WorldWideScience

Sample records for international legal protection

  1. 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

  2. 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

  3. 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

  4. International legal standards for the protection from refoulement

    NARCIS (Netherlands)

    Wouters, Cornelis Wolfram

    2009-01-01

    Every year, millions of people are seeking protection from countries other than their own for fear of being tortured, persecuted or killed. Finding protection is not easy. States are closely guarding their borders, making it difficult for aliens to seek and enjoy protection from serious harm. No

  5. 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

  6. 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.

  7. 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.

  8. 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.

  9. 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

  10. 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

  11. 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...

  12. 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)

  13. 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.

  14. The International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    2011-01-01

    The term 'nuclear security' is generally accepted to mean 'the prevention and detection of, and response to, theft, sabotage, unauthorized access, illegal transfer or other malicious acts involving nuclear material, other radioactive substances or their associated facilities.' While the ultimate responsibility for nuclear security within a State rests entirely with that State, the need for regional and international cooperation has become increasingly evident with the growing recognition that the ability to prevent, detect and respond to the threats to nuclear security within one State is affected by the adequacy and effectiveness of nuclear security measures taken by other States, particularly when nuclear material is transported across national frontiers. Since the early 1970s, the IAEA has been called upon to play an ever increasing role in assisting States, upon request, to strengthen their national legal infrastructures and physical protection systems, as well as to facilitate regional and international efforts to enhance nuclear security, including measures to protect against nuclear terrorism. This publication brings together the legally binding primary international instruments and the internationally accepted non-binding instruments that constitute the international legal framework for nuclear security. It does not discuss the safety and safeguards related instruments, which also form a part of the broader legal framework for nuclear security. By setting out the legislative bases for the mandate of the IAEA in the area of nuclear security, it is hoped that this publication will increase awareness of the IAEA's role in facilitating national, regional and international efforts to enhance nuclear security , including measures to protect against nuclear terrorism. It is also intended to serve as a guide in carrying out the IAEA's nuclear security mandate and functions assigned to it under these instruments, including in the elaboration of nuclear security

  15. Legal protection in French environmental law

    International Nuclear Information System (INIS)

    Fromont, M.

    1983-01-01

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

  16. 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

  17. 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

  18. ASPECTS REGARDING LEGAL PROTECTION OF SOIL RESOURCES

    OpenAIRE

    Cristian Popescu

    2012-01-01

    Along with specialty items used for the development and implementation of sustainable development, protection and conservation of the environment, legal protection component of soil resources play an essential role. Legal and institutional framework provides a much protection of soil resources. Soil is the thin layer of organic and inorganic materials that covers the Earth's rocky surface. A soil pollutant is any factor which deteriorates the quality, texture and mineral content of the soil ...

  19. 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.

  20. Radiologic protection: technical and legal aspects

    International Nuclear Information System (INIS)

    Pinto, A.V.A.

    1987-01-01

    Radiologic units are described with the aim to decodify the technical dosimetric language. The legal aspect of radiologic protection in Brazil is reported. Information about help in case of radiation accident is presented. (M.A.C.) [pt

  1. Software piracy: Physical and legal protection methods

    Energy Technology Data Exchange (ETDEWEB)

    Orlandi, E

    1991-02-01

    Advantages and disadvantages, in terms of reliability and cost, are assessed for different physical and legal methods of protection of computer software, e.g., encryption and key management. The paper notes, however, that no protection system is 100% safe; the best approach is to implement a sufficient amount of protection such as to make piracy uneconomical relative to the risks involved.

  2. Protective force legal issues: the security perspective

    International Nuclear Information System (INIS)

    Rich, B.L.

    1984-01-01

    There has been much discussion and some controversy on the legal issues faced by the Department of Energy's (DOE) protective forces in the performance of their security duties. These include the observance of legal proprieties in the arrest of non-violent demonstrators, the use of lethal weapons, and the extent of protective forces' authority to carry weapons and protect DOE's security interests offsite. In brief, the need to protect DOE's security interests may be in nominal conflict with other requirements. When faced with a potential conflict in requirements, we in the DOE security community must place first attention to the security mission -- to deter and prevent hostile acts

  3. Legal protection of pet animals in domestic legislation

    Directory of Open Access Journals (Sweden)

    Vidić-Trninić Jelena

    2012-01-01

    Full Text Available The subject of the author's analysis is the issue of legal protection of pet animals. Through analysis of applicable provisions contained in the Act on Animal Welfare of Serbia, on one hand, and the fundamental principles and provisions set out in the European Convention for the Protection of Pet animals, on the other hand, this paper attempts to point out the degree of legal protection that pet animals are awarded under domestic legal regulations, as well as to answer the question of compatibility of the national legislation with the international standards set out in the mentioned European Convention regarding the above mentioned question. In addition, since the legal protection of pet animals is also regulated by relevant by-laws in our law, the analysis of certain aspects of protection provided to pet animals, specifically the Decision of the city of Novi Sad on keeping of domesticated animals, the paper attempts to draw attention to compliance of the solutions adopted in this legal act, with the fundamental principles of protection, provided to pets by laws or the Act on Animal Welfare of Serbia. Finally, in order to provide a more comprehensive insight in terms of achievement of the legal protection of pets in Serbian law, the paper analyzes the types of unlawful conduct of the owner or the holder of the animals, as well as their respective sanctioning prescribed in specific laws or bylaws.

  4. 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

  5. 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.

  6. Corporate environment protection as a legal problem

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1993-01-01

    It is discussed what legal instruments companies have for integrating environment protection into their corporate policy: Industrial self-monitoring; the environmental health officer as an instrument of corporate environment protection (environmental health officer, radiation protection officer); obligations to disclose information on corporate organisation pursuant to Article 52 a of the Federal Emmission Control Act; corporate environment protection as a general obligation of the operator. Possible ways of strengthening corporate environment protection are considered de lege ferende, e.g. the additional instruments of corporate self-monitoring laid down in the General Part of the Environmental Code, audits on environment protection, corporate environment protection through quality assurance systems. (orig.) [de

  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. Legal significance of environmental protection in foreign investments law

    OpenAIRE

    Divljak Drago

    2013-01-01

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

  10. 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.

  11. THE LEGAL PROTECTION OF THE PROPERTY RIGHT

    Directory of Open Access Journals (Sweden)

    Anda CRISU-CIOCÎNTĂ

    2015-04-01

    Full Text Available The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

  12. Collective legal protection: The European approach

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2014-01-01

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

  13. Nuclear terrorism and legal protection of environment

    International Nuclear Information System (INIS)

    Ahmad-zada, Z.; Aliev, D.

    2003-01-01

    Full text: For the last years the terrorism has significantly changed. If 20-30 years ago terrorists would kidnap famous politicians or hijack planes, but at this stage they switched to massive destruction of innocent people. Now the problem of struggle against nuclear terrorism becomes very actual problem. The nuclear terrorism is meant as an opportunity of accomplishment of act of terrorism with use of the nuclear weapon, or accomplishment of explosions on atomic power stations and other objects of an atomic energy. Threats to nuclear objects become more and more often and appreciable. In the world there were some similar cases of threat to nuclear objects from the part of terrorists, and also cases of use by terrorists of nuclear, chemical and bacteriological substances. These cases testify to real threat of use by terrorists of the weapon of mass destruction. It is natural, that accomplishment of acts of terrorism on these objects can lead to ecological catastrophe and can put an irreparable loss to an environment and process of social development. Up to the middle of sixtieth years of twentieth century protection of an environment was not put forward as an independent political problem, and its scientific substantiation has not been developed enough as a diversified, complex, global problem. Only dynamical development in seventieth - eightieth years of scientific bases of global problems has allowed to allocate the rules of law concerning to protection of an environment, into special group. International legal protection of ecology was precisely allocated now in system of the general international law as independent, specific sphere of regulation. The principle of inadmissibility of radioactive pollution of environment covers both military, and peace area of use of nuclear power. Formation and the statement of this special principle of International law of the Environment takes place in two ways - contractual and usual, with observance by the states of

  14. 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

  15. 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.

  16. Legal significance of environmental protection in foreign investments law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2013-01-01

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

  17. Developments in the legal protection of IDPs

    Directory of Open Access Journals (Sweden)

    Cordula Droege

    2008-12-01

    Full Text Available Ten years ago the International Committee of the Red Cross(ICRC helped draft the Guiding Principles. How have thePrinciples contributed to improving protection for IDPs?What gaps remain?

  18. International Physical Protection Advisory Service

    International Nuclear Information System (INIS)

    Soo Hoo, M.S.; Ek, D.; Hageman, A.; Jenkin, T.; Price, C.; Weiss, B.

    1998-01-01

    Since its inception in 1996, the purpose of the International Physical Protection Advisory Service (IPPAS) has been to provide advice and assistance to International Atomic Energy Agency (IAEA) Member States on strengthening and enhancing the effectiveness of their state system of physical protection of nuclear materials and facilities. Since the protection of nuclear materials and facilities is a Member State's responsibility, participation within the IPPAS program is voluntary. At the request of a Member State, the IAEA forms a multinational IPPAS team consisting of physical protection specialists. These specialists have broad experience in physical protection system design, implementation, and regulatory oversight. The exact make-up of the team depends upon the needs of the requesting state. IPPAS missions to participating states strive to compare the domestic procedures and practices of the state against international physical protection guidelines (IAEA Information Circular 225) and internationally accepted practice. The missions utilize a top to bottom approach and begin by reviewing the legal and regulatory structure and conclude with reviews of the implementation of the state regulations and international guidelines at individual facilities. IPPAS findings are treated as IAEA Safeguards Confidential Information. To date, IPPAS missions have been concluded in Slovenia, Bulgaria, Romania, Hungary, and Poland

  19. 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

  20. On the Legal Protection of Design

    DEFF Research Database (Denmark)

    Teilmann-Lock, Stina

    2011-01-01

    be judged. In 1839 the Designs Registration Act in the UK introduced a fundamental modernization of registration for designs. Paradigmatic of the modern way of registration is the use of 'representative registration'. According to the 1839 Act, applicants for a design registration were required either...... to deposit three samples of the design, or to submit a pictorial or written representation thereof. The latter system of 'representative registration' has since become virtually universal in intellectual property law relating to designs around the world. Today, the discursive representation of design is more...... not apply to any aspect which is dictated by its function. Accordingly, if a design is to qualify for legal protection, its description (or illustration) must make a clear distinction between form and function. According to the intellectual property laws of many nations today, designs may also be protected...

  1. Legal protection of informed consent of minors.

    Science.gov (United States)

    Osuna, Eduardo

    2010-06-01

    One of the pillars of healthcare provision is respect for the autonomy of the patient's wishes, which is given substance by the process of obtaining informed consent. Minors deserve special protection, entitled to basic rights and increasingly autonomous as they develop. In certain situations, minors are deemed matures and able to consent to treatment without the involvement of a parent or guardian. The assessment of competence would be based on the child's functional ability, not on age or outcome of the decision. This manuscript includes a brief analysis of legal perspectives on informed consent of minors, and minors' capacities to make medical decisions. Remaining questions of how to evaluate capacity and balance parental and minor autonomy are explored. Considerations on informed consent in different situations as refusing treatment and termination of pregnancy by female children are analyzed.

  2. How does Investors' Legal Protection affect Productivity and Growth?

    OpenAIRE

    Binyamin Berdugo; Sharon Hadad

    2009-01-01

    This paper analyzes the implications of investors' legal protection on aggregate productivity and growth. We have two main results. First, that better investors' legal protection can mitigate agency problems between investors and innovators and therefore expand the range of high-tech projects that can be financed by non-bank investors. Second, investors' legal protection shifts investment resources from less productive (medium-tech) to highly productive (high-tech) projects and therefore enha...

  3. Legal regulation of protection of animals against cruelty

    OpenAIRE

    Spurná, Jana

    2006-01-01

    Diploma thesis: Legal regulation of protection of animals against cruelty This diploma thesis deals with national and transnational legal regulation of the protection of animals against cruelty. It comprises of four chapters. First chapter concerns ethical grounds of given issue and it provides analysis of term "animal welfare". Second chapter contains the most significant transnational legal rules of the protection of animals against cruelty adopted within the Council of Europe or the Europe...

  4. 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.

  5. 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.

  6. 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

  7. 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 ...

  8. 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

  9. 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 ...

  10. Legal Protection Against The Dance Creator In Indonesia

    OpenAIRE

    Juwita; Juajir Sumardi; Oky Deviany Burhamzah; Hasbir Paserangi

    2015-01-01

    This research aimed to find out and to analyze the ideal legal protection so it can encourage the creator of dance in developing a creation in the field of dance and to find out and to analyze and to get the concept of legal protection of copyright in the field of dance after the enactment of Act No. 28 of 2014 concerns Copyright. This research is empirical juridical. The technique of collecting legal material is conducted through interviews questionnaires to respondents and literature study ...

  11. Organizational and legal mechanism of the environmental protection

    Directory of Open Access Journals (Sweden)

    А. П. Гетьман

    2014-12-01

    Full Text Available Organizational and legal mechanisms of environmental protection are defined by the author of the article as a mechanism of organization and system of activities of state executive power bodies and local self-government bodies in the field of environmental public relations arising in connection with environmental protection and environmental safety provision. The rules of administrative law are its legal basis, alongside with the norms of environmental law. The former designed to reflect the specifics of the subject, objects, subjects and principles of legal regulation of social relations in this area. The latter define common goals, objectives and functions of state public relations management nature.

  12. 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...

  13. 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.

  14. 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.

  15. The Order of Protection in the Romanian Legal System

    Directory of Open Access Journals (Sweden)

    Natalia Saharov

    2015-05-01

    Full Text Available The phenomenon of domestic violence, quite common in the countries of Eastern Europe, including Romania, can be perceived as a consequence of shortcomings in the education of person, or a faulty education. The aims of current study is to present and analyze the legal instruments designed in the area of civil law due to combat and prevent domestic violence, with a special regard to the protective order governed by the law No. 217/ 2003, as amended and republished. Legal provisions are analyzed with regarded to the person who may apply for order of protection, the conditions for the admissibility of the petition for the issuance of the protective order, the measures which may be imposed by an protection order, the duration of these measures, the conditions for revocation of the protective order etc. The study reveals the practical application of analyzed legal provisions, by referring to the decisions given by Romania courts in cases involving the “protective order”. Finally are exposed the advantages and shortcomings of normative framework already existing, as well as the effectiveness of the legal provisions in practice.

  16. LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

    Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

  17. Legal Mechanisms for Protecting Riparian Resource Values

    Science.gov (United States)

    Lamb, Berton L.; Lord, Eric

    1992-04-01

    Riparian resources include the borders of rivers, lakes, ponds, and potholes. These border areas are very important for a number of reasons, including stream channel maintenance, flood control, aesthetics, erosion control, fish and wildlife habitat, recreation, and water quality maintenance. These diverse functions are not well protected by law or policy. We reviewed law and policies regarding endangered species habitat designation, land use planning, grazing management, water allocation, takings, and federal permits and licenses, along with the roles of federal, state, and local governments. We discuss the politics of implementing these policies, focusing on the difficulties in changing entrenched water and land use practices. Our review indicates a lack of direct attention to riparian ecosystem issues in almost all environmental and land use programs at every level of government. Protection of riparian resource values requires a means to integrate existing programs to focus on riparian zones.

  18. ASPECTS REGARDING LEGAL PROTECTION OF FOREST ECOSYSTEMS

    Directory of Open Access Journals (Sweden)

    Cristian Popescu

    2012-12-01

    Full Text Available The first legislative concerns for the protection and exploitation of forests are occurring since the eighteenth century. Forest of the country has always been a priority for environmental policy. The institutional framework for forestry organization in Romania is represented mainly by the Ministry of Environment and National Administration of Forests – Romsilva. First Romanian Forest Code was adopted on 19 June 1881. In present, the main law governing the forest is given by Law No. 46 of March 19, 2008 (Forest Code. Forests are resources of interest economic, social, recreational, ecological and biological. Biodiversity conservation of forest ecosystems involves the sustainable management by applying intensive treatments that promote natural regeneration of species of fundamental natural forest type and forest conservation and quasi virgin. The main way to conserve forest ecosystems is represented by the establishment of protected areas of national interest.

  19. 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:.

  20. The Evolution of Human Rights Protection within the EU Legal System

    OpenAIRE

    Tăbușcă Silvia

    2012-01-01

    Having in mind the EU’s policy to rebuild the democratic systems within the former Europeancommunist countries and its involvement in international actions regarding human rights enforcement, thereis no doubt about the importance of individuals rights protection in the European Union’s legal system. In thisrespect, the present paper analyzes the evolution of the principle of EU’s human rights protection. Theresearch done on the EU legislation and courts’ jurisprudence shows that there are thr...

  1. International Responses to Human Protection Crises: Responsibility to Protect and the Emerging Protection Regime*

    OpenAIRE

    Bellamy, Alex J.

    2015-01-01

    This essay examines contemporary debates about human protection by the UN Security Council and others in response to major humanitarian crises. It argues that there are clear signs of an emerging international human protection regime in the evolving practice of the Security Council and suggests that this regime is based on an accommodation between different moral accounts of humanitarian intervention. The first section examines some of the legal and moral debates that have arisen with respect...

  2. 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 ...

  3. The International Employment Protection Practices

    Directory of Open Access Journals (Sweden)

    Otenko Pavlo V.

    2017-09-01

    Full Text Available The article discusses the need for corporate protection of staff in accordance with both the European and the International labor law. The author defines the essence of the category of «protection of staff», its constituent elements and the importance of function of this mechanism in terms of corporate security. The main methods used in the international practice to achieve a high degree of protection of staff have been systematized and presented. The main stages of development and tendencies concerning the formation of instruments for protection of staff have been analyzed, and the principal indices to assess the degree of protection of staff have been determined.

  4. 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”. 

  5. Radiation protection. Scientific fundamentals, legal regulations, practical applications. Compendium

    International Nuclear Information System (INIS)

    Buchert, Guido; Gay, Juergen; Kirchner, Gerald; Michel, Rolf; Niggemann, Guenter; Schumann, Joerg; Wust, Peter; Jaehnert, Susanne; Strilek, Ralf; Martini, Ekkehard

    2011-06-01

    The compendium on radiation protection, scientific fundamentals, legal regulations and practical applications includes contributions to the following issues: (1) Effects and risk of ionizing radiation: fundamentals on effects and risk of ionizing radiation, news in radiation biology, advantages and disadvantages of screening investigations; (2) trends and legal regulations concerning radiation protection: development of European and national radiation protection laws, new regulations concerning X-rays, culture and ethics of radiation protection; (3) dosimetry and radiation measuring techniques: personal scanning using GHz radiation, new ''dose characteristics'' in practice, measuring techniques for the nuclear danger prevention and emergency hazard control; (4) radiation exposure in medicine: radiation exposure of modern medical techniques, heavy ion radiotherapy, deterministic and stochastic risks of the high-conformal photon radiotherapy, STEMO project - mobile CT for apoplectic stroke patients; (5) radiation exposure in technology: legal control of high-level radioactive sources, technical and public safety using enclosed radioactive sources for materials testing, radiation exposure in aviation, radon in Bavaria, NPP Fukushima-Daiichi - a status report; (6) radiation exposure in nuclear engineering: The Chernobyl accident - historical experiences or sustaining problem? European standards for radioactive waste disposal, radioactive material disposal in Germany risk assessment of ionizing and non-ionizing radiation (7) Case studies.

  6. Legal Protection Against The Dance Creator In Indonesia

    Directory of Open Access Journals (Sweden)

    Juwita

    2015-08-01

    Full Text Available This research aimed to find out and to analyze the ideal legal protection so it can encourage the creator of dance in developing a creation in the field of dance and to find out and to analyze and to get the concept of legal protection of copyright in the field of dance after the enactment of Act No. 28 of 2014 concerns Copyright. This research is empirical juridical. The technique of collecting legal material is conducted through interviews questionnaires to respondents and literature study i.e by collecting various documents in the form of primary secondary and tertiary legal materials. The results of research showed that 1. Dance is a part of copyright associated with diverse art and culture owned by the Indonesian certainly dance produced by consume energy thoughts time and cost by Dance Creator with regard to the creation the state has given protection of dance creator for art as stipulated in Article 40 letter e of Act No. 28 of 2014 as an expression of respect and appreciation to the Dance Creator 2 In association with the regulation on the protection of creative works of art dance regulated in Act No. 28 of 2014 the creator of dance argues is very important to give the protection of dance creator for their copyrighted works particularly their rights as a creator of dance i.e moral and economic rights. Giving moral and economic rights cannot be felt fully by the creator of dance this is due to the creator of dance does not have an institutions that will accommodate the creativity of creators that useful for their welfare.

  7. Legal Protection To The Infotainment Of Press Development In Indonesia

    Directory of Open Access Journals (Sweden)

    Anwar Fuadi

    2015-08-01

    Full Text Available Abstract In the socio-political life the press has become an integral part in democratic life. The press has become one of the means for citizens to bring their thoughts and opinions. Nowadays there is a tendency to increase the quantity of press publications sharp but not accompanied by a statement of the quality of journalism. The objective of this research is to understand the essence of the infotainment liability as a mass media in order to construct a freedom of the press principle which has legitimacy within the legal system of the press in Indonesia. The type of research used in this paper is normative research or also known as doctrinal research by reviewing the legal protection to the infotainment as a mass media in Indonesia. The outcomes of the research indicate that the role of infotainment in the legal system of the press in Indonesia refers to the legal construction of institutional and infotainment organizers itself. Legal liability of Infotainment essentially can be seen from the press obligations stipulated in the Law No. 40 of 1999 regarding the Press Law No. 32 of 2002 regarding Broadcasting as well as the Journalists Code of Ethics which support freedom of the press and expression.

  8. 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

  9. Effective legal protection in the licensing of technical installations

    International Nuclear Information System (INIS)

    Froehler, L.

    1987-01-01

    Undeterminate concepts of law shall match the dynamism of technical progress in licensing technical installations (e.g. section 7, para. 2 no. 3 Atomic Energy Act). The administration and the courts have the duty to equalize normative deficits of regulation. Decrees and administrative provisions have an important impact. Administrative courts shall exercise legal protection more efficiently what e.g. can be possible after a shortening of stages of appeal. (CW) [de

  10. Deviating measurements in radiation protection. Legal assessment of deviations in radiation protection measurements

    International Nuclear Information System (INIS)

    Hoegl, A.

    1996-01-01

    This study investigates how, from a legal point of view, deviations in radiation protection measurements should be treated in comparisons between measured results and limits stipulated by nuclear legislation or goods transport regulations. A case-by-case distinction is proposed which is based on the legal concequences of the respective measurement. Commentaries on nuclear law contain no references to the legal assessment of deviating measurements in radiation protection. The examples quoted in legal commentaries on civil and criminal proceedings of the way in which errors made in measurements for speed control and determinations of the alcohol content in the blood are to be taken into account, and a commentary on ozone legislation, are examined for analogies with radiation protection measurements. Leading cases in the nuclear field are evaluated in the light of the requirements applying in case of deviations in measurements. The final section summarizes the most important findings and conclusions. (orig.) [de

  11. 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.

  12. Legal protection of victims of domestic violence in Republika Srpska

    Directory of Open Access Journals (Sweden)

    Marković Ivanka

    2008-01-01

    Full Text Available Legal protection of victims of domestic violence in Republika Srpska is analyzed in this work. With regard to the above, the author highlights that in Republika Srpska there are two forms of legal protection from domestic violence they fall within the remit of criminal law and misdemeanor law. Introduction of such protection model was intended for the protection of victims from this form of violent behavior, which is, by its characteristics a specific form of criminal behavior and as such demands special measures of lawful reaction by the state. Protection of victims of domestic violence falling within the remit of criminal law, which is very important since it attaches the same gravity to this and the other forms of criminality giving it a certain degree of criminal-political weight, has not produced expected results. For that reason was adopted a special Law on Protection from Domestic Violence defining the notion of domestic violence, persons considered to be a family members, methods of their protection, as well as the kind and purpose of misdemeanor law related norms with emphasizing the fact that all the proceedings initiated under this law are of an urgent nature. The main driving force leading to the adoption of this Law is to obtain a complete and systematic regulation of domestic violence to enable faster, more efficient and durable protection of the endangered persons. The most important thing about this Law on Protection from Domestic Violence is introduction of protective measures, which could be sentenced against the perpetrator and which, in fact, allow for the protection of victims to family violence. Method of its concrete implementation regulated is by the relevant by-laws. Adoption of law sanctioning domestic violence, either as a criminal act or as a misdemeanor, together with the adoption of by-laws for the implementation of particular protective measures, represent a step forward in combat and prevention of domestic

  13. REALIZING LEGAL PROTECTION FOR OUTSOURCING WORKERS THROUGH EMPLOYMENT SETTING SYNCHRONIZATION

    Directory of Open Access Journals (Sweden)

    Khairani

    2015-10-01

    Full Text Available Debating on the outsourcing existence in Law No.13 of 2003 regarding to Labor, is still continuing even though there has been a decision of Indonesia Constitutional Court (MK who stated the rules that the content of Article 65 paragraph (7 and Article 66 paragraph (2 has been outlawed. The problems of this research are: How is the outsourcing concept of regulating in the labor law and the regulation of the labor minister No. 19 of 2012; and What effort to keep the outsourcing arrangement can provide legal protection for workers? This research use juridical normative method. The research finds that some of the concept is in contradiction with the 1945 constitution and another Law which is related to the protection of labor, and even with the other articles that exists in the Labor Law itself so thats the norm contains contradictio adconceptio. Therefore, the system of outsourcing that will be regulated should consider the principles of goof outsourcing governance. They are: legal protection, non-discrimination, worker as the subject not as an object, benefit and welfare, sustainable working relation, and the shifting of protection to the labor.

  14. International standards for radiation protection

    International Nuclear Information System (INIS)

    Ambrosi, P.

    2011-01-01

    International standards for radiation protection are issued by many bodies. These bodies differ to a large extent in their organisation, in the way the members are designated and in the way the international standards are authorised by the issuing body. Large differences also exist in the relevance of the international standards. One extreme is that the international standards are mandatory in the sense that no conflicting national standard may exist, the other extreme is that national and international standards conflict and there is no need to resolve that conflict. Between these extremes there are some standards or documents of relevance, which are not binding by any formal law or contract but are de facto binding due to the scientific reputation of the issuing body. This paper gives, for radiation protection, an overview of the main standards issuing bodies, the international standards or documents of relevance issued by them and the relevance of these documents. (authors)

  15. Legal protection against a lack of grounds in administrative judgements concerning public interests

    International Nuclear Information System (INIS)

    Schmidt, W.

    1976-01-01

    Administrative legal protection, according to Basic Law, is the right of the individual for protection, i.e. protection of 'subjective' rights based on 'objective' law. The extension of this legal protection beyond the legal protection of the individual has been under discussion lately, mostly in connection with a joint board suit, not so often with citizen actions which comprise 'individual suit' and 'joint board suit', mainly in environmental protection law (e.g. actions brought against nuclear power plants). Such rights are not to be conceded to everybody and every association, but only to a few supraregional associations with legal status, e.g. the citizen association environmental protection. (HP) [de

  16. Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

    Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

  17. Legal Protection for Investor in Capital Market Stock Trading

    OpenAIRE

    Sofyan, Tito

    2013-01-01

    Protection for investor is the crucial issue because it has been found many evidence of the misuse of company's resources for extensive period. Moreover, there are also the case of stock lose, case in IPO, short selling, securities fraud, market manipulation, and insider trading. Stock market is abouttrust, if it lose, the market will collpase and it will affect the other sector, mainly economic sector. Undang-UndangNomor 8 Tahun 1995 tentangPasar Modal (UUPM) is one of the legal order to s...

  18. Protection of citizens' rights by appropriate design of legal procedures

    International Nuclear Information System (INIS)

    Bluemel, W.

    1982-01-01

    The author regards the Muehlheim-Kaerlich ruling by the Federal Constitutional Court of December 12, 1979 as a ruling which stipulates the protection of basic rights as a main function of the citizen participation. The essential importance of this ruling is specified by the statement that the shaping of procedures - of courts and authorities - has a constitutional importance, that the shaping of procedures is an essential element of an effective guarantee of basic rights. He expressly extends the above mentioned jurisdiction of the Federal Constitutional Court beyond the influence of the substantive basic rights on the procedural law to the administrative procedural law. The procedural basic right of article 19, section 4 of the constitution is supplemented by the claim for an effective legal protection which directly results from the substantive basic right of article 14, section 1, paragraph 1 of the constitution. (orig./HSCH) [de

  19. 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.

  20. The legal aspects of fetal protection policies in the workplace

    International Nuclear Information System (INIS)

    Jose, D.E.; Scott, E.K.

    1991-01-01

    The concerns of working women have received increasing attention from lawmakers, employers and women themselves as more and more American women enter the workforce. Fetal protection policies evidence a growing awareness by employers that their workplace poses special hazards to the unborn children of women workers. Yet, the fetal protection area is fraught with tension between legitimate competing concerns. Women expect equal employment opportunities, and employers are legally bound to provide equal treatment; however, these interests are challenged by women's desire to deliver healthy babies and employers' desire to avoid causing fetal defects or to be sued for naturally occurring genetic defects. Title 7 of the Civil Rights Act of 1964 and various state laws on fair employment practice embodies societal concerns for fairness in employment as it relates to fetal protection. Fetal protection policies are one example in which discriminatory practices are implicated since under such policies employers may refuse to hire or segregate previously hired pregnant women or women of child bearing age on the grounds that such exclusion or segregation is necessary to protect fetal health or the reproductive capacity of the female employee. A dilemma is presented to the employer of any nuclear workforce which includes women since the permissible dose for a man or woman is many times larger than the dose for a fetus

  1. 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.

  2. 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...

  3. 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.

  4. 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

  5. Legal regulation of the protection of animals in human care

    OpenAIRE

    Kubánková, Lenka

    2014-01-01

    This diploma thesis summarizes regulation of animal in human care protection. It describes international conventions and also European Union and Czech laws. It includes definition of animal and categorizations of animals. The status of animal in Czech civil law is content of this thesis too. On international level are the most important conventions of Council of Europe. The part of this work concerning European Union includes conceptual tools, primary law and secondary law. The main law in Cz...

  6. Driving intoxicated: is hospital admission protective against legal ramifications?

    Science.gov (United States)

    Cheek, Susannah Mary; Murry, Jason Steven; Truitt, Michael Seth; Dunn, Ernest Lewis

    2013-12-01

    According to the US National Highway Traffic Safety Administration, in 2010, 10,228 people were killed in alcohol-impaired driving crashes. Daily, intoxicated drivers are seen in trauma centers across the country. At our trauma center, we sought to determine the number of drivers who had a documented elevation in their blood alcohol content (BAC) and compare this with county police records to evaluate how many charges for driving while intoxicated (DWI) were issued. A retrospective chart review was performed for trauma admissions during a 3-year period. Patients with a BAC of less than 0.08 g/dL were excluded. Only documented drivers were included. This group of intoxicated drivers was then compared against public records from the Dallas County for any record of a charge of DWI. During a 3-year period, from 2009 to 2011, 118 drivers had a confirmed BAC above the legal limit of 0.08 g/dL. Average BAC level was 0.218 g/dL. Injuries varied widely between patients with an average Injury Severity Score (ISS) of 11. Extremity fractures were seen in 27%, facial fractures were seen in 16%, and intracranial hemorrhage was seen in 7%. Forty-eight percent of the patients were admitted to the intensive care unit initially, with an average length of intensive care unit stay of 1.5 days (range, 0-25 days). Only 18% of our patients (21) received a charge of DWI. Four patients were charge with related offenses. A motor vehicle accident may be protective against the legal ramifications of drinking and driving. Less than 20% of patients who were driving under the influence incurred any legal repercussion. Deterrents that prevent law enforcement from being able to obtain evidence needed for prosecution should be eliminated. Health care providers and law enforcement agencies should work as a team to help mitigate the incidence of drunk driving and its burden on society. Epidemiologic study, level III.

  7. 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)

  8. 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.

  9. The legal imperative to protect critical energy infrastructure

    Energy Technology Data Exchange (ETDEWEB)

    Shore, J.J.M.

    2008-03-15

    Canada's critical infrastructure is comprised of energy facilities, communications centres, finance, health care, food, government and transportation sectors. All sectors face a range of physical or cyber threats from terrorism and natural phenomenon. Failures or disruptions in the sectors can cascade through other systems and disrupt essential services. The power outage in 2003 demonstrated gaps in North America's emergency preparedness. In 2006, al-Qaida called for terrorist attacks on North American oil fields and pipelines, specifically targeting Canada. Studies have confirmed that Canada is vulnerable to attacks on energy infrastructure. Government agencies and the private sector must work ensure the safety of Canada's energy infrastructure, as the primary responsibility of government is the protection of its citizenry. The fulfilment of the government's commitment to national security cannot be achieved without protecting Canada's critical energy infrastructure. However, Canada has not yet provided a framework linking federal government with critical infrastructures, despite the fact that a draft strategy has been under development for several years. It was concluded that governments and the private sector should work together to reduce risks, protect the public, and secure the economy. National security litigation against the government and legal imperatives for energy facility owners and operators were also reviewed. 98 refs., 20 figs.

  10. The Bald and Golden Eagle Protection Act, species-based legal ...

    African Journals Online (AJOL)

    The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to ...

  11. The responsible radiation protection supervisor: Who actually is he? Legal entities under public law and their legal responsibilities pursuant to radiation protection laws

    International Nuclear Information System (INIS)

    Brinkmann, M.

    1998-01-01

    All radiation protection relevant activities subject to licencing or notifying include observation of legally allocated responsibilities. Responsible radiation protection supervisor is the licence owner in person. If the holder is a legal entity, that entity is responsible as such. The executives of the entity exercise the functions of a responsible radiation protection officer, or may delegate them to an authorized deputy. In this case, the yardstick of a possible liability may be changed. The liability of the responsible persons is determined by the general legal regulations. (orig.) [de

  12. The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification

    Directory of Open Access Journals (Sweden)

    Johann C Knobel

    2015-12-01

    Full Text Available The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to extend protection also to the Golden Eagle Aquila chrysaetos. The Bald Eagle was an Endangered Species, but the Golden Eagle was not formally listed as Endangered nationwide in the USA. One of the reasons for extending legal protection to the Golden Eagle under the Act was to strengthen the legal protection of the Bald Eagle, because immature Bald Eagles were being misidentified as Golden Eagles and shot. Additional factors relating to Golden Eagle mortality also made legal protection of the Golden Eagle desirable. The danger that a rare and legally protected species can be misidentified and mistaken for a more common and unprotected species can therefore serve as a reason for bestowing legal protection on the more common species as well. Other factors may also indicate that legal protection of the more common species is desirable, making the case more compelling. If this line of reasoning is applied in respect of South African birds of prey, a strong case can be made in favour of extending legal protection under the national biodiversity legislation to more species than the small number of species currently enjoying such protection. Species that are listed as Vulnerable under South African national biodiversity legislation may be misidentified as species that are not subject to such protection. Additional factors are also present that make such an extension of legal protection desirable.

  13. 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.

  14. LEGAL PROTECTION IN AWARDING PUBLIC CONTRACTS PROCEEDINGS- HARMONISATION OF CROATIAN LAW WITH THE ACQUIS COMMUNAUTAIRE

    Directory of Open Access Journals (Sweden)

    Damir Aviani

    2008-01-01

    Full Text Available Every economic activity of public legal bodies, and similarly with the activities of public-legal bodies in awarding public contracts to business partners, is subject to the rules of market competition. In order to secure free market competition, and market oriented activity of public legal bodies, the European Union, with its rules, limits the activity of public power and forces it to act in a market oriented way in its economic activities. The legal inheritance of the Union which is related to the awarding of public contracts (on public procurement, concessions and public-private partnership is based on general principles which arise from the Agreement on the Establishment of the European Union, and from the court practice of the European Court of Justice such as transparency, equal treatment and non-discrimination. The demands which are placed on legal protection within the area of awarding certain public contracts are regulated by two, in important points confl ictive directives of the EU on legal remedies: Directive 89/665/EEC, which is related to legal protection in the so called classic sector and by Directive 92/13/EEC which is related to the legal protection in the services sector. The aforementioned with directives set certain demands which the member states must satisfy during the regulation of legal protection in their national legislative. The Croatian system of legal remedies is not unique in the questions of legal protection in procedures of awarding public contracts. That is, the system of legal protection in the procedure of public procurement is different from legal protection in the procedure of awarding contracts of concession and contracts of public-private partnership. Court control of public administration is recognisable as the fundamental element of the rule of law. However, there exists signifi cant room for improvement of legal, and in particular, court protection in the Republic of Croatia for breach of law during

  15. Effective environmental protection by the reform of the administrative procedures and administrative legal rights

    International Nuclear Information System (INIS)

    Breuer, R.

    1978-01-01

    The 52nd German Lawyers Meeting will be concerned in its legal department with the question of whether, from the points of view of the guaranteeing of the necessary environmental protection, additional regulations in the administrative procedures and administrative legal rights should be recommended. Here one is concerned, above all, with the problem of whether an administrative legal associations sueing or associations participation in administrative legal procedures is desirable in the interests of environmental protection. A negative answer must be given to this question. Discussion should concentrate on the problematical administrative legal interests, on the strengthening of administrative participation of popular opinion or interests in legal processes, on other improvements in administrative processes and on the legal control by Parliament of environmental protection. (orig.) [de

  16. 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.

  17. Privacy and data protection: Legal aspects in the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    Nora Osmani

    2016-07-01

    Full Text Available The purpose of this paper is to present a theoretical assessment of the existing Law on Personal Data Protection in the Republic of Macedonia. The paper aims to analyse whether there is a need for additional legal tools in order to achieve a balance between maintaining data integrity in the digital age and the use of modern technology. The paper discusses the meaning of “information privacy” in the age of big data, cyber threats and the domestic and international response to these issues. Special focus is dedicated to privacy policy enforcement in European Union Law. Having regard to the development of new technologies, prevailing data protection legislation may no longer be able to provide effective protection for individuals’ personal information. Therefore, existing laws should be continuously adapted to respond to new challenges and situations deriving from different online activities and communications.

  18. 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

  19. Legal problems raised in Italy by the ratification of the Convention in Physical Protection - implications in Europe

    International Nuclear Information System (INIS)

    Albano, R.; Crocenzi, G.

    1983-01-01

    This paper examines the legal problems which arose in Italy when the Convention on the Physical Protection of Nuclear Material, opened for signature in 1980, was ratified by that country in 1982. The purpose and background of the Convention and its relationship with other international regulations, in particular in the field of transport, are analysed in detail. Finally, the paper reviews the main European laws (French, German and British) on physical protection of nuclear material. (NEA) [fr

  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. [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.

  2. Constitutional and legal protection for life support limitation in India

    Directory of Open Access Journals (Sweden)

    R K Mani

    2015-01-01

    Full Text Available Appropriate treatment limitations towards the end of life to reduce unwanted burdens require ethical clarity that is supported by appropriate legislation. The lack of knowledge of enabling legal provisions, physicians feel vulnerable to legal misinterpretation of treatment limiting decisions. In India the lack of societal awareness, inadequate exploration of the gray areas of bio-ethics and unambiguous legal position relating to terminal illness have resulted in poor quality end of life care. Much of the perceived vulnerability by the physician is attributable to insufficient knowledge and understanding of existing constitutional and legal position in India. While we await informed legal and legislative opinion, this paper highlights possible legal liabilities arising from treatment limitation decisions with available defense. It is hoped that such clarity would lead to more confident ethical decisions and improved end of life care for patients.

  3. 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.

  4. Koblenz Higher Administrative Court reproaches complainants with abusing legal protection

    International Nuclear Information System (INIS)

    Anon.

    1981-01-01

    In its decision of November 18, 1980, the Koblenz Higher Administrative Court of Rhineland-Palatinate dismissed the appeal filed by the complaining party, members of the so-called 'Forum Humanum' against the decisions made by the Koblenz Administrative Court which dismissed their action filed against the partial licence issued for, and the licensing of, the Muelheim-Kaerlich reactor (comp. with first report in 'et' 2/81 p. 145). The complaining party was ordered to pay the costs of the proceedings, including the out-of-court costs of the parties invited to attend (constructor and operator). According to the decision, the value in litigation was fixed at DM 100 000 each for the appeal. Another appeal was not allowed. The substance of both decisions is identical. In decision 7 A II 78/80 it is pointed out that the complaining party appeared in court as a 'public agent' acting in the 'public interest'. Constitutionally, legal protection in administrative matters does not know of any class-action suit. (orig./HSCH) [de

  5. The Protection of Classified Information: The Legal Framework

    National Research Council Canada - National Science Library

    Elsea, Jennifer K

    2006-01-01

    Recent incidents involving leaks of classified information have heightened interest in the legal framework that governs security classification, access to classified information, and penalties for improper disclosure...

  6. The EURATOM legal framework in health protection and nuclear safety

    International Nuclear Information System (INIS)

    Mondoloni, F.

    2010-01-01

    The EURATOM treaty and its derived legislation constitute a standardised base to support the development of nuclear power throughout the European Union. Health protection against the effects of radioactivity and nuclear safety are a key component of this system. For 50 years, common obligations have been gradually defined and updated to guarantee radiological protection of the peoples and the environment of Europe. At a time when increasing numbers of countries are looking to switch to or strengthen the position of nuclear power in their energy mix, health protection issues are once again topical. The Commission is taking advantage of this particular context to propose new standards, while at the same time internationally promoting the idea of a European regulatory model. Europe, whose technological expertise in the nuclear field is undisputed, has everything to gain from disseminating its radiation protection and nuclear safety values worldwide. However, while exploring new areas for community harmonization in these fields, a necessary balance needs to be retained with national systems which have proven their worth, while taking account of the respective competence of the Community and the Member States. It is by defending national positions with the community institutions that it is possible to contribute to this balance. The General Secretariat for European Affairs (SGAE), the EURATOM technical committee (CTE) and France's Permanent Representation in Brussels, form an effective system for formulating and defending these positions, thus helping to orient community work on nuclear issues. (author)

  7. 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.

  8. Legal verification of the dosimetric instrumentation using for radiation protection in Cuba

    International Nuclear Information System (INIS)

    Walwyn, A.; Morales, J.A.

    1999-01-01

    By April of 1998 the Decree law 183 of Metrology was published at the Gaceta Oficial de la Republica de Cuba. It establishes the principles and general regulations for the organisation and juridical system of the metrological activity in Cuba. In the radiation protection field this legislation promote the establishment of a verification service of radiation measuring instruments used in the practices with radiation sources in the country. The limitations of old Cuban standards of verification related to dosimetric quantities and to the types of instruments for those which these standards are applicable; and in addition, the publication of new international standards that includes the operational quantities used for the measurement of instruments, led to the elaboration of the X and Gamma Radiation Meters Used in Radiation Protection standard. The requirements of metrological aptitude are taken from some test procedures described in the International Electrotechnical Commission (IEC) standards on photon monitoring equipment. The Secondary Standard Dosimetry Laboratory of the Centre for Radiation Protection and Higiene will start the verification service of Radiation Protection instruments. The beginning of the service is an essential element in the improvement of the accuracy of ionisation radiation metrology in Cuba, and have an evident impact in the protection of the occupationally exposed workers, because having the instruments in good technical condition became a legal exigency to the users of ionisation radiation

  9. Legal framework of the Radiation Protection in Guatemala

    International Nuclear Information System (INIS)

    Freire, Diana

    2002-01-01

    This presentation prepared by the Deputy Director of Energy Mrs. Diana Freire de Nave overviews the following issues: objectives and functions of the national authority on the following activities: controlling, licensing and inspections. Also describes the legal process to authorize installations, operators, equipment and the legal frame on radiation safety in Guatemala

  10. Political and legal aspects of the protection of national minorities in Ukraine

    Directory of Open Access Journals (Sweden)

    Oleksandra V. Fedun

    2016-01-01

    Full Text Available The article deals with the research of basic categories of the rights of national minorities that reside on the territory of Ukraine. Moreover, political and legal principles as well as legislative sources for securing these rights at the state level in accordance with the international legal standards are analyzed. The peculiarities of Ukraine’s cooperation with international organisations and neighboring countries in the field of protection the rights of national minorities and regulation of interethnic relations are investigated. In Ukraine the guarantees and protection of the rights of national minorities at the legislative level comply with the world and European standards. The system of state administration bodies in the field of interethnic relations has been established but there are still some problems that need to be resolved on the Parliamentary level as well as on the level of executive agencies and local authorities. At the current stage it is necessary to adopt the law on «The Concept of National Ethnic Policy of Ukraine». Also, the political and legal status of indigenous peoples should be defined especially Crimean Tatars, deported ethnic minorities and some ethnographic groups of the Ukrainian ethnos. In addition, it is important to establish an effective mechanism for realization of the rights of national minorities in Ukraine and to ensure monitoring of the observance of these rights. Implementation of the appropriate measures would facilitate the prevention of confrontation in the Ukrainian society on the ethnic and political as well as language grounds. It would also promote the prevention of aggravation of interethnic relations and would ensure the formation of public tolerance to persons belonging to national minorities.

  11. PESTEL Model Analysis and Legal Guarantee of Tourism Environmental Protection in China

    Science.gov (United States)

    Zhiyong, Xian

    2017-08-01

    On the basis of summarizing the general situation of tourism environmental protection in China, this paper analyses the macro factors of tourism environmental protection by using PESTEL model. On this basis, this paper explores the improvement paths of tourism environmental protection based on PESTEL model. Finally, it puts forward the legal guarantee suggestion of tourism environment protection.

  12. International regulations for radiation protection

    International Nuclear Information System (INIS)

    Daw, H.T.

    1982-01-01

    A review of the development of the IAEA Radiological Protection standards is given. The basic features of the latest revision recently adopted by the governing bodies of the sponsoring organizations, i.e. IAEA, WHO, ILO, NEA/OECD are discussed and some of the features of the future Agency programme for its implementation will be outlined. In particular, attention will be given to development of the basic principles for setting release limits of radioactive materials into the environment. An important aspect of this is when the release of radioactive materials into the environment crosses international boundaries. The Agency is best suited to try to reach a consensus on the minimum monetary value for the unit collective dose. (orig./RW)

  13. 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?

  14. 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

  15. 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.

  16. 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.

  17. 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.

  18. Legal mechanisms in European Union and Serbia which aimed to protect women from domestic violence

    Directory of Open Access Journals (Sweden)

    Samardžić Sandra

    2012-01-01

    Full Text Available Violence against women is the most common form of domestic violence. This problem has long been ignored, because it is considered that family relations, e.g. relations between married and unmarried partners are a private matter and the state's obligation was to refrain from any interference. However, since the problem of domestic violence against women has become increasingly common, the attitude of the international community began to change, and it was increasingly emphasizes the need to create adequate legal mechanisms to provide protection to the victim. In this sense, in the United Nations, and the European Union a number of laws were enacted. In Serbia, there is also both, criminal and civil law regulation that seeks to prevent domestic violence and to punish perpetrators and protect victims. In addition to adequate legal mechanisms, which can always be improved, it is necessary to take certain initiatives by states that can lead to improved awareness among the people about the presence of violence, and the ways in which they can help.

  19. 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.)

  20. Legal problems in the concretisation of the fundamental requirements on radiation protection. 1. paper

    International Nuclear Information System (INIS)

    Bartholdy, V.

    1980-01-01

    The author deals with questions of radioecological regulations based on Sect. 45 p. 2 of the Radiation Protection Ordinance, emphasizing its significance for the transparency of decision-making processes under the Atomic Energy Law - which is not only a legally relevant aspect in the interest of debunking the discussion on nuclear energy utilization, but also under constitutional criteria of legal clarity. (HP) [de

  1. 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)

  2. 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...

  3. Protection of children's rights in the health care: problems and legal issues.

    Science.gov (United States)

    Pashkov, Vitaliy; Olefir, Andrii

    Introduction: Among all categories of patients children (minors) must be protected first. It is caused so by the specificity of the treatment, their vulnerability, the need of further protection and supervision. Providing of medical care services for children are often connected with the risks of the process of treatment, and of the drug usage. The aim: To identify the problems associated with the protection of the rights of minors and, on the basis of this, the basic guarantees of their rights, as well as mark the trends in the practice of ECHR. Materials and Methods: The study is based on its own theoretical and empirical basis. The theoretical basis include scientific articles, expert reviews of legislation and communications of non-governmental organisations, and empirical - decisions of the ECHR, international legal acts and directives of the EU. Results: The main violations of the rights of minor children include the following: - legal representatives of children do not take to the account their interests (refusal of medical intervention or the choice of certain method of interference); - medical intervention under the influence of coercion; - providing of unwarranted medical care without the corresponding testimony; - providing of inadequate medical care: when the patient was only examined and ineffective treatment was prescribed, and others. As for mentally ill children, the following rights are usually violated: for life, for a fair trial. It has been proved that defects in the provision of health care are often predetermined by the poor state logistics of hospitals, lack of financing and appropriate pediatric medicines, outdated methods of treatment, and incompetence of some doctors. Conclusions: From the point of view of protecting the rights of minors, the rights of children in medicine can be classified into universal and special. The rights correspond not only to the corresponding duties of medical staff, but also of their parents (legal

  4. Protecting the foundation and magnificent edifice of the legal ...

    African Journals Online (AJOL)

    Thukwane and Mtshabe demonstrate that the admission or readmission must not be damaging to the integrity and standing of the profession, the judicial system, or the administration of justice, or be contrary to the public interest. It is trite that public confidence in the legal profession is more important than the fortunes of any ...

  5. 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

  6. 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

  7. Patient Safety Data Sharing and Protection From Legal Discovery

    National Research Council Canada - National Science Library

    Suydam, Steven; Liang, Bryan A; Anderson, Storm; Weinger, Matthew B

    2004-01-01

    .... Nevertheless, existing State and Federal law may offer some protection. The most promising source of existing protection for all members of patient safety collaboratives is 42 U.S.C. SS299c-3(c...

  8. The Legal Protection of Ecoturism on Amazon State

    OpenAIRE

    Bárbara Dias Cabral

    2016-01-01

    This article presents the legislation on ecotourism in the Amazon, which stands as polo Brazilian and global ecotourism. An answer search the following questioning: analyzing the social, environmental and cultural aspects, we can say that the Brazilian legal system and legislation promote Amazon Ecotourism? The methodology is deductive, with doctrinal, legislative and interdisciplinary research, as it quotes the thought of some tourismologists, agronomists and environmentalists. There in the ...

  9. 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.

  10. LEGAL PROTECTION FOR CONSUMER OF UNLICENCED VAPOR FROM DRUG AND FOOD SUPERVISORY AGENCY

    Directory of Open Access Journals (Sweden)

    Dedhi Bima Samudra

    2018-04-01

    Full Text Available Abstract This research begins with the number of liquid vapor that is not licensed BPOM spread in Indonesia, and there is no clear law for liquid vapor, so there is no clarity from legal protection against liquid vapor consumers who are not licensed from  BPOM. Therefore, in this research, there is the formulation of the problem as follows: Is there a legal protection against liquid vapor consumers who are not licensed from BPOM?. The purpose of this research to determine whether there is legal protection against liquid vapor consumers who are not licensed BPOM. So this research can be useful for subsequent research that has the same theme and beneficial to researchers, liquid vapor consumers and also for the government. The research method used is the normative method. Normative research methods using statute approach. The result of the research shows that there is legal protection for liquid vapor consumer who is not licensed by BPOM, which is reviewed from the Law of the Republic of Indonesia Number 36 Year on concerning the health of Article 113 paragraph (1 and Article 114, Law of the Republic of Indonesia Number 8 Year 1999 on Consumer protection Article 8 paragraph (1 c and paragraph (1 i, Regulation of the Head of the Food and Drug Supervisory Agency of the Republic of Indonesia Number 4 Year 2017 on the Supervision of the Importation of Drugs into the Territory of Indonesia Article 4 paragraph (1. Keywords: Legal Protection, Consumer, Liquid-Vapor

  11. THE LEGAL PROTECTION FOR REAL LAND RIGHT HOLDER IN CASE OF FORGED RINCIK

    Directory of Open Access Journals (Sweden)

    Nirwana Nirwana

    2017-12-01

    Full Text Available The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1 the legal protection for the land owner whose possession was based on rincik evidence, and (2 the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The interview was performed to strengthen the theories and opinions in the research. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1 the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2 the legal protection on the good faith buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.

  12. International Organizations and Environmental Protection

    DEFF Research Database (Denmark)

    Meyer, Jan-Henrik; Kaiser, Wolfram

    . This volume is the first to comprehensively explore the environmental activities of professional communities, NGOs, regional bodies, the United Nations, and other international organizations during the twentieth century. It follows their efforts to shape debates about environmental degradation, develop...

  13. An analysis of the legal protection of pregnancy and maternity at the workplace in Malaysia

    OpenAIRE

    Bhatt, Jashpal Kaur

    2017-01-01

    This thesis examines the scope of the legal protection of pregnancy and maternity with respect to private sector workers in Peninsular or West Malaysia. The analysis focuses on how effectively the law deals with the adverse or unfavourable treatment of women workers in respect of pregnancy and maternity. The feminized workplace in Malaysia is assessed to determine the manner in which women’s ‘double burden’ in productive and reproductive labour results in the various legal issues fac...

  14. Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

    OpenAIRE

    Prahassacitta, Vidya

    2017-01-01

    Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues...

  15. The dispense of legal reserve in the registration of property: decrease of environmental protection?

    Directory of Open Access Journals (Sweden)

    Thiago de Miranda Carneiro

    2016-12-01

    Full Text Available It is intended to analyze the rural environmental registry and exemption from the registration of the legal reserve on the basis of Law 12.651/12. They will be addressed elements of environmental protection and real estate to handle the revocation of registration of the legal reserve in real estate registry and their inclusion in the CAR, as well as property registration paper and registral advertising in order to ascertain the legal traffic safety real estate. We used exploratory method  through literature and document analysis starting at the constitutional and environmental law through the registral law.

  16. Sexual Harassment: Legal Protection Againts Workers in Malaysia

    OpenAIRE

    Arief, H. Hanafi

    2017-01-01

    Sexual harassment is a criminality that the government of Malaysia should give protection to the victims. Malaysia Criminal Act, Employment Act 1955, and Industrial Relations Act 1967 and Regulation or Act 117 were enforced to do. The protection includes any victim living in Malaysia without discrimination citizens or non-citizens, including labour migrants whether documented or undocumented. Sometimes employer violated their worker's rights because he believes that workers tend not to reveal...

  17. Semantic Legal Policies for Data Exchange and Protection across Super-Peer Domains in the Cloud

    Directory of Open Access Journals (Sweden)

    Kua-Ping Cheng

    2012-10-01

    Full Text Available In semantic policy infrastructure, a Trusted Legal Domain (TLD, designated as a Super-Peer Domain (SPD, is a legal cage model used to circumscribe the legal virtual boundary of data disclosure and usage in the cloud. Semantic legal policies in compliance with the law are enforced at the super-peer within an SPD to enable Law-as-a-Service (LaaS for cloud service providers. In addition, cloud users could query fragmented but protected outsourcing cloud data from a law-aware super-peer, where each query is also compliant with the law. Semantic legal policies are logic-based formal policies, which are shown to be a combination of OWL-DL ontologies and stratified Datalog rules with negation, i.e., so-called non-monotonic cq-programs, for policy representation and enforcement. An agent at the super-peer is a unique law-aware guardian that provides protected data integration services for its peers within an SPD. Furthermore, agents at the super-peers specify how law-compliant legal policies are unified with each other to provide protected data exchange services across SPDs in the semantic data cloud.

  18. Evaluation of Legal Data Protection Requirements in Cloud Services in the Context of Contractual Relations with End-Users

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2014-03-01

    Full Text Available Purpose – to analyse the compliance with basic principles of data protection in selected consumer oriented cloud services contracts, and also to highlight the adequate level of data protection in the mentioned contracts, evaluating existing data protection directive 95/46/EC, also proposed General data protection regulation.Design/methodology/approach – various survey methods have been used in the work integrated. Documental analysis method has been used in analysis of scientific literature, legal acts and other documents, where aspects of legal data protection requirements have been included. Legal documents analysis method together with logical-analytic method has been used in analysing Directive 95/46/EU, Proposal for a regulation of the European Parliament and of the Council and jurisprudence of the European Court of Human Rights. Comparative method has been applied for revealing difference between particular cloud services contracts and also comparing the compliance of cloud services contracts to requirements of basic European data protection principles, established in the international documents.Findings – from the brief analysis of selected consumer oriented cloud service providers, it may be implied that more or less all the legal principles, established in the legal acts, are reflected in the privacy policies and/or service agreements. However, it shall be noted that there is a big difference in wording of the analysed documents. Regarding other principles, all examined cloud service providers do not have indemnification provisions regarding unlawful use of personal data.Research limitations/implications – the concept of the contract was presented in a broad sense, including the privacy policies and/or terms and conditions of the service providers. In accordance with the content of the principles, the authors grouped data protection principles, applied in cloud services into fundamental and recommendatory.Practical implications

  19. [Correlation between legal protection of the environment and health].

    Science.gov (United States)

    Giraldi, Guglielmo; Rinaldi, Alessandro; D'Andrea, Elvira; Lucchetti, Pietro; Messano, Giuseppe Alessio; d'Alessandro, Eugenia De Luca

    2012-01-01

    Health promotion is a priority of our time and planning and the evaluation of health and hygiene should be directed towards strategies to improve the well-being and lifestyles of the community. At the legislative level in Italy, the Ministry of Health, was established in 1958 with the task of providing for the collective health of the whole nation and in 1978, with Law 833, the National Health Service (NHS) was created which secured assistance and healthcare to all Italian citizens. The most important component of the entire health system is the Local Health Unit (USL) which has responsibility for prevention, treatment and rehabilitation, and highlights the importance of safeguarding the health, hygiene and safely at home and at work and the "hygiene of urban settlements and communities", ie environmental protection. One of the reasons for the delays in the promotion of environmental protection initiatives in Italy is to be found in the referendums of 1993, including the one which removed the tasks regarding environmental controls from the NHS. The temporary skills gap in the environmental field was filled with the 'National Agency for Environmental Protection (ANPA), which later became the Agency for Environmental Protection and Technical Services (APAT), and the regional level, the Regional Agencies Environmental Protection Agency (ARPA). Law 61/21 January 1994 joined the ARPA to the National Institute for Environmental Research and Protection (ISPRA). It is now necessary to implement a program that takes account of the damage caused to the environment and consequently the individual, which is totally committed the combination of the environment and human health and not, as in the recent past, as two distinct entities. In this sense, it is of fundamental importance the role of prevention departments to promote the organization networking and of individual companies' and individuals' skills, in fact. The integration of planning processes, environmental monitoring

  20. Legal study on water environmental protection of Three Gorges Reservoir Area

    Institute of Scientific and Technical Information of China (English)

    DENG He

    2007-01-01

    Water environment security of the Three Gorges Reservoir Area has become a more extensive concern since the impoundment of the reservoir. This paper describes the existing water environmental hazards and defects in current legal system for water environmental protection in this area, and also discusses their possible causes and potential problems in the future based on first hand materials and other literature. According to the theories of integrated river basin management and environmental equity principle, legal proposals are put forward, which include building an unitary legal system dedicated to the Reservoir Area, setting up a basin authority of the Yangtze River to preside over the resources protection and development, using interests' compensation system to solve interest conflicts among different reaches, and making concrete regulations to direct public participation in water environmental security protection of the Three Gorges Reservoir Area.

  1. Desirable changes in the legal radiation protection regulations in Austria

    International Nuclear Information System (INIS)

    Holeczke, F.

    1988-01-01

    The complexity of the Austrian Radiation Protection Law ranging from nuclear reactors up to odontoradiographs hampers its amendment so that merely an amendment of the Radiation Protection Ordinance seems to be feasible. Suggestions for amendments should orient themselves along experience made in practice. In particular amendments of the regulations on the period for safekeeping the records in radiodiagnostics, on the final examination of persons exposed to radiation in the case of termination of employment as well as of Sec. 34, 41 Subsec. 2 and Sec. 62, Subsec. 1 would be desirable. The latter concern technical regulations, the monitored area and the equipment for the soft-ray technique. (DG) [de

  2. The slow elimination of legal protection in connection with the law on the protection of the environment

    International Nuclear Information System (INIS)

    Geulen, R.

    1980-01-01

    The main cause of the reduction of legal protection against decisions under planning law and faits accomplis created during planning seems to stem from the practice adopted by those initiating and having an interest in projects, namely to prepare and somewhat anticipate the essential decisions long before government-controlle planning sets in. In fact, the licensing authorities which, according to their legal function, would have to check applications of operators with regard to licensing requirements, see themselves confined to follow a slow process of amalgamation with given, and, sometimes, factually executed planning decisions. In addition, the situation of the authorities regarding personnel and time does not allow them to carry out factual checking in its proper sense of, for example, licensing requirements for nuclear power plant construction. This process of amalgamation discussed by the author has an impact on the functions to be fulfilled by the courts, and on legal protection in general. The prognosis given by the author says that, due to this lack of efficient control by governmental authorities and courts especially in connection with the planning of large-scale projects likely to have an unfavourable effect on the environment, those persons or groups of persons feeling themselves insufficiently protected by the legal system, will more and more have recourse to political action rather than legal action. (orig.) [de

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

    Directory of Open Access Journals (Sweden)

    Nina GUMZEJ

    2013-12-01

    Full Text Available Proposed new EU general data protection legal framework profoundly affects a large number of day-to-day business operations of organizations processing personal data and calls for significant effort on their part toward the necessary legal-regulatory compliance. In this paper the author examines key legislative developments towards this new EU frame and impact for the Republic of Croatia as the youngest EU Member State. Following introductory overview, legal analysis of draft EU General Data Protection Regulation as proposed by the European Commission and recently adopted amendments by the European Parliament mainly focuses on selected solutions impacting national data protection supervisory authorities. This is complemented with examination of relevant sources of EU law, including the case law of the Court of Justice of the European Union. Assessment of results of this research is next made with respect to prospects of the data protection legal framework of the Republic of Croatia. The paper is concluded with the author’s critical overview of analyzed EU proposals impacting national data protection supervisory authorities in light of EU pivotal goals, and de lege ferenda proposals to timely address identified obstacles towards more adequate enforcement of data protection legislation in Croatia.

  4. 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

  5. Steps to implement the legal and regulatory infrastructure for physical protection of nuclear material in Peru

    International Nuclear Information System (INIS)

    Ramirez Quijada, R.

    2001-01-01

    physical protection where competency and requisites in physical protection of nuclear material are established. The proposed rule was first written taking into account the recommendations of INFCIRC/225/Rev.4 and then also the recommendations by an IPPAS mission in 1999. In order to cope with all of these subjects the projected rule (currently under review) has included both legal and technical aspects. The main parts include the objective and purpose, the responsibilities for the organizations engaged in the physical protection, categorization of nuclear material as established in the Convention on Physical Protection, requisites for transportation and storage an use of nuclear materials, requisites for nuclear installations, coordination levels between State authorities, and enforcing and sanctions. As the Institute Peruano de Energia Nuclear (IPEN) is the national competent organization in nuclear energy the proposed rule has also established that national competent authority on physical protection as being IPEN. The proposed rule foresees the participation of Ministry of Defense and Ministry of Internal Security. In order to achieve a good level of participation and engagement of these authorities, the document is going to be reviewed by these two state organizations. Additionally, pursuant to the Convention, the rule has been stated specifically that non-authorized removal or sabotage of nuclear material and installations will be punished by Civil and Penal Code. If some offenses related to the physical protection would happen, the current Penal Code and another Laws make it possible to punish them but it could be not at all easy. In order to close the legal circle for a good regulation of physical protection, some inclusions specifically related to this matter will be proposed to the Penal Code. It is expected that the proposed rule will be approved by early next year, but the additions to the Penal Code perhaps will need more time. One additional task for IPEN in

  6. Legal status, role and competencies of the commissioner for protection of equality

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2014-01-01

    Full Text Available The Commissioner for Protection of Equality is an autonomous and independent state authority established on the basis of the Law on the Prohibition of Discrimination (2009, as a central national institution for protection from and suppression of discrimination. The article analyses the legal profile and position of the institution within the legal system, the role and scope of its authority in preventing and reacting to discrimination. In addition, the Commissioner’s acting upon complaints has been considered, as well as so-called strategic litigation, its potentials, and the indicators used for identifying strategically important cases of discrimination, and the requirements for initiating strategic litigation.

  7. 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

  8. Legal protection of child victims of sexual violence in Serbia

    Directory of Open Access Journals (Sweden)

    Tanjević Nataša

    2010-01-01

    Full Text Available Violence against children is not a new phenomenon. In this regard, the forms in which it occurs as well as methods that allow it to have taken on an astonishing scale worldwide. Certainly, in this sense, sexual violence leaves the hardest and most complicated effects on the victim. Bearing in mind the complexity of sexual violence against children in the work we are going through an analysis of the criminalization of certain creatures that protect the sexual integrity of children from various forms of sexual violence, and analysis of his position of criminal attempt to answer the question of how the criminal justice system of protection that exists in our country can respond to this case.

  9. Legal protection of child victims of sexual violence in Serbia

    OpenAIRE

    Tanjević Nataša

    2010-01-01

    Violence against children is not a new phenomenon. In this regard, the forms in which it occurs as well as methods that allow it to have taken on an astonishing scale worldwide. Certainly, in this sense, sexual violence leaves the hardest and most complicated effects on the victim. Bearing in mind the complexity of sexual violence against children in the work we are going through an analysis of the criminalization of certain creatures that protect the sexual integrity of children from v...

  10. National environmental protection in the Internal Market

    International Nuclear Information System (INIS)

    Middeke, A.

    1994-01-01

    In consideration of the awful ecological situation, the further development of environmental protection is the task of the Community institutions and the individual member states. The environmentalists advance this improvement by increasingly setting further protectionist measures within their power, such as those already existing in other member states or those community established. The legally motivated environment protection measures of individual member states could create a non-tariff trade barrier between member states; business and industry situated there must adapted to the environmental conditions of the particular member state, if they wish to launch their product in that state. These safeguard clauses, concerning environmental law are of different nature, are thoroughly analysed and systematized by the author. The thesis gives priority to Article 100A, paragraph 4 and 5, and to Article 130T or 130R, paragraph 2, subparagraph 2, which has recently been introduced by the Treaty of Maastricht for the European Union. These articles are represented concerning their substantive and adjective requirements and are critically reviewed. Problems that have arisen in the course of the review are dealt with dogmatically and are discussed at length. The problems of national discrimination and the consideration of fundamental rights in the Community law are treated as well as the mixture of competences in the environmental law of the Community or the options on legal protection against national environmental acts, which can be made use of by Community institutions and by member states. (orig./HP) [de

  11. Curbing transboundary air pollution : protecting health through legal action

    Energy Technology Data Exchange (ETDEWEB)

    McKeown, D.; Campbell, M.; Clark, K.; Ursitti, F.

    2005-03-01

    Concerns regarding coal-fired power plants in North America were addressed in this report with particular reference to facilities in the United States that negatively impact the air quality and the health of residents in the City of Toronto. Aging coal-fired plants in the United States generate more pollutant emissions per unit of electricity produced than coal-fired plants in Ontario and as such, contribute to smog, acid rain and global warming. They also contribute to the contamination of fish through deposition and biotransformation of mercury in the aquatic ecosystem. Toronto's concerns also stem from actions to extend the life of several plants in the United States without investing in modern pollution control technology, an action that contradicts the requirements of the United States Clean Air Act, and which is contrary to Ontario's commitment to phase out coal-fired electricity production. Lawsuits have been filed against power plants that failed to install pollution control technology. The City of Toronto was granted Friend of the Court status in the United States court deliberating on the case involving the American Electric Power (AEP) Corporation and its contravention of the Clean Air Act. The next phase of legal proceedings will be to determine the remedy should the court find AEP in violation of the Act. The outcome of this court case could result in improvements in Toronto's air quality. The proposed United States Clear Skies legislation, however, may also delay reductions of pollutant emissions from coal-fired power plants until 2018. 12 refs., 1 tab., 4 figs., 3 appendices.

  12. Curbing transboundary air pollution : protecting health through legal action

    International Nuclear Information System (INIS)

    McKeown, D.; Campbell, M.; Clark, K.; Ursitti, F.

    2005-03-01

    Concerns regarding coal-fired power plants in North America were addressed in this report with particular reference to facilities in the United States that negatively impact the air quality and the health of residents in the City of Toronto. Aging coal-fired plants in the United States generate more pollutant emissions per unit of electricity produced than coal-fired plants in Ontario and as such, contribute to smog, acid rain and global warming. They also contribute to the contamination of fish through deposition and biotransformation of mercury in the aquatic ecosystem. Toronto's concerns also stem from actions to extend the life of several plants in the United States without investing in modern pollution control technology, an action that contradicts the requirements of the United States Clean Air Act, and which is contrary to Ontario's commitment to phase out coal-fired electricity production. Lawsuits have been filed against power plants that failed to install pollution control technology. The City of Toronto was granted Friend of the Court status in the United States court deliberating on the case involving the American Electric Power (AEP) Corporation and its contravention of the Clean Air Act. The next phase of legal proceedings will be to determine the remedy should the court find AEP in violation of the Act. The outcome of this court case could result in improvements in Toronto's air quality. The proposed United States Clear Skies legislation, however, may also delay reductions of pollutant emissions from coal-fired power plants until 2018. 12 refs., 1 tab., 4 figs., 3 appendices

  13. 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.

  14. 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’

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. Over-the-Counter and Out-of-Control: Legal Strategies to Protect Youths From Abusing Products for Weight Control

    Science.gov (United States)

    Taylor, Lisa M.; Austin, S. Bryn

    2013-01-01

    Abuse of widely available, over-the-counter drugs and supplements such as laxatives and diet pills for weight control by youths is well documented in the epidemiological literature. Many such products are not medically recommended for healthy weight control or are especially susceptible to abuse, and their misuse can result in serious health consequences. We analyzed the government’s role in regulating these products to protect public health. We examined federal and state regulatory authority, and referred to international examples to inform our analysis. Several legal interventions are indicated to protect youths, including increased warnings and restrictions on access through behind-the-counter placement or age verification. We suggest future directions for governments internationally to address this pervasive public health problem. PMID:23237149

  20. Anti-Spam Legislation in Consideration of Personal Data Protection and Other Legal Instruments

    Czech Academy of Sciences Publication Activity Database

    Matejka, Ján

    2016-01-01

    Roč. 6, č. 2 (2016), s. 90-114 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : spam * personal data protection * e- marketing Subject RIV: AG - Legal Sciences

  1. Legal Protection of Animals in the Czech Republic: an Overview and Some Remarks on its Application

    Czech Academy of Sciences Publication Activity Database

    Müllerová, Hana

    -, č. 4 (2010), s. 86-94. ISBN 978-80-87488-00-3 R&D Projects: GA ČR GA407/08/1053 Institutional research plan: CEZ:AV0Z70680506 Keywords : animal protection * cruelty to animal s * animal shelters Subject RIV: AG - Legal Sciences

  2. Compelling truth: legal protection of the infosphere against big data spills.

    Science.gov (United States)

    Schafer, Burkhard

    2016-12-28

    The paper explores whether legal and ethical concepts that have been used to protect the natural environment can also be leveraged to protect the 'infosphere', a neologism used by Luciano Floridi to characterize the totality of the informational environment. We focus, in particular, on the interaction between allocation of (intellectual) property rights and 'communication duties', in particular, data breach notification duties.This article is part of the themed issue 'The ethical impact of data science'. © 2016 The Author(s).

  3. 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

  4. LEGAL INSTRUMENT FOR PROTECTION OF GEOGRAPHICAL INDICATION PRODUCT IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Almusawir Nansa

    2013-07-01

    Full Text Available As an archipelago country, Indonesia comprises of a large territory where every region is capable of producing distinctive and characterized products due to its geographical, social, and cultural factors, in addition to its higher quality compared to imported products. In the market, goods with distinct characterization as a result of various geographical locations of production regions is known as Geographical Indication Products. Geographical Indication defines as a characterization that indicates the origin of a product, which includes several influencing factors such as geographical factor, natural factor, human factor or the combination of both factors which eventually contribute to establish a certain distinction and quality upon a product. Several geographical indicated products in Indonesia are widely known to have excellent reputation on the market, namely Delinese tobacco, Temanggung tobacco, Ciancur rice, Muntok white pepper, Lampung black pepper, Kerinci cinnamon, Cilembu cassava, Bandanese nutmeg, Proboliggo sweet mango, Balinese Kintamani coffee, Kalosi coffee, Papuan matoa, etc. Those are several richness of goods from certain regions in Indonesia widely known for their characterization. Characterization of goods are resulted by variation of geographic locations of producing regions in Indonesia. These goods possess high quality and high economic value. Consequently, certain instruments are required to provide protection upon the regions producing those goods against the act of counterfeiting.

  5. Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions.

    Science.gov (United States)

    Dahlin, Moa Kindström; Leviner, Pernilla; Kaldal, Anna; Gumpert, Clara Hellner

    2010-01-01

    This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need. Copyright © 2010 Elsevier Ltd. All rights reserved.

  6. EUROPEAN COURT OF HUMAN RIGHTS AS THE GUARANTOR OF LEGAL PROTECTION OF A HUMAN IN THE FIELD OF AVIATION ACTIVITIES OF UKRAINE

    Directory of Open Access Journals (Sweden)

    Yuriy Pyvovar

    2017-11-01

    Full Text Available Purpose: The effectiveness of human rights protection in the Council of Europe largely depends on activities of the European Court, which demonstrates high standards of justice, particularly in matters of human rights protection in the field of aviation activities. The article offers a critical assessment of Ukrainian national legislation in terms of its internal legal consistency and compliance with international legal acts. Methods: The methods of legal analysis are used to study court decisions in the aviation field; methods of comparative legal analysis, forecasting and dialectical - in the study of problems in the further improvement of Ukrainian legislation. Also in article applied the theory of legal comparative, approaches to applying the analogy of legal and law in process of making decisions on similar court cases. Results: The article deals with the analysis of the European Court of Human Rights jurisdiction on cases of protection of human rights in the field of aviation activities. Two groups of cases in which Ukraine is a defendant are identified: a cases of international concern (in particular the Malaysia Airlines’ Boeing 777-200ER crash; b cases of national character (citizens of Ukraine against the State of Ukraine. The author's position on deciding the cases in the field of aviation activities is based on the principles of respect for the European Convention on Human Rights, 1950. Discussion: The conclusion about the necessity of amending some national laws, taking into account the legal positions of the European Court (in particular, regarding the right of airlines workers to strike is made, and the fact that the issues of States and airlines activities to respect human and civil rights in the field of aviation activities are covered by jurisdiction of the European Court of Human Rights and occupy an important place in its practice is indicated.

  7. 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

  8. 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)

  9. Legal protection of the underwater cultural heritage: lessons from the Titanic

    OpenAIRE

    Dromgoole, Sarah

    2005-01-01

    Dr Sarah Dromgoole (Reader in Law, University of Leicester) charts the history of the legal protection of the underwater cultural heritage and considers some of the lessons that can be learnt from developments in respect of the remains of RMS Titanic. One or two issues of an ethical nature are also explored. Article based on a lecture delivered at the IALS in June 2005 and published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society fo...

  10. 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...

  11. Policy and Legal Protection for Breastfeeding and Incarcerated Women in Canada.

    Science.gov (United States)

    Paynter, Martha Jane

    2018-05-01

    Most incarcerated women in Canada are mothers. Because women are the fastest growing population in carceral facilities, protecting the rights of incarcerated women to breastfeed their children is increasingly important. There is considerable evidence that incarcerated women in Canada experience poor physical and mental health, isolation, and barriers to care. Incarcerated women and their children could benefit significantly from breastfeeding. This Insight in Policy explores policy and legal protection for breastfeeding in Canada as it relates to carceral facilities, considers key cases regarding breastfeeding rights among incarcerated women, and presents recommendations for policy development and advocacy. The Canadian Constitution and human rights legislation across Canada prohibits discrimination on the basis of gender and includes pregnancy and the possibility of becoming pregnant as a characteristic of gender. Some provinces note that breastfeeding is a characteristic of gender. Women's Wellness Within, a nonprofit organization providing volunteer perinatal support to criminalized women in Nova Scotia, conducted a scan of all provincial and territorial correctional services acts and the federal Corrections and Conditional Release Act: none mention breastfeeding. Protocols for breastfeeding during arrest and lockup by police were not available in any jurisdiction across Canada. International law, including the Convention on the Rights of the Child, the Nelson Mandela Rules, and the Bangkok Rules, have application to the rights of incarcerated breastfeeding women. The Inglis v. British Columbia (Minister of Public Safety) (2013) and Hidalgo v. New Mexico Department of Corrections (2017) decisions are pivotal examples of successful litigation brought forward by incarcerated mothers to advance breastfeeding rights. Improved application and understanding of existent law could advance breastfeeding rights.

  12. 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...

  13. 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.

  14. 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

  15. 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

  16. ANTI-DISCRIMINATION LAW AND COURT PRACTICE IN CROATIA-INDIVIDUAL AND ASSOCIATIONAL ANTI-DISCRIMINATION CLAIM AS (IN)EFFICIENT MECHANISMS FOR LEGAL PROTECTION

    OpenAIRE

    Paula Poretti

    2015-01-01

    In the paper basic legal sources of European and Croatian anti-discrimination law are presented. Special attention is given to Anti-discrimination Act from 2009 which was enacted with the aim to provide anti-discrimination legal framework as a guarantee of a high level of legal protection from different forms of discrimination in Croatian legal system. Individual and associational anti—discrimination claim as legal mechanisms for efficient legal protection are questioned. Also, along with the...

  17. 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)

  18. Basic knowledge from legal provisions of radiation protection for staff members in radiological facilities

    International Nuclear Information System (INIS)

    Poulheim, K.F.

    1987-01-01

    Based on ICRP recommendations the GDR legislation of radiation protection is performed by the National Board of Nuclear Safety and Radiation Protection of the GDR. The legal regulations of radiation protection in biomedical radiography and radiotherapy are specified. The main content of the atomic energy law and of the regulation on guarantee of nuclear safety and radiation protection is outlined. Basic principles such as radiation workers, operating personnel of nuclear facilities and the categories of their working conditions, areas of radiation protection and unusual events are defined. Responsibility, tasks of responsive staff members, measures of control by state and plant, guarantee of radiation protection, limitation of radiation doses and last not least regulations of sentences and fines, resp., are specified

  19. 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)

  20. 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.

  1. 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 ...

  2. Legally protecting and compelling veterinarians in issues of animal abuse and domestic violence.

    Science.gov (United States)

    Robertson, I A

    2010-06-01

    The majority of veterinarians recognise their important role and responsibility to society and animal welfare in the detection and reporting of suspected abuse of animals and humans. In spite of the existing moral, ethical, and legal duties applied to veterinarians, they face substantial barriers that prohibit them from fulfilling their professional role in handling cases of suspected abuse. With increasing public and legal attention on issues of animal welfare, the non-fulfillment of these duties places the profession and its members at considerable risk of public criticism and adverse legal accountability. The issue is raised here that the veterinary profession in New Zealand needs to provide a clear policy statement and take pro-active measures that provide practical enforceable solutions to these existing barriers and legal risks. Such an initiative will assist in ensuring that all registered members consistently fulfil their obligations, and are legally protected while doing so. Veterinary counterparts overseas already provide a legislative immunity for their veterinarians who report suspected abuse as part of a mandated duty to report. Implementation of such a duty has significant benefits for all veterinarians, including the requirement for education and effective support systems. In the absence of such a mandatory duty, intermediary measures can be introduced, demonstrating social responsibility and commitment by the profession to their existing duty of care.

  3. 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)

  4. Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

    Directory of Open Access Journals (Sweden)

    Vidya Prahassacitta

    2017-01-01

    Full Text Available Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues. Using secondary data from literature study and observation on several cyber media websites, this discovers two conclusions. First, the citizen journalist is part of freedom of the press; it means that a citizen journalist’s creation has protected form censor and bans. However, a citizen journalist still has a limitation which shall be complied videlicet Civil Code and Law No. 11 The year 2008 concerning Information and Electronic Transaction. Violation of both regulations means that a citizen journalist shall be legally responsible. Second, protection and responsibility border between a citizen journalist and press company are based on an agreement. Approval of term and condition of general user content in a website from a citizen journalist means that both parties have agreed to enter into an agreement. A press company might be freed of its legal responsibility as long as conducted its obligation to control and manage contents that have been uploaded and published by a citizen journalist. If the company does not take proportional action against citizen journalist’ contents that violating the law, the press company shall be requested its civil or criminal legal responsibility.

  5. Integrating Brain Science and Law: Neuroscientific Evidence and Legal Perspectives on Protecting Individual Liberties

    Directory of Open Access Journals (Sweden)

    Calvin J. Kraft

    2017-11-01

    Full Text Available Advances in neuroscientific techniques have found increasingly broader applications, including in legal neuroscience (or “neurolaw”, where experts in the brain sciences are called to testify in the courtroom. But does the incursion of neuroscience into the legal sphere constitute a threat to individual liberties? And what legal protections are there against such threats? In this paper, we outline individual rights as they interact with neuroscientific methods. We then proceed to examine the current uses of neuroscientific evidence, and ultimately determine whether the rights of the individual are endangered by such approaches. Based on our analysis, we conclude that while federal evidence rules constitute a substantial hurdle for the use of neuroscientific evidence, more ethical safeguards are needed to protect against future violations of fundamental rights. Finally, we assert that it will be increasingly imperative for the legal and neuroscientific communities to work together to better define the limits, capabilities, and intended direction of neuroscientific methods applicable for use in law.

  6. [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.

  7. Aspects of UN Activities on the International Protection of Women's Rights

    Directory of Open Access Journals (Sweden)

    Jana Maftei

    2015-05-01

    Full Text Available Human rights and their protection represent the regulation object of a major part of all the legal rules encompassing the international public law. The Members’ efforts to protect women's rights and to promote gender equality have resulted in the adoption of important documents, fundamental to all mankind. In the light of these international regulations, States have assumed obligations and they have created mechanisms to achieve them. Through the analytical approach we have highlighted the activities of the United Nations and international bodies for protecting women's rights and gender equality in all sectors of public and private life. In preparing this article we used as research methods the analysis of problems generated by the subject in question with reference to the doctrinal views expressed in the Treaties and specialized articles, documentary research, interpretation of legal norms in the field.

  8. Linking Environmental Protection and Poverty Reduction in Africa: An Analysis of the Regional Legal Responses to Environmental Protection

    Directory of Open Access Journals (Sweden)

    Emeka Polycarp Amechi

    2010-09-01

    Full Text Available Poverty has been identified as the main cause and consequence of environmental degradation in Africa . It follows that if poverty is the main cause of environmental degradation in Africa , then policies, programmes and legal provisions designed to protect the environment in the region will be unsuccessful without a significant improvement in the living standards, wellbeing and livelihoods of the poor. In the same breath, since poverty is a consequence of environmental degradation, then the protection of the environment is critical to the achievement of poverty reduction initiatives such as the Millennium Development Goals in Africa . Hence, it can be argued that there is a mutual relationship between the achievement of environmental protection and reduction of poverty in Africa . This article therefore examines the extent to which the various regional legal instruments for the protection of the environment in Africa recognise this mutual linkage by providing for the promotion of poverty reduction and socio-economic development as integral aspect of their objective of ensuring the protection of the environment in the region.

  9. Reasons for omission of enforcement of an administrative judge's verdict and means of legal protection

    Directory of Open Access Journals (Sweden)

    Alen Rajko

    2015-01-01

    Full Text Available Besides general repercussions of an omission of enforcement of court decisions on the protection of the rights of the parties and on the functioning of the legal system, such an omission in the administrative dispute has additional implications, related primarily to the realization of the constitutional guarantee of judicial review of administrative decisions, the concept of separation of powers, construction of a democratic state, etc. After general considerations of the matter of enforcement of court decisions, the author analyzes the normative framework of the enforcement of judgments of the administrative courts, as well as the evolution of this framework, points out the open questions regarding mentioned regulation, as well as the means of legal protection in case of an omission of enforcement of the verdict.

  10. 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...

  11. [The contribution of legal medicine in child protection: Presentation of a multidisciplinary approach].

    Science.gov (United States)

    Hiquet, J; Christin, E; Dubourg, O; Fougas, J; Baup, C; Brunet, G; Millington, J; Grosleron, N; Gromb-Monnoyeur, S

    2016-12-01

    Maltreatment is a complex issue and therefore, requires a multidisciplinary approach, which has been commonly used in North America since the 1980s but remains unsystematic in France. Since 1999, the Centre d'Accueil en Urgence des Victimes d'Agression (emergency unit for victims of assault) of the Bordeaux University Hospital has brought together various medical, paramedical, and social actors on this issue. A standardized psychosocial assessment procedure has been introduced and is detailed in this paper, and was consistently conducted in all cases of suspicion of abuse on a minor. The authors studied 74 cases of minors having undergone a psychosocial assessment following suspicions of maltreatment between 1 July 2014 and 30 June 2015 that were not referred to the courts. Forty-five girls and 29 boys, mean age 7 years, claiming mainly (75 %) to have been subjected to sexual violence, were addressed to us by internal partners (n=15) and external partners (n=37) and 22 who came to our unit by self-referral. Following our assessment, 35 returned to their home and 36 went to court following a police complaint (n=17) and a report filed to the public prosecutor of the Republic (n=19). Three of these cases were subjected to a report on matters of concern sent to the departmental council. Given the absence of a national consensus on the methodology used for assessing suspicions of maltreatment on minors, our psychosocial assessment can facilitate the task with its peer review as well as the detection and judicialization of the maltreatment. The authors also highlight the recent modification of article 226-14 of the Penal Code, which aims at protecting professionals reporting matters to legal authorities from any legal proceeding, except if it is established that the individual did not act in good faith. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  12. Data Protection in Financial Technology Services (A Study in Indonesian Legal Perspective

    Directory of Open Access Journals (Sweden)

    Dian Purnama Anugerah

    2018-01-01

    Full Text Available The banking sector is facing a new competitor, namely Financial Technology (Fin-tech. Fin-tech itself can be described as an industry composed of companies using a new tech-nology and innovation with available resources in order to compete in the marketplace of tradi-tional financial institutions and intermediaries in the delivery of financial services. In Indonesia, Fin-tech has been widely developed since the past 3 years. Fin-tech faces a new challenge as a new service for financial consumer which adapts to new ways of living in modern digital tech-nology era. Basically, Fin-tech offers three main categories such as payment, personal finance, and financing. In financing application there are peer to peer financing, social crowd funding, and loan marketplace. All of these kinds of application have some issues in legal framework and data protection due to the use of communication technologies such as internet, social networks, Smartphone, massive use of data with the Big Data, connected objects, etc. The use of big data and those new technologies create new opportunities for these sectors, and this development also raises significant data protection concerns. This paper discusses two legal issues of Fin-tech, the legal aspect, and the data protection.

  13. 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...

  14. 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

  15. 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.

  16. 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

  17. 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.

  18. LEGAL SIGNIFICANCE AND PROTECTION OF POSSESSION IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Vojo Belovski

    2015-04-01

    Full Text Available In this paper it will be discussed the legal significance and protection of possession in the Republic of Macedonia. Below it will be listed the kinds of possession, and finally the rules for possession termination will be explained. The possession is an indicator that the person who rules one item is also a right holder of that item. The possession itself occurs in two types specially authorized by a law and pure factual power behind which stands no right. The possession enjoys legal protection. Below in the paper it is processed the judicial protection of the possession which is given based on complaint for disturbance of possession and action to recover the possession. The important thing at the judicial protection is that the rulers’ protection is given to the last actual possession of the item, but it is not disputed the right of possession. Further in this paper it is included the protection of indirect possession where a complaint can be made by the indirect holder of the item, the judicial protection of possessory, possession protection of the heirs and permitted self – help for unauthorized harassment and revoking of the possession. With respect to the termination of the actual power of the item, listed and processed are the ways when the item failed, when the item was lost, when it is obvious that it won’t be returned, when the ruler had freely left it and when the item is not taken from him and the ruler hasn’t realized the right to possession.

  19. [Legal development of consumer protection from the Federal Office of Consumer Protection and Food Safety standpoint].

    Science.gov (United States)

    Püster, M

    2010-06-01

    Ten years after publication of the White Paper on Food Safety, health consumer protection has made significant progress and, today, is a key field in politics at both the European and German levels. In addition to the protection of health and security of consumers, consumer information has become a core element of consumer protection for the Federal Office of Consumer Protection and Food Safety (Bundesamt für Verbraucherschutz and Lebensmittelsicherheit, BVL). State authorities are provided with new means of communication and interaction with consumers.

  20. Climate protection after Copenhagen. International instruments and national implementation. Proceedings; Klimaschutz nach Kopenhagen. Internationale Instrumente und nationale Umsetzung. Tagungsband

    Energy Technology Data Exchange (ETDEWEB)

    Gundel, Joerg; Lange, Knut Werner (eds.)

    2011-07-01

    The publication contains the results of the First Bayreuth Energy Law Days on the subject of 'Climate Protection after Copenhagen'. Following the UN climate conference of December 2009, it presents the current state of discussion of the legal instruments of climate protection on an international, European and national level. (orig./RHM)

  1. 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...

  2. 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

  3. 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.…

  4. 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

  5. International Society of Radiology and Radiation Protection

    International Nuclear Information System (INIS)

    Standertskjoeld-Nordenstam, C.G.

    2001-01-01

    The purpose of the International Society of Radiology (ISR), as being the global organization of radiologists, is to promote and help co-ordinate the progress of radiology throughout the world. In this capacity and as a co-operating organization of the IAEA, the ISR has a specific responsibility in the global radiological protection of patients. Globally, there are many users of medical radiation, and radiology may be practised in the most awkward circumstances. The individuals performing X ray studies as well as those interpreting them may be well trained, as in industrialized parts of the world, but also less knowledgeable, as in developing areas. The problems of radiological protection, both of patients and of radiation workers, still exist, and radiation equipment is largely diffused throughout the world. That is why a conference like this is today as important as ever. Radiation protection is achieved through education, on the one hand, and legislation, on the other. Legislation and regulation are the instruments of national authorities. The means of the ISR are education and information. Good radiological practice is something that can be taught. The ISR is doing this mainly through the biannual International Congress of Radiology (ICR), now arranged in an area of radiological need; the three previous ICRs were in China, in India and in South America; the next one is going to be in Mexico in 2002. The goal of the ICR is mainly to be an instructive and educational event, especially designed for the needs of its surrounding region. The ISR is aiming at producing educational material. The International Commission on Radiological Education (ICRE), as part of the ISR, is launching the production of a series of educational booklets, which also include radiation protection. The ICRE is actively involved in shaping and organizing the educational and scientific programme of the ICRs

  6. Traditional Knowledge and Patent Protection: Conflicting Views On International Patent Standards

    Directory of Open Access Journals (Sweden)

    A Andrzejewski

    2010-12-01

    Full Text Available As diseases continue to spread around the globe, pharmaceutical and biotech companies continue to search for new and better drugs to treat them. Most of these companies have realised that useful compounds for these purposes may be found in the natural resources that indigenous and local communities use. And yet, even though the importance of these biological resources to global health and economic livelihood is well recognised, the legal ownership and control of this traditional knowledge is still very controversial. This article undertakes a comparative analysis of American and European, as well as international legal regulations on patent law and traditional knowledge. Key questions include: What is traditional knowledge? How have the national patent laws of these countries treated the protection of plant variety and plant genetic resources? What are the existing international standards for patents, and what implications do they have for protecting traditional knowledge? And finally, what protection systems are emerging for the future?

  7. 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...

  8. [Legislative and legal security of supervisory activities in the sphere of protection of consumers' rights and human well-being].

    Science.gov (United States)

    Rumiantsev, G I; Kutsenko, G I; Polesskiĭ, V A

    2007-01-01

    Sanitary legislation plays an important role in supervisory activities ensuring the protection of consumers' rights and human well-being. The paper considers the basic laws and standard acts allowing for legal regulation in this sphere of activities.

  9. International and European law on protected areas and climate change: need for adaptation or implementation?

    Science.gov (United States)

    Cliquet, A

    2014-10-01

    The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

  10. Consideration on the legal founding of the principle of optimisation for radiation protection

    International Nuclear Information System (INIS)

    Grenery-Boehler, M.C.; Lochard, J.

    1992-01-01

    As a general rule, the different branches of the legal profession have a tendency to rationalize and stabilize social or economic practices and to be inclined towards concepts or practices belonging to the field of the definite. With respect to the principle of optimization for radiological protection, conventional legal procedures in administrative law do not entirely over the problems raised by its implementation; from the obligation to provide a service, generally required by the public administration, it would appear we have to change to a guarantee of actors' behaviour, hence the difficulty in legally qualifying the principle of optimization. As for the law of authority, privilege and control, in the case of optimization the public administration must basically trust nuclear plant operators by drawing up a 'standard objective' other than a 'standard rule'. Does not the future of legal sciences lie in developing administrative law for the field of the indefinite, thereby forcing public administration to recognize that even in the field of the definite, it is not always infallible. If our conventional administrative law is a law of authority and control, administrative law for the field of the indefinite must be one of common efforts within a context of community actions requiring trust, agreement and guaranteed behaviour, falling under a judge's control whenever there is obvious contradiction between acts and the promised behaviour. Under the French law, optimization has remained a general principle with no corresponding concrete provisions for its implementation. The purpose of this paper is to explore on which legal bases the optimization principle could be applied practically without betraying its actual spirit

  11. Nuclear industry and legal security - some remarks on the restrictive effects on legal protection and participation of the public in the nuclear system

    International Nuclear Information System (INIS)

    Baumann, W.

    1989-01-01

    The state is on dangerous ground with the development that can be observed in the legal field, allowing legal protection against large-scale technology and projects, particularly in the nuclear sector, to be gradually cut back. This impression is shown to be true first of all in relation to legislation which reduced legal protection through the instrument of judicial review, for protection of life and health from technological hazards, to the functions of a trial court, and this for reasons of opportunistic and short-term political interests. Decisions of the Federal Administrative Court in nuclear law matters have been neglecting the principle of legal protection to an extent that the legitimation quality of decisions in this field of law has been diminishing more than can be expected at first sight, looking at the restrictions. The public has come to realise that the courts content themselves with reviewing only a small part of the case and close their eyes to the concerns of the public, which in turn loses trust in the sincerity of judicial proceedings and the correctness of court decisions. The citizen will turn to other ways and means in order to come into his own. This is a dangerous development in a constitutional state, and must be prevented. (orig./HSCH) [de

  12. Occupational exposures worldwide and revision of international standards for protection

    International Nuclear Information System (INIS)

    Czarwinski, R.; Crick, M. J.

    2011-01-01

    United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR) has become the world authority on the levels and effects of ionising radiation. Since 1975, UNSCEAR has evaluated inter alia the level of occupational exposure worldwide. Based on revised questionnaires, more detailed information is now available. The results of the last evaluation (1995-2002) will be shown in the paper. Lessons learned from the responses by UN Member States will be given, as well as an outline of plans for data collection in future cycles. The requirements for protection against exposure to ionising radiation of workers, the public and patients are established in the International Basic Safety Standards for Protection against Ionising Radiation and for the Safety of Radiation Sources (BSS), published in 1996. As a result of a review of the BSS in 2006, the International Atomic Energy Agency (IAEA) started a process for the revision of these standards in 2007. International organisations including the joint sponsoring organisations of the BSS-IAEA, FAO, ILO, OECD/NEA, PAHO and WHO-as well as potential new joint sponsoring organisations of the revised BSS-the European Commission and UNEP-were involved from the beginning in the revision process. The paper also provides a summary of the status of the Draft Revised BSS and describes the new format. The paper focuses, in particular, on requirements for the protection of workers as well as record keeping requirements, which provide the legal basis for the collection of specific data; these data are of the type that can be used by UNSCEAR. (authors)

  13. Vulnerabilidad en Mujeres Prostituidas: Medidas de Protección Legal (Psychological Vulnerability on Prostituted Women: Legal Protection Measures

    Directory of Open Access Journals (Sweden)

    Andrea Gutiérrez García

    2015-06-01

    Full Text Available Gender-based violence has moved from being understood as a private matter to social problem. This manifestation of discrimination, inequality and power of men over women in the context of relationships is condemn in our country by the Law on Integral Protection Measures against Gender Violence 1/2004 of December 28.However, prostitution which has its foundations in the same patriarchal structure has no specific legislation that highlights this fact and condemns it. In our paper, taking as an example the Organic Law 1/2004, we developed a proposal justified on the actions that should be carried out at this respect. We mainly focus on three issues: equal education; discourage demand and protection and assistance to victims. We also bear in mind the need of social intolerance and legal condemnation in relation to the people who get benefits from the exploitation of others. La violencia de género ha pasado de ser considerada un asunto privado a entenderse como un problema social. Esta manifestación de discriminación, desigualdad y poder de los hombres sobre las mujeres en el marco de las relaciones de pareja es condenada en nuestro país por la Ley Orgánica de Medidas de Protección Integral contra la Violencia de Género 1/2004 de 28 de diciembre.Sin embargo, la prostitución, que hunde sus cimientos en la misma estructura patriarcal en la que se asienta la violencia de género, carece de una legislación específica que ponga de manifiesto esta relación y la condene. En este trabajo tomando como ejemplo la Ley Orgánica 1/2004 de medidas de protección integral contra la violencia de género, elaboramos una propuesta justificada sobre las actuaciones que deberían abordarse al hacer frente a esta problemática. Nos centramos principalmente en tres cuestiones que consideramos básicas: educación en igualdad; desincentivación de la demanda; protección y ayuda a las víctimas. Además, resulta imprescindible la construcción de entorno

  14. Physical protection of nuclear power plants-technical and legal aspects

    International Nuclear Information System (INIS)

    Castro Martins, O.J. de.

    1978-04-01

    The nuclear power plants are defined according to the definitions included in the Brazilian legislation and international conventions and their physical protection is analysed. Besides, the differences and the relations among nuclear security, safeguards and physical protection are established. (A.L.) [pt

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

    Science.gov (United States)

    van der Molen, I N; Commers, M J

    2013-11-01

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

  16. 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

  17. 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

  18. 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.

  19. International Physical Protection Advisory Service (IPPAS) Guidelines

    International Nuclear Information System (INIS)

    2014-01-01

    The International Physical Protection Advisory Service (IPPAS) was established by the IAEA in 1995 and is a fundamental part of the IAEA’s efforts to assist States, upon request, to establish and maintain an effective national nuclear security regime to protect against the unauthorized removal of nuclear and other radioactive material, and against the sabotage of nuclear and other associated facilities, as well as material during transport, while recognizing that the ultimate responsibility for physical protection lies with the State. IPPAS provides peer review on implementing relevant international instruments, in particular the Convention on the Physical Protection of Nuclear Material (CPPNM), together with the 2005 Amendment, and on implementing the IAEA Nuclear Security Series of guidance publications, in particular Fundamentals and Recommendations. IPPAS missions compare (insofar as this is possible) the procedures and practices employed by a State with the obligations specified under the CPPNM and the 2005 Amendment, as well as with the existing international consensus guidelines provided in relevant IAEA Nuclear Security Series publications. Since 1996, 63 IPPAS missions have been conducted in 40 countries, including 15 follow-up missions, as well as the recent mission to the IAEA Office of Safeguards Analytical Services laboratories, in Seibersdorf. More than 140 experts from 34 Member States have participated in the conduct of IPPAS missions as IPPAS team members or team leaders. The updated IPPAS guidelines reflect a modular approach to make them more flexible and responsive to the needs of States. The modular approach is an innovation of great value, ensuring the degree of flexibility required to fit individual national contexts, practices and objectives as expressed by the requesting States. In particular, it also offers States the opportunity to expand the scope of a requested IPPAS mission to embrace its nuclear security regime for the protection of

  20. Recommendations of International Commission of Radiation Protection 1990

    International Nuclear Information System (INIS)

    1995-01-01

    The book summarizes the recommendations on radiation protection of International of Radiation Protection. The main chapters are: 1.- Rates in radiation protection 2.- Biological aspects of radiation protection 3.- Framework of radiation protection. 4.- System of protection. 5.- Implantation of commission's recommendations. 6.- Summary of recommendations

  1. The international safeguards system and physical protection

    International Nuclear Information System (INIS)

    Canty, M.J.; Lauppe, W.D.; Richter, B.; Stein, G.

    1990-02-01

    The report summarizes and explains facts and aspects of the IAEA safeguards performed within the framework of the Non-Proliferation Treaty, and shows perspectives to be discussed by the NPT Review Conferences in 1990 and 1995. The technical background of potential misuse of nuclear materials for military purposes is explained in connection with the physical protection regime of the international safeguards, referring to recent developments for improvement of technical measures for material containment and surveillance. Most attention is given to the peaceful uses of nuclear energy and their surveillance by the IAEA safeguards, including such new technologies and applications as controlled nuclear fusion, laser techniques for uranium enrichment, and particle accelerators. The report's concluding analyses of the current situation show potentials for improvement and desirable or necessary consequences to be drawn for the international safeguards system, also taking into account recent discussions on the parliamentary level. (orig./HP) [de

  2. Legal and criminal law protection of children from sexual violence: Proposals de Lege Ferenda

    Directory of Open Access Journals (Sweden)

    Petković Nikola

    2012-01-01

    Full Text Available The legal and criminal law protection of children from sexual violence is a major element of the combat against this complex form of crime. Well-designed laws, consistency in their implementation, evaluation of effects and effectiveness of the measures envisaged by the laws are only some steps that must be made if the positive results are expected in opposing any crime, and therefore to sexual violence. Moreover, if we consider the consequences of attempted and/or committed sexual violence for the victim, which, if they reach the public evoke strong reaction, it is clear why the parts of the relevant legislation that regulate this matter are worthy of special attention to scientific and professional public. However, the mission of finding a fair legislative solution is not simple. In this sense, the United States of America have the richest experience, and we shall just try to point out the importance and complexity of the regulation of criminal law protection of children from sexual violence through critical analysis of their proposals and already adopted solutions, as well as through analysis of certain elements of domestic legislation. The aim of this study is review and critical analysis of selected proposals and existing solutions in the sphere of legal and criminal law protection of children from sexual violence: the U.S. law that regulates formation of the registry of sex offenders which is available to the public ('Megan's law', legal solutions that provide chemical castration of 'pedophiles', as well as those related to the question of establishing the age limit that determines possibility of entering into consensual sexual relations with a minor.

  3. Legal instruments of the protection from waters (floods and droughts and of the protection of waters

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2013-01-01

    Full Text Available In this paper the author analyzes the Serbian law, the laws of several European countries (Germany, France, Austria, Hungary and Croatia and European Union rules in respect of the protection from harmful effects of waters, such as floods, erosion, torrents, icing on the surface of waters, just as well as the rules on diverting of water from a territory where it is in surplus, on the one hand, or directing it from the territory where it is in surplus to the one with water shortage (amelioration, on the other. The subject of analysis is the instruments of water management in the function of protection from high-water, too, such as the long and short term planning of protection from floods, measures necessary to prevent them and elimination of their effects. The maintenance of required water regime is also considered as an instrument of protection from high-water, especially the construction and upkeep of facilities for protection from floods. Facilities for utilization of water resources, such as roads and bridges, should be constructed in accordance with environmental permits, at the level well above the high water level measured in a longer period of time.

  4. LEGAL PROTECTION FOR CUSTOMER SEGREGATED ACCOUNT OWNER FROM LOSS DUE TO THE BANKCRUPTY OF FUTURES BROKERAGE FIRM

    Directory of Open Access Journals (Sweden)

    Yessy Meryantika Sari

    2016-05-01

    Full Text Available Commodity futures trading is a business activity that is complex and involves many parties including Client Segregated Account and Brokerage Company. This business promises huge benefits but ba-lanced with a high risk of loss. Therefore, a potential event of bankruptcy. Customer as the owner of the funds which mandated funds to the brokerage company to be managed for purposes of the transaction, should get legal protection from potential losses due to bankruptcy of futures brokerage firm. The spirit of the law in protection for customers is reflected in the preamble of le-gal norms futures trading as further elaborated in the general legal provisions stipulated in the Fu-tures Trading Act. Keywords : Legal Protection, Customer Segregated Account Owner, Broker, Bankruptcy Law

  5. ASSERTING AND DEVELOPING THE IDEA OF LEGAL OBLIGATION, FOR ENSURING AND PROTECTING THE HUMAN RIGHTS

    Directory of Open Access Journals (Sweden)

    Marilena MARIN

    2014-11-01

    Full Text Available Various studies have been written about human rights and freedoms. Addressing this issue appears to be within everyone’s reach and everyone seems to be good at launching discussions about human rights and freedoms. When we are given the opportunity of collecting information about these concepts or of expressing a point of view, we should first refer to the concept itself, as researched by scholars, and then see how these studies can be found in practice, in everyday life. Otherwise, purely theoretical studies and Abstract: analyzes do not have any sense; do not produce any effect, facts which would render them useless. In this paper we aim at analyzing the concepts of legal obligation, of ensuring and protecting the human rights, viewed as a whole, as a unit, just as an idea is perceived. Thus, we are going to place human rights and freedoms in relation to legal normativity, to theory and their legal regulation on the one hand, and, on the other hand, we are going to focus on the materialization and implementation of these concepts, particularly within the national borders, but also in the European Union.

  6. Radiation protection - Monitoring of workers occupationally exposed to a risk of internal contamination with radioactive material

    International Nuclear Information System (INIS)

    2006-01-01

    In the course of employment, individuals might work with radioactive materials that, under certain circumstances, could be taken into the body. Protecting workers against risks of incorporated radionuclides requires the monitoring of potential intakes and/or the quantification of actual intakes and exposures. The selection of measures and programmes for this purpose requires decisions concerning methods, techniques, frequencies etc. for measurements and dose assessment. The criteria permitting the evaluation of the necessity of such a monitoring programme or for the selection of methods and frequencies of monitoring usually depend upon the legislation, the purpose of the radiation protection programme, the probabilities of potential radionuclide intakes, and the characteristics of the materials handled. This International Standard offers guidance for the decision whether a monitoring programme is required and how it should be designed. Its intention is to optimise the efforts for such a monitoring programme consistent with legal requirements and with the purpose of the radiation protection programme. Recommendations of international expert bodies and international experience with the practical application of these recommendations in radiation protection programmes have been considered in the development of this International Standard. Its application facilitates the exchanges of information between authorities, supervisory institutions and employers. The International Standard is not a substitute for legal requirements. In the International Standard, the word 'shall' is used to denote a requirement and no deviation is allowed. The word 'should' is used to denote a recommendation from which justified deviations are allowed. The word 'may' is used to denote permission

  7. 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

  8. An Investigation on Legal Protection for Women Victims of Climate Change; Studying African Regional Documents

    Directory of Open Access Journals (Sweden)

    Nasrin Mosaffa

    2016-04-01

    Full Text Available In recent decades, paying attention to the subject of Climate Change and its destructive effects on different countries around the world have caused regular activities as holding international conferences, and ratifying some international documents. Developing and non-developed countries have less facilities and infrastructures to protect themselves from climate change effects and are more vulnerable. Moreover, African countries due to their climate conditions are the most vulnerable. Even more, they have the main population of climate refugees. Although an increasing effort in Africa has resulted in more legal protection for victims of climate change especially women as the most volunrable people, and has been appeared in many regional treaties, but inconsistency and denial of responsibilities from developing countries have caused serious challenges for long term legal-protection of environmental refugees and displacements, especially women and children who are the most vulnerable of climate change victims. Since a sufficient protection of these people requires a common concern and responsibility between states, referring to the "common but different responsibility" principle is one of the most important legal pillar for burden sharing of the massive climate – change movements. تأثیرات تغییرات اقلیم در دهه‌های گذشته بسیار بزرگ بوده و توجه به این پدیده موجب انجام اقدامات معمول بین‌المللی از قبیل برگزاری کنفرانس، تشکیل نهادهـا و تنظیم اسناد گردیده است. در ایـن بین، کشورهای کمتر توسعه‌یافته از امکانات کمتری برای مقابله با این تغییرات برخوردار و در نتیجه آسیب پذیر‌ترند. منطقه آفریقا با توجه به شرایط اقلیمی خاص خود بیشترین آسیب را متحمل شده و هم

  9. Protected health information on social networking sites: ethical and legal considerations.

    Science.gov (United States)

    Thompson, Lindsay A; Black, Erik; Duff, W Patrick; Paradise Black, Nicole; Saliba, Heidi; Dawson, Kara

    2011-01-19

    Social networking site use is increasingly common among emerging medical professionals, with medical schools even reporting disciplinary student expulsion. Medical professionals who use social networking sites have unique responsibilities since their postings could violate patient privacy. However, it is unknown whether students and residents portray protected health information and under what circumstances or contexts. The objective of our study was to document and describe online portrayals of potential patient privacy violations in the Facebook profiles of medical students and residents. A multidisciplinary team performed two cross-sectional analyses at the University of Florida in 2007 and 2009 of all medical students and residents to see who had Facebook profiles. For each identified profile, we manually scanned the entire profile for any textual or photographic representations of protected health information, such as portrayals of people, names, dates, or descriptions of procedures. Almost half of all eligible students and residents had Facebook profiles (49.8%, or n=1023 out of 2053). There were 12 instances of potential patient violations, in which students and residents posted photographs of care they provided to individuals. No resident or student posted any identifiable patient information or likeness in text form. Each instance occurred in developing countries on apparent medical mission trips. These portrayals increased over time (1 in the 2007 cohort; 11 in 2009; P = .03). Medical students were more likely to have these potential violations on their profiles than residents (11 vs 1, P = .04), and there was no difference by gender. Photographs included trainees interacting with identifiable patients, all children, or performing medical examinations or procedures such as vaccinations of children. While students and residents in this study are posting photographs that are potentially violations of patient privacy, they only seem to make this lapse in the

  10. Protected Health Information on Social Networking Sites: Ethical and Legal Considerations

    Science.gov (United States)

    2011-01-01

    Background Social networking site use is increasingly common among emerging medical professionals, with medical schools even reporting disciplinary student expulsion. Medical professionals who use social networking sites have unique responsibilities since their postings could violate patient privacy. However, it is unknown whether students and residents portray protected health information and under what circumstances or contexts. Objective The objective of our study was to document and describe online portrayals of potential patient privacy violations in the Facebook profiles of medical students and residents. Methods A multidisciplinary team performed two cross-sectional analyses at the University of Florida in 2007 and 2009 of all medical students and residents to see who had Facebook profiles. For each identified profile, we manually scanned the entire profile for any textual or photographic representations of protected health information, such as portrayals of people, names, dates, or descriptions of procedures. Results Almost half of all eligible students and residents had Facebook profiles (49.8%, or n=1023 out of 2053). There were 12 instances of potential patient violations, in which students and residents posted photographs of care they provided to individuals. No resident or student posted any identifiable patient information or likeness in text form. Each instance occurred in developing countries on apparent medical mission trips. These portrayals increased over time (1 in the 2007 cohort; 11 in 2009; P = .03). Medical students were more likely to have these potential violations on their profiles than residents (11 vs 1, P = .04), and there was no difference by gender. Photographs included trainees interacting with identifiable patients, all children, or performing medical examinations or procedures such as vaccinations of children. Conclusions While students and residents in this study are posting photographs that are potentially violations of patient

  11. Awareness about medico legal aspects and Consumer Protection Act among dentists.

    Science.gov (United States)

    Radhika, T; Nadeem, J; Arthi, R; Nithya, S

    2017-07-01

    The practice of medicine in India has undergone considerable change affecting delivery of health in both positive and negative directions. As a result, there was a growing feeling that medical treatment should be made accountable and this led to doctors and dentists becoming subject to the process of law. Patients have become more aware of their right to compensation and as a consequence doctors and dentists should be knowledgeable about the laws that govern them. To assess the awareness about Medico legal aspects and Consumer Protection Act [CPA] among Dental professionals. A self-structured validated questionnaire comprising of 20 questions related to medico legal aspects and CPA was designed. A total of 450 dental professionals were surveyed from 4 prime dental institutions in Chennai, India. Of the 450 professionals that were surveyed 150 were MDS faculty, 150 were BDS faculty and 150 were PG students. The data was subjected to SPSS, version 16 and statistically analysed using Chi square test and Fisher's exact test. A- p value less than 0.05 was considered to be statistically significant. BDS faculty, MDS faculty and PG students were found to possess similar level of understanding and there was no significant difference between the groups. Knowledge was found to be equal between male and female dentists. The young practitioners were found to be more informed about CPA than the senior practitioners. It was found that most of the participants were aware of relevant Medico legal aspects, but were less aware of CPA. This study emphasises the need for education relevant to Medico legal aspects and CPA for dental professionals.

  12. 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.

  13. Radiological protection of patients: conceptual framework and new international recommendations

    International Nuclear Information System (INIS)

    Gisone, Pablo A.; Perez, Maria del R.

    2005-01-01

    Medical exposures represent the largest man-made source of radiation exposure. Within the concept medical exposures includes different kind of exposure: of patients as part of their own medical diagnosis or treatment; of individuals as part of occupational health surveillance; of individuals as part of health screening programs; of volunteers participating in biomedical research programs; of individuals as part of medico-legal procedures and of voluntary patient caregivers (relatives or friends). Radiological protection of patients (RPP) is founded on two basic principles: justification and optimization. The justification of a medical exposure is founded in the consideration that it will give a sufficient net benefit, including the direct health benefits to the patients and the potential benefits to society, against the individual detriment that the exposure might cause, taking into account the efficacy, benefits and risks of available alternative techniques having the same objective but involving no or less exposure to ionizing radiation. Concerning optimization in diagnosis, the radiological protection objective is to keep doses as low as reasonably achievable while obtaining the necessary diagnostic information. In therapy, the objective is to ensure that the target tissue is given the prescribed dose while minimizing the dose to surrounding healthy tissue. In this presentation we analyze new international recommendations concerning RPP, with emphasis in the Directive 97/43/EURATOM. The importance of referral guidelines to help physicians during the process of justification and use of diagnostic reference levels (to help in optimization) is discussed. (author)

  14. Radiation protection: Scientific fundamentals, legal regulations, practical applications. Compendium. 8. ed.

    International Nuclear Information System (INIS)

    Buchert, G.; Czarwinski, R.; Martini, E.; Ruehle, H.; Wust, P.

    2003-01-01

    In 2003, radiation effects and radiation risks were again a central issue, with new biokinetic and dosimetric models. Preliminary experience with new legal regulations on radiation protection was a central issue. Dosimetry and radiation protection metrology were gone into, as was radiation exposure in medicine, engineering, and the environment. New diagnostic methods in medicine were presented, and radiation exposures resulting from some of these techniques were analyzed. Industrial applications of ionising radiation and technical radiography were presented. Nuclear engineering was covered as well, e.g. how to maintain the current know-how after the agreed nuclear phase-out, the transport of spent fuel elements, and the safety of nuclear power stations in eastern Europe. As in the years before, detection limits in radiation measurement, calculations of radiation exposure, incidents in nuclear facilities, and radiation exposure assessment after safety-relevant incidents were among the issues discussed. (orig.)

  15. Legal analysis of systemic investment protection regulation in the European Union’s financial sector

    Directory of Open Access Journals (Sweden)

    Bocs L.

    2018-01-01

    Full Text Available After the Treaty of Lisbon the European Union has an exclusive and uniform competence regarding investment agreements within its common commercial policy. Yet the political events in 2016 showed that there are still many regional differences politically and economically, especially after the so-called Brexit and negotiations with the United States of America in relation to transatlantic trade and investment. Therefore, the aim of the research is to determine the legal framework and related problems for unified investment protection within the European Union. Using descriptive, logical and deductive methodology the paper establishes a juristic base consensus for trade and investment policies, concludes that so far those policies have been systemically neglected due to regional differences in economic development and accordingly suggests to unify and protect the common investment policies by using already existing regional judicial mechanisms of member states within a unified code of conduct.

  16. Children employed in the performing arts, advertising and fashion industry: what legal protection do they have?

    Science.gov (United States)

    Clin, Bénédicte; Ferrant, Ophélie; Marquignon, Marie-France; Letourneux, Marc

    2009-09-01

    Ill-treatment can sometimes take on an unfamiliar face. Particularly, this is the case for certain types of child employment. In France, as in most European countries, there are laws for protecting children and guaranteeing their right to schooling. Over and above the frequently observed apprenticeship contracts, obtained by eligible under 16 years, there is also the dispensatory case of children employed in the performing arts, advertising and the fashion industry. In France, legislators take the child's vulnerability into account when developing legislative and regulatory mechanisms, concerning the modalities of his/her professional activity, particularly in artistic fields and in fashion modelling. Since both may employ very young children, or even infants, one essential question ought to be raised: from a legal point of view, are these children sufficiently protected, with regard to the potential physical and psychological consequences of their particular professional activities?

  17. Legal problems in the concretisation of the fundamental requirements on radiation protection. 2. paper

    International Nuclear Information System (INIS)

    Schattke, H.

    1980-01-01

    In contrast to justice administered by the Higher Administrative Court of Lueneburg, the author is of the opinion that the individual third party complaing within the framework of the rule to minimize radiation exposure laid down in the Radiation Protection Ordinance cannot refer to risks the population might be exposed to. This is the imperative consequence of the legal system which protects the individual. The fact that - contrary to the position held by the Higher Administrative Court of Lueneburg - Sections 45 and 46 of the Radiation Protection Ordinance include emissions caused by accidents is demonstrated by giving a word-for-word, systematical and teleological interpretation, using painstaking methods. The same goes for the importance of accident doses planned in Sect. 28 of the Radiation Protection Ordinance. To the extent to which it examines the import the basis of authorization would have for a radioecological ordinance, this contribution helps to understand the principles that govern radiation protection and the importance they have for licensing procedures under the Atomic Energy Law in general. (HP) [de

  18. 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

  19. 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...

  20. The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    MSc. Albana Metaj-Stojanova

    2017-06-01

    Full Text Available The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR. The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

  1. 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

  2. Led Up the Tribunal Path? Employment Disputes, Legal Consciousness and Trust in the Protection of Law

    Directory of Open Access Journals (Sweden)

    Eleanor Joanne Kirk

    2017-12-01

    Full Text Available This article explores legal consciousness through a consideration of the trust that workers extend to employment law to protect them, and how they react when their expectations are frustrated, tracing evolving legal dispositions and reflections upon the boundaries of legality. Clients of Citizens Advice Bureaux were case-tracked as they attempted to resolve work-related disputes. Generally participants trusted employment law to be there for them, rarely anticipating the limits and conditionality of various rights, or the considerable difficulties that can accompany their enforcement. Frustrated expectations were met with varying degrees of acceptance and fatalism, with the redirection of grievances towards collectivised dissent or activism being exceptionally rare. People tend to engage with employment law in ways that legitimate institutions and reaffirm a system that, for a variety of reasons, offers weak protection and enforcement. Este artículo explora la conciencia jurídica, y, para ello, toma en consideración la confianza que depositan los trabajadores en que la legislación laboral los proteja, y cómo reaccionan cuando sus expectativas se ven frustradas, rastreando las disposiciones legales en desarrollo y sus reflejos sobre los límites de la legalidad. Se siguieron los casos de algunos clientes de las Oficinas de Asesoramiento a los Ciudadanos que intentaban solucionar conflictos laborales. En general, los participantes confiaban en que la ley del trabajo los protegiera, y rara vez preveían las limitaciones y condicionamientos de diversos derechos o las dificultades de su cumplimiento. Las expectativas frustradas generaban diversos grados de aceptación y fatalismo; la canalización de las quejas hacia la disensión colectiva o el activismo se daba de forma excepcionalmente rara. La gente tiende a comprometerse con la legislación laboral en formas que legitiman a las instituciones y que reafirman un sistema débil para ofrecer

  3. Legal and technical regulations in radiation protection and their effects on radiotherapy

    International Nuclear Information System (INIS)

    Betz, B.

    1975-01-01

    During the last few years, new regulations and guidelines in the field of radiation protection have been issued which affect radiotherapy, too. On September 1st, 1973 the X-ray Ordinance became effective; a few weeks later, new guidelines for radiation protections when using radioactive substances in the field of medicine were published. Of particular topical interest is the appendix of these new guidelines, in which the principles of technical competence in radiation protection when handling radioactive substances in the field of medicine are laid down uniformly for the FRG. Amongst these more recent regulations, there is also the direction by the Minister of the Interior to put the operation of accelerators in the field of medicine according to section 19 of the Atomic Energy Act under the supervision of the state and to employ newly issued administrative guidelines. After a short survey on the radiation protection laws in force, a selection of important stipulations within the new legal regulations and guidelines is discussed with a view to their effects on radiotherapy. (orig./LN) [de

  4. 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.

  5. Protecting posterity: the occupational physician's ethical and legal obligations to pregnant workers.

    Science.gov (United States)

    Feitshans, Ilise L

    2002-01-01

    This article describes Federal and international codes and laws that relate to protection from reproductive hazards in the workplace. Occupational health practitioners are advised to shift their approach from managing the technical aspects needed to protect individual workers to the more global approach of effecting policy and supporting enforcement in the realm of reproductive health. This broader view will not only better protect women and children but will better serve the interest of society in replacing all existing workers and perpetuating civilization for posterity.

  6. ANTI-DISCRIMINATION LAW AND COURT PRACTICE IN CROATIA-INDIVIDUAL AND ASSOCIATIONAL ANTI-DISCRIMINATION CLAIM AS (INEFFICIENT MECHANISMS FOR LEGAL PROTECTION

    Directory of Open Access Journals (Sweden)

    Paula Poretti

    2015-01-01

    Full Text Available In the paper basic legal sources of European and Croatian anti-discrimination law are presented. Special attention is given to Anti-discrimination Act from 2009 which was enacted with the aim to provide anti-discrimination legal framework as a guarantee of a high level of legal protection from different forms of discrimination in Croatian legal system. Individual and associational anti—discrimination claim as legal mechanisms for efficient legal protection are questioned. Also, along with the numeric indicators which are provided in order to illustrate practice of the courts, an overview of available inidividual and associational anti-discrimination claims through which proceedings in front of courts and other competent authorities were initiated in last few years is presented. Deficiencies in anti-discrimination law and problems of court practice in Croatia are detected. Defects which need to be eliminated in order to create preconditions for efficient legal protection from discrimination in Croatian legal system are highlighted.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-12-01

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

  8. Legal instruments and proposals for acts of the European Communities relating to the protection of the environment

    International Nuclear Information System (INIS)

    Lohse, S.

    1992-01-01

    The compilation comprises all legal instruments and proposals for legal instruments of the European Communities in the field of environmental protection which were incorporated in the EDP-aided compilation of the Federal Office for Environmental Protection, specialized field 'Juristic Environmental Issues'. It replaces the preceding compilation as of July 15, 1985, November 1, 1986, December 1, 1988 and March 1, 1991. The volume is subdivided into the sections: General information, regional development law, nature preservation law, law on water pollution control, refuse law, imission control law, atomic energy law, energy and mining law, law on dangerous materials and law on environmental health. (orig.) [de

  9. Abstracts of 20. International Symposium Radiation Protection Physics

    International Nuclear Information System (INIS)

    1988-01-01

    51 papers are presented as titles with abstracts which are processed individually for the INIS data base. They deal with general aspects of radiation protection physics, international activities in radiation protection, solid state dosimetry, models and calculation methods in radiation protection, and measuring techniques in radiation protection

  10. Сontemporary forms of protection of the constitution: comparative legal aspects

    Directory of Open Access Journals (Sweden)

    Д. П. Таран

    2015-11-01

    Full Text Available Systematic analysis of protection forms of the constitution allows to identify legal tools that can be applied in order to prevent encroachments on the constitutional values or in the commission of such an offense or to identify the real threat. Up to now there is no a single approach to understanding of protection of the constitution, its relationship with the protection, system of its forms and so on. There remain unclear regularities that have their influence on different protection forms of the constitution in foreign countries as well as the consistency and adequacy of the use of such forms in Ukraine. Recent research and publications analysis. Scientists name various forms of protection of the constitution. Approaches of scientists that give their lists differ very much. Hence there is no necessity in talking about some constant regarding this matter. Some aspects of the issue that is related to the system of protection forms of the constitution found their reflection in the works of local and foreign scientists such as Y.G. Barabash, M.V. Vitruk, I.V. Koreyba, K.O. Pavshuk, P.B. Stetsyuk, K. Hesse, T. Y. Habriyeva, V.E. Chyrkin and others. Paper objective. The objectives of the paper are: clarification of the nature of the protection of the constitution and what means or what forms and what subjects it should be implemented by; the comparison of the experience of foreign countries regarding the issue and determination of the reasons for which different countries use different protection forms of the constitutions; expression of suggestions regarding legislation improvement in regards to specific protection forms of the Constitution of Ukraine. Paper main body. Countries with established democracy traditionally use a smaller set of protection forms of the constitution and the concept of "protection of the constitution" itself is almost not applied. The opposite approach is inherent to countries emerging from totalitarian and authoritarian

  11. UNHCR and the pursuit of international protection: accountability through technology?

    DEFF Research Database (Denmark)

    Jacobsen, Katja Lindskov; Sandvik, Kristin B.

    2018-01-01

    -bureaucratic practices shape conceptions of international refugee protection. We do this by examining the evolving roles of results-based management (RBM), biometrics and cash-based interventions as ‘accountability technologies’ in the United Nations High Commissioner for Refugees’ international protection efforts...... of protection (ie the problem to be addressed), we also show what dimensions of protection get omitted in this co-production of technical solutions and socio-political problems....

  12. Large-Scale Trade in Legally Protected Marine Mollusc Shells from Java and Bali, Indonesia.

    Directory of Open Access Journals (Sweden)

    Vincent Nijman

    Full Text Available Tropical marine molluscs are traded globally. Larger species with slow life histories are under threat from over-exploitation. We report on the trade in protected marine mollusc shells in and from Java and Bali, Indonesia. Since 1987 twelve species of marine molluscs are protected under Indonesian law to shield them from overexploitation. Despite this protection they are traded openly in large volumes.We collected data on species composition, origins, volumes and prices at two large open markets (2013, collected data from wholesale traders (2013, and compiled seizure data by the Indonesian authorities (2008-2013. All twelve protected species were observed in trade. Smaller species were traded for 32,000 shells valued at USD500,000, chambered nautilus (Nautilus pompilius (>3,000 shells, USD60,000 and giant clams (Tridacna spp. (>2,000 shells, USD45,000 were traded in largest volumes. Two-thirds of this trade was destined for international markets, including in the USA and Asia-Pacific region.We demonstrated that the trade in protected marine mollusc shells in Indonesia is not controlled nor monitored, that it involves large volumes, and that networks of shell collectors, traders, middlemen and exporters span the globe. This impedes protection of these species on the ground and calls into question the effectiveness of protected species management in Indonesia; solutions are unlikely to be found only in Indonesia and must involve the cooperation of importing countries.

  13. The legal protections form emission under the aspect of section 364/2 ABGB of the Austrian Civil Law

    International Nuclear Information System (INIS)

    Woerndl, E.

    1991-05-01

    The legal protections from emissions caused by industries, car and public transportation traffic are one of the most important cases of defending real property. Due to the fact, that the mass media report international cases like 'Wackersdorf', there can be stated a general interest in the subject. Through section 364/2 of the 'Allgemeines Buergerliches Gesetzbuch' the Austrian Civil Law lifts its limits for property in consideration of emissions. The main reasons for the unsatisfying status quo must be related to the misinterpretation of imponderables as the key of emissions in section 364/2 ABGB. In fact section 364 lists a number of possible emissions, one of them considers sewage, which hardly can be declared as an imponderable one. This secures the position that all sorts of different kinds of emissions quoted in section 364/2 as far as 'others' gain civil presentation in case of infringing anybody's property. Another aspect must be referred to the influence of Public Law towards Civil Law and pollution control in particular: In Austria there exists a law (sections 47 and 56/1 Forstgesetz 1975) concerning the damage of forests (there to a great extent the interests of the state are touched because of the position as its land owner), where the legislator has no samples about determinating the terms - what the Civil Law calls 'customary in a place' to the extent of measurable damage. Due to this fact and in order to beware a homogenous legal order 'measurable damage' in general should substitute the inaccurate terms, that one has to relate to in use of section 364/2 ABGB. (author)

  14. Early national and international recommendations for X-ray and radiation protection

    International Nuclear Information System (INIS)

    Tesinska, E.

    2008-01-01

    The first three decades of pioneering work in the field of X-ray and natural radioactivity research and use took its toll all over the world because of lack of knowledge and caution. Coordinated, international cooperation in the field of X-ray and radium protection and standardization of measures was established after the World War I. The First and the Second International Congress of Radiology held in London in 1925 and in Stockholm in 1928 respectively, played a crucial role in it. Based on these congresses' initiatives and resolutions, the International X-ray Unit Committee and the International X-ray and Radium Protection Committee were established in 1828. The early recommendations on the international X-ray unit and on X-ray and radium protection, as passed by the Second International Congress of Radiology in Stockholm in 1928, are presented and compared with two related national initiatives, namely with the Memorandum No. 1 (July 1921) of the British X-ray and Radium Protection Committee, and with a draft of a legal measure regarding the X-ray and radium treatment regulation in Czechoslovakia, which was put together by the Czechoslovak Society of Radiology and the Vereinigung der deutschen Roentgenologen und Radiologen in der Tschechoslowakischen Republik in 1927 at a request of the Chamber of Doctor of Medicine for Bohemia and Moravia and in response to the international initiatives in that field. (author)

  15. THE LEGAL PROTECTION FOR A GOOD FAITH BUYER UNDER A COURT DECISION

    Directory of Open Access Journals (Sweden)

    Muhammad Faisal

    2015-10-01

    Full Text Available There are various principles given in Indonesian Civil Code (KUHPerdata and HIR/RBg in providing legal protection on good faith purchaser, but all of these principles eventually dropped their pedestal on a judge’s verdict to decide whether or not the intention of the buyer is based on a good faith purchaser. There are also many factors that can influence the decision of a judge that can lead to different conceptions of the protection provided. In addition, the rapid development of the present law requires judges to review the general principles of law and also applying existing law theories in the making of their verdict. Permasalahan perlindungan hukum pembeli beritikad baik merupakan masalah yang cukup mendasar dalam hukum kita. Terdapat berbagai prinsip yang diberikan dalam KUHPerdata maupun HIR/RBg dalam mengupayakan perlindungan hukum pembeli beritikad baik, akan tetapi upaya-upaya tersebut pada akhirnya menjatuhkan tumpuannya pada putusan hakim untuk menilai beritikad baik atau tidaknya seseorang. Di sisi lain, terdapat banyak faktor yang mempengaruhi putusan seorang hakim sehingga apabila dikaitkan dengan itikad baik, dapat menimbulkan konsepsi yang berbeda-beda terhadap perlindungan yang diberikan. Selain itu, pesatnya perkembangan hukum sekarang ini mewajibkan hakim-hakim untuk mempelajari kembali asas-asas hukum serta menerapkan teori-teori hukum yang ada dalam membuat putusannya.

  16. THE LEGAL PROTECTION FOR A GOOD FAITH BUYER UNDER A COURT DECISION

    Directory of Open Access Journals (Sweden)

    Muhammad Faisal

    2015-10-01

    Full Text Available There are various principles given in Indonesian Civil Code (KUHPerdata and HIR/RBg in providing legal protection on good faith purchaser, but all of these principles eventually dropped their pedestal on a judge’s verdict to decide whether or not the intention of the buyer is based on a good faith purchaser. There are also many factors that can influence the decision of a judge that can lead to different conceptions of the protection provided. In addition, the rapid development of the present law requires judges to review the general principles of law and also applying existing law theories in the making of their verdict.   Permasalahan perlindungan hukum pembeli beritikad baik merupakan masalah yang cukup mendasar dalam hukum kita. Terdapat berbagai prinsip yang diberikan dalam KUHPerdata maupun HIR/RBg dalam mengupayakan perlindungan hukum pembeli beritikad baik, akan tetapi upaya-upaya tersebut pada akhirnya menjatuhkan tumpuannya pada putusan hakim untuk menilai beritikad baik atau tidaknya seseorang. Di sisi lain, terdapat banyak faktor yang mempengaruhi putusan seorang hakim sehingga apabila dikaitkan dengan itikad baik, dapat menimbulkan konsepsi yang berbeda-beda terhadap perlindungan yang diberikan. Selain itu, pesatnya perkembangan hukum sekarang ini mewajibkan hakim-hakim untuk mempelajari kembali asas-asas hukum serta menerapkan teori-teori hukum yang ada dalam membuat putusannya.

  17. LEGAL PROTECTION FOR CUSTOMER SEGREGATED ACCOUNT OWNER FROM LOSS DUE TO THE BANKCRUPTY OF FUTURES BROKERAGE FIRM

    Directory of Open Access Journals (Sweden)

    Yessy Meryantika Sari

    2016-05-01

    Full Text Available Commodity futures trading is a business activity that is complex and involves many parties including Client Segregated Account and Brokerage Company. This business promises huge benefits but ba-lanced with a high risk of loss. Therefore, a potential event of bankruptcy. Customer as the owner of the funds which mandated funds to the brokerage company to be managed for purposes of the transaction, should get legal protection from potential losses due to bankruptcy of futures brokerage firm. The spirit of the law in protection for customers is reflected in the preamble of le-gal norms futures trading as further elaborated in the general legal provisions stipulated in the Fu-tures Trading Act.

  18. LEGAL PROTECTION OF AVIATION IN THE CONTEXT OF GLOBALIZATION, RISKS AND SOCIAL ENTROPY AS A SCIENTIFIC PROBLEM: APPROACHES AND SOLUTIONS

    Directory of Open Access Journals (Sweden)

    O. O. Chernaya

    2015-01-01

    Full Text Available The article considers the issue concerning the international legal problem of using armed forces to counter the threats posed by the misuse of civil aircraft, in particular, the use of civil aircraft as a weapon to kill people and destroy objects on the territory of States (the events of 11th September 2001 in the USA. It proves the need for universal international legal norms regulating the actions of States to prevent and suppress acts of the misuse of civil aircraft.

  19. Biomedical Enhancement of Warfighters and the Legal Protection of Military Medical Personnel in Armed Conflict.

    Science.gov (United States)

    Liivoja, Rain

    2017-10-24

    Under international law, military medical personnel and facilities must be respected and protected in the event of an armed conflict. This special status only applies to personnel and facilities exclusively engaged in certain enumerated medical duties, especially the treatment of the wounded and sick, and the prevention of disease. Military medical personnel have, however, been called upon to engage in the biomedical enhancement of warfighters, as exemplified by the supply of central nervous system stimulants as a fatigue countermeasure. This article argues that international law of armed conflict does not recognise human enhancement as a medical duty, and that engaging in enhancement that is harmful to the enemy results in the loss of special protection normally enjoyed by military medical personnel and units. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  20. Legal problems relating to possible conflicts between physical protection and the interests of employees

    International Nuclear Information System (INIS)

    Mueller, H.

    1981-10-01

    This paper places in a social context the physical protection measures which have become increasingly important for the operation of nuclear installations and describes the way such measures affect the rights of the personnel concerned. It reviews possible areas of conflict between safeguarding national interests (non-proliferation issues and international obligations of the Federal Republic of Germany) and the personal rights of employees. (NEA) [fr

  1. 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

  2. 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

  3. Large-Scale Trade in Legally Protected Marine Mollusc Shells from Java and Bali, Indonesia

    Science.gov (United States)

    Nijman, Vincent; Spaan, Denise; Nekaris, K. Anne-Isola

    2015-01-01

    Background Tropical marine molluscs are traded globally. Larger species with slow life histories are under threat from over-exploitation. We report on the trade in protected marine mollusc shells in and from Java and Bali, Indonesia. Since 1987 twelve species of marine molluscs are protected under Indonesian law to shield them from overexploitation. Despite this protection they are traded openly in large volumes. Methodology/Principal Findings We collected data on species composition, origins, volumes and prices at two large open markets (2013), collected data from wholesale traders (2013), and compiled seizure data by the Indonesian authorities (2008–2013). All twelve protected species were observed in trade. Smaller species were traded for trade involves networks stretching hundreds of kilometres throughout Indonesia. Wholesale traders offer protected marine mollusc shells for the export market by the container or by the metric ton. Data from 20 confiscated shipments show an on-going trade in these molluscs. Over 42,000 shells were seized over a 5-year period, with a retail value of USD700,000 within Indonesia; horned helmet (Cassis cornuta) (>32,000 shells valued at USD500,000), chambered nautilus (Nautilus pompilius) (>3,000 shells, USD60,000) and giant clams (Tridacna spp.) (>2,000 shells, USD45,000) were traded in largest volumes. Two-thirds of this trade was destined for international markets, including in the USA and Asia-Pacific region. Conclusions/Significance We demonstrated that the trade in protected marine mollusc shells in Indonesia is not controlled nor monitored, that it involves large volumes, and that networks of shell collectors, traders, middlemen and exporters span the globe. This impedes protection of these species on the ground and calls into question the effectiveness of protected species management in Indonesia; solutions are unlikely to be found only in Indonesia and must involve the cooperation of importing countries. PMID:26717021

  4. Large-Scale Trade in Legally Protected Marine Mollusc Shells from Java and Bali, Indonesia.

    Science.gov (United States)

    Nijman, Vincent; Spaan, Denise; Nekaris, K Anne-Isola

    2015-01-01

    Tropical marine molluscs are traded globally. Larger species with slow life histories are under threat from over-exploitation. We report on the trade in protected marine mollusc shells in and from Java and Bali, Indonesia. Since 1987 twelve species of marine molluscs are protected under Indonesian law to shield them from overexploitation. Despite this protection they are traded openly in large volumes. We collected data on species composition, origins, volumes and prices at two large open markets (2013), collected data from wholesale traders (2013), and compiled seizure data by the Indonesian authorities (2008-2013). All twelve protected species were observed in trade. Smaller species were traded for Java and Bali, but the trade involves networks stretching hundreds of kilometres throughout Indonesia. Wholesale traders offer protected marine mollusc shells for the export market by the container or by the metric ton. Data from 20 confiscated shipments show an on-going trade in these molluscs. Over 42,000 shells were seized over a 5-year period, with a retail value of USD700,000 within Indonesia; horned helmet (Cassis cornuta) (>32,000 shells valued at USD500,000), chambered nautilus (Nautilus pompilius) (>3,000 shells, USD60,000) and giant clams (Tridacna spp.) (>2,000 shells, USD45,000) were traded in largest volumes. Two-thirds of this trade was destined for international markets, including in the USA and Asia-Pacific region. We demonstrated that the trade in protected marine mollusc shells in Indonesia is not controlled nor monitored, that it involves large volumes, and that networks of shell collectors, traders, middlemen and exporters span the globe. This impedes protection of these species on the ground and calls into question the effectiveness of protected species management in Indonesia; solutions are unlikely to be found only in Indonesia and must involve the cooperation of importing countries.

  5. Shortcomings of existing systems for registration and legal protection of software products and possible ways to overcome them

    Science.gov (United States)

    Liapidevskiy, A. V.; Petrov, A. S.; Zhmud, V. A.; Sherubneva, I. G.

    2018-05-01

    The paper reveals the shortcomings of the existing system of registration and legal protection of software products. The system has too many disadvantages and shortcomings. Explanatory examples are given. Possible ways of overcoming these shortcomings are discussed. The paper also gives possible prospects for the use of new digital technologies. Also in the paper, the information is provided about the modern software components for protecting intellectual property rights of State corporations

  6. LEGAL PROTECTION AGAINST CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING IN CIANJUR DISTRICT STUDIED BY HUMAN RIGHTS PERSPECTIVE

    OpenAIRE

    Henny Nuraeny; Tanti Kirana Utami

    2015-01-01

    Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficki...

  7. Legal and economic protection of the existence of nuclear power plants. Is it legally feasible to back out of nuclear power

    Energy Technology Data Exchange (ETDEWEB)

    Rossnagel, A

    1986-01-01

    The article examines whether a political decision for shutting down all operating reactors would be backed by the law, and to what extent the Chernobyl reactor accident and its effects would justify a revocation of all operating licences in compliance with sec. 17, sub-sec. 5 of the Atomic Energy Act. The legal and economic reason and provisions providing for protection of existence are examined in the light of progress in science and technology, and of the changed safety philosophy. The author's conclusion is that the laws would allow the revocation of licences. (HSCH)

  8. 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

  9. Legal protection of public health through control over genetically modified food.

    Science.gov (United States)

    Gutorova, Nataliya; Batyhina, Olena; Trotska, Maryna

    2018-01-01

    Introduction: Science is constantly being developed which leads to both positive and negative changes in public health and the environment. One of the results of scientific progress is introduction of food based on genetically modified organisms whose effects on human health, to date, remain scantily studied and are ambiguous. The aim: to determine how human health can be influenced by food production based on genetically modified organisms. Materials and methods: international acts, data of international organizations and conclusions of scientists have been examined and used in the study. The article also summarizes information from scientific journals and monographs from a medical and legal point of view with scientific methods. This article is based on dialectical, comparative, analytic, synthetic and comprehensive research methods. Conclusions: Genetically modified organisms are specific human-made organisms being a result of using modern biotechnology techniques. They have both positive and negative effects on human health and the environment. The main disadvantage is not sufficient study of them in various spheres of public life.

  10. 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.)

  11. International physical protection standards: support for development and implementation

    International Nuclear Information System (INIS)

    Soo Hoo, M.S.

    2002-01-01

    Full text: Since 1972, the IAEA has been a recognized organization in promoting the development of international standards on the physical protection of nuclear materials. This responsibility has continued through the present in the 1999 publication of the fourth revision of INFCIRC/225, the physical protection of nuclear material and nuclear facilities and in being the repository for the convention on the physical protection of nuclear material which was originally published in 1980 as INFCIRC/274. The IAEA has also published other reference documents in support these two standards. With changing world events and greater concern for the physical protection of nuclear materials and facilities, IAEA member states have increased IAEA physical protection responsibilities. Currently, the IAEA is serving as the secretariat for drafting revisions to the physical protection convention. The proposed revisions will strengthen international physical protection standards through the incorporation of physical protection fundamentals that should apply to all nuclear materials in international or domestic use, storage and transport. Furthermore, the physical protection fundamentals would also extend to include nuclear facilities. Presently, the physical protection convention applies only to nuclear materials that are in international transport. To complement efforts to develop and promote international physical protection standards, the IAEA is actively involved in assisting member states with the implementation of the standards. This is accomplished through the delivery of training courses, workshops and hosting other international forums for the exchange of information. Through review services such as the international physical protection advisory service (IPPAS), the IAEA provides advice to member states on the application of international standards at national and facility-specific levels. These services can be followed up with technical support to implement the

  12. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    Erinda Duraj (Male

    2015-03-01

    Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

  13. Sanctioning international protection applicants for choosing the country of asylum

    Directory of Open Access Journals (Sweden)

    Polona Mozetič

    2016-06-01

    Full Text Available Major disparities in the regulation and application of international protection exist among EU member states. Therefore, applicants for international protection want to choose the state where they lodge an application. Instead of harmonizing law on international protection, member states sanction applicants for international protection who lodge an application in the preferred member states and not in the one responsible under the Dublin III Regulation. According to the New International Protection Act, implementing EU procedural directive, it may be assumed that an applicant implicitly withdrew her/his application, if s/he left the asylum home without authorisation, and in that case the procedure is discontinued. If an applicant lodges a subsequent application after more than nine months or more than once, her/his application will possibly not be subject of a substantial examination.In order to prevent ”asylum shopping” EU allows for the possibility that some applicants, who would be entitled to refugee status or subsidiary protection, are never granted such protection. However, this is contrary to the principle of non-refoulement as developed in the case-law of the ECtHR and the Constitutional Court of the Republic of Slovenia. Mechanisms that aim to prevent ”asylum shopping” may be contrary to the well-established principles of human rights protection, unfair or unreasonable and affect the most marginalized applicants for international protection.

  14. Shareholder Protection and Stock Market Development: An Empirical Test of the Legal Origins Hypothesis

    OpenAIRE

    John Armour; Simon Deakin; Prabirjit Sarkar; Mathias Siems; Ajit Singh

    2008-01-01

    We test the ‘law matters’ and ‘legal origin’claims using a newly created panel dataset measuring legal change over time in a sample of developed and developing countries. Our dataset improves on previous ones by avoiding country-specific variables in favour of functional and generic descriptors, by taking into account a wider range of legal data, and by considering the effects of weighting variables in different ways, thereby ensuring greater consistency of coding....

  15. PRODUCT CERTIFICATION AND LEGAL PROTECTION TO ENHANCE INDONESIAN TRADITIONAL HERBAL PRODUCTIONS

    Directory of Open Access Journals (Sweden)

    Endang Purwaningsih

    2016-02-01

    Full Text Available This study is aimed to empower traditional herbs producer and help legal protection of Indonesian traditional medicines, implementing Participatory Research and juridical-sociological approaches. Data were collected through literary, questionnaire, interview and Focus Group Discussion. The first year study revealed that Herbal Producer Association worked with all members, persuading government offices to get product certification and effective trademark licenses. In the second year study the researchers and Producers Association trained and facilitated vendors to endorse trademark, label registry, and markets shares. Producers maintain traditional medicine management, because product certification is hard to achieve. Penelitian ini bertujuan untuk memberdayakan produsen jamu/OT dan membantu perlindungan hukumnya, dengan memanfaatkan pendekatan penelitian partisipatoris dan sosiologis yuridis. Data dikumpulkan dengan literatur, kuesioner, wawancara dan Focus Group Discussion (FGD. Pada tahun pertama organisasi gabungan pengusaha jamu (GP Jamu bersama-sama dengan seluruh anggotanya mendorong pemerintah untuk perolehan sertifikasi produk izin edar dan merek secara efektif. Pada tahun kedua, peneliti dan gabungan pengusaha jamu melakukan pelatihan guna perolehan izin edar, pendaftaran merek, dan peningkatan pemasaran. Para pengusaha jamu tradisional perlu terus menerus didampingi karena perolehan izin edar terkesan sulit.

  16. Legal Design of Domestic Workers Protection Based on Gorontalo Community Local Culture

    Science.gov (United States)

    Cherawaty Thalib, Mutia

    2018-05-01

    This study was conducted with an empirical juridical approach. The juridical approach was done by identifying community norms and legal policy related to the domestic workers existence, while the empirical approach was done by observing social phenomenon of housemaid and local culture that underlies the working relationship between employer and domestic workers (housemaid). In-depth interviews and group discussions were done to obtain the data. The result shows that the domestic workers existence in Gorontalo cannot be relied upon the domestic service market because it is increasingly eroded by socio-cultural changes that evolve in the rapid rise society awareness of human rights and technological development. Huyula’s culture values, timoa, ambu, bilohe, and tolianga remain as survival strategies for some domestic workers who last longer with their work. For new domestic workers, the bargaining position is increasingly high with the poor quality of work. Some of the rural workers who still hold the principle of “dila biasa” (uncustomary principle), moomu (unwilling), moolito / moqolito (shame), affect their resilience in working as domestic workers. On the other hand, domestic work relations as a social institution is not supported by strong instruments like the government. Consequently, it needs an integrated thinking and step by step designing of the form of protection for domestic workers based on the local culture values of Gorontalo people.

  17. 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

  18. Protection of the natural environment and internationally accepted practice

    International Nuclear Information System (INIS)

    Linsley, G.

    1996-01-01

    This paper reviews the present approach to protecting the environment against ionizing radiations in international standards and guidance. This approach is based on the assumption that protecting humans will provide adequate protection for the environment. The extent to which the assumption can and has been justified is examined. Possible reasons for wishing to reconsider or elaborate the approach and to develop specific criteria for protecting other species are discussed

  19. The development of the international and national radiation protection law

    International Nuclear Information System (INIS)

    Bischof, W.

    1978-01-01

    The author reports in detail about the development of the international radiation protection law, gives a general survey of domestic legislation in the FRG and abroad and presents the individual problems of the radiation protection laws in a comparative way, such as radiation protection principles/dose limit values, licensing and monitoring regulations disposal of radioactive wastes, application of ionising rays and radioactive substances to men as well as protection from non-ionising radiation. (UN) [de

  20. 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.

  1. 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

  2. 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

    UN Security Council, which will provide an adequate response to its violations of international law, even if the offender is a permanent member of this body. The main role in resolving the armed conflict currently owned OSCE. The feature is the presence of its field operations acting directly in some participating States, upon request and provide necessary assistance. Decisions in the OSCE adopt by consensus. Currently, there is a problem in meeting the personal safety of observers. The forces of law and order are the following main objectives: personal safety SMM OSCE during their surveillance in the territory controlled by Ukraine; support the SMM OSCE in the demilitarized zone with the ability to provide shelter in special equipment and engineering facilities in the alleged attacks; property protection equipment and CMM OSCE in their locations of the territory controlled by Ukraine. Conclusions of the research. The only security support among international organizations in the settlement of the armed conflict in the South East of Ukraine (except for economic sanctions against the "aggressor country" is an unarmed civilian OSCE SMM. OSCE needs serious reform, the creation of a new model of its operation, which takes into account the new situation in Europe, the dramatic changes the security environment, the emergence of new challenges and threats. Areas for further scientific studies will be used to research legal and organizational-tactical bases of improvement of international organizations in resolving the armed conflict.

  3. Nuclear phase-out before court. Legal protection by investment protection arbitration; Atomausstieg vor Gericht. Rechtsschutz durch Investitionsschutz-Schiedsgerichtsverfahren (ICSID)

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2016-11-15

    On the basis of the nuclear power phase out in Germany in 2011, three nuclear power plant operators (E.ON, RWE and Vattenfall) submitted constitutional complaints to the Federal Constitutional Court. In parallel, Vattenfall, a Swedish state-owned company, took a second legal option: An investment protection arbitration procedure against Germany was initiated on the basis of the ''Energiecharta'' contract. A negotiation took place in October 2016. Critics notice that this would provide a foreign company with a special legal action. They want to derive consequences for the content and conclusion of further trade agreements (for example, TTIP).

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2017-08-01

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

  5. Retrogression in the legal protection of the right to academic freedom in Europe

    OpenAIRE

    Beiter, Klaus D.; Karran, Terence; Appiagyei.Atua, Kwadwo

    2016-01-01

    This article assesses to what extent the right to academic freedom as construed in terms of international human rights law, specifically UNESCO’s Recommendation on the Status of Higher-Education Teaching Personnel of 1997, is protected in the law of the 28Member States of the European Union. It determines the elements of this right, to then operationalise these by way of indicators accorded numeric values in order to assess state compliance and rank states in terms of their performance. The a...

  6. 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.

  7. Protecting Children Rights under International Criminal Justice

    OpenAIRE

    Erinda Duraj (Male)

    2015-01-01

    Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The partic...

  8. Workplace bullying and legal protection of employees in the Czech Republic

    Directory of Open Access Journals (Sweden)

    Panajotis Cakirpaloglu

    2016-01-01

    Full Text Available Workplace bullying is a subtle manifestation of disturbed relationships in the working collective. This form of victimization of employees in the Czech Republic has, according to independent surveys, expanding dimensions. Empirical evidence generally tends to reveal the prevalence, forms and direction of aggression as well as numerous psychological, health and other consequences of victimization, especially in terms of various socio-demographic indicators. The presented study verifies extensive psychological survey on the sample of N = 3746 employees from the private, public and non-profit sectors in the Czech Republic, using a questionnaire of negative acts NAQ (Negative Act Questionnaire and a status questionnaire. The research confirmed a 12, 14% prevalence of bullying in the workplace in the Czech Republic. There is a balanced representation of men and women in the incidence of bullying, while the highest rates of bullying are reported within the state sector. Victimization in the workplace affects mostly ordinary workers, aged around 42 years, with secondary or higher education. The Czech Republic has not yet made workplace bullying an illegal practise, especially in comparison with other industrialized countries, where since 1990, mobbing is considered a criminal offense. Existing laws in the Czech Republic also do not recognise the concept of mobbing or bossing and therefore do not define these concepts closer. The prohibition of bullying in the workplace necessarily derives from the general provisions of the Anti- Discrimination Act, of the Civil Code, the Labour Code and the laws arising from administrative law. Victims of workplace bullying also get protection by some provisions of the Criminal Code, which protects the victim from aggressor offenses. The relevant legal norm is intended to act as a social regulator, partly preventively in terms of taking measures for the successful identification and elimination of conditions of a

  9. The Development of General Principles for EU Competition Law Enforcement - The protection of legal professional privilege

    NARCIS (Netherlands)

    Frese, M.J.

    2011-01-01

    This paper discusses the scope of the EU principle of legal professional privilege ('LPP') and the mechanisms for bottom-up integration. LPP refers to the confidential nature of certain written communications between lawyer and client. Bottom-up integration is the process whereby domestic legal

  10. Radiation protection. Scientific fundamentals, legal regulations, practical applications. Compendium; Strahlenschutz. Wissenschaftliche Grundlagen, Rechtliche Regelungen, Praktische Anwendungen. Kompendium

    Energy Technology Data Exchange (ETDEWEB)

    Buchert, Guido; Gay, Juergen; Kirchner, Gerald; Michel, Rolf; Niggemann, Guenter; Schumann, Joerg; Wust, Peter; Jaehnert, Susanne; Strilek, Ralf; Martini, Ekkehard (eds.)

    2011-06-15

    The compendium on radiation protection, scientific fundamentals, legal regulations and practical applications includes contributions to the following issues: (1) Effects and risk of ionizing radiation: fundamentals on effects and risk of ionizing radiation, news in radiation biology, advantages and disadvantages of screening investigations; (2) trends and legal regulations concerning radiation protection: development of European and national radiation protection laws, new regulations concerning X-rays, culture and ethics of radiation protection; (3) dosimetry and radiation measuring techniques: personal scanning using GHz radiation, new ''dose characteristics'' in practice, measuring techniques for the nuclear danger prevention and emergency hazard control; (4) radiation exposure in medicine: radiation exposure of modern medical techniques, heavy ion radiotherapy, deterministic and stochastic risks of the high-conformal photon radiotherapy, STEMO project - mobile CT for apoplectic stroke patients; (5) radiation exposure in technology: legal control of high-level radioactive sources, technical and public safety using enclosed radioactive sources for materials testing, radiation exposure in aviation, radon in Bavaria, NPP Fukushima-Daiichi - a status report; (6) radiation exposure in nuclear engineering: The Chernobyl accident - historical experiences or sustaining problem? European standards for radioactive waste disposal, radioactive material disposal in Germany risk assessment of ionizing and non-ionizing radiation (7) Case studies.

  11. INTERNATIONAL PRACTICE OF INSURANCE SERVICES CONSUMER PROTECTION

    Directory of Open Access Journals (Sweden)

    Irina P. Khominitch

    2014-01-01

    Full Text Available The article considers the current compensationand guarantee mechanisms of policyholders’protection in the context of reforms inregulation and supervision of insurancecompanies. Models and fi nancing sourcesof insurance services consumer protectionfunds, their features in different countries as well as order and size of compensationpayments are identified in this article.

  12. 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)

  13. The International Commission of Non-Ionizing Radiation Protection: meeting the challenges in NIR protection

    Energy Technology Data Exchange (ETDEWEB)

    McKinlay, A [National Radiological Protection Board, Didcot (United Kingdom). ICNIRP

    2002-07-01

    This paper summarises ICNIRP's brief history from its beginnings as a committee of the International Radiation Protection Association (IRPA) to the present as an independent International Commission, and examines how it has structured itself to meet the challenges in non-ionising radiation (NIR) protection now and in the future.

  14. 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.

  15. 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.

  16. The Responsibility to Protect: Report of the International ...

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

    Book cover The Responsibility to Protect: Report of the International Commission ... for Human Rights Policy, Kennedy School of Government, Harvard University. ... (1987-1999) and Switzerland's State Secretary for External Economic Affairs.

  17. Legal assessment tool (LAT): an interactive tool to address privacy and data protection issues for data sharing.

    Science.gov (United States)

    Kuchinke, Wolfgang; Krauth, Christian; Bergmann, René; Karakoyun, Töresin; Woollard, Astrid; Schluender, Irene; Braasch, Benjamin; Eckert, Martin; Ohmann, Christian

    2016-07-07

    In an unprecedented rate data in the life sciences is generated and stored in many different databases. An ever increasing part of this data is human health data and therefore falls under data protected by legal regulations. As part of the BioMedBridges project, which created infrastructures that connect more than 10 ESFRI research infrastructures (RI), the legal and ethical prerequisites of data sharing were examined employing a novel and pragmatic approach. We employed concepts from computer science to create legal requirement clusters that enable legal interoperability between databases for the areas of data protection, data security, Intellectual Property (IP) and security of biosample data. We analysed and extracted access rules and constraints from all data providers (databases) involved in the building of data bridges covering many of Europe's most important databases. These requirement clusters were applied to five usage scenarios representing the data flow in different data bridges: Image bridge, Phenotype data bridge, Personalised medicine data bridge, Structural data bridge, and Biosample data bridge. A matrix was built to relate the important concepts from data protection regulations (e.g. pseudonymisation, identifyability, access control, consent management) with the results of the requirement clusters. An interactive user interface for querying the matrix for requirements necessary for compliant data sharing was created. To guide researchers without the need for legal expert knowledge through legal requirements, an interactive tool, the Legal Assessment Tool (LAT), was developed. LAT provides researchers interactively with a selection process to characterise the involved types of data and databases and provides suitable requirements and recommendations for concrete data access and sharing situations. The results provided by LAT are based on an analysis of the data access and sharing conditions for different kinds of data of major databases in Europe

  18. Study on the Application Mode and Legal Protection of Green Materials in Medical-Nursing Combined Building

    Science.gov (United States)

    Zhiyong, Xian

    2017-09-01

    In the context of green development, green materials are the future trend of Medical-Nursing Combined building. This paper summarizes the concept and types of green building materials. Then, on the basis of existing research, it constructs the green material system framework of Medical-Nursing Combined building, puts forward the application mode of green building materials, and studies the policy and legal protection of green material application.

  19. Spiritual Occlusion and Systemic Integrity: Legal Evaluations of Due Process Protections and Freedom of Religious Expression and Practices Safeguards

    Directory of Open Access Journals (Sweden)

    Jason R. Jolicoeur

    2018-05-01

    Full Text Available As is the case with other constitutionally protected rights, the freedom of religion is not unlimited nor without restriction or constraint. Rather, the courts have long held that the state may have legitimate reasons for placing reasonable restrictions on the otherwise free exercise of religious practice. The courts have also held that the state cannot restrict religious practice in a capricious or gratuitous manner. However, the courts have also held that individuals have a constitutional right to due process legal protections. In many instances, these two freedoms exist independently of each other. In instances when they intersect, conflict may result from one right seeking hegemony over the other. In instances such as these, the courts may have to resolve conflicts by establishing legal principles and precedents regarding which of these constitutional protections will be granted contextual prominence over the other. Thus far, the legal evaluation of this important question has been confused at best and contradictory at worst. This has resulted in a number of substantive outcomes that pose significant challenges to the practice and application of both rights and an underlying avoidance of broader constitutional questions.

  20. Nuclear energy, environmental protection and international conflicts

    International Nuclear Information System (INIS)

    Menke-Glueckert, P.

    1975-01-01

    Some general and some critical remarks on: nuclear energy as an image for politics; nuclear energy as a model for research planning; nuclear controversy; the principle of precaution in nuclear and radiation protection law; reactor safety on probation; advantages and economy of nuclear energy; communication difficulties; the special role of nuclear energy; the need for European site planning; supervision of fissionable materials; the world's energy household in danger; global structure politics and nuclear energy; nuclear energy with a capacity for social innovations. (HP/LN) [de

  1. Protected by pluralism? Grappling with multiple legal frameworks in groundwater governance

    NARCIS (Netherlands)

    Conti, K.I.; Gupta, J.

    2014-01-01

    Threats to groundwater sustainability demand governance. However, groundwater governance regimes are developing incongruously across geographic levels. Therefore, this research raises the question, how does lack of consensus regarding principles of groundwater law manifest itself as legal pluralism

  2. Present scenery of cuban legislation in the field of legal verification of dosimetric instruments used in radiological protection

    International Nuclear Information System (INIS)

    Salas G, Walwyn; Morales Monzon, J.A.; Hernandez Blanche, E.

    2001-01-01

    The main objective of legal metrology is to ensure the public guaranty from the point of view of safety, and the suitable accuracy of the measurements that are made on health, environmental applications, and trade. The International Organization of Legal Metrology included the ionizing radiation field on those for which the use of the verified measuring instruments are suggested. . The paper presents the advances of Cuban legislation in this field, promoted by issue of the Decree-Law 183 of Metrology. As part of such advances, the Cuban standards for verification NC 44:1999 'X and Gamma Radiation Measuring Instruments. Verification methods' is discussed. This standard was elaborated in the Cuban Secondary Standard Dosimetry Laboratory, and it is based on the available relevant international standards. Results from verification service during the year 2000 are also provided.(author)

  3. Do Social Relationships Protect Victimized Children against Internalizing Problems?

    Science.gov (United States)

    Averdijk, Margit; Eisner, Manuel; Ribeaud, Denis

    2014-01-01

    We investigated whether social relationships protect children against the effects of victimization on internalizing problems. We used data from the Zurich Project on the Social Development of Children and Youths. Victimization at age 8 years was associated with internalizing problems at age 9 years. Victims who had siblings, warm parents, and a…

  4. UNHCR and the pursuit of international protection: accountability through technology?

    DEFF Research Database (Denmark)

    Jacobsen, Katja Lindskov; Sandvik, Kristin B.

    2018-01-01

    Better management and new technological solutions are increasingly portrayed as the way to improve refugee protection and enhance the accountability of humanitarian actors. Taking concepts of legibility, quantification and co-production as the point of departure, this article explores how techno-bureaucratic...... practices shape conceptions of international refugee protection. We do this by examining the evolving roles of results-based management (RBM), biometrics and cash-based interventions as ‘accountability technologies’ in the United Nations High Commissioner for Refugees’ international protection efforts...

  5. 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.

  6. 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…

  7. 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.

  8. 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…

  9. 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

  10. Financial education, investor protection and international portfolio diversification

    OpenAIRE

    Maela Giofré

    2012-01-01

    This paper investigates the tension between regulation and financial education in explaining one of the major puzzles in international finance, that is the lack of international diversification. We show that both dimensions are relevant: higher investor’s financial education fosters international investment and stronger minority investor protection legislation attracts inward investment. More interestingly, these factors appear to be substitute in enhancing investor’s portfolio diversificatio...

  11. IPPAS guidelines. Reference document for the IAEA International Physical Protection Advisory Service

    International Nuclear Information System (INIS)

    1999-01-01

    The IAEA International Physical protection Advisory Service (IPPAS) provides advice to Member States to assist them in strengthening the effectiveness of their national physical protection system whilst recognizing the ultimate responsibility for physical protection is that of the Member State. The IPPAS is available to all countries with nuclear materials and facilities. The basic concepts, purposes and functions of physical protection are provided in INFCIR/225, 'The Physical Protection of Nuclear Material and Nuclear Facilities' as amended from time to time and 'the Convention on the Physical Protection of Nuclear Material (INFCIR/247/Rev.1). The guidance given in INFCIR/225 recognizes that implementation of these requirements vary from country to country depending on their existing constitutional, legal and administrative systems; the assessment of the threat for the potential theft of nuclear material or sabotage of nuclear facilities; the technical skills and professional and financial resources available to the competent authority; and social customs and cultural traditions. IPPAS missions are performance oriented in that they accept different approaches to the implementation of national physical protection system

  12. 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

  13. Some International Legal Aspects of the Enclosed Seas, especially the Baltic Sea, with Regard to their Protection Against Pollutive Agents; Quelques Considerations de Droit International Touchant les Mers Fermees, notamment la Baltique, au Point de Vue de la Protection Contre les Agents de Pollution; 041d 0414 ; Estudio de Algunos Aspectos Juridicos Internacionales de los Mares Cerrados, especialmente el Baltico, con Miras a la Proteccion de sus Aguas Frente a los Agentes Contaminadores

    Energy Technology Data Exchange (ETDEWEB)

    Manner, E. J. [Advisory State Committee on Water Pollution, Helsinki (Finland)

    1960-07-01

    Enclosed or intra-continental seas should be distinguished from lakes, because the systems of the international law of the sea and international water- law differ from each other. The definitions of the enclosed sea used in the literature are not satisfactory and in the paper a new and more appropriate definition is proposed. The main sources of the international law of the sea are four Conventions adopted by the United Nations Conference on the Law of the Sea held at Geneva in 1958. Many of the problems concerning the Baltic are also characteristic of other intra-continental seas. In the paper reference is made to these problems and to the considerations that render the provisions of the Conventions on the Law of the Sea inadequate for the case of the enclosed seas. With regard to the prevention of pollution of the sea and the disposal of radioactive wastes, the rules of international law are still undeveloped. In the paper mention is made of the aspects that should be considered when drawing up regulations and taking measures for the prevention of pollution, especially of the enclosed seas. (author) [French] Il faut distinguer les mers fermees ou intracontinentales des lacs, car le droit maritime international s'applique aux premieres et non aux deuxiemes. Il n'existe pas de definition satisfaisante de la mer fermee, et l'auteur du memoire propose une nouvelle, qui est plus exacte. Les principales sources du droit maritime international sont constituees par quatre conventions, adoptees par la Conference des Nations Unies sur le droit de la mer, qui s'est tenue a Geneve en 1958. Beaucoup de problemes concernant la mer Baltique sont des. problemes types qui interessent egalement les autres mers intracontinentales. Le memoire expose ces problemes et les raisons pour lequelles les dispositions des conventions sur le droit de la mer ne sont pas suffisantes dans le cas des mers fermees. En ce qui concerne la prevention de la pollution de la mer et l'evacuation des

  14. Mission and activities of the International Commission on Radiological Protection

    International Nuclear Information System (INIS)

    Clements, C.H.

    2018-01-01

    The International Commission on Radiological Protection (ICRP), formed in 1928, develops the System of Radiological Protection for the public benefit. The objective of the recommendations is to contribute to an appropriate level of protection for people and the environment against the harmful effects of radiation exposure without unduly limiting the individual or societal benefits of activities involving radiation. In developing its recommendations, ICRP considers advances in scientific knowledge, evolving social values, and practical experience. These recommendations are the basis of radiological protection standards and practice worldwide

  15. 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.

  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. 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.

  18. Comparison between legal regulations on radiation protection issued by two governmental bodies

    International Nuclear Information System (INIS)

    Jonchev, L.

    1996-01-01

    Legal problems evolving from the equivalence of the rights and obligations of two Bulgarian governmental regulatory bodies: the Ministry of Health and the Committee on the Use of Atomic Energy for Peaceful Purposes (CUAEPP) are discussed. The adequate texts in the legal regulations showing some contradictory and conflicting topics are considered. Special attention is paid to the issues of licensing and regulatory responsibilities of both organizations as well as liquidation of accident consequences. Some proposals for elimination of the discrepancies in those documents are given. 8 refs. (author)

  19. 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.

  20. Leveraging physical protection technology for international safeguards applications

    International Nuclear Information System (INIS)

    Glidewell, Don

    2001-01-01

    Full text: In an effort to improve the effectiveness, efficiency, and reliability of equipment used for International Safeguards, the European Safeguards Research and Development Association (ESARDA) Reflection Group requested the ESARDA Containment and Surveillance Working Group to investigate the feasibility of employing physical protection technologies for international safeguards applications. The physical protection market has traditionally been much greater than the international safeguards market. Consequently, physical protection technology has been subjected to greater testing and evaluation, and has enjoyed much greater real world experience. The larger market yields economies of scale, and the greater testing and experience should arguably result in improved reliability. This paper will compare requirements for physical protection versus international safeguards equipment, and identify types of physical protection equipment, which have potential for safeguards applications. It will evaluate both Commercial Off-the-Shelf (COTS) and non-COTS equipment. Finally, for selected physical protection equipment, the paper will evaluate the degree of modification that would be needed to make it acceptable for safeguards applications. (author)

  1. Public utilities and the public interest - raising and acknowledging this claim in proceedings concerning provisional legal protection

    International Nuclear Information System (INIS)

    Fischerhof, H.

    1976-01-01

    The following can be said of appeal proceedings against provisionally granted legal protection as claimed according to section 5 article 80 VwGO, the public utilities attending the proceedings, but not the licensing authority, being in the position to file this appeal: 1) The licensing authority takes part in the appeal proceedings and has the right to be heard. The licensing authority can also continue to act in the public interest in order to maintain the ordinances it issued, ordinances which were ordered to take immediate effect with public interest in mind. 2) The court of appeal has to examine the factual and the legal aspects of the previous instance's decision. 3) The public utility as the complainant can, within the framework of its official duties, combine the public interest with its own interests. (orig./HP) [de

  2. 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.

  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. Legal Statement on Investment Protection and Investor-State Dispute Settlement Mechanisms in TTIP and CETA

    DEFF Research Database (Denmark)

    Savin, Andrej; Trzaskowski, Jan

    2016-01-01

    the fundamental legal issues within these mechanisms and explains how they pose grave threats to public interest, democratic principles and state budgets. Authors: Prof. Anneli Albi, University of Kent Prof. Diamond Ashiagbor, University of London Prof. Dr. Antoine Bailleux, Université Saint-Louis – Bruxelles Dr...

  5. ANALYSIS OF THE NEW LEGAL ACTS ON MOBBING PROTECTION OF THE EMPLOYEES IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Jadranka Denkova

    2015-07-01

    Full Text Available Emotional abuse in the work place, psychological terror, social isolation, are terms well known to the Labor Union organizations. They all refer to harassment in the work place, which is actually mobbing. The word “mobbing” denotes a wide range of complex activities which represent harassment of the employees in their work places, in all social spheres. Therefore the consequences range from mild disturbances to disappointing repercussions to the employees. Those consequences mostly reflect badly on the family of the harassed employee, as well on the organization and the society in general. For that reason, the subject of this article is to analyze the regulations of the Law on Labor Relations which refer to protection of employees from harassment in the work place and to analyze the new “Law on Harassment Protection in the work place” adopted recently, in order to increase the protection measures against harassment in the work place on a higher level. The efficiency of this law is to be comprehended through professional and scientific approach, where the research should emphasize the efficiency of the new legal acts. The purpose of this article is not only to analyze the abovementioned laws on harassment protection in the work place in the Republic of Macedonia, but also to present a critique of the eventual mistakes that might occur during implementation and to identify legal gaps as obstacles against mobbing evidence. The methodological approach of this article is directed towards implementation of the qualitative methodanalyzing content founded on scientific and expert competence as well as on previously established real state of affairs by the adopted law regulations in order to present our own point of view. The conclusion of this article refers to the fact that weaknesses in some of the legal acts on the Law on Labor Relations and the Law on Harassment Protection could be noticed. Those cracks might be misinterpreted by the people

  6. LEGAL PROTECTION AGAINST CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING IN CIANJUR DISTRICT STUDIED BY HUMAN RIGHTS PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Henny Nuraeny

    2015-05-01

    Full Text Available Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficking in Cianjur is in line with the concept of human rights. This study uses normative juridical approach and specification of descriptive analysis. Results from this study is the protection of child victims of trafficking in persons has been referred to the concept of human rights which the regional government make policies on prevention of trafficking, rehabilitation, counseling and empowerment of victims of human trafficking.

  7. Benefits of Ratification of the Madrid Protocol (Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks) for the Protection of Intellectual Property Rights in Indonesia

    OpenAIRE

    Ramasari, Risti Dwi

    2013-01-01

    The role of marks in the era of globalization of markets is very important, especially in maintaining fairbusiness competition and preventing piracy of marks that will be detrimental to the registered mark, bothdomestically and Internationally. Therefore, the business requires International trademark registrationprocedures in order to obtain legal protection in both countries of origin and in other countries where theexpansion of business is required. Along with the development of Internation...

  8. 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)

  9. Legal protection of elderly persons and risk of their victimization by criminal acts with elements of domestic violence

    Directory of Open Access Journals (Sweden)

    Mirić Filip

    2012-01-01

    Full Text Available The aging process is inevitable. It follows the individual from birth until death. Due to the inability of people to influence it, there is a greater obligation of society to provide the people in the „third age“ a dignified life, without any form of victimization. The author defines which people are considered old according to positive legal acts of the Republic of Serbia. The subject of this paper are the factors that increase the risk of victimization of the elderly within the family, taking into account the physical, psychological, sexual and economic violence against the elderly, as well as mechanisms for their legal protection from domestic violence, as one of the most effective tools of the state and society in general for protection of this particularly vulnerable social group. Relevant provisions of the Criminal Code and the Code of Criminal Procedure of the Republic of Serbia with a critical analysis of the incrimination of offenses with elements of domestic violence where the victim is usually an old person will be analyzed. From the subject defined in this manner, stems the paper‘ s mainly descriptive goal of describing the phenomenon through the analysis of the major forms of violence to which the elderly within the family are exposed (physical, psychological, economic and sexual violence. The purpose of the paper is also to analyze the factors that increase the risk of victimization of the elderly and the mechanisms for their legal protection from domestic violence, point out the harm of this type of violence and thus contribute to combating this negative social phenomenon.

  10. Internal fire protection analysis for the United Kingdom EPR design

    Energy Technology Data Exchange (ETDEWEB)

    Laid, Abdallah [Nuclear New Build Generation Company Ltd. (NNB GenCo), Barnwood (United Kingdom). EDF Energy Plc.; Cesbron, Mickael [Service Etudes et Project Thermiques et Nucleaires (SEPTEN), Lyon (France). EDF-SA

    2015-12-15

    In the deterministic design basis analysis of the United Kingdom (UK) EPR based nuclear power plants all postulated initiating events are grouped into two different types, internal faults and internal/external hazards. ''Internal Fires'' is one of the internal hazards analysed at the design stage of the UK EPR. In effect, the main safety objective for fire protection is to ensure that all the required safety functions are performed in the event of an internal fire. To achieve this safety objective, provisions for protection against fire risks are taken to: (i) limit the spread of a fire, protect the safety functions of the facility; (ii) limit the propagation of smoke and dispersion of toxic, radioactive, inflammable, corrosive or explosive materials, and (iii) ensure the achievement of a safe shutdown state, personnel evacuation and all other necessary emergency actions. This paper presents the UK EPR approach on how the above provisions are applied. Such provisions involve implementing means of fire prevention, surveillance, firefighting and limiting fire consequences, appropriate to the risks inherent to the facility. Overall, the design of the UK EPR fire protection systems is based on three types of measures: prevention, containment and control.

  11. Protecting knowledge : How legal requirements to reveal information affect the importance of secrecy

    NARCIS (Netherlands)

    Sofka, Wolfgang; de Faria, Pedro; Shehu, Edlira

    2018-01-01

    Most firms use secrecy to protect their knowledge from potential imitators. However, the theoretical foundations for secrecy have not been well explored. We extend knowledge protection literature and propose theoretical mechanisms explaining how information visibility influences the importance of

  12. International and national radiation protection standards and recommendations

    International Nuclear Information System (INIS)

    Swindon, T.N.

    1989-01-01

    The recommendations of the International Commission on Radiological Protection (ICRP) and their basis are discussed with particular emphasis on the extensive review of its earlier recommendations undertaken by the ICRP during the 1970s. The new recommendations issued in 1977 after this review are described. The dose limits for various organs and tissues before and after 1977 are compared. The optimization principle contained in the 1977 recommendations is assessed. The implementation of the 1977 recommendations, the subsequent changes to them and the ICRP's 1987 statement on cancer risk assessments are discussed. The National Radiological Protection Board's October 1987 radiation protection recommendations are outlined. 8 refs., 1 fig

  13. Legal protection against outline operating plans under mining law; Rechtsschutz gegen Rahmenbetriebsplaene im Bergrecht

    Energy Technology Data Exchange (ETDEWEB)

    Schmitz, Holger; Mausch, Marlen [Rechtsanwaltskanzlei Noerr LLP, Berlin (Germany)

    2011-03-15

    In the outline planning for a mining project the question of to what extent the interests of potentially affected surface owners must be taken into account at this early stage of project planning regularly arises. In this contribution the authors explain after a brief introduction to the subject the current jurisdiction of the Federal Administrative Court in respect of the corresponding legal requirements on the outline operating plants, the legal effects of the approval of an outline operating plan and the right of the surface owners to contest the operating plan approval. In addition the permissibility of the initial treatment of owner interests in subsequent special operating plans is described. It is evident that the binding effect of the outline operating plans on the one hand and the transfer of owner interests to special operating plans on the other conflict to a certain extent. (orig.)

  14. Procedural aspects of healthcare quality control in Latvia and its effect on legal protection of patients

    Directory of Open Access Journals (Sweden)

    Liepins A.

    2018-01-01

    Full Text Available According to the European Commission data, 8–12% of patients cared for in hospitals throughout the European Union have suffered accidents related to the healthcare provided for them. The Directive 2011/24/EU of the European Parliament and Council of 9th March 2011 on the application of patients’ rights in cross-border healthcare provides that the Member States shouldensurethat patients have easily accessible and transparent appeal procedures and mechanisms that provide possibilities for legal remedies in cases of inflicted harm during medical treatment according to regulations of the respective Member State. Healthcare quality control mechanisms are intended for two major purposes: to identify accidents that have occurred during medical treatment and to prevent similar accidents from reoccurring in the future. The aim of this article is to evaluate, firstly, the procedural aspects of healthcare quality control mechanisms in Latvia and, secondly, how healthcare quality control mechanisms have been affected with the implementation of the Directive 2011/24/EU in Latvian legal order, providing for a specific legal remedy – the newly created Medical risk fund. Conclusions are made on the procedural nature of the patients’ right to submit complaints and also the developments in Latvian court practice related to the healthcare quality control. The authors have also analysed regulations related to the Medical risk fund, its influence on the civil liability mechanisms of medical practitioners, as well as the patient’s right to obtainjust compensation for the harm inflicted to his health and the legal nature of opinions of the Health Inspectorate of Latvia.

  15. 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.

  16. 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.

  17. International news about radiation protection of the environment

    International Nuclear Information System (INIS)

    Beaugelin-Seiller, K.; Garnier-Laplace, J.

    2016-01-01

    The new European Basic Safety Standards in Radiation Protection (2013/59/Euratom) introduce 'environmental criteria' to protect human health in the long term. This innovation results from work in progress and from the recent positioning of international organizations and authorities in charge of radiation protection and its implementation, regarding the protection of wildlife against ionizing radiation. On the basis of the international state of the art, from the current regulatory context to existing approaches, the ERICA method has been identified as fully consistent with the ICRP approach and the most operational at the moment, due to its richness, flexibility and traceability. Most of the radiological risk assessments for wildlife published in the 5 last years used part or all of the ERICA approach, generally screening the radiological risk for wildlife from the first stage of the assessment, except for a few areas among those most impacted by radioactive contamination (Chernobyl area, uranium mining sites in Central Asia, etc.). This update of the knowledge in the field at the international level and the feedback on the analysis of regulatory files presented by nuclear operators led to 10 recommendations from the IRSN on the radiation protection of the environment and its implementation. (authors)

  18. Chemistry for protection of the environment, Eight international conference: Proceedings

    International Nuclear Information System (INIS)

    Lacy, W.J.; Pawlowski, L.; Dlugosz, J.J.

    1991-01-01

    This report presents research programs from the International Conference on the Chemistry For Protection of the Environment. Topics covered include environmental transport, waste minimization, pollution control and prevention, waste management, soil remediation, and health concerns associated with environmental contamination. Individual projects are processed separately for the data bases

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

    International Nuclear Information System (INIS)

    Dagicour, F.

    2002-03-01

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

  20. Protecting policy space for public health nutrition in an era of international investment agreements.

    Science.gov (United States)

    Thow, Anne Marie; McGrady, Benn

    2014-02-01

    Philip Morris has recently brought claims against Australia (2011) and Uruguay (2010) under international investment agreements (IIAs). The claims allege that Philip Morris is entitled to compensation following the introduction of innovative tobacco packaging regulations to reduce smoking and prevent noncommunicable diseases (NCDs). Since tobacco control measures are often viewed as a model for public health nutrition measures, the claims raise the question of how investment law governs the latter. This paper begins to answer this question and to explain how governments can proactively protect policy space for public health nutrition in an era of expanding IIAs. The authors first consider the main interventions proposed to reduce diet-related NCDs and their intersection with investment in the food supply chain. They then review the nature of investment regimes and relevant case law and examine ways to maximize policy space for public health nutrition intervention within this legal context. As foreign investment increases across the food-chain and more global recommendations discouraging the consumption of unhealthful products are issued, investment law will increase in importance as part of the legal architecture governing the food supply. The implications of investment law for public health nutrition measures depend on various factors: the measures themselves, the terms of the applicable agreements, the conditions surrounding the foreign investment and the policies governing agricultural support. This analysis suggests that governments should adopt proactive measures--e.g. the clarification of terms and reliance on exceptions--to manage investment and protect their regulatory autonomy with respect to public health nutrition.

  1. 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...

  2. Progress and turning points in legal development of native forests protection at the argentine provincial and uruguayan jurisdictions

    Directory of Open Access Journals (Sweden)

    Clara María Minaverry

    2017-04-01

    Full Text Available The general purpose of this paper is to investigate native forests protection regulatory development level, in a selection of argentine provinces in possession of valuable ecosystem forest´s resources, such as the Andean-Patagonian ones. The especial objectives are: To state if provincial regulations have complied with national native forests environmental protection law 26.331 (and if it regulates water resources, and to make a comparative analysis with Uruguay. This is an exploratory research, where analytical comparative method and legal hermeneutics were applied to this study. We could conclude that law 26.331 exceeded some of the selected argentine provincial regulations outlines, and that Uruguay does not have enough regulatory development in order to make an overall comparative analysis.

  3. Patient rights protection in the Czech Republic: challenges of a transition from Communism to a modern legal system.

    Science.gov (United States)

    Dostal, O

    2007-03-01

    The post-Communist countries in Central Europe, including the Czech Republic, underwent a rapid transformation of their legal systems, within which the concept of patient rights passed through revolutionary changes. This process however often left significant gaps in patient rights protection. There are practical difficulties for patients in defending their rights before the courts, such as problems with obtaining evidence and independent expert opinions, long delays and high costs of court proceedings, strict burden of proof rules and low compensation levels. Modern patient rights often collide with the systems of health care provision that are still unprepared for patient autonomy and responsibility. The experience gained in the transition process might be applicable also to other countries that undergo changes from traditional to modern system of patient rights protection.

  4. 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.

  5. Enhancing and diluting the legal status of subsidiary protection beneficiaries under Union law

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    2016-01-01

    Is it in accordance with the Qualification Directive (QD) to restrict the freedom of movement within the host country of beneficiaries of subsidiary protection (a form of protection parallel to refugee status) in receipt of social security benefits? This question was addressed by the CJEU in its...... and the substantive content of subsidiary protection while it, on the other hand, creates uncertainty about the applicable non-discrimination standard in such cases...

  6. 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

  7. The International Methodologies of Assessment of Employment Protection

    Directory of Open Access Journals (Sweden)

    Otenko Pavlo V.

    2017-10-01

    Full Text Available This article is concerned with International methodology of assessment of employment protection. The main problem that is raised in this article is the following one – what indicator and criteria should be used in order to determine the degree of employment protection in a particular country? Author outlines and comprises the basic indicators that were created by the leading institutions: the OECD, the World Bank and Cambridge Center for Business research. The positive as well as negative consequences and also an influence of having a stringent degree of employment protection on the areas like productivity, labor market, labor market flows, etc. are described and discussed. Author also suggests different steps that should be taken in order to reform the current situation and solve problems in the labor area. Three possible ways of how to reform and enhance employment protection are analyzed and characterized.

  8. Arbitrability limitation in consumer (B2C disputes? : Consumers´ protection as legal and economic phenomenon

    Directory of Open Access Journals (Sweden)

    Alexander J. Bělohlávek

    2012-10-01

    Full Text Available Protection of consumers became a phenomenon of many governmental politics. Retrieval of a balance between privat autonomy and protection of a weaker party is very sensitive. The particular degree of consumers protection through limitation of contractual autonomy (in B2C contracts as well as procedural autonomy (regarding B2C dispute resolution mechanisms, as chosen by particular governments, has both legal and economic effects, in positive and negative sense. The European Court of Human Rights adjudicated repeatedly that traditional court litigation is not capable to grant effective protection to contractual claims in many countries. Arbitration is therefore one of possible tools for B2C dispute resolution, even if many countries and obviously the EU Commission followe rather an opposite strategy (keeping down arbitrability of B2C disputes in the opposite to US trends. Arbitration is not a cure-all and definitely not a method suitable for the resolution of any and all types of disputes. It has its proponents as well as opponents. Indeed, it is hard to claim that a particular type (class of disputes is a priori fit to be resolved in arbitration, rather than litigation, or vice versa. This also applies to consumer disputes (disputes from consumer contracts. It is fairly undisputable that consumers deserve a certain degree of specific protection in cases in which they are forced to enter into a particular contract and have no other option than to accept the conditions stipulated by the other party (the professional. But we cannot principally claim that the resolution of these disputes in court would be more suitable than arbitration or any other, the so-called alternative, dispute resolution method (ADR. Despite the basically undisputed importance of and the need for special consumer protection (whether provided by special laws, typically in Europe, or on the basis of general legal principles and the application of general contract law, like in the

  9. The Current State of the System of Mechanisms of Realisation and Protection of the Rights of the Child: Conceptual and Legal Aspects

    Science.gov (United States)

    Drozdova, Alexandra Michailowna; Gulakova, Violetta Yurevna; Ivanchenko, Elena Anatolevna; Lesnichenko, Inna Pavlovna; Tereshchenko, Elena Anatolevna

    2016-01-01

    The article is devoted to the analytical understanding of the problems in the field of realisation and protection of the rights of children in Russia to identify and highlight existing problems in order to try to remove shortcomings and embark on further development and improvement of the legal and social mechanisms for the protection of…

  10. Do privacy and data protection rules apply to legal persons and should they? A proposal for a two-tiered system

    NARCIS (Netherlands)

    van der Sloot, B.

    2015-01-01

    Privacy and data protection rules are usually said to protect the individual against intrusive governments and nosy companies. These rights guarantee the individual's freedom, personal autonomy and human dignity, among others. More and more, however, legal persons are also allowed to invoke the

  11. The nuclear industry contribution to the international norm elaboration. Phenomenon approach in radiation protection law

    International Nuclear Information System (INIS)

    Lajoinie, O.

    2002-01-01

    The object of this study,strictly speaking, will exceed the radiation protection law. The radiation protection law has been defined as the whole of legal standards aiming the workers and public protection (so natural environment of the public) against ionizing radiations. The look on standards will be broadened to specific standards out of these ones included in law. (N.C.)

  12. The work of the international commission on radiological protection

    International Nuclear Information System (INIS)

    Clarke, R.H.

    1996-01-01

    ICRP was established in 1928 as the International X-ray and Radium Protection Committee. In 1950 the name was changed to reflect the wider scope of radiological protection. The present membership of the Main Commission and its four committees was established in July 1993 for the period 1993-1997. Their programmes of work are now nearing completion with the Committees having met four times and their progress is summarised. The Main Commission meets in November 1996, when one of the main topics will be the election of the new Commission and members of the four Committees for the period 1997-2001

  13. Role of the IAEA in establishment of the international standards of radiation protection

    International Nuclear Information System (INIS)

    Pinak, M.

    2014-01-01

    situation has not been significantly modified from the previous BSS version, the revised one, for example, strengthens the protection of emergency workers by setting the maximal dose that can be received during emergency response, and by putting emphasis on the principle of voluntary action in certain circumstances. The need for scientifically sound, administratively and legally recognized, and also practical and applicable regulations in emergency situations has also been recently surfacing in the view of Fukushima NPP accident.The presentation also describes the importance of outreaching of role of specialized international bodies and agencies cosponsoring organizations (FAO, IAEA, ILO, NEA, PAHO, WHO, EC and UNEP) in revision process and in implementation of the BSS, and importance and legal aspects of introducing BSS into the national regulatory frameworks. (author)

  14. Physical protection in the transport of nuclear materials (Legal aspects of the domestic system)

    International Nuclear Information System (INIS)

    Novais, F.J.G.

    1978-04-01

    A study of the physical protection system is made. Emphasis is given to some considerations in the nuclear material transport area, mainly the details of the domestic system, from a juridic pont of view. (Author) [pt

  15. 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.

  16. The development of international standards for the protection of the environment from the effects of ionizing radiation

    International Nuclear Information System (INIS)

    Robinson, Carol

    2004-01-01

    There has been an increasing awareness over recent years of the need to develop an approach that specifically addresses the protection of non-human species from the effects of ionizing radiation, largely in response to national and international environmental legal instruments. The IAEA has a long history of involvement in assessing the impact of ionizing radiation on non-human species and has, in recent years, established a programme of work to address the development of safety standards on this issue, in co-operation with other relevant international organizations. This paper provides an overview of the status of international work in this regard, paying particular attention to the work of the IAEA, and the relevant task groups of the International Commission on Radiological Protection (ICRP). It includes a discussion of the ethics and principles of environmental protection, and issues related to the development of a practical framework for environmental assessment and decision-making. The future development of international safety standards for the control of releases of radionuclides to the environment will depend upon the findings and recommendations of the International Conference on Protection of the Environment from the Effects of Ionizing Radiation, held in Stockholm, Sweden, 6-10 October 2003. The main issues arising at that conference are summarised. (author)

  17. A Legal Approach to Civilian Use of Drones in Europe. Privacy and Personal Data Protection Concerns

    OpenAIRE

    Pauner Chulvi, Cristina; Viguri Cordero, Jorge Agustín

    2015-01-01

    Drones are a growth industry evolving quickly from military to civilian uses however, they have the potential to pose a serious risk to security, privacy and data protection. After a first stage focused on safety issues, Europe is facing the challenge to develop a regulatory framework for drones integration into the airspace system while safeguarding the guarantees of fundamental rights and civil liberties. This paper analyses the potential privacy and data protection risks ...

  18. 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)

  19. Developing a curriculum for training nuclear protective force persons in legal matters

    International Nuclear Information System (INIS)

    Cadwell, J.J.

    1984-01-01

    The development of a curriculum for the training of security officers involves the integration of the importance of the subject, the difficulty of the subject and a consideration of the time available for the lecture. The importance of the subject is regarded as a combination of 1) the frequency the officer will need to use the material in the field and 2) the possible consequences of the officer not being well trained in the subject. The result of these considerations is a recommended seven-hour curriculum consisting of three hours of instruction on 1) the law of arrest, search and seizure, 2) one hour of instruction on the use of force, 3) two hours of instruction on the scope of legal authority and 4) one hour of instruction on civil liability

  20. International commission radiological protection: its policy, its works, its thoughts

    International Nuclear Information System (INIS)

    Nenot, J.C.

    1999-01-01

    The I.C.R.P. is an advisory organism. It offers recommendations to regulatory and advisory organisms at the international and national levels. Given the differences that exist between the national legislations, its recommendations cannot be directly transcribed in regulatory terms. The base recommendations are used for the essential in the international regulations and in particular in the European Directive, whom transposition in national law is compulsory. The aim of the Commission is to elaborate a protection system against ionizing radiations, sufficiently general to apply at the totality of situations during which ones the human is exposed or could be exposed to radiations. (N.C.)

  1. Legal protection is not enough: Posidonia oceanica meadows in marine protected areas are not healthier than those in unprotected areas of the northwest Mediterranean Sea.

    Science.gov (United States)

    Montefalcone, Monica; Albertelli, Giancarlo; Morri, Carla; Parravicini, Valeriano; Bianchi, Carlo Nike

    2009-04-01

    Using the Conservation Index, which measures the proportional amount of dead matte relative to live Posidonia oceanica, we assessed the health of 15 P. oceanica meadows at a regional scale along the coast of Liguria (NW Mediterranean). These areas were characterized by different degrees of anthropization, from highly urbanized sites to marine protected areas. Two different scenarios were identified according to depth: in shallow zones, the health of P. oceanica meadows was related to the degree of anthropization along the coastline. In contrast, in deep zones, most meadows exhibited poor health, independent of both the degree of disturbance and the legal measures protecting the area. Working synergistically with the regional impact of increased water turbidity, local impacts from the coast were recognized as the main causes of the severe regression of most Ligurian P. oceanica meadows. We conclude that marine protected areas alone are not sufficient to guarantee the protection of P. oceanica meadows. We emphasize the need for a management network involving the Sites of Community Interest (SCIs) containing P. oceanica meadows.

  2. 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,

  3. Radiation protection planning for the international FAIR project

    International Nuclear Information System (INIS)

    Fehrenbacher, G.; Belousov, A.; Conrad, I.

    2015-01-01

    FAIR (=Facility for AntiProton and Ion Research) is an international accelerator facility which will be built near the GSI site in Darmstadt, where protons and heavy ion beams can be accelerated in a synchrotron to energies up to 30 GeV/nucleon with intensities partially up to 1E13/sec. The accelerated particles will be used for experiments in atomic, nuclear and plasma physics as well as for radiation biology and medicine and materials research. The radiation protection planning focuses on the estimation of radiation fields produced by heavy ions and its shielding. As examples, the radiation protection planning for the heavy ion synchrotron SIS100 as well as for two experiment caves are presented. Moreover, further important topics in this radiation protection planning are the estimation of the distribution and production of radionuclides in media and the handling before disposal.

  4. The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

    Directory of Open Access Journals (Sweden)

    Mohmed Alqahtani Faten

    2018-01-01

    Full Text Available Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1 The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2 The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3 The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

  5. 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.

  6. Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

    International Nuclear Information System (INIS)

    Novotna, Marianna

    2016-01-01

    The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

  7. Equal Protection, the ADA, and Driving with Low Vision: A Legal Analysis

    Science.gov (United States)

    Marta, Mary R.; Geruschat, Duane

    2004-01-01

    This article describes federal and state laws that affect the opportunity of people with low vision to drive and to obtain driver's licenses. Discrimination against individuals with low vision is discussed in the context of equal protection and the Americans with Disabilities Act. A review of relevant case law and implications for drivers with low…

  8. Criminal and Legal Tax System Protection of the Russian Federation and the Ukraine

    Directory of Open Access Journals (Sweden)

    Stepanenko D. Yu.

    2013-10-01

    Full Text Available The comparative law analysis of criminal law protection of the tax system of the Russian Federation and the Ukraine is presented in the article; some recommendations for improvement of the Russian and Ukrainian criminal legislations have been formulated on this basis as well

  9. Student-on-Student Sexual Orientation Harassment: Legal Protections for Sexual Minority Youth

    Science.gov (United States)

    Stader, David L.; Graca, Thomas J.

    2007-01-01

    Like all teens, sexual minority youths (lesbian, gay, bisexual, and transgender) face many challenges, including student-on-student sexual orientation harassment. The authors examine recent research into the relative frequency, the potential impact, and school district responsibility to protect sexual minority youths from ongoing…

  10. Things and Words About Them: On the Legal Protection of Design

    DEFF Research Database (Denmark)

    Teilmann-Lock, Stina

    2011-01-01

    Traditional registration of design relied on the deposit of an example of the thing itself; the Registrar who held things thus deposited was responsible for ensuring that they would be protected from unauthorized imitation. The material thing itself is to be the standard against which copies can ...

  11. Application of international maritime protection conventions to radioactive pollution

    International Nuclear Information System (INIS)

    Stein, R.M.; Walden, R.M.

    1975-01-01

    The application of international maritime protection conventions to radioactive pollution is discussed with particular emphasis on the 1972 London Convention on prevention of marine pollution by dumping of wastes and other matter. Under that Convention, wastes are divided into three categories according to their radioactivity. High level wastes, whose dumping is prohibited, and low level wastes which require a special dumping permit are studied on the basis of definitions established by the International Atomic Energy Agency. Mention is made of the IAEA-recommended procedures for issue of the specific dumping as well as of the exceptions provided for ships and aircraft enjoying State immunity and cases of force majeure or emergencies. Also dealt with are the other international Conventions applying to prevention of radioactive marine pollution [fr

  12. 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.

  13. Legal instruments and proposals for acts of the European Communities relating to the protection of the environment. As of May 12, 1993

    International Nuclear Information System (INIS)

    Lohse, S.

    1993-01-01

    The compilation comprises all legal instruments and proposals for legal instruments of the European Communities in the field of environmental protection which were incorporated in the EDP-aided compilation of the Federal Office for Environmental Protection, specialized field 'Juristic Environmental Issues'. It replaces the preceding compilations. The volume is subdivided into the sections: General information, regional development law, nature preservation law, law on water pollution control, refuse law, imission control law, atomic energy law, energy and mining law, law on dangerous materials and law on environmental health. (orig.) [de

  14. Marco Civil da Internet: Limits From the Express and Unequivocal Requirement Consent as a Legal Protection of Personal Data on the Internet

    Directory of Open Access Journals (Sweden)

    Marco Antonio Lima

    2016-10-01

    Full Text Available This article examines the limits of the legal determination of express and unequivocal consent for the collection, use, storage, processing and protection of personal data as provided for in the Marco Civil da Internet (Law 12.965/2014 provided for in the list of rights and guarantees of users of the World Wide Web. With the increasing use of personal data from the Internet, for purposes of market analysis, prospecting investment trends, consumption and guidance of advertising campaigns - possible through technological resources for treatment and analysis of information - it is urgent to effectiveness the legal protection of this intangible property.

  15. 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.

  16. Protecting health from climate change: Preparedness of medical interns

    Directory of Open Access Journals (Sweden)

    Majra Jai

    2009-01-01

    Full Text Available Context : Climate change is a significant and emerging threat to public health and to meet the challenge, health systems require qualified staff. Aims : To study the preparedness of medical interns to meet the challenge of protecting health from climate change. Settings and Design: Medical colleges in a coastal town. Cross-sectional study. Materials and Methods: A proportionate number of medical interns from five medical colleges were included in the study. Level of awareness was used as a criterion to judge the preparedness. A self-administered, pretested, open-ended questionnaire was used. Responses were evaluated and graded. Statistical Analysis Used: Proportions, percentage, Chi-test. Results : About 90% of the medical interns were aware of the climate change and human activities that were playing a major role. Ninety-four percent were aware of the direct health impacts due to higher temperature and depletion in ozone concentration, and about 78% of the respondents were aware about the change in frequency / distribution of vector-borne diseases, water borne / related diseases, malnutrition, and health impact of population displacement. Knowledge regarding health protection was limited to mitigation of climate change and training / education. Options like adaptation, establishing / strengthening climate and disease surveillance systems, and health action in emergency were known to only nine (7%, eight (6%, and 17 (13%, respectively. Collegewise difference was statistically insignificant. Extra / co-curricular activities were the major source of knowledge. Conclusions : Majority of medical interns were aware of the causes and health impacts of climate change, but their knowledge regarding health protection measures was limited.

  17. Legal Protection to Watchdogs in South of Brazil: a question of empathy born of Non-Human Animal Protection Movements

    Directory of Open Access Journals (Sweden)

    Letícia Albuquerque

    2016-04-01

    Full Text Available The recognition of animal rights is an ongoing process. The Brazilian Federal Constitution prohibits cruel practices against non-human animals. However, it has become a common business practice the rental of dogs for asset security. Renting watchdogs offends the principle of the dignity of life. The animals were kept in degrading situation. Different actors were protagonists of the movement to protect watchdogs and joined each other in the fight to ban the rental of guard dogs for property security. The issue mobilized society through a social network, the basic emergency action packed emotions, empathy, and processes of political tolerance and of reciprocity.

  18. NEA international peer reviews of post-accident protection policy

    International Nuclear Information System (INIS)

    Lazo, T.

    2011-01-01

    For many years, the NEA has offered international peer reviews of national, high-level radioactive waste management policies and approaches. Until recently, this service had not been requested in the area of radiological protection. However, the 3. International Nuclear Emergency Exercise (INEX-3, 2005-2006) addressed post-accident consequence management for the first time in a broad, international sense, and helped generate significant national reflections in this area. In particular, in 2005 the French government began an extensive programme of post-emergency consequence management planning, resulting in a draft national policy to address such situations. The Finnish government used the INEX-3 exercise as a vehicle to discuss post-emergency consequence management with a broad group of governmental and private stakeholders, and also began to develop national policy in this area. In order to further refine national efforts, the French Nuclear Safety Authority (ASN) invited the NEA to perform in April 2011 its first international peer review in the radiological protection area focusing on its post-emergency consequence management policy under development. Finnish experts participated in this peer review team, and as a result, subsequently invited the NEA to perform an international peer review of its developing policy in this area in September 2011. These draft national policies and their international peer reviews are briefly presented in this paper. Feedback from both the French ASN and the Finnish STUK suggests that the detailed, external input provided by the international peer review teams have been extremely valuable in refining the content of the guides so that they are more clear, concise, understandable and implementable. It should be recalled that both national policy documents reviewed are far more detailed and extensive than described here. The intent of this article was not to provide a review of the national policies themselves, but rather to give an

  19. KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

    Directory of Open Access Journals (Sweden)

    Zulkifli Makkawaru

    2016-11-01

    Full Text Available Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI categorized into areas of HKI named Copyright (Copyright. The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

  20. Operating devices for radiation protection: acceptable deviations from legal metrology point of view

    International Nuclear Information System (INIS)

    Soukup, T.

    2008-01-01

    The objective of this paper is to draw attention to possible discrepancies in the measuring the quantities of ionizing radiation mainly in natural environment, that cannot be explained by faulty gauges. In addition I would like to draw the attention to these issue radiation protection researchers, document that uncertainties in estimating the impact of exposure and transfer them into the language of used meters tolerances. (authors)

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

    OpenAIRE

    Yulia Hafizovna DAVYDOVA

    2015-01-01

    The article highlights the current state of the legislation on protection of the rights of under-aged. Much attention is paid to the formation of the juvenile justice system in the Russian Federation. We present problems related to law infringements by teenagers in various fields and their solutions, highlight the work and the development of juvenile courts in Russia, sum up the results of the implementation of juvenile technologies and their significance, gives the definition of the term «co...

  2. Factors that influence the realization of the constitutional – legal protection

    OpenAIRE

    Safet Emruli

    2018-01-01

    The constitutional justice system represents the main actor of the establishment and the harmonious functioning of true democracy, because it implies the spirit of the constitution, where the rules of democracy, rule of law and the protection of the rights and freedoms of the citizens are envisaged, is respected and implemented in real life. The constitutional justice, in fact, represents the key segment that guarantees the vitality and efficiency of the judicial order. As such, it emerged as...

  3. Fighting software piracy in Africa: how do legal origins and IPRs protection channels matter?

    OpenAIRE

    Asongu Simplice

    2012-01-01

    In the current efforts towards harmonizing IPRs regimes in the African continent, this paper provides answers to four key questions relevant in the policy decision making processes. After empirically examining the questions, the following findings are established. (1) In comparison to common law countries, civil law countries inherently have a significant autonomous rate of software piracy; consistent with the 'law and property rights' theory. (2) But for IPRs laws, the other IP protection ch...

  4. LEGAL PROTECTION OF PATENTS IN CHINA AND PATENT FRAMEWORK IN CHINESE ENTERPRISES

    OpenAIRE

    Lu, Feifei

    2010-01-01

    After 14 years’ negotiation, China was enrolled in the World Trade Organization (WTO) in December 11, 2001. The enrolment has brought to us multiple impacts in society, economy, technology, culture and intellectual property as well. “IP law is more in demand now than it has ever been. Businesses are increasingly aware of the importance of intellectual property to their survival, and as a consequence increased pressure has been brought to bear on IP law to provide adequate protection for new a...

  5. Legal Protection on IP Cores for System-on-Chip Designs

    Science.gov (United States)

    Kinoshita, Takahiko

    The current semiconductor industry has shifted from vertical integrated model to horizontal specialization model in term of integrated circuit manufacturing. In this circumstance, IP cores as solutions for System-on-Chip (SoC) have become increasingly important for semiconductor business. This paper examines to what extent IP cores of SoC effectively can be protected by current intellectual property system including integrated circuit layout design law, patent law, design law, copyright law and unfair competition prevention act.

  6. 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

  7. 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...

  8. International Society of Radiographers and Radiological Technologists and radiation protection

    International Nuclear Information System (INIS)

    Yule, A.

    2001-01-01

    The ISRRT was formed in 1962 with 15 national societies and by the year 2000 has grown to comprise more than 70 member societies. The main objects of the organization are to: Improve the education of radiographers; Support the development of medical radiation technology worldwide; Promote a better understanding and implementation of radiation protection standards. The ISRRT has been a non-governmental organization in official relations with the World Health Organization (WHO) since 1967. It is the only international radiographic organization that represents radiation medicine technology and has more than 200 000 members within its 70 member countries. Representatives of the ISRRT have addressed a number of assemblies of WHO regional committees on matters relating to radiation protection and radiation medicine technology. In this way, the expertise of radiographers worldwide contributes to the establishment of international standards in vital areas, such as: Quality control; Legislation for radiation protection; Good practice in radiographic procedures; Basic radiological services. The ISRRT believes that good and consistent standards of practice throughout the world are essential

  9. International physical protection self-assessment tool for chemical facilities.

    Energy Technology Data Exchange (ETDEWEB)

    Tewell, Craig R.; Burdick, Brent A.; Stiles, Linda L.; Lindgren, Eric Richard

    2010-09-01

    This report is the final report for Laboratory Directed Research and Development (LDRD) Project No.130746, International Physical Protection Self-Assessment Tool for Chemical Facilities. The goal of the project was to develop an exportable, low-cost, computer-based risk assessment tool for small to medium size chemical facilities. The tool would assist facilities in improving their physical protection posture, while protecting their proprietary information. In FY2009, the project team proposed a comprehensive evaluation of safety and security regulations in the target geographical area, Southeast Asia. This approach was later modified and the team worked instead on developing a methodology for identifying potential targets at chemical facilities. Milestones proposed for FY2010 included characterizing the international/regional regulatory framework, finalizing the target identification and consequence analysis methodology, and developing, reviewing, and piloting the software tool. The project team accomplished the initial goal of developing potential target categories for chemical facilities; however, the additional milestones proposed for FY2010 were not pursued and the LDRD funding therefore was redirected.

  10. 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.

  11. 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.

  12. 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

  13. AUSTRALIA AND CATALONIA: A COMPARATIVE STUDY ON THE PROTECTION OF MINORITY LANGUAGES FROM A LEGAL STANDPOINT. EDUCATION IN THE MOTHER TONGUE. IS THE LANGUAGE A FACTOR OF INTEGRATION OR A BARRIER?

    Directory of Open Access Journals (Sweden)

    Alessia Vacca

    2011-01-01

    Full Text Available This article is a comparative study of the education system in minority languages between Catalonia and Australia from a legal standpoint. Catalonia has a complex legislation: National Constitution, Statute of Autonomy, Regional Laws, a strong legal framework, a language always alive as a political instrument to get the power. Australia has not a legal framework in this area and has a confused planning system. In Europe, the Council of Europe has been in charge of the protection of human rights. Australia signed and ratified some International Conventions which are not a strong legal basis to claim an education system in aborigines’ languages. The Catalan Law on Linguistic Normalization n. 7 of 1983, replaced by the Law on Linguistic Policy n. 1 of 1998, has, among the other purposes, also that to stimulate the use of Catalan as language of education in all levels of teaching. The school has a fundamental importance for the transmission of the culture of minorities. If the educational systems didn’t have any regime of teaching in the mother tongue all policies are not efficient.

  14. Legal ecotones: A comparative analysis of riparian policy protection in the Oregon Coast Range, USA.

    Science.gov (United States)

    Boisjolie, Brett A; Santelmann, Mary V; Flitcroft, Rebecca L; Duncan, Sally L

    2017-07-15

    Waterways of the USA are protected under the public trust doctrine, placing responsibility on the state to safeguard public resources for the benefit of current and future generations. This responsibility has led to the development of management standards for lands adjacent to streams. In the state of Oregon, policy protection for riparian areas varies by ownership (e.g., federal, state, or private), land use (e.g., forest, agriculture, rural residential, or urban) and stream attributes, creating varying standards for riparian land-management practices along the stream corridor. Here, we compare state and federal riparian land-management standards in four major policies that apply to private and public lands in the Oregon Coast Range. We use a standard template to categorize elements of policy protection: (1) the regulatory approach, (2) policy goals, (3) stream attributes, and (4) management standards. All four policies have similar goals for achieving water-quality standards, but differ in their regulatory approach. Plans for agricultural lands rely on outcome-based standards to treat pollution, in contrast with the prescriptive policy approaches for federal, state, and private forest lands, which set specific standards with the intent of preventing pollution. Policies also differ regarding the stream attributes considered when specifying management standards. Across all policies, 25 categories of unique standards are identified. Buffer widths vary from 0 to ∼152 m, with no buffer requirements for streams in agricultural areas or small, non-fish-bearing, seasonal streams on private forest land; narrow buffer requirements for small, non-fish-bearing perennial streams on private forest land (3 m); and the widest buffer requirements for fish-bearing streams on federal land (two site-potential tree-heights, up to an estimated 152 m). Results provide insight into how ecosystem concerns are addressed by variable policy approaches in multi-ownership landscapes, an

  15. The patient's radiological protection in medical practices: Legal support in the Cuban legislation

    International Nuclear Information System (INIS)

    Alonso Gonzalez, I.; Duran Delgado, M.

    2001-01-01

    Peaceful applications of nuclear energy have a great importance in medical practice, for their use in diagnosis and therapeutic procedures. The possibility to detect diseases and the use of radiation as a palliative or curative method, enables the use of such polemic energy. Practices associated with the use of ionizing radiation are under regulatory control, and in this regard it becomes necessary to prescribe a series of administrative requirements aimed at granting the corresponding authorization, once it has been demonstrated that the technical requirements that ensure the safe performance of the practice, without undue risk on life, goods and environment, are met. This includes the protection of any patient who could be under treatment, who is considered the main user of this application. (author)

  16. The patient's radiological protection in medical practices, legal support in the cuban legislation

    International Nuclear Information System (INIS)

    Alonso Gonzalez, Ivonne; Duran Delgado, Marlen

    2005-01-01

    Peaceful applications of nuclear energy have a great importance in medical practice, for their use in diagnosis and therapeutic procedures. The possibility to detect diseases and the use of radiation as a palliative or curative method, ennobles the use of such polemic energy. Practices associated with the use of ionizing radiation are under regulatory control, and in this regard it becomes necessary to prescribe a series of administrative requirements aimed at granting the corresponding authorization, once it has been demonstrated that the technical requirements that ensure the safe performance of the practice, without undue risk on life, goods and environment are met. This includes the protection of any patient who could be under treatment, who is considered the main user of this application

  17. The role of the international radiation protection association in development and implementation of radiation protection standards

    International Nuclear Information System (INIS)

    Metcalf, P.; Lochard, J.; Webb, G.

    2002-01-01

    The International Radiation Protection Association (IRPA) is an affiliation of national and regional professional societies. Its individual membership is approaching some 20 000 professionals from 42 societies and covering 50 countries. Its primary objective is to provide a platform for collaboration between members of its affiliate societies to further radiation protection and safety. The IRPA is mandated to promote and facilitate the establishment of radiation protection societies, support international meetings and to encourage international publications, research and education and the establishment and review of standards. Through its membership base and its observer status on bodies such as the ICRP and the safety standards committees of the IAEA, the IRPA is in a position to provide valuable input to the safety standards development process. This factor has been increasingly recognised more recently within the IRPA and the various organisations involved in the development of safety standards. This paper addresses the mechanisms that have been established to enhance the input of the IRPA into the safety standards development process and for their subsequent implementation. (author)

  18. 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.

  19. 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

  20. IMPROVING THE RULES ON PARENTAL RESPONSIBILITY FOR THE UPBRINGING OF CHILDREN IN THE CONTEXT OF MEASURES TO STRENGTHEN THE LEGAL PROTECTION OF THE FAMILY IN RUSSIA

    Directory of Open Access Journals (Sweden)

    Tatyana Krasnova

    2015-10-01

    Full Text Available This article discusses the issues of family-legal protection of children in the non-performance of parent’s responsibilities for their care and maintenance. In particular, problems associated with the separation the children from the parents, application of rules on annulment and restriction of parental rights. The author of article suggests ways to improving the Russian family legislation.

  1. Slovenian and European legal stipulations concerning protection and rehabilitation of river corridors

    Directory of Open Access Journals (Sweden)

    Matjaž Mikoš

    2003-01-01

    Full Text Available In view of the state of hydromorphological preservation of river corridors in the Slovenian hydrographic network and because of demands imposed by domestic and European legislature concerning water resource management and environmental protection, certain sections of rivers and streams that were for various reasons regulated in the past, will have to be rehabilitated. Permanent solutions to such issues demand careful planning of rehabilitation on suitable sections of rivers and streams, adequate positioning within physical planning acts, as well as streamlined administrative procedures and devised maintenance of rehabilitation areas. Because the process demands the return of formerly taken water surfaces into the domain of water ecosystems and dynamics of hydromorphological processes, and consequentially maintenance of regained surfaces, the public becomes an important factor, which is a position, granted by domestic and European laws. Last, but not least, successful execution of rehabilitation of water corridors, besides planning, administration and consistent public participation, demands knowledge about good practices of project management, as well as technical execution of such projects.

  2. Legal protection against instructions in the execution of Federal atomic energy laws

    International Nuclear Information System (INIS)

    Winter, G.

    1985-01-01

    The distribution of competencies between Federal Government and Land Governments with regard to nuclear installations licensing has been characterized until recently by a cooperative approach. The Federal Government used to give a statement prior to the first partial construction license and the first partial operating license, but the statements never had the character of instructions. The problem discussed in the contribution in hand arose when some of the Land Governments started to develop opinions and strategies in atomic energy policy that are contradictory to the policy adopted by the Federal Government, so that the question now to be answered is whether and to what extent a Land may claim judicial protection against instructions of the Federal Government. Two aspects are discussed: When is an instruction unlawful, and if so, is there the possibility of resorting to the courts, and to which court. The author makes a distinction between self-created unlawfulness of instructions, and unlawfulness created by third parties. In the first case, the author states the Federal Constitutional Court to be competent, in the latter case the Federal Administrative Court. (orig./HSCH) [de

  3. 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....

  4. 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...

  5. ICRP 2015. International symposium on the radiation protection system. Report and reflection on a significant symposium

    International Nuclear Information System (INIS)

    Lorenz, Bernd

    2016-01-01

    The ICRP international symposium on the radiation protection system provides always extensive information on new developments in radiation protection. The ICRP 2105 discussed the following issues: radiation effects of low dose irradiation, dose coefficients for internal and external exposures, radiation protection in nuclear medicine, application of ICRP recommendations, environmental protection, studies on existing exposure situations, medical radiation protection today, science behind radiation doses, new developments in radiation effects, and ethics in radiation protection.

  6. (Another Bankruptcy Legislation reform - functionalization of bankruptcy legal protection or placebo effect?

    Directory of Open Access Journals (Sweden)

    Dejan Bodul

    2015-01-01

    Full Text Available The paper deals with the most current topic in the field of collective civil law protection. The reforms of the Bankruptcy Act (seven of them as well as implementation of the Financial Operations and Pre-Bankruptcy Settlements Act (three amendments, which were implemented in 2012, have significantly altered Croatian insolvency legislation. Nevertheless, the indicative methods of determining the facts show that the bankruptcy and preliminary bankruptcy procedures, in relation to other countries in the region, are consuming less time. They are more expensive and have lower satisfaction from creditors. In comparison to countries with developed bankruptcy systems, Croatian regulations still need improvement. One has to take into consideration a substantial impact of multiple external, institutional factors on legislative solutions (unfavourable social context, problems in the payment system, the precarious recordings of immovable and movable property, an insufficient number of judges who were entrusted with the liquidation proceedings, weak training of bankruptcy administrators, inadequate methods of financing, and consequently weak motivation to work. The legislators are planning to make another functionalization of the Bankruptcy Act. His intention is, after two years of experimentation in the Financial Operations and Pre-Bankruptcy Settlements Act, to accept provisions on pre-bankruptcy settlements and reinstate many pre-existing options in the preparation of the reorganization plan. Since the existing framework is not allowing for a detailed analysis of the aforementioned subjects, one must emphasize that the space here does not permit a detailed analysis of these issues. Therefore, authors of this article will deal with subjects they see as relevant and essential for understanding key issues within the domain of the Bankruptcy Act. This work has been supported by the Croatian science foundation under the project number 6558 "Business and

  7. Frauen auf der Flucht – ohne rechtlichen Schutz? Women Taking Flight—Without Legal Protection?

    Directory of Open Access Journals (Sweden)

    Beate Rudolf

    2004-07-01

    Full Text Available Schlagzeilen machen sie nicht, aber die Debatte über das deutsche Zuwanderungsgesetz hat sie wieder – kurz? – ins öffentliche Bewusstsein gerufen: frauenspezifische Fluchtgründe. Frauen fliehen oft aus anderer Motivation als Männer – etwa wegen Diskriminierung aufgrund ihres Geschlechts oder aus Angst vor Genitalverstümmelung, und wenn sie politisch verfolgt werden, dann häufig unter Einsatz sexueller Gewalt. Berücksichtigen Völkerrecht und einzelstaatliches Asyl- und Flüchtlingsrecht diese Besonderheiten hinreichend? Dieser Frage geht Inke Jensen in ihrer Dissertation nach.They do not make headlines, but the debate on the German immigration law has again—for a short time?—brought it forth to public consciousness: specific reasons for women to seek refuge. Women often flee for other motivations as men—because of sex-based discrimination or fear of genital mutilation. Furthermore, when women are politically persecuted, sexual violence is often used. Does international law and individual state asylum and refugee law adequately consider these specific elements? Inke Jensen pursues this question in her dissertation.

  8. 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.

  9. On the issue of criminal-legal protection of life of a newborn baby

    Directory of Open Access Journals (Sweden)

    Nina Yuryevna Skripchenko

    2015-09-01

    improvement of the Article 106 of the Criminal Code the implementation of which will ensure the criminallegal protection of the life of babies. Practical significance the theoretical findings formulated in the study can be used in the research activities on further investigation of the considered crime and the implementation of proposals aimed at improving the legislation will ensure the inevitability of criminal responsibility of mothers who deprived their newborn children of their lives as well as the differentiation of criminal prosecution of women whose goal to get rid of the child was formed long before birthgiving and the murder was coldbloodedly planned and those who deprived the newborn of life being in a psychotraumatic situation or in a state of mental disorder not excluding sanity. nbsp

  10. 26 CFR 302.1-3 - Protection of internal revenue prior to tax determination.

    Science.gov (United States)

    2010-04-01

    ... (CONTINUED) PROCEDURE AND ADMINISTRATION TAXES UNDER THE INTERNATIONAL CLAIMS SETTLEMENT ACT, AS AMENDED AUGUST 9, 1955 § 302.1-3 Protection of internal revenue prior to tax determination. (a) Suits and claims... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Protection of internal revenue prior to tax...

  11. Actual legal questions and problems of the free access to information, especially in the environmental protection; Aktuelle Rechtsfragen und Probleme des freien Informationszugangs, insbesondere im Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Schroeder, Meinhard (ed.)

    2010-07-01

    Within the 26th Trier colloquium on the law governing environmental protection and technology at 5th to 7th September, 2010 in Trier (Federal Republic of Germany), the following lectures were held: (1) The environmental law in the light of federalism and Europeanization (Hans-Juergen Papier); (2) Information rights in the EU (Astrid Epiney); (3) Environmental policy by freedom of information (Friedrich Schoch); (4) The legal framework for the opening of the access to information as well as the appearance of accessible information under special consideration of the environmental information Directive 2003/4/EG and its implementation in the German Law (Joern Axel Kaemmerer); (5) The utilization of electronic media: REACh data bases, publication of authorizing procedures in the Internet and geo data mediation such as google maps (Indra Spiecker); (6) Protection position of companies in the right of access to information. The protection of business secrets and commercial confidentialities as well as application dossiers in the European and German law (Matthias Rossi); (7) Limited protection of business secrets and commercial confidentialities as a part of genetic engineering legal approval procedures (Hartwig Stiebler); (8) The NRW pipeline cadastre (Alexander Schink); (9) Legal protection by European and national courts under consideration of the European Ombudsman in his function in securing the access of information (Sabine Schlacke).

  12. Experience of the international network in radiation protection

    International Nuclear Information System (INIS)

    Medina Gironzini, Eduardo

    2008-01-01

    With the aim of exchanging information on various subjects about radiation protection and designing a site where the members can send and receive information on courses, scientific activities, articles, technical opinions, commentaries and everything that promotes the communication, collaboration and integration, the 15th March 2002 the networking: 'radioproteccion' is created with 11 persons from 11 countries. The number of members had been increased. By the first month it had 117 members and by the end of the year 2002 it had already 179 members, 315 messages were send by then. By December 2007, there were 726 members from 28 countries mainly from Latin America: Argentina, Brazil, Bolivia, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela. There were also members from Austria, Canada, France, Israel, Italy, Portugal, Spain, Sweden, United Kingdom and United States. There have been distributed 2049 messages about Congress, courses and activities on national and international radiation protection and related issues which initially were in Latin American and the Caribbean. This has allowed diverse specialists that work in different themes to interchange experiences and information about subjects of common interest. This objective is the continuation of the spreading of activities that since 1991 and for 10 consecutive years had been made through the Bulletin 'Proteccion Radiologica', from which 65000 samples were published and distributed to specialists from 40 countries thanks to the support of the International Atomic Energy Agency (IAEA) and the Pan-American Health Organization (PAHO). This idea is complemented by the Web: www.radioproteccion.org. Interesting topics have been discussed in the network for example: Pregnancy and medical radiation, emergency response, occupational exposure, radiation protection responsibilities, lessons learned from accidental

  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. SCK CEN'S International School for Radiological Protection (ISRP): communicating the aspects of radiological protection

    International Nuclear Information System (INIS)

    Coeck, M.; Majakowski, I.; Verachtert, C.; Meskens, G.

    2006-01-01

    Full text: Thanks to its thorough experience in the field of peaceful applications of nuclear science and technology, radiological protection and radiobiology, the Belgian nuclear research centre S.C.K. E.N. has garnered a reputation as an outstanding centre of research, training and education. Functioning as a task force within S.C.K. E.N., the international school for Radiological Protection (i.s.R.P.) initiates and manages training and research projects and contributes to related activities on national and international level. I.s.R.P. activities are situated on three axes: Coordination and organisation of training and education programmes on radiological protection The i.s.R.P. training activities deal with all aspects of radiological protection and are directed to the private, medical and industrial nuclear sector, national and international policy organisations, the political and academic world and the general public. Courses are also organised in cooperation with technical high schools, universities and public and private health services. In addition, i.s.R.P. is involved in international research networks and training programmes, such as those of the European Commission and the IAEA. The i.s.R.P. team of lecturers includes technicians, physicists, biologists, medical doctors, engineers and social scientists, who all bring insights and ideas from their specific background into the course programmes. As S.C.K. E.N. staff members, they have a solid knowledge and experience in their field, and can thus directly transfer their theoretical knowledge and practical experience to the various courses. Course programmes are composed together with the customer, drawing from the set of basic and expertise course modules and completed with technical visits. The basic modules textbooks exist in Dutch, French and English. In addition, all course modules and visits can be lectured and guided in Dutch, French or English. Research on trans-disciplinary aspects of education

  16. Conundrums in the legal protection of migrant workers' health rights and relative resolutions: implications from the case of Tseng Hei-tao.

    Science.gov (United States)

    Liu, Kai

    2013-08-01

    The deteriorating situation of migrant workers' health rights protection was once again highlighted in the case of Tseng Hei-tao. This case explicitly and implicitly showed that four conundrums--the Employment Restriction Conundrum, the Occupational Safety and Health (OSH) Legal Conundrum, the Morality Conundrum and the Identity Conundrum--are barriers to migrant workers' right protection. The health rights of migrant workers could be safeguarded by abolishing the outdated household registration system designed in the planned economy era, improving the rule of law, and strengthening administrative supervisions. This would fundamentally remove these barriers and thus contribute to migrant workers' health rights protection.

  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 limitations of contractual clauses to determine the legal nature of information and to protect trade secrets

    Directory of Open Access Journals (Sweden)

    Nelson Remolina Angarita

    2017-12-01

    Full Text Available This text analyses the legal requirements for information to be considered a trade secret based on Colombian regulations and rulings issued by the Superintendencia de Industria y Comercio. A contractual clause, by itself, does not have the power to define the information that can be considered a trade secret because freedom of choice cannot disregard the legal nature of the information.

  19. Legal Protections in Public Accommodations Settings: A Critical Public Health Issue for Transgender and Gender-Nonconforming People.

    Science.gov (United States)

    Reisner, Sari L; Hughto, Jaclyn M White; Dunham, Emilia E; Heflin, Katherine J; Begenyi, Jesse Blue Glass; Coffey-Esquivel, Julia; Cahill, Sean

    2015-09-01

    Since 2012, Massachusetts law has provided legal protections against discrimination on the basis of gender identity in employment, housing, credit, public education, and hate crimes. The law does not protect against discrimination based on gender identity in public accommodations settings such as transportation, retail stores, restaurants, health care facilities, and bathrooms. A 2013 survey of Massachusetts transgender and other gender minority adults found that in the past 12 months, 65% had experienced public accommodations discrimination since the law was passed. This discrimination was associated with a greater risk of adverse emotional and physical symptoms in the past 30 days. Nondiscrimination laws inclusive of gender identity should protect against discrimination in public accommodations settings to support transgender people's health and their ability to access health care. Gender minority people who are transgender or gender nonconforming experience widespread discrimination and health inequities. Since 2012, Massachusetts law has provided protections against discrimination on the basis of gender identity in employment, housing, credit, public education, and hate crimes. The law does not, however, protect against discrimination in public accommodations (eg, hospitals, health centers, transportation, nursing homes, supermarkets, retail establishments). For this article, we examined the frequency and health correlates of public accommodations discrimination among gender minority adults in Massachusetts, with attention to discrimination in health care settings. In 2013, we recruited a community-based sample (n = 452) both online and in person. The respondents completed a 1-time, electronic survey assessing demographics, health, health care utilization, and discrimination in public accommodations venues in the past 12 months. Using adjusted multivariable logistic regression models, we examined whether experiencing public accommodations discrimination in

  20. Concepts for the removal of legal barriers to climate protection in Germany's buildings sector; Konzepte fuer die Beseitigung rechtlicher Hemmnisse des Klimaschutzes im Gebaeudebereich

    Energy Technology Data Exchange (ETDEWEB)

    Buerger, Veit; Hermann, Andreas; Keimeyer, Friedhelm; Brunn, Christoph; Haus, David; Menge, Joanna [Oeko-Institut e.V. - Institut fuer Angewandte Oekologie, Berlin (Germany); Klinski, Stefan [Hochschule fuer Wirtschaft und Recht Berlin (Germany)

    2013-07-15

    This study examines ways to remove legal barriers to climate protection in the buildings sector with a special focus on the energy refurbishment of existing buildings. Part A is concerned with legal concepts for financing measures geared to the energy rehabilita-tion of buildings. In a first step possible regulatory instruments - both those being discussed by experts in specialist contexts and further feasible options - are identified, with which effective incentives for the implementation of ambitious energy refurbishments can be generated. The incentives should function as independently as possible from the incalculabilities of public budgets. The different options are then systematically analysed for their compatibility with the overarching requirements of Germany's national law and EU law as well as for their feasibility. Following an expert assessment of the functionality of those options categorised as legally positive, the report develops a well-coordinated set of different instruments which are partly based on public charges and partly on the commitments of private actors and allow for the introduction of a legal entitlement of building owners to support. Part B discusses the removal of (non-economic) legal barriers to the energy refurbishment of buildings. First of all an overview is provided of such barriers in different areas of the law (like tenancy law, residential property law, building law, among others). Then the focus is placed on specific legal barriers in the law on architectural and engineering fees as well as in public pro-curement law for construction contracts. Continuing along the same lines, concrete suggestions are developed for legal improvements.

  1. 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

  2. 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

  3. 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

  4. 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...

  5. 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.

  6. 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.

  7. 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...

  8. PROTECTION OF HUMAN RIGHTS AGAINST THE ADVERSE IMPACT OF TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES: DILEMMAS OF INTERNATIONAL COMMUNITY

    Directory of Open Access Journals (Sweden)

    Machoňová-Schellongová Ivana

    2015-12-01

    Full Text Available There is no doubt about an impact of corporate and business operations on human rights, both positive and negative. Growing influence of corporations, power shift between business and states, as well as the complex nature of corporate governance and transnational operations require international regulations. International community undertook numerous initiatives, the most significant and recent being the United Nations Guiding Principles on Business and Human Rights [2011], embraced by States, corporations and civil society as a “milestone“ in business and human rights agenda. While being a  useful comprehensive set of guidelines, Principles are lacking the legally binding force and any monitoring or complaints mechanism. Therefore, there are growing calls for a legally binding treaty to stipulate clearly human rights obligations of States/businesses vis-à-vis human rights and fill the protection gap for victims of corporate abuses. A newly established working group by the Human Rights Council has started to negotiate terms of reference of such a treaty in June 2015. However, meaningful negotiations are threatened by many factors, including the negative approach of US, EU and other developed States along with the corporate sector advocating for stronger implementation of Principles instead. This article aims to describe efforts of international community to prevent and eliminate a  negative impact of corporate activities on human rights. It shows different approaches and highlights some challenges and dilemmas. It concludes that parallel efforts should be undertaken - to implement the Principles and to negotiate an international treaty – in order to improve protection against an adverse impact of corporate operations on human rights. As for the Czech Republic, it is suggested to embark on the elaboration of the National Action Plan, thus providing for an opportunity to discuss implementation of the Principles among all the

  9. 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

  10. Consequences for the emergency protection - international; Konsequenzen fuer den Notfallschutz - international

    Energy Technology Data Exchange (ETDEWEB)

    Weiss, Wolfgang

    2015-06-01

    Extreme disasters as the earthquake and tsunami caused accidents in the NPP Fukushima Daiichi in 2011 are not only health hazardous situations for the respective population but also hazards for their material prosperity and the social cohesion. In order to minimize such consequences the responsible governmental authorities are committed to provide conceptual and material provisions in the frame of emergency planning. The concepts concerning radiation protection should be based on the recommendations and standards of international organizations like IAEA and ICRP, including the evaluation results from previous emergency situations and scientific findings (UNSCEAR).

  11. Recommandations pour la protection des fonds de réservoirs contre la corrosion externe et interne Recommendations for Protecting Tank Bottoms Against External and Internal Corrosion

    Directory of Open Access Journals (Sweden)

    Chambre Syndicale du Pétrole

    2006-11-01

    Full Text Available Ce document analyse le sprincipales causes de corrosion externe et inerne des réservoirs de stockage à axe vertical et recommande diverses mesures de prévention. Pour la protection externe, ces mesures concernent la conception des fondations et des fonds et la protection cathodique our la protection interne, elles concernet l'inhibition chimique, la protection cathodique et surtout les revêtements. This article analyzes the leading causes of external ant internal corrosion of vertical-axis storage tanks ant reccomends different prevention measures to protect the outside these measures have to do with the design of the foundations and bottom as well as with cathodic protection. t protect the inside they have to do with chemical inhibition, cathodic production and espacially coatings.

  12. International recommendations[General radiation protection background to protective measures against foodstuffs contaminated with radioactive substances

    Energy Technology Data Exchange (ETDEWEB)

    Lindell, Bo [Swedish National Institute of Radiation Protection (Sweden)

    1986-07-01

    Full text: This short presentation will indicate the general radiation protection background to protective measures against foodstuffs contaminated with radioactive substances. A number of international organizations are involved in various aspects of radiation protection, for example, the International Atomic Energy Agency (IAEA), the United Nations Food and Agriculture Organization (FAO), the United Nations Environment Programme (UNEP), and the World Health Organization (WHO). Two international organizations, however, provide the basic background. These are the International Commission on Radiological Protection (ICRP) and the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR). UNSCEAR provides the scientific information on radiation levels and effects. It consists of 21 member countries, with truly international coverage. It issues reports to the UN General Assembly, including comprehensive scientific annexes. Its latest comprehensive report was issued in 1982, the next is expected to be published in 1988. That report will include an assessment of the radiological consequences of the Chernobyl accident. The ICRP is a non-governmental organization. It has issued recommendations on radiation protection since 1928. The postulated biological basis for radiation protection recommendations involves two types of biological effects. The so-called non-stochastic effects, mainly due to cell death, appear only when the radiation doses exceed a certain threshold value. These effects, therefore, can only appear after high accidental exposures. After the Chernobyl accident, they only affected about 200 individuals involved in fire extinction and rescue work at the damaged nuclear power plant. Stochastic effects, with some simplification, may be seen as the result of initial changes in the genetic code of some surviving cells. If these cells are germ cells, this may lead to hereditary harm. If they are somatic cells, the result could be cancer

  13. The protection of migrant workers and international labour standards.

    Science.gov (United States)

    Bohning, W R

    1988-06-01

    International labor standards take the form of Conventions and Recommendations that embody the agreements reached by a 2/3 majority of the representatives of Governments, Employers, and Workers of International Labour Office (ILO) member states. Originally designed to guard against the danger that 1 country or other would keep down wages and working conditions to gain competitive advantage and thereby undermine advances elsewhere, international labor standards have also been inspired by humanitarian concerns--the visible plight of workers and the physical dangers of industrialization and by the notion of social justice, which embraces wellbeing and dignity, security, and equality as well as a measure of participation in economic and social matters. ILO standards apply to workers generally and therefore also to migrant workers, irrespective of the fact that the general standards are complemented by standards especially for migrant workers. The social security protection of migrant workers has been dealt with in ILO instruments primarily from the angle of equality of treatment but also from that of the maintenance of acquired rights and rights in course of acquisition, including the payment of benefits to entitled persons resident abroad. The ILO Conventions on migrant workers and the Recommendations which supplement them deal with practically all aspects of the work and life of non-nationals such as recruitment matters, information to be made available, contract conditions, medical examination and attention, customs, exemption for personal effects, assistance in settling into their new environment, vocational training, promotion at work, job security and alternative employment, liberty of movement, participation in the cultural life of the state as well as maintenance of their own culture, transfer of earnings and savings, family reunification and visits, appeal against unjustified termination of employment or expulsion, and return assistance. ILO's supervisory

  14. ENHANCING ASSETS' PROTECTION THROUGH AN ADEQUATE MONITORING OF INTERNAL CONTROL SYSTEM BY INTERNAL AUDIT

    Directory of Open Access Journals (Sweden)

    Dan Eugen Cosmin

    2011-12-01

    Full Text Available The assets are established into a company as very important and strategic resources that are contributing at the creation of the needed premises to conduct the daily-basis activity and also to reach present and future planned objectives. Recent studies like COSO's Fraudulent Financial Reporting 1998-2007 have highlighted an increasing fraudulent activity against assets therefore the efforts of fighting against fraud must be supplemented in order to preserve the existence and value of those resources. Internal controls are processes implemented in order to give a reasonable assurance that the company will not become a fraud victim. Even so, a lot of internal controls are paying a heavy tribute to their lack of efficiency and update. Thus, for a correct functioning, internal controls must be monitored and assessed permanently in order to preserve their strength and ability to fulfill their mission. This approach will deliver more added value because rather than being corrected after they have already occurred, the frauds related with the assets will be prevented, detected and reported at a timely moment, thereby the incidence and value of those criminal activities will decrease significantly. Furthermore, because not only the process of monitoring is important but even the entity conducting this activity we believe that internal audit is the most appropriate to undertake this responsibility. Thus, through this material we opened a discussion about how important permanent monitored and updated internal controls are in order to assure a proper assets protection and why internal audit, rather than the management, should be the most eligible to undertake this responsibility. Also we provided some suggestions regarding the main activities that must be taken into consideration by an internal audit professional when is being involved in a monitoring process of internal control system. We do believe that this paper will be the starting point for new

  15. The recommendations of the International Commission on Radiological Protection

    International Nuclear Information System (INIS)

    Vennart, J.

    1983-01-01

    The most recent recommendations of the International Commission on Radiological Protection in its Publication 26 differ from all those made earlier by being based quantitatively on the risk of deleterious effects. Two types of effect are considered: stochastic and non-stochastic effects. The recommended dose limits are designed to avoid non-stochastic effects and reduce the risks of stochastic effects to acceptable values. The dose equivalent limits are only part of a much wider system that requires justification for the use of sources of ionizing radiation and consideration of costs and benefits to ensure that doses are kept as low as reasonably achievable. Annual Limits for Intakes (ALIs) of radionuclides by workers are recommended in ICRP Publication 30 and the dosimetric models and sources of data used to derive these values are described. ICRP are currently considering a statement about values of ALI for members of the public. The many factors by which these would differ from those recommended for workers are discussed. (author)

  16. To be or not to be an auctioneer: Some thoughts on the legal nature of online eBay auctions and the protection of consumers

    OpenAIRE

    Riefa, C

    2008-01-01

    This paper discusses the legal classification of online “eBay” auctions. The discussion has key implications on the scope of consumer protection law as sale by auctions are, for example, excluded from the scope of the Consumer Protection (Distance Selling) Regulations 2000. The paper uncovers that online “eBay” auctions cannot always be considered as traditional auctions and that eBay, as an intermediary, is not to be considered as an auctioneer. This creates difficulties associated with a di...

  17. 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…

  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. 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

  20. Abstracts of 21. International Symposium Radiation Protection Physics

    International Nuclear Information System (INIS)

    1989-01-01

    45 papers are presented as titles with abstracts which are processed individually for the INIS data base. They deal with general aspects of radiation protection physics, chiefly problems of radiation detection and measuring techniques in radiation protection

  1. 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...

  2. 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.

  3. 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.

  4. 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

  5. The legal framework for data privacy and protection in smart metering and smart grids; Der Rechtsrahmen beim Datenschutz fuer Smart Metering und Smart Grids

    Energy Technology Data Exchange (ETDEWEB)

    Stamm, Markus [Alcatel-Lucent Deutschland AG, Nuernberg (Germany)

    2011-07-01

    The legal framework for data privacy and protection in Smart Meter and Smart Grid applications has been substantially changed through modifications of the German law on the supply of electricity and gas (Energiewirtschaftsgesetz - EnWG), especially through its sections 21c et seq. Nonetheless, these modifications have on partially attained the goal of the reform, to create a secure legal framework for the use of Smart Meters and Smart Grids, and some of the newly introduced regulations actually decrease the security of the framework through the use of systematically incorrect terminology. This article gives an overview of the content of the key regulations and the issues to be resolved which result from them. (orig.)

  6. The development of international refugee protection through the practice of the UN Security Council

    NARCIS (Netherlands)

    Ahlborn, C.

    2010-01-01

    This paper examines the ambivalent influence of the UN Security Council’s practice on the development of international refugee protection since the early 1990s. While the international refugee protection regime did not originally foresee a role for the Security Council, the increasingly complex

  7. Provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2012-01-01

    Full Text Available Provisions on so-called waiting periods in international investment protection treaties give an investor from one contracting state an opportunity to initiate arbitration against the host state provided that the time designated by the treaty from the date on which the dispute arose has elapsed. The aim of those provisions is to enable parties to the dispute to use this time for consultations and attempt to reach a negotiated settlement. The paper analyzes the attitude of contemporary arbitral practice towards the legal nature and effect of those provisions on tribunals' jurisdiction in investment disputes. The analysis shows gradual and clear shift of position taken by the tribunals in cases in which claimants did not comply with waiting periods. Because arbitral tribunals today are more resolved to penalize premature submission of the dispute to arbitration than they were one decade ago, in the future one can expect much more cautious conduct of potential claimants in this regard.

  8. The value and adaptation of plant uptake models in international trade of produce treated with crop protection products

    DEFF Research Database (Denmark)

    Kennedy, C.; Anderson, J.; Snyder, N.

    2010-01-01

    Crop Protection Product (CPP) national registrations and/or international trade require magnitude and decline of residue data for treated produce. These data are used to assess human dietary risk and establish legal limits (Maximum Residue Limits, MRLs) for traded produce. The ability to predict...... residues based on limited data sets affords business value by enabling informed product development decisions about the likelihood for MRL compliance for varied product use scenarios. Predicted residues can additionally support the design and conduct of time-constrained interdependent studies required...... for product registrations. While advances in predicting residues for the case of foliar applications of CPPs have been achieved, predictions for the case of soil applications of CPPs provide additional challenge. The adaptation of a newly developed dynamic model to CPP product use scenarios will be explored...

  9. Integration of radiation protection in occupational health and safety managementsystems - legal requirements and practical realization at the example of the Fraunhofer occupational health and safety management system FRAM

    International Nuclear Information System (INIS)

    Lambotte, S.; Severitt, S.; Weber, U.

    2002-01-01

    The protection of the employees, the people and the environment for the effects of radiation is regulated by numerous laws and rules set by the government and the occupational accident insurances. Primarily these rules apply for the responsibles, normally the employer, as well as for the safety officers. Occupational safety management systems can support these people to carry out their tasks and responsibilities effectively. Also, a systematic handling of the organisation secures that the numerous duties of documentation, time-checking of the proof-lists and dates are respected. Further more, the legal certainty for the responsibles and safety officers will be raised and the occupational, environment, radiation and health protection will be promoted. At the example of the Fraunhofer occupational safety management system (FrAM) it is demonstrated, how radiation protection (ionizing radiation) can be integrated in a progressive intranet supported management system. (orig.)

  10. International viewpoints on environmental protection: goals and methods

    International Nuclear Information System (INIS)

    Johnston, P.A.; Carroll, S.; Stephenson, A.D.; Stringer, R.L.; Santillo, D.

    1996-01-01

    Environmental protection of natural ecosystems against the effects of radiation has been largely predicated upon human radiological protection regimes. It has been explicitly assumed that if human populations are adequately protected then this will also confer protection to other species at the population level and hence to the 'environment'. Accordingly, non-human organisms have principally been incorporated into regulatory and assessment frameworks in recognition of their role as part of diverse critical pathways of radionuclide transfer to human populations. Hence, the utility of these non-human organisms in assessing hazards to ecosystems is strictly limited since their selection for monitoring purposes relates more to human perspectives than to their role and importance in natural ecosystems. By contrast, a multispecies ecosystem level approach should work on the basis of selecting 'keystone' species and evaluating the effects of radiation upon natural ecosystem dynamics. This would accommodate the full range of sub-lethal effects, differential life-stage sensitivity, reproductive sensitivity and interspecific interactions. While such an approach would undoubtedly improve the current situation, experience from chemical ecotoxicology suggests that the selection and verification of suitable endpoints will prove difficult beyond an organismal level. Thus, a regulatory regime based upon this approach is almost certain to be less than effective at protecting the environment. The precautionary approach to environmental protection has largely grown from an awareness of the limitations of ecotoxicological studies and protocols. This paper, therefore, considers the need for application of such an approach in relation to environmental protection requirements of the nuclear industry

  11. The protection of the accused in international criminal law according to the Human Rights Law Standard

    Directory of Open Access Journals (Sweden)

    Karolina Kremens

    2011-12-01

    Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

  12. A Survey of the doctrine of protection responsibility in the Islamic legal system with emphasis on the national security

    Directory of Open Access Journals (Sweden)

    Hossein Sartipi

    2015-04-01

    Full Text Available In spite of that international community have seen very huge progress in different aspects of international law , especially in humanitarian law , but unfortunately it is in front of a lot of big crisis yet ; these crisis had attacked the body, wealth and security of many humans and also had attacked the authority and national security of many countries. Insufficiency of humanitarian introversion and its contrary with international regulations and also insufficiency of international security had forced international jurists to open new notions as the responsibility to protect in international area. according to this theory that criticized in the articles of 138 and 139 of the 2005 world summit outcome , each country has the responsibility to protect of it nationals against Genocide , war crimes , race cleansing and crimes against humanity an in the case of failure of responsible country , international community through united nation organization has responsibility to protect of humanity by restore to peaceful diplomatic and humanitarian instruments including other peaceful instruments mentioned in the sixth and seventh chapter of the charter of the united nations against Genocide , war crimes , race cleansing and crimes against humanity . The Security Council and some countries based their actions of intervention on the responsibility to protect in the crisis such as Sudan, Iraq, former Yugoslavia and Georgia. This theory that commenced during 90th decade recognized by the 2005 and 2009 world summit outcome and also welcomed by the international community has very strong bases in Islamic rules and we can find some roots for it in holy Qur'an and holy prophets jurisprudence. it is obvious that the acceptance and applying with the responsibility to protect or non observance to it ,will influence the national and international security. جامعه بین‌المللی به‌رغم پیشرفت‌های شگرفی که در عرصه‌های

  13. A U.S. Perspective on Nuclear Liability: A Continuing Impediment to International Trade and Public Protection

    International Nuclear Information System (INIS)

    Brown, O. F.

    2008-01-01

    More than two decades after the 1986 events at Chernobyl demonstrated nuclear power plant accidents can have cross-border consequences, there still is not a unified international legal regime for liability associated with nuclear accidents. This continues to present an impediment to international nuclear trade and protection of the public. Liability potentially associated with international nuclear commerce remains a labyrinth of statutes and treaties not yet interpreted by the courts. Countries with a majority of the world's 439 operating nuclear power plants are not yet parties to any nuclear liability convention in force. The global Vienna Convention on Civil Liability for Nuclear Damage now covers only about 73 operating nuclear power plants; the regional Paris Convention on Third Party Liability in the Field of Nuclear Energy now covers about 126; and, the Joint Protocol that links those two Conventions covers only about 68. The best solution would be for more countries to join the United States (with 104 operating nuclear power plants) in ratifying the Convention on Supplementary Compensation for Nuclear Damage (CSC) adopted by the International Atomic Energy Agency (IAEA) in 1997. As soon as the CSC enters into force, it will cover more nuclear power plants than either the Vienna or Paris Convention. This presentation also provides an update on insurance coverage in the United States for acts of terrorism.(author)

  14. International Experiences with Economic Incentives for Protecting the Environment (2004)

    Science.gov (United States)

    This 2001 report finds that over the last 20 years, and particularly during the past decade, economic incentives have been increasingly used to control pollution and improve environmental and health protection.

  15. EU data protection and smart metering. Legal boundary conditions; EU-Datenschutz und Smart Metering. Rechtliche Rahmenbedingungen

    Energy Technology Data Exchange (ETDEWEB)

    Hladjk, Joerg [Praxisgruppe European Data Protection and Privacy, Hunton and Williams, Bruessel (Belgium)

    2011-07-01

    With the introduction of smart metering, the problem of data protection arises. The independent Article 29 Data Protection Group of the European Commission drew up an expert opinion with the intention of explaining the applicable EU data protection regulations for the smart metering technology in the power supply sector. (orig.)

  16. Basic principles of legal protection with regard to the intraorganisational rights and duties of corporate bodies and their organs

    International Nuclear Information System (INIS)

    Bethge, H.

    1980-01-01

    While the foundations of disputes concerning the rights and duties of organs under constitutional order are laid down in the Basic Law and in the constitutional order, the dispute concerning the rights and duties of organs under administrative law has been elaborated by administrative jurisdiction and legal science. The author treats major aspects in form of theses. They have to be considered in the formal and material preparation of problems and in the (administrative-) procedural transfer of problems. Competencies assigned to the organs of corporate bodies may be understood as subjective public rights. To open up legally the inner circle of law would not bring about suability automatically. Special circumstances alone would lead to a suable revalorization of competence assignments, as in disputes concerning the rights and duties of organs pertaining to communities, group universities and broadcasting companies. (HSCH) [de

  17. On the authority of the Federal Government to give directions in nuclear law licensing procedures - prerequisites and legal protection

    International Nuclear Information System (INIS)

    Wagner, H.

    1987-01-01

    Due to the differences about the future energy policies between the big political parties there is a growing confrontation between the Federal Government and some Laender about granting licences for the erection and operation of nuclear plants. On this background the author deals with the legal problem if a Land was directed by the Federal Government to grant the atomic licence and the Land would file an appeal. (WG) [de

  18. 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)

  19. 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.

  20. 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.

  1. The International radiation protection association (IRPA) 2010-2011 strategic plan

    International Nuclear Information System (INIS)

    Kase, K.

    2010-01-01

    The membership of IRPA consists of 46 national or regional associate societies, 58 countries and about 17,000 individual members. The goals of IRPA strategic Plan 2008-2012 are: Promote excellence in the conduct of IRPA Promote excellence in national and regional associate societies Promote excellence in radiation protection professionals IRPA is recognized by its members and stakeholders as the international voice of the radiation protection profession. The role of IRPA is to: Provide a medium for communication and advancement of radiation protection throughout the world Encourage the establishment of radiation protection societies Support international meetings Encourage international publications dedicated to radiation protection Encourage the establishment and continuous review of universally acceptable radiation protection standards and recommendations Encourage professional enhancement

  2. FOREIGN AFFAIRS: Internally Displaced Persons Lack Effective Protection

    National Research Council Canada - National Science Library

    2001-01-01

    Internally displaced persons--those forced to flee their homes because of armed conflict and persecution but who remain within their own country are among the most at-risk, vulnerable populations in the world...

  3. Assessment of the international meeting of radiation protection professionals

    International Nuclear Information System (INIS)

    Nikodemova, Denisa; Cabanekova, Helena

    2012-01-01

    The conclusions from and main agenda of the conference are summarized. The conference was divided into 8 sections, dealing with biological effects of ionizing radiation, general aspects of radiation protection, dosimetry and metrology of ionizing radiation, radiation protection problems in nuclear power plants, management of nuclear radiation emergencies, radiation load of patients and staff during medical applications of ionizing radiation (radiodiagnosis, nuclear medicine and radiation oncology), control of exposure to radiation from natural sources in the environment and at workplaces, and education in radiation protection. The programme included round-table discussions devoted to the Fukushima nuclear power plant accident, optimization of the radiation load of children in radiology, and recent advances in the radon risk countermeasures area. (orig.)

  4. 2014 Joint International Accelerator School: Beam Loss and Accelerator Protection

    CERN Document Server

    JAS - Joint US-CERN-Japan-Russia Accelerator School

    2016-01-01

    Many particle accelerators operate with very high beam power and very high energy stored in particle beams as well as in magnet systems. In the future, the beam power in high intensity accelerators will further increase. The protection of the accelerator equipment from the consequences of uncontrolled release of the energy is essential. This was the motivation for organizing a first school on beam losses and accelerator protection (in general referred to as machine protection). During the school the methods and technologies to identify, mitigate, monitor and manage the technical risks associated with the operation of accelerators with high-power beams or subsystems with large stored energy were presented. At the completion of the school the participants should have been able to understand the physical phenomena that can damage machine subsystems or interrupt operations and to analyze an accelerator facility to produce a register of technical risks and the corresponding risk mitigation and management strategie...

  5. 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.

  6. Radiological protection and the Fukushima Daiichi accident. Responses of the key international organisations

    Energy Technology Data Exchange (ETDEWEB)

    Clement, Christopher

    2017-10-01

    The Fukushima Daiichi nuclear power plant accident in March 2011 shook the radiological protection world. All major organisations in the radiological protection field turned their eyes to Japan. Their actions, driven by their mandates, are reflected in their respective landmark reports on the accident. Reports of the International Commission on Radiological Protection, World Health Organisation, United Nations Scientific Committee on the Effects of Atomic Radiation, and International Atomic Energy Agency are summarised. Collaboration between key international organisations is strong, based in part on informal interactions which need to be backed up with formal relations to ensure solid long-term collaboration.

  7. International Commission On Radiological Protection: recommendations relevant to the uranium industry

    International Nuclear Information System (INIS)

    Clement, C.H.

    2010-01-01

    The International Commission on Radiological Protection (ICRP) is an independent, international organization that advances for the public benefit the science of radiological protection, in particular by providing recommendations and guidance on all aspects of protection against ionizing radiation. This presentation touches on aspects of The 2007 Recommendations of the ICRP, a fundamental document that lays out the system of radiological protection for all exposure situations and types, and focuses on other recent publications relevant to the uranium industry. Of particular relevance are the 2009 ICRP Statement on Radon and the accompanying report on lung cancer risk from radon. (author)

  8. Revisiting the Brazilian scenario of registry and protection of cultivars: an analysis of the period from 1998 to 2010, its dynamics and legal observations.

    Science.gov (United States)

    Marinho, C D; Martins, F J O; Amaral, S C S; Amaral Júnior, A T; Gonçalves, L S A; de Mello, M P

    2011-05-03

    During the last 20 years, the national production of grains has increased 156.1%; productivity increased 93.8% and there has been an increase of 29.1% in cultivated area. Currently, agribusiness is responsible for 40% of Brazilian exports. Nevertheless, there is little quantitative information on the main plant species of economic interest that have been registered and protected in the Agriculture, Fisheries and Food Supply Ministry (MAPA) by public and private companies, as well as by public-private partnerships. Consequently, we investigated the registry and protection of 27 species of economic interest, including the 15 that are the basis of the Brazilian diet, based on the information available on the site CultivarWeb, of MAPA, for the period from 1998 to August 30, 2010. We also examined the legislation that regulates registration and protection procedures and its implications for plant breeding and plant product development. It was found that the private sector controls 73.1% of the registrations and 53.56% of the protections, while 10.73% of the protections were of material developed overseas. Public-private partnerships contributed little to the development of new cultivars, with 0.5% of the registries and 3.61% of the protections. We conclude that plant protection directed private investment to development of wheat and rice varieties, with the greatest public investments directed to corn and sorghum. After the Cultivar Protection Law was implemented, there was restriction of access to germplasm banks, which could inhibit advances in Brazilian plant breeding programs, indicating a need for revision of this legal barrier.

  9. Internal Crisis Communication Strategies to Protect Trust Relationships

    DEFF Research Database (Denmark)

    Mazzei, Alessandra; Ravazzani, Silvia

    2015-01-01

    Crisis communication has emerged as a hot topic after the global financial crisis that started in the second half of 2008. A survey of 61 Italian companies examined internal crisis communication strategies and the characteristics of that communication in order to understand the role...... of communication in safeguarding relationships of trust with employees. The main results show that companies have used poorly internal communication as a strategic lever to develop employee commitment and have adopted a broadly defensive approach that may undermine their intangible assets. The study offers...

  10. 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.

  11. Professional radiation protection societies and the international organizations – exploiting the synergies

    Energy Technology Data Exchange (ETDEWEB)

    Metcalf, Phil

    2013-07-01

    Radiation protection covers many disciplines from science through philosophy to law, and interacts with many human activities and endeavors. Professional societies for radiation protection were established and evolved throughout the second half of the twentieth century in many countries, and presently represent more than twenty thousand professionals working in more than fifty countries. During the same period a number of international organizations were established, some devoted to radiation safety, others with a role to play in radiation safety; such organizations being either independent non-governmental organizations or intergovernmental organizations of both regional and international dimensions. The national, regional and international radiation protection societies and associations have become the vehicle to provide this conduit from the profession to the international organizations. This is achieved by IRPA having representation within the relevant committees of the various international bodies, such as the Radiation Safety Standards Committee (RASSC) of the IAEA. At a national level radiation protection professionals can gain access to all international developments in radiation protection through the national societies and their interactions with IRPA and also as individual members of IRPA. The possibility to provide consolidated comment and feedback to the international organizations through national societies provides excellent opportunities for societies to organize national workshops and discussion platforms on all important areas of radiation protection.

  12. International action strategies for the protection of the earth's atmosphere. Internationale Handlungsstrategien zum Schutz der Erdatmosphaere

    Energy Technology Data Exchange (ETDEWEB)

    Nachtigaeller, J [Deutsches Uebersee-Institut, Hamburg (Germany). Inst. fuer Allgemeine Ueberseeforschung

    1991-01-01

    The present three conventions - the already adopted convention for protection of the ozone layer, the convention as regards the abatement of trace gas pollution, and the convention for conserving the tropical woods, could all culminate in an international convention for protection of the earth's atmosphere, which would have to comprise comprehensive regulations for an international environment policy and an international environment fund. In addition, an international environment convention should have the aim of sustainable development in all countries, leaving living conditions intact, taking account of the requirements of future generations, and helping the Third World to overcome its poverty in particular. (orig./HSCH).

  13. International Training Course on Physical Protection (ITC-25) Report.

    Energy Technology Data Exchange (ETDEWEB)

    Overholt, Michelle Jungst [Sandia National Lab. (SNL-NM), Albuquerque, NM (United States)

    2015-06-01

    The goal of this evaluation repor t is to provide the informa tion necessary to improve the effectiveness of the ITC provided to the In ternational Atomic Energy Agency Member States. This report examines ITC-25 training content, delivery me thods, scheduling, and logistics. Ultimately, this report evaluates whether the course pr ovides the knowledge and skills necessary to meet the students' needs in the protection of nuclear materials and facilities.

  14. Extraterritoriality in International Law : The Case of EU Climate Protection

    NARCIS (Netherlands)

    Dobson, N.L.

    2018-01-01

    While the international climate regime has recently taken considerable strides, the post-Paris era leaves states with much discretion as to the ambition of their climate change policies. Over the past years, this pervasive ‘ambition gap’ has led the European Union (EU) to take provocative unilateral

  15. Enhancement of radiological protection through an internal quality assessment cycle

    International Nuclear Information System (INIS)

    Figueiredo, Filipe Morais de; Gama, Zenewton Andre da Silva

    2012-01-01

    Objective: To determine the level of quality in radiation protection of patients during radiological examination, evaluating the effectiveness of an intervention aimed at enhancing the quality of such a protection. Materials and Methods: A quality improvement cycle was implemented in a radiology service of the Regional Health Administration, in Algarve, Portugal. Based on six quality criteria, an initial evaluation was performed and followed by an intervention focused on the most problematic points (over an eight-month period) and a subsequent quality reassessment. A random sampling (n = 60) has allowed the authors to infer the point estimates and confidence intervals for each criterion, as well as calculating the statistical significance of the results by means of the Z-test. Results: Initially, deficiencies were observed in relation to all the quality criteria. After the intervention, a minimum relative improvement of 33% was observed in five of the six criteria, with statistical significance (p < 0.05) in two of them. The absolute frequency of noncompliance decreased from 38 (first evaluation) to 21 (second evaluation), corresponding to a 44.7% improvement. Conclusion: The first institutional evaluation cycle showed a seemingly incipient improvement margin. However, the implemented intervention was effective in stimulating good practices and improving the level of radiological protection of patients. (author)

  16. The normative power of the international commission of radiation protection on the approval of the international and communal jurisprudence

    International Nuclear Information System (INIS)

    Lajoinie, O.

    2006-01-01

    From an original synthesis of the jurisprudence given by the regular control agency of the international work organization concerning the Convention OIT 115 relative to the protection of workers against the ionizing radiations, as well as an alternative analysis of a communal jurisprudence (CJCE, C-376/90, 25 November 1992: Commission of the European Communities against the Belgium kingdom), this work aims to bring a new way to see the power that exerts a non governmental organization with a scientific character: the International Commission for Radiologic Protection (ICRP) when it gives its 'recommendations'. (O.M.)

  17. The recommendations 2007 of the International Commission of Radiological Protection (ICRP)

    International Nuclear Information System (INIS)

    Sugier, A.; Lecomte, J.F.; Nenot, J.C.

    2007-01-01

    This article deals with the 2007 Recommendations of the International Commission on Radiological Protection (ICRP), in particular in the situations of emergency exposure, after an accident or to natural radioactivity. (authors)

  18. Studies on legal systems and public decision-making process of the environmental protection and natural conservation; Kankyo{center{underscore}dot}shizenhogo no mirai no tameno koukyoteki kettei to sisutemu ni kansuru kenkyu

    Energy Technology Data Exchange (ETDEWEB)

    Hayashida, Seimei [Hokkaido University, Hokkaido (Japan). Faculty of Law

    1998-12-16

    This study have dealt with the issues of how the policies of environmental and natural protection should be shaped in a democratic society, and what the optimal legal systems should be for realizing the policies. We have analyzed these issues from the following three points of view ; the first one is the legal philosophical issues of justice and moral values among individuals and organizations. Secondly, we analyzed the optimal deterrence system of organizations for pollution controls, etc. We studied crimes and illegal conducts by organizations and corporations themselves, and their employees under the principal-agency model. Third, we looked at the legal system itself and the foundations of environmental issues from the legal-philosophical aspect. Fourth, we analyzed how the social decision-makings on the environmental protection were produced, using the public choice theory. (author)

  19. Current radiation protection activities of the International Atomic Energy Agency

    International Nuclear Information System (INIS)

    Webb, G.A.M.

    1996-01-01

    The International Atomic Energy Agency (IAEA) program of the Radiation Safety Section is described in this paper. The Section has two main components: (1) the development of consensus safety documentation and (2) the use of that documentation as the basis for assisting countries to deal safely with their applications of radiation and radioactivity. Main activities of the section are listed for each of these components. Activities include documentation, coordinated research programs, and assistance to developing countries. 14 tabs

  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. Reflections On Employment Protection Legislation: An International Comparison

    Directory of Open Access Journals (Sweden)

    AMINE SAMIR

    2015-03-01

    Full Text Available In Europe, as in the rest of industrialized countries, reforms of the labour market have generally concerned employment protection legislation (EPL. One of the main missions of this legislation is to insure security for workers, particularly in case of redundancy. The object of this article is to compare the strictness and the degree of rigidity of EPL in two different economies, namely, Canada and France. This choice is justified by the fact that the labour market policies in both countries do not have the same orientation and are based on different ideological references.

  2. 67. Anniversary festival of the VSE 23 May 1981, at Interlaken. [Attitude of VSE to the legal requirements concerning the use of nuclear energy and protection of the public from radiation

    Energy Technology Data Exchange (ETDEWEB)

    1981-10-17

    The meeting report contains six statements relating to the attitude of the Swiss Engineers to the legal requirements concerning the use of nuclear energy and the protection of the public from radiation. These imply that the present laws make it almost impossible to proceed with nuclear energy development. Although a proposed article has been introduced into the constitution accepting nuclear power development in parallel with conventional sources, the legal framework is inadequate to support this in practice.

  3. Social Protection as Development Policy: A New International Agenda for Action

    Directory of Open Access Journals (Sweden)

    François-Xavier Merrien

    2013-06-01

    Full Text Available At the turn of the millennium, social protection became a new priority for both states of the global South and international development policy more generally. As, in the past, social protection policies were considered unsuitable for development countries, the elevation of social protection to the level of a preferred instrument of development marks a fundamental paradigm shift. This shift began in the late 1990s, driven by disenchantment with the results of economic adjustment programmes, the 1997 Asian economic crisis, and a heightened awareness of the negative effects of global poverty. Social protection thus became a preferred instrument of the Millennium Development Goals, while the World Bank promoted social protection as a key component of international poverty reduction strategies (social risk management. The Department for International Development (DfID in the United Kingdom, along with other organisations, promoted a development model centred on the rights of the poor. Successful social protection programmes developed in the Global South – such as Brazilian and South African social pension schemes and conditional cash transfers (CCT established in Mexico and Brazil – were adopted as model programmes at the global level. The purpose of this article is to analyse the emergence of social protection in development policies. From this perspective, it examines the various types of programmes promoted by the international community, with a specific focus on CCT. It concludes with an assessment of the relative appropriateness of social protection policies for developing countries.

  4. Basic safety standards for radiation protection and their application to internal exposures

    International Nuclear Information System (INIS)

    Dousset, M.

    Following a summary of the basic concepts on radiation protection units, the safety standards now in effect in France and those recommended by the International Commission on Radiological Protection (ICRP Publication 9, 1965) to be used as a basis to the next Euratom regulations are developed [fr

  5. Impact of Protected Sleep Period for Internal Medicine Interns on Overnight Call on Depression, Burnout, and Empathy

    Science.gov (United States)

    Shea, Judy A.; Bellini, Lisa M.; Dinges, David F.; Curtis, Meredith L.; Tao, Yuanyuan; Zhu, Jingsan; Small, Dylan S.; Basner, Mathias; Norton, Laurie; Novak, Cristina; Dine, C. Jessica; Rosen, Ilene M.; Volpp, Kevin G.

    2014-01-01

    Background Patient safety and sleep experts advocate a protected sleep period for residents. Objective We examined whether interns scheduled for a protected sleep period during overnight call would have better end-of-rotation assessments of burnout, depression, and empathy scores compared with interns without protected sleep periods and whether the amount of sleep obtained during on call predicted end-of-rotation assessments. Methods We conducted a randomized, controlled trial with internal medicine interns at the Philadelphia Veterans Affairs Medical Center (PVAMC) and the Hospital of the University of Pennsylvania (HUP) in academic year 2009–2010. Four-week blocks were randomly assigned to either overnight call permitted under the 2003 duty hour standards or a protected sleep period from 12:30 am to 5:30 am. Participants wore wrist actigraphs. At the beginning and end of the rotations, they completed the Beck Depression Inventory (BDI-II), Maslach Burnout Inventory (MBI-HSS), and Interpersonal Reactivity Index (IRI). Results A total of 106 interns participated. There were no significant differences between groups in end-of-rotation BDI-II, MBI-HSS, or IRI scores at either location (P > .05). Amount of sleep while on call significantly predicted lower MBI-Emotional Exhaustion (P < .003), MBI-Depersonalization (P < .003), and IRI-Personal Distress (P < .006) at PVAMC, and higher IRI-Perspective Taking (P < .008) at HUP. Conclusions A protected sleep period produced few consistent improvements in depression, burnout, or empathy, although depression was already low at baseline. Possibly the amount of protected time was too small to affect these emotional states or sleep may not be directly related to these scores. PMID:24949128

  6. The Legal Nature of Informed Consent from the Perspective of the Spanish and Brasilian Models of Patient Protection

    Directory of Open Access Journals (Sweden)

    Éfren Paulo Porfirio de Sá Lima

    2017-07-01

    Full Text Available The article presented makes a bibliographical and jurisprudential revision about the juridical nature of informed consent and its respective suitability in the selected list of fundamental rights, through the comparative study of the Brazilian and Spanish models of patient protection. The goal is to demonstrate that the informed consent doesn’t directly constitute a fundamental right in both juridical systems analyzed and that the informed consent protects, essentially, freedom and self-determination in health.

  7. The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

    OpenAIRE

    MSc. Albana Metaj-Stojanova

    2017-01-01

    The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically ov...

  8. 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.

  9. 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.

  10. Personal Information Protection and Legal Regulation on Rubbish Message%个人信息保护与垃圾短信的法律规制

    Institute of Scientific and Technical Information of China (English)

    何国强

    2012-01-01

    The "special rectification activities" cannot solve the rubbish messages which need a comprehensive and systematic legal measures to regulate. The current law mainly regulates rubbish message from the "content", which exists blemish. We should considerate the personal information protection as the breakthrough point, combination with the "behavior" angle. Specifically, we should legislate the personal information protection under the framework of legal provisions, regulate the confidentiality obligations legitimate on the personal information collectors, and the legal responsibilities for the illegal stealing and illegal purveyor. At the same time, we should strengthen the special laws on the rubbish message, regulate the behavior of the operator and SP, protect the personal information and curb the rubbish message according to the common law before the special legislation completion.%垃圾短信的泛滥已非“专项治理活动”所能解决,对垃圾短信的规制需要更加综合性和体系性的法律措施。现行法律规范主要从“内容”界定来规制垃圾短信的方式存在缺陷,应考虑以个人信息保护为切入点,结合“行为”的角度来规制垃圾短信。具体而言,应在个人信息保护立法的框架下,规定个人信息合法收集者的保密义务、非法盗取者和非法传播者的法律责任等内容。同时,加强垃圾短信治理专门法规的建设,对运营商、SP等主体进行规范;并且在特别法立法完成之前,积极利用普通法的一般保护手段对个人信息进行保护,遏制垃圾短信的泛滥。

  11. 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

  12. 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

  13. Recognizing a fundamental liberty interest protecting the right to die: an analysis of statutes which criminalize or legalize physician-assisted suicide.

    Science.gov (United States)

    Tarnow, W J

    1996-01-01

    Physician-assisted suicide is one of the most controversial issues in society today. We live in an age where medical technology has developed so fast and so far that those who would have swiftly succumbed to deadly diseases in the not too distant past are now living, or, rather, being kept alive long past the point of meaningful existence. Although everyone sympathizes with the painful plight of the terminally ill, the specter of physician-assisted suicide gives many pause, and rightfully so: one need only think of the carbon monoxide contraption in the back of Dr. Death's infamous van to realize that society must address the issue of the right to die. Is there any solution to this great debate? In this note, Mr. William Tarnow passionately answers in the affirmative. Mr. Tarnow analyzes the constitutionality of state statutes which either criminalize or legalize physician-assisted suicide under both the Due Process and Equal Protection Clauses of the Constitution of the United States. The note also considers the case law, largely from the federal Ninth Circuit Court of Appeals, invalidating and upholding such statutes under the Constitution. Arguing that there is indeed a constitutional liberty interest in physician-assisted suicide, Mr. Tarnow concludes by suggesting that state legislatures can and must create legislation that legalizes physician-assisted suicide and passes constitutional muster.

  14. Radiation protection legislation in the Nordic countries

    International Nuclear Information System (INIS)

    Persson, L.

    1992-01-01

    A close collaboration exists in the Nordic countries in the field of radiation protection. The radiation protection authorities attach major importance to a uniform interpretation of the international recommendations. The legal situation of the Nordic countries in the radiation protection field will be reviewed with the main emphasis on the new Swedish and Finnish laws. (author)

  15. [National system of protection against electromagnetic fields 0 Hz-300 GHz in the light of current legal regulations].

    Science.gov (United States)

    Aniołczyk, Halina

    2006-01-01

    Exposure to electromagnetic fields (EMF) occurs when man is exposed to the effect of electric, magnetic and electromagnetic fields and contact currents different from those resulting from physiological processes in the organism or other natural phenomena. In Poland, the system of protection against EMF has been functioning for over 35 years. In 2001, when the Minister of Labor and Social Policy issued the regulation introducing the maximum admissible intensities (MAI) for electromagnetic fields and radiation within the range of 0 Hz-300 GHz, the system was directed mainly towards evaluation of exposure to EMF occurring in the occupational environment. The system is linked via MAI values with human protection in the natural environment. In this paper, the background, principles and the range of the national system of protection against EMF and its monitoring are presented. The project of implementation of EU directives, following Poland's accession to the European Union is also discussed.

  16. International coordination of activities for establishing protective measures for the case of accidental release of radioactivity

    Energy Technology Data Exchange (ETDEWEB)

    1986-01-01

    The document discussed here has been submitted to the WHO Regional Committee as a basis for discussion on the international coordination of protective measures in case of large-area radioactive contamination. The document presents the following: a summary of actions taken by the regional office in response to the Chernobyl reactor accident, and of the national and international measures for public health protection after the accident; brief review of actions taken by other international organisations, and the activities proposed by the WHO on a European and on a global level. (orig./HSCH).

  17. The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

    International Nuclear Information System (INIS)

    Zimmermann, B.

    1992-01-01

    The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

  18. Which law can protect lake fundudzi? An interface between water, protected areas, customary and international laws

    CSIR Research Space (South Africa)

    Funke, Nicola S

    2011-07-01

    Full Text Available Place of worship for Tshiavha clan; forms part of larger network of pools, groves and waterfalls which must be protected according to Venda culture to ensure good annual rainfalls and fertile soils. Tshiavha people believe the lake is inhabited...

  19. Participation of a Representative of a Foreign Country in the Procedure of the Legal Proceedings in the Republic of Kazakhstan

    Science.gov (United States)

    Akhmetzakirov, Nail R.; Omarov, Yerbol A.; Mussilimov, Arman Y.

    2016-01-01

    The paper deals with the problem of foreigners' rights and freedoms protection during the criminal procedure in The Republic of Kazakhstan. The comparative analysis of national and international legal framework shows that principles of legal defense of foreigners' interests do not have a practical application. Examining the content of requests on…

  20. Development of the practical application of the recommendations of the international commission on radiological protection

    International Nuclear Information System (INIS)

    Dunster, H.J.

    1998-01-01

    The International Commission on Radiological Protection grew out of the International X-ray and Radium Protection Commission set up in 1928. Its Recommendations have developed from simple prescriptive rules for protecting the medical staff using x rays and radium to a complete System of Protection for all human activities that involve exposure to ionizing radiation. The Commission is satisfied that some of the health effects of radiation are caused, albeit with small probabilities, by small doses. Its System of Protection is therefore risk-based. It is no longer prescriptive and has to be applied with judgement. The basis of that judgement and the framework for its application are set out in ICRP Publication 60, the 1990 Recommendations of the Commission