WorldWideScience

Sample records for international legal history

  1. Against a Systemic Legal History

    Directory of Open Access Journals (Sweden)

    Simon Roberts

    2002-01-01

    Full Text Available This paper questions the resort to systems theory as the foundation of an evolutionary legal history. In particular, the theoretical legacy of Niklas Luhmann upon which Marie Theres Fögen proposes to draw seems to have limited application outside a context in which advanced system differentiation is present. Although (like Marx, Durkheim and Weber before him Luhmann drew in a broad evolutionary trajectory, he was concerned principally with “functionally differentiated society”. Earlier phases – covering precisely those formations that historians will presumably focus upon – are very hazily sketched in and relatively poorly theorised. In general, we should not too readily acknowledge “the exhaustion of the paradigm of modernity” (Santos, 1995 or rush to proclaim the obsolescence of multi-dimensional approaches such as those of Bourdieu (1977 and Giddens (1984. Any legal history that marginalises both human actors and the conditional environment has a considerable task in making up the ensuing deficit.

  2. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

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

  3. German Legal History: National Traditions and Transnational Perspectives

    Directory of Open Access Journals (Sweden)

    Thomas Duve

    2014-01-01

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

  4. Temporal Visualization for Legal Case Histories.

    Science.gov (United States)

    Harris, Chanda; Allen, Robert B.; Plaisant, Catherine; Shneiderman, Ben

    1999-01-01

    Discusses visualization of legal information using a tool for temporal information called "LifeLines." Explores ways "LifeLines" could aid in viewing the links between original case and direct and indirect case histories. Uses the case of Apple Computer, Inc. versus Microsoft Corporation and Hewlett Packard Company to…

  5. A little bit of legal history

    CERN Multimedia

    2010-01-01

    On Monday 18 October, a little bit of legal history will be made when the first international tripartite agreement between CERN and its two Host States is signed. This agreement, which has been under negotiation since 2004, clarifies the working conditions of people employed by companies contracted to CERN. It will facilitate the management of service contracts both for CERN and its contractors.   Ever since 1965, when CERN first crossed the border into France, the rule of territoriality has applied. This means that anyone working for a company contracted to CERN whose job involves crossing the border is subject to the employment legislation of both states. The new agreement simplifies matters by making only one legislation apply per contract, that of the country in which most of the work is carried out. This is good for CERN, it’s good for the companies, and it’s good for their employees. It is something that all three parties to the agreement have wanted for some time, and I...

  6. The International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    2011-01-01

    recommendations and guidance documents. The legislative history and overview of the salient provisions of the binding and non-binding instruments will increase the understanding of the evolving legal framework governing nuclear security and counter-terrorism, thereby assisting States, intergovernmental organizations and other stakeholders in the implementation of their provisions at the national, regional and international level

  7. The International Legal Personality of the Individual

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical...... to transform during the second half of the twentieth century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows......, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights...

  8. Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

    The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

  9. INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

    Directory of Open Access Journals (Sweden)

    Yuniarti Yuniarti

    2014-09-01

    Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.

  10. Legal Considerations for International Collaborative Research Contract

    International Nuclear Information System (INIS)

    Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.

    2007-01-01

    Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section

  11. Crimean Referendum: International Legal Aspects

    Directory of Open Access Journals (Sweden)

    Michael Geistlinger

    2014-12-01

    Full Text Available The article examines the key aspects of the accession of the Republic of Crimea to the Russian Federation as the example of enforcement of the people’s right to self-determination, secured in UN Charter. International law basis of the accession, as well analysis of key reasons and consequences of this international precedent are under consideration.

  12. The foundations of the international legal order

    NARCIS (Netherlands)

    d' Aspremont, J.

    2009-01-01

    The multifaceted character of globalization constantly confuses our understanding of the theoretical foundations of the global legal order. One of the most common answers to the complexity of any such undertaking has been provided by international constitutionalists, who have advocated a conception

  13. medico-legal perspectives in history

    African Journals Online (AJOL)

    Various legal codes dealing with medical malpractice existed in Egypt, Mesopotamia, China, Islam, Greece, Rome, Persia and India. The first documented Code of Laws ever used by human civilisation in, for example, Mesopotamia is to be found from the Law Code of Hammurabi – a textual source of evidence concerning ...

  14. International Legal Realities of Migrant Labour Rights

    Directory of Open Access Journals (Sweden)

    Giovanni Di Lieto

    2015-11-01

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

  15. International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    Moore, G.M.

    2010-01-01

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

  16. International acceptance of irradiated food. Legal aspects

    International Nuclear Information System (INIS)

    1979-01-01

    The three international organizations competent in the field of irradiation processing for the preservation of food (FAO, WHO, IAEA), convened, at the end of 1977, an Advisory Group to revise and update the recommendations of a similar group which met in early 1972. The Advisory Group considered how national regulations could be harmonized so as to facilitate the international movement of irradiated food. This publication contains the Report of the Advisory Group, which summarizes the considerations of the Group on regulatory control over the irradiation plant and irradiation of foods, and on assurances for comparability of control (international labelling and documentation). Annexes 1 to 6 are included in order to complete the relevant information on the legal aspects of this subject. They include a Draft General Standard for Irradiated Foods, a Draft Code of Practice for the Operation of Radiation Facilities Used for the Treatment of Foods, Recommendations of a Consultation Group on the Legal Aspects of Food Irradiation, a Listing of the Legislation on Food Irradiation Adopted in Member States (1971-1976), and Model Regulations for the Control of and Trade in Irradiated Food

  17. Time, history and international law

    CERN Document Server

    Craven, Matthew; Vogiatzi, Maria

    2006-01-01

    This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or unders

  18. Senior Legal Counsel | IDRC - International Development Research ...

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

    Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

  19. The International Big History Association

    Science.gov (United States)

    Duffy, Michael; Duffy, D'Neil

    2013-01-01

    IBHA, the International Big History Association, was organized in 2010 and "promotes the unified, interdisciplinary study and teaching of history of the Cosmos, Earth, Life, and Humanity." This is the vision that Montessori embraced long before the discoveries of modern science fleshed out the story of the evolving universe. "Big…

  20. International legal positivism in a post-modern world

    NARCIS (Netherlands)

    Kammerhofer, J.; d' Aspremont, J.

    2014-01-01

    International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse

  1. Legal Coordinator | IDRC - International Development Research ...

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

    Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

  2. European New Legal Realism and International Law:

    DEFF Research Database (Denmark)

    Holtermann, Jakob v. H.; Madsen, Mikael Rask

    2015-01-01

    complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...

  3. IMPERATIVES OF THE INTERNATIONAL POLITICAL AND LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2016-08-01

    Full Text Available In this paper, we intend to discuss a topic of particular importance, given that it addresses the imperatives of international political and legal order, as they appear in the light of current international law. It is an issue of great complexity, of very wide current interest because the international law that establishes and maintains an international legal order is a real energetic factor of organization of international community life. So viewed, the rules of international nature respond to the current acute need of founding the relations in this field and of meeting the common needs of the members of international society. We considered that by comparison with the internal legal order reflecting the health inscribed in this order, the international legal order is influenced by the structuring and training of the mondial community. Therefore we shall insist on the principal model of organizing international life – the state – to be viewed and analyzed in a double perspective: as an internal sovereign authority and as an actor on the scene of international life. In both instances, the state provides the foundation of legal order (domestic or international for that law has always been the expression of the state wish.

  4. Legal Counsel | IDRC - International Development Research Centre

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

    The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on ... This involves providing strategic and tactical advice to, and working as an integral member of, IDRC negotiating teams on particular transactions towards:.

  5. The empirical turn in international legal scholarship

    Directory of Open Access Journals (Sweden)

    Gregory Shaffer

    2015-07-01

    Full Text Available This article presents and assesses a new wave of em- pirical research on international law. Recent scholar- ship has moved away from theoretical debates over whether international law “matters,” and focuses in- stead on exploring the conditions under which inter- national law is created and produces effects. As this empirical research program has matured, it has al- lowed for new, midlevel theorizing that we call “conditional international law theory”. 

  6. Legal aspects and international implications of food irradiation

    International Nuclear Information System (INIS)

    Gerard, Alain.

    1977-11-01

    This paper reports on the status of work on food irradiation at international level, namely the IAEA/FAO/WHO Vienna recommendations, the proposed EEC directive, and the Codex alimentarius draft standards. It then deals with the legal aspects of the subject, in particular the problems concerning definitions, controls and instructions, and finally reviews the regulations for international trade in irradiated foodstuffs. (NEA) [fr

  7. LEGAL AND THEORETICAL BASIS FOR INTERNATIONAL ...

    African Journals Online (AJOL)

    it may be functional to avert apparent helpless situations. This paper ... plicability and desirability of international intervention in Nigeria in response ... applicable laws within a nation, international law and institutions continue .... 8 The United Nations system initially was focused on the protection of individual rights however.

  8. The Legal-International Statute of Jerusalem

    Directory of Open Access Journals (Sweden)

    Alfonso J. Iglesias Velasco

    2000-01-01

    Full Text Available In the article, the author carries out a historical and juridical review of the main aspects of the controversy which the Jews and the Arabs confront regarding the sovereignty of the city of Jerusalem, considered sacred by their respective religions. In 1947, theUnited Nations General Assembly had designed a plan for the international and neutral administration of the city, but due to historical transformations and thanks to its victory in the Six Days War, Israel has had the exclusive administration of the city since 1967, with the intent to annex it to the Hebrew State, an issue which does not fail to spur a generalized rejection by the international community. In the framework of the Arab- Israeli peace process, the question of Jerusalem is still considered the most problematic and destabilizing issue in the agitated panorama of the Middle East.

  9. Legal aspects of radiation protection at the international level

    International Nuclear Information System (INIS)

    Papazian, J.

    1981-01-01

    A review is made of the respective activities of the various international organizations concerned with radiation protection at the legal level. These organizations are either non-governmental (I.C.R.P., I.C.R.U.) or governmental in which case they can act at the world (U.N., I.A.E.A., I.L.O., W.H.O.) or regional level (N.E.A., EURATOM, COMECOM). The legal impact of the recommendations or directives they issue is specified [fr

  10. Gender characteristics of legal conscience in internal affairs agencies staff

    Directory of Open Access Journals (Sweden)

    Kuznetsova O.V.

    2016-06-01

    Full Text Available This article presents the empirical research results of the level of legal conscience forming in law enforcement officials. The study of gender specifics of personnel is now becoming more and more relevant due to a constant increase in the number of women entering the Ministry of Internal Affairs service. The study involved 160 male and 120 female staff members. Analysis of the results revealed a general legal conscience trend typical for male and female employees which manifests in a high level of legal knowledge, adequate understanding of group relativity of moral and ethical norms, civic un-engagement and disinterest to leadership role. This trend reflects a certain viewpoint when human rights are considered to include only freedom, independence and personal self-assertion without responsibility and civic duties. It was found that female employees have higher level of legal conscience forming than male employees. This led to the conclusion of a high-availability of female employees to comply with legal regulations and requirements.

  11. Academics for International Criminal Justice: The Role of Legal Scholars in Creating and Sustaining a New Legal Field

    DEFF Research Database (Denmark)

    Christensen, Mikkel Jarle

    The article is a sociological investigation into the crucial role of legal academics in the professional mobilization that characterized the creation and development of international criminal justice. Analyzing the different stages in the evolution of international criminal law culminating...

  12. INTERNATIONAL LEGAL ASPECTS OF DEALING WITH THE CONTEMPORARY TERRORISM THREATS

    Directory of Open Access Journals (Sweden)

    Vesna Poposka

    2017-05-01

    Full Text Available Recent challenges in international security posed by two terrorist organizations, Al Qaeda and ISIS, have highlighted an urgent domestic and foreign policy challenge. Terrorism has been, for more than a decade, top headline in the world media, and the cost of terrorist activities is expressed in numerous human lives and enormous material damage. Yet to date, international organizations and governments have not been successful in the attempt to find a common definition or uniform approach. Up to now, the approaches towards terrorist activities differ from case to case. There is no single legal regime to deal with terrorist activities, and the legal regime is what gives the answer and the framework for the counter-terrorist activities of the security forces, in order to be able to deal with the threat. This paper will attempt to answer at least some of the dilemmas.

  13. South Africa and nuclear energy - national and international legal aspects

    International Nuclear Information System (INIS)

    Barrie, G.N.

    1987-01-01

    This article gives an exposition of the national and international legal aspects of what appears to be a technological triumph for South Africa. The nuclear policy, facilities, aims and capabilities of the country are described, as well as its nuclear energy program and development. When the Nuclear Energy Act 92 of 1982 was promulgated, a new internal legal dispensation commenced. The main objects of the act, powers and functions of the Atomic Energy Corporation of South Africa Ltd and the Council for Nuclear Safety are stated. South Africa's official viewpoint and attitude regarding the Nuclear Non-Proliferation Treaty, the advantages and obstades to South Africa's signature and ratification of the Treaty are discussed

  14. Diet History Questionnaire: International Applications

    Science.gov (United States)

    ARP staff adapted the Diet History Questionnaire (DHQ) for use by Canadian populations in collaboration with the Alberta Cancer Board. This questionnaire takes into account the different food fortification polices of the U.S. and Canada.

  15. International legal protection of environment in the system of fundamental generally recognized principles of international law

    International Nuclear Information System (INIS)

    Meherremov, A.A.

    2007-01-01

    The issue of international legal protection of environment in the system of fundamental, generally recognized principles of international law is analyzed in the article taking into consideration the different opinions in legal scientific researches and international practice. It is concluded that the protection of environment for the present and next generations - is a basic principle of international legal protection of environment. The meaning of this principleis that the countries will take all necessary measures for preservation and promotion of the quality of environment for the present and next generations, as well as rational management of natural resources. Adoption and national legal implementation of specific norms, in conformity with that basic principle, is a main factor in resolution of environmental problemsand ensuring environmental security

  16. Exploring the secret history of the legal service of the European Executives, 1952-1967

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...... to finally be able to affirm, reject or nuance Stein’s classic claim....

  17. The international legal position on transboundary shipments of radioactive waste

    International Nuclear Information System (INIS)

    Grimston, M.C.

    1997-01-01

    The recent decision not to grant planning permission for construction of a Rock Characterisation Facility near Sellafield has reopened the question of long-term radioactive waste disposal policy in the UK. One possible solution would be the construction and operation of a small number of international radioactive waste disposal facilities, taking waste from several countries. Such an approach would allow pooling of international expertise; would allow the choice of excellent sites from geological and demographical standpoints; and may be economically attractive depending on economies of scale. However, the approach would also increase the amount of waste transport, and may reduce the pressure on producers to reduce the volumes of waste arising. This paper traces the development of international legal attitudes to transboundary transport of radioactive and other hazardous waste. It concludes that as international law now stands it would be very difficult to establish a network of international waste disposal facilities, and therefore strategies which are developed will be nationally based. (Author)

  18. CONSIDERATION ON THE LEGAL REGIME APPLICABLE TO INTERNATIONAL TOURISM CONTRACTS

    Directory of Open Access Journals (Sweden)

    Serban-Alexandru STANESCU

    2017-07-01

    Full Text Available Upon conclusion of an international tourism contract, the contracting parties - one of which (the beneficiary acts as the consumer – are facing legal difficulties, which are addressed by this study from the perspective of the interference between the national law and the European Union law. Thus, one of the primary issues considered herein is that concerning the determination of the applicable law based on which the rights and obligations of the contracting parties are to be established. Secondly, this study examines the applicable procedural rules in the case where a Romanian court is requested to settle a dispute arising from an international tourism contract. Finally, the study deals with the hypothesis where a dispute arising from such a contract is settled by a foreign court, and in particular with the effects of the judgment given by the foreign court on the territory of Romania. The above mentioned issues are the grounds behind this research on the legal status of international tourism contracts, in addition to the fact that, despite the rich contractual practice in the field under consideration, the amount of specialized literature on this subject is rather limited.

  19. Safeguards and legal matters 1996. International Atomic Energy Agency publications

    International Nuclear Information System (INIS)

    1997-03-01

    This catalogue lists all currently valid sales publications of the International Atomic Energy Agency dealing with Safeguards and Legal Matters. Most publications are published in English. Proceedings of conferences, symposia and panels of experts may contain some papers in languages other than English (French, Russian or Spanish), but all of these papers have abstracts in English. It should be noted that prices of books are quoted in Austrian Schillings. The prices do not include local taxes and are subject to change without notice. All books in this catalogue are 16 x 24 cm, paper-bound, unless otherwise stated

  20. The legalization of corporate social responsibility: towards a new doctrine of international legal status in a global governance context

    NARCIS (Netherlands)

    Bijlmakers, Stephanie

    2017-01-01

    This thesis examines whether Corporate Social Responsibility (CSR) and the responsibilities of business enterprises for human rights have been legally defined in international, European law and national law. This analysis, in turn, generates novel insights and impetus for reconsidering the

  1. Liberal Internationalism: Theory, History, Practice

    Directory of Open Access Journals (Sweden)

    Oliver Stuenkel

    2014-01-01

    Full Text Available While liberalism keeps adapting to circumstances, its underlying dynamic is the same: Liberalism, Jahn, argues, is a political project that aims to establish individual freedom through private property and to protect and extend this freedom through government by consent - yet, it pursues this goal through the privatization and expropriation of common property and hence requires the production and reproduction of unequal power relations domestically and internationally. Liberalism is thus, in essence, made viable through power politics, with the mere difference that is uses liberal rhetoric as a fig leaf to conceal the ultimate goal: To provide a justification for American hegemony.

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

    Science.gov (United States)

    Gaggioli, Gloria

    2018-01-01

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

  3. Legal questions about negotiating a new international climate agreement

    International Nuclear Information System (INIS)

    Maljean-Dubois, Sandrine; Wemaere, Matthieu

    2015-01-01

    Although the last IPCC report emphasized the need for urgent action, international cooperation on the climate has stalled. The second phase (2013-2020) of the Kyoto Protocol has been merely symbolic. The Cancun agreement, which made the Copenhagen one operational, laid the basis for a more flexible system for the period up to 2020. Negotiations on the period after 2020, which started in Durban in 2011, should end with a new agreement in Paris in late 2015. This future agreement should apply to all, as stipulated in the Durban Platform. However the increasing symmetry of obligations between North and South has been achieved by significantly lowering the goals set by each country with regard to its economic situation and national priorities. What kind of agreement will come out of Paris? What legal form will it take?

  4. Safeguards and legal matters 1994. International Atomic Energy Agency Publications

    International Nuclear Information System (INIS)

    1995-01-01

    This catalogue lists all sales publications of the International Atomic Energy Agency dealing with Safeguards and Legal Matters issued during the period 1970-1994. Most publications are published in English, through some are also available in French, Russian and Spanish. Proceedings of conferences, symposia and panels of experts may contain some papers in languages other than English (French, Russian or Spanish), but all of these papers have abstracts in English. If publications are also available in other languages than English, this is noted as C for Chinese, F for French, R for Russian and S for Spanish by the relevant ISBN number. It should be noted that prices of books are quoted in Austrian Schillings. The prices do not include local taxes and are subject to change without notice. All books in this catalogue are 16 x 24 cm, paper-bound, unless otherwise stated

  5. Development Of International Non-Governmental Organizations And Legal Traditions Of Russia

    OpenAIRE

    Alexandra A. Dorskaya

    2015-01-01

    The article examines the role of international non-governmental organizations in the maintenance and creation of a positive attitude to national legal traditions. The basic stages of development of international non-governmental organizations. Analyzed their advantages and disadvantages. Considered as the legal traditions of the Russian society are reflected in the activities of legal entities and individuals - members of international non-governmental organizations.

  6. Development Of International Non-Governmental Organizations And Legal Traditions Of Russia

    Directory of Open Access Journals (Sweden)

    Alexandra A. Dorskaya

    2015-06-01

    Full Text Available The article examines the role of international non-governmental organizations in the maintenance and creation of a positive attitude to national legal traditions. The basic stages of development of international non-governmental organizations. Analyzed their advantages and disadvantages. Considered as the legal traditions of the Russian society are reflected in the activities of legal entities and individuals - members of international non-governmental organizations.

  7. A history of international climate change policy

    NARCIS (Netherlands)

    Gupta, J.

    2010-01-01

    This article presents an overview of the history of international climate change policy over the last 30 years, divided into five periods. It examines the pre-1990 period, the period leading up to the adoption of the Climate Change Convention, the period of the Kyoto Protocol until US withdrawal,

  8. Protection against Indirect Expropriation under National and International Legal Systems

    Directory of Open Access Journals (Sweden)

    Max Gutbrod

    2009-04-01

    Full Text Available

    In recent years, direct expropriation2 has rarely been seen.3 States which wish to import capital do not like to be associated with posing a permanent, non-calculable threat to foreign-owned property but prefer to present themselves as jurisdictions with very stable, reliable and orderly regulatory environments.4 Expropriation, however, has by no means vanished; its execution has just become more subtle.5 Ambiguously or generously worded laws are ‘interpreted’ in a way that suits certain groups in the government or are only enforced when it suits a particular interest; administrative discretion is influenced by factors unrelated to the matter at issue, or administrations fail to conduct their processes in a transparent and comprehensible way. All these measures, turned against a foreign investor, can easily drive him out of business. Virtually all bilateral investment treaties (BITs and multilateral investment agreements (MITs, therefore, reflect this development and also cover acts of State which may expropriate “indirectly through measures tantamount to expropriation or nationalisation”6 (indirect expropriation7. Moreover, many international investment agreements (IIAs not only provide rules on (indirect expropriation but also establish so-called treatment standards “which refer to the legal regime that applies to investments once they have been admitted by the host State.”8 Administrative malfeasance, misfeasance and nonfeasance may also affect the investment adversely without amounting to “indirect expropriation”, constituting a less intense interference with the property. Indeed, there are arbitral awards which, while not accepting a claim based on “indirect expropriation”, established a compensable violation of “treatment standards”, i.e. in

  9. International legal instruments promoting synergy's in nuclear safety, security and safeguards: myth of reality?

    International Nuclear Information System (INIS)

    Vasmant, A.

    2009-01-01

    The purpose of this article is to assess the existing synergies between nuclear safety, nuclear security and non-proliferation/safeguards resulting from the adoption of international legal instruments. Keeping in mind that a synergy is the extra success achieved by two or more elements of a system working together instead of on their own, this paper will try to evaluate the possibility of a so-called '3 S' approach to optimize the benefits so defined. to achieve this, Part 1 focuses on the history of the three regimes and their major features, while Part 2, 3 and 4 explore the various benefits of, limits to, synergies between the nuclear safety, nuclear security and safeguards regimes. Part 5 describes the potential '3 S' approach in international nuclear law. (N.C.)

  10. Timelines, borderlines and conflicts: the historical evolution of the legal divide between international and non-international armed conflicts

    NARCIS (Netherlands)

    Bartels, R.

    2009-01-01

    Calls have been made in recent years for the legal distinction between international and non-international armed conflicts to be removed. Also as of late, confusion regarding the applicable legal regime has been created by so-called transnational conflicts involving non-state entities. These

  11. Women, Football and History: International Perspectives

    OpenAIRE

    Williams, Jean; Hess, Rob

    2016-01-01

    Special edition of the International Journal of the History of Sport The papers in this collection, however, have their focus on developments related to women and football that occur outside the locus of established scholarship. In particular, the studies concentrate on the geographic locations of New Zealand, Australia and the USA, and, unique for such a collection, the papers cover four major football codes. The investigations are also not limited to women playing football, but female sp...

  12. Disarmament verification and its contribution to the theory of international control: A legal study

    International Nuclear Information System (INIS)

    Sayed Anwar Abou Ali.

    1991-01-01

    In this paper, the Deputy Director of the Department of International Organizations in the Ministry of Foreign Affairs, Egypt, discusses the legal aspects related to the international control for verification of disarmament

  13. The Development of the Interface between Law, Medicine and Psychiatry: Medico-Legal Perspectives in History

    Directory of Open Access Journals (Sweden)

    M Swanepoel

    2009-12-01

    Full Text Available Medicine and law were related from early times. This relation resulted as a necessity of protecting communities from the irresponsible acts of impostors. Various legal codes dealing with medical malpractice existed in Egypt, Mesopotamia, China, Islam, Greece, Rome, Persia and India. Over the course of the past 30 years, interest in the history of psychiatry has boomed. Much of this proliferation of interest has taken place under the broad influence of postmodernism and has resulted in multiple and diverse histories that no longer seek to provide a linear narrative of constant evolutionary progress. Rather, these new histories explore and disrupt taken for granted assumptions about the past and provide a starting point for discussion and debate about the some of the very foundations of mental health care in South Africa. As a matter of practical importance knowledge of how knowledge accrues and knowledge of the mistakes of the past is of prime importance in preventing similar mistakes in present and future work. An important reason for specifically understanding historical psychiatry is the fact that many of the uncertainties experienced in the present are a direct result of decisions made in the past. The key issue is that while it is tempting to experience current psychiatric and legal approaches towards the mentally disordered as natural and permanent, an understanding of the past helps mental health and legal practitioners to see things in a different perspective. Psychiatric and legal approaches towards the mentally disordered have changed over time and can undoubtedly also be changed in future. Therefore, the research conducted in this article focuses on the history and development of law and psychiatry including prehistoric times, the Arabian countries, the Nile Valley as well as Greece and Rome.

  14. International perspectives on the legal environment for selection

    NARCIS (Netherlands)

    Myors, B.; Lievens, F.; Schollaert, E.; van Hoye, G.; Cronshaw, S.F.; Mladinic, A.; Rodríguez, V.; Aguinis, H.; Steiner, D.D.; Rolland, F.; Schuler, H.; Frintrup, A.; Nikolaou, I.; Tomprou, M.; Subramony, S.; Raj, S.B.; Tzafrir, S.; Bamberger, P.; Bertolino, M.; Mariani, M.; Fraccaroli, F.; Sekiguchi, T.; Onyura, B.; Yang, H.; Anderson, N.; Evers, A.; Chernyshenko, O.; Englert, P.; Kriek, H.J.; Joubert, T.; Salgado, J.F.; König, C.J.; Thommen, L.A.; Chuang, A.; Sinangil, H.K.; Bayazit, M.; Cook, M.; Shen, W.; Sackett, P.R.

    2008-01-01

    Perspectives from 22 countries on aspects of the legal environment for selection are presented in this article. Issues addressed include (a) whether there are racial/ethnic/religious subgroups viewed as "disadvantaged," (b) whether research documents mean differences between groups on individual

  15. THE IMPORTANCE OF LEGAL ORGANISATION OF RAPIDLY GROWING COMPANIES FOR INTERNATIONAL BUSINESS COMPETITIVENESS

    Directory of Open Access Journals (Sweden)

    Riko Novak

    2014-09-01

    Full Text Available This article discusses the importance of a company’s legal form for the process of internationalisation using a sample of 1577 Slovenian companies. We refer to previous studies and on the basis of additional statistical data evaluate whether the choice of corporate legal structure influences a company’s ability to compete internationally. In the domestic market, most companies operate as limited liability companies; this is also the most frequent legal form in which companies enter foreign markets. We conclude that the form by itself does not influence the decision to go international.

  16. Member States and International Legal Responsibility : Developments of the Institutional Veil

    NARCIS (Netherlands)

    Brölmann, C.

    2015-01-01

    The ‘institutional veil’ of international organizations is the linchpin for legal analysis and appraisal of the role and interrelation of international organizations, member States and organs. Through this lens the article examines in semi-broad strokes the position of international organizations’

  17. What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries.

    Science.gov (United States)

    Mann, Heather; Garcia-Rada, Ximena; Hornuf, Lars; Tafurt, Juan

    2016-01-01

    The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e., dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family) and internal sanctions (feelings of guilt). Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

  18. What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries

    Directory of Open Access Journals (Sweden)

    Heather eMann

    2016-02-01

    Full Text Available The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e. dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family and internal sanctions (feelings of guilt. Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

  19. The legal status of the fetus: an international review.

    Science.gov (United States)

    Seymour, John

    2002-08-01

    The article examines the way that courts and legislatures in the United Kingdom, the United States of America, Canada and Australia have answered questions regarding the legal status of a fetus. These questions have arisen in a variety of legal situations: the article deals with succession, criminal, child protection and negligence law. The conclusion offered is that a fetus has a value and an existence that the law should recognise. This does not mean, however, that in all circumstances the law should protect the interests of the fetus. Law-makers will respond differently to claims made on behalf of a fetus, depending on the context. The fetus does not have a uniform value or character in the eyes of the law. The law makes choices as to the situations in which it will take account of actual or threatened antenatal harm.

  20. THE COURT OF JUSTICE OF THE EUROPEAN UNION AND INTERNATIONAL LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    TETYANA KOMAROVA

    2017-01-01

    Full Text Available The author discusses the relationship between two legal orders: international law and European Union (EU law. The main provisions of this relationship have been established through the precedential practice of the Court of Justice of the European Union – the EU’s main judicial body. This kind of research seems important because of the gap in the theory of international law caused by the immutable dogma of the supremacy of international law. However, modern legal practice demonstrates a certain fragmentation of the international legal order because of the impact of the existence and development of regional supranational legal orders. The EU legal order, with its own special nature (sui generis, is undoubtedly one of the most developed among them. The Court of Justice of the European Union performs a crucial role in the EU legal system concerning application and interpretation of EU law. It provides a uniform interpretation of this law for the purposes of development of supranational integration. In this context the Court of Justice the European Union establishes the status of European law and its relationship with the national legal systems and international law. The Court acts as protector of the EU legal order against the influence of other legal orders. The Court’s precedential practice reveals EU law’s tendency towards its constitutionalization and the development of its autonomy. The latest practice indicates the Court’s powers to review the EU institutions’ acts in relation to the implementation of UN Security Council resolutions. This proves the Court’s ability to establish indirect control even over UN acts.

  1. EARNINGS MANAGEMENT, AUDIT QUALITY AND LEGAL ENVIRONMENT: AN INTERNATIONAL COMPARISON

    Directory of Open Access Journals (Sweden)

    Mehmet Unsal Memis

    2012-01-01

    Full Text Available This paper investigates the relationship between earnings management-audit quality and earnings management-legal system quality by using 1507 firms’ observations from listed companies in private firms across different 8 emerging countries. Consistent with previous research, differentiation between Big 4 and non-Big 4 audit firms are used as a audit quality proxy and discretionary accruals are used to measure the earnings management. According to the results, only for Brazilian and Mexican companies, there is significant relationship between the discretionary accruals and audit quality. For the other countries there is not significant relationship. Furthermore efficiency of the legal system helps decrease earnings management incentives. Along with results, the big four auditors do not constrain the earnings management incentives in every emerging country but effective legal system does. In this analysis we used other earnings management related variables like the size of the firms, leverage, lagged ROA of the firms which have loss in the previous year and Tobin Q as control variables.

  2. The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?

    Directory of Open Access Journals (Sweden)

    Haik Nikogosian

    2016-12-01

    Full Text Available Public health instruments have been under constant development and renewal for decades. International legal instruments, with their binding character and strength, have a special place in this development. The start of the 21st century saw, in particular, the birth of the first World Health Organization (WHO-era health treaties – the WHO Framework Convention on Tobacco Control (WHO FCTC and its first Protocol. The authors analyze the potential impact of these instruments on global health governance and public health, beyond the traditional view of their impact on tobacco control. Overall, the very fact that globally binding treaties in modern-era health were feasible has accelerated the debate and expectations for an expanded role of international legal regimes in public health. The impact of treaties has also been notable in global health architecture as the novel instruments required novel institutions to govern their implementation. The legal power of the WHO FCTC has enabled rapid adoption of further instruments to promote its implementation, thus, enhancing the international instrumentarium for health, and it has also prompted stronger role for national legislation on health. Notably, the Convention has elevated several traditionally challenging public health features to the level of international legal obligations. It has also revealed how the legal power of the international health instrument can be utilized in safeguarding the interests of health in the face of competing agendas and legal disputes at both the domestic and international levels. Lastly, the legal power of health instruments is associated with their potential impact not only on health but also beyond; the recently adopted Protocol to Eliminate Illicit Trade in Tobacco Products may best exemplify this matter. The first treaty experiences of the 21st century may provide important lessons for the role of legal instruments in addressing the unfolding challenges in global

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

    International Nuclear Information System (INIS)

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

    2006-01-01

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

  4. Internal Audit and Internal Control Institutions as Legal Prevention Means of Vialations in the Sphere of Economic Financial Activities

    Directory of Open Access Journals (Sweden)

    Lvova I. G.

    2012-05-01

    Full Text Available The article deals with the issues of similarities and differences between the concepts of “internal control” and “internal audit”. The author analyzes the existing approaches in current legislation and current scientific literature, the approaches to the concepts of “internal control” and “internal audit” in respect to their goals, objectives and legal regulation at this stage

  5. The Role of History in International Business in Southern Europe

    OpenAIRE

    Buckley, 1949-, Peter J.; Fernández Pérez, 1964-, Paloma

    2016-01-01

    This article examines first of all two aspects of the increasing role of history in international business: history as a source of research methods and history as an underpinning for international business theory.  Second, the authors present key themes related to international business in Southern Europe in the last two centuries, as analyzed in the other articles of the special issue devoted to this theme in this special issue of the Journal of Evolutionary Studies in Business.

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

    International Nuclear Information System (INIS)

    Fanielle, Sylvain

    2016-01-01

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

  7. International double (non-)taxation : comparative guidelines from European legal principles

    OpenAIRE

    Vijver, Van de, Anne

    2015-01-01

    Abstract: The principle of fairness advocates against international double taxation and international double non-taxation. Countries and international organizations (OECD, G20 and EU) have taken several initiatives against such taxation. However, these initiatives are not always effective. Also, certain legal authors question the legitimacy of the OECD and its action plan on BEPS. The essential goal of this research is to find guidelines to address international double (non-) taxation. We fir...

  8. The Influence of the Concept of International Legal Personality on the Drafting of the PCIJ Statute

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2014-01-01

    In 1920, when the Advisory Committee of Jurists was appointed by the Council of the League of Nations to be responsible for the development of a Permanent Court of International Justice (PCIJ), it was conventional wisdom among scholars that only states could possess international legal personality...

  9. FOREIGN EXPERIENCE OF MANAGEMENT AND NORMATIVELY-LEGAL ADJUSTING BY INTERNATIONAL TRANSPORTATIONS

    Directory of Open Access Journals (Sweden)

    Nataliya Grigorievna Kuftinova

    2015-09-01

    Full Text Available In this article foreign experience of management is examined by international transportations and prospects of development of management information by bus transportations and transportations of loads. Normatively-legal adjusting, basic norms of domestic law as article of intergovernmental agreements on international transportations.

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

    NARCIS (Netherlands)

    Du, Haomiao

    2016-01-01

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

  11. On fragments and geometry : The international legal order as metaphor and how it matters

    NARCIS (Netherlands)

    Rajkovic, Nikolas

    This 9, 871 word article was published in a special issue sponsored by the Institute for Global Law and Policy of the Harvard Law School. It questions how international legal theory is consumed over whether international law is “fragmenting”, yet without ever questioning where the meaning and

  12. Combatting operational pollution from offshore petroleum activities: international legal regime

    International Nuclear Information System (INIS)

    Vinogradov, S.V.; Wagner, J.P.

    1997-01-01

    Existing global and regional rules and regulations, and regulatory trends, aimed at curbing pollution associated with the normal operation of offshore oil and gas installations are assessed. The designation 'operational pollution' is used to cover a variety of discharges including: oil produced in water; contaminated drill cuttings and muds; sewage; garbage; deck drainage; naturally occurring materials such as radionuclides, heavy metals and aromatics; atmospheric emissions, principally CO 2 , SO x , NO x , CH 4 and volatile organic compounds. The main focus of regulatory attention at present is platform drainage, offshore processing drainage, production water discharge, and displacement discharge. The legal framework considered extends to the appropriate global and regional treaties, ''soft law'' instruments and recommendations. (UK)

  13. Impunity for International Terrorists? Key Legal Questions and Practical Considerations

    Directory of Open Access Journals (Sweden)

    Christophe Paulussen

    2012-04-01

    Full Text Available This Research Paper discusses several of the key questions related to the subject of impunity of international terrorists, taking both a fundamental and a more practical approach within the context of international law. First, it reflects on a number of core definitional and theoretical questions which have been pushed into the background of day‐to‐day reality, by the actual fight against terrorism. For instance: what does the concept of impunity entail exactly and which kinds of standards could be used in measuring impunity? Is it clear what falls under the header of international terrorism and can it in fact be argued that international terrorists enjoy impunity? In practical terms, the paper explores a number of questions related to the actual prosecution of terrorism. What are the obstacles that national prosecutors face every day when prosecuting suspects of international terrorism? To what extent does a rule that prima facie seems ideal to fight terrorism (aut dedere aut judicare: either extradite or prosecute apply to terrorist offences? And what is the role of international criminal law – and the international criminal tribunals – in fighting terrorism? The Paper concludes with a series of recommendations.

  14. The legal framework for the institutionalisation of international ...

    African Journals Online (AJOL)

    Journal of Sustainable Development Law and Policy (The) ... for the institutionalisation of international commercial arbitration in Nigeria: a critical review ... Unquestionably, the administration of justice through our regular courts is usually ...

  15. The Role of International Law: Formulating International Legal Instruments and Creating International Institutions.

    Science.gov (United States)

    Szasz, Paul C.

    1991-01-01

    Using as a basis the threat of climatic change resulting from global warming, this article considers the functions that might be assigned to an international regime. For each function individually and collectively, the instruments and institutions that would be required for the various processes are examined. (SLD)

  16. [International legal aspects of responsibility of states and international organizations for the spread of epidemics, pandemics and mass disease].

    Science.gov (United States)

    Kholikov, I V; Sazonova, K L

    2015-08-01

    The present article deals with international legal issues that arise in case when various mass diseases go beyond any national jurisdiction. The emphasis is made on the problem of international responsibility, which different actors have to bear in such cases. The authors also examine the implementation of responsibility mechanism, including the indentication of the relevant international court, authorized to establish such liability and identify the specific forms of its realization.

  17. The modern Chinese family in light of economic and legal history.

    Science.gov (United States)

    Huang, Philip C C

    2011-01-01

    Most social science theory and the currently powerful Chinese ideology of modernizationism assume that, with modern development, family-based peasant farm production will disappear, to be replaced by individuated industrial workers and the three-generation family by the nuclear family. The actual record of China’s economic history, however, shows the powerful persistence of the small family farm, as well as of the three-generation family down to this day, even as China’s GDP becomes the second largest in the world. China’s legal system, similarly, encompasses a vast informal sphere, in which familial principles operate more than individualist ones. And, in between the informal-familial and the formal-individualist, there is an enormous intermediate sphere in which the two tendencies are engaged in a continual tug of war. The economic behavior of the Chinese family unit reveals great contrasts with what is assumed by conventional economics. It has a different attitude toward labor from that of both the individual worker and the capitalist firm. It also has a different structural composition, and a different attitude toward investment, children’s education, and marriage. Proper attention to how Chinese modernity differs socially, economically, and legally from the modern West points to the need for a different kind of social science; it also lends social–economic substance to claims for a modern Chinese culture different from the modern West’s.

  18. Truth and victims’ rights: Towards a legal epistemology of international criminal justice

    OpenAIRE

    Aguilera, Edgar R.

    2013-01-01

    The author advances the thesis that the now well established international crime victims' right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author's argument that this victims' right -if taken seriously- implies both the right that the international criminal justice system's normative structures or legal frameworks and practices feature a truth-promoting profile, or in other word...

  19. Bridging the Legitimacy Gap: A Proposal for the International Legal Recognition of INGOs

    DEFF Research Database (Denmark)

    Thrandardottir, Erla; Keating, Vincent Charles

    2018-01-01

    In this paper we argue that there is a gap between the de facto and de jure legitimacy of international non-governmental organizations (INGOs) that requires more consideration from scholars who study their role in the international system. The gradual acceptance of INGOs as de facto legitimate...... actors can be seen in the long-term expansion of their role in international norm deliberation. Despite this development, most INGOs still lack international legal recognition, and thus de jure legitimacy. We argue that this gap between de facto and de jure legitimacy creates problems for both INGOs...... and members of international society. In seeking to address this disjunction, we highlight the limits of the current literature in understanding legitimacy as primarily sociological phenomena through an examination of the accountability agenda. We then propose a template for INGO legal recognition based...

  20. International and European legal aspects on underground geological storage of CO2

    International Nuclear Information System (INIS)

    Wall, C.; Olvstam, M.-L.; Bernstone, C.

    2005-01-01

    The often disconnected international and European legal rules regarding carbon dioxide (CO 2 ) storage in geological formations create legal uncertainty and a slow down in investments. Existing rules for waste dumping, such as the OSPAR and London Conventions implies that CO 2 storage in sub seabed geological formations is not permitted for climate change mitigating purposes. This paper emphasized that even in cases when complete certainty about the exact application of a legal rule is not possible, it is necessary to know if an activity is lawful. It also emphasized that CO 2 storage should be a priority in the international agenda. The current gaps in knowledge concerning the relevant international and European legislation directly related to CO 2 storage were identified in this paper, including long-term liability for risk of damages caused during the injection phase of the well. The current relevant legislation that is not directly concerned with CO 2 storage but which might have an impact on future legislation was also discussed along with relevant legal principles that might influence future legislation. Some of the many ongoing projects concerning CO 2 storage were reviewed along with papers and reports on regulating CO 2 storage. It was concluded that if CO 2 capture and storage is going to be a large-scale concept for mitigating climate change, the legal issues and requirements need to be an area of priority. 16 refs

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

    Directory of Open Access Journals (Sweden)

    Samantha Watts

    2016-04-01

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

  2. The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?

    Science.gov (United States)

    Nikogosian, Haik; Kickbusch, Ilona

    2016-09-04

    Public health instruments have been under constant development and renewal for decades. International legal instruments, with their binding character and strength, have a special place in this development. The start of the 21st century saw, in particular, the birth of the first World Health Organization (WHO)-era health treaties - the WHO Framework Convention on Tobacco Control (WHO FCTC) and its first Protocol. The authors analyze the potential impact of these instruments on global health governance and public health, beyond the traditional view of their impact on tobacco control. Overall, the very fact that globally binding treaties in modern-era health were feasible has accelerated the debate and expectations for an expanded role of international legal regimes in public health. The impact of treaties has also been notable in global health architecture as the novel instruments required novel institutions to govern their implementation. The legal power of the WHO FCTC has enabled rapid adoption of further instruments to promote its implementation, thus, enhancing the international instrumentarium for health, and it has also prompted stronger role for national legislation on health. Notably, the Convention has elevated several traditionally challenging public health features to the level of international legal obligations. It has also revealed how the legal power of the international health instrument can be utilized in safeguarding the interests of health in the face of competing agendas and legal disputes at both the domestic and international levels. Lastly, the legal power of health instruments is associated with their potential impact not only on health but also beyond; the recently adopted Protocol to Eliminate Illicit Trade in Tobacco Products may best exemplify this matter. The first treaty experiences of the 21st century may provide important lessons for the role of legal instruments in addressing the unfolding challenges in global health. © 2016 The

  3. Helicopter internal noise control: Three case histories

    Science.gov (United States)

    Edwards, B. D.; Cox, C. R.

    1978-01-01

    Case histories are described in which measurable improvements in the cabin noise environments of the Bell 214B, 206B, and 222 were realized. These case histories trace the noise control efforts followed in each vehicle. Among the design approaches considered, the addition of a fluid pulsation damper in a hydraulic system and the installation of elastomeric engine mounts are highlighted. It is concluded that substantial weight savings result when the major interior noise sources are controlled by design, both in altering the noise producing mechanism and interrupting the sound transmission paths.

  4. Environmental justice and the rights of indigenous peoples: international and domestic legal perspectives

    National Research Council Canada - National Science Library

    Westra, Laura

    2008-01-01

    ... Peoples: Some Recent ATCA Jurisprudence First Nations of Canada and the Legal and Illegal Attacks on their Existence 71 103 125 PART III - JUSTIFYING GENOCIDE: PRINCIPLES AND REALITY 7 8 Genocide and Eco-crime: The Interface Aboriginal Rights in Domestic and International Law, and the Special Case of Arctic Peoples 163 187 PART...

  5. On Fragments and Geometry : The International Legal Order as Metaphor and How It Matters

    NARCIS (Netherlands)

    N.M. Rajkovic (Nikolas)

    2013-01-01

    markdownabstract__Abstract__ This article engages the narrative of fragmentation in international law by asserting that legal academics and professionals have failed to probe more deeply into ‘fragmentation’ as a concept and, more specifically, as a spatial metaphor. The contention here is that

  6. The Educational Rights of Students: International Perspectives on Demystifying the Legal Issues

    Science.gov (United States)

    Russo, Charles J., Ed.; Stewart, Douglas J., Ed.; De Groof, Jan, Ed.

    2006-01-01

    Education law has emerged as an important concern to educators in many countries around the world. While there are similarities in the range of rights that students in various countries have, there are also many differences. This book provides a comprehensive examination the status of the legal rights of students in 13 international communities.…

  7. International Legal and Political Considerations Concerning the Seabed Disposal of Nuclear Waste

    International Nuclear Information System (INIS)

    Eaker, L.H.

    1983-01-01

    From its beginnings in 1973, to the present time, the concept of disposing of high-level nuclear wastes within the seabed has attracted serious investigation by numerous scientists. The scientific work to date has led to the general conclusion that the burial of high-level nuclear waste within the deep-sea clays of the oceanic basins, in conjunction with a perfected multi-barrier containment concept, could prove technically and environmentally feasible. This article discusses the need for further consideration of the international legal and political implications arising from any proposed seabed disposal of high-level nuclear waste. Further consideration of the international legal issues necessarily involves the analysis of three general areas of international law, namely: the question of coverage under the 1972 London Ocean Dumping Convention; the application and effect of the provisions of the new United Nations Convention on the Law of the Sea; and the consideration of general principles of international law. (NEA) [fr

  8. The Role of History in International Business in Southern Europe

    Directory of Open Access Journals (Sweden)

    Peter J. Buckley

    2016-07-01

    Full Text Available This article examines first of all two aspects of the increasing role of history in international business: history as a source of research methods and history as an underpinning for international business theory.  Second, the authors present key themes related to international business in Southern Europe in the last two centuries, as analyzed in the other articles of the special issue devoted to this theme in this special issue of the Journal of Evolutionary Studies in Business.

  9. What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries

    OpenAIRE

    Mann, Heather; Garcia-Rada, Ximena; Hornuf, Lars; Tafurt, Juan

    2016-01-01

    The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e. dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family) and internal sanctions (feelings of guilt). Existing research suggests that both internal sanctions and, to a lesser extent...

  10. The international educational exchanges: history and modern value

    Directory of Open Access Journals (Sweden)

    L S Astafeva

    2009-09-01

    Full Text Available In article the history, a current state and prospects of development of the international educational exchanges is considered. Influence world processes of globalisation and internationalisation on educational processes of multinational high schools is shown.

  11. Under the (legal) radar screen: global health initiatives and international human rights obligations

    Science.gov (United States)

    2012-01-01

    Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on. PMID

  12. Under the (legal radar screen: global health initiatives and international human rights obligations

    Directory of Open Access Journals (Sweden)

    Hammonds Rachel

    2012-11-01

    Full Text Available Abstract Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers

  13. Under the (legal) radar screen: global health initiatives and international human rights obligations.

    Science.gov (United States)

    Hammonds, Rachel; Ooms, Gorik; Vandenhole, Wouter

    2012-11-15

    Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on.

  14. Internal combustion engines history - a review

    International Nuclear Information System (INIS)

    Gaviria Rios, Jorge Enrique; Mora Guzman, Jorge Hernan; Agudelo, John Ramiro

    2002-01-01

    In this article, a chronological analysis of the technologies and events that any way influenced in the evolution of the internal combustion engine is done everything it through the observation of the works carried out for scientific empiric and engineers whose technical and conceptual value meant the motivation of other people for the search of a better development in this engineering field

  15. In Situ Preservation of Underwater Cultural Heritage as an International Legal Principle

    Science.gov (United States)

    Aznar, Mariano J.

    2018-04-01

    In situ preservation is not necessarily the best underwater archaeological solution, nor is it legally required in all circumstances. Rather, it is the first and, perhaps, the most technically desirable option, when archaeological, legal, and political circumstances—in that order—so advise. Otherwise, the removal of the historical object or objects found under the sea and their conservation outside the marine environment is another plausible option, provided the archaeological standards accepted by the international scientific community are met. This paper aims to clarify the legal contours of this rule, as codified by the UNESCO Convention on the Protection of the Underwater Cultural Heritage. To this end, it proposes the following basic hypothesis: in situ preservation, as a current legal principle in underwater archaeological activities, is the first option for the protection of that heritage; because it is an option, this preservation may take a different form depending on the circumstances; nothing legally prevents the removal of remains from the seabed, provided it is done properly and they are appropriately preserved; and, finally, if necessary, this should be done as soon as possible, given the circumstances.

  16. Earth observation space programmes, SAFISY activities, strategies of international organisations, legal aspects. Volume 3

    International Nuclear Information System (INIS)

    1992-01-01

    This volume is separated in four sessions. First part is on earth observation space programmes (international earth observation projects and international collaboration, the ERS-1, SPOT and PRIRODA programmes, the first ESA earth observation polar platform and its payload, the future earth observation remote sensing techniques and concepts). The second part is on SAFISY activities (ISY programmes, education and applications, demonstrations and outreach projects). The third part is on programme and strategies of international organisations with respect to earth observation from space. The fourth part is on legal aspects of the use of satellite remote sensing data in Europe. (A.B.). refs., figs., tabs

  17. THE STATUS OF INTERNATIONAL AGREEMENTS CONCLUDED BY THE EUROPEAN UNION IN THE EU LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Agoston Mohay

    2017-12-01

    Full Text Available The European Union is a member of the international community and is a party to numerous international agreements. The status of these international agreements in the EU legal order however is not made expressly clear by the Treaties. The most pertinent question that arises is whether secondary EU law may be reviewed in the light of international agreements in annulment procedures or preliminary ruling procedures before the Court of Justice of the EU. In its jurisprudence the Court of Justice has tied the possibility of review to the question of the direct effect of international treaties, but there are some issues of consistency in this regard. This problem is a part of the broader question of the relationship of international law and EU law, including the question whether this relationship is more akin to a monist or a dualist approach.

  18. History of international symbol for ionizing radiation

    International Nuclear Information System (INIS)

    Franic, Z.

    1996-01-01

    The year 1996 marks the 50th anniversary of the radiation warning symbol as we currently know it. It was (except the colours used) doodled out at the University of California, Berkeley, sometime in 1946 by a small group of people. The key guy responsible was Nelson Garden, then the head of the Health Chemistry Group, at the Radiation Laboratory. The radiation warning symbol should not be confused with the civil defence symbol (circle divided into six equal sections, three of these being black and three yellow), designed to identify fallout shelters. The basic radiation symbol was eventually internationally standardized by ISO code: 361-1975 (E). Variations of this symbol are frequently used in logotypes radiation protection organizations or associations. Particularly nice are those of International Radiation Protection Association (IRPA) and Croatian Radiation Protection Association (CRPA) that combines traditional Croatian motives with high technology. However, apart from speculations, there is no definite answer why did the Berkeley people chose this particular symbol. Whatever the reason was, it was very good choice because the ionizing radiation symbol is simple, readily identifiable, i.e., not similar to other warning symbols, and discernible at a large distance. (author)

  19. International Education and Development: Histories, Parallels, Crossroads

    Directory of Open Access Journals (Sweden)

    Gilles Carbonnier

    2014-11-01

    Full Text Available Education has been a priority sector when considering foreign aid allocationsince the 1970s. The stated objective has been to ensure universal access to basic education, with a more recent emphasis on quality and outcomes. Aware that these goals will not be met universally, the major actors involved in the post-2015 debate are turning back to the concept of learning. In this chapter, we briefly review major scholarly work and strategic papers that have shaped the discourse and policies of international development organisations and national actors over the past four decades. We discuss how the central notions of skills, learning, and both formal and non-formal education have evolved in conjunction with ideological shifts. We examine the tensions between public and private education as well as between individualised and standardised delivery modes. We further look at (big data and online education promises. To conclude, we question the current focus of major stakeholders on post-2015, post-EFA agendas. As several articles in this special issue underscore, national policies and local practices are largely driven by persistent political economy dynamics while the influence of ‘the global agenda’ tends to remain confined to the international cooperation community itself.

  20. Legal Principles and Solutions to Combat Money Laundering in the International System

    OpenAIRE

    Majid Karimi

    2013-01-01

    This study focuse on combat money laundering legal principles and solutions to in the International System. As its clear Money laundering is the attempt to disguise the proceeds of illegal activity so that they appear to come from legitimate sources. Money is laundered through banking systems and credit institutions, non financial institutions and non financial economic activities. Combating money laundering phenomenon dates back to the 1980s. In 1989, Financial Action Task Force was set up t...

  1. VIETNAM IN 1948: AN INTERNATIONAL HISTORY PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Ang Cheng Guan

    2009-01-01

    Full Text Available This paper revisits the year 1948 in an effort to determine whether 1948 can be considered the starting point of the Cold War in Vietnam. Historical periodisation is a tricky affair, and it is often difficult to pinpoint the genesis of events. By reconstructing the political and military developments in 1948 from the indigenous perspective as well as from regional and international perspectives that directly impinged on Vietnam, I hope to ascertain whether Vietnam’s war of liberation was indeed transformed into a “Cold War” from 1948 onwards—in other words, whether it was in 1948 that the Vietnamese struggle assumed an ideological complexion that shifted from nationalist/anti-colonial sentiment to include communist/anti-capitalist sentiment as well. Before we embark on our consideration of the year 1948, it is useful to recount in broad brush-strokes some key developments in Vietnam leading up to 1948. In order to put the year 1948 in context, it is also necessary to consider in some detail two key developments in 1947.

  2. International legal problems of topical interest concerning the peaceful navigation of nuclear ships

    International Nuclear Information System (INIS)

    Bernhardt, R.; Rudolf, W.

    1975-01-01

    The lack of internationally accepted laws on the operation of nuclear ships has proved so far perhaps a more serious obstacle to further development than the problems of a technical-economic kind, although international law by no means that inadequate that it could not, at least basically, do justice to the peaceful navigation of nuclear ships. The unsatisfactory legal situation has been caused in the first place by the conduct of the majority of states which, out of fear of the risks of nuclear ships, also questioned those articles of international maritime law which had been undisputed up to then. This goes in particular for the SOLAS convention, the principles of the peaceful crossing of territorial waters and of calling at ports. On the other hand, it ought to be pointed out, too, that the states obviously do not assume that the operation of nuclear ships is using the sea inadmissably under international law. One could see this as a continuation of the strict Trail-Smelter-doctrine which forbids states to allow activities which might have harmful effects on other national territories. There is no doubt, that the uses of nuclear energy belong to these dangerous activites. At the same time, they are accepted under international law, provided that they are supervised legally and provided that appropriate liability arrangments under civil law are at hand. This is the starting point for over coming the legal difficulties in the peaceful navigation of nuclear ships: it is to be treated as a matter of urgency to elaborate and to put into force comprehensive international conventions for the licensing and supervision of nuclear ships and concerning liablilty under civil law of the operators of nuclear ships. The required freedom in the navigation of nuclaer ships can only be achieved by further reglementation under maritime law. (orig./LN) [de

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

    Science.gov (United States)

    Barrett, Damon

    2010-03-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-12-01

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

  5. International legal and political issues associated with the export/import of nuclear power plants

    International Nuclear Information System (INIS)

    Manning Muntzing, L.

    1978-01-01

    The benefits of nuclear power can be achieved by most nations only through international commerce that has been shaped by political considerations and implemented through legal instruments. The end product is a structure of legal agreements designed to implement the basic political and commercial decisions that are required for any nation to enter the nuclear power arena. The IAEA Statute, the Non-Proliferation Treaty and regional nuclear agreements have reflected the international political consensus concerning nuclear power. In recent years, however, events have occurred that in all probability will result in additional international arrangements. It is expected that the increase in terrorist activities will result in greater physical protection commitments, that concern for weapons proliferation will result in further definition of sanctions, and that such troublesome issues as double labelling of materials will be discussed by the international community. In areas such as bilateral agreements between nations, commercial arrangements and export licences, this is a period of rethinking, renegotiating, and readjusting. The result is a degree of uncertainty and lack of stability that could so jeopardize the potential for nuclear transfers that the nuclear energy option may not vest. While there always will be questions and issues, it is essential to settle some of the key problems without delay so that nuclear benefits can be realized. (author)

  6. The International Feast of the History. A Concrete Project for the Dissemination of History and Heritage

    Directory of Open Access Journals (Sweden)

    Filippo Galletti

    2017-12-01

    Full Text Available In this paper, I present a series of educational projects, new challenges and perspectives that the International Centre of methodology for teaching history and heritage (DiPaSt of the University of Bologna has undertaken in the last years regarding the teaching of history and heritage education. I would like to start by asking a question: can historical and cultural heritage act as a tool to compensate for the gaps, shortcomings, and the sense of loss, which afflict and define the society in which we live? In addition, this in turn leads us to another question: which tools and which methodologies can we use? Every time when a professor starts a new course of Medieval History or Methodologies of teaching history, most of the students tell him that they do not like history. Therefore, the professor usually spends half of the time of the course explaining why it is important to study and to teach history. Because history is not the merely textbook, or a sequence of dates, wars, battles. Nevertheless, history is us, we are history. For these reasons, fifteen years ago, a group of professors of the University of Bologna got together and created the “Feast of the history”. Nowadays, the Feast is widely recognized as one of the most important events in Europe.

  7. Hanoi and the American War: Two International Histories

    Directory of Open Access Journals (Sweden)

    Geoffrey C. Stewart

    2014-03-01

    Full Text Available Pierre Asselin, Hanoi’s Road to the Vietnam War, 1954-1965. Berkeley: University of California Press, 2013. 319 pp. $55 (cloth Lien-Hang T. Nguyen, Hanoi’s War: An International History of the War for Peace in Vietnam. Chapel Hill: The University of North Carolina Press, 2012. 444 pp. $34.95 (cloth.

  8. Legal provisions concerning the handling and disposal of radioactive waste in international and national law

    International Nuclear Information System (INIS)

    Bischof, W.

    1980-01-01

    The development and present state of legislation and regulation in the field of handling and disposal of radioactive waste is surveyed. On the basis of the comprehensive collection of all legal sources of atomic energy law, including the radiation protection law of the Institute of Public International Law of the Goettingen University (Germany, F.R.), the report will consider provisions of international organizations (IAEA, OECD-NEA, EURATOM-Basic Norms, ICRP), of international agreements (London, Barcelona, Paris, Helsinki Conventions; civil liability conventions) and of the national law of different countries (USA, UK, France, Germany, F.R. and D.R., Italy, Switzerland, Belgium, the Netherlands, Spain). The following subjects are considered: notion and definition of radioactive waste, license-system for handling, storage and disposal; exemptions; licensing of nuclear installations and waste disposal; obligation to deliver radioactive wastes; centralized interim and final storage installations; penalties. (H.K.)

  9. THE RIGHT TO FORM AND TO JOIN TRADE UNIONS AS DEFINED IN INTERNATIONAL LEGAL INSTRUMENTS

    Directory of Open Access Journals (Sweden)

    Andon Majhoshev

    2017-07-01

    Full Text Available The right of workers to form and to join trade unions is one of the most important international labour standards. This means that employees, no matter where they are employed (public or private sector, have the right to form their own organizations (unions. Apart from the employees, employers also have the right to form and join in employers’ associations. The right of employees and employers to organize is based on the following principles: voluntariness, autonomy and democracy. The general objective of the formation of unions and employers’ associations is to protect the rights and interests of members of the union and the employers’ association, as well as their promotion in an organized manner. The provision and guarantee of union and workers' rights are guaranteed by a number of international and regional legal instruments (conventions, recommendations, regulations, such as ILO, UN, Council of Europe and the European Union, which will be analysed further in this paper. The main objective arising from these documents is to improve the position of workers and their protection. Within the paper, we will also analyse the most important legal acts of the Republic of Macedonia concerning the right to join unions. By analysing the content of the national labour legislation, we will determine the extent to which the international labour law is being implemented. Moreover, the paper will analyse the basic principles underlying union organization and association.

  10. International collaboration in the history of science of Central Europe

    Directory of Open Access Journals (Sweden)

    Soňa ŠTRBÁŇOVÁ

    2015-12-01

    Full Text Available In the last ten years, approximately, we could witness an evolution in informal international collaboration focusing on shared and interconnected history of science in the Habsburg Monarchy and in Central Europe in general. This effort, which includes mainly historians of science from Austria, Czech Republic, Hungary and Poland, has already produced a number of important results and contributed to the thematization of some timeless topics of history of sciences such as, for instance, nationalization and internationalization of science. In the context of this cooperation, the seminar of Jan Surman, a historian of science of Polish descent, held at the Institute of Contemporary History of the Czech Academy of Sciences in Prague in May 2015, concentrated on the formation of national scientific terminologies. It also underlined the necessity and usefulness of international collaboration in achieving a deeper understanding of the “national” histories of science, which cannot be separated from the “international” history.

  11. The international legal regime governing the peaceful uses of nuclear energy

    International Nuclear Information System (INIS)

    Talaie, F.

    2004-01-01

    This paper studies the legal regime governing the peaceful uses of nuclear energy. It addresses the issue of the prevention of the use by states of the nuclear weapons (as the most destructive weapon of mass destruction) and their elimination as the main purpose for maintaining international peace and security.Then, the paper presents examples of peaceful applications of nuclear energy. It points out that the peaceful uses of nuclear materials and technology are not hampered by obligation of States not to divert these materials into nuclear weapons. In this context, the paper analyses the provisions of the main international and regional treaties related to the nuclear energy (especially the Treaty on Non-proliferation of Nuclear Weapons and the Regional Treaty of TLATELOLCO). It also examines the international mechanism for monitoring the peaceful uses of nuclear energy and in particular studies the role of the International Atomic Energy Agency in the prevention of the proliferation of nuclear weapons through the application of safeguards agreements and the additional protocol to these agreements. One special part of the paper is dedicated to Iran and the peaceful uses of nuclear energy. The paper concludes that the existing rules of international law do not prevent any State from using and applying nuclear energy and technology for peaceful uses. These rules only make such uses subject to a comprehensive verification mechanism through the International Atomic Energy Agency safeguards agreements and the additional protocol the these agreements

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

    International Nuclear Information System (INIS)

    Wetherall, Anthony C.

    2016-01-01

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

  13. International legal status of refugees in the territory of one party to armed conflict

    Directory of Open Access Journals (Sweden)

    Tesla Milan

    2017-01-01

    Full Text Available The international law of armed conflicts provides a legal protection to refugees if they find themselves in the territory of warring parties. Refugees are regarded as protected persons, particularly in international armed conflicts. Refugees are people forced to leave their country to find a shelter in a foreign country as a result of political events or the treat of prosecution. The legal status of refugees was regulated first by Convention relating to the Status of Refugees of 1951. The legal status of refugees in armed conflicts was regulated by Geneva Convention relating to Protection of Civilian Persons in Time of War of 1949 and by Protocol I of 1977. Both acts regulate the status of refugees who, at the moment of the beginning of hostile activities find themselves in the territory of one party to the conflict i.e., the occupied territory. So it is therefore about foreigners who have been granted a refugee status before the start of the conflict. According to the same Convention, party to the conflict, at which territory the refugees find themselves in, cannot consider them, neither treat them as foreigners nor hostile citizens, just because they belong to a hostile state. Protocol I, expended the protection of refugees in the way it is regulated, that the persons treated like refugees or stateless persons, before the start of hostilities, would be under the protection of provisions of IV Geneva Convention in all circumstances and without any adverse distinction. We should particularly emphasize the right of refugees, not to be driven out to the country where their lives or freedom could be endangered because of their belonging to a group or because of their political opinion.

  14. Labor rights as legal constitutional category – Kosovo in relation to international labor organization

    Directory of Open Access Journals (Sweden)

    Muhamet Vokrri

    2015-11-01

    Full Text Available The purpose of this study paper is the analyzing of the processes that followed the labor relations, its historical development respectively, since its first concrete efforts from the representatives of the workers (unions till the establishment of the International Labor Organization (1919. As it is known the labor law presents one of the fundamental rights of the human being, thus such rights (right to work, freedom of work are constitutional category and protected in whole legal systems of the present time. The efforts to install such positive spirit were not easy. Genuinely is known that bearers of progressive developments in this field (end of XIX century were organized groups of workers (unions, then initiatives from various statesmen and later to be materialized from the governments of present time followed by the addressing and protecting of these rights in international aspect. Practice has proved that creation, purpose and activity of International Labor Organization has provided its benefits in achieving the primary principles of work, such rights proclaimed by the majority of world states and embedded in their highest legal act (Constitution of the organization in question (ILO. We consider that bearers of government politics of Kosovo, responsible sectors of this field respectively, shall regard these rules set and implemented by this international body and at the same time make maximal efforts towards advancing the current legislation in this field as well as to utilize all necessary resources in order to achieve the vital goal which is the adherence in ILO. This would certainly have an impact on minimizing the occurrence of eventual discontent from the organized groups (Unions as well as other classes and naturally the progress and positive effects in this field would be visible and useful for the society.

  15. International Commission on Radiological Protection. History, policies, procedures

    International Nuclear Information System (INIS)

    Lindell, Bo; Dunster, H.J.; Valentin, Jack; )

    2000-01-01

    This report briefly reviews the history, mode of operation, concepts, and current policies of the International Commission on Radiological Protection (ICRP). It touches upon the objectives of the Commission's recommendations, the quantities used, the biological basis of the Commission's policy, the quantitative basis for its risk estimates, the structure of the system of protection, some problems of interpretation and application in that system, and the need for stability, consistency, and clarity in the Commission's recommendations. (author)

  16. Legal history of the revolt of Saint Titus in Fourteenth century Venetian Crete (1363-1366

    Directory of Open Access Journals (Sweden)

    Matteo Magnani

    2013-04-01

    Full Text Available The article examines all the different judicial aspects of the response which was given by the Republic of Venice to the serious revolution exploded in Crete in 1363. From the legal point of view, this response was structured on the procedures of exception (inquisitio ex officio, arbitrium, privilege and grace normally applied in late Middle Ages as effective means to preserve political authority. These procedures were used by Venice as flexible elements to create consent and to legitimate its power.

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

    OpenAIRE

    Chen, Zhu

    2010-01-01

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

  18. Democratizing LGBTQ History Online: Digitizing Public History in "U.S. Homophile Internationalism".

    Science.gov (United States)

    de Szegheo Lang, Tamara

    2017-01-01

    This article argues that the online archive and exhibit "U.S. Homophile Internationalism" effectively contributes to the democratizing effects that digital archives and online initiatives are having on the practice of history. "U.S. Homophile Internationalism" is an online archive of over 800 digitized articles, letters, advertisements, and other materials from the U.S. homophile press that reference six non-U.S. regions of the world. It also provides visitors with introductory regional essays, annotated bibliographies, and an interactive map feature. This essay weaves "U.S. Homophile Internationalism" into the debates in community-run LGBTQ archives regarding the digitization of archival materials and the possibilities presented by digital public history. In doing so, it outlines the structure and content of "U.S. Homophile Internationalism," highlighting how it increases the public accessibility of primary sources, encourages historical research on regions of the world that have not been adequately represented in LGBTQ history writing, and creates interactive components to support public engagements with the Web site.

  19. EU international family law: Legal basis, sources, case law of ECJ

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2012-01-01

    Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

  20. U.S. financing for international independent power production projects: Legal and business issues

    International Nuclear Information System (INIS)

    Buehler, J.E. Jr.

    1990-01-01

    Fundamental changes are occurring in the capital and project development markets both domestically and internationally. In the United States, the capital market has undergone dramatic changes recently, characterized by clubbed debt structures, uncertain pricing spreads, and declining leverage ratios. In response, project sponsors and their investment bankers have created innovative debt and equity structures to attract investors while at the same time minimizing project risk and preserving the flexibility for the project to operate optimally. The structure of a project financing, either U.S. or international, will vary depending on (1) the differing project management/control concerns, financial goals and risk profiles of the developer, equipment and fuel suppliers, bank lenders and equity sources, (2) regulatory issues, such as compliance with the Public Utility Holding Company Act (PUHCA) in the U.S. and similar national utility legislation in the host foreign country, and (3) the tax implications of a given structure to the project owner, lender, and equity supplier. In response to these investor-specific goals and/or constraints, various forms of project structures have been developed. The focus of this paper is on legal and business issues which arise in international project finance, using U.S.project finance as a model that expresses the risk profile that U.S. financial institutions are accustomed to and overlaying the unique risks that are added to project financing which are international in nature

  1. The Use of Force in Modern Counter-Terrorism: International Legal and Political Aspects

    Directory of Open Access Journals (Sweden)

    Elizaveta Sergeevna Gromoglasova

    2016-12-01

    Full Text Available The paper reviews the recent practice of the use of military force in extraterritorial counter-terrorist operations. It argues that nowadays we're witnessing a new stage in the 'war on terror' that's still going on. Although the most of the modern counter-terrorist operations like, for example, the US-led coalition against ISIL in Iraq are being conducted at the request of the affected government, the major risks of expanding and misuse of the right on individual or collective self-defense enshrined in the UN Charter are still present. This can be illustrated by reference to the US air strikes on ISIL in Syria that have been undertaken without consent of Syrian government. But the challenges emerging from 'failed states' and rise of new more radical and militant terrorist movements (ISIL, Ash-Shabaab, Boko Haram and others change the perceptions of legality of extraterritorial counter-terrorist force. The approach which reaffirms responsibility of the state for suppressing terrorist groups operating from within its territory seems to become more and more acceptable. Accordingly, if the state can't suppress terrorist activity it should accept the counter-terrorist intervention on its territory. Nevertheless, jus in bello norms (first of all international humanitarian law remain stringent legal framework for actual use of counter-terrorist military force. The paper concludes that overall political legitimacy of the modern military counter-terrorist operations should be accessed in terms of their humanitarian impact and consequences.

  2. The remote monitoring systems LOVER and RECOVER for international safeguards technical, economic and legal aspects

    International Nuclear Information System (INIS)

    Lauppe, W.D.; Stein, G.; Rezniczek, A.; Stienen, U.

    1983-12-01

    The electronic remote monitoring systems RECOVER and LOVER were developed to comply with the IAEA's tasks concerning international nuclear materials safeguards with the aim of reducing the inspection expenditure and enhancing control effectiveness. The present study on the technical, economic and legal aspects of an application of these systems is intended to show possible implications and provide argumentation aids for discussions on the application of these systems. RECOVER and LOVER offer the possibility of establishing a direct communication path between containment and surveillance system (c/s), instruments at the site of application and a central monitoring station. The demonstration versions of both systems have shown that remote interrogation of data under safeguards-specific boundary conditions (e.g. requirement of tamper safety) will be technically feasible. (orig./HP)

  3. Clinical peer review in the United States: history, legal development and subsequent abuse.

    Science.gov (United States)

    Vyas, Dinesh; Hozain, Ahmed E

    2014-06-07

    The Joint Commission on Accreditation requires hospitals to conduct peer review to retain accreditation. Despite the intended purpose of improving quality medical care, the peer review process has suffered several setbacks throughout its tenure. In the 1980s, abuse of peer review for personal economic interest led to a highly publicized multimillion-dollar verdict by the United States Supreme Court against the perpetrating physicians and hospital. The verdict led to decreased physician participation for fear of possible litigation. Believing that peer review was critical to quality medical care, Congress subsequently enacted the Health Care Quality Improvement Act (HCQIA) granting comprehensive legal immunity for peer reviewers to increase participation. While serving its intended goal, HCQIA has also granted peer reviewers significant immunity likely emboldening abuses resulting in Sham Peer Reviews. While legal reform of HCQIA is necessary to reduce sham peer reviews, further measures including the need for standardization of the peer review process alongside external organizational monitoring are critical to improving peer review and reducing the prevalence of sham peer reviews.

  4. 'The biggest legal battle in UK casino history': Processes and politics of 'cheating' in sociotechnical networks.

    Science.gov (United States)

    Johnson, Mark R

    2018-04-01

    Previous literature on cheating has focused on defining the concept, assigning responsibility to individual players, collaborative social processes or technical faults in a game's rules. By contrast, this paper applies an actor-network perspective to understanding 'cheating' in games, and explores how the concept is rhetorically effective in sociotechnical controversies. The article identifies human and nonhuman actors whose interests and properties were translated in a case study of 'edge sorting' - identifying minor but crucial differences in tessellated patterns on the backs of playing cards, and using these to estimate their values. In the ensuing legal controversy, the defending actors - casinos - retranslated the interests of actors to position edge sorting as cheating. This allowed the casinos to emerge victorious in a legal battle over almost twenty million dollars. Analyzing this dispute shows that cheating is both sociotechnically complex as an act and an extremely powerful rhetorical tool for actors seeking to prevent changes to previously-established networks. Science and Technology Studies (STS) offers a rich toolkit for examining cheating, but in addition the cheating discourse may be valuable to STS, enlarging our repertoire of actor strategies relevant to sociotechnical disputes.

  5. 6th International Conference on the History of General Relativity

    CERN Document Server

    Eisenstaedt, Jean; The Universe of General Relativity; GR 6

    2005-01-01

    This volume from the Einstein Studies Series is based largely on papers presented at the Sixth International Conference on the History of General Relativity, held in Amsterdam on June 26-29, 2002. These contributions from notable experts offer both new and historical insights on gravitation, general relativity, cosmology, unified field theory, and the history of science. Topics discussed include the prehistory of special relativity, early attempts at a relativistic theory of gravitation, the beginnings of general relativity, the problem of motion in the context of relativity, conservation laws, the axiomatization of relativity, classical and contemporary cosmology, gravitation and electromagnetism, quantum gravity, and relativity as seen through the eyes of the public and renowned relativists. Contributors: K. Brading; G. Gale; H.F.M. Goenner; J. Goldberg; S. Katzir; D. Kennefick; H. Kragh; C. Lehner; U. Majer; J. Mattingly; E.T. Newman; J.D. Norton; J. Renn; R. Rynasiewicz; J.M. Sánchez-Ron; T. Sauer; C. Sm...

  6. Corporations and the Uses of Law: International Investment Arbitration as a “Multilateral Legal Order

    Directory of Open Access Journals (Sweden)

    Peter Muchlinski

    2011-05-01

    Full Text Available This paper seeks to examine the claim, made by certain legal scholars, that international investment law, though based mainly on Bilateral Investment Treaties (BITs is in fact a multilateral order that introduces principles of an emergent “global administrative law” into the regulation of state conduct in relation to foreign investors and their investments. Such scholars argue that this order develops through the decisions of investor-State arbitral tribunals which are creating a harmonised understanding of the meaning of BIT provisions and an institutional system of adjudication that furthers the development of global administrative principles. Through a critical examination of this approach the paper argues that this field is not a multilateral order but an unstructured process of privatised legal entrepreneurship which seeks to further a professional interest in developing an extensive, investor friendly, regime of BITs. Furthermore, that process fails as a means of providing effective or legitimate legal review of administrative action.  The argument is made both on a theoretical level and by a review of a specific issue in international investment law, namely, the development of  wider types of claims and the rise of so-called “treaty shopping” by means of corporate group structuring.  In particular the multi-jurisdictional location of various affiliates in a multinational enterprise creates a network of potential claimants in investor state disputes, giving rise to the risk of multiple claims, while the possibility of setting up affiliates in various jurisdictions creates opportunities for “treaty shopping”. “Treaty shopping” involves the enterprise locating an affiliate in a jurisdiction that has signed an investment protection treaty with the host country, allowing various affiliates and/or the parent in a group enterprise to benefit from treaty protection even though they possess the nationality of a state that has no

  7. THE MANIFESTATION OF THE EUROPEAN CENTRAL BANK’S LEGAL PERSONALITY AT NATIONAL, EUROPEAN AND INTERNATIONAL LEVEL

    Directory of Open Access Journals (Sweden)

    MONICA ŞAGUNA

    2012-05-01

    Full Text Available The European Central Bank is one of the world’ s most important central banks, responsible for the monetary policy covering the 17 member States of the Eurozone. Established by the European Union in 1998, it was given the exclusive right to authorize the issue of banknotes within the European Union. The European Central Bank has legal personality under public international law. As article 282, paragraph 3 of the Treaty on functioning of the European Union and article 9, paragraph 1 of the Statute of the European System of Central Banks and of the European Central Bank states, the European Central Bank and the National Central Banks enjoy their own legal personality. The European Central Bank, given its important role in the economic integration, is the single institution of the European Union which has legal personality. This is a premise for it to fulfill its objectives. In this framework, the purpose of my paper is to analyze the effects of the European Central Bank’s legal personality from a complete perspective: at national, European and international level. Therefore the objectives of my study are: an introspection in the concept of legal personality, the identification of the reason why it was entrusted to a single institution of the European Union and a detailed analyze of the effects of the European Central Bank’ s legal personality.

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

    Science.gov (United States)

    Adrian, Manuella

    2015-01-01

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

  9. Nurses without borders: the history of nursing as U.S. international history.

    Science.gov (United States)

    Irwin, Julia F

    2011-01-01

    During World War I and its aftermath, thousands of U.S. nurses put their domestic careers on hold to work overseas. Many volunteered in the wake of war and disaster. Others worked as instructors in nursing schools and as the staff of fledgling public health agencies. This article charts the international travels of four especially mobile nurses, whose globetrotting careers took them to Europe, Asia, and the Caribbean. These women aspired to tackle world health issues, motivated by the conviction that the spread of U.S. professional nursing ideas stood to modernize the world. This article tells these nurses' stories and analyzes their ideologies of development and progress. In so doing, it demonstrates that professional women, working outside state channels, played a principal role in expanding U.S. influence in the world. Moreover, it makes the case for the centrality of nursing history to the history of U.S. foreign relations.

  10. Legal provisions concerning the handling and disposal of radioactive waste in international and national law

    International Nuclear Information System (INIS)

    Bischof, W.

    1980-01-01

    A short survey is given on the situation of international legislation concerning radioactive waste handling and disposal. There are special rules on the disposal of nuclear waste in a number of conventions (Geneva 1958, London 1972, Helsinki 1974, Paris 1974, Barcellone 1976) on the protection of the marine environment and of the high sea against pollutions. In 1974 and 1978, the International Atomic Energy Agency made further recommendations concerning radioactive wastes referred to in the London Convention. In 1977, the Organisation for Economic Cooperation and Development also set up within its Nuclear Energy Agency (NEA) a multilateral consultation and surveillance mechanism for the sea-dumping of radioactive waste. The NEA has since published recommendations on the sea-dumping of radioactive waste. In 1975, it was agreed to abide by the Antarctic Treaty of 1959 not to dispose any nuclear waste on the Antarctic Region. There is at present no absolute prohibition of radioactive waste disposal in outer space but the Member States of the United Nations are responsible for such activities. As regards national legislation, the legal provisions for 13 different countries on radioactive waste disposal are listed. (UK)

  11. Protection of crime victims by legal means: International and European law and policy

    Directory of Open Access Journals (Sweden)

    Groenhuijsen Marc

    2015-01-01

    Full Text Available The article addresses the development of international and European policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described on a regional level in Europe. In 2001, the European Union adopted a Framework Decision (a legally binding instrument on minimum rights for crime victims in the criminal justice system. This document brought some improvement to victims and their position compared to the UN Declaration, particularly in terms of limit repeated questioning, advanced informational rights, reimbursement of expenses and construction of court facilities. Nevertheless, evaluations undertaken in 2004 and 2009 have proved that none of the Member States fully complied with its content. This document was replaced with the new one - the EU Directive on establishing minimum standards on the rights, support and protection of victims of crime. It is stronger instrument than the Framework Decision and it includes more demanding standards. But, its implementation needs to be monitored. Therefore, in the presentation it is argued that a lack of compliance is usually followed by the adoption of an even stronger legal instrument, containing even more ambitious rights for victims of crime. It is questioned whether this is the most productive approach. It is doubted that “hard law” is always more effective than “soft law”. The most recent generation of more elevated rights run the risk of leading to “victim fatigue” on the part of the officials responsible for the operation of the criminal justice system.

  12. REDDuced: From sustainability to legality to units of carbon—The search for common interests in international forest governance

    International Nuclear Information System (INIS)

    McDermott, Constance L.

    2014-01-01

    Highlights: ► Global forest governance has narrowed in focus from sustainability to carbon. ► Translating forests into carbon units creates an appearance of global transparency. ► Controversial environmental and social concerns have been reframed as “safeguards”. ► Resulting in a proliferation of safeguarding initiatives and new complexities. ► Hence flows of information increase but fail to facilitate global coordination. -- Abstract: This paper examines the institutional history of international forest governance, from the emergence of global intergovernmental forestry forums, to non-state market-based certification schemes, to regional illegal logging initiatives, to Reducing Emissions from Deforestation and Degradation and forest enhancement (REDD+) under the UNFCCC. It observes how the early initiatives were criticised for their failure to achieve coordinated and widespread action on forest conservation due to a lack of economic incentives and conflict over environmental and social priorities. This failure has been proceeded by a narrowing of core focus across each successive institution—from sustainability to legality to units of carbon—thereby transforming forest conservation into an increasingly legible and tradable commodity. Indeed, a wide range of environmental, economic and social actors appear to share the goal of making forest management more globally legible. This narrowing of focus, however, has served to displace rather than resolve a large array of environmental and social conflicts. The issues have been displaced across both space and time, generating a growing plethora of institutions involved in defining REDD+ modalities and “safeguards”, including various UN bodies and programmes, international development banks, private certification schemes and national and subnational governments. Meanwhile there is little evidence of whether, where and how these efforts might affect forest change. In fact, the largest impact of REDD

  13. Adopting New International Health Instruments - What Can We Learn From the FCTC? Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

    Science.gov (United States)

    Hesselman, Marlies; Toebes, Brigit

    2017-07-15

    This Commentary forms a response to Nikogosian's and Kickbusch's forward-looking perspective about the legal strength of international health instruments. Building on their arguments, in this commentary we consider what we can learn from the Framework Convention on Tobacco Control (FCTC) for the adoption of new legal international health instruments. © 2018 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  14. Law in Translation: Challenges and Opportunities in Teaching International Students in Business Law and Legal Environment Courses

    Science.gov (United States)

    Dove, Laura R.; Bryant, Natalie P.

    2016-01-01

    The purpose of this article is to outline the unique challenges faced by international students enrolled in business law or legal environment of business courses. It is also imperative to recognize the numerous opportunities that instructors can create in business law classrooms that will enhance the experience of all students given the…

  15. Criminal Prosecution of International Crimes and Principle of Legality (Pregon mednarodnih hudodelstev in načelo zakonitosti

    Directory of Open Access Journals (Sweden)

    Sabina Zgaga

    2017-12-01

    Full Text Available The majority of criminal prosecutions of core crimes’ perpetrators in the last 60 years was performed post factum, since the rules of criminal prosecution were drafted after the commission of international crimes. The paper discusses the dilemmas, which arise from the principle of legality due to the post factum nature of criminal prosecution. First, the elements of principle of legality are presented, of which those are emphasised that could be controversial in case of international crimes prosecution. Afterwards, the paper discusses the answers provided by international criminal law, especially the case law of the International Criminal Tribunal for the former Yugoslavia and by the European Court of Human Rights. The paper concludes by analysis of Slovenian view on dillemas of principle of legality and compares Slovenian positions with the ones of the European Court of Human Rights. The thesis that Slovenian Constitution includes a stricter regulation of principle of legality than the European Court of Human Rights’ system is thereby confirmed.

  16. International Festival of Student Films as the Innovative Means of Legal Education and Multimedia Training of Future Lawyers

    Science.gov (United States)

    Garmaev, Yury Petrovich; Chumakova, Lydia Petrovna

    2016-01-01

    The main purpose of the article is to ensure further modernization of the educational activities in law universities based on the use of multimedia technologies as well as development of tools for legal education through implementation of the project of international student film festivals. The methodology is based on the concept and methods of…

  17. The role of victims at the International Criminal Court : legal challenges from the tension between restorative and retributive justice

    NARCIS (Netherlands)

    Zago, G.

    2014-01-01

    The work of the International Criminal Court is characterized by a diversity of legal goals: indeed, its purpose is not limited to the fulfillment of a classic retributive scope, by punishing the accused for the commission of crimes within the Court's jurisdiction, but it also intends to achieve a

  18. International countertrade arrangements and their legal structure: Double edge sword or future of the modern trade

    Directory of Open Access Journals (Sweden)

    Milenković-Kerković Tamara

    2011-01-01

    Full Text Available The experiences and the practice of many countries show that countertrade could be used as the significant method for incensement of the export as well as for the promotion of the foreign investments even in the period of deep financial crises. Contemporary governments' pro-active countertrade orientation in USA, Israel, Sweden, Norway, Japan and other developed countries highlights the inadequacy of the obsolete and stereotypical concept of the countertrade as the compensation transaction based on the 'trade without money' concept. Besides this, the practices proved that countertrade transactions are the consequence and the indicator of economic shocks. Therefore, the study of the special legal issues that may arise in countertrade transactions will be very important not only for the domestic legal doctrine but also for the commercial practice. As national laws do not contain provisions specific for countertrade, it is of particular importance to analyze legal question such as structuring and drafting of countertrade arrangements as well as to study the question of the legal nature of the contractual link between legal instruments which form multicontractual mechanism of countertrade transactions. The character of the legal connection among the legal instruments in countertrade arrangement, as well as the legal nature of the countertrade commitment, strongly influence the countertrade agreement's legal nature. The economic reality of a group of contracts joined by the common goal of the transaction (consideration and the countertrade commitment has to be followed by the legal reality which will recognize the legal interdependence of the obligation deriving from the legally independent countertrade arrangement.

  19. Legality in multiple legal orders

    NARCIS (Netherlands)

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

    2010-01-01

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

  20. A Comparative Study of Legal Terminologies in French and Romanian. The Translation of International Contract Law Terminologies

    Directory of Open Access Journals (Sweden)

    Adriana SFERLE

    2012-01-01

    Full Text Available Our article is a comparative study investigating the main aspects of legal terminology in French and Romanian. In this context, the analysis aims at translating French - Romanian, Romanian - French, terminologies of international commercial contracts. With this study we intend to improve the knowledge of legal terminology in Romanian. Romania has been faced lately, particularly since January 1st 2007, when it joined the European Union, with a real need for terminological studies, for dictionaries and data bases in all fields relating to translation and interpreting.

  1. Opacity of financial information, adoption of international standards and legal origins

    Directory of Open Access Journals (Sweden)

    Renata Turola Takamatsu

    2017-10-01

    Full Text Available Purpose – The goal of this study was to investigate the relationship between the level of Earnings Opacity and a company’s informational environment, specifically considering accounting standards and the legal origins of the system. Design/methodology/approach – The sample consisted of publicly traded companies from 20 countries classified as emerging, based on agency Standard & Poor’s index. The sample included data from 2004 to 2013. In order to compare the indicators among the group of countries, taking into account their institutional characteristics, the Mann-Whitney test and the Kruskal-Wallis test were performed. Findings – The assessment of the informational environment measures’ behavior in emerging countries revealed that these measures were correlated, suggesting that, despite different behaviors, opacity proxies share information. The fact that earnings opacity was lower in countries that had already adopted international standards during the analyzed period was also observed. In the same sense, a higher level of income smoothing was detected in countries of French code law origins. Originality/value – This article contributes to the understanding of the relationship between the characteristics of an accounting informational environment and the levels of opacity of the information emitted by accounting. Thus, this article has helped managers, investors and regulators to understand users’ needs and how country-specific characteristics change their perspectives.

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

    Science.gov (United States)

    Latifah, E.; Imanullah, M. N.

    2018-03-01

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

  3. Corruption as a 'white-collar crime': International legal instruments on public accountability of public officials

    Directory of Open Access Journals (Sweden)

    Dokmanović Mirjana

    2009-01-01

    Full Text Available Corruption within public services has devastated negative impact on a state, a society, its economy and its citizens. It represents a major threat to the rule of law, democracy, enjoyment of human rights, fairness and social justice. It hinders economic development and endangeres sustainable development, empowerishes national economies, and facilitates the emergence of other threats, such as organized crime. Fighting corruption has become more urgent than ever. This paper deals with the public liability of domestic public officials, highlighting the substantive main international standards for fighting corruption in public services in the international legal instruments adopted by the United Nations and the Council of Europe, such as the United Nations Conventions against Corruption, and the two Convention of Council of Europe, on Civil Law and on Criminal Law. The paper argues that corruption can be prosecuted after the fact, but first and foremost it requires prevention. Preventive policies include the establishment of anti-corruption bodies and enhanced transparency in the financing of election campaigns and political parties. States must endeavour to ensure that their public services are subject to safeguards that promote efficiency, transparency and recruitment based on merit. Once recruited, public servants should be subject to codes of conduct, requirements for financial and other disclosures, and appropriate disciplinary measures. Transparency and accountability in matters of public finance must also be promoted, and specific requirements are established for the prevention of corruption in particularly critical areas of the public sector such as the judiciary and public procurement. Those who use public services must expect a high standard of conduct from their public servants. Preventing public corruption also requires an effort from all members of society at large.

  4. The Lincoln Legal Papers Curriculum: Understanding Illinois Social History through Documents from the Law Practice of Abraham Lincoln, 1836-1861.

    Science.gov (United States)

    McBride, Lawrence W., Ed.; Drake, Frederick D., Ed.

    This curriculum considers the social history of Illinois during the years of 1836-1861 by studying Abraham Lincoln's legal papers from his time as a lawyer. Nearly 100,000 documents have been discovered in the archives of local, county, state, federal courts, libraries, and other repositories. The documents include detailed information about the…

  5. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    Energy Technology Data Exchange (ETDEWEB)

    Schwarze, J

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present.

  6. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW) [de

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

    Science.gov (United States)

    Pasechnyk, Olena V; Hendel, Nataliia V

    2018-01-01

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

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

    International Nuclear Information System (INIS)

    2004-01-01

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

  9. You're it! How to psychologically survive an internal investigation, disciplinary proceeding, or legal action in the police, fire, medical, mental health, legal, or emergency services professions.

    Science.gov (United States)

    Miller, Laurence

    2009-01-01

    Rightly or wrongly, law enforcement, public safety, medical, mental health, legal, and emergency services professionals may have to face internal investigation, disciplinary measures, license suspension, criminal prosecution, civil lawsuits, and/or personal life disruption related to actions taken in the course of their work. This article describes the main categories of misconduct--or simply mistakes--that can cause different types of professionals to be investigated, charged, prosecuted, and/or sued. It next discusses the kinds of psychological reactions commonly seen in workers who face these kinds of proceedings. Finally, the article offers a set of practical psychological coping strategies and procedural recommendations for dealing with the stresses of an investigation, administrative action, or litigation, and for mitigating their effects on one's life and career.

  10. International Dimensions of Library History: Leadership and Scholarship, 1978-1998.

    Science.gov (United States)

    Maack, Mary Niles

    2000-01-01

    Outlines the growth of internationalism in library history since 1978, when the American Library History Round Table dropped the word American from its name in acknowledgement of the growing importance of international scholarship. Discusses major conferences and publications on international themes and considers the role of the round table. (LRW)

  11. International Double Taxation Avoidance (Domestic Legal Regulations and Fiscal Conventions Concluded by Romania)

    OpenAIRE

    Cornelia LEFTER; Simona CHIRICĂ

    2010-01-01

    The avoidance of double taxation has been firstly introduced in the Romanian legislation in 1973. Due to the permanent development of the economic, legal, social, etc. and global environment, Romania adapted accordingly her legal tax provisions in tax law area. One of the most relevant moments is the accession of Romanian into European Union. During pre- and after accession phase Romania has adopted the mandatory European fiscal legislation. Beeing member of EU, Romania has indirectly amended...

  12. International Collaboration in the History of Science of Central Europe

    Czech Academy of Sciences Publication Activity Database

    Štrbáňová, Soňa

    2015-01-01

    Roč. 14, - (2015), s. 347-353 ISSN 1731-6715 Institutional support: RVO:68378114 Keywords : science in Habsburg Monarchy * cooperation in history of science * scientific terminology formation Subject RIV: AB - History

  13. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  14. International Double Taxation Avoidance (Domestic Legal Regulations and Fiscal Conventions Concluded by Romania

    Directory of Open Access Journals (Sweden)

    Cornelia LEFTER

    2010-09-01

    Full Text Available The avoidance of double taxation has been firstly introduced in the Romanian legislation in 1973. Due to the permanent development of the economic, legal, social, etc. and global environment, Romania adapted accordingly her legal tax provisions in tax law area. One of the most relevant moments is the accession of Romanian into European Union. During pre- and after accession phase Romania has adopted the mandatory European fiscal legislation. Beeing member of EU, Romania has indirectly amended many of its double tax treaties sparing the long process of legislative amendments, including individual renegotiation and amendment with each of the contracting EU member states.

  15. Research document no. 20. The constitutionalizing of the international legal regime of the petroleum investments and the world market reconstruction

    International Nuclear Information System (INIS)

    Noel, P.

    2000-09-01

    We analyse the new international legal regime for upstream petroleum investments and ''state contracts'' in general. In striking contrast to the ''New international economic order'' and ''Permanent sovereignty over natural resources'' ideologies of the 1960 and 1970, the emerging regime promotes the sanctification of contractual economic rights; the strict definition of State sovereign prerogatives, and the severe limitation of their conditions of exercise; the internationalization of the settlement of disputes through direct firm-State arbitration; the integration of national territories in a competitive, transparent, non-discriminative global market for investment. We demonstrate that it is rooted in the principles of liberal constitutionalism, hence promoting the internationalization of the Rule of Law. Such a legal regime is conducive to the expansion of the market for petroleum rights, as it restores the institutional conditions for credible commitment by the State. It will also accelerate the trend toward the ''commoditization'' of hydrocarbon resources. Bilateral investments treaties (especially the United States BIT program) as well as multilateral/regional instruments both general (draft MAI, MIGA, MERCOSUR, ALENA) and energy-specific (Energy Charter Treaty) are analysed as the main pillars and diffusion mechanisms of the new regime. A final paragraph indicates the way forward: the evaluation of the impact of this new legal regime on the world oil supply curve, especially as it eventually reaches - or not - some of the lowest-cost, biggest-resources countries. (author)

  16. Interpretation of the “Refugee” Term in the International Legal Acts and Laws of the CIS Countries

    Directory of Open Access Journals (Sweden)

    Gennadij A. Borisov

    2017-06-01

    Full Text Available The article describes peculiarities of the "refugee" term interpretation in the international legal acts and laws of the CIS countries. In particular, much attention is paid to its usage in the UN Convention of 1951 “About the status of refugees” and Protocol to it of 1967, and also in the Laws of the Russian Federation (Federal Law of 19.02 1993 No 4528-I “About refugees”, Armenia (The Law of the Armenia Republic of 16.01.2007 No ЗР-47 “About refugees and asylum”, Belarus (The Law of the Belarus Republic of 23.06 2008 No 354-З “About granting to citizens and people with no citizenship a refugee status, additional or temporal protection in the Belarus Republic” and Ukraine (The Law of Ukraine of 08.07.2011 No 3671-VI “About refugees and people who need additional or temporal protection”. Specific features of the interpretation of the concept of "refugee" in the legal system of these states are defined. The article gives arguments as for a single approach to the “refugee” term interpretation that must be legally confirmed within every country by a traditional international definition.

  17. IDRC at 40: A Brief History | IDRC - International Development ...

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

    2011-01-24

    Jan 24, 2011 ... In celebration of 40 years of research for development, IDRC is pleased to announce the publication of IDRC at 40: A Brief History. The 32-page booklet traces IDRC's history through the decades, from the earliest discussions of establishing a research centre focused on technology and development, to the ...

  18. Should euthanasia be legal? An international survey of neonatal intensive care units staff.

    NARCIS (Netherlands)

    Cuttini, M.; Casotto, V.; Kaminski, M.; Beaufort, I.D. de; Berbik, I.; Hansen, G.; Kollee, L.A.A.; Kucinskas, A.; Lenoir, S.; Levin, A.V.; Orzalesi, M.; Persson, J.; Rebagliato, M.; Reid, M.; Saracci, R.

    2004-01-01

    OBJECTIVE: To present the views of a representative sample of neonatal doctors and nurses in 10 European countries on the moral acceptability of active euthanasia and its legal regulation. DESIGN: A total of 142 neonatal intensive care units were recruited by census (in the Netherlands, Sweden,

  19. The International Mycological Association: its history in brief with summaries of its International Mycological Congresses and diverse international relationships.

    Science.gov (United States)

    Simmons, Emory G

    2010-06-01

    This history presents a review of International Mycological Association activities, its international congresses, and its relationships with regional mycological associations as well as with international organizations of other scientific disciplines. The IMA was organized in 1971 during the First Mycological Congress (IMC-1) convened at Exeter, U.K. In the period 1971 to 2010, nine international congresses have been held, each with its own organizational structure but under the guidance of one of the successive inter-Congress management groups of IMA officers and executive committee members. The congress list includes Exeter, U.K.; Tampa, U.S.A.; Tokyo, Japan; Regensburg, Germany; Vancouver, Canada; Jerusalem, Israel; Oslo, Norway; Cairns, Australia; and Edinburgh, Scotland. Inter-congress activities of each IMA executive group are summarized. The characteristics of each congress are surveyed as to organization, programming, attendance numbers, finances, and satellite meetings.The IMA has sponsored the establishment of Regional Mycological Associations beginning in 1977 and has lent operational funding. Regional associations currently are functional and hold their own regional congresses in Africa, Asia, Australasia, Europe, and Latin America. The relationships of the IMA with other organizations recognized within the supra-national International Council of Scientific Unions are discussed.

  20. 7th international conference on case histories in geotechnical engineering.

    Science.gov (United States)

    2013-08-01

    Funding used to enhance objectives of conference and to present successful case histories of varied project, orally, in posters and in : proceedings. This will become a storehouse of knowledge for future reference.

  1. REGULATION OF A RIGHT TO A SALARY IN THE INTERNATIONAL LEGAL INSTRUMENTS OF ILO AND UN AND THEIR IMPLEMENTATION IN THE INTERNATIONAL LABOUR LEGISLATION IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Darko Majhošev

    2017-07-01

    Full Text Available This paper deals with the salary as the most important legal institute, element and principle of the labour relations. Before we approach the analysis of the legal regime of the salary, we will define the term labour relations. This paper puts special emphasis on the terminology of the notion salary, as well as the legal nature of the legal regime of the salary. Additionally, in this paper the most important international legal instruments of ILO, UN and The European Council are analyzed for salary regulation and ban on compensation discrimination. In this context, the most important legal acts in the Republic of Macedonia are analyzed which regulate the legal institute salary, i.e. the minimum wage (The Constitution, Labour Law, and Law on Minimum Wage.

  2. The Right to strike: International and regional legal instruments with accent of legislation in Republic of Macedonia

    OpenAIRE

    Majhosev, Andon; Denkova, Jadranka

    2013-01-01

    The right to strike is a universal democratic right of all employees, regardless of where they are employed: Real or public sector. Depending on the degree of realization of this right in a state, it is accordingly evaluated on the scale of democracy. Therefore, we can say that the right to strike is a fundamental measure of democratic values of a society. There is no real democracy without the right to strike. The right to strike is governed by international legal instruments (acts) of the U...

  3. Human Rights Treaties Are an Important Part of the "International Health Instrumentariam" Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

    Science.gov (United States)

    Forman, Lisa

    2017-10-02

    In their commentary, Haik Nikogosian and Ilona Kickbusch argue for the necessity of new binding international legal instruments for health to address complex health determinants and offer a cogent analysis of the implications of such treaties for future global health governance. Yet in doing so they pay no attention to the existing instrumentarium of international legally binding treaties relevant to health, in the form of human rights treaties. International human rights law has entrenched individual entitlements and state obligations in relation to individual and public health through iterative human rights treaties since 1946. These treaties offer normative specificity, institutional monitoring and the possibility of enforcement and accountability. If we are to build a new 'international health instrumentariam' we should not ignore existing and important tools that can assist in this endeavor. © 2018 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  4. Energy - politics - history. National and international energy politics since 1945

    International Nuclear Information System (INIS)

    Hohensee, J.; Salewski, M.

    1993-01-01

    All articles focus on historical aspects of the development of energy politics in the Federal Republic of Germany (energy enconomy and industry, hard coal, nuclear energy). Some articles also look at international developments (oil boycott, Saudia Arabias's oil policies, International Energy Agency). (UA) [de

  5. Legal Framework and Mechanism of Marine Fisheries Subsidies in the Aspects of International Trade and Sustainable Development

    Directory of Open Access Journals (Sweden)

    Adijaya Yusuf

    2015-12-01

    Full Text Available Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982 has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in the Inland waters, archipelagic waters and the Territorial Sea. This article aims to examine the legal framework and mechanisms of fisheries subsidies in the aspects of trade and sustainable development. In this article, discussion would carried out in order to examine the legal framework and mechanisms of marine fisheries subsidies that are implemented with the principles of fair-trade and sustainable development, both in the international level, as well as in the national level. Thus, this research is expected to be able to bridge the interests of developed countries and developing countries, especially Indonesia, in order to achieve fair trade in the field of fisheries and resource utilization of sustainable fisheries.

  6. IDRL in Italy: A Study on Strengthening Legal Preparedness for International Disaster Response

    OpenAIRE

    Gatti, Mauro

    2015-01-01

    This report seeks to identify the main obstacles that existing rules create for international cooperation in the event of disasters in Italy: It does so by looking to the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance (hereinafter the IDRL Guidelines) and to the EU Host Nation Support Guidelines (HNSG). The analysis seeks to point out solutions (mostly legislative ones) that may contribute to enhancing international coo...

  7. International Regulations for Transport of Radioactive Materials, History and Security

    International Nuclear Information System (INIS)

    EL-Shinawy, R.M.K.

    2013-01-01

    International Regulations for the transport of radioactive materials have been published by International Atomic Energy Agency (IAEA) since 1961. These Regulations have been widely adopted into national Regulations. Also adopted into different modal Regulations such as International Air Transport Association (IATA) and International Martime Organization (IMO). These Regulations provide standards for insuring a high level of safety of general public, transport workers, property and environment against radiation, contamination, criticality hazard and thermal effects associated with the transport of radioactive wastes and materials. Several reviews conducted in consultation with Member States (MS) and concerned international organizations, resulted in comprehensive revisions till now. Radioactive materials are generally transported by specialized transport companies and experts. Shippers and carriers have designed their transport operations to comply with these international Regulations. About 20 million consignments of radioactive materials take place around the world each year. These materials were used in different fields such as medicine, industry, agriculture, research, consumer product and electric power generation. After September 11,2001, the IAEA and MS have worked together to develop a new guidance document concerning the security in the transport of radioactive materials. IAEA have initiated activities to assist MS in addressing the need for transport security in a comprehensive manner. The security guidance and measures were mentioned and discussed. The transport security becomes more developed and integrated into national Regulations of many countries beside the safety Regulations. IAEA and other International organizations are working with MS to implement transport security programs such as guidance, training, security assessments and upgrade assistance in these fields.

  8. Promoting Academic Development: A History of the International Consortium for Educational Development (ICED)

    Science.gov (United States)

    Mason O'Connor, Kristine

    2016-01-01

    This essay traces the history of the International Consortium for Educational Development (ICED) through document analysis and email interviews with founding and prominent ICED members. It also provides a summary of the themes and locations of all the ICED conferences.

  9. An international integration history of the Zagreb Stock Exchange

    Directory of Open Access Journals (Sweden)

    Luka Sikic

    2017-06-01

    Full Text Available We investigate stock market co-movements among the Croatian and several other markets (in the US, UK, Germany, Austria, Poland, Czech Republic and Hungary in the period from 3 September 1997 to 19 August 2016 with dynamic correlation coefficient models. This allows us to analyse long-term trends of the international financial integration of the Zagreb Stock Exchange in the last two decades as well as the separate impacts of major events that influenced financial markets during that period. Our results imply a relatively low level of international financial integration of the Croatian stock market, but some convergence in co-movement with the analysed markets over time is present. The strongest market co-movement is related to the subprime mortgage crisis, and EU accession seems to have made Croatian international integration less segmented.

  10. Enhancing international tourism to the Ditsong (South African) National Museum of Military History

    OpenAIRE

    A Nicolaides

    2011-01-01

    Attractions such as military history museums which exhibit a wide range of important historical artefacts are fundamental sub-elements in any tourism systems, and yet their study suffers from lack of theoretical depth. Military history is an integral element of the history of any nation and countless varieties of tourists both local and international, visit military museums whenever the opportunity presents itself because museums are generally stimulating places of int...

  11. Should euthanasia be legal? An international survey of neonatal intensive care units staff.

    Science.gov (United States)

    Cuttini, M; Casotto, V; Kaminski, M; de Beaufort, I; Berbik, I; Hansen, G; Kollée, L; Kucinskas, A; Lenoir, S; Levin, A; Orzalesi, M; Persson, J; Rebagliato, M; Reid, M; Saracci, R

    2004-01-01

    To present the views of a representative sample of neonatal doctors and nurses in 10 European countries on the moral acceptability of active euthanasia and its legal regulation. A total of 142 neonatal intensive care units were recruited by census (in the Netherlands, Sweden, Hungary, and the Baltic countries) or random sampling (in France, Germany, Italy, Spain, and the United Kingdom); 1391 doctors and 3410 nurses completed an anonymous questionnaire (response rates 89% and 86% respectively). The staff opinion that the law in their country should be changed to allow active euthanasia "more than now". Active euthanasia appeared to be both acceptable and practiced in the Netherlands, France, and to a lesser extent Lithuania, and less acceptable in Sweden, Hungary, Italy, and Spain. More then half (53%) of the doctors in the Netherlands, but only a quarter (24%) in France felt that the law should be changed to allow active euthanasia "more than now". For 40% of French doctors, end of life issues should not be regulated by law. Being male, regular involvement in research, less than six years professional experience, and having ever participated in a decision of active euthanasia were positively associated with an opinion favouring relaxation of legal constraints. Having had children, religiousness, and believing in the absolute value of human life showed a negative association. Nurses were slightly more likely to consider active euthanasia acceptable in selected circumstances, and to feel that the law should be changed to allow it more than now. Opinions of health professionals vary widely between countries, and, even where neonatal euthanasia is already practiced, do not uniformly support its legalisation.

  12. Internally consistent gamma ray burst time history phenomenology

    International Nuclear Information System (INIS)

    Cline, T.L.

    1985-01-01

    A phenomenology for gamma ray burst time histories is outlined. Order of their generally chaotic appearance is attempted, based on the speculation that any one burst event can be represented above 150 keV as a superposition of similarly shaped increases of varying intensity. The increases can generally overlap, however, confusing the picture, but a given event must at least exhibit its own limiting characteristic rise and decay times if the measurements are made with instruments having adequate temporal resolution. Most catalogued observations may be of doubtful or marginal utility to test this hypothesis, but some time histories from Helios-2, Pioneer Venus Orbiter and other instruments having one-to several-millisecond capabilities appear to provide consistency. Also, recent studies of temporally resolved Solar Maximum Mission burst energy spectra are entirely compatible with this picture. The phenomenology suggested here, if correct, may assist as an analytic tool for modelling of burst processes and possibly in the definition of burst source populations

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

    Directory of Open Access Journals (Sweden)

    Veronika Kareva

    2017-06-01

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

  14. Legal Challenges of Combating Terrorism: International Humanitarian Law Implications of ‘Signature Strikes’ by Drones.

    OpenAIRE

    Ndi, George

    2015-01-01

    Terrorism has become the main international security challenge of the 21st century. From a historical perspective, terrorism has always been a serious concern for governments and nation states. The modern threat posed by terrorism has a much wider scope because of its international character. The much bigger threat posed by modern terrorism can also be explained by technological innovations and the reliance of terror networks on social networks both to propagate their message and as a recruit...

  15. "Restorative Justice": History of the Term's International and Danish Use

    DEFF Research Database (Denmark)

    Gade, Christian B. N.

    2018-01-01

    In this article, I explore the historical origin and development of the use of the term “restorative justice” in published sources. The main argument is that the growing popularity of the term and its expanding use makes increasingly blurred what restorative justice is. I begin by investigating....... In the 2000s, the term began to appear in United Nations and European Union documents, illustrating that restorative justice had become an internationally recognised approach to justice. After describing this international development, I analyse the Danish context, where the term “restorative justice” began...... to appear in writings around the year 2000. Around the same time, the existing Danish victim offender mediation programme became connected to restorative justice. Later, Danish practices outside the area of criminal justice became associated with the term. In conclusion, I argue that a potential problem...

  16. Children sold for transplants: medical and legal aspects. Amnesty International--Danish Working Group for Children.

    Science.gov (United States)

    Fasting, U; Christensen, J; Glending, S

    1998-11-01

    Over the last few decades there has been a substantially higher percentage of successful organ transplants but also a significant imbalance between the demand for and the supply of organs, creating the basis for a highly profitable black market trade in human organs. Sometimes there are reports that children have been kidnapped, only to reappear later lacking one kidney, or that they simply disappear and are subsequently killed to have all their transplantable organs removed for profit. The European Union feels that there is a need for action and that it has a duty to act in this field, especially for ethical reasons. There is now established close co-operation between the various European transplant organizations. The legal protection of children with regard to organ transplantation is not specifically mentioned in the existing conventions because this issue was not foreseen at the time of their preparation. However, the issue is covered in a broader sense by more general provisions. There are endless rumours surrounding this area. Members of various organizations who travel in the suspected countries say that the trafficking in children who are sold for transplantation is well known, but it is too difficult and very dangerous to catch the people involved. We have to conclude that it has been impossible to prove or disprove the rumours, but they are consistent and we all, especially in the health care professions, have an obligation to be keenly aware of how and where organs are obtained.

  17. THE MEDICO-SCIENTIFIC MARGINALISATION OF HOMEOPATHY: INTERNATIONAL LEGAL AND REGULATORY DEVELOPMENTS.

    Science.gov (United States)

    Freckelton, Ian

    2015-09-01

    The 2010 report of the United Kingdom Science and Technology Committee of the House of Commons and the 2015 report of the Australian National Health and Medical Research Council have overtaken in significance the uncritical Swiss report of 2012 and have gone a long way to changing the environment of tolerance toward proselytising claims of efficacy in respect of homeopathy. The inquiry being undertaken in the United States by the Food and Drug Administration during 2015 may accelerate this trend. An outcome of the reports and inquiries has been a series of decisions from advertising regulators and by courts rejecting medically unjustifiable claims in respect of the efficacy of homeopathy. Class actions have also been initiated in North America against manufacturers of homeopathic products. The changing legal and regulatory environment is generating an increasingly scientifically marginalised existence for homeopathy. That new environment is starting to provide effective inhibition of assertions on behalf of homeopathy and other health modalities whose claims to therapeutic efficacy cannot be justified by reference to the principles of evidence-based health care. This has the potential to reduce the financial support that is provided by insurers and governments toward homeopathy and to result in serious liability exposure for practitioners, manufacturers and those who purvey homeopathic products, potentially including pharmacists. In addition, it may give a fillip to a form of regulation of homeopaths if law reform to regulate unregistered health practitioners gathers momentum, as is taking place in Australia.

  18. The role and place of international organizations in the settlement of armed conflicts in the southeast of Ukraine (legal aspects

    Directory of Open Access Journals (Sweden)

    Ігор Володимирович Євтушенко

    2016-01-01

    Full Text Available Problem setting. Armed conflict in the Donetsk and Lugansk regions led to significant losses as personnel of military units and special law enforcement agencies of Ukraine and civilian casualties Ukraine. Under these conditions, according to most politicians and political scientists to modern standards of international law crisis management in Ukraine is possible only through the mediation of international organizations. International organizations have a tool for early detection, warning and conflict prevention and crisis management and post-conflict rehabilitation, they are engaged in a wide range of security issues, including arms control, preventive diplomacy, confidence-building measures, human rights, monitoring elections, economic and environmental security and so on. Recent research and publications analysis. In the literature of recent years certain issues affecting the regulatory and legal framework of international organizations in the field of security. However, scientific research towards the place and role of international organizations in resolving the internal armed conflict in research paid insufficient attention. Paper objective. The article is to examine the nature of international security organizations, evaluating the effectiveness of their work to resolve the situation in the Donetsk and Lugansk regions and providing relevant proposals. Paper main body. The primary place in the order of settlement of the armed conflict in the South East Ukraine has a key intergovernmental international organizations dealing with peace and security in the world – the United Nations (UN and the Organization for Security and Cooperation in Europe (OSCE. The new National Security Strategy of Ukraine of 05.06.2015 p. Indicated that the aggression of Russia against Ukraine increased the urgency of reforming the Security Council. As part of the UN General Assembly will focus the government of Ukraine will support such initiatives to reform the

  19. TRIGA International - History of Training Research Isotope production General Atomics

    International Nuclear Information System (INIS)

    2008-01-01

    TRIGA conceived at GA in 1956 by a distinguished group of scientists including Edward Teller and Freeman Dyson. First TRIGA reactor Mk-1 was commissioned on 3 may 1958 at G.A. Characteristic feature of TRIGA reactors is inherent safety: Sitting can be confinement or conventional building. TRIGA reactors are the most prevalent in the world: 67 reactors in 24 countries. Steady state powers up to 14 MWt, pulsing up to 22,000 MWt. To enlarge the scope of its manufactured products, CERCA engaged in a Joint Venture with General Atomics, and in July 1995 a new Company was founded: TRIGA INTERNATIONAL SAS (50% GA, 50% CERCA; Head Office: Paris (France); Sales offices: GA San Diego (Ca, USA) and CERCA Lyon (France); Manufacturing plant: CERCA Romans. General Atomics ID: founded in 1955 at San Diego, California, by General Dynamics; status: Privately held corporation; owners: Neal and Linden Blue; business: High technology research, design, manufacturing, and production for industry and Government in the U.S. and overseas; locations: U.S., Germany, Japan, Australia, Thailand, Morocco; employees: 5,000. TRIGA's ID: CERCA is a subsidiary of AREVA, born in November 05, 1957. Activities: fuel manufacture for research reactor, equipment and components for high-energy physics, radioactive sources and reference sources; plants locations: Romans and Pierrelatte (France); total strength: 180. Since the last five years TRIGA has manufactured and delivered more than 800 fuel elements with a door to door service. TRIGA International has the experience to manufacture all types of TRIGA fuel: standard fuel elements, instrumented fuel elements, fuel followed control rods, geometry: 37.3 mm (1.47 in.), 35.8 mm (1.4 in), 13 mm (0.5 in), chemical Composition: U w% 8.5, 12, 20, 30 and 45 w/o, erbium and no erbium. TRIGA International is on INL's approved vendor list (ISO 9000/NQA) and is ready to meet any TRIGA fuel needs either in the US or worldwide

  20. Nuclear Italy. An International history of Italian Nuclear Policies during the Cold War

    International Nuclear Information System (INIS)

    Bini, Elisabetta; Londer, Igor

    2017-01-01

    This book examines the history of Italy’s nuclear policies during the Cold War, by placing the Italian case in an international and comparative framework. It highlights the importance the international context had in shaping the country’s specific experience, and analyzes the ways in which international politics and economics, technological and scientific exchanges, as well as social and cultural movements, influenced Italian nuclear policies, both civilian and military. All the essays published in this volume assume that the history of nuclear energy should be written by adopting an international perspective. The spread of nuclear knowledge (scientific, civilian, as well as military), and the implementation of nuclear policies, have a specific international dimension that should be taken into consideration, since no nuclear program has ever had a distinctly national character, and every country pursuing a nuclear policy has been, in one way or another, deeply influenced by the international context.

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

    NARCIS (Netherlands)

    Bigagli, E.

    2016-01-01

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

  2. The power of legality : Practices of international law and their politics

    NARCIS (Netherlands)

    Rajkovic, Nikolas; Aalberts, Tanja; Gammeltoft-Hansen, Thomas

    • 12 Chapter edited volume, with foreword by Martti Koskenniemi. Produced over 3 years, and involving 3 international workshops (Krakow, Florence and Weimar). Volume was accepted for publication with unanimous endorsement of all 4 CUP reviewers. From an airstrip in Saudi Arabia, the CIA launches

  3. The Future of the International Criminal Court. On Critique, Legalism and Strengthening the ICC's Legitimacy

    NARCIS (Netherlands)

    De Hoon, Marieke

    2017-01-01

    While the International Criminal Court (icc) strives for justice for atrocity crimes throughout the world, increasingly, its legitimacy is undermined: powerful states refuse to join, African states prepare to leave, victims do not feel their needs for justice are met. This article argues that this

  4. Political and legal problems of international nuclear supply agreements: the Euratom experience

    International Nuclear Information System (INIS)

    Allen, D.W.

    1983-01-01

    This paper analyses the Chapters in the Euratom Treaty which are relevant to uranium supply agreements and the European Community's powers in international relations as conferred by the Treaty. It also examines the agreements concluded by Euratom with the US, Canada and Australia respectively with emphasis on their nuclear non-proliferation aspects. (NEA) [fr

  5. Legal Aspects of international cooperation in the physical protection of nuclear facilities and materials

    International Nuclear Information System (INIS)

    Herron, L.W.

    1981-10-01

    This paper provides a detailed analysis of developments in the number field having led the IAEA to promote international cooperation in ensuring adequate physical protection of nuclear facilities and materials. This work resulted in the establishment of recommendations and guidelines in this respect and culminated in the development of the 1980 Convention on the Physical Protection of Nuclear Materials. (NEA) [fr

  6. The International Trade Policy for Technology Transfers: Legal and Economic Dilemmas on Multilateralism versus Bilateralism

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    In the book, the Researcher addresses the importance of international technology transfers for economic development, as well as the underlying causes for the different institutional arrangements that promote such activity. The work provides a systematic interpretation of the wide range of interests...

  7. International cooperation in combating modern forms of maritime piracy: Legal and policy dimensions

    NARCIS (Netherlands)

    Gottlieb, Y.

    2017-01-01

    In recent years, maritime piracy has reemerged as a serious threat to the international community, notably following the increase in piracy incidents off the coast of Somalia. Piratical activity has threatened the safety of navigation, the lives of seafarers, and the delivery of humanitarian aid.

  8. Conflicts of interests and access to information resulting from biomedical research: an international legal perspective.

    Science.gov (United States)

    Byk, Christian

    2002-07-01

    Recently adopted international texts have given a new focus on conflicts of interests and access to information resulting from biomedical research. They confirmed ethical review committees as a central point to guarantee individual rights and the effective application of ethical principles. Therefore specific attention should be paid in giving such committees all the facilities necessary to keep them independent and qualified.

  9. International legal problem in combating 'Islamic State' terrorist group in Syria

    Directory of Open Access Journals (Sweden)

    Stevanović Miroslav

    2015-01-01

    Full Text Available 'Islamic State of Iraq and Syria' (ISIS has occupied parts of internationally recognized states and exerts further territorial pretensions. ISIS, also, implements a repressive rule, through violations of human rights and humanitarian law, which may constitute international crimes. In facing the threat od ISIS, the perception of international terrorism is important since this group has the features of a territorial entity. So far, facing with the threat of ISIS has been reduced to a model that is adopted by the UN Security Council against the terrorist network Al-Qaida. An international coalition of states, led by the United States, has undertaken air strikes on positions ISIS, on several grounds: the responsibility to protect, the protection of national security, and at the request of Iraq. At the same time, the strikes are applied in Syria, which can not be accountable for the actions of ISIS and has not requested international assistance. International law does not allow actions which would aim to destroy or jeopardize the territorial integrity or political independence of any sovereign and independent state, which is acting in accordance with the principle of equal rights and self-determination of peoples, and is hence governed by a representative government. The UNSC resolution 2249 remains short of recommending international armed action under the aegis of UNSC, but represents a step forward in recognizing the responsibility of this body in facing ISIS, at least as far as the 'destruction of refuge' is concerned. The use of force in the territory of Syria, without the express authorization of the UNSC is illegal, because terrorism does not constitute grounds for the use of force against countries. But, it opens broader issues of responsibility for the development of ISIS and the humanitarian crisis in the Middle East, as well as the functioning of the system of collective security. Overcoming the current crisis UNSC implies not just a

  10. Financing considerations for international coalbed methane projects - a case history

    International Nuclear Information System (INIS)

    Mize, J.S.

    1990-01-01

    This presentation on financing of international, coalbed methane fueled Cogen projects is intended to provide the reader with some insight into the key steps and issues involved in financing an outside-the-USA project. No claim is made as to whether the strategy employed for the China projects will be suitable for other projects. The presentation is made from the perspective of an entrepreneur seeking a workable financial structure to address the concerns of risk, return, technology transfer to a third world country, and stage-wise development from prefeasibility assessment through complete resource development and gas utilization. The China projects referred to in this paper are not yet fully financed. Final project approvals for financing awaiting a request by the USA group for China to confirm that their 50% funding is available, and that initial funds have been transferred to the USA group's bank account

  11. A History of the International Agreement on Iran's Nuclear Program

    International Nuclear Information System (INIS)

    Fabius, Laurent

    2016-01-01

    In May 2012, in the aftermath of the French presidential election, Iranian nuclear program posed a major challenge concerning both regional security questions and global efforts to prevent nuclear proliferation. The situation was characterized by a diplomatic stalemate, sanctions and the concerning development of Iran's nuclear program. Many fear that Iran's current program development will warrant military intervention in an effort to prevent further success. France therefore decided to implement a policy of 'constructive firmness' in the hope of reaching a robust and verifiable agreement that shows real progress in the international effort to prevent Iran from acquiring nuclear weapons. The following text is an accurate account of the process leading up to this major agreement by one of its main actors

  12. [Some epistemological outlines throughout the publications of the International Society for the History of Pharmacy].

    Science.gov (United States)

    Ledermann, Franeois

    2014-10-01

    The International Society, created in 1926 in Innsbruck, was originally strongly influ- enced by the German world, although it included some members from other nations, such as Eugène Humbert Guitard from France, and was designated only as the Society for the History of Pharmacy. Its international aspect, with a new name, was finally recognized officially after the Second World War. Early on, the Society published several documents dedicated to various subjects related to the history of pharmacy without a clear editorial orientation. This was changed post-war, in 1951, with the launch of "Publications of the Society" and of a journal. During these years the society was, however, still very focused on Germany, Austria and Switzerland, and the vast majority of works were written in German. In 1999, following new statutes, it was decided that the national societies would be the collective members of the Society and, at the same time, a newsletter appeared as an official organ and link between the International Society and members of the national societies. These publications as a whole have been the subject of an analytical treatment to examine the major orientations of history of pharmacy during a century. What were the subjects preferred by the authors, and what approach did they take to pharmaceutical history? What is the place of the social history of pharmacy and of drugs research? This conference tries to answer these questions by the analysis of the large corpus of publications of the International Society for the History of Pharmacy.

  13. Protection of crime victims by legal means: International and European law and policy

    OpenAIRE

    Groenhuijsen Marc

    2015-01-01

    The article addresses the development of international and European policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described...

  14. History of heat pumps - Swiss contributions and international milestones

    Energy Technology Data Exchange (ETDEWEB)

    Zogg, M

    2008-05-15

    Compared to conventional boilers, heating by heat pumps cuts down fuel consumption and CO{sub 2} emissions to about 50%. Compared to electric resistance heating, the energy consumption is even reduced up to 80%. Therefore, the impressive market penetration growth of heat pumps will continue. Swiss pioneers were the first to realize functioning vapour recompression plants. The first European heat pumps were realized in Switzerland. To date it remains one of the heat pump champions. Swiss pioneering work in the development of borehole heat exchangers, sewage heat recovery, oil free piston compressors and turbo compressors is well known. The biggest heat pump ever built comes from Switzerland. Although there is a fairly comprehensive natural gas distribution grid, 75% of the new single-family homes built in Switzerland are currently heated by heat pumps. This paper presents some of the highlights of this success story focusing on Swiss developments and relating them to the international milestones. In order to indicate the direction in which the future development might go to, some recent Swiss research projects are presented as well. (author)

  15. What Does the Right to Education Mean? A Look at an International Debate from Legal, Ethical, and Pedagogical Points of View.

    Science.gov (United States)

    Jover, Gonzalo

    2001-01-01

    Explores the legal, ethical, and pedagogical aspects of the right to education. Describes a study aimed at learning what the global attitudes are toward the right to an education. Discusses globalization and its effects on education and examines the impact of international caucuses such as the Convention of the Rights of the Child. (Contains 17…

  16. Parochialism or self-consciousness? Internationality in medical history journals 1997-2006.

    Science.gov (United States)

    Steinke, Hubert; Lang, Yves

    2011-10-01

    Research councils, universities and funding agencies are increasingly asking for tools to measure the quality of research in the humanities. One of their preferred methods is a ranking of journals according to their supposed level of internationality. Our quantitative survey of seventeen major journals of medical history reveals the futility of such an approach. Most journals have a strong national character with a dominance of native language, authors and topics. The most common case is a paper written by a local author in his own language on a national subject regarding the nineteenth or twentieth century. American and British journals are taken notice of internationally but they only rarely mention articles from other history of medicine journals. Continental European journals show a more international review of literature, but are in their turn not noticed globally. Increasing specialisation and fragmentation has changed the role of general medical history journals. They run the risk of losing their function as international platforms of discourse on general and theoretical issues and major trends in historiography, to international collections of papers. Journal editors should therefore force their authors to write a more international report, and authors should be encouraged to submit papers of international interest and from a more general, transnational and methodological point of view.

  17. Parochialism or Self-Consciousness? Internationality in Medical History Journals 1997–2006

    Science.gov (United States)

    Steinke, Hubert; Lang, Yves

    2011-01-01

    Research councils, universities and funding agencies are increasingly asking for tools to measure the quality of research in the humanities. One of their preferred methods is a ranking of journals according to their supposed level of internationality. Our quantitative survey of seventeen major journals of medical history reveals the futility of such an approach. Most journals have a strong national character with a dominance of native language, authors and topics. The most common case is a paper written by a local author in his own language on a national subject regarding the nineteenth or twentieth century. American and British journals are taken notice of internationally but they only rarely mention articles from other history of medicine journals. Continental European journals show a more international review of literature, but are in their turn not noticed globally. Increasing specialisation and fragmentation has changed the role of general medical history journals. They run the risk of losing their function as international platforms of discourse on general and theoretical issues and major trends in historiography, to international collections of papers. Journal editors should therefore force their authors to write a more international report, and authors should be encouraged to submit papers of international interest and from a more general, transnational and methodological point of view. PMID:22028500

  18. Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Mariya Riekkinen

    2016-01-01

    Full Text Available This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public participation of minors implies that children have clearly defined opportunities to take part in decision-making processes concerning those political and public matters affecting their interests.Albeit limited by the clause “regarding the issues concerning them,” the claims for such participation are dictated by emerging standards of international law. The author has examined the process of devising these standards in Russian public law. Moreover, an analysis of the evolution of academic views on public participation of children in Russian legal scholarship is also included in this article.Relying extensively on the method of legal analysis and the comparative analysis of the conformity of national public law standards with respect to international law, the author proposes several legal amendments to the Federal law “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” which would lead to anchoring more solidly the participatory right of minors in the legal system of the Russian Federation.

  19. Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia

    Directory of Open Access Journals (Sweden)

    Khairil Azmin Mokhtar

    2017-03-01

    Full Text Available Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

  20. Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

    OpenAIRE

    Waddington, L.B.; Toepke, C

    2014-01-01

    Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a violation of international law and a breach of human rights. The provision of inclusive education is an obligation under international law, as well as the means by which to fulfil the additional l...

  1. Communication, control, and co-operation: (Latin) American interchanges in the history of international health.

    Science.gov (United States)

    Birn, Anne-Emanuelle; Hochman, Gilberto

    2008-01-01

    This article discusses the development of historical studies of international health since the 1980s, showing that the field has gained considerable density and complexity. The authors touch on various current research trends in the history of international health, including reconsideration of so-called centre-periphery and imperial-colonial relations. They emphasize the important, if often forgotten, role of Latin America in the history of international health and bring attention to the relevance of Canada to the international health field, especially in the last 30 years. The article concludes by introducing the articles that make up this special issue of CBMH, pointing out their most significant findings and cross-cutting themes.

  2. Remaking the medico-legal scene: a social history of the late-Victorian coroner in Oxford.

    Science.gov (United States)

    Hurren, Elizabeth T

    2010-04-01

    There have been wide-ranging debates about medicine and the law encapsulated in the figure of the coroner in Victorian England. Recently the historical literature on coroners has been enriched by macro-studies. Despite this important research, the social lives of coroners and their daily interactions remain relatively neglected in standard historical accounts. This article redresses that issue by examining the working life of the coroner for Oxford during the late-Victorian era. Edward Law Hussey kept very detailed records of his time in office as coroner. New research material makes it feasible to trace his professional background, from doctor of the sick poor, to hospital house surgeon and then busy coroner. His career trajectory, personal interactions, and professional disputes, provide an important historical prism illuminating contemporary debates that occupied coroners in their working lives. Hussey tried to improve his medico-legal reach and the public image of his coroner's office by reducing infanticide rates, converting a public mortuary, and acquiring a proper coroner's court. His campaigns had limited success because the social scene in which he worked was complicated by the dominance of health and welfare agencies that resented his role as an expanding arm of the Victorian information state.

  3. Creating the "International Mind": The League of Nations Attempts to Reform History Teaching, 1920-1939

    Science.gov (United States)

    Osborne, Ken

    2016-01-01

    After the First World War, the League of Nations, through its International Committee on Intellectual Cooperation, attempted to reshape the teaching of history in its member states. The League's supporters realized that its long-term success depended in part on supportive public opinion and that this, in turn, had implications for education. Aware…

  4. Curriculum Studies in Brazil: Intellectual Histories, Present Circumstances. International and Development Education

    Science.gov (United States)

    Pinar, William F., Ed.

    2011-01-01

    This collection, comprised of chapters focused on the intellectual histories and present circumstances of curriculum studies in Brazil, is Pinar's summary of exchanges (occurring over a two-year period) between the authors and members of an International Panel (scholars working in Finland, South Africa, the United States). From these and the…

  5. Peace through History? The Carnegie Endowment for International Peace's Inquiry into European Schoolbooks, 1921-1924

    Science.gov (United States)

    Irish, Tomás

    2016-01-01

    In 1924 the Carnegie Endowment for International Peace published a volume investigating the teaching of school history in former belligerent states in Europe. The project sought to reconcile former enemies through mutual understanding and educational exchange and reflected a widely held belief that although the military conflict had finished, its…

  6. Parents' attachment histories and children's externalizing and internalizing behaviors: exploring family systems models of linkage.

    Science.gov (United States)

    Cowan, P A; Cowan, C P; Cohn, D A; Pearson, J L

    1996-02-01

    Twenty-seven mothers and 27 fathers were given the Adult Attachment Interview (M. Main & R. Goldwyn, in press) when their children were 3.5 years old. Continuous ratings of narrative coherence, probable experience quality (parents perceived as loving), and state of mind (current anger at parents) were entered as latent variables in partial least squares structural equation models that included observational measures of marital quality and parenting style. Models that include fathers' attachment histories predicted more variance in kindergarten teachers' descriptions of children's externalizing behavior, whereas models that include mothers' attachment histories predicted more variance in children's internalizing behavior. Marital data added predictive power to the equations. Discussion is focused on the importance of integrating attachment and family systems approaches, and of parents' gender and marital quality, in understanding specific links between parents' attachment histories and their young children's externalizing and internalizing behaviors.

  7. Computing patient data in the cloud: practical and legal considerations for genetics and genomics research in Europe and internationally.

    Science.gov (United States)

    Molnár-Gábor, Fruzsina; Lueck, Rupert; Yakneen, Sergei; Korbel, Jan O

    2017-06-20

    Biomedical research is becoming increasingly large-scale and international. Cloud computing enables the comprehensive integration of genomic and clinical data, and the global sharing and collaborative processing of these data within a flexibly scalable infrastructure. Clouds offer novel research opportunities in genomics, as they facilitate cohort studies to be carried out at unprecedented scale, and they enable computer processing with superior pace and throughput, allowing researchers to address questions that could not be addressed by studies using limited cohorts. A well-developed example of such research is the Pan-Cancer Analysis of Whole Genomes project, which involves the analysis of petabyte-scale genomic datasets from research centers in different locations or countries and different jurisdictions. Aside from the tremendous opportunities, there are also concerns regarding the utilization of clouds; these concerns pertain to perceived limitations in data security and protection, and the need for due consideration of the rights of patient donors and research participants. Furthermore, the increased outsourcing of information technology impedes the ability of researchers to act within the realm of existing local regulations owing to fundamental differences in the understanding of the right to data protection in various legal systems. In this Opinion article, we address the current opportunities and limitations of cloud computing and highlight the responsible use of federated and hybrid clouds that are set up between public and private partners as an adequate solution for genetics and genomics research in Europe, and under certain conditions between Europe and international partners. This approach could represent a sensible middle ground between fragmented individual solutions and a "one-size-fits-all" approach.

  8. Evaluation of medical record quality and communication skills among pediatric interns after standardized parent training history-taking in China.

    Science.gov (United States)

    Yu, Mu Xue; Jiang, Xiao Yun; Li, Yi Juan; Shen, Zhen Yu; Zhuang, Si Qi; Gu, Yu Fen

    2018-02-01

    The effect of using standardized parent training history-taking on the quality of medical records and communication skills among pediatric interns was determined. Fifth-year interns who were undertaking a pediatric clinical practice rotation were randomized to intervention and control groups. All of the pediatric interns received history-taking training by lecture and bedside teaching. The pediatric interns in the intervention group also received standardized parent history-taking training. The following two outcome measures were used: the scores of medical records, which were written by the pediatric interns after history-taking from real parents of pediatric patients; and the communication assessment tool (CAT) assessed by real parents. The general information, history of present illness (HPI), past medical history, personal history, family history, diagnosis, diagnostic analysis, and differential diagnosis scores in the intervention group were significantly higher than the control group (p history-taking is effective in improving the quality of medical records by pediatric interns. Standardized parent training history-taking is a superior teaching tool for clinical reasoning ability, as well as communication skills in clinical pediatric practice.

  9. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  10. The International Politics of Legal Reforms: Hard Bilateralism, Soft Multilateralism and the World Bank’s “Doing Business” Indicators

    Directory of Open Access Journals (Sweden)

    Yi Shin Tang

    2017-10-01

    Full Text Available Abstract The Law and Development literature still debates on the role of international institutions in promoting legal reforms as a means of inducing economic growth. This article takes one step further by arguing that incremental circumstances compelled such institutions to change from bilaterally-binding pressures to soft-based multilateral strategies, by analyzing the gradual rise of the World Bank’s “Doing Business” initiative.

  11. The International Politics of Legal Reforms: Hard Bilateralism, Soft Multilateralism and the World Bank’s “Doing Business” Indicators

    OpenAIRE

    Tang, Yi Shin

    2017-01-01

    Abstract The Law and Development literature still debates on the role of international institutions in promoting legal reforms as a means of inducing economic growth. This article takes one step further by arguing that incremental circumstances compelled such institutions to change from bilaterally-binding pressures to soft-based multilateral strategies, by analyzing the gradual rise of the World Bank’s “Doing Business” initiative.

  12. Predicting thermal history a-priori for magnetic nanoparticle hyperthermia of internal carcinoma

    Science.gov (United States)

    Dhar, Purbarun; Sirisha Maganti, Lakshmi

    2017-08-01

    This article proposes a simplistic and realistic method where a direct analytical expression can be derived for the temperature field within a tumour during magnetic nanoparticle hyperthermia. The approximated analytical expression for thermal history within the tumour is derived based on the lumped capacitance approach and considers all therapy protocols and parameters. The present method is simplistic and provides an easy framework for estimating hyperthermia protocol parameters promptly. The model has been validated with respect to several experimental reports on animal models such as mice/rabbit/hamster and human clinical trials. It has been observed that the model is able to accurately estimate the thermal history within the carcinoma during the hyperthermia therapy. The present approach may find implications in a-priori estimation of the thermal history in internal tumours for optimizing magnetic hyperthermia treatment protocols with respect to the ablation time, tumour size, magnetic drug concentration, field strength, field frequency, nanoparticle material and size, tumour location, and so on.

  13. The European as a Blueprint for International Organisations? A Global History View

    DEFF Research Database (Denmark)

    Dykmann, Klaas

    Today, it is above all international organisations (IOs) that are expected to tackle the challenges and problems of “globalisation” in an “effective” way, while the very nature of these institutions has remained rather uncontested. In this article, I aspire to provide an overview on various...... shall place these institutions in global history. Subsequently, I will address some features in this regard, namely the dimension of international law, bureaucracy and standardisation for the prevailing image of man in IOs as well as the policy areas of human rights and medicine....

  14. Geographies for Another History: Mapping the International Education of Architects from Colombia (1930–1970)

    OpenAIRE

    Giaime Botti

    2017-01-01

    The history of Colombian architecture is poorly understood. This article maps the educational geographies of over 200 Colombian architects between the late 1920s and 1970, examining the historical, geopolitical, and disciplinary shifts that contributed to the international advancement of Colombian architecture. In the 1940s mobility was reoriented from Europe to the USA, while in the 1950s Brazil supplanted these destinations, becoming the main Latin American pole for Colombian student archit...

  15. CYCLES AND CRISES: HISTORY AND MODERNITY (THE RESULTS OF THE INTERNATIONAL NOBEL ECONOMIC FORUM)

    OpenAIRE

    Borys I.KHOLOD; Anatoly O.ZADOYA

    2009-01-01

    The paper analysis the main features of crisis phenomena in the early 21st century taking into consideration the overlapping stages of different types of business cycle (short and medium terms). The authors evaluate different kinds of economic cycles from the viewpoint of both history and modernity on the basis of opinions formulated during the International Nobel Economic Forum ôWord Economy in the 21th Century: Cycles and Crisesö (held in September 2008 at Dnipropetrovsk, University of Econ...

  16. Custom: The Development and Use of a Legal Concept in the Middle Ages

    DEFF Research Database (Denmark)

    This volume, the fifth in the series, contains the proceedings from the conference Custom. The Development and Use of a Legal Concept in the Middle Ages held at the Law School at the University of Aarhus in May 2008. The volume covers topics from local case studies and studies of learned law...... to broader reflections on the development and use of the legal concept consuetudo and its connection with other sources of law, with the balance between local and regional power structures, and secular and ecclesiastical societies in medieval Europe. Combining the approaches of several historical disciplines...... - political, social, intellectual, and legal -international eminent scholars offer their views on central aspects of the function of legal customs and of the development of one of the most debated concepts in legal historiography of the last century. Students and scholars of European legal history and legal...

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

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

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

  18. (No) Limits to Anglo-American Accounting? Reconstructing the History of the International Accounting Standards Committee ; A Review Article

    OpenAIRE

    Botzem, S.; Quack, S.

    2009-01-01

    The development of the current International Accounting Standards Board (IASB) from the earlier International Accounting Standards Committee (IASC) provides insight into many issues of international financial reporting, among them the characteristics of international accounting standards themselves. This article reviews Camfferman and Zeff’s [Camfferman, K., & Zeff, S. A. (2007). Financial reporting and global capital markets. A history of the international accounting standards committee 1973...

  19. [A history of internal medicine: medical specialization: as old as antiquity].

    Science.gov (United States)

    Echenberg, Donald

    2007-11-28

    This article presents a short review of the history of medical specialization and the evolution of internal medicine within the last two centuries. Medical specialization, far from being a recent phenomenon, existed in the Hellenistic world and in Rome. The development of specialization during the latter part of the 19th century and early 20th century is credited to the rapid expansion of medical knowledge which made it impossible for a single doctor to encompass all the different spheres of the profession. The term innere medizin or internal medicine was adopted from German terminology in the 1880's. The Canadian society of internal medicine was formed in 1983 and its main goal is to promote a broad perspective of medical care and to master the complexity in medicine through a generalist approach.

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

    Science.gov (United States)

    Pelton, Joseph N.

    1996-02-01

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

  1. Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal Position

    Directory of Open Access Journals (Sweden)

    Verine Etsebeth

    2007-06-01

    Full Text Available When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this subject matter. On the one hand America does not afford any employee a reasonable expectation of privacy when it comes to the use of corporate computer resources and systems, while in contrast to this position the United Kingdom goes out of its way to protect each employee’s reasonable expectation of privacy. This paper will not only investigate the different approaches followed by some of the world-leader, but will also investigate the legal consequences embedded in each approach. This paper will ultimately enable the reader to judge for himself/herself which approach his/her country should follow while being fully informed of the legal consequences attached to the chosen approach.

  2. Legal Time of the Republic of Colombia and its international traceability using the Cesium Atomic Clock - Time and Frequency National Standard

    Science.gov (United States)

    Hernández Forero, Liz Catherine; Bahamón Cortés, Nelson

    2017-06-01

    Around the world, there are different providers of timestamp (mobile, radio or television operators, satellites of the GPS network, astronomical measurements, etc.), however, the source of the legal time for a country is either the national metrology institute or another designated laboratory. This activity requires a time standard based on an atomic time scale. The International Bureau of Weights and Measures (BIPM) calculates a weighted average of the time kept in more than 60 nations and produces a single international time scale, called Coordinated Universal Time (UTC). This article presents the current time scale that generates Legal Time for the Republic of Colombia produced by the Instituto Nacional de Metrología (INM) using the time and frequency national standard, a cesium atomic oscillator. It also illustrates how important it is for the academic, scientific and industrial communities, as well as the general public, to be synchronized with this time scale, which is traceable to the International System (SI) of units, through international comparisons that are made in real time.

  3. Seven law concepts on nuclear non-proliferation suggested by the International Group of Legal Experts (ILG)

    Energy Technology Data Exchange (ETDEWEB)

    Steen, G. [Djursholm (Sweden); Wredberg, L. [ILG Consultant LTD, Vienna (Austria)

    2001-03-01

    The ILG has worked as an independent group under the Swedish Support Programme on Nuclear Non-Proliferation in Central and Eastern Europe and Central Asia. The ILG's mission is concluded with this report. When developing the seven Law Concepts on national nuclear legislation that are presented in this report, the ILG has applied certain basic principles, which are firmly established in modern Western legislation. A summary of these principles is made here. They are essential cornerstones in laws and regulations that apply both to the nuclear industry and to other high technology areas, characterised by advanced safety and security requirements. Of essential importance is that the Operator alone is responsible for the fulfilment of requirements stipulated in laws and authority directives. The technical complexity of the nuclear industry and the far-reaching requirements on safety and security necessitate a qualified and complete national system of legislation and regulations. As all legislation in general, the nuclear legislation should be clear, easy to understand and give little room for misunderstandings and loopholes. It should also present the legally established requirements on safety and security in a form that facilitates the application and implementation by both state authorities, facility operators and individuals. The investigations of the causes of the Three Mile Island and Chernobyl accidents brought into focus the impact on nuclear safety from human failure. As a consequence, increased emphasis has since then been put on the development of an overall high safety culture in the nuclear field. It is recognised that a good safety culture also promotes the non-proliferation systems and safeguards measures and helps to reduce the risk of illicit trafficking. In a high safety culture environment, each individual facility employee has to be motivated and encouraged to carry out the assigned duties and responsibilities in accordance with rules and

  4. Seven law concepts on nuclear non-proliferation suggested by the International Group of Legal Experts (ILG)

    International Nuclear Information System (INIS)

    Steen, G.; Wredberg, L.

    2001-03-01

    The ILG has worked as an independent group under the Swedish Support Programme on Nuclear Non-Proliferation in Central and Eastern Europe and Central Asia. The ILG's mission is concluded with this report. When developing the seven Law Concepts on national nuclear legislation that are presented in this report, the ILG has applied certain basic principles, which are firmly established in modern Western legislation. A summary of these principles is made here. They are essential cornerstones in laws and regulations that apply both to the nuclear industry and to other high technology areas, characterised by advanced safety and security requirements. Of essential importance is that the Operator alone is responsible for the fulfilment of requirements stipulated in laws and authority directives. The technical complexity of the nuclear industry and the far-reaching requirements on safety and security necessitate a qualified and complete national system of legislation and regulations. As all legislation in general, the nuclear legislation should be clear, easy to understand and give little room for misunderstandings and loopholes. It should also present the legally established requirements on safety and security in a form that facilitates the application and implementation by both state authorities, facility operators and individuals. The investigations of the causes of the Three Mile Island and Chernobyl accidents brought into focus the impact on nuclear safety from human failure. As a consequence, increased emphasis has since then been put on the development of an overall high safety culture in the nuclear field. It is recognised that a good safety culture also promotes the non-proliferation systems and safeguards measures and helps to reduce the risk of illicit trafficking. In a high safety culture environment, each individual facility employee has to be motivated and encouraged to carry out the assigned duties and responsibilities in accordance with rules and regulations

  5. Second International Research Conference on the History of Arms and Armor in Kyiv, Ukraine

    Directory of Open Access Journals (Sweden)

    Denys Toichkin

    2016-12-01

    Full Text Available The present report provides a short description of a conference titled “Second International Research Conference on the History of Arms and Armor in Kyiv, Ukraine”. It was the second scientific conference dedicated to the study of historical weapons in Ukraine. A number of international experts in the field of historical arms and armor were invited to the conference. Each researcher had been asked to provide a short and a long article on a specific research subject. The short articles had already been published in a peer-review booklet that was handed out before the start of the conference. The long articles will be published together as a large collection of paper in future.

  6. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

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

  7. Values and ethical principles for practicing as magistrate/ legal advisor out of the perspective of the codes and national and international statements of principles

    Directory of Open Access Journals (Sweden)

    Marţian Iovan

    2016-10-01

    Full Text Available The coordinating and regulating role of the moral values, of the Deontological Code in practicing the magistrate/ legal advisor position is analysed in this article, so that their decisions correspond the universal imperative of practical accomplishment of justice, implicitly to the audience’s expectations with regard to the efficiency and efficacy of the services delivered by the institutions in the judicial system. The subject is of obvious actuality, fact which results in the existence of a relevant number of cases of violation, deforming of the ethical principles, of the specific deontological norms for the legal advisors, especially for the magistrates, which occur in performing the act of justice. The author highlights through examples, the harmful effects of some magistrates’ side-slipping from the ethical principles (Independence, Impartiality, Integrity stipulated in the most important deontological codes, statements of principles or national and international conventions. The logical conclusion, resulting from the analyses, aims to perfection the judicial system, the moral part of the legal higher education, of the magistrates’ continuous training and assessment.

  8. Innovative Use of the Law to Address Complex Global Health Problems Comment on "The Legal Strength of International Health Instruments - What It Brings toGlobal Health Governance?"

    Science.gov (United States)

    Walls, Helen L; Ooms, Gorik

    2017-05-20

    Addressing the increasingly globalised determinants of many important problems affecting human health is a complex task requiring collective action. We suggest that part of the solution to addressing intractable global health issues indeed lies with the role of new legal instruments in the form of globally binding treaties, as described in the recent article of Nikogosian and Kickbusch. However, in addition to the use of international law to develop new treaties, another part of the solution may lie in innovative use of existing legal instruments. A 2015 court ruling in The Hague, which ordered the Dutch government to cut greenhouse gas emissions by at least 25% within five years, complements this perspective, suggesting a way forward for addressing global health problems that critically involves civil society and innovative use of existing domestic legal instruments. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  9. Some legal aspects related implementation at Brazil of the International Atomic Energy Agency recommendations related to radiation protection

    International Nuclear Information System (INIS)

    Mezrahi, Arnaldo; Matos, Gilberto Cardoso de; Wieland, Patricia

    2002-01-01

    The National Nuclear Energy Commission (CNEN) - the Brazilian nuclear regulatory authority- applies the basic guidelines regarding Radiation Protection (CNEN standard NE-3.01) in force since June 1988, for the licensing and control of nuclear, industrial, medical and research facilities, as well as for the safety of sources and for radioactive material transportation. In 1996, the IAEA published a new recommendations that established patterns for protection against ionizing radiation and for the safety of radiation sources and recommended Member States to adopt them. The adoption of the IAEA document, namely Safety Series 115, by a member state, does not imply to follow the whole text. The application of IAEA recommendations, contained in its documents, should take into consideration the autochthonous characteristics of each Member State. The Safety Series 115 has a very broad scope involving recommendation to countries at different development stages, especially those that do not even have a nuclear regulatory authority. In the specific case of Brazil, besides its advanced technological level, there exists a very complex and effective legal framework that hinders the establishment of norms and regulations regarding radiation protection guidelines. Therefore the direct application of the IAEA's recommendations requires a very careful legal evaluation in order to avoid conflicts of competence and duplication of efforts among the different involved authorities. This paper presents some of the important legal aspects especially in what concerns CNEN's competence, which is responsible for the issuance of the new radiation protection guidelines in accordance with the legislation. (author)

  10. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  11. Contemporary Legal Issues in Electronic Commerce in Nigeria

    Directory of Open Access Journals (Sweden)

    TI Akomolede

    2008-10-01

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

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

    Science.gov (United States)

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

    2016-01-01

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

  13. The Economic Nature of Factoring and its Legal Manifestation in the Bulgarian Legislation and the Convention on International Factoring

    Directory of Open Access Journals (Sweden)

    Emilia P. DIMITROVA

    2011-03-01

    Full Text Available The factoring is a sophisticated financial technique and management service designed to facilitate the use of trade credit. This article illustrates the basic factoring services and namely: financing, credit protection, accounting (ledgering and collection of receivables. It is emphasized, that factoring as a legal phenomenon includes two contracts: a contract for sale of goods or for supply of services between the supplier and its customers (debtors, on the one hand, and a factoring contract between the supplier and the factor, on the other hand.

  14. The Reluctance of Civil Law Countries in Adopting “the Without Breach of Peace” Standard of UCC Article 9: Evidence from National and International Legal Instruments Governing Secured Transactions

    DEFF Research Database (Denmark)

    Gikay, Asress Adimi; Stanescu, Catalin Gabriel

    2017-01-01

    been shaped by courts on a case-by-case basis. In reforming their secured transactions laws and to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement....... This article concludes that the alternatives of the “without breach of peace” standard prevailing in continental legal systems undermine the privilege of the secured creditor, pose enforcement problems (such as uncertainty of creditors’ rights and possible abuses against consumer debtors), and restrain out...... international legal instruments), this article demonstrates that continental European legal systems are generally apprehensive with the “without breach of peace” standard. Thus, they are reluctant to transplant it to their legislation and try to either modify it or replace it with different legal requirements...

  15. The legal regime governing the peaceful uses of nuclear energy. II. International Regulations. Pt.1. Regulations on peaceful uses

    International Nuclear Information System (INIS)

    1979-12-01

    The first volume on atomic energy law published by CNEN reproduced national laws and regulations in that field. This book constitutes part one of the second volume and deals with international nuclear conventions and cooperation as at 30 June 1978. It reproduces the instruments and conventions which set up the international nuclear agencies, recommendations in the field of radiation protection and nuclear safety, the nuclear third party liability conventions, the international instruments concerning technical and scientific cooperation and finally, the bilateral cooperation agreements between Italy and other nations and its agreements with international organizations (NEA) [fr

  16. 78 FR 66422 - Appointment of Members of the Legal Division to the Performance Review Board, Internal Revenue...

    Science.gov (United States)

    2013-11-05

    ... Counsel (Operations) 2. Laurel Robinson, Deputy Division Counsel (Large Business & International) 3. Debra... Counsel (Passthroughs and Special Industries) 5. Andrew Keyso, Associate Chief Counsel (Income Tax...

  17. ECONOMIC AND LEGAL ASPECTS OF CREATION OF AN INTERNATIONAL FINANCIAL CENTER AS IMPORTANT CIS AND EVRASES COUNTRIES INTERGATION FACTOR

    Directory of Open Access Journals (Sweden)

    V. S. Balabanov

    2011-01-01

    Full Text Available The process of forming in Moscow a regional (to be in future transformed into a global international Single Economic Space (SES financial center should become for the Commonwealth of Independent States (CIS and Euroasian Economic Community (EvrAsES countries an universal integration instrument to be used to create their common economic and commercial space. The international center along with SES national financial centers will form an internationally competitive polycentric financial network with single institutional (regulatory, law, customs, etc.agreements. A mechanism should be formed to attract countries outside Customs Union to participate in creation of the international financial center.

  18. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  19. Geographies for Another History: Mapping the International Education of Architects from Colombia (1930–1970

    Directory of Open Access Journals (Sweden)

    Giaime Botti

    2017-06-01

    Full Text Available The history of Colombian architecture is poorly understood. This article maps the educational geographies of over 200 Colombian architects between the late 1920s and 1970, examining the historical, geopolitical, and disciplinary shifts that contributed to the international advancement of Colombian architecture. In the 1940s mobility was reoriented from Europe to the USA, while in the 1950s Brazil supplanted these destinations, becoming the main Latin American pole for Colombian student architects, and the Brazilian modernist repertoire was subsequently diffused in Colombia. This article revises long-held ideas about the architectural historiography of Colombia, expanding the geographical scope of the country’s leading architects to reveal the significance of the Americas in their education.

  20. Internally heated mantle convection and the thermal and degassing history of the earth

    Science.gov (United States)

    Williams, David R.; Pan, Vivian

    1992-01-01

    An internally heated model of parameterized whole mantle convection with viscosity dependent on temperature and volatile content is examined. The model is run for 4l6 Gyr, and temperature, heat flow, degassing and regassing rates, stress, and viscosity are calculated. A nominal case is established which shows good agreement with accepted mantle values. The effects of changing various parameters are also tested. All cases show rapid cooling early in the planet's history and strong self-regulation of viscosity due to the temperature and volatile-content dependence. The effects of weakly stress-dependent viscosity are examined within the bounds of this model and are found to be small. Mantle water is typically outgassed rapidly to reach an equilibrium concentration on a time scale of less than 200 Myr for almost all models, the main exception being for models which start out with temperatures well below the melting temperature.

  1. International Conference on Legal Medicine and Forensic Sciences 8th Cross Channel Conference- Forensic Sciences Recent Developments

    Directory of Open Access Journals (Sweden)

    Yasemin Günay Balcı

    2004-12-01

    Full Text Available International Conrefence on Legal Medicine and Forensic Sciences, 8th Cross Channel Conference (Uluslararası Adli Tıp ve Adli Bilimler Üzerine Konferans, 20-24 Nisan 2004 tarihleri arasında Belçika-Brugge'de yapıldı. Konferans ana başlığı “Adli Bilimler-Son Gelişmeler” şeklinde idi. Konferansı organize eden kuruluşlar; -\tBelçika Adli Tıp Topluluğu, -\tFransa Adli Tıp ve Kriminoloji Topluluğu, -\tFlollanda Adli Tıp Topluluğu, -\tIngiltere Adli Tabipler Birliği idi. Kongrenin ilk iki günü “Çalıştay (Workshop” şeklinde toplantılar vardı. Çalıştay konuları; -\tAntropoloji-Yanmış Kemikler ve Adli Antropolojide Mikroskobik Çalışma -\tAdli Tıp ve Adli Bilimlerde Kalite Güvencesi -\tMultidisipliner Ekip içinde Adli Diş Hekimliği -\tFasial rekonstrüksiyon ve Restorasyon idi. Bunlardan “Adli Tıp ve Adli Bilimlerde Kalite Güvencesi” başlıklı çalıştay katılım azlığı nedeniyle iptal edilmişti. “Antropoloji-Yanmış Kemikler ve Adli Antropolojide Mikroskobik Çalışma” konulu çalıştay uygulamalı olup, katılımcılar kemik dokusundan mikroskobik inceleme için manuel olarak, ucuz ve kısa sürede préparât hazırlamayı öğrendiler. Tüm katılanlar kendi hazırladıkları en az 3 preparatla ülkelerine ya da birimlerine döndüler. Yine katılımcılar elde ettikleri bu beceri ile kendi çalıştıkları birimlerde, oldukça ucuz maliyetle mikroskobik inceleme için kemik preparatı hazırlama laboratuvarı oluşturabilecek durumda olmanın sevincini yaşadılar. Kolay ve oldukça güzel sonuç alıcı bu yöntem kimliği belirsiz kemiklerde kemik yenilenme durumuna göre yaş tayini gibi adli kemik incelemeleri yanı sıra, örneğin ortopedi ameliyatlarında tümör özelliğinin belirlenmesi gibi kemikten acil mikroskobik inceleme gereken durumlarda da kullanılabilir. “Multididipliner Ekip içinde Adli Diş Hekimliği” konulu çahştayda adli diş hekimliğine yakla

  2. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

    This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

  3. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

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

  4. Reforming Copyright in the Context of Exercise of the Human Right to Free Expression on the Internet: An Actual Problems of the Modern International Legal Politics

    Directory of Open Access Journals (Sweden)

    Irina V. Shugurova

    2015-12-01

    Full Text Available The authors discuss major trends in the area of reforming of copyright in the light of full exercise of internationally recognized human right to expression regarding the digital environment, especially the Internet, and demonstrate the significant situation when intellectual property rights, mainly author’s exclusive rights, build a lot of troubles for the information human rights. The article also looks at the changes in the understanding the relation between copyright and the human right to freedom of expression and information on the Internet. Much attention is paid to new moments in the modern doctrine of intellectual property that is inspired by process of digitization of author’s rights. There is conducted the approach to addressing copyright as one of the digital human rights resulted from property rights and right of creators to protection of their moral and economic interests. However, authors of the article departure from postulate that copyright is the human rights to a certain degree only. Moreover, this article examines the international legal approach to seeking the balance between the human right to freedom of expression, opinion and information, on the one hand, and copyright, especially as regards the Internet, on the other hand. There has been argued that key role in elaborating and adopting the principled standards in this sphere belongs to international law, including international law of human rights. In addition, the latter, as authors have ascertained, must correspond to international law of intellectual property rights, international information law, and international competition law. The study focus on various aspects of solving the problem of adapting copyright to the digital environment.

  5. A Short History of International Business in Italy: What We Know and How We Know It

    Directory of Open Access Journals (Sweden)

    Veronica Binda

    2016-07-01

    Full Text Available This article is a voyage through the history of international business in Italy, one which takes contemporary studies and, in particular, studies conducted over time by business historians from the Italian Unification until the present day, into account. After a brief introduction, the first part of the article is devoted to an analysis of the literature, especially focusing on the early studies conducted on foreign capital until World War Two, on the investigations done in the second part of the twentieth century, and on the most recent trends and contributions in research. The second part of the article deals, in a stylised way, with a very short summary of the principal information that we have attained on foreign direct investments in the country, with a special focus on international business in Italy before the Great War, in the inter-war years, until the 1980s, and in the most recent decades. Finally, the conclusions indicate the possible main directions for future research in this field.

  6. The role of legal regulation and place of international organisations in transport companies’ development at foreign market

    Directory of Open Access Journals (Sweden)

    Oleh Lyashuk

    2016-12-01

    Full Text Available The article deals with the analysis of the market of international trucking transport companies. The study is based on statistics and works of domestic and foreign scholars on the issue of current state and prospects of market development. Dedicated dynamics and structure of international trucking market, features of export, import and transit trucking. Identified the main priorities for the development and growth of the market.

  7. Imaginary on International Migrants’ Human Rights in the Legal System: Some Limitations to the Principle of Universality in the Case of Argentina

    Directory of Open Access Journals (Sweden)

    Anahí Patricia González

    2017-06-01

    Full Text Available The purpose of this study is to analyze social representations of members of the legal system about human rights of international immigrants arrived to Argentina in the second half of 20th century. A qualitative methodological strategy was implemented; semistructured interviews to members of the legal institution of Buenos Aires metropolitan area were used. The interviews were transcribed and processed with qualitative criteria by implementing the Strauss and Corbin's (2002 methodology. This article analyses two relevant dimensions: citizens’ rights and migration policies. Among the main findings in the discourse of the subjects interviewed, it can be said that negative social representations about foreign people and their arrival to the country prevail. Even though there is a gradient of opinions whose extremes meet. On the one hand, there are those affirming equality (formal in the access to all rights for native and migrant population. On the other hand, there are those who propose the priority of access to these rights for native subjects. The principle of universality from a human rights perspective is dwarfed when compared to the position of those who consider the migration control, the restriction of the arrival of migrants, and the closure of national borders as essential

  8. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

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

  9. Certain Legal Aspects of the Himalaya Clause in the Contract of International Carriage of Goods by Sea A critical perspective on legal challenges raised by the clause under international uniform law and general contract law principles

    OpenAIRE

    Blaskovic, Igor

    2013-01-01

    Description of the Himalaya clause and its benefits; considerations on benefits for third parties over international uniform law; observations on construction of the clause under the model of the contract for the benefit of a third party; remarks on circular indemnity clauses; application of rules of exclusion of liability to Himalaya clause; conclusion.

  10. The Role of Internal Control as a Part of Internal Audit in Implementation as the Legal Service Agency (Case Study in Haluoleo University, Indonesia)

    OpenAIRE

    Nitri Mirosea; Hasbudin

    2012-01-01

    The report analyses the role of internal control as a part of the internal audit function in Haluoleo University. The aim behind this study is to give conclusion and recommendations to improve the performance of internal audit unit in order to support the good governance of the university. The recommendation if delivered can be a strong contribution of strength for the university to add value and for the responsibility to the stakeholders. The research was delivered through questionnaires, in...

  11. State and legal regulation of refugees’ and asylum seekers’ migration in EU as institutional basis of management of international migrations

    Directory of Open Access Journals (Sweden)

    V.V. Ievdokymov

    2017-12-01

    Full Text Available According to the analysis of World Bank data on the dynamics of migration indicators in Europe and Fragile State Index data the authors determine the groups of EU countries in geo-economic risk, which forms the pushing factors in the refugee flow formation. The geographic structure of refugees’ migratory flows to the EU is analyzed and the migration corridor dynamics is determined, in particular, it is found out that the overwhelming majority of refugees arrive to the EU through the Central and Eastern Mediterranean channels. In addition, It is determined that strengthening military and political instability in Africa and the Middle East, the tight policies and institutional mechanisms for crossing the EU's borders cause the increased flows of illegal migrants entering the EU in dangerous ways, in particular through the Mediterranean Sea, where a significant number of such persons, especially women and children, die. In addition, EU countries are structured by their migration policies (views on immigration, using of quantitative restrictions on immigration including highly skilled workers. As a result of the legal document study, the authors establish the system of documents identifying the institutional frameworks for the refugees’ and asylum seekers’ migratory flow management.

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

    Science.gov (United States)

    da Justa Neves, Diana Brito; Caldas, Eloisa Dutra

    2015-10-01

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

  13. Legal aspects of the control and repression of illicit trafficking of nuclear and other radioactive materials. Is there a need for an international convention?

    International Nuclear Information System (INIS)

    Spence, Scott

    2012-01-01

    It is generally recognised that illicit trafficking of nuclear and other radioactive materials is a serious problem, and one that must be tackled with a comprehensive response involving national governments as well as a number of intergovernmental organisations including the International Atomic Energy Agency (IAEA). The IAEA notes that 1 773 incidents were reported to its Illicit Trafficking Database, or ITDB, between January 1993 and December 2009, and that 351 of these involved '... unauthorized possession and related criminal activities' such as '... illegal possession, movement or attempts to illegally trade in or use nuclear material or radioactive sources'. The IAEA adds that 222 more incidents were confirmed between July 2009 and June 2010 and concludes that: - the availability of unsecured nuclear and other radioactive material persists; - effective border control measures help to detect illicit trafficking, although effective control is not uniformly implemented at all international border points; and - individuals and groups are prepared to engage in trafficking this material. A disturbing trend is trafficking in particularly sensitive regions of the world, such as in countries that were formerly a part of the former Soviet Union. In November 2010, Georgian officials seized four individuals allegedly trying to sell cesium-137, which though fairly common can be used to make a radiological dispersion device (RDD) or 'dirty bomb'. This closely followed a court case in Georgia involving Armenian nationals who had attempted to sell weapon-grade plutonium. More recently, in June 2011, Moldovan police arrested six individuals suspected of trafficking in uranium-235. In view of the problem, this paper considers whether an international convention specifically targeting illicit trafficking is needed or not. The paper does not go conceptually beyond the legal aspects of controlling and repressing illicit trafficking; rather, it will look at whether the existing

  14. Harmonisation (legal, dosimetric, quality aspects) of individual monitoring, and integration of monitoring for external and internal exposures (EURADOS working group)

    International Nuclear Information System (INIS)

    Lopez, M.A.; Currivan, L.; Falk, R.; Olko, P.; Wernli, C.; Castellani, C.M.; Dijk, J.W.E. van

    2003-01-01

    The EURADOS Working Group II on 'Harmonisation of individual monitoring' consists of experts from almost all EU Member States and Newly Associated States (NAS), involved in tasks related to the assessment of doses for internal and external radiation. The final objective is to achieve harmonisation in individual monitoring for occupational exposures. Sub-group 2 activities are focused on investigating how the results from personal dosemeters for external radiation and workplace monitoring and from monitoring for internal exposure can be combined into a complete and consistent system of individual monitoring. Three questionnaires were prepared, covering Individual monitoring of external radiation (Questionnaire 1), 'Internal exposure' (Questionnaire 2) and 'Natural sources of radiation at workplace' (Questionnaire 3). With the agreement of a 'contact-person' selected in each country, the distribution of the three EURADOS 2002 questionnaires was carried out by e-mail among the dosimetry facilities of 28 European countries. The preliminary results of these actions are presented here. (author)

  15. New York City International Polar Weekend at the American Museum of Natural History

    Science.gov (United States)

    Pfirman, S.; Turrin, M.; Macphee, R.

    2008-12-01

    The American Museum of Natural History, in partnership with Lamont-Doherty Earth Observatory and the Earth Institute of Columbia University and Barnard College, is featuring the International Polar Year through a New York City International Polar Weekend (NYC-IPW) in 2007, 2008 and 2009. The event showcases current polar research, polar environmental changes, history and culture during two days of family programs and activities, performances, and lectures. The goal of the NYC-IPW is to engage diverse audiences and enhance the public understanding of polar science, in particular IPY research, through close interactions with polar experts. Activities for the public include many disciplines, ranging from the physical sciences and cultural anthropology to music and art, and are presented in many forms, from lectures, panels and films to posters and play. Highlights of the NYC-IPW include: 1) A polar fair for youth and adults, showcasing scientists, artists, and educators who have worked at one or both poles and including many interactive exhibits featuring such topics as life in New York at the end of the last Ice Age, how Arctic sea ice is changing, and life on and under the ice. 2) Performances and presentations oriented towards children and families, including Inuit Throat Singers, Central Park Zoo Theater Group, and a northern lights show. 3) Lectures showcasing current IPY research and addressing such issues as the possible effects of climate change on the poles and the rest of the world, as well as polar poetry, art and film. 4) A partnership with New York City Urban Advantage program for Middle School students in the city to meet with scientists, teachers and students who had participated in polar research and travel. 5) Norwegian Consulate sponsorship of science presenters and Sami performers. The March 2007 event involved 85 presenters and volunteers from 22 institutions, and attracted ca. 3,500 visitors. Approximately 5,000 visitors attended the February 2008

  16. Legal Framework and Mechanism of Marine Fisheries Subsidies in the Aspects of International Trade and Sustainable Development

    OpenAIRE

    Adijaya Yusuf; Melda Kamil Ariadno; Arie Afriansyah

    2015-01-01

    Issues in fisheries have been regulated in various International conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequen...

  17. [Recent history: 12th International Conference on Cancer, Buenos Aires, Argentina, 1978].

    Science.gov (United States)

    Spinelli, Hugo

    2014-04-01

    Using the approaches of history of the present, this article recovers the discussions surrounding the 12th International Conference on Cancer carried out in Buenos Aires in 1978, in reaction to which Georges Périès organized a "counter-conference" in Paris. In order to understand this discussion, the political situation of the time is described, as is the state of human rights at the time in Argentina, the role of the media - in particular the newspapers La Nación and Clarín and the magazine Gente - and the institutional position adopted by the National Academy of Medicine, as expressed in a letter sent to the presidents of the primary scientific societies of the world. The letter is reprinted in this text as a documentary source, taken from Memoria: Año 1978 (Presidencia de Dr. José E. Rivarola) [Acta: Year 1978 (Presidency of Dr. José E. Rivarola)]. The framework of the discussion makes reference to science's social policy versus science's supposed neutrality and the role of scientific societies.

  18. History and current activities of the International Diabetes Federation-Western Pacific Region (IDF-WPR).

    Science.gov (United States)

    Baba, S

    1994-10-01

    International Diabetes Federation (IDF) is one of the biggest non-governmental organizations with its 44-year history since 1950. In 1993, 114 diabetes associations in 96 countries participated in the IDF. In 1982, it was decided to divide the globe into seven regions and to promote the diagnosis, treatment, care and education of diabetes based on the environment, natural features, culture and race of the each region. On January 24, 1984, the IDF-WPR establishment meeting was held in Melbourne, Australia, with eight original member countries (Australia, New Zealand, Korea, The Philippines, Malaysia, Singapore, Fiji and Japan). In 1993, 13 diabetes associations in 12 countries joined the IDF-WPR. New member associations are from China (Beijing and Taipei), Hong Kong, Papua New Guinea and Indonesia. The IDF-WPR has been holding congresses and council meetings every 3 or 4 years since 1984 as well as formulating strategic action plans in the scientific, clinical, health care and education fields of diabetes.

  19. Memorandum from the HR and FI Departments and the Legal Service concerning the annual certificate of internal taxation for 2006

    CERN Multimedia

    2007-01-01

    This memorandum follows on from the one published in Bulletin No. 10-11/2007 on 5 March 2007. Pursuant to the Staff Rules and Regulations in force in 2006 (Article R IV 2.04), an annual certificate of internal taxation for the 2006 financial year has been drawn up for members of the personnel. This certificate notably states the total amount of remuneration, payments and other financial benefits received by the member of the personnel concerned, as well as the amount of internal tax levied by the Organization for the same period. The annual certificate of internal taxation for 2006 is now available. If you are currently a member of the CERN personnel you will have received an e-mail containing a link to your annual certificate, which you may print, if necessary*. You can also access your annual certificate via http://hrt.cern.ch (open 'My Payslips' at the bottom of the main menu.) If you are no longer a member of the CERN personnel or are unable to access your annual certificate in the manner indicate...

  20. The early history (1909-1961) of Epilepsia, the journal of the International League Against Epilepsy, and its echoes today.

    Science.gov (United States)

    Shorvon, Simon

    2007-01-01

    This paper records the history of Epilepsia, the journal of the International League Against Epilepsy, from its inception in 1908/1909 until the beginning of its fourth series in 1961. During this time, publication was interrupted on three occasions and so the journal appeared in four series, with a complex numbering system. Over the years, the content and format of the journal has varied. Its role has changed over the years, at times primarily as a scientific organ and at other times as a source of ILAE news and reports. Concerns throughout its history have included its role as an historical record, its international representation, financial vicissitude, quality of papers, the balance between basic and clinical science, the value of clinical papers, and issues of overspecialization. Epilepsia is today the leading clinical epilepsy journal; but these are still significant concerns, and a knowledge of the history of Epilepsia is important for understanding the current position of the journal.

  1. LEGALIZACIONES Y TRADUCCIONES OFICIALES EN CHILE: DOS ANACRONISMOS ANTE EL COMERCIO INTERNACIONAL MODERNO LEGALIZATION OF DOCUMENTS AND OFFICIAL TRANSLATIONS: TWO ANACHRONISMS BEFORE MODERN INTERNATIONAL COMMERCE

    Directory of Open Access Journals (Sweden)

    José Miguel Ried Undurraga

    2008-01-01

    international commerce and economic integration, goals which Chile intends to achieve. The author proposes simple solutions that may represent an advance in these matters. Regarding the legalization of public documents granted abroad, this work includes a study on The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of October, 1961, and the feasibility of its implementation in Chile, taking into consideration the international experience. Our country's entering into this convention, would imply a great simplification of the document legalization paperwork currently required in Chile, which is usually long and cumbersome. Regarding the translations requirement, this paper analyzes the requirements that different public Chilean entities have set forth on this matter, proposing alternatives that may hasten the filing of documents written in other languages. This may be of special relevance when considering that these documents are usually required in connection with judicial procedures, public bidding processes and commercial transactions, which commonly are subject to tight time frames.

  2. WHO FCTC as a Pioneering and Learning Instrument Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

    Science.gov (United States)

    Puska, Pekka

    2017-05-23

    The World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) is a unique global health instrument, since it is in the health field the only instrument that is international law. After the 10 years of its existence an Independent Expert Group assessed the impact of the FCTC using all available data and visiting a number of countries interviewing different stakeholders. It is quite clear that the Treaty has acted as a strong catalyst and framework for national actions and that remarkable progress in global tobacco control can be seen. At the same time FCTC has moved tobacco control in countries from a pure health issue to a legal responsibility of the whole government, and on the international level created stronger interagency collaboration. The assessment also showed the many challenges. The spread of tobacco use, as well as of other risk lifestyles, is related to globalization. FCTC is a pioneering example of global action to counteract the negative social consequences of globalization. A convention is not an easy instrument, but the FCTC has undoubtedly sparked thinking and development of other stronger public health instruments and of needed governance structures. © 2018 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  3. CRIMINALIZATION AND PROSECUTION OF HUMAN TRAFFICKING IN ETHIOPIA: ASSESSING THE LEGAL FRAMEWORK IN LIGHT OF INTERNATIONAL STANDARDS

    Directory of Open Access Journals (Sweden)

    Z.Sh. Woldemichael

    2017-01-01

    Full Text Available As is the case in many countries, in Ethiopia human trafficking causes multi-dimensional harmful consequences on individuals. With a view to addressing the problem, in 2012 Ethiopia acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. For the purpose of translating the requirements of the UN Trafficking Protocol into reality, the government has taken various steps including legislative measures. Proclamation No. 909/2015 (Prevention and Suppression of Trafficking in Persons and Smuggling of Migrants Proclamation is the most recent law adopted to deal with smuggling of migrants and human trafficking. The Proclamation comprises four key aspects: criminalization and prosecution; prevention; protection, rehabilitation and compensation; and cooperation. This article critically examines whether the criminalization and prosecution aspect of the Proclamation complies with international standards.

  4. A survey of the existing international legal rules on the dumping of radioactive waste into the sea

    International Nuclear Information System (INIS)

    Cornelis, J.C.

    All nuclear activities generate radioactive wastes and, in the context of the problems raised by such wastes, the author analyses the international rules regulating their safe disposal into the sea and the motives underlying their elaboration. The review therefore covers the London Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matter, together with the IAEA provisional definition and recommendations in this respect, and the recently adopted OECD Multilateral Consultation and Surveillance Mechanism for Sea Dumping of Radioactive Waste. It is emphasized that while the London Convention deals with a wide range of products, the OECD Mechanism deals solely with radioactive waste. Finally, consideration is given to whether the Paris Convention and the Euratom Treaty may be of relevance in this field. (NEA) [fr

  5. Programs and Practices: Students' Historical Understandings in International Baccalaureate, Advanced Placement and Regular World History Courses

    Science.gov (United States)

    Ryter, Di

    2015-01-01

    World history has become increasingly important and has often been a required course for high school students in the United States. This multi-case study provides examples and descriptions of students' demonstration of historical understandings. It also includes multiple perspectives and experiences of world history students and teachers, and…

  6. From Internal Unravelling to Transnational Assembling: Histories of Education in Mexico

    Science.gov (United States)

    Rockwell, Elsie

    2014-01-01

    Ways of talking about social histories tend to follow social realities as well as personal inclinations. The very terms we use reflect and refract particular histories. The authors of our sources foretold many concepts as they carved out the domains and marked the paths later historians were to follow in their attempt to understand the past. It is…

  7. Using history of physics as a media to introduce and internalize characters values in physics instruction

    Science.gov (United States)

    Hindarto, N.; Nugroho, S. E.

    2018-03-01

    One important impact in the education process is the formation of one's attitude. A person's attitude is a manifestation of the value of a person's existing character. In the education process at school, the introduction and planting of character values can be integrated with the process of the schooling itself. The history of physics subject can be used in an integrated manner in the formation of attitudes simultaneously with the subject studied, so do inphysics learning. To know the utilization of the history of physics in integrating the character values in line with the process of physics learning, has been done a research to physics teachers at the physics teacher working group (known as MGMP Fisika) in Semarang city. The teachers have various perceptions toward the history of physics, at least the history of physics could be complemented to the physics, but they have not realized the usefulness of the history of physics in relation with the character education. Only about 42% of the physics teachers studied harnessed the history of physics for the development of education character attitudes integrated with the learning of physics itself. To achieve this goal physics teachers should carefully choose the right expression when explaining the phenomena and theories of physics. Recognizing the importance of the history of physics in a comprehensive physics learning, not just only to emphasize in the cognitive aspect, it is necessary to strengthen the mastery of physics history for prospective teachers and physics teachers through various ways.

  8. Heritage (Erfgoed) in the Dutch Press : A history of changing meanings in an international context

    NARCIS (Netherlands)

    Ronnes, H.; van Kessel, T.

    2016-01-01

    Since the 1990s, the Dutch equivalent for “heritage,” erfgoed, has become a buzzword in the Netherlands. Often presented as a neologism, little attention is paid to the term’s longer history. Th is article traces the history through a survey of digitized newspapers from 1700 to 1975, revealing

  9. Introduction: A brief journey through the 80 year history of the International Association of Schools of Social Work

    Directory of Open Access Journals (Sweden)

    2008-07-01

    Full Text Available The leaders of the International Association of Schools of Social Work (IASSW have played major roles in shaping the organization over its 80 year history. This brief introduction will put their roles in the context of the organization’s history. While influenced by its presidents in significant ways, the organization’s trajectory has also been affected by the political, economic and social developments of the 20th century and the beginning of the 21st. Significant changes have occurred in the organization and in social work education, yet, as Feustel (2006 observed, “the history of the IASSW demonstrates lines of continuity that are even more remarkable for the fact that it was caught up in the great historical ruptures of the 20th century” (p. 3.

  10. International symposium on the history of mining and metallurgy. Internationales Symposium zur Geschichte des Bergbaus und Huettenwesens

    Energy Technology Data Exchange (ETDEWEB)

    Waechtler, E; Engewald, G R [eds.

    1980-01-01

    The VII. International Symposium took place in Freiberg and Reinsberg, in the German Democratic Republic, from September 4-8, 1978. The Symposium was organized by the Executive Committee of the International Committee on the History of Technology (ICOHTEC) and was attended by 77 participants from 14 countries in Eastern and Western Europe as well as USA and Canada. A total of 51 papers were published and 30 talks were held and analyzed in discussions. The papers dealt with selected topics on the history of the mining and metallurgical industries, primarily from the fifteenth century to the twentieth century. The topics concern the development of science, of new mining and metallurgical equipment and processes, innovation in mines, increase in productivity, improvement in working conditions, economic progress and economic crisis, social aspects of the labor force and trade union movements in major mining countries. An excursion to a brown coal surface mine was organized in conjunction with the Symposium. (In German)

  11. The History of Archaeology as Seen Through the Externalism-Internalism Debate: Historical Development and Current Challenges

    Directory of Open Access Journals (Sweden)

    Oscar Moro Abadía

    2009-11-01

    Full Text Available While internalism and externalism are nothing more than two categories coined by historians of science during the 1960s (for an introduction to the internalism-externalism debate, see: Basalla 1968; Lakatos 1970; Ben-David 1971; Agassi 1981; Morrell 1981 and Shapin 1992, they are terms often used by historians of archaeology to define the two different interpretations of the history of their discipline (e.g. Meltzer 1989: 17–18; Trigger 2001: 635; Schlanger 2004: 165–166; Trigger 2006: 25; Díaz-Andreu 2007: 4; Kaeser 2008: 10. Why have these terms proven to be so popular?

  12. The legal regime of nuclear materials supply and international safeguards laid down in the EURATOM treaty, and how it has been modified by subsequent practice

    International Nuclear Information System (INIS)

    Manig, W.

    1993-01-01

    Practice deviating from the authentic text of the EURATOM treaty is lawful only when based on official and accepted interpretation of the EURATOM treaty, or on amendment by accepted practice. According to Art. 204 of the Constituent Act, amendments require governmental consent and ratification. The chapters of the EURATOM treaty dealing with nuclear materials supply and nuclear safeguards have been made subject to simplified procedures of revision. The procedures of revision stipulated in the treaty do not altogether rule out amendment based on principles other than those stipulated. The European Communities do not have the status of a federation, so that Member States have a vital say in procedures for revision of the Communities' constituent acts. They have the right to initiate and adopt amendments by procedures not mentioned in the treaty. Constituent acts of international organisations, particularly of those endowed with supranational authority, like EURATOM, may only be modified if the interests of the organisation, normally safeguarded by its bodies, are left untouched. Amendments must not be put down in writing. There is the possibility of tacit amendment, if the common practice reflects a consensus among all parties concerned about the particular amendment. Such amendment by continuous, common practice is subject to the general constraints governing amendment of the constituent acts of the three European Communities (participation of the bodies of the organisation, acquis communautaire). The amendments relating to nuclear materials supply and the international safeguards which have been created by practice are in line with these provisions, as the Commission, the Council, Member States and the supply agency are practising the amended procedures, so that the amendments of chapters VI and VII of the Constituent Act of EURATOM, as expressed in practice, are legally effective. (orig./HP) [de

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

    Science.gov (United States)

    Gupta, Amar; Sao, Deth

    2011-01-01

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

  14. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  15. Structured communicative skills training for medical interns improves history taking skills on sensitive issues: An interventional study

    Directory of Open Access Journals (Sweden)

    Anupama Sukhlecha

    2016-01-01

    Full Text Available Background: Communication is a process that allows us to interact with other people. Medical professionals need to possess good communication skills for history taking, diagnosis, and treatment. Communicative skills are hardly taught in medical schools of India. The students are expected to learn them on their own. To address this issue, we introduced communicative skills training (CST for medical interns. Objective: Primary – To determine the effectiveness of CST in improving history taking on sensitive issues by medical interns. Secondary – To improve patients' satisfaction through improved communicative skills. Materials and Methods: This was a randomized control study carried out on medical interns at Jamnagar. The interns were randomized to either Group A or Group B. Intervention in the form of CST was given to Group A while Group B was control. The topic of CST was “eliciting sexual history.” Assessment of participants was done by pre- and post-intervention objective structured clinical examination. For ethical reasons, Group B was also given CST by experts after completion of our study but their results were not included for analysis. Results: Although mean scores increased in both the groups, (from 6.4 to 13.4 in the intervention group and from 6.5 to 7.5 in controls, the percent increase was much larger in the intervention group than controls (109% vs. 15%. Students gave a positive feedback to CST. Opinion of teachers was favoring CST. Among the patients allotted to intervention group, 83% were satisfied. Conclusion: CST imparted to medical interns helps in improving doctor–patient relationship.

  16. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

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

  17. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

    This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

  18. Belonging, Identity and Third Culture Kids: Life Histories of Former International School Students

    Science.gov (United States)

    Fail, Helen; Thompson, Jeff; Walker, George

    2004-01-01

    This article is based on a multiple case study which examines the lives of a group of 11 former international school students who all attended an international school between 20 and 50 years ago. The research design was based on a review of the literature on third culture kids and adult third culture kids, covering emotional and relational issues…

  19. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

    Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)

  20. Towards a Comparative and International History of School Testing and Accountability

    Science.gov (United States)

    Dorn, Sherman; Ydesen, Christian

    2014-01-01

    The speed and extent of modern school accountability have obscured the history of testing and accountability. This brief introduction identifies central themes of historical research into educational accountability and recurring traits associated with accountability practices. We hope our colleagues and this special issue will also help to…

  1. FATF as international law institute

    Directory of Open Access Journals (Sweden)

    І. Б. Кудас

    2013-10-01

    Full Text Available The article is devoted to the history of creation, analysis of the legal bases of activity, forms of decision-making, control over their implementation, measures of impact on the national banking system «of the Task force on financial measures in the sphere of money laundering». In article also addressed the question of the modern status of international bodies in the system of subjects of international law.

  2. STUDY ON THE CROSS WAR FOR INTERNALIZING VALUES OF TOLERANCE IN HISTORY LEARNING

    Directory of Open Access Journals (Sweden)

    Jossapat Hendra Prijanto

    2017-05-01

    Full Text Available As we know that history is series of events that occurred which its presence must be motivated by specific causes. History does not appear immediately and stand alone without anyone arousing it. It can be said that history has a prologue and epilogue, because not all of the events that happened in the past can be recorded by history. In this topic being discussed, a crusade became the reality of the history of mankind, which had taken more or less for two hundred years. The War was the greatest conflict of two religions in the world which was between Islam that held the power at that time in part of Europe, North Africa and Asia, against the followers of Christianity who tried to seize the city of Jerusalem, which at that time ruled by Islam, the postscript is a holy city for them. Islam and Christianity are the major religions in the world that their religious teachings heavily loaded with the values of peace, tolerance and social relationships. Both in the Qur'an and Gospel, there are a lot of passages of calls for tolerance, peace and social relations. This creates a question, why the war should happen, in terms of Islam encountered in a call for dialogue with the People of the Book in a good way, as well as in Christianity which is expressed as a neighbor. Islam also considers that the Christians are a people who are closest to the Islamic ummah, and both religions actually are brothers, free from hostility and enmity.

  3. In the context of both International law and the application of Islamic Sharia Law, how effective have Kuwait and the Kuwaiti legal system been in addressing, preventing and combating human trafficking?

    OpenAIRE

    MEZHI MEJBEL MEZHI BATHAL ALRASHEDI, ALI

    2017-01-01

    This thesis answers the question of how effective Kuwait and the Kuwaiti legal system have been in addressing, preventing, and combating human trafficking in the context of both international law and the application of Islamic Sharia Law (ISL). The thesis is concerned with trafficking in persons with a particular focus on trafficking to exploit labour in Kuwait as compared to the five other Arab countries in the Gulf Cooperation Council (GCC). The GCC countries are parties to the main interna...

  4. International College of Dentists-USA Section: a brief history, 1934-2011.

    Science.gov (United States)

    Shaffer, Richard G; Galeone, Richard J

    2011-01-01

    Inspiration for the International College of Dentists can be traced to a Tokyo dinner in 1920, with the College being founded in 1927 and the USA Section following in 1934. The College has always held a focus on international relations and service. The USA Section has also developed a firm commitment to leadership. The origins of the College are traced in this article, and the organizational structure and a sampling of its many programs are also presented.

  5. 50th Anniversary International Medical Informatics Association (IMIA) History Working Group and Its Projects.

    Science.gov (United States)

    Kulikowski, Casimir A; Mihalas, George; Greenes, Robert; Yacubsohn, Valerio; Park, Hyeoun-Ae

    2017-01-01

    The IMIA History Working Group has as its first goal the editing of a volume of contributions from pioneers and leaders in the field of biomedical and health informatics (BMHI) to commemorate the 50th anniversary of IMIA's predecessor IFIP-TC4. This paper describes how the IMIA History WG evolved from an earlier Taskforce, and has focused on producing the edited book of original contributions. We describe its proposed outline of objectives for the personal stories, and national and regional society narratives, together with some comments on the evolution of Medinfo meeting contributions over the years, to provide a reference source for the early motivations of the scientific, clinical, educational, and professional changes that have influenced the historical course of our field.

  6. Beginnings and early history of the International Conferences on Magnetic Resonance in Biological Systems: development of the basic ideas in the field.

    Science.gov (United States)

    Jardetzky, Oleg

    2010-09-01

    The early history of the principal meeting in the field of biological NMR spectroscopy, the International Conference on Magnetic Resonance in Biological Systems (ICMRBS), is presented from the perspective of one of the founders. (c) 2010. Published by Elsevier Inc.

  7. From Alma Ata to the Global Fund: The history of international health policy

    Directory of Open Access Journals (Sweden)

    Italian Global Health Watch

    2008-01-01

    Full Text Available “Global Funds are like stars in the sky, you can see them, admire them, appreciate their abundance… but fail to touch them.” - Ministry of Health Official, Malawi Abstract The paper traces the evolution of international health policies and international health institutions, starting from the birth of the World Health Organization, the setting up of the Health for All target at the Alma Ata conference in 1978 and the rise of neo-liberal policies promoted by international financial institutions from 1980 to the present. The paper looks at different issues surrounding public-private partnerships and the setting up of the Global Fund to fight AIDS, Tuberculosis and Malaria and the influence of these institutions on the health systems in poor countries.

  8. History of the Balkan Peace Team. An example of nonviolent international interventions

    Directory of Open Access Journals (Sweden)

    Diego Checa Hidalgo

    2015-06-01

    Full Text Available The Balkan Peace Team was the result of a project designed to make an international nonviolent intervention in some territories of the former Yugoslavia. This project, which was in operation from 1994-2001, generated processes that wanted to contribute to the peaceful resolution of violent conflicts that had erupted in the region in the early 90's. Its methodology consisted of sending international volunteers to collaborate with local peace groups and human rights organizations who may request their help. The Balkan Peace Team was able to strengthen empowerment processes of local organizations in areas of conflict where it was deployed. It also provided lessons to those organizations part of the project in order to increase awareness of the scope and operation of nonviolent international interventions for conflict transformation.

  9. History, framework and perspectives of international policy for preventing the proliferation of nuclear weapons

    International Nuclear Information System (INIS)

    Czakainski, M.

    1985-12-01

    The study analyses the framework conditions, such as the Non-Proliferation Treaty and the international non-proliferation regime and their interlacement with international nuclear energy policies, and evaluates the results achieved so far on an international level by the efforts directed towards preventing the proliferation of nuclear weapons. The conclusion to be drawn as stated by the author is that the classical tool of non-proliferation policy - denial of technology transfer - will lose in importance and give way to enhanced, controlled cooperation between countries of the Third World and the industrialised countries. Another instrument that will maintain its value for non-proliferation policy is cooperation for political stabilisation in those parts of the world where regional conflicts might aggravate. (orig./HP) [de

  10. History of the international societies in health technology assessment: International Society for Technology Assessment in Health Care and Health Technology Assessment International.

    Science.gov (United States)

    Banta, David; Jonsson, Egon; Childs, Paul

    2009-07-01

    The International Society for Technology Assessment in Health Care (ISTAHC) was formed in 1985. It grew out of the increasing awareness of the international dimensions of health technology assessment (HTA) and the need for new communication methods at the international level. The main function of ISTAHC was to present an annual conference, which gradually grew in size, and also to generally improve in quality from to year. ISTAHC overextended itself financially early in the first decade of the 2000s and had to cease its existence. A new society, Health Technology Assessment international (HTAi), based on many of the same ideas and people, grew up beginning in the year 2003. The two societies have played a large role in making the field of HTA visible to people around the world and providing a forum for discussion on the methods and role of HTA.

  11. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

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

  12. The WHO Tobacco Convention: A New Dawn in the Implementation of International Health Instrument? Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

    Science.gov (United States)

    Durojaye, Ebenezer

    2017-07-05

    The Tobacco Convention was adopted by the World Health Organization (WHO) in 2003. Nikogosian and Kickbusch examine the five potential impacts of the Tobacco Convention and its Protocol on public health. These include the adoption of the Convention would seem to unlock the treaty-making powers of WHO; the impact of the Convention in the global health architecture has been phenomenal globally; the Convention has facilitated the adoption of further instruments to strengthen its implementation at the national level; the Convention has led to the adoption of appropriate legal framework to combat the use of tobacco at the national level and that the impact of the Convention would seem to go beyond public health but has also led to the adoption of the Protocol to Eliminate Illicit Trade in Tobacco. However, the article by Nikogosian and Kickbusch would seem to overlook some of the challenges that may militate against the effective implementation of international law, including the Tobacco Convention, at the national level. © 2018 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  13. History of internal fixation (part 1): early developments with wires and plates before World War II.

    Science.gov (United States)

    Hernigou, Philippe; Pariat, Jacques

    2017-06-01

    Though the date at which an orthopaedic implant was first used cannot be ascertained with any certainty, the fixation of bone fracture using an iron wire was reported for the first time in a French manuscript in 1775. The first techniques of operative fracture treatment were developed at the end of the 18th and in the beginning of the 19th centuries. The use of cerclage wires to fix fractures was the most frequent fixation at this time. The French Berenger-Feraud (1832-1900) had written the first book on internal fixation. However internal fixation of fractures could not become a practical method before Lister had ensured the safety of open reduction and internal fixation in the treatment of fractures. Lister is not only the father of asepsis; he also used metal wires to fix even closed fractures. The first internal fixation by means of a plate and screws was described by Carl Hansmann in 1858 in Hamburg. Nevertheless, Arbuthnot Lane (1892) and Albin Lambotte (1905) are considered to be the founders of this method, which was further developed by Sherman in the first part of the 20th century.

  14. International Sexual Partnerships May Be Shaped by Sexual Histories and Socioeconomic Status

    Science.gov (United States)

    Truong, Hong-Ha M.; Mehrotra, Megha; Montoya, Orlando; Lama, Javier R.; Guanira, Juan V.; Casapía, Martín; Veloso, Valdiléa G.; Buchbinder, Susan P.; Mayer, Kenneth H.; Chariyalertsak, Suwat; Schechter, Mauro; Bekker, Linda-Gail; Kallás, Esper G.; Grant, Robert M.

    2017-01-01

    Exchange sex and higher education were associated with an increased likelihood of international sexual partnerships (ISPs). Exchange sex and older age were associated with an increased likelihood of condomless sex in ISPs. Educational and socioeconomic factors may create unbalanced power dynamics that influence exchange sex and condomless sex in ISPs. PMID:28407648

  15. International Sexual Partnerships May Be Shaped by Sexual Histories and Socioeconomic Status.

    Science.gov (United States)

    Truong, Hong-Ha M; Mehrotra, Megha; Montoya, Orlando; Lama, Javier R; Guanira, Juan V; Casapía, Martín; Veloso, Valdiléa G; Buchbinder, Susan P; Mayer, Kenneth H; Chariyalertsak, Suwat; Schechter, Mauro; Bekker, Linda-Gail; Kallás, Esper G; Grant, Robert M

    2017-05-01

    Exchange sex and higher education were associated with an increased likelihood of international sexual partnerships (ISPs). Exchange sex and older age were associated with an increased likelihood of condomless sex in ISPs. Educational and socioeconomic factors may create unbalanced power dynamics that influence exchange sex and condomless sex in ISPs.

  16. International Conference on Higher Education and Disabilities--Innsbruck, Austria: A Brief History

    Science.gov (United States)

    Zangla, Ken; Moore, Naomi; Hurst, Alan

    2015-01-01

    Access to higher education for people with disabilities has been a concern and motivation for change internationally. Collaborative discussions about the attitudes and policies addressing these issues began many years ago with several organizations and agencies representing the interest of people with disabilities. There were international…

  17. Parental Separation and Child Aggressive and Internalizing Behavior: An Event History Calendar Analysis

    Science.gov (United States)

    Averdijk, Margit; Malti, Tina; Eisner, Manuel; Ribeaud, Denis

    2012-01-01

    This study investigated the relationship between parental separation and aggressive and internalizing behavior in a large sample of Swiss children drawn from the ongoing Zurich Project on the Social Development of Children and Youths. Parents retrospectively reported life events and problem behavior for the first 7 years of the child's life on a…

  18. The principle of prohibition and the closing of international law as a regulatory system; Hans Kelsen and the history of a boat

    Directory of Open Access Journals (Sweden)

    Natalia M. Luterstein

    2017-06-01

    Full Text Available This papers examines the impact of the dictum of the Permanent Court of International Justice in the “S.S. Lotus” case when it stated that “restrictions upon the independence of States cannot be presumed” and that “the rules of law binding upon States therefore emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law” on the interpretation and the functioning of the international legal order in light of the theory of Hans Kelsen and the critics advanced by Carlos Alchourrón and Eugenio Bulygin regarding the principle of prohibition and completeness of the normative legal systems.

  19. Essays on the History of Rocketry and Astronautics: Proceedings of the Third through the Sixth History Symposia of the International Academy of Astronautics, volume 1

    Science.gov (United States)

    Hall, R. C. (Editor)

    1977-01-01

    This two volume publication presents the proceedings of the third through sixth history symposia of the International Academy of Astronautics. Thirty-nine papers are divided into four categories: (1) Early Solid Propellant Rocketry; (2) Rocketry and Astronautics: Concepts, Theory, and Analyses after 1880; (3) The Development of Liquid and Solid Propellant Rockets from 1880 to 1945; and (4) Rocketry and Astronautics after 1945. Categories 1 and 2 will be found in volume 1 and the remainder in volume 2. Among other diciplines, Rocketry and Astronautics encompasses the physical and engineering sciences including fluid mechanics, thermodynamics, vibration theory, structural mechanics, and celestial mechanics. Papers presented in these two volumes range from those of empirical experimenters who used the time-honored cut and try methods to scientists wielding theoretical principles. The work traces the coupling of the physical and engineering sciences, industrial advances, and state support that produced the awesome progress in rocketry and astronautics for the most part within living memory. The proceedings of the four symposia present in these two volumes contain information on the work of leading investigators and their associates carried out in the first two-thirds of the twentieth century.

  20. History of the Second World War: Countering Attempts to Falsify and Distort to the Detriment of International Security

    Directory of Open Access Journals (Sweden)

    Vladimir G. Kiknadze

    2015-01-01

    Full Text Available One of the negative phenomena of the modern world are attempts to falsify history and the results of the Second World War, 1939-1945., is an important component of the ideological confrontation in the information space of neoliberal forces of Russian society with patriotic and non-violent, is a tool for achieving geopolitical goals of a number of states. United States, European Union and Ukraine tend to distort the results of the Second World War to remove the history of the Great Patriotic War, the feat of the Soviet people, who saved the world from fascism, and the Soviet Union (Russian Federation, together with Nazi Germany put in the dock of history, accusing all the troubles of the XX century. At the same time attempts to rehabilitate fascism and substitution postwar realities lead to the destruction of the entire system of contemporary international relations and, as a consequence, to the intensification of the struggle for the redivision of the world, including military measures. China is actively implementing the historiography of the statement that World War II began June 7, 1937 and is linked to an open aggression of Japan against China. Given these circumstances, the Military Doctrine of the Russian Federation noted that the trend of displacement of military dangers and military threats in the information space and the inner sphere of the Russian Federation. The main internal risks attributable activity information impact on the population, especially young citizens of the country, which has the aim of undermining the historical, spiritual and patriotic traditions in the field of defense of the Fatherland.

  1. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  2. The History of Romania’s Relations with the International Monetary Fund

    Directory of Open Access Journals (Sweden)

    Gheorghe Stefan

    2011-02-01

    Full Text Available The International Monetary Fund aims primarily at ensuring the stability of theinternational monetary system more specifically the international payment system which allowscountries and their citizens to buy, sell goods and services between them. This is essential forsustainable economic growth, improvement of life standards and reducing poverty all around theworld. The goals of Romania’s agreements with IMF subscribe these parameters, mostly the currentone, this being emphasized by the economic recession and the necessity of reducing fiscal imbalancein order to attain a deficit with normal values acceptable in the EU. These include: maintaining theinflation at the range aimed by RNB, ensuring a sufficient external financing and improvingcredibility, the attempt to amortize the effects of severe capital absorption and resolution forRomania’s external and fiscal imbalances and consolidation of the financial area.

  3. A Socio-Economic History of the International Banana Trade, 1870-1930

    OpenAIRE

    ABBOTT, Roderick

    2009-01-01

    The genesis, and even more the growth, of the international banana industry is intimately bound up with the development of steamships (from 1850 onwards) and with the spread of railway construction around the world. The coming of steam, which ensured consistent and swifter passage from the Caribbean and Central America to the United States, and later to Europe, meant that bananas could be delivered in good condition rather than rotten, as had happened in earlier days. Later, when refrigerated...

  4. History of Spanish Selection of the International Solar Energy; Historia de la Asociacion Espanola de Energia solar

    Energy Technology Data Exchange (ETDEWEB)

    Vazquez, M.

    2004-07-01

    This paper is about the old and new Spanish Sections of the International Solar Energy Society (ISES). The old Section was formed on the initiative of the Spanish Association Atecyr and was named ISES Espana. As a legal Spanish association, it developed its activities from 1981 until 1991 when economic difficulties made ISES suspend the Section. In that year Prof. Manuel Vazquez, director of the Laboratory of Solar Energy of the University of Vigo, became interested in the subject and participated in his restlessness to other Spanish members of ISES. All of them agreed to create a new Spanish association under the name of Asociacion Espanola de Energia Solar (AEDES), which was registered as an ONG in the Spanish National Register of Associations and ratified by ISES as its Spanish Section in 1993. In this paper the significant data of the old and new sections are given, including the names of representative people and members of the Board and the development of the membership. (Author)

  5. Towards a Comparative and International History of School Testing and Accountability

    DEFF Research Database (Denmark)

    Dorn, Sherman; Ydesen, Christian

    2014-01-01

    treated here are identified as a post- colonial perspective, differences and similarities between public and private sector accountability measures, the “engines” promoting the rise, proliferation and implementation of accountability measures, and finally the exploration of the travelling and movement......Abstract: The speed and extent of modern school accountability have obscured the history of testing and accountability. This brief introduction identifies central themes of historical research into educational accountability and recurring traits associated with accountability practices. We hope our...... colleagues and this special issue will also help to identify future research paths in this field. Some of the central themes found in the historical research on educational accountability contained in this special issue are the connections between accountability and the purposes of schooling in a specific...

  6. The predictive power of family history measures of alcohol and drug problems and internalizing disorders in a college population.

    Science.gov (United States)

    Kendler, Kenneth S; Edwards, Alexis; Myers, John; Cho, Seung Bin; Adkins, Amy; Dick, Danielle

    2015-07-01

    A family history (FH) of psychiatric and substance use problems is a potent risk factor for common internalizing and externalizing disorders. In a large web-based assessment of mental health in college students, we developed a brief set of screening questions for a FH of alcohol problems (AP), drug problems (DP) and depression-anxiety in four classes of relatives (father, mother, aunts/uncles/grandparents, and siblings) as reported by the student. Positive reports of a history of AP, DP, and depression-anxiety were substantially correlated within relatives. These FH measures predicted in the student, in an expected pattern, dimensions of personality and impulsivity, alcohol consumption and problems, smoking and nicotine dependence, use of illicit drugs, and symptoms of depression and anxiety. Using the mean score from the four classes of relatives was more predictive than using a familial/sporadic dichotomy. Interactions were seen between the FH of AP, DP, and depression-anxiety and peer deviance in predicting symptoms of alcohol and tobacco dependence. As the students aged, the FH of AP became a stronger predictor of alcohol problems. While we cannot directly assess the validity of these FH reports, the pattern of findings suggest that our brief screening items were able to assess, with some accuracy, the FH of substance misuse and internalizing psychiatric disorders in relatives. If correct, these measures can play an important role in the creation of developmental etiologic models for substance and internalizing psychiatric disorders which constitute one of the central goals of the overall project. © 2015 Wiley Periodicals, Inc.

  7. Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

    NARCIS (Netherlands)

    Waddington, L.B.; Toepke, C

    2014-01-01

    Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a

  8. VObs.it, the Italian contribution to the international Virtual Observatory-History, activities, strategy

    Science.gov (United States)

    Pasian, F.

    2015-06-01

    The origins of the Italian contribution to the international Virtual Observatory (VO) were mainly tied to the definition and implementation of a Data Grid using Grid standards. From there on, by means of a step-wise evolution, activities started including the implementation of VO-aware tools and facilities, or the production of services accessing data archives in ways compliant to the international VO standards. An important activity the Italian VO community has carried out is the dissemination of the VO capabilities to professionals, students and amateurs: in particular, an important and maybe unique success has been bringing to the classrooms the VO, and using it as a powerful tool to teach astronomy at all levels, from junior high school to undergraduate courses. Lately, there has been also direct involvement of the Italian community in the definition of standards and services within the framework of the International Virtual Observatory Alliance (IVOA), and participation and leadership in the IVOA Working Groups. Along this path, the national funding for these activities has been rather low, although essential to carry the activities on. There were no bursts of funding to allow a quick rise in activities leading to the fast realisation of tools and systems. Rather, the manpower involved in VObs.it has been always fairly low but steady. In the view of managing a national VO initiative with a low budget, strategic choices were made to exploit the available resources and to guarantee a constant background activity, mainly geared at providing services to the community, development in lower-priority VO areas, dissemination and support.

  9. A History of the International Commission on Non-Ionizing Radiation Protection.

    Science.gov (United States)

    Repacholi, M H

    2017-10-01

    Concern about health risks from exposure to non-ionizing radiation (NIR) commenced in the 1950s after tracking radars were first introduced during the Second World War. Soon after, research on possible biological effects of microwave radiation in the former Soviet Union and the U.S. led to public and worker exposure limits being much lower in Eastern European than in Western countries, mainly because of different protection philosophies. As public concern increased, national authorities began introducing legislation to limit NIR exposures from domestic microwave ovens and workplace devices such as visual display units. The International Radiation Protection Association (IRPA) was formed in 1966 to represent national radiation protection societies. To address NIR protection issues, IRPA established a Working Group in 1974, then a Study Group in 1975, and finally the International NIR Committee (INIRC) in 1977. INIRC's publications quickly became accepted worldwide, and it was logical that it should become an independent commission. IRPA finally established the International Commission on Non-Ionizing Radiation Protection (ICNIRP), chartering its remit in 1992, and defining NIR as electromagnetic radiation (ultraviolet, visible, infrared), electromagnetic waves and fields, and infra- and ultrasound. ICNIRP's guidelines have been incorporated into legislation or adopted as standards in many countries. While ICNIRP has been subjected to criticism and close scrutiny by the public, media, and activists, it has continued to issue well-received, independent, science-based protection advice. This paper summarizes events leading to the formation of ICNIRP, its key activities up to 2017, ICNIRP's 25th anniversary year, and its future challenges.

  10. Maritime interception and the law of naval operations: A study of legal bases and legal regimes in maritime interception operations, in particular conducted outside the sovereign waters of a State and in the context of international peace and security

    OpenAIRE

    Fink, M.D.

    2016-01-01

    This thesis is divided into four parts. Part I consists of a general introduction and will start with a brief sketch of the context of naval operations to better understand operational environment in which maritime interception operations are used (Chapter 2), and will also address contemporary maritime interception operations by means of a short history of the evolution of the term MIO in four strands (Chapter 3). This chapter will also introduce significant naval operations and incidents th...

  11. A Challenging Time in the History of Lamaze International: An Interview With Francine Nichols

    Science.gov (United States)

    Zwelling, Elaine

    2006-01-01

    Dr. Francine Nichols—President of Lamaze International from 1988 to 1991 (when the organization was known as “the American Society for Psychoprophylaxis in Obstetrics” or “ASPO/Lamaze”) and the founding editor of The Journal of Perinatal Education in 1990—is a woman with many skills that have contributed to her success throughout her career. Dr. Nichols is a knowledgeable leader in maternal-newborn nursing, a respected nurse and childbirth educator, a researcher, and an author. However, these skills were not the abilities she relied upon the most to lead the Lamaze organization through a challenging period in the 1980s; rather, Dr. Nichols's tenacity, business savvy, and willingness to face controversy helped guide Lamaze International back on track so that it was able to grow into the strong organization it remains today. This interview took place by telephone on June 12, 2006, when Dr. Nichols was in Washington, D.C., for the summer to coordinate the National Institute of Nursing Research's Summer Genetics Institute, a doctoral-level course cosponsored by Georgetown University. PMID:17768430

  12. The Clean Development Mechanism as a governance problem. Compensate deficits as well as Europe legal and international legal further progress of climate protection regarding to Copenhagen and Cancun; Der Clean Development Mechanism als Governance-Problem. Steuerungsdefizite sowie europarechtliche und voelkerrechtliche Weiterentwicklungen des Klimaschutzes nach Kopenhagen und Cancun

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix; Exner, Anne-Katrin [Rostock Univ. (Germany). Forschungsgruppe Nachhaltigkeit und Klimapolitik

    2011-04-15

    The authors of the contribution analyze the developments in law, legal interpretation issues as well as climate political and development political effects of the Clean Development Mechanism (CDM) as an element of transnational climate change law which is associated with the states and emission trading (ETS). In the basic intention CDM shall achieve a climate-neutral reduction of costs of climate policy at the simultaneous promotion of development political goals where industrial countries may provide their global or European targets of reduction in part by means of measures in emerging or developing countries rather than by means of local climate protection. However, the specific CDM projects prove to be questionable with respect to the climate policy and development policy. This also is related to enforcement problems that represent a variant of the general environment legal problem of the latent 'interest identity of inspectors and controlled persons'. The proposed European legal and the possible international (land use related) developments of the CDM since 2013 and currently in Cancun probably will not change essentially the fundamental but intensify it even more. With all that, at the same time a kind of exemplary governance analysis arises in the context of the ETS by means of one essential part of its aspects - as well as generally in the context to the perspectives of climate policy according to Cancun.

  13. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

    of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...

  14. History of Bioterrorism: Botulism

    Medline Plus

    Full Text Available ... Matters Video: "The History of Bioterrorism" Recommend on Facebook Tweet Share Compartir This video describes the Category ... RSS ABOUT About CDC Jobs Funding LEGAL Policies Privacy FOIA No Fear Act OIG 1600 Clifton Road ...

  15. Constitutionalising the Right Legal Representation at CCMA ...

    African Journals Online (AJOL)

    Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...

  16. HOSTAGE-TAKING AS A FORM OF INTERNATIONAL TERRORISM (LESSONS OF HISTORY

    Directory of Open Access Journals (Sweden)

    Bashir Bilyalovich Khubiev

    2015-12-01

    Full Text Available Hostage-taking see on the methods of comparative-historical analysis in the context of identifying its political, economic and social nature, as well as the social base and national nature. Russia is analyzed in terms of the essential features of the manifestation of terrorism and hostage-taking, highlights macroscale of the phenomens, they have tried to achieve political independence of terror by relying on international forces in the absence of a solid social base.In this context, also considered issues of national identity, which is in a «multi-dimensional» the Russian state can not be solved by force, but only on the matrix to achieve «social identity» of Russians as a form of community solidarity and social basis of community of a higher level – community of Russians, Russian people.

  17. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  18. Current status and a short history of grey literature. Focusing on the international conference on grey literature

    International Nuclear Information System (INIS)

    Ikeda, Kiyoshi

    2010-01-01

    'Grey literature' is a loosely defined term whose application is rather complex, but it is also an important source of information for academic researchers. Today, the spread of the Internet has led to changes not only in the circulation but also in the role and definition of 'grey literature'. This article therefore presents a short history of the definition of 'grey literature', with central focus on topics discussed by the International Conference on Grey Literature. After this, the current status and future prospects of 'grey literature' in the digital society are described. Finally, the article introduces the JAEA Library's activities on 'grey literature', particularly the acquisition of proceedings and the editing and dissemination of the JAEA Reports (technical reports of JAEA). (author)

  19. Civil legal responsibility for environmental pollution

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

  20. A history of diabetes insipidus: paving the road to internal water balance.

    Science.gov (United States)

    Eknoyan, Garabed

    2010-12-01

    Diabetes insipidus is an ancient disease considered under the rubric of diabetes, the Greek descriptive term for polyuria, which was unrecognized even after the sweetness of urine was reported as a characteristic of diabetes mellitus in the 17th century. It would be another century before diabetes insipidus was identified from the insipid rather than saccharine taste of urine in cases of polyuria. After its increased recognition, pathologic observations and experimental studies connected diabetes insipidus to the pituitary gland in the opening decades of the 20th century. Simultaneously, posterior pituitary lobe extracts were shown to be vasoconstrictive (vasopressin) and antidiuretic (antidiuretic hormone). As vasopressin was purified and synthesized and its assay became available, it was shown to be released in response to both osmotic and volume stimuli that are integrated in the hypothalamus, and vasopressin thereby was essential to maintaining internal water balance. The antidiuretic properties of vasopressin to treat the rare cases of diabetes insipidus were of limited clinical utility until its vasoconstrictive effects were resuscitated in the 1970s, with the consequent increasing wider use of vasopressin for the treatment of compromised hemodynamic states. In addition, the discovery of antidiuretic hormone receptor blockers has led to their increasing use in managing hypo-osmolar states. Copyright © 2010 National Kidney Foundation, Inc. Published by Elsevier Inc. All rights reserved.

  1. A narrative history of the International Society for Psychiatric Surgery: 1970-1983.

    Science.gov (United States)

    Lipsman, Nir; Meyerson, Björn A; Lozano, Andres M

    2012-01-01

    In order to reconcile the present resurgence of psychiatric neurosurgery with the not-too-distant historic transgressions in the field, one needs to examine the era of transition from crude art to regulated science. In large part, this transition took place in the 1970s with the continued development and widespread acceptance of stereotactic techniques in functional neurosurgery and several hard-fought ideological and academic victories by proponents of the much-maligned field. Established in 1970, the International Society for Psychiatric Surgery (ISPS) sought to gather like-minded surgeons, psychiatrists and other neuroscientists to counter the rising pressure from special interest groups, as well as some in the public and medical realm, who attempted to abolish all forms of surgical management of psychiatric disease. We reviewed the archives of the ISPS, including letters from its founding members and active participants, conference proceedings and minutes from organizational meetings, from throughout its existence from 1970 to 1983. The archives provide a unique insight into the organization and objectives of the society that kept psychiatric surgery alive in the face of persistent and staunch opposition. We also outline the lessons that current and future functional neurosurgeons can learn from the ISPS, whose key figures, structure and communication, in the non-electronic era, were instrumental for the survival of psychiatric surgery during that critical period. Copyright © 2012 S. Karger AG, Basel.

  2. Immigration policy and internationally educated nurses in the United States: A brief history.

    Science.gov (United States)

    Masselink, Leah E; Jones, Cheryl B

    2014-01-01

    Since the 1980s, U.S. policy makers have used immigration policy to influence the supply of nurses by allowing or restricting the entry of internationally educated nurses (IENs) into the U.S. workforce. The methods pursued have shifted over time from temporary visa categories in the 1980s and 1990s to permanent immigrant visas in the 2000s. The impact of policy measures adopted during nursing shortages has often been blunted by political and economic events, but the number and representation of IENs in the U.S. nursing workforce has increased substantially since the 1980s. Even as the United States seeks to increase domestic production of nurses, it remains a desirable destination for IENs and a target market for nurse-producing source countries. Hiring organizations and nurse leaders play a critical role in ensuring that the hiring and integration of IENs into U.S. health care organizations is constructive for nurses, source countries, and the U.S. health care system. Copyright © 2014 Elsevier Inc. All rights reserved.

  3. Legal content of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the united nations general assembly by resolution 45/158 of 18 December 1990.

    Directory of Open Access Journals (Sweden)

    Aurelia Álvarez Rodríguez

    2016-10-01

    Full Text Available The author makes a detailed analysis of the legal contents of the International Convention on the Protection of the Rights of all Migrant workers and their Families, adopted by the General Assembly of the United Nations in the Resolution 45/158 of December 1990. The objectives of the Convention, the personal spehere of application, the Human Rights of all migrant workers and their families wether they be regular of iregular are presented throughout the article. Finally, the practical effectiveness of the Convention is analyzed concluding with the importance of its ratification by the largest number of States possible.

  4. A Brief History of INA and ICOH SCNP: International Neurotoxicology Association and International Congress on Occupational Health Scientific Committee on Neurotoxicology and Psychophysiology

    Science.gov (United States)

    Two international scientific societies dedicated to research in neurotoxicology and neurobehavioral toxicology are the International Neurotoxicology Association (INA) and the International Congress on Occupational Health International Symposium on Neurobehavioral Methods and Effe...

  5. Trying to Win the Legal Battle but Losing the Strategic War: U.S. Efforts to Thwart the International Criminal Court

    National Research Council Canada - National Science Library

    Chitwood, Mitchell R

    2007-01-01

    The International Criminal Court ("ICC") is widely regarded within the international community as a positive and necessary step toward individual accountability for those who order and carry out the most heinous of crimes genocide, crimes...

  6. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

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

  7. Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

    OpenAIRE

    Mariya Riekkinen

    2016-01-01

    This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public parti...

  8. The Relationship Between Domestic Law and International Law : The Impacts on the Legal Daily Brazilian under the Perspective of Constitutionality Block Expansion

    Directory of Open Access Journals (Sweden)

    Luciane Klein Vieira

    2016-06-01

    Full Text Available The relationship between domestic law and international law, carried out by court decisions, is a recurring theme of both international human rights law and constitutional law. This article aims to portray the interactions between domestic law and international law, with emphasis on Brazil, taking into account the internal rules and judicial practice. Therefore, we will use the dogmatic method, which involves analyzing the rules on the subject in the international and domestic front, with empirical perspective, with a view to analysis of cases in which the issue was raised, in particular the possible existence constitu- tionality block and its growth because human rights treaties ratified by Brazil.

  9. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

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

  10. THE IMPORTANCE OF ESTABLISHING A LEGAL FRAMEWORK AND OTHER INTERNAL AUDIT WORK, ESPECIALLY IN THE WORK OF THE TRANSITION COUNTRIES LIKE THE REPUBLIC OF SERBIA

    Directory of Open Access Journals (Sweden)

    SLOBODAN POPOVIĆ

    2016-10-01

    Full Text Available Internal auditing the objective examination of evidence provides assurance on the adequacy and functioning of the existing processes of risk management, control and management of the organization, as well as the fact that you mentioned processes are functioning as intended, allowing achievement of the goals of the organization. This allows for better functioning of any company, and it is of great importance for the functioning of the public sector especially in transition countries. In addition to the aforementioned account must be taken and to whom it is intended for internal audit. Internal audit is submitted to top management in the form of internal audit reports, but I state authorities such as the Ministry of Finance sector internal control and audit. Top management if it is to achieve progress must take into account the internal audit, opinion and findings of the internal auditor, and must provide guidance in their work, which are in accordance with the legislation.

  11. The admission and enrolment of foreign legal practitioners in South ...

    African Journals Online (AJOL)

    Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among legal practitioners and the internationalisation of legal education. Increasing numbers of law students get ...

  12. [Medication reconciliation: an innovative experience in an internal medicine unit to decrease errors due to inacurrate medication histories].

    Science.gov (United States)

    Pérennes, Maud; Carde, Axel; Nicolas, Xavier; Dolz, Manuel; Bihannic, René; Grimont, Pauline; Chapot, Thierry; Granier, Hervé

    2012-03-01

    An inaccurate medication history may prevent the discovery of a pre-admission iatrogenic event or lead to interrupted drug therapy during hospitalization. Medication reconciliation is a process that ensures the transfer of medication information at admission to the hospital. The aims of this prospective study were to evaluate the interest in clinical practice of this concept and the resources needed for its implementation. We chose to include patients aged 65 years or over admitted in the internal medicine unit between June and October 2010. We obtained an accurate list of each patient's home medications. This list was then compared with medication orders. All medication variances were classified as intended or unintended. An internist and a pharmacist classified the clinical importance of each unintended variance. Sixty-one patients (mean age: 78 ± 7.4 years) were included in our study. We identified 38 unintended discrepancies. The average number of unintended discrepancies was 0.62 per patient. Twenty-five patients (41%) had one or more unintended discrepancies at admission. The contact with the community pharmacist permitted us to identify 21 (55%) unintended discrepancies. The most common errors were the omission of a regularly used medication (76%) and an incorrect dosage (16%). Our intervention resulted in order changes by the physician for 30 (79%) unintended discrepancies. Fifty percent of the unintended variances were judged by the internist and 76% by the pharmacist to be clinically significant. The admission to the hospital is a critical transition point for the continuity of care in medication management. Medication reconciliation can identify and resolve errors due to inaccurate medication histories. Copyright © 2011 Elsevier Masson SAS. All rights reserved.

  13. Legal briefing: home birth and midwifery.

    Science.gov (United States)

    Pope, Thaddeus Mason; Fisch, Deborah

    2013-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women's' access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories. 1. Background and History 2. Certified Nurse-Midwives 3. Direct Entry Midwives 4. Prohibition of Direct Entry Midwives 5. Enforcement of Prohibition 6. Challenges to Prohibition 7. Forbearance without License 8. Voluntary Licensure 9. Unclear and Uncertain Status 10. Growth of DEM Licensure 11. Licensure Restrictions 12. Medicaid Coverage

  14. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  15. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

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

  16. The Legal Case

    NARCIS (Netherlands)

    Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  17. Behind the Battle Lines of History as Politics: An International and Intergenerational Methodology for Testing the Social Identity Thesis of History Education

    Science.gov (United States)

    Taylor, Tony; Collins, Sue

    2012-01-01

    This article critiques popular assumptions that underlie the ongoing politicisation of school history curriculum as an agent of social identity and behaviour. It raises some key research questions which need further investigation and suggests a potential methodology for establishing evidence-based understanding of the relationship between history…

  18. Legal Parameters of Space Tourism

    OpenAIRE

    Smith, Lesley Jane; Hörl, Kay-Uwe

    2004-01-01

    The commercial concept of space tourism raises important legal issues not specifically addressed by first generation rules of international spacelaw. The principles established in the nineteen sixties and seventies were inspired by the philosophy that exploration of space was undertaken by and for the benefit of mankind. Technical developments since then haveincreased the potential for new space applications, with a corresponding increase in commercial interest in space. If space tourism is t...

  19. Health Information Professionals in a Global eHealth World: Ethical and legal arguments for the international certification and accreditation of health information professionals.

    Science.gov (United States)

    Kluge, Eike-Henner W

    2017-01-01

    Issues such as privacy, security, quality, etc. have received considerable attention in discussions of eHealth, mHealth and pHealth. However, comparatively little attention has been paid to the fact that these methods of delivering health care situate Health Information Professionals (HIPs) in an ethical context that is importantly different from that of traditional health care because they assign a fiduciary role to HIPs that they did not have before, their previous technical involvement notwithstanding. Even less attention has been paid to the fact that when these methods of health care delivery are interjurisdictional, they situate HIPs in an ethical fabric that does not exist in the intra-jurisdictional setting. Privacy and other informatic patient rights in the context of traditional health care are identified and the role that HIPs play in this connection is analysed and distinguished from the role HIPs play in eHealth in order to determine whether the 2002 IMIA Code of Ethics provides sufficient guidance for HIPs in eHealth and associated settings. The position of inter-jurisdictional corporate eHealth providers is also touched upon. It is found that in eHealth, mHealth and pHealth the ethical and legal position of HIPs differs importantly from that in traditional technologically-assisted health care because HIPs have fiduciary obligations they did not have before. It is also found that the 2002 IMIA Code of Ethics, which provides the framework for the codes of ethics that are promulgated by its various member organizations, provides insufficient guidance for dealing with issues that arise in this connection because they do not acknowledge this important change. It is also found that interjurisdictional eHealth etc. raises new ethical and legal issues for the corporate sector that transcend contractual arrangements. The 2002 IMIA Code of Ethics should be revised and updated to provide guidance for HIPs who are engaged in eHealth and related methods of health

  20. Celebrate Women's History.

    Science.gov (United States)

    Leonard, Carolyn M.; Baradar, Mariam

    This teachers' guide to activities celebrating Women's History Month focuses on women whose important contributions have been omitted from history textbooks. Women's History Month grew from a 1977 celebration of Women's History Week and is intended to bring women's history into the school curriculum. International Women's Day, celebrated on March…

  1. TOSCA - first international registry to address knowledge gaps in the natural history and management of tuberous sclerosis complex.

    Science.gov (United States)

    Kingswood, John C; Bruzzi, Paolo; Curatolo, Paolo; de Vries, Petrus J; Fladrowski, Carla; Hertzberg, Christoph; Jansen, Anna C; Jozwiak, Sergiusz; Nabbout, Rima; Sauter, Matthias; Touraine, Renaud; O'Callaghan, Finbar; Zonnenberg, Bernard; Crippa, Stefania; Comis, Silvia; d'Augères, Guillaume Beaure; Belousova, Elena; Carter, Tom; Cottin, Vincent; Dahlin, Maria; Ferreira, José Carlos; Macaya, Alfons; Benedik, Mirjana Perkovic; Sander, Valentin; Youroukos, Sotirios; Castellana, Ramon; Ulker, Bulent; Feucht, Martha

    2014-11-26

    data availability in 2014. The results of TOSCA will assist in filling the gaps in understanding the natural history of TSC and help in planning better management and surveillance strategies. This large-scale international registry to study TSC could serve as a model to encourage planning of similar registries for other rare diseases.

  2. The changing purpose of mental health law: From medicalism to legalism to new legalism.

    Science.gov (United States)

    Brown, Jennifer

    2016-01-01

    The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

  3. Existing nuclear power plants and new safety requirements - an international survey. A description of the legal situation and of the regulatory practice in eight countries and in Germany

    International Nuclear Information System (INIS)

    Raetzke, C.; Micklinghoff, M.

    2006-01-01

    In our days, the question of whether existing nuclear power plants can be expected to comply with new standards is relevant for many reasons. The idea of writing this report was sparked by the fact that the German Federal Ministry of the Environment is planning a thorough revision of the regulations concerning nuclear safety. Since in Germany, according to the latest amendment to the Nuclear Act, a licence for a new plant cannot be granted, this project inevitably raises the basic question of whether the existing plants can be forced to comply with new safety regulation, if necessary by performing substantial backfitting. Aim of the enquiry is to find out how the question outlined above - new requirements for existing nuclear power plants - is dealt with in nine countries, namely Germany, Switzerland, France, Sweden, Finland, the United Kingdom, the USA, Spain and Belgium. In order to give a legible and qualified account, the authors have also investigated and depicted the general legislative and regulatory framework for nuclear of each country. Therefore, the book can also be read as a general introduction into the legal system and regulatory practice of these countries. (orig.)

  4. European emissions trading and the international competitiveness of energy-intensive industries: a legal and political evaluation of possible supporting measures

    International Nuclear Information System (INIS)

    Asselt, H. van; Biermann, F.

    2007-01-01

    The EU Emissions Trading Directive is expected by European energy-intensive industries to harm their competitiveness vis-a-vis non-European competitors. Many additional measures have thus been proposed to 'level the playing field' and to protect the competitiveness of European energy-intensive industries within the larger effort of reducing Europe's greenhouse gas emissions and of meeting its obligations under the 1997 Kyoto Protocol. This article evaluates a range of proposed measures based on a set of political and legal criteria, including environmental effectiveness; the need to consider differentiated commitments, responsibilities and capabilities; conformity with world trade law and European Union law; and Europe's overall political interests. We discuss measures that could be adopted by the European Union and its member states, such as direct support for energy-intensive industries, restrictions of energy-intensive imports into the European Union through border cost adjustments, quotas or technical regulations, and cost reimbursement for affected developing countries. We also analyse measures available to multilateral institutions such as the United Nations Framework Convention on Climate Change and its Kyoto Protocol and the World Trade Organisation. We conclude with a classification of the discussed measures with red (unfeasible), yellow (potentially feasible) or green (feasible) labels. (author)

  5. European emissions trading and the international competitiveness of energy-intensive industries: a legal and political evaluation of possible supporting measures

    International Nuclear Information System (INIS)

    Asselt, Harro van; Biermann, Frank

    2007-01-01

    The EU Emissions Trading Directive is expected by European energy-intensive industries to harm their competitiveness vis-a-vis non-European competitors. Many additional measures have thus been proposed to 'level the playing field' and to protect the competitiveness of European energy-intensive industries within the larger effort of reducing Europe's greenhouse gas emissions and of meeting its obligations under the 1997 Kyoto Protocol. This article evaluates a range of proposed measures based on a set of political and legal criteria, including environmental effectiveness; the need to consider differentiated commitments, responsibilities and capabilities; conformity with world trade law and European Union law; and Europe's overall political interests. We discuss measures that could be adopted by the European Union and its member states, such as direct support for energy-intensive industries, restrictions of energy-intensive imports into the European Union through border cost adjustments, quotas or technical regulations, and cost reimbursement for affected developing countries. We also analyse measures available to multilateral institutions such as the United Nations Framework Convention on Climate Change and its Kyoto Protocol and the World Trade Organisation. We conclude with a classification of the discussed measures with red (unfeasible), yellow (potentially feasible) or green (feasible) labels

  6. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  7. Implementation in Russia and the European Union of International Safety Standards of Identity Documents with Biometric Data: Legal Regulation and Perspectives

    Directory of Open Access Journals (Sweden)

    Alexander Grigoryevich Volevodz

    2015-01-01

    Full Text Available The article contains the findings of a research into particular aspects of use of identity documents with personal biometric data. It considers the international safety standards of documents with biometric data worked out by the International Civil Aviation Organization (ICAO, pursuant to which those data should be included into machine-readable documents used by their holders for travel to various states. It contains the information on the implementation of these international standards in Russian and European Union law. The author has substantiated a conclusion to the effect that the procedure established in Russia for production and issuance, as well as for use of international, diplomatic and service passports identifying the Russian Federation citizen outside the Russian Federation territory, containing electronic information carriers with personal and biometric personal data, currently conforms to the international safety standards of documents with biometric data. The article surveys the experience of introducing domestic biometric identity documents - electronic passports in various countries of the world, and the problems arising therefrom. It substantiates the advantages and disadvantages of determining a passport of the Russian Federation citizen issued in the form of an identity card with an electronic information carrier, as the main document of the Russian Federation citizen identifying him domestically within the country's territory.

  8. Whither the legal control of nuclear energy?

    International Nuclear Information System (INIS)

    Riley, Peter

    1995-01-01

    International nuclear trade is governed by the regime of legal control of nuclear energy, nuclear materials, knowledge of nuclear processes and weapons. Nuclear trade is under pinned by international agreements concerning physical protection and safeguards, the control of nuclear weapons, the protection of nuclear materials from terrorist action and third part liability. The political and geographical boundary changes of the past two years have significantly altered the background against which this regime has developed. Such changes have affected nuclear trade. The paper summarised the legal control of nuclear energy between States, identifies the areas of change which may affect this regime and the consequences for international trade. Conclusions are drawn as to the development of the international legal control of nuclear energy. (author). 21 refs

  9. Privacy and legal issues in cloud computing

    CERN Document Server

    Weber, Rolf H

    2015-01-01

    Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading international academics and practitioners in the fields of law and computer science examine the specific legal implications of cloud computing pertaining to jurisdiction, biomedical practice and information ownership. This collection offers original and critical responses to the rising challenges posed by cloud computing.

  10. Review of a monograph by P. N. Panchenko «State-legal regularities in the history and theory of state and law and criminal law». Moscow: «Jurisprudence» Publishers, 2014. 518 p.

    Directory of Open Access Journals (Sweden)

    Gennadiy N. Gorshenkov

    2015-12-01

    Full Text Available The article analyzes the problem of legislation imperfection in the sphere of normative legal acts adoption as it is studied in the reviewed monograph. The imperfection consists of ignoring the state and legal regularities. The author39s position is discussed that the normativelegal acts should meet not the legislatorsrsquo ambitions but the legitimate interests of citizens and the state. The author emphasizes the practical benefit of those legal measures that are proposed to stabilize the economy. The idea is developed of creating a general theory of crime and the author39s attitude to modern criminology. The author39s attempt is assessed to adjust the criminal law for the strategic challenges facing Russia in different spheres of life. nbsp

  11. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

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

  12. Affirmative Action in Medical Education: A Legal Perspective.

    Science.gov (United States)

    Helms, Lelia B.; Helms, Charles M.

    1998-01-01

    Describes history of legal theory behind affirmative action, with examples from case law and Department of Education regulations, identifying legal pitfalls in admissions and financial aid, including categorization of students by race, racially disproportionate financial aid awards after accounting for need, racially disproportionate scholarship…

  13. THE CASE OF GOVERNMENT OF THE REPUBLIC OF ZIMBABWE v LOUIS KAREL FICK: A FIRST STEP TOWARDS DEVELOPING A DOCTRINE ON THE STATUS OF INTERNATIONAL JUDGEMENTS WITHIN THE DOMESTIC LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Erika de Wet

    2014-04-01

    Full Text Available The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended Southern African Development Community (SADC Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1 of the Protocol on the SADC Tribunal. As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts. The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a

  14. National states and international science: A comparative history of international science congresses in Hitler's Germany, Stalin's Russia, and cold war United States.

    Science.gov (United States)

    Doel, Ronald E; Hoffmann, Dieter; Krementsov, Nikolai

    2005-01-01

    Prior studies of modern scientific internationalism have been written primarily from the point of view of scientists, with little regard to the influence of the state. This study examines the state's role in international scientific relations. States sometimes encouraged scientific internationalism; in the mid-twentieth century, they often sought to restrict it. The present study examines state involvement in international scientific congresses, the primary intersection between the national and international dimensions of scientists' activities. Here we examine three comparative instances in which such restrictions affected scientific internationalism: an attempt to bring an international aerodynamics congress to Nazi Germany in the late 1930s, unsuccessful efforts by Soviet geneticists to host the Seventh International Genetics Congress in Moscow in 1937, and efforts by U.S. scientists to host international meetings in 1950s cold war America. These case studies challenge the classical ideology of scientific internationalism, wherein participation by a nation in a scientist's fame spares the scientist conflict between advancing his science and advancing the interests of his nation. In the cases we consider, scientists found it difficult to simultaneously support scientific universalism and elitist practices. Interest in these congresses reached the top levels of the state, and access to patronage beyond state control helped determine their outcomes.

  15. CHILD LABOR ABUSE: LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Darko Majhoshev

    2016-01-01

    Full Text Available The paper addresses the problem of child labor and ways of protection from child labor abuse. Child labor is a negative social phenomenon that is widespread throughout the world, and also in Republic of Macedonia. International and national institutions and organizations are making serious efforts to eradicate this negative phenomenon, through the adoption of numerous international legal instruments (conventions, recommendations, declarations, etc.. Child labor as a phenomenon refers to the employment of children in any work that deprives children of their childhood, interferes with their ability of education, and that is socially, mentally, physically, or morally dangerous and harmful. All international organizations define this practice as exploitative and destructive to the development of the whole society. With international legal instruments of the UN, ILO, Council of Europe and the EU child labor is strictly prohibited. There are some important differences which exist between the many kinds of work that is done by children. Some of them are demanding and difficult, others are hazardous and morally reprehensible. Children are doing a very wide range of activities and tasks when they work.

  16. Child Labor in America's History

    Science.gov (United States)

    Goldstein, Harold

    1976-01-01

    A brief history of child labor and the fight for legislation to control it at both the state and federal level. The current legal status and the continued existence of child labor in modern times are also discussed. (MS)

  17. Development and Progress of Ireland's Biobank Network: Ethical, Legal, and Social Implications (ELSI), Standardized Documentation, Sample and Data Release, and International Perspective

    LENUS (Irish Health Repository)

    Mee, Blanaid

    2013-02-19

    Biobank Ireland Trust (BIT) was established in 2004 to promote and develop an Irish biobank network to benefit patients, researchers, industry, and the economy. The network commenced in 2008 with two hospital biobanks and currently consists of biobanks in the four main cancer hospitals in Ireland. The St. James\\'s Hospital (SJH) Biobank coordinates the network. Procedures, based on ISBER and NCI guidelines, are standardized across the network. Policies and documents—Patient Consent Policy, Patient Information Sheet, Biobank Consent Form, Sample and Data Access Policy (SAP), and Sample Application Form have been agreed upon (after robust discussion) for use in each hospital. An optimum sequence for document preparation and submission for review is outlined. Once consensus is reached among the participating biobanks, the SJH biobank liaises with the Research and Ethics Committees, the Office of the Data Protection Commissioner, The National Cancer Registry (NCR), patient advocate groups, researchers, and other stakeholders. The NCR provides de-identified data from its database for researchers via unique biobank codes. ELSI issues discussed include the introduction of prospective consent across the network and the return of significant research results to patients. Only 4 of 363 patients opted to be re-contacted and re-consented on each occasion that their samples are included in a new project. It was decided, after multidisciplinary discussion, that results will not be returned to patients. The SAP is modeled on those of several international networks. Biobank Ireland is affiliated with international biobanking groups—Marble Arch International Working Group, ISBER, and ESBB. The Irish government continues to deliberate on how to fund and implement biobanking nationally. Meanwhile BIT uses every opportunity to promote awareness of the benefits of biobanking in events and in the media.

  18. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

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

  19. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  20. Medieval Nomads – Sixth International Conference on the Medieval History of the Eurasian Steppe (Szeged, Hungary, November 23–26, 2016

    Directory of Open Access Journals (Sweden)

    Aleksandar Uzelac

    2017-06-01

    Full Text Available Sixth international conference dedicated to the Medieval History of the Eurasian Steppe took place in the Hungarian city of Szeged on November 23-26, 2016. The organizer of the event was MTA-SZTE (“Hungarian Academy of Sciences – University of Szeged” Turkological Research group of the departments of Altaic and Medieval Studies at the Faculty of Arts, University of Szeged. More than thirty scholars from Hungary, Russia, Turkey, China, Spain, Bulgaria and Serbia took part in this event. The working languages of the conference were English and Russian. Presented papers dealt with various aspects of the history of Eurasian nomads, from the Early Middle Ages up to the seventeenth century. Among them, several have been related to the history of the Golden Horde. The proceedings of the conference are planned to be published in 2017, as a separate volume of the journal Chronica – Annual of The Institute of History, University of Szeged. Considering the quality and variety of the papers, presented at this occasion, there is no doubt it will attract the attention of the growing community of researchers and scholars interested in the medieval history of Eurasia.

  1. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

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

  2. The legal mentality and the succession of the law.

    Directory of Open Access Journals (Sweden)

    Vladimir Rybakov

    2017-01-01

    Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. 

  3. Legal aspects of transfrontier air pollution

    International Nuclear Information System (INIS)

    Rauschning, D.

    1986-01-01

    This contribution deals with the technical developments and the necessary adaptation of the legal and social systems in the various states. The author first discusses provisions of international law with regard to giving proof of environmental pollution caused by a neighbour state. He then deals with the legal aspects of long-distance air pollution. Finally, the Federal German substantial air pollution control law and relevant licensing provisions are taken as an example to show how the Federal Republic of Germany comes up to the obligations set by international law, to provide for due protection of the environment in neighbour states. (orig./HSCH) [de

  4. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

    Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

  5. Case Briefs in Legal English Classes

    Directory of Open Access Journals (Sweden)

    Bilová Stĕpánka

    2016-06-01

    Full Text Available A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s, court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills.

  6. The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

    Science.gov (United States)

    Birmontiene, Toma

    2010-03-01

    The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

  7. EC law relating to legal and technical aspects of natural gas and water supply. EC legal provisions for internal market harmonization of the regime of product specification and standardization, and their unification with German law. EG-Recht der Gas- und Wasserversorgungstechnik. Regelungen der Europaeischen Gemeinschaft zur Harmonisierung der Produktanforderungen und ihre Umsetzung in deutsches Recht

    Energy Technology Data Exchange (ETDEWEB)

    Rienen, W. van; Wasser, U.

    1999-01-01

    This new publication presents an analysis of the relevant EC legislation and standards and its impacts for the German industrial branches resulting from implementation in German national law. It is an invaluable source of reference for the German natural gas industry and the water supply sector, as well as licensing and supervisory bodies. The book contains comprehensive information on all aspects of interest to public authorities, marketers and manufacturers, presenting the material in a systematic framework based on EC law and in a way designed to help finding the answers arising in practice. As for example: EU directives and regulatory guides relating to the products of interest (certification, standards); obligations and liabilities of those responsible for manufacture, marketing, installation and application of products; general principles of EC law to be observed in addition to regulatory guides; scope of discretion remaining for the German legislator in implementation of the law; resulting modification of duties and scope for action of the competent public authorities; availability of domestic and EC judicial remedies; how to prevent risks and exploit the rights offered by the law so as to be as successful as possible in the deregulated internal market; novel strategies opened up or called for by the novel legal instruments. (orig./CB)

  8. Transboundary aquifers: the response of international law and legal voids in Central America; Acuiferos transfronterizos: respuestas desde el derecho internacional y vacios en Centroamerica

    Energy Technology Data Exchange (ETDEWEB)

    Boeglin, N.

    2012-11-01

    Central America is one of the regions of the world that will suffer the impact of climate change much more than others. The adoption of clear rules on the use of transboundary aquifers and on the need to preserve these groundwater reservoirs from serious pollution by the various states in the region is absolutely essential. Despite the lack of any bilateral or regional frameworks to rule on this issue, many general regulations have been adopted within the international framework of the United Nations that are applicable to shared surface and groundwater resources as well as to transboundary aquifers. The case of the Las Crucitas project in Costa Rica, halted by domestic tribunals thanks to the decisive action of its civilian society, reflects a clear lack of technical information concerning aquifers in Costa Rica, and probably in many other states in the region, despite the very valuable efforts being undertaken by the OAS and UNESCO under the aegis of the ISARM project for the Latin American region.

  9. Research document no. 20. The constitutionalizing of the international legal regime of the petroleum investments and the world market reconstruction; Cahier de recherche no. 20. La constitutionalisation du regime juridique international des investissements petroliers et la (re)construction du marche mondial

    Energy Technology Data Exchange (ETDEWEB)

    Noel, P

    2000-09-01

    We analyse the new international legal regime for upstream petroleum investments and ''state contracts'' in general. In striking contrast to the ''New international economic order'' and ''Permanent sovereignty over natural resources'' ideologies of the 1960 and 1970, the emerging regime promotes the sanctification of contractual economic rights; the strict definition of State sovereign prerogatives, and the severe limitation of their conditions of exercise; the internationalization of the settlement of disputes through direct firm-State arbitration; the integration of national territories in a competitive, transparent, non-discriminative global market for investment. We demonstrate that it is rooted in the principles of liberal constitutionalism, hence promoting the internationalization of the Rule of Law. Such a legal regime is conducive to the expansion of the market for petroleum rights, as it restores the institutional conditions for credible commitment by the State. It will also accelerate the trend toward the ''commoditization'' of hydrocarbon resources. Bilateral investments treaties (especially the United States BIT program) as well as multilateral/regional instruments both general (draft MAI, MIGA, MERCOSUR, ALENA) and energy-specific (Energy Charter Treaty) are analysed as the main pillars and diffusion mechanisms of the new regime. A final paragraph indicates the way forward: the evaluation of the impact of this new legal regime on the world oil supply curve, especially as it eventually reaches - or not - some of the lowest-cost, biggest-resources countries. (author)

  10. A Brief History of International Latin American Student Fraternities: A Movement That Lasted 86 Years (1889-1975)

    Science.gov (United States)

    Fajardo, Oliver

    2015-01-01

    An international Latin American student fraternity movement preceded the current Latino Greeks that are seen on college campuses today. This document provides new information that has not been published. The movement lasted 86 years and primarily served wealthy international Latin American students who came to the United States to study and, once…

  11. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

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

  12. Legal regulation of the obligations in old romanian law, greek and roman

    Directory of Open Access Journals (Sweden)

    Ion Tutuianu

    2012-12-01

    Full Text Available Legal history shows that those who are defined obligation Romans definition valid today as a relationship as we submit to a benefit from a third party. Their importance lies in the fact that although rooted in ancient as it spread in all legal systems, across time and still keeping the same legal and economic importance.

  13. Practical Problems of Legal Regulation of Customs Duties Developing an International Trade Between the Republic of Lithuania And East Asian Countries

    Directory of Open Access Journals (Sweden)

    Valantiejus Gediminas

    2016-12-01

    Full Text Available For more than ten years (since 2004 the Republic of Lithuania is a member of the EU and is realizing its economic and trade relations with other foreign countries, and regulating customs duties according to the requirements of the EU Common Commercial Policy. However, in the recent years foreign trade (in particular - exports of goods remained one of the main factors which increased an economic growth (recovery in the Republic of Lithuania after the global economic crisis of the world, which began in 2008. In this context, the search for new markets and expansion of trade relations with new trade partners in Asia became essential in order to diversify the structure of the national economy and avoid dependence on traditional trade partners, such as Russia. Taking into account this strategic goal, the article seeks to answer a question whether an existing foreign trade regulation system ensures the status of Lithuania as an attractive partner of foreign trade with East Asian countries (Taiwan, Hong Kong, South Korea and Singapore and what regulatory instruments (customs duty rules and procedures should be used on the national level to ensure cooperation with these countries. In order to answer this problematic question, the first chapter of the article overviews general tendencies in Lithuanian foreign trade with the countries of East Asia, while the second chapter is dedicated to describe regulatory regime for import customs duties on the national level (in line with the major provisions of the EU Common Commercial Policy. The practical problems and obstacles to international trade are presented in the third chapter and are illustrated by the examples of case law, which was formed in disputes relating to the decisions and actions of Lithuanian national customs authorities for the period from 1 May, 2004 (since entry to the EU.

  14. Comparison of Patient Health History Questionnaires Used in General Internal and Family Medicine, Integrative Medicine, and Complementary and Alternative Medicine Clinics.

    Science.gov (United States)

    Laube, Justin G R; Shapiro, Martin F

    2017-05-01

    Health history questionnaires (HHQs) are a set of self-administered questions completed by patients prior to a clinical encounter. Despite widespread use, minimal research has evaluated the content of HHQs used in general internal medicine and family medicine (GIM/FM), integrative medicine, and complementary and alternative medicine (CAM; chiropractic, naturopathic, and Traditional Chinese Medicine [TCM]) clinics. Integrative medicine and CAM claim greater emphasis on well-being than does GIM/FM. This study investigated whether integrative medicine and CAM clinics' HHQs include more well-being content and otherwise differ from GIM/FM HHQs. HHQs were obtained from GIM/FM (n = 9), integrative medicine (n = 11), naturopathic medicine (n = 5), chiropractic (n = 4), and TCM (n = 7) clinics in California. HHQs were coded for presence of medical history (chief complaint, past medical history, social history, family history, surgeries, hospitalizations, medications, allergies, review of systems), health maintenance procedures (immunization, screenings), and well-being components (nutrition, exercise, stress, sleep, spirituality). In HHQs of GIM/FM clinics, the average number of well-being components was 1.4 (standard deviation [SD], 1.4) compared with 4.0 (SD, 1.1) for integrative medicine (p medicine (p = 0.04), 2.0 (SD, 1.4) for chiropractic (p = 0.54), and 2.0 (SD, 1.5) for TCM (p = 0.47). In HHQs of GIM/FM clinics, the average number of medical history components was 6.4 (SD, 1.9) compared with 8.3 (SD, 1.2) for integrative medicine (p = 0.01), 9.0 (SD, 0) for naturopathic medicine (p = 0.01), 7.1 (SD, 2.8) for chiropractic (p = 0.58), and 7.1 (SD, 1.7) for TCM (p = 0.41). Integrative and naturopathic medicine HHQs included significantly more well-being and medical history components than did GIM/FM HHQs. Further investigation is warranted to determine the optimal HHQ content to support the clinical and preventive

  15. TENNIS: HISTORY AND THE PRESENT

    Directory of Open Access Journals (Sweden)

    Borisova O. V.

    2012-12-01

    Full Text Available Purpose - a substantiation of ways of development of professional sports in Ukraine (on a tennis material. The primary information is received by the analysis of the scientifically-methodical literature and the documentary sources, official sites of organizational structures of tennis (АТР, WТА, ITF, continental and national federations, organising committees of tennis tournaments, tennis academies etc. (more than 450 sources; the method of expert estimations (the qualified experts, judges, trainers, science officers - 26 people was applied. In article possibility of use of tennis as by one of effective models of development of Olympic kinds of sports in conditions of commercialization and professionalization is theoretically proved; the history-theoretical analyzes of development of professional tennis in the world (3 periods is carried out; the analyzes of its organizational-legal and economic forms at the international and national levels.

  16. THE COOPERATIVE INTERNATIONAL NEUROMUSCULAR RESEARCH GROUP DUCHENNE NATURAL HISTORY STUDY—A LONGITUDINAL INVESTIGATION IN THE ERA OF GLUCOCORTICOID THERAPY: DESIGN OF PROTOCOL AND THE METHODS USED

    Science.gov (United States)

    McDonald, Craig M.; Henricson, Erik K.; Abresch, R. Ted; Han, Jay J.; Escolar, Diana M.; Florence, Julaine M.; Duong, Tina; Arrieta, Adrienne; Clemens, Paula R.; Hoffman, Eric P.; Cnaan, Avital

    2014-01-01

    Contemporary natural history data in Duchenne muscular dystrophy (DMD) is needed to assess care recommendations and aid in planning future trials. Methods The Cooperative International Neuromuscular Research Group (CINRG) DMD Natural History Study (DMD-NHS) enrolled 340 individuals, aged 2–28 years, with DMD in a longitudinal, observational study at 20 centers. Assessments obtained every 3 months for 1 year, at 18 months, and annually thereafter included: clinical history; anthropometrics; goniometry; manual muscle testing; quantitative muscle strength; timed function tests; pulmonary function; and patient-reported outcomes/ health-related quality-of-life instruments. Results Glucocorticoid (GC) use at baseline was 62% present, 14% past, and 24% GC-naive. In those ≥6 years of age, 16% lost ambulation over the first 12 months (mean age 10.8 years). Conclusions Detailed information on the study methodology of the CINRG DMD-NHS lays the groundwork for future analyses of prospective longitudinal natural history data. These data will assist investigators in designing clinical trials of novel therapeutics. PMID:23677550

  17. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  18. Development of a Language for International Law: The Experience of Esperanto.

    Science.gov (United States)

    Harry, Ralph L.

    1989-01-01

    Recounts the history of interest in developing Esperanto as a lingua franca for international law and diplomacy, beginning with Zamenhof's development of Esperanto and proceeding through the development of a lexicon for the language and through its application to legal issues. Prospects for the future of Esperanto are discussed. (DJD)

  19. Energy - politics - history. National and international energy politics since 1945; Energie - Politik - Geschichte. Nationale und internationle Energiepolitik seit 1945

    Energy Technology Data Exchange (ETDEWEB)

    Hohensee, J. [ed.; Salewski, M. [ed.

    1993-12-31

    All articles focus on historical aspects of the development of energy politics in the Federal Republic of Germany (energy enconomy and industry, hard coal, nuclear energy). Some articles also look at international developments (oil boycott, Saudia Arabias`s oil policies, International Energy Agency). (UA) [Deutsch] Im Vordergrund der Beitraege stehen historische Aspekte der Entwicklung der Energiepolitik in der Bundesrepublik Deutschland (Energiewirtschaft, Steinkohle, Kernenergie), einige Arbeiten werfen auch einen Blick auf internationale Entwicklungen (Oelboykott, Erdoelpolitik Saudi-Arabiens, Internationale Energie-Agentur). (UA)

  20. Supreme Court Position Regarding the Implementation of International Law Crimes of the Past in Spain: a Legal Analysis after Reports of the un Working Group on Enforced Disappearance, the Committee on Enforced Disappearances and the un Special Rapporteur

    Directory of Open Access Journals (Sweden)

    Javier Chinchón Álvarez

    2014-10-01

    Full Text Available Along with the undeniable importance of the case, the judgment of the Spanish Supreme Court in the trial against Judge Baltasar Garzón accused of prevarication, having declared itself competent to investigate complaints for crimes committed during the Civil War and the Franco’s regime, it has had a determining significance: from then to now, the doctrine of the High Court has been almost literally followed by the remaining Spanish courts against any complaint concerning to crimes com- mitted before the last transition to democracy in Spain. This state of affairs has been repeatedly criticized by various bodies of the United Nations, expressly by the three that have visited Spain more recently: The UN Working Group on Enforced or Involuntary Disappearances, the Committee on Enforced Disappearances and the UN Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Repetition. In this contribution will be presented and analysed transcendent positions defended by the Supreme Court regarding the application of international law to the past crimes in Spain and especially its configuration as crimes against humanity, the legal assessment about the enforced disappearance, and the validity and application of the 1977 Amnesty Law.

  1. A brief motivational interview promotes internal motivation to donate blood among young adults with and without a prior donation history.

    Science.gov (United States)

    Livitz, Irina E; Fox, Kristen R; Himawan, Lina K; France, Christopher R

    2017-06-01

    Recruitment and retention of first-time and repeat donors is essential to maintain a stable blood supply. Recent evidence has shown that promoting internal motivation may be an effective strategy to enhance donation behavior. We tested the efficacy of an in-person motivational interview at increasing internal motivation and intention to donate. A sample of 219 donors and nondonors (69.4% female; mean ± SD age, 19.2 ± 1.1 years; 52.1% nondonors) were randomly assigned to either a motivational or a knowledge interview. Immediately before and after the interview participants completed a measure of donation intention and the Blood Donor Identity Survey, which is a multidimensional measure of donor motivation. A latent profile analysis revealed three distinct latent classes, which were identified as low internal motivation, mid internal motivation, and high internal motivation. Comparison of change in latent class from pre- to postinterview revealed that a higher proportion of participants in the motivational interview group moved to a more internally motivated class compared to the knowledge interview group (i.e., 34% vs. 4%, respectively). Further, relative to the knowledge interview group, participants in the motivational interview group reported greater increases in intention to donate. A brief motivational interview may enhance donation intention and intrinsic motivation among both experienced donors and nondonors alike. © 2017 AABB.

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

    African Journals Online (AJOL)

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

  3. Staff Exchange or Legal Alien Programs

    DEFF Research Database (Denmark)

    Jørgensen, Rune Nørgaard

    2016-01-01

    SRA would very much like to support the exchange of best practice between members throughout the year and the Membership Committee is presently looking into the opportunities for a Staff Exchange or Legal Alien Program. However the International Section has already had the chance to provide...

  4. Legal Lexicography in Theory and Practice

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2015-01-01

    Danish into English should contain data that match the factual and linguistic user competences, user needs and usage situations and should therefore include data about Danish, UK English, US English and international legal terms, their grammatical properties, and their potential for being combined...

  5. Legal aspects of cross-border teleradiology

    International Nuclear Information System (INIS)

    Pattynama, Peter M.T.

    2010-01-01

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

  6. Documentary Letters of Credit, Legal Nature and Sources of Law

    Directory of Open Access Journals (Sweden)

    Alavi Hamed

    2016-06-01

    Full Text Available There is no doubt about risky nature of international trade. Such risk can be conceptualized as country risk, transportation risk, customer risk and etc. Documentary Letters of Credit (LC are used as a method of payment in international business for many centuries in order to reduce risk of trade specially when parties are located in different countries and do not have precise information from financial standing of each other. In such occasion LC will reduce the risk of trade by shifting payment obligation from buyer as an individual to a payment guarantee of a bank as a legal entity in return for presentation of complying documents with terms of credit by seller. Familiarity with legal nature and different legal frameworks which govern the international operation of documentary letters of credit can facilitate the process of international trade for businessmen and boost national economies. However, lack of knowledge about them can impose huge losses on international traders. Situation will be more complicated when we understand that there are many internationally recognized legal frameworks which can affect the operation of LC and they get frequently updated in order to address technological and economic developments in global market. In this paper, author tries to answer questions regarding (i what are international legal frameworks governing operation of documentary letters of credit? (ii which areas of LC operation has been covered by them and (iii how do they address the legal questions regarding international operation of documentary letters of credit?

  7. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  8. Judicialization of International Relations: Do International Courts Matter?

    Czech Academy of Sciences Publication Activity Database

    Malíř, Jan

    2013-01-01

    Roč. 3, č. 3 (2013), s. 208-224 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : judicialization * international relations * legal and extralegal factors Subject RIV: AG - Legal Sciences

  9. INTERNATIONAL MAPPING PROJECT “THE ATLAS OF GREATER ALTAI: NATURE, HISTORY, CULTURE” AS THE FOUNDATION FOR MODELS OF SUSTAINABLE DEVELOPMENT

    Directory of Open Access Journals (Sweden)

    Irina N. Rotanova

    2014-01-01

    Full Text Available The paper presents the concept and approaches to the creation of a special interdisciplinary Atlas of Greater Altai. The main objective of the Atlas is to ensure the maximal possible access of the international community to reliable, current, and accurate spatial information on the transboundary Greater Altai region. The paper discusses the preconditions that facilitate the development of this unique cartographic product, the main sections of its structure (nature, history, and culture, and the main themes of its maps. The paper demonstrates the need for geoinformation support and a web-based version of the GIS-based Atlas. The Atlas can be used indecision-making in the scope of the international cross-border cooperation in the Altai region.

  10. Juris International

    CERN Document Server

    A database on international trade law aimed at lawyers and legal counsel in developing and transition economies. Juris International is a multilingual collection (English, Spanish, and French) of legal information on international trade. Juris International aims to facilitate and reduce the work involved in research for business lawyers, advisers and in-house counsel, and state organizations in developing nd transition economies, by providing access to texts which have often been difficult to obtain. Its objective is to gather a large quantity of basic information at one site (favoring complete legal texts), without the need to send for the information, and consequently without excessive communication costs for users who d benefit from an efficient and cheap telecommunications network.

  11. Cultivate Africa's Future - Phase 2 | IDRC - International ...

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

    Does an international organisation headquartered outside eligible countries but legally registered to operate in an eligible ... An International Organisation that is legally registered to operate in an eligible country can apply as an ... Knowledge.

  12. Culture as Curriculum: Education and the International Expositions (1876-1904). History of Schools and Schooling. Volume 2

    Science.gov (United States)

    Provenzo, Eugene F., Jr.

    2012-01-01

    The great International Expositions of the late nineteenth and early twentieth centuries brought together the world's political, intellectual, and industrial leaders for the exchange of information and ideas. They also promoted specific cultural values and belief systems. In this book, Eugene F. Provenzo, Jr. looks specifically at the educational…

  13. History of International Workshop on Mini-Micro- and Nano- Dosimetry (MMND) and Innovation Technologies in Radiation Oncology (ITRO)

    Science.gov (United States)

    Rosenfeld, Anatoly B.; Zaider, Marco; Yamada, Josh; Zelefsky, Michael J.

    2017-01-01

    The biannual MMND (former MMD) - IPCT workshops was founded in collaboration between the Centre for Medical Radiation Physics, University of Wollongong and the Memorial Sloan Kettering Cancer Center (MSKCC) in 2001 and has become an important international multidisciplinary forum for the discussion of advanced quality assurance (QA) dosimetry technology for radiation therapy and space science, as well as advanced technologies for clinical cancer treatment.

  14. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

    Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

    2011-01-01

    In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

  15. The legal framework for nuclear development

    International Nuclear Information System (INIS)

    Baker, J.

    1982-01-01

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

  16. International Research Roundtable “History of the Kazakh Statehood. On the 80th Anniversary of the Famous Researcher K.A. Pischulina” (December 24, 2014 »

    Directory of Open Access Journals (Sweden)

    K.Z. Uskenbay

    2015-06-01

    Full Text Available This article contains a brief description of the International research confe­rence. The author gives a brief description of the papers presented at the conference. The following reports were presented at the conference: K.Z. Uskenbay. “The Kazakh Statehood during the Late Middle Ages in the Scientific Biography of K.A. Pishchulina”; A. Daulethan. “Formation of Kazakh Culture in the Era of the Mongol Uluses (13th–16th centuries”; N. Kenzheahmet. “The Kazakh Kha­nate in the Chinese Sources (15th–16th centuries”; I.M. Mirgaleev. “Activities of the Centre for Research on the Golden Horde History (Sh.Marjani Institute of History, Academy of Sciences of the Republic of Tatarstan Aimed at Studying New Sources”; K.U. Torlanbaeva. “Ancient and Medieval Kazakhstan in Migration Processes”; Zh.Zh. Zhenis. “Continuity of Statehood and Traditional Worldview in the Empire of Genghis Khan”; A.P. Ermuhamedova. “The Oghuz Role in World History”; N.A. Atygaev. “Early Stage in the History of Kazakh Khanate in the Works of K.A. Pischulina”.

  17. Criminal Justice History

    Directory of Open Access Journals (Sweden)

    Thomas Krause

    2005-01-01

    Full Text Available This review article discusses studies on the history of crime and the criminal law in England and Ireland published during the last few years. These reflect the ›history of crime and punishment‹ as a more or less established sub-discipline of social history, at least in England, whereas it only really began to flourish in the german-speaking world from the 1990s onwards. By contrast, the legal history of the criminal law and its procedure has a strong, recently revived academic tradition in Germany that does not really have a parallel in the British Isles, whose legal scholars still evidence their traditional reluctance to confront penal subjects.

  18. EKSISTENSI BANTUAN HUKUM TERHADAP PRAJURIT TNI SEBAGAI PELAKU TINDAK PIDANA DAN PRAKTIKNYA / The Existence And Practice Of Legal Assistance To Indonesian National Armed Forces Personnel As Criminal Offender

    Directory of Open Access Journals (Sweden)

    Tumbur Palti D Hutapea

    2016-11-01

    Full Text Available Bantuan Hukum merupakan bantuan yang diberikan oleh seorang ahli di bidang hukum atau penasihat hukum kepada seorang yang terkena masalah hukum di setiap tahapan pemeriksaan baik di luar maupun di dalam pengadilan. Peranan bantuan hukum bagi Prajurit TNI sangat diperlukan dalam menghadapi permasalahan hukum yang dihadapinya. Peraturan perundang-undangan yang mengatur bantuan hukum di lingkungan TNI sepanjang sejarah berdirinya TNI telah mengutamakan bantuan hukum yang berasal dari internal TNI berdasarkan perintah di mana personilnya belum memiliki akreditasi/sertifikasi, sehingga kalangan eksternal sulit memasuki lingkungan hukum militer sebab harus memperoleh izin Perwira Penyerah Perkara (Papera. Perlunya prioritas percepatan RUU tentang Peradilan Militer yang salah satunya merevisi aturan pemberian bantuan hukum kepada Prajurit TNI. Selanjutnya diperlukan kebebasan memilih dan menetapkan layanan bantuan hukum dari advokat profesional atau dengan menggunakan sarana posbakum, khususnya perkara yang diancam pidana mati dan pidana tambahan berupa pemecatan dari dinas militer.   Legal assistance is an assistance given by an expertise in law area or legal advisors to those who have legal problems at every stage of investigation both outside and inside the court. The role of legal assistance for Indonesian National Armed Forces personnel is important. The Legislation covering legal assistance in the Indonesian National Armed Forces community throughout the history has prioritized internal legal assistance where the personnel itself does not have certification/ accreditation for it. The external is hard to get involve and have to obtain special permission from the Officers hand the case (Papera. Accelerating the Bill on Military Justice to revise the rules on providing legal assistance to Army personnel is priority. Furthermore, the necessary freedom to choose and establish legal assistance services of a professional advocate or by means POSBAKUM

  19. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science

  20. ELSA for Children Legal Research Report

    DEFF Research Database (Denmark)

    Ó Cathaoir, Katharina Eva

    In order to support the Council of Europe ONE in FIVE Campaign to stop sexual violence against children, to contribute to the protection of children’s rights in Europe and to increase the awareness of law students on the subject, ELSA created a network-wide Legal Research Group (LRG) called ‘ELSA...... for Children’. Throughout 2012, 250 students from 23 countries carried out research on the implementation of European and international instruments protecting children against violence and sexual abuse. The project resulted in a final report compiling national data on the different definitions and legal...

  1. Legal and regulatory framework of Uranium's enrichment

    International Nuclear Information System (INIS)

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

    2009-01-01

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

  2. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

    Wright, Glen; Rochette, Julien; O'Hagan, Anne Marie; De Groot, Jiska; Leroy, Yannick; Soininen, Niko; Salcido, Rachael; Castelos, Montserrat Abad; Jude, Simon; Kerr, Sandy

    2015-01-01

    Ocean energy is a novel renewable energy resource being developed as part of the push towards a 'Blue Economy'. The literature on ocean energy has focused on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received less attention, despite their importance in supporting this new technology and ensuring its sustainable development. In this Issue Brief, we set out some key legal challenges for the development of ocean energy technologies, structured around the following core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources. (authors)

  3. INTERNATIONAL LEGAL PROTECTION FOR CLIMATE REFUGEES ...

    African Journals Online (AJOL)

    RAYAN_

    1 The Island President (Samuel Goldwyn Films 2011). 2 ibid. 3 ibid. 4 Fifteenth .... oxygen.20 Additionally, the industrial revolution has led to the destruction of forests, which .... speech to the Royal Commonwealth Society in London stating that .... human rights and fundamental freedoms of individuals or groups.”71. Adopted ...

  4. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) - 35 Years of Global Efforts to Ensure That International Trade in Wild Animals and Plants Is Legal and Sustainable.

    Science.gov (United States)

    Wijnstekers, W

    2011-01-01

    CITES is a 35-year-old convention with a current total of 175 signatories, or parties. It regulates international trade in live specimens and products of more than 30,000 animal and plant species under three different trade regimes. CITES has clearly proved its importance for nature conservation, but its regulations often are difficult to implement and enforce, leading to unacceptably high levels of unsustainable and illegal trade in many wildlife species. There are ways, however, to improve the situation and to make compliance with CITES regulations both easier and more attractive. Copyright © 2011 Central Police University.

  5. Weighing the legal basis for housing rights in Zimbabwe | IDRC ...

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

    2016-12-13

    Dec 13, 2016 ... Weighing the legal basis for housing rights in Zimbabwe ... through the Safe and Inclusive Cities partnership with the UK's Department for International Development. ... Transforming the slum: The case of Mumbai's M-Ward.

  6. PENGARUH FREKUENSI AUDIT ATAS LAPORAN KEUANGAN HISTORIS TERHADAP KEANDALAN STRUKTUR PENGENDALIAN INTERN PADA PERUSAHAAN DI KOTA DENPASAR

    Directory of Open Access Journals (Sweden)

    I KETUT YADNYANA

    2007-07-01

    Full Text Available This research is intended to reveal the effect of the auditing frequency tothe historical financial statement on the capability of internal control structure ofbusiness enterprises in Denpasar. This research is also carried out to gain theempirical evidence of the effect of auditing frequency to the historical financialstatement on the capability of internal control structure without paying attentionto other variables. A series of statistical tests have been done by using singleregression analysis, Product Moment Pearson correlation analysis, and FAnova.The result shows that the effect of auditing frequency to the historicalfinancial statement has a significant influence on the capability of internal controlstructure. Furthermore, a test to an independent variable (X is performed to findout whether an independent variable (X could explain the changing variation todependent variable (Y. This test results R2 = 0,508, which means that theindependent variable (X could explain the changing variation in the independentvariable (Y to the extent of 50,8%. The rest of it, which is 49,2% could beexplained by other factors excluded in this model.

  7. The Right to Education in the International Regulations on Protection of Human Rights and its regulation in the National Legal System : Preliminary Analysis from the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights

    Directory of Open Access Journals (Sweden)

    Maria Creusa de Araújo Borges

    2016-05-01

    Full Text Available We examine, in this article, the question of the right to education, from the Univer- sal Declaration of Human Rights (1948 and the International Covenant on Economic, Social and Cultural Rights (1966. In the Brazilian national law, they are analyzed the Federal Constitution of 1988 and the Law of Guidelines and Bases of National Educa- tion, 1996, regarding the regulation of education matter, in coordination with the inter- national instruments in question. It is noteworthy that the regulation of the matter at the national level, is influenced by the recognition of this right in international norms, but advances in the recognition of the right to higher education of marginalized social groups, expanding the mandatory gratuity and beyond elementary school because in the Brazilian case, basic education is compulsory and the principle of free governs the entire education system in official establishments. Set up in this way, the existence of an essential core regarding the right to education, which is fully chargeable.

  8. Monographs in Aerospace History Series No. 11. Together in Orbit: The Origins of International Participation in the Space Station

    Science.gov (United States)

    Logsdon, John M.

    1998-01-01

    This essay is a history and analysis of the steps leading to the origins of the space station partnership between the United States and its closest allies. It traces the process that led to the decision to invite other countries to participate in the project and their reasons for accepting that invitation. Not covered in this account are the difficult negotiations during the 1984-1988 period that led first to an initial set of agreements that allowed the prospective partners to work together during the early stages of the space station program and then to the final set of agreements creating the original space station partnership. Also, the 1993 invitation to the Russian Federation to join the original partners is not discussed, nor are the subsequent negotiations to revise the 1988 agreements.

  9. History, Philosophy and Sociology of Science in Science Education: Results from the Third International Mathematics and Science Study

    Science.gov (United States)

    Wang, Hsingchi A.; Sshmidt, William H.

    Throughout the history of enhancing the public scientific literacy, researchers have postulated that since every citizen is expected to have informal opinions on the relationships among government, education, and issues of scientific research and development, it is imperative that appreciation of the past complexities of science and society and the nature of scientific knowledge be a part of the education of both scientists and non-scientists. HPSS inclusion has been found to be an effective way to reach the goal of enhancing science literacy for all citizens. Although reports stated that HPSS inclusion is not a new educational practice in other part of the world, nevertheless, no large scale study has ever been attempted to report the HPSS educational conditions around the world. This study utilizes the rich data collected by TIMSS to unveil the current conditions of HPSS in the science education of about forty TIMSS countries. Based on the analysis results, recommendations to science educators of the world are provided.

  10. The trend of foreign direct investment movement: Did unintended nation brand of legal-families play an instrumental role?

    OpenAIRE

    Tse, Chin-Bun; Kam, Oi-Yan

    2018-01-01

    Combining the suggestion from Fan (2006) that a nation can have a brand image without deliberating efforts of nation branding and the work from Klerman et al. (2011) on Colonial History and effects on legal systems, we view that legal-systems could be an unintended nation brand that could instrumentally affect foreign direct investment (FDI) activities. We classify 193 countries according to their Colonial History or no-Colonial History into 5 legal-families. Applying Generalised Methods of M...

  11. Published White House Internal Memos: Legal Transparency or Subtle Electoral Canvassing? La publication officielle des rapports internes de la Maison Blanche : transparence légale ou subtile stratégie électorale ?

    Directory of Open Access Journals (Sweden)

    Mounir Triki

    2009-10-01

    Full Text Available Dans quelle mesure la manipulation du « genre » est-elle une stratégie utile  à des fins pragmatiques ? Les rapports internes de la Maison Blanche et les décrets officiels présentent un intérêt d’analyse stimulant : celui de « l’affiliation générique ». D’un côté, ce sont des exemples de discours officiels, d’où leur vocabulaire légal. D’autre part, le fait qu’ils sont publiés et non tenus secrets signifie que le bureau de presse de la Maison Blanche y voit une utilité politique certaine en les rendant public, d’où la présence d’une coloration propagandiste subtile des messages. Afin d’illustrer ce « jeu générique », l’étude des rapports internes de G.W. Bush sur la politique des Indiens d’Amérique est au cœur de notre réflexion. Il est intéressant de noter que la période de publications de ces écrits coïncide curieusement avec des événements politiques de grande importance, servant ainsi des ambitions plus ou moins voilées.

  12. Reinforcing the (neo-)Hobbesian representations of international law

    NARCIS (Netherlands)

    d' Aspremont, J.

    2010-01-01

    The question of the foundations of the international legal order has long fuelled controversies. The mainstream international legal scholarship, dominated by liberal and constitutionalist discourses, has advocated an understanding of international law that rests on global values. This article

  13. Towards Household History

    NARCIS (Netherlands)

    van Rappard, J.F.H.

    1998-01-01

    It is maintained that in contradistinction to the natural sciences, in psychology (and other human sciences) ‘history is not past tense’. This is borne out by the contemporary relevance of a specific part of the history of psychology, which focuses on the internal-theoretical significance of history

  14. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  15. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

  16. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  17. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

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

  18. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

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

  19. Meeting the Needs for Legal Education in the South.

    Science.gov (United States)

    Pye, A. Kenneth

    The purpose of this paper is to collect and analyze data related to the needs of the legal profession and the capacity of law schools to meet these needs in the southern states. The law schools in this southern region are educating more law students than at any time in history. But the need for legal services in the region and the large number of…

  20. Transitional Justice: History-Telling, Collective Memory, and the Victim-Witness

    Directory of Open Access Journals (Sweden)

    Chrisje Brants

    2013-06-01

    Full Text Available This article examines the complex, inherently political, and often contradictory processes of truth-finding, history-telling, and formation of collective memory through transitional justice. It explores tensions between history-telling and the normative goals of truth commissions and international criminal courts, taking into account the increasing importance attributed to victims as witnesses of history. The legal space these instruments of transitional justice offer is determined by both their historical and political roots, and specific goals and procedures. Because the legal space that truth commissions offer for history-telling ismore flexible and their report open to public debate, they may open up alternative public spaces and enable civil society to contest the master narrative. The legal truth laid down in the rulings of an international criminal court is by definition closed. The verdict of a court is definite and authoritative; closure, not continued debate about what it has established as the truth, is its one and only purpose. In conclusion, the article calls for a critical appraisal of transitional justice as acclaimed mediator of collective memories in post-conflict societies.

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

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

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

  2. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  3. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  4. [Acute scrotal pain in childhood: legal pitfalls].

    Science.gov (United States)

    Bader, Pia; Hugemann, Christoph; Frohneberg, Detlef

    2017-12-01

    Acute scrotal pain in childhood is an emergency.Sudden scrotal pain may be caused by a variety of diseases. Therefore, it is important to carefully consider the specific medical history and possible differential diagnoses in each case for fast and decisive action (e. g. in case of testicular torsion). As minors lack the capacity for consent, it is absolutely necessary to obtain consent from their legal guardian. However, obtaining consent in the available time frame can cause organisational challenges in an acute emergency, which may lead to situations in the daily routine where a therapeutic decision needs to be taken (including surgery) without legal security based on consent by the guardian. In some cases, the child's consent also needs to be taken into account, depending on its age and development.For the physician and surgeon in charge, the legal evaluation of the case at hand and therewith the obtainment of legal security are of great significance. © Georg Thieme Verlag KG Stuttgart · New York.

  5. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  6. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

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

  7. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

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

  8. International

    International Nuclear Information System (INIS)

    Anon.

    1997-01-01

    This rubric reports on 10 short notes about international economical facts about nuclear power: Electricite de France (EdF) and its assistance and management contracts with Eastern Europe countries (Poland, Hungary, Bulgaria); Transnuclear Inc. company (a 100% Cogema daughter company) acquired the US Vectra Technologies company; the construction of the Khumo nuclear power plant in Northern Korea plays in favour of the reconciliation between Northern and Southern Korea; the delivery of two VVER 1000 Russian reactors to China; the enforcement of the cooperation agreement between Euratom and Argentina; Japan requested for the financing of a Russian fast breeder reactor; Russia has planned to sell a floating barge-type nuclear power plant to Indonesia; the control of the Swedish reactor vessels of Sydkraft AB company committed to Tractebel (Belgium); the renewal of the nuclear cooperation agreement between Swiss and USA; the call for bids from the Turkish TEAS electric power company for the building of the Akkuyu nuclear power plant answered by three candidates: Atomic Energy of Canada Limited (AECL), Westinghouse (US) and the French-German NPI company. (J.S.)

  9. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  10. El tratamiento jurídico de las migraciones internacionales a través de las regulaciones globalistas de gestión de mano de obra (The Legal Treatment of International Migrations Through Globalized Labour Management Regulation

    Directory of Open Access Journals (Sweden)

    Iker Barbero González

    2011-05-01

    Full Text Available This article deals with the emerging global tendency to regulate international migrations, not by regarding a universal humanitarian and labour Law, but according to neoliberal normative production standards: flexibility, informality, governance… Supranational institutions such as the WTO, the IOM or the EU are establishing normative agreements (GATS, the NAFTA, the EEC… that regulate migrations as labour and in profit of the global markets. The new contractual models become fragmented titles that recognize rights as immigrant workers and not as a persons or human beings, placing in a legal limbo those who migrate outside the established mechanisms and that not meet the qualification requirements of the global workforce. This text is addressed to the analysis of the categorization of migrants as disposable labour in the global management of the flows.Este texto está dedicado al análisis de la categorización del migrante como mera “mano de obra” en la gestión global de los flujos. Existe una tendencia global a regular las migraciones, no desde un Derecho formal universal, sino desde lo que podría ser denominado en sentido amplio “Soft Law”. Así, las distintas normas que, a nivel mundial, se encargan de ordenar las migraciones son creadas de acuerdo a los criterios de producción jurídica característicos de la etapa contemporánea de globalización neoliberal: flexibilidad, informalidad, descentralización, gobernanza, etc. Instituciones supranacionales como la OIM, la OMC o la Unión Europea (con la intervención de los Estados nación o sin ella establecen estándares normativos (el AGCS o GATS, el TLCNA, la Blue Card, etc, mediante los cuales se regulan los flujos de migrantes atendiendo a las necesidades del mercado mundial. Los nuevos modelos contractuales se convierten en títulos fragmentados reconocedores de derechos en tanto que trabajador inmigrante y no como persona o ser humano, situando de esta manera, en un penoso

  11. Abandonment (field decommissioning): The legal requirements

    International Nuclear Information System (INIS)

    Roberts, M.

    1994-01-01

    The main areas to be considered in relation to the abandonment of offshore installations are: (1) the legal requirements to be imposed in relation to abandonment, this will include consideration of English, Norwegian and Dutch law as well as international law; (2) how licensees may protect themselves against joint and several liability for performance of their legal obligations in relation to abandonment by the provision of security; and (3) consideration of practical examples of abandonment such as the abandonment of the Piper Alpha platform on the UK continental shelf and the K13-D platform on the Dutch continental shelf. This paper considers only abandonment of offshore installations as very different considerations apply onshore and applies only to Europe, though the international treaties will also apply elsewhere

  12. Information Warfare and International Law

    National Research Council Canada - National Science Library

    Greenberg, Lawrence T; Goodman, Seymour E; Soo Hoo, Kevin J

    1998-01-01

    .... Some legal constraints will certainly apply to information warfare, either because the constraints explicitly regulate particular actions, or because more general principles of international law...

  13. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  14. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

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

  15. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, 𔃺 le. ~~rt n the

  16. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  17. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  18. Legal problems of energy supply within the European Communities

    International Nuclear Information System (INIS)

    Tettinger, P.J.

    1993-01-01

    The report contains two articles; the first one is titled: The Directives on Transit of Gas and Electricity - Considerations regarding the juridical limits of the realisation of the Internal Market in the Energy Sector. It has basic considerations regarding the competences of the EC-legal nature of primary and secondary Community law; it analyzes the network of competences, the legality of the Commission's Proposals concerning the Internal Energy Market and further on the possibilities of legal recourse for enterprises in the Federal Republic of Germany in case the proposal directives are adopted. The second article deals with legal problems of energy supply within the EC-especially under the aspect of British coal mining. It incluses considerations regarding a proposed European Energy Charter, recent developments in EC-law regarding electricity and natural gas, third country imports: dumping, and privatisation. (HSCH)

  19. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  20. Solar energy legal bibliography. Final report. [160 references

    Energy Technology Data Exchange (ETDEWEB)

    Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.

    1979-03-01

    The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.

  1. Legal significance of environmental protection in foreign investments law

    OpenAIRE

    Divljak Drago

    2013-01-01

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

  2. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  3. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  4. Argumentation in Legal Reasoning

    Science.gov (United States)

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

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

  5. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  6. History of Virtual Water , International Trade and Economic Metabolism at the Time Colonialism and a First Attempt to Assess Their Impact on Hydrologic Changes

    Science.gov (United States)

    Greco, F.

    2008-12-01

    This research considers the historical impact of virtual water into the geophysical arena by considering it as a human-led phenomenon that impacts the hydrologic system and, consequently, the environment as a whole. This paper is in line with the idea of including the humans into the water-balance model, and it is deepening the idea that this has to be done not only at the light of each watershed, but globally, looking at the role of water-trade embedded in food and tradable goods. Starting from a definition of what virtual water is, this research explores the role of crops export in the early U.S. Colonial time. As early as 1630 a huge biomass from here was already exported to the UK (the fur trade). In 1700 the tobacco export started, along with cereals exports and timber. An entire ecosystem has been "exported" in terms of water-embedded-in-goods. This was the beginning of a massive depletion of bio-mass stocks and flows, a raise in nitrogen discharge into the environment and its impact on the hydrological systems ( CUAHSI Summer Institute findings). Immigration and its effects on the water balance is also considered in this work. The experiment of interdisciplinary work of CUAHSI Summer Institute 2008 has proven that there is space for a historical reconstruction of evidence of human-led changes to the hydrological systems. This has been possible through the analysis of material stocks and flows, water-balance analysis of these stocks and flows, including human-led changes like international trade and population growth. This proposal will argue that these changes can also be identified by the term of 'socio- economic metabolism', in which societies are trading their goods internationally but taking the primary resources, including water, locally. This work will put the basis for the history of virtual water and its implications on both socio-economic metabolism and local geophysical changes.

  7. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  8. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  9. Toward international law on global warming

    International Nuclear Information System (INIS)

    Shultz, E.B. Jr.; Johns, C.; Pauken, M.T.

    1991-01-01

    Legal precedent in the history of international environmental law is considered. Then, the legal principles, rights and obligations related to transboundary environmental interference are drawn from the precedent. From this legal and historical background, and a brief overview of the principal technical aspects of the emerging global warming problem, the authors suggest a number of possible international protocols. These include outlines of multilateral treaties on energy efficiency, reduction in utilization of coal, increased adoption efficiency, reduction in utilization of coal, increased adoption of renewable and solar energy, and stimulation of several types of forestation, with creation of practical regimes and remedies. Each protocol has its own environmental social and economic merits and urgency, apart from the prevention of global warming. In each suggested protocol, the political obstacles are analyzed. Suggestions are presented for reduction of levels of disagreement standing in the way of obtaining viable treaties likely to be upheld in practice by the signatories. An agenda for study and action is presented, on the assumption that prudence dictates that international environmental law must be expanded as soon as feasible to regulate global warming

  10. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  11. Negligence--When Is the Principal Liable? A Legal Memorandum.

    Science.gov (United States)

    Stern, Ralph D., Ed.

    Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…

  12. Legal Remedies for the Reduction of Violence on Children's Television.

    Science.gov (United States)

    Brundage, Gloria S.

    In the wake of the United States Surgeon General's report which studied the impact of televised violence upon children and warned broadcasters that corrective action must soon be taken, the author explores the available legal channels for the reduction of violence on children's television. In an overview examining the history of violence in…

  13. Special Education in America: Its Legal and Governmental Foundations.

    Science.gov (United States)

    Ballard, Joseph, Ed.; And Others

    The text presents six chapters on the legal and governmental bases of special education. In the Introduction, F. Weintraub and J. Ballard cite the legislative and litigative history of P.L. 94-142, the Education for All Handicapped Children Act, and briefly address information sources on such policy issues as procedural safeguards, underserved…

  14. Gender mainstreaming in law and legal education

    Directory of Open Access Journals (Sweden)

    Vujadinović Dragica

    2015-01-01

    Full Text Available Political revolutions of the 18th and 19th century engendered an idea of universal equality. However, the American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen have not been gender sensitive documents. Women had to struggle for a long time in order to achieve visibility in laws and they did gain an equal right to vote in the USA only 144 years later and in France only 160 years after the issuing of these documents. Contemporary international and national law has greatly advanced from a gender equality point of view. However, gender sensitive legislation and implementation of legal norms has been far from widely accepted. Gender sensitive legal education of (future legislators, lawyers, judges, and prosecutors has thus been of the utmost importance. First, the article offers theoretical clarifications and historical background analysis of a sense and purpose of gender mainstreaming. The achievements in international law and strategic documents concerning gender equality will be taken into consideration in the second chapter. The main focus will be on the meaning of and instruments for gender mainstreaming in legal education in Serbia as well as generally. Paradigmatic examples from judicial practice will also be presented.

  15. Legal problems of nuclear fuel reprocessing

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1987-01-01

    The contributions in this book are intended to exemplify the legal situation in connection with the reprocessing of spent nuclear fuel from the point of view of constitutional law, administrative law, and international law. Outline solutions are presented with regard to ensuring health, personal freedom, democratic rights and other rights, and are discussed. The author Rossnagel investigates whether the principle of essential matter can guarantee a parliamentary prerogative concerning this field of large-scale technology. The author Schmidt shows that there is no legal obligation of commitment to a reprocessing technology that would exclude research for or application of a less hazardous technology. The contribution by Baumann explains the problems presented by a technology not yet developed to maturity with regard to the outline approval of the technological concept, which is a prerequisite of any partial licence to be issued. The final contribution by Guendling investigates the duties under international law, as for instance transfrontier information, consultation, and legal protection, and how these duties can be better put into practice in order to comply the seriousness of the hazards involved in nuclear fuel reprocessing. (orig./HP) [de

  16. "Publish or Perish" as citation metrics used to analyze scientific output in the humanities: International case studies in economics, geography, social sciences, philosophy, and history.

    Science.gov (United States)

    Baneyx, Audrey

    2008-01-01

    Traditionally, the most commonly used source of bibliometric data is the Thomson ISI Web of Knowledge, in particular the (Social) Science Citation Index and the Journal Citation Reports, which provide the yearly Journal Impact Factors. This database used for the evaluation of researchers is not advantageous in the humanities, mainly because books, conference papers, and non-English journals, which are an important part of scientific activity, are not (well) covered. This paper presents the use of an alternative source of data, Google Scholar, and its benefits in calculating citation metrics in the humanities. Because of its broader range of data sources, the use of Google Scholar generally results in more comprehensive citation coverage in the humanities. This presentation compares and analyzes some international case studies with ISI Web of Knowledge and Google Scholar. The fields of economics, geography, social sciences, philosophy, and history are focused on to illustrate the differences of results between these two databases. To search for relevant publications in the Google Scholar database, the use of "Publish or Perish" and of CleanPoP, which the author developed to clean the results, are compared.

  17. Impact of Rabies Vaccination History on Attainment of an Adequate Antibody Titre Among Dogs Tested for International Travel Certification, Israel - 2010-2014.

    Science.gov (United States)

    Yakobson, B; Taylor, N; Dveres, N; Rotblat, S; Spero, Ż; Lankau, E W; Maki, J

    2017-06-01

    Rabies is endemic in wildlife or domestic carnivore populations globally. Infection of domestic dogs is of particular concern in many areas. In regions where domestic animals are at risk of exposure to rabies virus, dogs should be routinely vaccinated against rabies to protect both pet and human populations. Many countries require demonstration of an adequate level of serum rabies neutralizing antibodies to permit entry of dogs during international travel. We analysed rabies titres of dogs seeking travel certification in Israel to assess demographic and vaccine history factors associated with antibody titres below the acceptable threshold for travel certification. Having received only one previous rabies vaccination and a longer duration since the most recent vaccination was received were primary risk factors for not achieving an adequate rabies virus neutralizing antibody titre for travel certification. These risk factors had stronger effects in younger animals, but were consistent for dogs of all ages. In particular, these findings reiterate the importance of administering at least two rabies vaccinations (the primo vaccination and subsequent booster) to ensure population-level protection against rabies in dogs globally. © 2016 Blackwell Verlag GmbH.

  18. Legal protection of land from pollution

    Directory of Open Access Journals (Sweden)

    Petrović Zdravko

    2014-01-01

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

  19. Legalization of Cannabis in the USA : A System Dynamics Approach to Drug Policy

    NARCIS (Netherlands)

    Van Staveren, R.; Thompson, A.W.

    2013-01-01

    Colorado and Washington State have made history by approving measures to make marijuana sale and use legal for people over the age of 21, in direct opposition to federal law. While there is a sizable discussion of the actual repercussions that legal marijuana would entail, no one knows what will

  20. International Criminalization of International Terrorizm

    Directory of Open Access Journals (Sweden)

    Alexander Grigoryevich Volevodz

    2014-01-01

    Full Text Available Analysis and studying of the terrorism in all its facets is a complex entangled problem with less clear legal regulation that it might seem at first glance, especially after its transformation from local phenomenon into a world threat. Hitherto terrorism and actions connected to it have been criminalized by the majority of states. There are in modern criminal law whole systems of rules on criminal liability for terrorism which differs considerably from country to country. Terrorism has been criminalized in numerous international regional and universal antiterrorist legal instruments. The author notes that differences in definitions that are enshrined in them hinders international cooperation in criminal matters with respect to terrorist cases. Difficulties reside in the necessity to meet the dual criminality requirement and in the political offense exception. These difficulties can only be overcome through elaboration of a universally recognized definition of the notion of international terrorism and making it legally binding via its inclusion into a universal convention. The issue of definition of international terrorism is an important part of an efficient mutual assistance among states in fight against this crime. In this article the author accounts of actual ways of tackling by the international community of the issue of criminalization of international terrorism and of factors influencing them.

  1. Legality Principle of Crimes and Punishments in Iranian Legal System

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  2. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  3. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  4. The universal legal framework against nuclear terrorism

    International Nuclear Information System (INIS)

    Gehr, W.

    2007-01-01

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

  5. The Two World Histories

    Science.gov (United States)

    Dunn, Ross E.

    2008-01-01

    In the arenas where the two world histories have taken shape, educators vigorously debate among themselves intellectual, pedagogical, and policy issues surrounding world history as a school subject. The people in each arena tend to share, despite internal disagreements, a common set of premises and assumptions for ordering the discussion of world…

  6. On Plagiarism and Power Relations in Legal Academia and Legal Education

    Directory of Open Access Journals (Sweden)

    Tilen Štajnpihler

    2017-12-01

    Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

  7. [Euthanasia: legal comparison in selected European countries].

    Science.gov (United States)

    Doležal, Adam

    2018-01-01

    This article deals with the subject of euthanasia (all its forms) and other end-of-life decisions, such as assisted suicide, withdrawing and whithholding life-sustaining treatments. Among other things, the article will also deal with the issue of the offense of Homicide by the Victims Request. Based on an empirical historical method, the article compares the various selected legal orders. From this analysis, it draws some conclusions that have an impact on ethical discourse. First of all, the terminology is defined in the article, which is very important in this area. Further, German law is being analysed, with emphasis on Nazi Germany. On that basis, the so-called reductio ad Hitlerum argument is rejected. Research continues and is followed by another states, the Netherlands, Belgium and Switzerland. By analysing them, the following ethical arguments used in euthanasia debates are examined: the argument of a slippery slope and the argument of respect for autonomy. Finally, the judgment of the European Court of Human Rights in the Pretty case is also analysed. On this case, we can demonstrate, how insufficient is argument of human dignity. The last part is dedicated to the Czech Republic and its legal order. Firstly, it focuses on the history of the legal regulation of euthanasia, but the main part deals with the current legal situation. In addition to the recent state of affairs, the bill of Death with dignity act is also being examined. At the end of the article it is pointed out that the Czech regulation is insufficient and changes are necessary. However, the proposed bill of Death with dignity act is not the right way to follow. Rather, it may be wise to adopt an amendment to the Penal Code that would introduce the offense of Homicide by the Victims Request.Key words: assisted suicide - euthanasia - Homicide by the Victims Request - medical futility - withdrawing and whithholding life-sustaining treatment.

  8. Weaponisation of Space - Some Legal Considerations

    Science.gov (United States)

    Jolly, C.

    2002-01-01

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

  9. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  10. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  11. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  12. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

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

  13. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

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

    2003-01-01

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

  14. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  15. Legal aspects of storing CO2. Update and recommendations

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-06-21

    CO2 emissions from energy production and consumption are a major contributor to climate change. Thus, stabilising CO2 concentrations in the atmosphere by reducing these emissions is an increasingly urgent international necessity. Carbon capture and storage (CCS) represents one of the most promising potential solutions to contain emissions resulting from continued use of coal and other fossil fuels. However, challenges such as a lack of legal and regulatory frameworks to guide near-term demonstration projects and long-term technology expansion must be addressed to facilitate the expanded use of CCS. In October 2006, the International Energy Agency (IEA) and the Carbon Sequestration Leadership Forum (CSLF) convened with legal experts,to discuss the range of legal issues associated with expanded use of CCS and to identify ways to facilitate further CCS development and implementation Participants examined gaps and barriers to the deployment of CCS and identified recommendations to guide further development of appropriate legal and regulatory frameworks. This publication provides policymakers with a detailed summary of the main legal issues surrounding the CCS debate, including up-to-date background information, case studies and conclusions on the best legal and regulatory approaches to advance CCS. These strategies can be used to enable further development, deployment and demonstration of CCS technology, potentially an essential element in global efforts to mitigate climate change.

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

    NARCIS (Netherlands)

    Nieuwenhout, C.T.

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

  17. MARGATS cruise: investigation of the deep internal structure and the heterogeneous margins of the Demerara plateau reveals a polyphased volcanic history

    Science.gov (United States)

    Graindorge, D.; Museur, T.; Roest, W. R.; Klingelhoefer, F.; Loncke, L.; Basile, C.; Poetisi, E.; Deverchere, J.; Heuret, A.; Jean-Frederic, L.; Perrot, J.

    2017-12-01

    The MARGATS scientific cruise was carried out from October 20th to November 16th 2016 on board the R/V L'Atalante, offshore Suriname and French Guiana. This cruise is part of a program dedicated to the geological investigation of the continental margin, including the Demerara plateau, following the GUYAPLAC (2003), IGUANES (2013) and DRADEM (2016) cruises. The aim of MARGATS was to image the internal structure of the Demerara plateau and its different margins using coincident deep penetrating wide angle refraction and multi channel reflection seismic (MCS) methods. During the MARGATS experiment 171 OBS deployments were distributed along 4 wide-angle lines. Along each wide-angle line we also recorded coincident MCS data using a 3 km long 480 channel streamer. The dataset was completed by three MCS lines along the eastern part of the Demerara plateau. MCS MAR007 line which is coincident with line OBS MAR-3 was extended on land by 13 land stations deployed along the Maroni River. This line, together with MCS MAR001 and the coincident OBS MAR-1 line reveal the highly homogeneous deep structure of the internal part of the plateau. MCS MAR005 line, which is coincident with OBS MAR-2, MCS MAR006 line coincident with OBS MAR-4, MCS MAR002, MCS MAR003 and MCS MAR004 helps to elucidate the structural complexity of the northern transform margin and the eastern divergent margin of the plateau. These new datasets are highly complementary to the DRADEM dredge results which provide evidence for mid Jurassic volcanic rocks along the plateau and significant vertical displacements along the transform margin. These results allow to interpret the plateau as the remains of a huge jurassic volcanic divergent margin along the Central Atlantic ocean to the west, possibly remobilized during the cretaceous opening of the Equatorial Atlantic ocean as an highly oblique margin to the north and a divergent margin to the east in persistent presence of volcanism. This AGU session will be a great

  18. The Advisory Opinion of the International Tribunal for the Law of the Sea: Matters related to the determination of effective link between the States and the legal persons they sponsor to carry out activities in the Area

    Directory of Open Access Journals (Sweden)

    Juan Nicolás Guerrero Peniche

    2012-12-01

    Tribunal for the Law of the Sea so it could be clarified. The advisory opinion of the Tribunal advanced conclusions particularly relevant for the determination of a nationality link between the legal persons and the States that sponsor them. This matter, which plays an essential role for achieving an effective protection of the marine environment within the sponsorship mechanisms for exploration and exploitation of the resources of the Area, also has some relevant consequences for the activities in reserved areas.

  19. The peaceful use of nuclear energy: National legal implications

    International Nuclear Information System (INIS)

    Guadarrama A, M.E.

    2000-01-01

    This work analyses in broad sense the legal regime about the use, exploitation and improvement of the nuclear energy in Mexico and its relationship with the International confines . It was realized the study of the elemental concepts referred about the subject and it is described briefly the evolution of the figure in the frame of as National as International laws. The objective of this work finds its basis on the provisions which contemplate the in force statutory law of the 27 Constitutional article concerning Nuclear energy but before considering the legal nature and the main characteristics of this normative instrument. (Author)

  20. ROMANIAN AERONAUTICAL METEOROLOGY APPLICABLE LEGAL FRAMEWORK –BRIEFING

    Directory of Open Access Journals (Sweden)

    CATALIN POPA

    2012-05-01

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

  1. International Drug Control Policy

    Science.gov (United States)

    2009-08-24

    Common illegal drugs include cannabis, cocaine, opiates, and synthetic drugs. International trade in these drugs represents a lucrative and what...into effect, decriminalizing “personal use” amounts of marijuana , heroin, cocaine, methamphetamine, and other internationally sanctioned drugs.15 While...President Calls for Legalizing Marijuana ,”CNN.com, May 13, 2009. 15 “Mexico Legalizes Drug Possession,” Associated Press, August 21, 2009. 16 In support

  2. To Speak or Not to Speak: Developing Legal Standards for Anonymous Speech on the Internet

    Directory of Open Access Journals (Sweden)

    Tomas A. Lipinski

    2002-01-01

    Full Text Available This paper explores recent developments in the regulation of Internet speech, in specific, injurious or defamatory speech and the impact such speech has on the rights of anonymous speakers to remain anonymous as opposed to having their identity revealed to plaintiffs or other third parties. The paper proceeds in four sections.  First, a brief history of the legal attempts to regulate defamatory Internet speech in the United States is presented. As discussed below this regulation has altered the traditional legal paradigm of responsibility and as a result creates potential problems for the future of anonymous speech on the Internet.  As a result plaintiffs are no longer pursuing litigation against service providers but taking their dispute directly to the anonymous speaker. Second, several cases have arisen in the United States where plaintiffs have requested that the identity of an anonymous Internet speaker be revealed.  These cases are surveyed.  Third, the cases are analyzed in order to determine the factors that courts require to be present before the identity of an anonymous speaker will be revealed.  The release is typically accomplished by the enforcement of a discovery subpoena instigated by the party seeking the identity of the anonymous speaker. The factors courts have used are as follows: jurisdiction, good faith (both internal and external, necessity (basic and sometimes absolute, and at times proprietary interest. Finally, these factors are applied in three scenarios--e-commerce, education, and employment--to guide institutions when adopting policies that regulate when the identity of an anonymous speaker--a customer, a student or an employee--would be released as part of an internal initiative, but would nonetheless be consistent with developing legal standards.

  3. Criminal sanctions for legal enties: An instrument of crime control

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    's own conduct embodied either in the commission of a criminal offence or in the omission to act. Therefore, contemporary criminal laws have determined special types of criminal sanctions, such as: punishment, security measures, conditional (suspended sentence and confiscation of material gain obtained by comitting the criminal offence, as well as the instruments, proceedings and conditions under which they may be imposed. Within the framework of the forthcoming reform of the entire penal legislation in the Republic of Serbia, the Serbian legislator may use the legal solutions envisaged in the analyzed documents and criminal legislations as a solid model for implementing the international standards in the field of criminal liability of legal entities. Hence, this paper discusses the particularities governing the application of criminal sanctions for legal entities in the Republic of Serbia, particularly as an instrument of crime control.

  4. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

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

  5. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)

  6. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage

  7. IUTAM a short history

    CERN Document Server

    Juhasz, Stephen

    2016-01-01

    This book presents extensive information related to the history of IUTAM. The initial chapters focus on IUTAM’s history and selected organizational aspects. Subsequent chapters provide extensive data and statistics, while the closing section showcases photos from all periods of the Union’s history. The history of IUTAM, the International Union on Theoretical and Applied Mechanics, began at a conference in 1922 in Innsbruck, Austria, where von Kármán put forward the idea of an international congress including the whole domain of applied mechanics. In 1946 IUTAM was then formally launched in Paris/France. IUTAM has since time organized more than 24 world congresses and 380 symposia, representing all fields of mechanics and highlighting advances by prominent international researchers. The efforts of IUTAM and its about 50 member countries serve to promote the mechanical sciences and the advancement of human society, addressing many key challenges. In this context, IUTAM preserves important traditions while...

  8. 26 CFR 301.7503-1 - Time for performance of acts where last day falls on Saturday, Sunday, or legal holiday.

    Science.gov (United States)

    2010-04-01

    ... falls on Saturday, Sunday, or legal holiday. 301.7503-1 Section 301.7503-1 Internal Revenue INTERNAL... where last day falls on Saturday, Sunday, or legal holiday. (a) In general. Section 7503 provides that... falls on a Saturday, Sunday, or legal holiday, such act shall be considered performed timely if...

  9. Labour law and communitarian legal standards

    Directory of Open Access Journals (Sweden)

    Jašarević Senad

    2014-01-01

    Full Text Available The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.

  10. The legacy of legal culture and Serbia's European integration

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    the public interest is defined and normatively framed in line with these interests, there are diverse quasi-techniques which reflect the arbitrary application of law. The recent state-building legal history is characterized by a prominent legal discontinuity, which has two forms of expression: first, legal discontinuity is a result of frequent changes of different and often conflicting socio-political systems of government, which are necessarily accompanied by respective changes in the positive legislation; second, discontinuity may also be a result of frequent legislative changes within a specific type of legal system. Such practices give rise to contradictions and polarizations in the legal culture and legal socialization. The common feature of all legal systems (thus far is the problem of applying the law, or the applicability of the normative framework. The normative legal tradition is not accompanied by the consistent factual application of the envisaged norms. Frequently, there is a prominent incongruity between the norm and the actual state of affairs. In addition to undermining the important function of law, this phenomenon shows the prevalence of traditional legal heritage in Serbian social relations. In comparison to transition countries which have meanwhile been integrated into the European Union, the Serbian society is poverty-stricken, economically devastated, inadequately structured in terms of public/private interests, normatively underdeveloped and value-barren; as such, it is difficult to administer and hard to change. The heritage of socio-economic relations slows down the reception of the liberal-democratic system and the adjustment to the model of competitive market economy. The former model of irrational authority of a powerful leader and a single-party system has been transformed into the party-state system (partocracy involving the dominant role of the authoritarian party leadership, which slows down the development of independent, autonomous

  11. Ethical and Legal Considerations of Healthcare Informatics

    Directory of Open Access Journals (Sweden)

    Maria ALUAŞ

    2016-12-01

    Full Text Available Internet, cloud computing, social networks and mobile technology, all facilitate information transfer. Healthcare professionals, physicians and patients can use informatic devices in order to simplify their access to medical information, to streamline testing, and to understand clinical results. The use of computers and software facilitate doctor-patient interactions by optimizing communication and information flow. However, digital interfaces also increase the risks that information specialists use information without fully complying with ethical principles and laws in force. Our premise is that these information specialists should: 1 be informed of the rights, duties, and responsibilities linked to their profession and laws in force; 2 have guidelines and ethical tutoring on what they need to do in order to avoid or prevent conflict or misconduct; 3 have renewed specific training on how to interpret and translate legal frameworks into internal rules and standards of good practice. The purpose of this paper was: 1 to familiarize professionals who work in healthcare informatics with the ethical and legal issues related to their work; 2 to provide information about codes of ethics and legal regulations concerning this specific area; 3 to summarize some risks linked to wrong or inadequate use of patient information, such as medical, genetic, or personal data.

  12. Legal protection against nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1959-04-15

    The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

  13. Legal protection against nuclear damage

    International Nuclear Information System (INIS)

    1959-01-01

    The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

  14. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

  15. Legal and Regulatory Barriers to Reverse Innovation.

    Science.gov (United States)

    Rowthorn, Virginia; Plum, Alexander J; Zervos, John

    Reverse innovation, or the importation of new, affordable, and efficacious models to high-income countries from the developing world, has emerged as a way to improve the health care system in the United States. Reverse innovation has been identified as a key emerging trend in global health systems in part because low-resourced settings are particularly good laboratories for low-cost/high-impact innovations that are developed out of necessity. A difficult question receiving scant attention is that of legal and regulatory barriers. The objective of this paper is to understand and elucidate the legal barriers faced by innovators bringing health interventions to the United States. Semistructured qualitative interviews were conducted with 9 key informants who have directly participated in the introduction of global health care approaches to the United States health system. A purposive sampling scheme was employed to identify participants. Phone interviews were conducted over one week in July 2016 with each participant and lasted an average of 35 minutes each. Purely legal barriers included questions surrounding tort liability, standard of care, and concerns around patient-administered self-care. Regulatory burdens included issues of international medical licensure, reimbursement, and task shifting and scope of work challenges among nonprofessionals (e.g. community health workers). Finally, perceived (i.e. not realized or experienced) legal and regulatory barriers to innovative modalities served as disincentives to bringing products or services developed outside of the United States to the United States market. Conflicting interests within the health care system, safety concerns, and little value placed on low-cost interventions inhibit innovation. Legal and regulatory barriers rank among, and contribute to, an anti-innovation atmosphere in healthcare for domestic and reverse innovators alike. Reverse innovation should be fostered through the thoughtful development of

  16. Legal and regulator framework of radioactive waste

    International Nuclear Information System (INIS)

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

    2009-01-01

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

  17. Legal aspects of French nuclear policy

    Energy Technology Data Exchange (ETDEWEB)

    1975-06-01

    By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for arguing against its tests, albeit underground.

  18. Legal aspects of french nuclear policy

    International Nuclear Information System (INIS)

    Anon.

    1975-01-01

    By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for argueing against its tests, albeit underground [fr

  19. Constitutionalism, pluralism and the role of human rights in shaping the relations between legal orders

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    .” Hence, for instance, the Court of Justice of the EU has taken an active role in ensuring the effet utile of European law. This article discusses possible theoretical perspectives on the interactions between various legal orders in the international arena. The opposition between the dualist and monist......In the period since the end of the Cold War, the different layers of law in the international arena have become more interlinked and interwoven. This shift might suggest a development towards a legal “melting pot” involving an increased cross-application of judicial norms stemming from different...... legal orders. In fact, judges are more and more often faced with cases involving legal provisions that are foreign to their legal orders. Hans Kelsen pointed out that “the power of state is no mystical force concealed behind the state or its law; it is only the effectiveness of the national legal order...

  20. Geoethics: history and further development

    Science.gov (United States)

    Nemec, Vaclav

    2013-04-01

    Problems of ethics and morality can be retrospectively followed in the history of human kind to its earliest phases. The new scientific discipline of GEOETHICS since 1991 has brought to the attention various topics of Earth sciences needed to be discussed from new specific ethical points of view (e.g. prudent consumption of mineral resources). The present frequency of natural disasters all over the world gives serious signals for intensifying an appropriate geoethical discussion. Significant events in the development of geoethics during the last 20 years include: international meetings organized since 1992 usually in 2 years terms as part of the Mining Pribram Symposia (Czech Republic), regular forums at all International Geological Congresses since 1996 (individual papers already in 1992) and formation of the Working Group on Geoethics in 2004 under the umbrella of the Association of Geoscientists for International Development (AGID) as well as establishing AGID National Chapters in several states (e.g. in Spain web pages http://tierra.rediris.es/Geoethics_Planetary_Protection/ with all GEOETHICS NEWS issued since 2007). - Geoethical principles and geological factors are to be considered in any scenario of a "sustainable development". At any responsible level of state authorities and self-governments as well as in any context of international co-operation, geoethics might be able to help in paving a better way for the needed understanding of nature by human kind. Geoethical principles (the planet Earth = absolute value of the life; principles of respect, interdependence, harmony and balance of interests, responsibility to future generations, prognosticating, precaution, reversibility, integration, frugality etc.) should be incorporated in the optimal way into the consciousness and life of the contemporaneous global society. In October 2011 at Pribram the future main trends were agreed in the INTERNATIONAL DECLARATION ON GEOETHICS: 1) significance of geoethics in