liable for any nuclear incident occurring in such installation or which is caused by nuclear substances in his charge. If an incident is caused by a radioisotope, the person in possession of the radioisotope at the time of the incident is liable therefore. When an incident occurs during transport of nuclear substances, the carrier is liable in three cases only: when such substances are neither despatched to nor originating from installations on Austrian territory; when they are despatched without the written consent of the Austrian operator who is to receive them; and when they are not destined for a nuclear installation. Other provisions of the Act fix liability ceilings, a basis for apportionment of compensation when several victims are involved and the amount of security for coverage of the operators liability. The Act came into force on 1 September 1964. (NEA) [fr

  19. Isothermal amplification of environmental DNA (eDNA for direct field-based monitoring and laboratory confirmation of Dreissena sp.

    Directory of Open Access Journals (Sweden)

    Maggie R Williams

    Full Text Available Loop-mediated isothermal amplification (LAMP of aquatic invasive species environmental DNA (AIS eDNA was used for rapid, sensitive, and specific detection of Dreissena sp. relevant to the Great Lakes (USA basin. The method was validated for two uses including i direct amplification of eDNA using a hand filtration system and ii confirmation of the results after DNA extraction using a conventional thermal cycler run at isothermal temperatures. Direct amplification eliminated the need for DNA extraction and purification and allowed detection of target invasive species in grab or concentrated surface water samples, containing both free DNA as well as larger cells and particulates, such as veligers, eggs, or seeds. The direct amplification method validation was conducted using Dreissena polymorpha and Dreissena bugensis and uses up to 1 L grab water samples for high target abundance (e.g., greater than 10 veligers (larval mussels per L for Dreissena sp. or 20 L samples concentrated through 35 μm nylon screens for low target abundance, at less than 10 veligers per liter water. Surface water concentrate samples were collected over a period of three years, mostly from inland lakes in Michigan with the help of a network of volunteers. Field samples collected from 318 surface water locations included i filtered concentrate for direct amplification validation and ii 1 L grab water sample for eDNA extraction and confirmation. Though the extraction-based protocol was more sensitive (resulting in more positive detections than direct amplification, direct amplification could be used for rapid screening, allowing for quicker action times. For samples collected between May and August, results of eDNA direct amplification were consistent with known presence/absence of selected invasive species. A cross-platform smartphone application was also developed to disseminate the analyzed results to volunteers. Field tests of the direct amplification protocol using a

  20. Claims expenses and limits of liability in third party liability insurances

    International Nuclear Information System (INIS)

    Rehmann, J.

    1992-01-01

    After the Chernobyl accident, more than 300,000 individual claims totalling DM 440 million were settled in Germany, even though the level of radiation was relatively low. This has alerted insurers to the potential level of expenses connected with the handling and settlement of claims following a major nuclear accident which, it is estimated, could amount to DM 50 million per 100,000 claims. The Paris Convention (PC) states the principle of congruence between liability and coverage for nuclear installations. The minimum amounts of liability and coverage must be exclusively reserved for the compensation of accident victims. This paper will show that in PC countries, the majority of claims expenses - both internal and external -are borne by the insurers in addition to the sums insured for the compensation of third parties, with limited extensions of coverage in some cases. The situation is different in non-PC countries, and particularly in the United States of America, where expenses are included in the total sum insured together with compensation payments to third parties. This situation would not pose a problem if the minimum amounts of liability and coverage as stated in the PC were still applicable. In practice, most countries have since increased these amounts substantially, thus reducing the insurers' ability to make the maximum possible capacity available for indemnities to victims. Thus, before further increasing the statutory limits of liability, governments should, when conducting the Nuclear Energy Agency revision of the PC, consider allowing insurers to include claims handling expenses in their total sums insured; with a finite amount of risk, insurers would then be able to commit their full capacity instead of withholding a safety buffer for an open-ended commitment. (author)

  1. CORPORATION CRIME LIABILITY OF PERSPECTIVE PENAL REFORM

    Directory of Open Access Journals (Sweden)

    Abdul Salam Siku

    2013-07-01

    Full Text Available The setting of the responsibility criminal against corporations in Indonesia starting from the inception of the emergency law number 7 of 1955 on Economic Crime, then followed by some of the last act is Act No. 8 of 2010 on prevention and eradication of the crime of money laundering. In the framework of the renewal of national criminal law and the draft law on The Criminal law (Criminal Code systematically have set the criminal liability of corporations, whether incorporated corporation law and Corporation who is not a legal entity. Although there have been laws governing corporate crime responsibility about but are still have problems in its application. It can be seen from the lack of a corporate criminal sentenced by the Court.

  2. Civil liability and nuclear coverage: synthesis report

    International Nuclear Information System (INIS)

    1995-01-01

    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

  3. Problems of Liability Insurance of House Developers

    Directory of Open Access Journals (Sweden)

    Ionina M. B.

    2014-10-01

    Full Text Available The article deals with the problems of liability insurance of the people who build houses on their own, in connection with the entry into force in January 1, 2014 of the Amendments to the Law № 214-FZ of 30.12.2004 "On Participation in the shared construction of multi apartment buildings and other real estate objects and on Amendments to certain legislative acts of the Russian Federation. The author analyzes all the alternative designs for developers concerning their responsibility to shareholders, paying attention to the problems which have the persons interested in this matter. Besides, one can mention a number of issues not regulated enough by changes in legislation

  4. Liability of Foreignness in Historical Context

    DEFF Research Database (Denmark)

    Lubinski, Christina

    2014-01-01

    vis-à-vis local firms and raise doubts about the assumption that more distance necessarily translates into higher costs. This article adds to this criticism with a historical analysis of German multinational enterprises in preindependence India. The case proves (1) the relevance of specific......Much of international business literature has dealt with the costs of engaging in business abroad. Recently, several authors have called into question the basic assumptions of the “liability of foreignness” argument. They plead for a more nuanced look at nationality beyond the dichotomy of foreign...... with nationality are, thus making a thorough historical analysis of commercial, political, and cultural links between host and home country indispensable....

  5. [Liability in Anaesthesiology: theory of disproportionate damage].

    Science.gov (United States)

    Galán Gutiérrez, J C; Galán Cortés, J C

    2013-10-01

    An analysis is made of the controversial application of the theory of disproportionate damage in the anaesthetic act, due to the high inherent risk, and regardless of the seriousness and importance of the surgery being performed. The existence of a disproportionate damage, that is, damage not foreseen nor accountable within the framework of the professional performance of the anaesthetist, does not by itself determine the existence of liability on the part of the anaesthetist, but the demand from the professionals themselves for a coherent explanation of the serious disagreement between the initial risk implied by their actions and the final consequence produced. Copyright © 2012 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Published by Elsevier España. All rights reserved.

  6. The law concerning liability for nuclear damage

    International Nuclear Information System (INIS)

    Kinouchi, Kazuo

    1978-01-01

    This treatise outlines the Law on Compensation for Nuclear Damage (Law No. 147, June 17, 1961) and the Law on Indemnity Agreement for Compensation of Nuclear Damage (Law, No. 148, June 17, 1961) which are both came into effect in March, 1962, and describes how these laws will be executed if an accident occurs actually in nuclear facilities. The first law which prescribes various provisions for compensation of nuclear damage is characterised as having the principle of no-fault liability and hence making a nuclear enterpriser responsible for securing adequate financial resources to indemnify general public for their damages from nuclear accidents. Thus, in compliance with the law a nuclear enterpriser should effect both the contract of the indemnity responsible insurance and the indemnity agreement for compensation of nuclear damage. The second law deals with the indemnity agreement which is concluded by a nuclear enterpriser with the government and constitutes a full measure for compensation of nuclear damage supplementing the indemnity responsible insurance. The indemnity agreement is to insure compensation liabilities for nuclear damages which the indemnity responsible insurance can not cover-that is, damages caused by earthquakes and volcanic eruptions, and also damages from normal operations of nuclear facilities and those occurs after 10 years of an accident. Then, the author describes in detail how these laws apply in a nuclear accident to damages to third parties and those to facilities of related nuclear enterpriser himself and to his employees. Finally, the author refers to the legal systems for compensation of nuclear damage in the United States, Britain, France and West Germany. (Matsushima, A.)

  7. Overview of eutrophication indicators to assess environmental status within the European Marine Strategy Framework Directive

    Science.gov (United States)

    Ferreira, João G.; Andersen, Jesper H.; Borja, Angel; Bricker, Suzanne B.; Camp, Jordi; Cardoso da Silva, Margarida; Garcés, Esther; Heiskanen, Anna-Stiina; Humborg, Christoph; Ignatiades, Lydia; Lancelot, Christiane; Menesguen, Alain; Tett, Paul; Hoepffner, Nicolas; Claussen, Ulrich

    2011-06-01

    In 2009, following approval of the European Marine Strategy Framework Directive (MSFD, 2008/56/EC), the European Commission (EC) created task groups to develop guidance for eleven quality descriptors that form the basis for evaluating ecosystem function. The objective was to provide European countries with practical guidelines for implementing the MSFD, and to produce a Commission Decision that encapsulated key points of the work in a legal framework. This paper presents a review of work carried out by the eutrophication task group, and reports our main findings to the scientific community. On the basis of an operational, management-oriented definition, we discuss the main methodologies that could be used for coastal and marine eutrophication assessment. Emphasis is placed on integrated approaches that account for physico-chemical and biological components, and combine both pelagic and benthic symptoms of eutrophication, in keeping with the holistic nature of the MSFD. We highlight general features that any marine eutrophication model should possess, rather than making specific recommendations. European seas range from highly eutrophic systems such as the Baltic to nutrient-poor environments such as the Aegean Sea. From a physical perspective, marine waters range from high energy environments of the north east Atlantic to the permanent vertical stratification of the Black Sea. This review aimed to encapsulate that variability, recognizing that meaningful guidance should be flexible enough to accommodate the widely differing characteristics of European seas, and that this information is potentially relevant in marine ecosystems worldwide. Given the spatial extent of the MSFD, innovative approaches are required to allow meaningful monitoring and assessment. Consequently, substantial logistic and financial challenges will drive research in areas such as remote sensing of harmful algal blooms, in situ sensor development, and mathematical models. Our review takes into

  8. Environmental Impact Specification for Direct Space Weathering of Kuiper Belt and Oort Cloud Objects

    Science.gov (United States)

    Cooper, John F.

    2010-01-01

    The Direct Space Weathering Project of NASA's Outer Planets Research Program addresses specification of the plasma and energetic particle environments for irradiation and surface chemical processing of icy bodies in the outer solar system and the local interstellar medium. Knowledge of the radiation environments is being expanded by ongoing penetration of the twin Voyager spacecraft into the heliosheath boundary region of the outer heliosphere and expected emergence within the next decade into the very local interstellar medium. The Voyager measurements are being supplemented by remote sensing from Earth orbit of energetic neutral atom emission from this boundary region by NASA's Interstellar Boundary Explorer (IBEX). Although the Voyagers long ago passed the region of the Classical Kuiper Belt, the New Horizons spacecraft will encounter Pluto in 2015 and thereafter explore one or more KBOs, meanwhile providing updated measurements of the heliospheric radiation environment in this region. Modeling of ion transport within the heliosphere allows specification of time-integrated irradiation effects while the combination of Voyager and IBEX data supports projection of the in-situ measurements into interstellar space beyond the heliosheath. Transformation of model ion flux distributions into surface sputtering and volume ionization profiles provides a multi-layer perspective for space weathering impact on the affected icy bodies and may account for some aspects of color and compositional diversity. Other important related factors may include surface erosion and gardening by meteoritic impacts and surface renewal by cryovolcanism. Chemical products of space weathering may contribute to energy resources for the latter.

  9. The 1968 Brussels convention and liability for nuclear damage

    International Nuclear Information System (INIS)

    Sands, Ph.; Galizzi, P.

    2000-01-01

    The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)

  10. Mental incapacity and criminal liability: Redrawing the fault lines?

    Science.gov (United States)

    Peay, Jill

    2015-01-01

    The proper boundaries of criminal liability with respect to those with questionable mental capacity are currently under review. In its deliberations in the areas of unfitness to plead, automatism and the special verdict of not guilty by reason of insanity the Law Commission for England and Wales have been cognizant of particular difficulties in fairly attributing criminal responsibility to those whose mental capacities may or may not have impinged on their decisions, either at the time of the offence or at trial. And they have referenced the potential breaches of the European Convention on Human Rights (ECHR) posed by the state of our current laws. However, in their efforts to remedy these potential deficiencies is the Law Commission heading in a direction that is fundamentally incompatible with the direction embodied by the United Nations Convention on the Rights of People with Disabilities (CRPD)? Whether one must cede sensibly to the other, or whether some compromise might emerge, perhaps through an extension of supportive services or through the development of disability-neutral criminal law, forms the subject of this paper. Copyright © 2015 Elsevier Ltd. All rights reserved.

  11. Legislative Study on China’s Compensation for Nuclear Damage Liability

    Directory of Open Access Journals (Sweden)

    Jiu Liu

    2018-06-01

    Full Text Available The civil nuclear industry plays an important role in improving environmental quality and safeguarding energy security in China. Nevertheless, the industry is facing a huge risk of nuclear accident damage. The legal system of nuclear damage compensation is of vital importance for the industry to address potential risks. The Nuclear Safety Law, which has recently been published in China, stipulates two articles about nuclear damage compensation in principle. However, in general, the current nuclear damage compensation legal system in China has not yet been made systematic and there are still problems, such as a lack of maneuverability and details. This paper adopts qualitative and quantitative methodologies to summarize and analyze the current legislation and regulation pertaining to civil nuclear damage compensation liability in China and analyzes the shortages and deficiencies of these rules in detail by using legal analysis methods. Suggestions to establish and perfect China’s legal system of nuclear damage compensation are proposed to safeguard the healthy development of the civil nuclear industry and remedy damages brought about by nuclear accidents. Such a legal system should contain the elements of clear legislative goals and objectives, a specific definition and scope of nuclear damage, strict and sole responsibility principles for operators, an appropriate liability amount, a stable financial guarantee for operators, and national supplementary liability.

  12. In vivo reprogramming for heart regeneration: A glance at efficiency, environmental impacts, challenges and future directions.

    Science.gov (United States)

    Ebrahimi, Behnam

    2017-07-01

    Replacing dying or diseased cells of a tissue with new ones that are converted from patient's own cells is an attractive strategy in regenerative medicine. In vivo reprogramming is a novel strategy that can circumvent the hurdles of autologous/allogeneic cell injection therapies. Interestingly, studies have demonstrated that direct injection of cardiac transcription factors or specific miRNAs into the infarct border zone of murine hearts following myocardial infarction converts resident cardiac fibroblasts into functional cardiomyocytes. Moreover, in vivo cardiac reprogramming not only drives cardiac tissue regeneration, but also improves cardiac function and survival rate after myocardial infarction. Thanks to the influence of cardiac microenvironment and the same developmental origin, cardiac fibroblasts seem to be more amenable to reprogramming toward cardiomyocyte fate than other cell sources (e.g. skin fibroblasts). Thus, reprogramming of cardiac fibroblasts to functional induced cardiomyocytes in the cardiac environment holds great promises for induced regeneration and potential clinical purposes. Application of small molecules in future studies may represent a major advancement in this arena and pharmacological reprogramming would convey reprogramming technology to the translational medicine paradigm. This study reviews accomplishments in the field of in vitro and in vivo mouse cardiac reprogramming and then deals with strategies for the enhancement of the efficiency and quality of the process. Furthermore, it discusses challenges ahead and provides suggestions for future research. Human cardiac reprogramming is also addressed as a foundation for possible application of in vivo cardiac reprogramming for human heart regeneration in the future. Copyright © 2017 Elsevier Ltd. All rights reserved.

  13. The role of direct photolysis and indirect photochemistry in the environmental fate of ethylhexyl methoxy cinnamate (EHMC) in surface waters

    International Nuclear Information System (INIS)

    Vione, D.; Calza, P.; Galli, F.; Fabbri, D.; Santoro, V.; Medana, C.

    2015-01-01

    The aquatic environmental fate of ethylhexyl methoxy cinnamate (EHMC), one of the most used UVB filters worldwide, was studied by assessing its environmental persistence and photoinduced transformations. The role of direct and indirect photolysis was evaluated. Direct photolysis was shown to play a key role, and this process is expected to be the main attenuation route of EHMC in sunlit surface waters. In contrast, the reaction with ·OH radicals would be negligible and that with "3CDOM* would at most be a secondary process. The measurement of the quantum yield of direct photolysis and of the rate constants of reaction with photogenerated transient species (or, sometimes, the use of reasonable values for the latter) allowed the prediction of the EHMC half-life time in surface waters, by means of a validated photochemical model. The predicted EHMC lifetime is of the order of hours to a few days in fair-weather summertime, and the main factors controlling the EHMC phototransformation in sunlit surface waters would be the water depth and the dissolved organic carbon (DOC) content. The formation of transformation products (TPs) was followed as well via HPLC/HRMS. Three TPs were detected in the samples exposed to UVA radiation, while one additional TP was detected in the samples exposed to UVB radiation. The detected TPs comprised 4-methoxybenzaldehyde, a hydroxylated derivative and dimeric species. Through the use of heterogeneous photocatalysis with TiO_2, seven additional TPs were identified, most of them resulting from the further degradation of primary TPs formed through direct photolysis and that might be detected in aquatic systems as well. The photodegradation of EHMC in the presence of TiO_2 yielded more toxic TPs than the parent compound (as determined with the Vibrio fischeri Microtox assay). The increased toxicity is partially accounted for by the formation of 4-methoxybenzaldehyde. - Highlights: • Study of the photolytic and photocatalytic transformation

  14. The role of direct photolysis and indirect photochemistry in the environmental fate of ethylhexyl methoxy cinnamate (EHMC) in surface waters

    Energy Technology Data Exchange (ETDEWEB)

    Vione, D. [Department of Chemistry, University of Torino, via P. Giuria 5, 10125 Torino (Italy); Calza, P., E-mail: paola.calza@unito.it [Department of Chemistry, University of Torino, via P. Giuria 5, 10125 Torino (Italy); Galli, F.; Fabbri, D. [Department of Chemistry, University of Torino, via P. Giuria 5, 10125 Torino (Italy); Santoro, V.; Medana, C. [Department of Molecular Biotechnology and Health Sciences, University of Torino, via P. Giuria 5, 10125 Torino (Italy)

    2015-12-15

    The aquatic environmental fate of ethylhexyl methoxy cinnamate (EHMC), one of the most used UVB filters worldwide, was studied by assessing its environmental persistence and photoinduced transformations. The role of direct and indirect photolysis was evaluated. Direct photolysis was shown to play a key role, and this process is expected to be the main attenuation route of EHMC in sunlit surface waters. In contrast, the reaction with ·OH radicals would be negligible and that with {sup 3}CDOM* would at most be a secondary process. The measurement of the quantum yield of direct photolysis and of the rate constants of reaction with photogenerated transient species (or, sometimes, the use of reasonable values for the latter) allowed the prediction of the EHMC half-life time in surface waters, by means of a validated photochemical model. The predicted EHMC lifetime is of the order of hours to a few days in fair-weather summertime, and the main factors controlling the EHMC phototransformation in sunlit surface waters would be the water depth and the dissolved organic carbon (DOC) content. The formation of transformation products (TPs) was followed as well via HPLC/HRMS. Three TPs were detected in the samples exposed to UVA radiation, while one additional TP was detected in the samples exposed to UVB radiation. The detected TPs comprised 4-methoxybenzaldehyde, a hydroxylated derivative and dimeric species. Through the use of heterogeneous photocatalysis with TiO{sub 2}, seven additional TPs were identified, most of them resulting from the further degradation of primary TPs formed through direct photolysis and that might be detected in aquatic systems as well. The photodegradation of EHMC in the presence of TiO{sub 2} yielded more toxic TPs than the parent compound (as determined with the Vibrio fischeri Microtox assay). The increased toxicity is partially accounted for by the formation of 4-methoxybenzaldehyde. - Highlights: • Study of the photolytic and photocatalytic

  15. Civil liability related to imaging exams in Brazil

    OpenAIRE

    Fontana, Mathias Pante; Liedke, Gabriela Salatino; Fontoura, Helena da Silveira; Silveira, Heraldo Luis Dias da; Silveira, Heloísa Emilia Dias da

    2015-01-01

    Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involv...

  16. Catastrophic events leading to de facto limits on liability

    International Nuclear Information System (INIS)

    Solomon, K.A.; Okrent, D.

    1977-05-01

    This study conducts an overview of large technological systems in society to ascertain prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability. Several potential situations are examined: dam rupture, aircraft crash into a sports stadium, chemical plant accident, shipping disaster, and a toxic drug disaster. All of these events are estimated to have probabilities per year similar to or larger than a major nuclear accident and they are found to involve potential liability far exceeding the available resources, such as insurance, corporation assets, or government revenues

  17. The French regime of civil liability for nuclear

    International Nuclear Information System (INIS)

    Leger, Marc

    2013-01-01

    As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

  18. Strengthening Canada's nuclear liability regime

    International Nuclear Information System (INIS)

    McCauley, D.; Henault, J.

    2014-01-01

    On January 30, 2014, a Bill entitled the Energy Safety and Security Act, was introduced in Parliament that, among other things, would strengthen Canada's nuclear civil liability legislation by replacing the current Nuclear Liability Act. The proposed legislation also includes implementing provisions that would permit Canada to join the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage. This paper will discuss the importance of a comprehensive civil liability regime for nuclear damage to a country's legislative framework for nuclear development and will present the key elements of Canada's new legislation and the policy considerations behind them. (author))

  19. Liability aspects of home energy-rating systems

    Energy Technology Data Exchange (ETDEWEB)

    Hendrickson, P.L.

    1983-10-01

    Liability aspects of home energy rating systems are discussed. An introduction to the rating system concept, including types of rating systems, implementation efforts to date, and possible groups to conduct ratings, is also included. The home energy rating system concept involves the periodic rating of the energy efficiency of residential buildings. The rating can provide a relative indication of a home's energy efficiency and also a quantitative estimate of consumption, fuel cost, or both. Primary attention is given to liability issues associated with developing and performing ratings. Secondary attention is given to possible liability associated with misuse of a rating once it has been performed.

  20. Third party liability cover for nuclear damage and related problems

    International Nuclear Information System (INIS)

    Carbone, Ferdinando; Gambardella, Elio.

    1974-06-01

    This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA) [fr

  1. 46 CFR 298.38 - Partnership agreements and limited liability company agreements.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Partnership agreements and limited liability company... liability company agreements. Partnership and limited liability company agreements must be in form and...) Duration of the entity; (b) Adequate partnership or limited liability company funding requirements and...

  2. 26 CFR 1.752-2 - Partner's share of recourse liabilities.

    Science.gov (United States)

    2010-04-01

    ... creditor's right to repayment of a partnership liability is limited solely to one or more assets of the... partnership liability equals the portion of that liability, if any, for which the partner or related person... risk of loss for a partnership liability is made under the rules in paragraphs (b) through (k) of this...

  3. Draft Federal Act of the Russian Federation 'The Civil Liability for Nuclear Damage and its Financial Security'

    International Nuclear Information System (INIS)

    Lebedeva, Yulia

    2014-01-01

    norms of international nuclear law, in particular the relevant provisions of the Vienna Convention, the Brussels Convention on the Liability of Operators of Nuclear Ships of 1962 and the Brussels Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Materials of 1971. In addition, international experience has been analysed, both in the field of civil law and the special legislation on nuclear insurance and for compensation for nuclear damage, in particular: the US Price-Anderson Act (part of the US Atomic Energy Act of 1954), the Swiss Act on Nuclear Third Party Liability of 18 March 1983, the Japanese Law on Compensation for Nuclear Damage (No. 147, 17 June 1961, as amended) and the Canadian Nuclear Liability Act of 1970. The bill establishes the basic principles of civil liability for the operator of a nuclear installation to third parties for nuclear damage, defines a mechanism for its financing and describes special court proceedings for claims for compensation for nuclear damage. It also aims to provide financial guarantees for the protection of the rights and legitimate interests of natural persons and legal entities, as well as the environmental effects of radiation exposure. The elaboration and adoption of such an act in Russia was necessary for a number of reasons, namely: the inability to provide compensation for such damages from the federal budget, the limitation of an operator's own funds to provide for the full recovery of possible harm and the condition of the domestic insurance market, wherein private insurers cannot provide funds in the absence of legislation in this sphere. Although the Civil Code of the Russian Federation provides general rules relating to insurance, it does not contain provisions regarding nuclear damage or nuclear security. Further, while the Federal Act 'Use of Nuclear Energy' contains provisions about nuclear damage, it does not contain any special rules for compensation for nuclear damage or nuclear

  4. Inventory of nuclear liabilities - The Belgian perspective

    International Nuclear Information System (INIS)

    Minon, Jean-Paul

    2003-01-01

    Like all countries that use radioactive materials for producing electricity or for other peaceful purposes, Belgium is faced with an important challenge: the safe management of all these materials, in both the short and long term. Of course there is a price to pay for this management, which in accordance with the ethical principle of inter-generational fairness should be borne mainly by the current generations. However, it is possible that when the moment has come, the financial resources to cover the costs of decommissioning and remediation of these installations, prove to be insufficient or even completely non-existent: this then results in a nuclear liability. This kind of situation can have several causes, such as an underestimation of the actual costs by the operator or the owner of the nuclear installation or by the holder or the owner of the radioactive materials, negligence, transfer of ownership of the nuclear installation or the nuclear site without transfer of the corresponding provisions, a reduction in the operating time, a bankruptcy as well as ignorance. Because it wishes to avoid the occurrence of new nuclear liabilities, the Belgian legislator, by virtue of article 9 of the programme law of 12.12.97, charged ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials, with collecting all the elements that are necessary in order to examine to which degree the decommissioning and remediation costs can be actually covered when the time comes. ONDRAF/NIRAS was specifically charged with ascertaining all facts of a technical and financial nature which should enable the minister responsible for energy to verify whether every operator or owner of a nuclear installation and every holder or owner of radioactive materials have provided in time for the requisite financial resources to cover the future costs of decommissioning and remediation. This evaluation of course also serves to enable the government to take the necessary

  5. Direct payments as an instrument of the environmental policy Płatności obszarowe jako instrument polityki ochrony środowiska

    Directory of Open Access Journals (Sweden)

    Adrian Sadłowski

    2011-12-01

    Full Text Available Agriculture is the area of human activity that is accompanied by the formation of positive and negative external environmental effects. In order to motivate farmers to conduct production activities in a way that reduces the negative impact of these activities on the environment, the so-called principle of cross compliance has been incorporated into the direct support system. This study characterises the area payments as an instrument of the environmental policy and is a review of the European Commission’s different proposals for the reform of direct payments through the prism of environmental functions of this instrument.

  6. A nudge in a healthier direction: How environmental cues help restrained eaters pursue their weight-control goal.

    Science.gov (United States)

    Stämpfli, Aline E; Stöckli, Sabrina; Brunner, Thomas A

    2017-03-01

    Losing weight is a goal for many people, but it is hard to pursue. However, dieting cues in the environment hold promise for improving individuals' eating behavior. For example, exposure to thin, human-like sculptures by the artist Alberto Giacometti has been found to promote healthy snack choices at a vending machine. Whether health- or weight-related processes drive such effects has not yet been determined. However, a detailed understanding of the content-related drivers of environmental cues' effects provides the first indications regarding a cue's possible use. Therefore, two laboratory studies were conducted. They examined the Giacometti sculptures' effects on unhealthy and healthy food intake (Study 1) and on the completion of weight- and health-related fragmented words (Study 2). Study 1 indicated that the sculptures are weight-related by showing that they reduced food intake independent of food healthiness. Furthermore, the "Giacometti effect" was moderated by restrained eating. Restrained eaters, who are known for their weight-control goal, ate less after having been exposed to the thin sculptures. The results of Study 2 pointed in the same direction. Restrained eaters completed more weight-related words after being exposed to the sculptures. Overall, these studies suggest that the thin sculptures are primarily weight-related cues and particularly helpful for restrained eaters. Environmental weight-control cues such as the Giacometti sculptures could act as a counterforce to our obesogenic environment and help restrained eaters pursue their weight-control goal. In this way, they could nudge food decisions in a healthier direction. Copyright © 2016 Elsevier Ltd. All rights reserved.

  7. Initial review and analysis of the direct environmental impacts of CSP in the northern Cape, South Africa

    Science.gov (United States)

    Rudman, Justine; Gauché, Paul; Esler, Karen J.

    2016-05-01

    The Integrated Resource Plan (IRP) of 2010 and the IRP Update provide the most recent guidance to the electricity generation future of South Africa (SA) and both plans include an increased proportion of renewable energy generation capacity. Given that SA has abundant renewable energy resource potential, this inclusion is welcome. Only 600 MW of the capacity allocated to concentrating solar power (CSP) has been committed to projects in the Northern Cape and represents roughly a fifth of the capacity that has been included in the IRP. Although CSP is particularly new in the electricity generation system of the country, the abundant solar resources of the region with annual DNI values of above 2900 kWh/m2 across the arid Savannah and Nama-Karoo biomes offer a promising future for the development of CSP in South Africa. These areas have largely been left untouched by technological development activities and thus renewable energy projects present a variety of possible direct and indirect environmental, social and economic impacts. Environmental Impact Assessments do focus on local impacts, but given that ecological processes often extend to regional- and landscape scales, understanding this scaled context is important to the alignment of development- and conservation priorities. Given the capacities allocated to CSP for the future of SA's electricity generation system, impacts on land, air, water and biodiversity which are associated with CSP are expected to increase in distribution and the understanding thereof deems valuable already from this early point in CSP's future in SA. We provide a review of direct impacts of CSP on the natural environment and an overview of the anticipated specific significance thereof in the Northern Cape.

  8. Direct detection of Mycobacterium avium in environmental water and scale samples by loop-mediated isothermal amplification.

    Science.gov (United States)

    Nishiuchi, Yukiko; Tamaru, Aki; Suzuki, Yasuhiko; Kitada, Seigo; Maekura, Ryoji; Tateishi, Yoshitaka; Niki, Mamiko; Ogura, Hisashi; Matsumoto, Sohkichi

    2014-06-01

    We previously demonstrated the colonization of Mycobacterium avium complex in bathrooms by the conventional culture method. In the present study, we aimed to directly detect M. avium organisms in the environment using loop-mediated isothermal amplification (LAMP), and to demonstrate the efficacy of LAMP by comparing the results with those obtained by culture. Our data showed that LAMP analysis has detection limits of 100 fg DNA/reaction for M. avium. Using an FTA(®) elute card, DNA templates were extracted from environmental samples from bathrooms in the residences of 29 patients with pulmonary M. avium disease. Of the 162 environmental samples examined, 143 (88%) showed identical results by both methods; 20 (12%) and 123 (76%) samples were positive and negative, respectively, for M. avium. Of the remaining 19 samples (12%), seven (5%) and 12 (7%) samples were positive by the LAMP and culture methods, respectively. All samples that contained over 20 colony forming units/primary isolation plate, as measured by the culture method, were also positive by the LAMP method. Our data demonstrate that the combination of the FTA elute card and LAMP can facilitate prompt detection of M. avium in the environment.

  9. The Contractual Liability of Student Organizations with Outside Groups.

    Science.gov (United States)

    Likins, Jeanne M.

    1978-01-01

    Included is a consideration of contract and agency law, how these apply to student organizations, potential liability consequences, guidelines to avoid such consequences, and a summary of the current situation. (Author)

  10. Nuclear liability amounts on the rise for nuclear installations

    International Nuclear Information System (INIS)

    Vasquez-Maignan, Ximena; Schwartz, Julia; Kuzeyli, Kaan

    2015-01-01

    The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)

  11. Nuclear Liability Act as amended (No 484/72)

    International Nuclear Information System (INIS)

    1972-01-01

    This Act which entered into force on 16th June 1972 adopted the essential principles laid down in the Paris Convention. These include in particular absolute liability of the operator, its limitation in amount and in time. (NEA) [fr

  12. 31 CFR 370.26 - What limitations exist on liability?

    Science.gov (United States)

    2010-07-01

    ... TRANSFERS RELATING TO UNITED STATES SECURITIES Debit Entries § 370.26 What limitations exist on liability? If we sustain a loss because a financial institution fails to handle an entry in accordance with this...

  13. 7 CFR 46.10 - Nonlicensed person; liability; penalty.

    Science.gov (United States)

    2010-01-01

    ... 46.10 Agriculture Regulations of the Department of Agriculture AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices), DEPARTMENT OF AGRICULTURE MARKETING OF PERISHABLE AGRICULTURAL... Licenses § 46.10 Nonlicensed person; liability; penalty. Any commission merchant, dealer, or broker who...

  14. Nuclear Energy and Liability in Law. Records of the meeting

    International Nuclear Information System (INIS)

    1977-01-01

    The question of nuclear energy and liability in law was discussed at a one-day meeting organised jointly by the Societe francaise de radioprotection and the Societe francaise d'energie nucleaire. This report contains three of the papers presented. The first paper describes the different types of liability: civil, penal, administrative, international and explains the reasons which have led the legislator to introduce special liability rules to meet the problems raised by nuclear energy. The second paper deals with radiation protection and the different types of liability in law which may result from activities involving radiation protection. Finally, the third paper discusses nuclear risk insurance from the viewpoint of atomic insurance pools and specifies that insurers are concerned with improving accident prevention measures, in close collaboration with nuclear operators and the public authorities. (NEA) [fr

  15. Nuclear Liability and Insurance for nuclear Damage in Switzerland

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    1998-01-01

    With nuclear power generating 43% of its total electricity production, Switzerland is amongst the states, employing the highest percentage of nuclear electricity. Although, the country has not ratified any of the international Nuclear Liability Conventions, its Nuclear Third Party Liability Act reflects all the principles, underlying those Conventions. The statutory liability of the operator of a Swiss nuclear installation itself being unlimited, the total insurance limit of CHF 770 m. provides the highest private insurance protection worldwide. With the support of its foreign Reinsurance Pools, the capacity for this insurance guarantee has, over more than 40 years, been built up by the Swiss Nuclear Insurance Pool. Apart from Third Party Liability cover, the Pool also provides Property insurance to Swiss nuclear installation operators and reinsurance cover to other nuclear insurers worldwide. (author)

  16. Nuclear Liability and Insurance for Nuclear Damage in Sweden

    International Nuclear Information System (INIS)

    Thofelt, H.

    1998-01-01

    This paper contains some facts about the Swedish nuclear energy production system and about the nuclear operators liability with the important issues. The nuclear insurance of Sweden is also explained in short terms. (author)

  17. 48 CFR 1427.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...

  18. 48 CFR 27.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...

  19. Negligent Hiring and Employer Liability in the Selection of Employees.

    Science.gov (United States)

    Howard, Sharon Swenson

    1988-01-01

    Reviews some theories of employer liability: (1) negligent hiring; (2) negligent entrustment; and (3) respondent superior. Applicable cases focusing on the investigation of prospective employees and the emerging constitutional implications are discussed. (MLF)

  20. An Examination of Contemporary Issues Relating to Medical Liability ...

    African Journals Online (AJOL)

    In Nigeria, cases of negligence are under-reported; consequently marginal compensations ... consent, the doctor retains the duty to do what is in the best interest of the patient. ... Keywords: Medical, liability, negligence, Bolam, standard of care ...

  1. 26 CFR 1.752-1 - Treatment of partnership liabilities.

    Science.gov (United States)

    2010-04-01

    ..., obligations under a short sale, and obligations under derivative financial instruments such as options, forward contracts, futures contracts, and swaps. (iii) Other liabilities. For obligations that are not § 1...

  2. Abuse liability of novel 'legal high' designer stimulants: evidence from animal models.

    Science.gov (United States)

    Watterson, Lucas R; Watterson, Elizabeth; Olive, Michael Foster

    2013-09-01

    In the last few years, the variety and recreational use of 'legal high' designer stimulants has increased to unprecedented levels. Since their rapid emergence in drug markets, numerous adverse physical and psychological effects have been extensively reported. However, less is understood about the potential for compulsive use of and addiction to these drugs. Recently, a small collection of scientific studies assessing the abuse liability of these drugs has emerged. This new knowledge has been derived primarily from animal studies using behaviorally based procedures which include intravenous self-administration, conditioned place preference, intracranial self-stimulation, and drug discrimination. In this review we present a brief history of the recent rise in designer stimulant use followed by a short methodological description of the aforementioned procedures. We then review neurochemical and abuse liability studies on designer stimulants that have been examined to date. Finally, we conclude with a discussion of these collective findings, our current understanding of the abuse liability of these drugs in relation to each other and the illicit drugs they are designed to mimic, and recommend future research directions.

  3. Report on state liability for radioactive materials transportation incidents: A survey of laws

    International Nuclear Information System (INIS)

    1989-10-01

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

  4. Unintended Consequences of Products Liability: Evidence from the Pharmaceutical Market

    OpenAIRE

    Eric Helland; Darius N. Lakdawalla; Anup Malani; Seth A. Seabury

    2014-01-01

    In a complex economy, production is vertical and crosses jurisdictional lines. Goods are often produced by an upstream national or global firm and improved or distributed by local firms downstream. In this context, heightened products liability may have unintended consequences on product sales and consumer safety. Conventional wisdom holds that an increase in tort liability on the upstream firm will cause that firm to (weakly) increase investment in safety or disclosure. However, this may fai...

  5. Managing nuclear liabilities: 'hospital pass' or major opportunity?

    International Nuclear Information System (INIS)

    May, D.

    1995-01-01

    This paper sets out to start changing the perception that liabilities management is an unattractive part of the UK Nuclear Industry. The paper describes BNFL's successes and long term challenges in this area and concludes that liabilities management presents a major opportunity to:-Remove an Achilles heel of the industry; Create value for the companies concerned by successfully driving down costs; Sustain and exploit internationally a major UK competitive edge. (Author)

  6. The Effects of Liquidity Regulation on Bank Assets and Liabilities

    OpenAIRE

    Patty Duijm; Peter Wierts

    2014-01-01

    Under Basel III rules, banks become subject to a liquidity coverage ratio (LCR) from 2015 onwards, to promote short-term resilience. We investigate the effects of such liquidity regulation on bank liquid assets and liabilities. Results indicate co-integration of liquid assets and liabilities, to maintain a minimum short-term liquidity buffer. Still, microprudential regulation has not prevented an aggregate liquidity cycle characterised by a pro-cyclical pattern in the size of balance sheets a...

  7. Nuclear operator. Liability amounts and financial security limits

    International Nuclear Information System (INIS)

    2015-07-01

    This paper gives, for numerous countries involved (or would be involved) in nuclear activities, financial information on the liability amount imposed on the operator, the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated, and the public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula

  8. Partnerships – Limited partnerships and limited liability limited partnerships

    OpenAIRE

    Henning, Johan J.

    2000-01-01

    Consideration of the Limited Liability Partnership Act 2000 which introduced a new corporate entity, carrying the designations “partnership” and “limited” which allow members to limit their liability whilst organising themselves internally as a partnership. Article by Professor Johan Henning (Director of the Centre for Corporate Law and Practice, IALS and Dean of the Faculty of Law, University of the Free State, South Africa). Published in Amicus Curiae - Journal of the Institute of Advanced ...

  9. Impact of co-administration of oxycodone and smoked cannabis on analgesia and abuse liability.

    Science.gov (United States)

    Cooper, Ziva D; Bedi, Gillinder; Ramesh, Divya; Balter, Rebecca; Comer, Sandra D; Haney, Margaret

    2018-02-05

    Cannabinoids combined with opioids produce synergistic antinociceptive effects, decreasing the lowest effective antinociceptive opioid dose (i.e., opioid-sparing effects) in laboratory animals. Although pain patients report greater analgesia when cannabis is used with opioids, no placebo-controlled studies have assessed the direct effects of opioids combined with cannabis in humans or the impact of the combination on abuse liability. This double-blind, placebo-controlled, within-subject study determined if cannabis enhances the analgesic effects of low dose oxycodone using a validated experimental model of pain and its effects on abuse liability. Healthy cannabis smokers (N = 18) were administered oxycodone (0, 2.5, and 5.0 mg, PO) with smoked cannabis (0.0, 5.6% Δ 9 tetrahydrocannabinol [THC]) and analgesia was assessed using the Cold-Pressor Test (CPT). Participants immersed their hand in cold water (4 °C); times to report pain (pain threshold) and withdraw the hand from the water (pain tolerance) were recorded. Abuse-related effects were measured and effects of oxycodone on cannabis self-administration were determined. Alone, 5.0 mg oxycodone increased pain threshold and tolerance (p ≤ 0.05). Although active cannabis and 2.5 mg oxycodone alone failed to elicit analgesia, combined they increased pain threshold and tolerance (p ≤ 0.05). Oxycodone did not increase subjective ratings associated with cannabis abuse, nor did it increase cannabis self-administration. However, the combination of 2.5 mg oxycodone and active cannabis produced small, yet significant, increases in oxycodone abuse liability (p ≤ 0.05). Cannabis enhances the analgesic effects of sub-threshold oxycodone, suggesting synergy, without increases in cannabis's abuse liability. These findings support future research into the therapeutic use of opioid-cannabinoid combinations for pain.

  10. The Liability of the Managing Body within the Insolvency Proceedings in Romania: Case-Law Study

    Directory of Open Access Journals (Sweden)

    Rodica Diana Apan

    2015-11-01

    Full Text Available The study aims at identifying the new elements that the Insolvency Code in Romania, Law 85 of 2014, brings in what concerns entailing the liability of the managing body as well as that of other persons having contributed to the debtor's state of insolvency, compared to the previous regulation provided by Law 85 of 2006. The identification of these elements is carried out by making reference to the types of deeds that, following taken legal action, can entail liability and the coverage of the debts by the members of the managing body as well as by other persons having contributed to the debtor's state of insolvency. The analysis of the deeds concentrates around two connected centers of interest: The analysis of the deeds such as they are regulated by the two regulations and the case where for certain deeds there need to be identified the elements of repeatability in the two regulations and then the relevant case-law applicable for the respective deed is analyzed. In conclusion, in this way are identified the case-law variations met by the regulations applicable to the respective deed, in the judgments grounded on Law 85 of 2006. These variations represent landmarks for the regulations comprised by the Romanian Insolvency Code – Law 85 of 2014. Following the analyzed legal precedents – a number of 30 case-law judgments issued by courts of appeal being at the highest level of jurisdiction, there are identified in concreto, the type of acts which may entail the liability of the managing body for the insolvency of the enterprise. Through the present study we aim to guide the local administrators, as well as the future foreign investors who engage in foreign direct investments (FDI in Romania with regard to the liability of the managing body in within the insolvency proceedings.

  11. A study on the civil liability of radiological technologist in medical malpractice

    International Nuclear Information System (INIS)

    Lim, Chang Seon

    1995-01-01

    Recently the suits for medical malpractice are gradually increasing in this country. The main purpose of this study is to excavate the most suitable theories about civil liabilities on medical malpractice by radiological technologist. To solve the above-mentioned problems in medical malpractice, I have proceeded to make a survey of traditional theories and tried to excavate the most suitable theories for our medical circumstances among those theories. Both domestic and foreign relevant professional literatures and legal cases were investigated in this study. Several important findings of this study are as follows. First, the nature of legal interrelationship between radiological technologist and physician(or the representative of a hospital) is to define the content of employment. But in the eye of medical law, the interrelationship between radiological technologist and physician is written that radiological technologist should be directed by physician. Second, the nature of legal interrelationship between patient and physician(or the representative of a hospital) is to define the content of legal obligation of physician(or the representative of a hospital), and radiological technologist execute his obligation as proxy for physician. Therefore, patient can not clame any legal right to radiological technologist. Third, radiological technologist has the obligation of Due Care in medical practice. Fourth, on the medical malpractice by radiological technologist the civil liability can be treated as either tortious liability or contractual liability, and physician (or the representative of hospital) take the responsibility for the damage compensation. In this case, physician has the right of indemnity to radiological technologist. But it should be dinied or extremely limited

  12. Nature of individual difference in liability to depression in Russian adolescents

    Directory of Open Access Journals (Sweden)

    Sergey B. Malykh

    2012-01-01

    Full Text Available The Influence of genetic and environmental factors on liability to depression inRussian teenage sample was investigated. 196 twin pairs aged 13 to 17 (M=15,2from Moscow, Izhevsk and Bishkek took part in the survey. We have found out thatgenetic factors had an effect on individual difference in depressiveness amongRussian teenagers: more than 50% of variance was explained by additive geneticfactors which correspond to international results. The biggest genetic influencewas obtained for such scales as negative emotions, negative self esteem and externalizationwhich are the most replicable factor scales in CDI structure worldwide.

  13. Towards tributyltin quantification in natural water at the Environmental Quality Standard level required by the Water Framework Directive.

    Science.gov (United States)

    Alasonati, Enrica; Fettig, Ina; Richter, Janine; Philipp, Rosemarie; Milačič, Radmila; Sčančar, Janez; Zuliani, Tea; Tunç, Murat; Bilsel, Mine; Gören, Ahmet Ceyhan; Fisicaro, Paola

    2016-11-01

    The European Union (EU) has included tributyltin (TBT) and its compounds in the list of priority water pollutants. Quality standards demanded by the EU Water Framework Directive (WFD) require determination of TBT at so low concentration level that chemical analysis is still difficult and further research is needed to improve the sensitivity, the accuracy and the precision of existing methodologies. Within the frame of a joint research project "Traceable measurements for monitoring critical pollutants under the European Water Framework Directive" in the European Metrology Research Programme (EMRP), four metrological and designated institutes have developed a primary method to quantify TBT in natural water using liquid-liquid extraction (LLE) and species-specific isotope dilution mass spectrometry (SSIDMS). The procedure has been validated at the Environmental Quality Standard (EQS) level (0.2ngL(-1) as cation) and at the WFD-required limit of quantification (LOQ) (0.06ngL(-1) as cation). The LOQ of the methodology was 0.06ngL(-1) and the average measurement uncertainty at the LOQ was 36%, which agreed with WFD requirements. The analytical difficulties of the method, namely the presence of TBT in blanks and the sources of measurement uncertainties, as well as the interlaboratory comparison results are discussed in detail. Copyright © 2016 Elsevier B.V. All rights reserved.

  14. Microbial contamination of syringes during preparation: the direct influence of environmental cleanliness and risk manipulations on end-product quality.

    Science.gov (United States)

    Stucki, Cyril; Sautter, Anna-Maria; Favet, Jocelyne; Bonnabry, Pascal

    2009-11-15

    The direct influence of environmental cleanliness and risk manipulations on prepared syringes was evaluated. Media-fill testing was used to estimate potential microbial contamination. Syringes were prepared in three different environments using four different uncontrolled high-risk manipulations. The three environments included an International Organization for Standardization (ISO) class 5 horizontal laminar-airflow hood in an ISO class 6 cleanroom (in accordance with United States Pharmacopeia [USP] chapter 797), an ISO class 7 drug preparation area of an operating room, and an uncontrolled decentralized pharmacy in a ward. For each combination of environment and manipulation, 100 syringes were filled by a single operator. The four high-risk manipulations used included simple filling of syringes with trypticase soy broth, three-second contact by the ungloved fingers of the operator with the hub of the syringe, three-second contact between an object and the hub of the syringe, and exposure of the filled syringes to ambient air for 10 minutes. Of the 1500 syringes prepared in three different environments, none produced within the cleanroom contained microorganisms, 6% were contaminated in the operating room, and 16% were contaminated in the ward (p ISO class 5 cleanroom in accordance with USP chapter 797 requirements was demonstrated to be the best way to avoid bacterial or fungal contamination of injectable drugs directly resulting in patient infections.

  15. The international liability funds in the maritime field

    Directory of Open Access Journals (Sweden)

    Mišo Mudrić

    2009-08-01

    Full Text Available This Paper aims to explore the current system of the international liability funds in the maritime field. Through the systematic economical, legal and political analysis of the current and envisaged international, regional and national liability funds connected to the pollution of the seas, an overview of the function, efficiency and critical considerations of the chosen liability funds will be presented. A comparison between the international system of the compensation for the oil pollution damage (and the pending hazardous and noxious substances compensation model, and that of the United States is necessary, in order to determine a difference in approaches these two systems use to tackle the burning issues of oil (and hazardous and noxious substances spills. A special consideration will be devoted to the questions of limited or unlimited liability, scope and strength of the Protection & Indemnity insurance and reinsurance market, problems of the channeling of the liability, moral hazard of the financial caps, and the general lack of the liability funds in the maritime field. Finally, an attempt will be made to consolidate the difference in opinions regarding the previously mentioned issues, and to predict the possible routes of changes awaiting the fund compensation systems.

  16. New directions in nuclear waste disposal in Ontario Hydro

    International Nuclear Information System (INIS)

    Nash, K.

    1996-01-01

    Ontario Hydro Nuclear has financial, environmental, safety and public acceptance business objectives which must be met to achieve long term sustainable success. Short term objectives of achieving nuclear excellence in safety, cost and production are vital to this success. Ontario Hydro's nuclear waste and decommissioning liabilities must be managed within these objectives. This paper outlines the financial environmental and societal considerations and responsibility framework for managing these liabilities. (author)

  17. Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

    International Nuclear Information System (INIS)

    Novotna, Marianna

    2016-01-01

    The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

  18. Armed guards on vessels : insurance and liability

    Directory of Open Access Journals (Sweden)

    Mišo Mudrić

    2011-12-01

    Full Text Available The Paper examines the insurance and liability issues resulting from the use of armed guards on board vessels. The study begins with an overview of the available data on key economic fi gures representing the projected overall annual costs of modern piracy. The focus is then shifted to the issue of public versus private security, where possible dangers of private-based security options are discussed in general. After explaining why the Somalia region deserves a closer attention when compared to other pirate-infested waters, a brief summary of the international effort to combat piracy threat is presented, followed by a structured overview of the use of private maritime security options in the maritime sector in general. One security option is the use of armed guards on board vessels. This option is explored both from the political (the acceptance by stakeholders and legal standpoint (legal issues arising from the use of armed guards. An important remedy for the shipping companies/ operators threatened by the piracy hazard is the existence of affordable and effective (specialized marine insurance. A study of available piracy insurance policies is presented, followed by an analysis of case law and other legal issues arising from piracy attacks, which could prove important when considering the legal implications of armed guards employment. Finally, a simplifi ed economic analysis of available security options is presented, followed by the final assessment of benefi ts derived from the use of armed guards.

  19. Spent nuclear fuel disposal liability insurance

    International Nuclear Information System (INIS)

    Martin, D.W.

    1984-01-01

    This thesis examines the social efficiency of nuclear power when the risks of accidental releases of spent fuel radionuclides from a spent fuel disposal facility are considered. The analysis consists of two major parts. First, a theoretical economic model of the use of nuclear power including the risks associated with releases of radionuclides from a disposal facility is developed. Second, the costs of nuclear power, including the risks associated with a radionuclide release, are empirically compared to the costs of fossil fuel-fired generation of electricity. Under the provisions of the Nuclear Waste Policy Act of 1982, the federally owned and operated spent nuclear fuel disposal facility is not required to maintain a reserve fund to cover damages from an accidental radionuclide release. Thus, the risks of a harmful radionuclide release are not included in the spent nuclear fuel disposal fee charged to the electric utilities. Since the electric utilities do not pay the full, social costs of spent fuel disposal, they use nuclear fuel in excess of the social optimum. An insurance mechanism is proposed to internalize the risks associated with spent fueled disposal. Under this proposal, the Federal government is required to insure the disposal facility against any liabilities arising from accidental releases of spent fuel radionuclides

  20. The role of procurement in liabilities management

    International Nuclear Information System (INIS)

    Nicol, R.D.

    1998-01-01

    The new United Kingdom Atomic Energy Authority (UKAEA) has as its primary purpose the management of the liabilities left from the nuclear R and D programme. When it was set up in its present form in 1994 (as UKAEA Government Division) it had as its core functions programme management and procurement. It aimed to be involved in project implementation and operations only in so far as it needed to be for purposes of control as nuclear site licensee, or where otherwise this represented best value for money for the taxpayer. This paper describes how the clear definition and split of client and contractor roles has enabled UKAEA to promote the development of a competitive market in decommissioning, to the benefit of the taxpayer and industry. The importance of procurement at the various stages of planning and implementation are explained, along with some of the initiatives UKAEA has taken to improve client-contractor relationships. It is argued that UKAEA's approach has helped to define the boundaries of what is permissible in contractorization within the terms of a nuclear site licence. (author)

  1. Insurance of operators liability: the reality principle

    International Nuclear Information System (INIS)

    Allegre, J.

    2000-01-01

    The author's observations commence with -an overview of the principal amendments proposed in relation to the revision of the Paris Convention, in particular the inclusion of preventive measures, the definition of nuclear damage, the notion of reasonableness in respect of preventive measures and measures of reinstatement, increased liability amounts and extended prescription periods. He examines to what extent the insurance industry of today would be able to cover such risks, and the problems or doubts that it may encounter in doing so. This presentation also raises other questions which as yet remain unanswered, in particular the question of priorities and the role that complementary funding, namely the Brussels Supplementary Convention, will play in compensating victims. The author concludes by commenting on the current state of the insurance market. He suggests that before making irreversible political decisions in this field, Contracting Parties should, inter alia, carry out detailed analyses on the adequacy of the financial guarantees, in order to attain existing objectives and eliminate the obstacles which prevent the nuclear insurance market from being a competitive one. The author suggests that it might be in the interests of European nuclear operators to promote an insurance mechanism along the same lines as their American colleagues. (author)

  2. Contractual liability: In European, comparative and Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2011-01-01

    Full Text Available Contractual liability is an important topic of the ongoing reform of the effective Serbian Law on Obligations (2007-2009, which aims to harmonize the national legislation in this field with the laws of the European Union. In this paper the author analyzes the evolution of the traditional European civil codes (the German BGB, French Code civil, the Austrian ABGB the Swiss OR and the Hungarian Civil Code, with due attention to the doctrine and jurisprudence, taking into account the proposed reforms of the effective Serbian Law on Obligations concerning issues of contractual liability, such as the legal consequences of nonperformance, misperformance, default, etc. The author is of the opinion that the notion of the breach of contract doesn't cover all the cases in which contractual liability arises, although it embraces nonperformance, misperformance and default. The notion of contractual liability, namely, covers not only the cases of breach of contract, but the infringement of public policy, good morals and mandatory rules, which all lead to the nullity of the contract. In cases of voidable contracts (that is in case of defects of contractual will, such as mistake, deceit and duress it is questionable whether the scope of contractual liability should be extended to mistake, which is a case of nonconscious discrepancy between contractual will and its expression. It is undisputable that contractual liability arises in case of deceit and duress, to the burden of the party acting in bad faith. The rescission of contract entails a separate complex of legal issues, since it may be justified by the other party's breach of the contract. It can also be onesided, two-sided or by a mutual agreement. Furthermore, specific rules apply to rescission of contract due to changed circumstances. In case of termination of a contract by mutual agreement, the parties usually agree on the extent of liability, that is on the extent of indemnification. Contractual

  3. 78 FR 28005 - System Energy Resources, Inc.; Grand Gulf Nuclear Station; Order Approving Direct and Indirect...

    Science.gov (United States)

    2013-05-13

    ... direct transfer of Grand Gulf ESP Site, to a new limited liability company, System Energy Resource, LLC..., LLC, a Delaware limited liability company, will be created, which will be the direct parent company of... Operations, Inc. (EOI), requested on behalf of itself, SERI, and their parent companies (together, the...

  4. Environmental terrorism

    International Nuclear Information System (INIS)

    Zirschky, J.

    1988-01-01

    Environmental terrorism is described as the deliberate use or threat of use of physical, chemical, nuclear, or bacteriological agents in the commission of a terrorist act; an act in which either the agent is delivered to a target population by use of an environmental medium (such as air, water, or soil) or the agent is used to render a natural resource unsuitable for a desired use. Among the recommendations for safeguarding against environmental terrorism are: changes in reporting requirements for chemical inventories and sensitive information such as security measures; development of effective emergency response plans; development of a public relations program to be implemented after an incident in which the goal of the terrorist is to discredit a particular company; and protection from liability for terrorist acts

  5. A new environmental Kuznets curve? Relationship between direct material input and income per capita. Evidence from industrialised countries

    Energy Technology Data Exchange (ETDEWEB)

    Canas, Angela; Ferrao, Paulo; Conceicao, Pedro [IN+-Centre for Innovation, Technology and Policy Research, IST-Instituto Superior Tecnico, Av. Rovisco Pais, 1049-001 Lisbon (Portugal)

    2003-09-01

    Many studies have focused on the quantification of the input of materials into the economy. However, the insights provided by those studies have generally been limited. This paper attempts to bring analytical value to the discussion on 'dematerialization' considering direct material input (DMI) per capita as the dependent variable in a test of the environmental Kuznets curve (EKC). The explanatory variable is, as usual, gross domestic product per capita. The quadratic and cubic versions of the EKC are tested econometrically, using panel data ranging from 1960 to 1998 for 16 industrialised countries. The results indicate a strong and robust support for both the quadratic and cubic EKC relationships between material input and income, in industrialised economies. While the statistical support to both types of evolution may seem contradictory, it suggests that as industrialised economies grow, the intensity of material consumption first increases, but eventually starts exhibiting a decreasing trend after a certain income threshold is reached. The inverted-U, or quadratic, relationship is confirmed, even though for the ranges of income considered in this study, the trend is mostly on the increasing part of the inverted-U curve. However, the statistical support to the cubic specification suggests that these results need to be regarded with caution. Overall, the statistically stronger models are the quadratic and cubic models with country random effects, and the cubic model with country and year fixed effects.

  6. Environmental policy and technological change: The effects of economic incentives and direct regulation on energy-saving innovation

    Science.gov (United States)

    Newell, Richard G., Jr.

    Over the long run, the impacts of environmental policies will be greatly affected by the influence these policies have on the rate and direction of technological change. In particular, the roles played by energy prices and product regulation in energy-saving technology innovation are exceptionally important considerations in modeling climate change and evaluating alternative policy options. We analyze the effects of energy prices and energy-efficiency regulations on the menu of air conditioner and water heater models available on the market over a period of more than three decades, measuring their innovation in terms of improvements in the products' underlying characteristics. Through estimation of a series of "characteristics transformation surfaces," we find that during less than four decades, substantial innovation in these products reduced the total capital and operating costs of air conditioning by one-half and water heating by more than one-fifth. Although the overall rate of innovation in these products appears to be independent of energy prices and regulations, the evidence suggests that the direction of innovation may be responsive to energy price changes. This would imply that energy price increases induced innovation in a direction that lowered the capital cost tradeoffs inherent in producing more energy-efficient products. The evidence supporting "regulation-induced" changes in these tradeoffs is much weaker. Our estimates indicate that about one- to two-fifths of the energy-efficiency improvements in these products from 1973 to 1993 were associated with historical changes in energy prices. We also find that this responsiveness to price changes increased substantially after product labeling requirements came into effect, and that minimum efficiency standards had a significant positive effect on average efficiency levels. Nonetheless, a sizeable portion of historical efficiency improvements in these technologies is associated with the products' overall

  7. Civil liability in sports for commission merchant in Iran’s Law

    OpenAIRE

    Sead Hesam Bostani; Ali Ranjbar,; Seyed Mohsen Rosta,; Sead Jamal Bostani; Zahra Zare

    2016-01-01

    Law as a comprehensive knowledge has applications in multiple aspects of people’s lives and sports isn’t excluded from this realm as well. Lots of legal entities and natural persons are involved in sports that each one of them has a function and as a result of this it is possible that some liabilities arise for them. Today, some individuals under the title of manager hold the responsibility of guiding and directing several athletic organizations that a sports club manager is among them. Notin...

  8. The Public Trust Doctrine and Liability for Historic Water Pollution in South Africa

    Directory of Open Access Journals (Sweden)

    Loretta Feris

    2012-06-01

    Full Text Available The public trust doctrine is now, in the post-constitutional era, part and parcel of South African natural resources law. However, the precise meaning and content remain, to some extent, unclear. This is particularly true in respect of the relationship between the public trust doctrine and the polluter pays principle and the extent to which liability for pollution and degradation of natural resources also lies within the realm of the public trust doctrine. This article sets out to explore the public trust doctrine in South African law and its potential for assigning liability in a natural resources law context. It does so in the context of South Africa’s challenges in dealing with acid mine drainage (AMD, a legacy from defunct mines, but a continuing by-product of existing mining. It revisits the traditional scope of the public trust doctrine and argues for an expansive view in line not only with the constitutional imperatives embodied in South Africa’s environmental right, but also by way of an analogy between the public trust doctrine and the common heritage of mankind principle as it presents itself in international environmental law. In doing so this article also explores the development of the doctrine in US law which in some respects has set the course for its application with respect to natural resources law.

  9. 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

  10. Limited and unlimited liability in the German Atomic Energy Law

    International Nuclear Information System (INIS)

    Pelzer, N.

    1982-01-01

    The liability of operators of nuclear installations in the FRG is limited under current law to the sum of one thousand million DM (section 31 of the Atomic Energy law). Since about the autumn of 1979, the Federal Ministry of the Interior is making inquiries into the necessity and appropriateness of abandoning the provision on liability limitations, in order to improve the victims compensation. The legal problems involved in this decision are presented by the author, trying to answer the question of whether the current system of liability limitations should be maintained or abandoned by discussing this issue from the point of view of the legal functions ''justice'' and ''expedience'' of this provision. The manifold international interlacement of the atomic energy law does not allow this study to be restricted to the law of the FRG. A brief review of the development and current state of the international nuclear liability law is the basis of this study into the problems of a possible modification of the German nuclear liability provisions. The study is carried out with the purpose of elaborating model solutions. (orig./HP) [de

  11. Risk analysis, product liability and criminal law when using ammonia and hydrocarbons as refrigerants; Risikoanalyse, Produktehaftpflicht und Strafrecht bei Ammoniak und Kohlenwasserstoffe als Kaeltemittel

    Energy Technology Data Exchange (ETDEWEB)

    Wolfer, M.; Seiler, H.

    2000-07-01

    This article examines the risks involved in the use of the environmentally friendly refrigerants such as ammonia and various hydrocarbons in heat pumps and refrigeration systems. The liabilities incurred by manufacturers and installers are discussed and legal questions are looked at. A quantitative method of assessing the risks involved during the operation of such systems and the safety measures to be taken during the construction, installation and operational phases is introduced. Exemplary assessments made on typical applications such as a heat pump installation in a single-family home and refrigeration systems in a supermarket or an ice rink are presented in figures and diagrams. Finally, questions of legal responsibility and liability are discussed. In particular, the situation regarding the legal liability of manufacturers, installers and operators of such installations are looked at in the light of current Swiss legislation and criminal law. Consequences that are to be taken in this respect are proposed.

  12. The NORMAN network and its activities on emerging environmental substances with a focus on effect-directed analysis of complex environmental contamination

    Energy Technology Data Exchange (ETDEWEB)

    Brack, Werner [Helmholtz Centre for Environmental Research - UFZ, Leipzig (Germany); Dulio, Valeria [National Institute for Environment and Industrial Risks, INERIS, Verneuil-en-Halatte (France); Slobodnik, Jaroslav [Environmental Institute, Kos (Slovakia)

    2012-12-15

    The need to look beyond the conventional target pollutants when assessing the hazards of chemicals to human health and to ecosystems is now generally recognised as a priority issue in all environmental policy areas at both the European level and national level in the various countries. It has also become clear that it is not possible for individual countries alone to develop the knowledge and methodologies needed for measuring and evaluating the effects and associated risks of a vast number of emerging pollutants. Further to these priority needs, the NORMAN project was funded in 2005 by the European Commission in order to promote the creation of a permanent network among reference laboratories and research centres, in collaboration with the parties involved (industry, standardisation bodies, NGOs, etc.), to ensure (i) a more rapid and wide-scope exchange of data and information on the occurrence and effects of emerging substances, (ii) better data quality and comparability via validation and harmonisation of common measurement methods (chemical and biological) and monitoring tools, (iii) more transparent information (need for information, not just data) and (iv) the establishment of an independent and competent forum for the technical/scientific debate on issues related to emerging substances. NORMAN plays a significant role as an interface organisation between science and policy, with the advantage of speaking with a ''bigger voice'' to the European Commission and other public institutions. The activities of the network range from a scientific watch and the feeding of data on emerging substances into NORMAN databases (information gateway on emerging pollutants) to the organisation of working groups and workshops (producing position papers on research priorities), the setting-up of interlaboratory studies and the organisation of measurement campaigns. This article presents the objectives and scope of the activities of the NORMAN network

  13. Management, regulation and environmental impacts of nitrogen fertilization in northwestern Europe under the Nitrates Directive; a benchmark study

    Directory of Open Access Journals (Sweden)

    H. J. M. van Grinsven

    2012-12-01

    Full Text Available Implementation of the Nitrates Directive (NiD and its environmental impacts were compared for member states in the northwest of the European Union (Ireland, United Kingdom, Denmark, the Netherlands, Belgium, Northern France and Germany. The main sources of data were national reports for the third reporting period for the NiD (2004–2007 and results of the MITERRA-EUROPE model. Implementation of the NiD in the considered member states is fairly comparable regarding restrictions for where and when to apply fertilizer and manure, but very different regarding application limits for N fertilization. Issues of concern and improvement of the implementation of the NiD are accounting for the fertilizer value of nitrogen in manure, and relating application limits for total nitrogen (N to potential crop yield and N removal. The most significant environmental effect of the implementation of the NiD since 1995 is a major contribution to the decrease of the soil N balance (N surplus, particularly in Belgium, Denmark, Ireland, the Netherlands and the United Kingdom. This decrease is accompanied by a modest decrease of nitrate concentrations since 2000 in fresh surface waters in most countries. This decrease is less prominent for groundwater in view of delayed response of nitrate in deep aquifers. In spite of improved fertilization practices, the southeast of the Netherlands, the Flemish Region and Brittany remain to be regions of major concern in view of a combination of a high nitrogen surplus, high leaching fractions to groundwater and tenacious exceedance of the water quality standards. On average the gross N balance in 2008 for the seven member states in EUROSTAT and in national reports was about 20 kg N ha−1 yr−1 lower than by MITERRA. The major cause is higher estimates of N removal in national reports which can amount to more than 50 kg N ha−1 yr−1. Differences between procedures in member states to

  14. Management, regulation and environmental impacts of nitrogen fertilization in northwestern Europe under the Nitrates Directive; a benchmark study

    Science.gov (United States)

    van Grinsven, H. J. M.; ten Berge, H. F. M.; Dalgaard, T.; Fraters, B.; Durand, P.; Hart, A.; Hofman, G.; Jacobsen, B. H.; Lalor, S. T. J.; Lesschen, J. P.; Osterburg, B.; Richards, K. G.; Techen, A.-K.; Vertès, F.; Webb, J.; Willems, W. J.

    2012-12-01

    Implementation of the Nitrates Directive (NiD) and its environmental impacts were compared for member states in the northwest of the European Union (Ireland, United Kingdom, Denmark, the Netherlands, Belgium, Northern France and Germany). The main sources of data were national reports for the third reporting period for the NiD (2004-2007) and results of the MITERRA-EUROPE model. Implementation of the NiD in the considered member states is fairly comparable regarding restrictions for where and when to apply fertilizer and manure, but very different regarding application limits for N fertilization. Issues of concern and improvement of the implementation of the NiD are accounting for the fertilizer value of nitrogen in manure, and relating application limits for total nitrogen (N) to potential crop yield and N removal. The most significant environmental effect of the implementation of the NiD since 1995 is a major contribution to the decrease of the soil N balance (N surplus), particularly in Belgium, Denmark, Ireland, the Netherlands and the United Kingdom. This decrease is accompanied by a modest decrease of nitrate concentrations since 2000 in fresh surface waters in most countries. This decrease is less prominent for groundwater in view of delayed response of nitrate in deep aquifers. In spite of improved fertilization practices, the southeast of the Netherlands, the Flemish Region and Brittany remain to be regions of major concern in view of a combination of a high nitrogen surplus, high leaching fractions to groundwater and tenacious exceedance of the water quality standards. On average the gross N balance in 2008 for the seven member states in EUROSTAT and in national reports was about 20 kg N ha-1 yr-1 lower than by MITERRA. The major cause is higher estimates of N removal in national reports which can amount to more than 50 kg N ha-1 yr-1. Differences between procedures in member states to assess nitrogen balances and water quality and a lack of cross

  15. Clinical multiple sclerosis occurs at one end of a spectrum of CNS pathology: a modified threshold liability model leads to new ways of thinking about the cause of clinical multiple sclerosis.

    Science.gov (United States)

    Haegert, David G

    2005-01-01

    Multiple sclerosis (MS) is a complex trait, the causes of which are elusive. A threshold liability model influences thinking about the causes of this disorder. According to this model, a population has a normal distribution of genetic liability to MS. In addition, a threshold exists, so that MS begins when an individual's liability exceeds the MS threshold; environmental and other causative factors may increase or decrease an individual's MS liability. It is argued here, however, that this model is misleading, as it is based on the incorrect assumption that MS is a disorder that one either has or does not have. This paper hypothesizes, instead, that patients with a diagnosis of MS share identical CNS pathology, termed MS pathology, with some individuals who have a diagnosis of possible MS and with some apparently healthy individuals, who may never have a diagnosis of MS. In order to accommodate this hypothesis, the current threshold liability model is modified as follows. (1) In addition to a normal distribution of MS liability within a population, a spectrum of MS pathology occurs in some who have a high MS liability. (2) A clinical MS threshold exists at a point on this liability distribution, where the burden and distribution of MS pathology permits a diagnosis of clinical MS. (3) Additional thresholds exist that correspond to a lower MS liability and a lesser burden of MS pathology than occur at the clinical MS threshold. This modified threshold model leads to the postulate that causes act at various time points to increase MS liability and induce MS pathology. The accumulation of MS pathology sometimes leads to a diagnosis of clinical MS. One implication of this model is that the MS pathology in clinical MS and in some with possible MS differs only in the extent but not in the type of CNS injury. Thus, it may be possible to obtain insight into the causative environmental factors that increase MS liability and induce MS pathology by focusing on patients who

  16. Environmental issues and the nuclear industry

    International Nuclear Information System (INIS)

    Castle, P.

    1995-01-01

    Health safety and environmental liabilities of the 'nuclear industry' reflect those of industry in general and may broadly be divided into two areas: criminal liability for regulatory non-compliance; and civil liability for damage caused to persons and their property (for example, neighbours, employees etc). In addition, environmental liability may be incurred as a result of powers of the regulatory authorities to clean up contamination and to recoup the cost. These are in addition to the regime of strict liability imposed, where relevant, by the Nuclear Installations Act 1965. In the case of environmental liabilities, 'owners;, 'occupiers', 'persons responsible', 'persons in control' may all be held to be liable and for the most part these terms remain undefined both under English law and European Community (now European Union) law. This potentially has ramifications for current and former owners and operators, their boards and senior managers, other employees, parent companies, shareholders and their lenders and investors - of particular relevance in the context of privatization. (author)

  17. A Danish Twin Study of Schizophrenia Liability: Investigation from Interviewed Twins for Genetic Links to Affective Psychoses and for Cross-Cohort Comparisons.

    Science.gov (United States)

    Kläning, Ulla; Trumbetta, Susan L; Gottesman, Irving I; Skytthe, Axel; Kyvik, Kirsten O; Bertelsen, Aksel

    2016-03-01

    We studied schizophrenia liability in a Danish population-based sample of 44 twin pairs (13 MZ, 31 DZ, SS plus OS) in order to replicate previous twin study findings using contemporary diagnostic criteria, to examine genetic liability shared between schizophrenia and other disorders, and to explore whether variance in schizophrenia liability attributable to environmental factors may have decreased with successive cohorts exposed to improvements in public health. ICD-10 diagnoses were determined by clinical interview. Although the best-fitting, most parsimonious biometric model of schizophrenia liability specified variance attributable to additive genetic and non-shared environmental factors, this model did not differ significantly from a model that also included non-additive genetic factors, consistent with recent interview-based twin studies. Schizophrenia showed strong genetic links to other psychotic disorders but much less so for the broader category of psychiatric disorders in general. We also observed a marginally significant decline in schizophrenia variance attributable to environmental factors over successive Western European cohorts, consistent perhaps with improvements in diagnosis and in prenatal and perinatal care and with a secular decline in the prevalence of schizophrenia in that region.

  18. Assessment of the abuse liability of three menthol Vuse Solo electronic cigarettes relative to combustible cigarettes and nicotine gum.

    Science.gov (United States)

    Stiles, Mitchell F; Campbell, Leanne R; Jin, Tao; Graff, Donald W; Fant, Reginald V; Henningfield, Jack E

    2018-05-03

    We previously reported that following a short-term product use period, use of non-menthol Vuse Solo electronic cigarettes (ECs) resulted in product effect-related subjective responses and nicotine uptake between those of combustible cigarettes (high-abuse liability comparator) and nicotine gum (low-abuse liability comparator); the results were generally closer to those of nicotine gum. Using a similar design to the previous study, we evaluated the abuse liability of three menthol-flavored Vuse Solo ECs with the same nicotine contents (14, 29, and 36 mg) in a group of EC-naïve, menthol cigarette smokers, relative to comparator products. Six-hour nicotine uptake and ratings of subjective effects were used to determine abuse liability and pharmacokinetics. Use of menthol Vuse Solo resulted in significantly lower responses to subjective measurements (product liking, intent to use product again, and liking of positive product effects), higher urge to smoke responses, and a lower peak (C max ) and overall extent (AUC 0-360 ) of nicotine uptake compared to smoking the usual brand menthol cigarette. When compared with use of nicotine gum, subjective responses to use of menthol Vuse ECs were in the same direction as those resulting from smoking cigarettes but were more similar to nicotine gum use in magnitude than they were to cigarettes. These findings are concordant with our previous results and provide evidence that menthol Vuse Solo ECs have abuse liability that is lower than menthol cigarettes and potentially greater than that of nicotine gum. ClinicalTrials.gov identifier: NCT02664012.

  19. The future of small hydropower within the European union. An environmental policy study based on the European Water framework directive and the renewable energy directive

    NARCIS (Netherlands)

    Pabbruwee, Kees

    2006-01-01

    Small hydropower facilities according to European Union (EU) standards have an installed capacity of less than 10 MW. The Renewable Energy Directive has set targets for installed capacity and electricity produced by small hydropower facilities to be reach

  20. Boards of Directors' and Management's Liability in Law in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2011-01-01

    The article demonstrates that written standards for the basis of liability are playing an ever greater role relative to unwritten standards under tort law. It is noted that following the bank failures in the wake of the financial crisis in 2008, a significant number of cases are proceeding...... in Denmark in which liability for exorbitant sums is being imputed to members of the boeard of directors and management and external and internal accountants. The new Danish companies act in force from 1 March 2010 made no apparent change to the standards concerning liability. Nonetheless, the companies act...... emphasizes in various places that this or that is "the responsibility of the board of directors or management", and by emphasizing such legally defined focal points, the companies act is thus nevertheless instrumental in clarifying - and in the longer term perhaps to some degree increasing the stringency...