28 CFR 2.17 - Original jurisdiction cases.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Original jurisdiction cases. 2.17 Section... Original jurisdiction cases. (a) Following any hearing conducted pursuant to these rules, the Regional Commissioner may designate that a case should be decided as an original jurisdiction case. If the Regional...

40 CFR 1508.15 - Jurisdiction by law.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Jurisdiction by law. 1508.15 Section 1508.15 Protection of Environment COUNCIL ON ENVIRONMENTAL QUALITY TERMINOLOGY AND INDEX § 1508.15 Jurisdiction by law. Jurisdiction by law means agency authority to approve, veto, or finance all or part of the...

Aspects of the application of issue Estoppel on directors’ fiduciary duties in South Africa: possible lessons from the United Kingdom and related jurisdictions Royal Sechaba case

Directory of Open Access Journals (Sweden)

Howard Chitimira

2017-10-01

Full Text Available The doctrine of estoppel precludes a person (asserter from asserting something different or contrary to what is implied by a previous action, conduct or statement of that person or by a previous pertinent judicial determination. While there are various types of estoppel, this article is primarily focused on the application of issue estoppel in relation to certain aspects of the directors’ fiduciary duties in South Africa (s 76 of the Companies Act 71 of 2008 (Companies Act 2008, in light of the judgment in Royal Sechaba v Coote (366/2013 [2014] ZASCA 85 (30 May 2014 (Royal Sechaba case. Issue estoppel could be defined to include instances where a person is precluded from re-litigating or raising a particular issue in a cause of action that was previously decided by a final judgment of a competent court between the same parties in future cases that have a different cause of action involving such parties. Issue estoppel is closely related to res judicata. For instance,both issue estoppel and res judicata are generally aimed at preventing the re-litigation of the same issues and same cause of actions that were previously decided by a final judgment in the relevant courts between same parties. Nonetheless, it is widely acknowledged that the application these two concepts is quite different in practice. For instance, some jurisdictions such as the United Kingdom (UK and South Africa employs English law and Roman-Dutch law (common law principles respectively, to distinguish between issue estoppel and res judicata. Likewise, similar common law principles are employed in the United States of America (USA, Canada and Australia to distinguish res judicata and issue estoppel in various ways. For example, issue estoppel is sometimes referred to as collateral estoppel, issue preclusion, claim preclusion or cause of action estoppel in USA, Canada and Australia. Despite this, it should be noted that a detailed discussion of the different requirements, merits

30 CFR 282.10 - Jurisdiction and responsibilities of Director.

Science.gov (United States)

2010-07-01

... part and are under the jurisdiction of the Director: Exploration, testing, and mining operations... 30 Mineral Resources 2 2010-07-01 2010-07-01 false Jurisdiction and responsibilities of Director... Jurisdiction and Responsibilities of Director § 282.10 Jurisdiction and responsibilities of Director. Subject...

Marine Jurisdiction Boundaries

Data.gov (United States)

Department of Homeland Security — The NOAA Coastal Services Center's Marine Jurisdiction dataset was created to assist in marine spatial planning and offshore alternative energy sitting. This is a...

Maritime zones and the new provisions on jurisdiction in the 1997 Vienna protocol and in the 1997 Convention on Supplementary Compensation

International Nuclear Information System (INIS)

Gioia, A.

1999-01-01

The issue of maritime zones and the new provisions on jurisdiction in the 1997 conventions are discussed. The relations between the international law of the sea and maritime zones, and civil jurisdiction for acts outside a state's territory are presented. Main implications of the new provisions are discussed. (K.A.)

Marine Jurisdictions Database

National Research Council Canada - National Science Library

Goldsmith, Roger

1998-01-01

The purpose of this project was to take the data gathered for the Maritime Claims chart and create a Maritime Jurisdictions digital database suitable for use with oceanographic mission planning objectives...

Page TOWARDS CONTAINING THE JURISDICTIONAL PROBLEMS ...

African Journals Online (AJOL)

Fr. Ikenga

General's argument and asserted jurisdiction over the website owner based in .... would be false to claim that the webpage was anywhere else but on the ... 31 See W. Byassee, “Jurisdiction of Cyberspace: Applying Real World ... and Spread of Nationalism, Macmillan, London, 1983, p. ..... 45 Cable News Network, L.P. v.

Federal/State Jurisdictional Split: Implications for Emerging Electricity Technologies

Energy Technology Data Exchange (ETDEWEB)

Dennis, Jeffery S. [Akin Gump Strauss Hauer & Feld LLP, Washington, DC (United States); Kelly, Suedeen G. [Akin Gump Strauss Hauer & Feld LLP, Washington, DC (United States); Nordhaus, Robert R. [Van Ness Feldman, LLP, Washington, DC (United States); Smith, Douglas W. [Van Ness Feldman, LLP, Washington, DC (United States)

2016-12-01

The first Administration-wide Quadrennial Energy Review (QER), released in April 2015, found that the “interacting and overlapping” division of authority between “federal, regional and state institutions and regulatory structures” for the electricity sector could “impede development of the grid of the future [and] . . . the development of markets that efficiently integrate” new and emerging technologies.1 While “technology is indifferent to state-Federal boundaries and jurisdictions,” the QER explained, “technology users cannot be.”2 The report concluded that “[b]oth Federal and state governments need to play constructive and collaborative roles in the future to ensure that consumers and industry are able to maximize the value of new technologies.”3 The QER recommended that the Department of Energy (“DOE”) facilitate such collaboration by playing a “convening role” to bring together state and federal regulators and other stakeholders to consider these issues.4 This paper provides background and analysis on these jurisdictional issues and the impact they may have on adoption of emerging energy technologies and coordination of markets for those technologies, in support of future dialogs on these subjects. In particular, this paper reviews the structure of the Federal Power Act (“FPA”),5 and compares the division of authority between the federal and state governments adopted there with other federal energy and energy-related statutes.

43 CFR 4.1101 - Jurisdiction of the Board.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Jurisdiction of the Board. 4.1101 Section... APPEALS PROCEDURES Special Rules Applicable to Surface Coal Mining Hearings and Appeals General Provisions § 4.1101 Jurisdiction of the Board. (a) The jurisdiction of the Board, as set forth in § 4.1(b)(3...

Stillbirth and the law: options for law reform and issues for the coronial jurisdiction.

Science.gov (United States)

Freckelton, Ian

2013-09-01

In spite of its relative frequency, stillbirth is a phenomenon that has been relatively little discussed and requires further research for comprehensive clinical understanding. It impacts upon the legal system by way of the need to determine whether a life has come into being such that legal consequences such as criminal law, probate law and the coronial jurisdiction can attach to it. This requires contemporary clinically informed interpretation and application of the ancient "born alive rule" in respect of the ramifications of matters such as pulseless electrical activity in the heart, brain activity and agonal gasping. In the coronial domain, arguments have been put in South Australia, Victoria and Northern Ireland in recent cases and discussion has taken place publicly about whether coroners should be permitted to investigate and make findings and recommendations about cases of stillbirth. The article identifies merit in principle in such a development but highlights the need for care about such reform to the law lest it engender inconsistency in respect of important threshold definitions of "life" and "death" lest it generate incoherent approaches of the law on the subject, and lest it have unforeseen counter-therapeutic consequences for the grieving parents of infants who have been stillborn. It notes, too, that such a change to the ambit of coronial jurisdiction would have important resourcing ramifications.

15 CFR 990.41 - Determination of jurisdiction.

Science.gov (United States)

2010-01-01

...) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE OIL POLLUTION ACT REGULATIONS NATURAL RESOURCE DAMAGE ASSESSMENTS Preassessment Phase § 990.41 Determination of jurisdiction. (a... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Determination of jurisdiction. 990.41...

Is optimum and effective work done in administrative jurisdiction

International Nuclear Information System (INIS)

Hoecht, H.

1980-01-01

Is optimum and effective work done in administrative jurisdiction. The author describes the general situation prevailing in administrative jurisdiction. He gives tables on the number of subjects received per annum, of judges administering justice and figures on executed and non-executed proceedings. He reports on districts of jurisdiction, personnel, court administration and the amount of work. The investigation into administrative jurisdiction has shown accomplishments for 1978 which are not bad at all. Sporadic administrative shortcomings are to be realized and put to an end. (HSCH) [de

Permissions and Prohibitions in Data Protection Jurisdiction

NARCIS (Netherlands)

Taylor, M.S.C.

Under public international law, a State has a right to exercise jurisdiction and is expected to show restraint when applying extraterritorial jurisdiction. The EU’s Data Protection Directive is far-reaching and has notable effects beyond its territory. The General Data Protection Regulation could

18 CFR 39.2 - Jurisdiction and applicability.

Science.gov (United States)

2010-04-01

... RELIABILITY STANDARDS § 39.2 Jurisdiction and applicability. (a) Within the United States (other than Alaska... Reliability Standards established under section 215 of the Federal Power Act and enforcing compliance with... jurisdiction under paragraph (a) of this section shall comply with applicable Reliability Standards, the...

Conflicts of Jurisdiction in Criminal Proceedings

Directory of Open Access Journals (Sweden)

Mihail Silviu Pocora

2015-05-01

Full Text Available This paper will consider the practical settlement of conflicts of jurisdiction both in relation to the forum for prosecution and transfer of proceedings. The corollary of free movement of people is free movement of judgments, sentences and related powers of investigation and prosecution. Cross border crime requires to be addressed by equipping law enforcement and prosecution authorities with mechanisms to ensure the public interest in the investigation and prosecution of crime is met. The starting point for any consideration is the place where the criminal conduct took place. Sometimes the crime is such that criminal jurisdiction will be fixed - such as theft of property, crimes of violence - where others have an impact or criminal conduct in more than one jurisdiction - drug importation, major transnational drug dealing, human trafficking, terrorism.

43 CFR 24.3 - General jurisdictional principles.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false General jurisdictional principles. 24.3 Section 24.3 Public Lands: Interior Office of the Secretary of the Interior DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE POLICY: STATE-FEDERAL RELATIONSHIPS § 24.3 General jurisdictional principles. (a) In...

Jurisdiction of the international Criminal Court: Analysis, loopholes ...

African Journals Online (AJOL)

Jurisdiction of the international Criminal Court: Analysis, loopholes and challenges. ... Journal Home > Vol 3 (2012) > ... One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case.

Jurisdiction by Necessity and the Regulation of the Transnational Corporate Actor

Directory of Open Access Journals (Sweden)

Chilenye Nwapi

2014-02-01

Full Text Available This article examines the feasibility of using the jurisdiction by necessity doctrine to promote the accountability of transnational corporations (TNCs for extraterritorial human and environmental rights abuses committed in developing countries with weak accountability mechanisms. Under the doctrine, a court devoid of jurisdiction may nevertheless hear a dispute where it considers that there is no other court where the dispute may be heard or where the plaintiff may be reasonably expected to bring the action. The article analyzes the inadequacy of existing jurisdictional doctrines in light of the complex web of operations of TNCs, which shields them from the reach of traditional jurisdictional doctrines. After exploring the origin of the jurisdiction by necessity doctrine, the article critically examines the elements of the doctrine to see how they may be applied to the regulation of TNCs. The article argues that the emergence of the jurisdiction by necessity doctrine offers plaintiffs in transnational corporate human rights litigation a new jurisdictional possibility to weigh, as the doctrine has the potential to address some of the jurisdictional difficulties encountered in such litigation.

THE USE OF OFFSHORE JURISDICTIONS IN INTERNATIONAL FINANCIAL FITTINGS

Directory of Open Access Journals (Sweden)

DANIELA RADU

2012-05-01

Full Text Available Essential legal and financial Structures, sometimes complex, had until recently been small and medium entrepreneurs away from the use of offshore jurisdictions, but the constraints of increasingly heavy taxation of excessive in certain States, you push even those with limited resources to use in these jurisdictions to protect revenue. The purpose of this research is to analyze the offshore jurisdictions in order to determine the possibilities of useof their disadvantages in order to improve measures to combat tax evasion, as well as for the use of their advantages in order to reduce illegal migration and regular employment of capital through the analysis of specific cases of the use of offshore jurisdictions – Case Frabklin Jurado, The Bank of Commerce and Credit InternationalAmerican Express Bank International. Scientific novelty and originality of the investigation consists of:-the identification on the basis of international practice, some offshore jurisdictions specific items in order to reflect their fiscal policies (trade and investment, etc.-analysis of cases of the use of offshore jurisdictions in international financial fittings (such as the Bank of Credit and Commerce International; Franklin Jurado; American Express Bank International,-identification of the impact paradisurilor tax and offshore financial centres of the world economy– revealing secret financial transactions carried out within the framework of ofssore, research instruments jurisdictions and management techniques of cadrulacestor tax jurisdictions.It is interesting to be seen through the prism of analysis of economic-fiscal financiare if a competition is beneficial or not for the welfare of States and to what extent this competition will have a say in future developments and tax paradisurilor finanaciare offshore centres. In conclusion, I appreciate that in order to survive successfully in the global economy of the future, offshoreJurisdictions should promote a

Delays in Medical Malpractice Litigation in Civil Law Jurisdictions

DEFF Research Database (Denmark)

Grembi, Veronica; Garoupaa, Nuno

2013-01-01

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several...... reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction...

Responding to Public Health Emergencies on Tribal Lands: Jurisdictional Challenges and Practical Solutions.

Science.gov (United States)

Barnard, Justin B

2015-01-01

Response to public health emergencies on tribal lands poses a unique challenge for state and tribal public health officials. The complexity and intensely situation-specific nature of federal Indian jurisprudence leaves considerable question as to which government entity, state or tribal, has jurisdiction on tribal lands to undertake basic emergency measures such as closure of public spaces, quarantine, compulsory medical examination, and investigation. That jurisdictional uncertainty, coupled with cultural differences and an often troubled history of tribal-state relations, threatens to significantly impede response to infectious disease outbreaks or other public health emergencies on tribal lands. Given that tribal communities may be disproportionately impacted by public health emergencies, it is critical that tribal, state, and local governments engage with each other in coordinated planning for public health threats. This Article is offered as a catalyst for such planning efforts. The Article identifies some of the most pressing jurisdictional issues that may confront governments responding to a public health emergency on tribal lands, with the aim of highlighting the nature of the problem and the need for action. The Article goes on to examine the most promising means of addressing jurisdictional uncertainty: intergovernmental agreements. Already utilized in many areas of shared interest between tribe and state, intergovernmental agreements offer neighboring state, local, and tribal governments a vehicle for delineating roles and authorities in an emergency, and may lay the groundwork for sharing resources. The Article surveys various representative tribal public health intergovernmental agreements, and concludes with suggestions for tribes and state or local governments looking to craft their own agreements.

Secrecy Jurisdictions

OpenAIRE

Schjelderup, Guttorm

2015-01-01

This paper surveys tax haven legislation and links the literature on tax havens to the literature on asymmetric information. I argue that the core aim of tax haven legislation is to create private information (secrecy) for the users of tax havens. This leads to moral hazard and transaction costs in non-havens. The business model of tax havens is illustrated by using Mauritsius and Jersey as case studies. I also provide several real world examples of how secrecy jurisdictions le...

38 CFR 1.956 - Jurisdiction.

Science.gov (United States)

2010-07-01

... Referrals to Gao, Department of Justice, Or Irs § 1.956 Jurisdiction. (a) The regional office Committees are... loan defaults as well as from other overpayments of educational assistance benefits) or insurance...

Text Mining of Supreme Administrative Court Jurisdictions

OpenAIRE

Feinerer, Ingo; Hornik, Kurt

2007-01-01

Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Au...

The Military Extraterritorial Jurisdiction Act

National Research Council Canada - National Science Library

Kerrigan, Kathleen

2004-01-01

.... Its interpretation affects both national security and the rights of American citizens overseas. This statute gives the United States judicial system the ability to exercise jurisdictional control over American civilians committing felonies on foreign soil...

Dealing with duplicate regulations and conflicting jurisdictions

International Nuclear Information System (INIS)

Aamodt, P.L.

1991-01-01

There are a number of situations where mixed wastes are regulated by dual regulations and regulators. This presentation attempts to show where such duplication exists and how it evolved historically through legislative actions. The presentation includes a discussion of strategies that have been used to deal with the problems that result from duplicate regulations and jurisdictional conflicts. The RCRA and AEA regulations are really more similar than dissimilar. There are significant issues that must be worked through with the regulators. It is most important to work with your regulators early in process. The following are suggestions for dealing with the regulators. (1) Know the regulations in advance of discussions. (2) Begin dialogue with the regulator(s) as early as possible and get to know the people you will be dealing with -- and let them know you. (3) Explain the technical/regulatory issues/problems that you face at your facility in sufficient detail that they are clearly understood, and work with the regulator(s) to reasonably address them in the language/requirements of the permit. (4) Always attempt to comply with the regulations first before going in with a variance request -- document your efforts, and be honest with your assessment of issues. (5) Don't be adversarial -- remember that the regulator has the same objectives as you do. 1 tab

JURISDICTION, COMPETENT JUDICIAL AUTHORITIES AND PROCEEDINGS UNDER REGULATION (EU NO 650/2012 ON SUCCESSION

Directory of Open Access Journals (Sweden)

Paula Poretti

2016-01-01

Full Text Available Novelties in the field of matters of succession brought by implementation of Regulation (EU No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession are disscused in the paper. Especial emphasis is on jurisdiction, competent judicial authority and proceedings under Regulation on succession. In this sense, in the first part of the paper detailed analysis of provisions of Commission Implementing Regulation (EU No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation (EU No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession and provisions of Croatian Law on implementation of Regulation (EU No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession is provided. In the second part of the paper case C404/14 Matoušková v. Republic of Czech is presented and difficulties in determining whether the case at issue falls within the scope of Regulation (EC No 2201/2003 or Regulation No 650/2012 on succession which could occur in matters of succession with cross-border implications are reffered to.

5 CFR 1209.2 - Jurisdiction.

Science.gov (United States)

2010-01-01

... APPEALS AND STAY REQUESTS OF PERSONNEL ACTIONS ALLEGEDLY BASED ON WHISTLEBLOWING Jurisdiction and..., proposed, taken, or not taken because of the appellant's whistleblowing activities. (b) The Board exercises..., taken, or not taken because of the appellant's whistleblowing activities. If the action is not otherwise...

75 FR 30301 - Jurisdictional Separations and Referral to the Federal-State Joint Board

Science.gov (United States)

2010-06-01

... FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 36 [CC Docket No. 80-286; FCC 10-89] Jurisdictional Separations and Referral to the Federal-State Joint Board AGENCY: Federal Communications Commission. ACTION... relationships and jurisdictional cost allocation factors used in jurisdictional separations. Extending the...

HOME Participating Jurisdictions Vacant Units Reports

Data.gov (United States)

Department of Housing and Urban Development — This report is an MS Excel spreadsheet broken up by state, similar to the HOME Participating Jurisdiction's Open Activities Reports. The purpose of the HOME...

HOME Participating Jurisdictions Open Activities Reports

Data.gov (United States)

Department of Housing and Urban Development — This report is an MS Excel spreadsheet broken up by state. Participating Jurisdictions can use this report to view open activities in IDIS including activities with...

Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation

DEFF Research Database (Denmark)

Lookofsky, Joseph

In transborder contract litigation place-based factors are often decisive, both as regards jurisdiction to adjudicate as well as the rules which determine the applicable substantive law. Relevant locations include the place where the contract was made, where the parties reside, transact business...... or own property, the place of delivery, payment or other performance etc. Using concrete case-based examples, Professor Lookofsky explains how rules of jurisdiction and contract conflicts in Europe are tied to rigidly defined, single-place-based factors. In the United States, by contrast...

JURISDICTION OVER CRIMES COMMITTED ON BOARD AIRCRAFT IN FLIGHT UNDER THE TOKYO CONVENTION 1963

Directory of Open Access Journals (Sweden)

Iryna Sopilko

2016-12-01

Full Text Available Purpose: the main aim of this paper is to clarify several issues of conflicting jurisdiction over crimes committed on board aircraft in flight. The study will examine the way in which the Tokyo Convention attempts to provide justice in the event of aviation security violations, and discuss its effectiveness in preventing such offences in the future. Methods: formal legal and case-study methods together with inductive reasoning, and comparison were used to analyse the legislation in the area of jurisdiction over crimes and other offences committed on board aircraft in flight. Results: it follows from the study that although the Tokyo Convention has contributed considerably to the establishing of clearer rules of jurisdiction over offences committed on board aircraft, considerable deficiencies of this treaty remain. The results have important implications for international policy-making. Discussion: the results of the study reveal several weaknesses of the Tokyo Convention. Firstly, it does not provide any definition or list of offences to which it applies, instead it relies on national penal laws to do so. In addition, the ‘freedom fighter exception’ and the lack of a strong enforcement mechanism may prove to impede the effective attainment of the Tokyo Convention’s main objectives – that is, to provide justice in the event of aviation security violations, and prevent such offences in the future. Therefore, further improvement in aviation security legislation is necessary to ensure that it is effective and adequate in the challenges faced today.

Page | 14 STATES' CRIMINAL JURISDICTION UNDER ...

African Journals Online (AJOL)

Fr. Ikenga

The criminal jurisdiction of a State's courts under international law is primarily territorial.25 Only under ..... Attorney General of the Government .... also P. Sands, ''After Pinochet : the role of national courts'' in P. Sands (ed) From Nuremberg to ...

The Historical Perspective of Formation of Offshore Jurisdictions as the Global System of Tax Evasion

OpenAIRE

Synyutka Nataliya G.; Synyutka Oleg M.

2017-01-01

The aim of this publication is improving the knowledge about the genesis of formation of offshore jurisdictions. The article characterizes the historical stages of origination of tax havens on the basis of theoretical generalizations and comparing the results of studies and publications on the specified issues. The article identifies the main groups of tax havens: offshores of the colonies of the former British Empire; the European havens; the group of simulators (such as Panama, Uruguay, Dub...

17 CFR 250.8 - Exemption of subsidiaries subject to jurisdiction of Interstate Commerce Commission.

Science.gov (United States)

2010-04-01

... subject to jurisdiction of Interstate Commerce Commission. 250.8 Section 250.8 Commodity and Securities... to jurisdiction of Interstate Commerce Commission. Any subsidiary company of a registered holding company, which subsidiary is subject to the jurisdiction of the Interstate Commerce Commission but is not...

Conflicts of Criminal Jurisdiction in the European Union

Directory of Open Access Journals (Sweden)

Frank Zimmermann

2015-07-01

Full Text Available Conflicts of criminal jurisdiction between the Member States belong to the most difficult challenges that the European Union has to face in order to establish a true “area of freedom, security and justice”. This article starts with an analysis of the interests that are affected by such conflicts: on the one hand, they are most problematic for the individual because they can lead to repeated or simultaneous proceedings in different Member States and forum shopping by prosecution authorities. What is more, they can even make it impossible to foresee whether and how severely an act will be punished. Thus, essential criminal law and procedure guarantees like ne bis in idem, the principle of legality, the right to a court established by law as well as the right to an effective defence are jeopardised. On the other, the Member States involved often have a legitimate interest in prosecution—or non-prosecution—and risk to spend their financial and personnel resources for ineffective parallel proceedings. In order to avoid conflicts of criminal jurisdiction, various models are conceivable. However, the most convincing one—according to the author’s opinion—builds upon a combination of different elements: a hierarchy of jurisdictional links should form the basis, but it would have to be complemented with provisions allowing for more flexibility in precisely defined circumstances. With this in mind, this article calls for the adoption of an EU regulation in order to solve the most urgent problems arising from conflicts of criminal jurisdiction and makes concrete suggestions as to its drafting.

Jurisdiction in international law : United States and European perspectives

OpenAIRE

Ryngaert, Cedric

2007-01-01

This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

New Aspects Regarding the Labour Jurisdiction

Directory of Open Access Journals (Sweden)

Răzvan Radu POPESCU

2012-03-01

Full Text Available The existence of two degrees of jurisdiction, the use of a single way of attack, the recourse, and the suppressing of the attack path of the appeal in the matter of labour conflicts, does not constitute unconstitutional dispositions. They have as finality only the assurance of the rapidity in solving such conflicts, without breaching the constitutional disposition according to which no law can restrict access to justice. I've tried to find the new regulation in this domain very important for those who practice labour law. In the Romanian legislation, the enforcement of the court decisions in the matter of labour conflicts is viewed by the lawmaker with great care, in certain cases the non-execution of a court decision being considered a felony. We think this article is a small step in the disclosure of the problem raised by the labour jurisdiction.

Administrative jurisdiction of customs of Ukraine

OpenAIRE

DOROSH M.M.

2012-01-01

The author describes the customs authorities as subjects of administrative jurisdiction, serving a variety of executive power. The customs authorities of Ukraine in nature play an important role in the law enforcement activities of the state. There is a constant struggle against customs violations.

Administration and Jurisdictional Policy

Directory of Open Access Journals (Sweden)

Eduardo Hernando Nieto

2009-06-01

Full Text Available To what extent does studying jurisdictional politics need the knowledge of different administrative theories in general and the science of public administration in particular? This small text proposes such reflection and comes to the conclusion that it is impossible to propose a new approximation to this topic without considering the administrative theory, for that the specialists and thinkers will get more with the contact of this discipline from what it is called a multidisciplinary approach.

The Expansion of Swiss Criminal Jurisdiction in Light of International Law

Directory of Open Access Journals (Sweden)

Anna Petrig

2013-09-01

Full Text Available Over the last few decades, a global trend of extending the reach of domestic penal power can be observed, namely driven by the changing face of crime as it becomes increasingly transnational in nature. It is demonstrated in this article that the Swiss legislature has clearly followed this global trend of broadening the extraterritorial reach of domestic criminal law, most notably since the 1980s. It has acted with particular resolve in the last decade, adding jurisdictional bases to the Swiss Criminal Code by virtue of which Swiss criminal law can be applied to many instances of conduct taking place abroad. Certain offences – specified crimes against minors and female genital mutilation – have even been subjected to an absolute and unrestricted universality principle. The Swiss legislature is not indifferent to the problems that such an expansive approach to jurisdiction may create, notably in terms of conflicts of jurisdiction. Yet, the rules it adopted to temper the effects of applying Swiss criminal law to extraterritorial conduct only partially remedy the situation. This development in Swiss law begs the question whether such an expansive approach towards jurisdiction is permissible – or even encouraged or requested by international law. Hence, this article explores to what extent international law informs the reach of domestic penal power and concludes that international law is Janus-faced with regard to the question of the geographical scope of domestic criminal law. While some of its rules push for long-arm jurisdiction, others put limits on the domestic legislature’s endeavour to expand the reach of its domestic criminal law. In light of this, the idea of adopting, on an international level, general principles governing the definition of the scope of domestic prescriptive and adjudicative jurisdiction for transnational cases is tempting, albeit difficult to realize.

Why jurisdiction and uranium deposit type are essential considerations for exploration and mining of uranium

International Nuclear Information System (INIS)

Miller, D.

2014-01-01

Uranium is a relatively abundant element, being 25 times more common than silver, and having the same crustal abundance as tin. Economically minable uranium grades vary greatly, from a low of 0.01% U to over 20% U. What are the factors that allow mining of these very low grade ores that are only 50 times background concentrations? Why don’t the high grade deposits of the world exclusively supply all of the worlds newly mined uranium needs? There are two main reasons that the high grade deposits of the world do not exclusively supply all of the worlds newly mined uranium needs: 1) jurisdictional issues, the favorability or lack thereof of governmental policies where the deposit is located and the delays caused by an ineffective or corrupt policy and 2) the deposit type, which has a great influence on the recovery cost of the uranium. The quality of a deposit can override more difficult political jurisdictions if recovery of the investment occurs quickly and in an environmentally friendly way.

EXPORT CONTROLS: Change in Export Licensing Jurisdiction for Two Sensitive Dual-Use Items

National Research Council Canada - National Science Library

Spencer, F

1997-01-01

This report examines the jurisdiction shift of two items, previously controlled by the State Department to the Department of Commerce, and the implications of this change to export licensing jurisdiction...

The res judicata rule in jurisdictional decisions of the international Court of justice

Directory of Open Access Journals (Sweden)

Kreća Milenko

2014-01-01

Full Text Available The author discusses the effects of the res judicata rule as regards jurisdictional decisions of the International Court of Justice. He finds that there exists a special position of a judgment on preliminary objection in respect to both aspects of the res judicata rule - its binding force and finality. A perception of distinct relativity of a jurisdictional decision of the Court, expressing its interlocatory character pervades, in his opinion, the body of law regulating the Court's activity. Preliminary objections as such do not exhaust objections to the jurisdiction of the Court, as evidenced by non-preliminary objections to the jurisdiction of the Court giving rise to the application of the principle compétence de la compétence understood in the narrow sense. With regard to the binding force of a judgment on preliminary objections, it does not create legal obligations stricto sensu. The author finds that the relative character of jurisdictional decisions of the Court as compared with a judgment on the merits is justified on a number of grounds.

Surface rights issues in northeastern B.C

International Nuclear Information System (INIS)

Dellow, L.G.

1998-01-01

Surface rights issues regarding pipelines and flow lines in the province of British Columbia were discussed. The recent legislative developments in the province regarding the jurisdiction of the Mediation and Arbitration Board with respect to geophysical exploration, were reviewed. Applications to the Board are made when there is a refusal on the part of an owner to grant a surface lease satisfactory to the party seeking access to the land. The Board can then convene a mediation hearing to resolve the matter. Recent Mediation and Arbitration Board decisions were reviewed. Prior to 1995, the Board did not deal with cases relating to seismic operations. However, in 1995, the Board received an application from landowners requesting that a hearing be held to assess compensation for damages caused in the course of seismic operations conducted on the landowner's land. The Board decided that it had jurisdiction to hear the case and assess damages. At present, jurisdiction of the Board does not extend to pipelines., a shortcoming that should be remedied in order that the Board can appropriately deal with all intra-provincial pipeline surface right issues. Text of part 3 of the Petroleum and Natural Gas Act and Part 7 of the Railway Act, relevant to the subject under discussion, are appended

Competing jurisdictions : settling land claims in Africa

NARCIS (Netherlands)

Evers, S.; Spierenburg, M.; Wels, H.

2005-01-01

The papers included in this volume were earlier presented at a conference on the settlement of land claims in Africa, which was held in Amsterdam in September 2003. The papers are written primarily from an anthropological perspective. Contributions: Introduction: competing jurisdictions: settling

Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

Energy Technology Data Exchange (ETDEWEB)

Ma, Deqiang [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Fang, Qinhua, E-mail: qhfang@xmu.edu.cn [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Guan, Song [Coastal and Ocean Management Institute, Xiamen University, 361102 (China)

2016-01-15

In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

International Nuclear Information System (INIS)

Ma, Deqiang; Fang, Qinhua; Guan, Song

2016-01-01

In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

Interjurisdictional trading rules and issues

International Nuclear Information System (INIS)

Keizer, C.

2001-01-01

Rules and issues regarding financial transmission rights were presented in this power point presentation which focused on access to the Ontario electricity grid. Power generators submit offers to the independent market operator (IMO) to participate in the IMO dispatch. This presentation covered uniform pricing issues in Ontario, the congestion pricing theory, congestion management, and how congestion pricing can apply to inter-regional trades. Inter-regional trading examples of buying and selling electricity in Ontario were also presented. IMOs have the power to auction transmission rights, which are the financial instrument that protects against exposure to changes in price differences. Initially, this would apply only to price differences between the uniform Ontario price and prices in each zone. The holders of financial transmission rights receive a portion of the congestion surplus collected through the IMO settlements as a result of congestion pricing on the entities. The problem is that this provides no incentive for transmitters. Another problem is that there are different trading regimes in Ontario, but it is preferable to have seamless trading across jurisdictions to promote inter-jurisdictional trading

Sector model analysis of risk on cross-jurisdictional treatment of disaster waste related to the Great East Japan Earthquake

International Nuclear Information System (INIS)

Nagashima, Miori; Itokawa, Etsuko; Ozuka, Yohei

2012-01-01

This study addressed the controversial issue of disaster waste treatment in the reconstruction efforts following the Great East Japan Earthquake. Using the Sector Model (Matsumoto 2009), we categorized a range of actions taken in relation to the cross-jurisdictional treatment into the four sectors, government, industry, academia, and private. The analysis through this Sector Model made it possible to map the entire layout of waste treatment, inclusive of less-visible industry and academia sectors. Accordingly, we have argued that differences of risk awareness are not necessarily due to sector differences but rather depend on two aspects of the disaster waste treatment; the safety levels and the nationwide treatment of waste in Japan. We further suggest that the discrepancy in the arguments on safety levels emerged as a result of scientific under-determination and cross-jurisdictional treatment from social and/or political under-determination. (author)

EPA Region 1 Coast Guard Jurisdictional Boundary - Polygons

Data.gov (United States)

U.S. Environmental Protection Agency — Jurisdictional boundary between EPA and Coast Guard for EPA Region I. Created from 1:100000 USGS DLGs with greater detail drawn from 1:24000 commercial street data...

EPA Region 1 Coast Guard Jurisdictional Boundary - Arcs

Data.gov (United States)

U.S. Environmental Protection Agency — Jurisdictional boundary between EPA and Coast Guard for EPA Region I. Created from 1:100000 USGS DLGs with greater detail drawn from 1:24000 commercial street data...

Jurisdictional Competition Between Private and Public Sector Auditors

DEFF Research Database (Denmark)

Klarskov Jeppesen, Kim

2012-01-01

This paper explores the apparent paradox that while public sector auditors have become more powerful by claiming performance auditing expertise and linking this to New Public Management reforms, the same reforms have provided an opening for competition between private and public sector auditors....... In Denmark, the competitive relation has led to a jurisdictional dispute between public and private sector auditors in which the former have developed a special qualification for public sector auditors. The paper analyses the development of this qualification using Abbott's (1988) theory of the system...... of professions, thus focusing on how the involved groups have attempted to build networks of support for their competing jurisdictional claims of expertise. The case contributes to knowledge about the potential for development of a distinct public sector auditor identity. The case suggests that to develop...

Regulatory and legal issues

International Nuclear Information System (INIS)

Raisler, K.M.; Gregory, A.M.

1999-01-01

This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

Federal Bureau of Investigation (FBI) Field Office Jurisdiction/Divisions

Data.gov (United States)

Department of Homeland Security — This dataset represents the FBI (Federal Bureau of Investigations) national field office jurisdiction/divisional boundary locations. The field offices are centrally...

The Universal Jurisdiction of South African Criminal Courts and Immunities of Foreign State Officials

Directory of Open Access Journals (Sweden)

Evode

2015-12-01

Full Text Available Under the "complementarity" regime of the Rome Statute of the International Criminal Court (ICC, the jurisdiction of the ICC is secondary to the jurisdiction of domestic courts. States Parties, not the ICC, have the primary responsibility of investigating and prosecuting international crimes. The ICC acts only when States are "unable" or "unwilling" to prosecute. As a State Party, in order to give effect to the complementarity principle, South Africa enacted the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, which determines the modalities of prosecuting perpetrators of the crimes of genocide, crimes against humanity and war crimes in South African courts. The Implementation Act also provides that South African courts will have jurisdiction over these crimes not only when they are committed on the territory of South Africa but also when they are committed outside the Republic. By granting South African courts jurisdiction over a person who commits a crime outside the Republic when that person is later found on South African territory, without regard to that person's nationality or the nationality of the victims, the Implementation Act empowers South African courts with universal jurisdiction over international crimes. This paper seeks to determine whether and to what extent foreign State officials, such as foreign heads of State, heads of government and ministers of foreign affairs, can plead immunity when they are accused of international crimes before South African courts when exercising their universal jurisdiction in terms of the Implementation Act and in accordance with the complementarity regime of the Rome Statute. In other words, the article endeavours to determine whether international law rules regarding immunities of State officials may or may not limit the ability of South African courts to exercise universal jurisdiction over international crimes committed in foreign States.

Selected legal and institutional issues related to Ocean Thermal Energy Conversion (OTEC) development

Energy Technology Data Exchange (ETDEWEB)

Nanda, V. P.

1979-06-01

Ocean Thermal Energy Conversion (OTEC), an attractive alternative to traditional energy sources, is still in the early stages of development. To facilitate OTEC commercialization, it is essential that a legal and institutional framework be designed now so as to resolve uncertainties related to OTEC development, primarily involving jurisdictional, regulatory, and environmental issues. The jurisdictional issues raised by OTEC use are dependent upon the site of an OTEC facility and its configuration; i.e., whether the plant is a semipermanent fixture located offshore or a migrating plant ship that provides a source of energy for industry at sea. These issues primarily involve the division of authority between the Federal Government and the individual coastal states. The regulatory issues raised are largely speculative: they involve the adaptation of existing mechanisms to OTEC operation. Finally, the environmental issues raised center around compliance with the National Environmental Policy Act (NEPA) as well as international agreements. 288 references.

28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

African Journals Online (AJOL)

Fr. Ikenga

legal responses by concerned governments or the international community to international crimes. As a result of hard negotiations, it was agreed that the Rome Statute prohibits the ... the ICC may exercise its jurisdiction when the crime is committed on the ..... Human Rights Committee indicates that non bis in idem has only.

Venturing into cyberspace - some legal issues

International Nuclear Information System (INIS)

Gahtan, A.M.

1999-01-01

Issues regarding the use of the world-wide web by oil and gas companies were discussed. A series of overhead viewgraphs were used to illustrate general advertising and promotion issues including liability for links and frames, web site development agreements, and web site hosting agreements. The meaning of industry or product-specific advertising, trade mark infringement implications, the significance of foreign jurisdictions in operating a website, other significant website concepts, and the general principles of website development and attendant legal implications are explored

1/54 CROSS-BORDER JURISDICTION AND ASSISTANCE IN ...

African Journals Online (AJOL)

Dr Tanya du Plessis

2.1 The place of Malaysia and Singapore within common law nations. The history of ..... security to be given by a liquidator50 was held applicable to a company ... jurisdiction restrain a party from proceeding with an action on liability incurred.

New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

Directory of Open Access Journals (Sweden)

Dimitrijević Marko

2016-01-01

Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

15 CFR 806.10 - Determining place of residence and country of jurisdiction of individuals.

Science.gov (United States)

2010-01-01

... DIRECT INVESTMENT SURVEYS § 806.10 Determining place of residence and country of jurisdiction of... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Determining place of residence and country of jurisdiction of individuals. 806.10 Section 806.10 Commerce and Foreign Trade Regulations...

Universal Jurisdiction between Unity and Fragmentation of International Criminal Law

Directory of Open Access Journals (Sweden)

Pasculli Maria Antonella

2011-04-01

Full Text Available This paper represents the outcome of research fellowship Marie Curie at the Universiteit Leiden -Campud Den Haag Grotius, Centre for International Legal Studies (prof. C. Stahn and prof. Larissa van den Herik, supervisors on the topic "The Fragmentation and the Diversification of International Criminal Law in a Global Society”.In my paper I will examine the question of whether Universal Jurisdiction (UJ leads to unity or fragmentation within International Criminal Law (ICL. Given that there is already quite a lot of literature on UJ, it is important to focus the research on the issue of fragmentation and/or unity rather than to deal with the issue of UJ more generally. I will focus on this topic in sections 1 and 2, explaining some cursory remarks to these issues in my analysis on fragmentation. In the introduction, I will briefly introduce UJ as a controversial form of jurisdiction, but still necessary given that territorial jurisdiction does not always function well in the case of international crime. I will demonstrate that many state parties to the International Criminal Court (ICC Statute have vested or reconfirmed UJ for the core crimes when implementing the ICC Statute. The leading question of my research is whether this practice has led or has the potential to lead to unity or rather to fragmentation within ICL. In the research I will approach this question from different perspectives.In section 1 I will examine how State parties have may actually enacted universal jurisdiction for the core crimes, with a view to determining whether there is indeed some unity on this front or whether the practice on this matter is actually rather diverse (or fragmented. Subsequently, I will analyse which conditions States have formulated for the exercise of UJ, and whether this practice is consistent (unity or again rather diverse (fragmentation. It might also be interesting to see whether States have different conditions for UJ over core crimes than

Home birth integration into the health care systems of eleven international jurisdictions.

Science.gov (United States)

Comeau, Amanda; Hutton, Eileen K; Simioni, Julia; Anvari, Ella; Bowen, Megan; Kruegar, Samantha; Darling, Elizabeth K

2018-02-13

The purpose of this study was to develop assessment criteria that could be used to examine the level of integration of home birth within larger health care systems in developed countries across 11 international jurisdictions. An expert panel developed criteria and a definition to assess home birth integration within health care systems. We selected jurisdictions based on the publications that were eligible for inclusion in our systematic review and meta-analysis on planned place of birth. We sent the authors of the included publications a questionnaire about home birth practitioners and practices in their respective health care system at the time of their studies. We searched published peer-reviewed, non-peer-reviewed, and gray literature, and the websites of professional bodies to document information about home birth integration in each jurisdiction based on our criteria. Where information was lacking, we contacted experts in the field from the relevant jurisdiction. Home birth is well integrated into the health care system in British Columbia (Canada), England, Iceland, the Netherlands, New Zealand, Ontario (Canada), and Washington State (USA). Home birth is less well integrated into the health care system in Australia, Japan, Norway, and Sweden. This paper is the first to propose criteria for the evaluation of home birth integration within larger maternity care systems. Application of these criteria across 11 international jurisdictions indicates differences in the recognition and training of home birth practitioners, in access to hospital facilities, and in the supplies and equipment available at home births, which give rise to variation in the level of integration across different settings. Standardized criteria for the evaluation of systems integration are essential for interpreting planned home birth outcomes that emerge from contextual differences. © 2018 Wiley Periodicals, Inc.

Comprehensive Review of Preschool Age Anemia in the Pacific Island Jurisdictions.

Science.gov (United States)

Lin, Tiffany F; Huang, James N; Cash, Haley L

2017-12-01

Anemia can be an indicator of poor nutrition and health, and it can have significant consequences. Children are disproportionately affected by anemia. This comprehensive review summarizes the available literature on anemia prevalence in young children in the islands of the Oceania region. The anemia prevalence, the criteria used for diagnosis, the date the data was reported, and the types of samples collected were reviewed. Anemia prevalence estimates were reported for eighteen of the Pacific Island Jurisdictions. From the fifteen data sources that were evaluable, anemia prevalence ranged from 12.3% to over 70%. A major limitation in the data is a lack of representative primary data from many of the jurisdictions in the region. Prevalance estimates reported for those jurisdictions are estimated by regression analysis from the World Health Organization (WHO). Moreover, the primary data available does not use standardized reporting criteria. Nevertheless, this review serves as a new baseline for further investigations on the prevalence of anemia and a baseline for evaluating public health prevention and treatment measures to detect and improve anemia prevalence in the Pacific.

Inter-jurisdictional cooperation on pharmaceutical product listing agreements: views from Canadian provinces

Directory of Open Access Journals (Sweden)

Morgan Steven G

2013-01-01

Full Text Available Abstract Background Confidential product listing agreements (PLAs negotiated between pharmaceutical manufacturers and individual health care payers may contribute to unwanted price disparities, high administrative costs, and unequal bargaining power within and across jurisdictions. In the context of Canada’s decentralized health system, we aimed to document provincial policy makers’ perceptions about collaborative PLA negotiations. Methods We conducted semi-structured telephone interviews with a senior policy maker from nine of the ten Canadian provinces. We conducted a thematic analysis of interview transcripts to identify benefits, drawbacks, and barriers to routine collaboration on PLA negotiations. Results Canadian policy makers expressed support for joint negotiations of PLAs in principle, citing benefits of increased bargaining power and reduced inter-jurisdictional inequities in drug prices and formulary listings. However, established policy institutions and the politics of individual jurisdictional authority are formidable barriers to routine PLA collaboration. Achieving commitment to a joint process may be difficult to sustain among heterogeneous and autonomous partners. Conclusions Though collaboration on PLA negotiation is an extension of collaboration on health technology assessment, it is a very significant next step that requires harmonization of the outcomes of decision-making processes. Views of policy makers in Canada suggest that sustaining routine collaborations on PLA negotiations may be difficult unless participating jurisdictions have similar policy institutions, capacities to implement coverage decisions, and local political priorities.

Substantive law problems in jurisdiction

International Nuclear Information System (INIS)

Sternberg, D.

1977-01-01

Substantive law problems in nuclear licensing procedure jurisdiction are discussed. Preconditions for the right to file a suit pursuant to section 42, sub-section 2 VwGO are investigated, in the context of which the necessity is pointed out to differentiate between normal operation and possible accidents. Furthermore, comments are made on the definition of 'facility' in terms of nuclear law, the understanding of which is rather decisive for the substantial scope of the nuclear licensing procedures. Also, legal problems are examined which arise from special forms of financing for nuclear power plant projects, in particular in connection with leasing financing. (HP) [de

EPA Region 1 Coast Guard Jurisdictional Boundary - Polygons

Science.gov (United States)

Jurisdictional boundary between EPA and Coast Guard for EPA Region I. Created from 1:100000 USGS DLGs with greater detail drawn from 1:24000 commercial street data for Region I.This layer is used to determine which agency will be reponsible in the event of an oil spill.

EPA Region 1 Coast Guard Jurisdictional Boundary - Arcs

Science.gov (United States)

Jurisdictional boundary between EPA and Coast Guard for EPA Region I. Created from 1:100000 USGS DLGs with greater detail drawn from 1:24000 commercial street data for Region I.This layer is used to determine which agency will be reponsible in the event of an oil spill.

8 CFR 1003.24 - Fees pertaining to matters within the jurisdiction of an immigration judge.

Science.gov (United States)

2010-01-01

... jurisdiction of an immigration judge. 1003.24 Section 1003.24 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.24 Fees pertaining to matters within the jurisdiction of an...

9 CFR 329.4 - Notification of governmental authorities having jurisdiction over article or livestock detained...

Science.gov (United States)

2010-01-01

... authorities having jurisdiction over article or livestock detained; form of written notification. 329.4... governmental authorities having jurisdiction over article or livestock detained; form of written notification. Within 48 hours after the detention of any livestock or article pursuant to this part, an authorized...

A Script Analysis of the Distribution of Counterfeit Alcohol Across Two European Jurisdictions

OpenAIRE

Lord, Nicholas; Spencer, Jonathan; Bellotti, Elisa; Benson, Katie

2017-01-01

This article presents a script analysis of the distribution of counterfeit alcohols across two European jurisdictions. Based on an analysis of case file data from a European regulator and interviews with investigators, the article deconstructs the organisation of the distribution of the alcohol across jurisdictions into five scenes (collection, logistics, delivery, disposal, proceeds/finance) and analyses the actual (or likely permutations of) behaviours within each scene. The analysis also i...

Original jurisdiction of the Superior Administrative Court for litigation on licensing of large-scale commercial plants

International Nuclear Information System (INIS)

Ule, C.H.

1983-01-01

Proceeding from the suggestion of the Bundesrat (Deutscher Bundestag, Document 9/1851) concerning the draft of Rules of the Administrative Courts (VwGO), according to which original jurisdiction of the Higher Administrative Court (OVG) is to be introducing legel actions concerning the licensing of large scale installations in the field of energy, the author points out the now existing regulations and former ones in administrative jurisdiction and criminal jurisdiction by which legal protection is limited to a court of first instance which is competent for fact-finding (e.g. sec. 138 Para. 1 Act of compulsory consolidation of the boundaries of land (FlurbG), sec. 47 Rules of the Administrative Courts (VwGO), sections 24 Para. 1 No. 3, 74 Para. 1 p. 2 Judicature Act (GVG). He tries to transfer the idea of accelerating legal procedure from the model of the Criminal Court in criminal jurisdiction to administrative jurisdiction. Finally, the author examines the question whether cutting down the length of proceedings is really necessary, or if the same result could be reached by making an appeal subject to special admission. (HP) [de

Cleanups In My Community (CIMC) - Brownfields Grant Jurisdictions, National Layer

Data.gov (United States)

U.S. Environmental Protection Agency — This data layer provides access to Brownfields Grant Jurisdictions as part of the CIMC web service. The data represent polygonal boundaries that show different types...

36 CFR 293.10 - Jurisdiction over wildlife and fish.

Science.gov (United States)

2010-07-01

... and fish. 293.10 Section 293.10 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE WILDERNESS-PRIMITIVE AREAS § 293.10 Jurisdiction over wildlife and fish. Nothing in the... States with respect to wildlife and fish in the National Forests. ...

States' criminal jurisdiction under International Law: fostering a ...

African Journals Online (AJOL)

Over the past few years, the extent to which international law allows States to exercise their jurisdiction in criminal matters has been a subject of diplomatic tensions between States. The purpose of this paper is to shed some light, on the question as to what extent a State, powerful or weak, has a right under international law ...

76 FR 76037 - Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain...

Science.gov (United States)

2011-12-06

... Office of the Attorney General; Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country AGENCY: Office of the Attorney General, Department of Justice. ACTION: Final rule... concurrent criminal jurisdiction within the tribe's Indian country, and for the Attorney General to decide...

Fuel Mix Impacts from Transportation Fuel Carbon Intensity Standards in Multiple Jurisdictions

Science.gov (United States)

Witcover, J.

2017-12-01

Fuel carbon intensity standards have emerged as an important policy in jurisdictions looking to target transportation greenhouse gas (GHG) emissions for reduction. A carbon intensity standard rates transportation fuels based on analysis of lifecycle GHG emissions, and uses a system of deficits and tradable, bankable credits to reward increased use of fuels with lower carbon intensity ratings while disincentivizing use of fuels with higher carbon intensity ratings such as conventional fossil fuels. Jurisdictions with carbon intensity standards now in effect include California, Oregon, and British Columbia, all requiring 10% reductions in carbon intensity of the transport fuel pool over a 10-year period. The states and province have committed to grow demand for low carbon fuels in the region as part of collaboration on climate change policies. Canada is developing a carbon intensity standard with broader coverage, for fuels used in transport, industry, and buildings. This study shows a changing fuel mix in affected jurisdictions under the policy in terms of shifting contribution of transportation energy from alternative fuels and trends in shares of particular fuel pathways. It contrasts program designs across the jurisdictions with the policy, highlights the opportunities and challenges these pose for the alternative fuel market, and discusses the impact of having multiple policies alongside federal renewable fuel standards and sometimes local carbon pricing regimes. The results show how the market has responded thus far to a policy that incentivizes carbon saving anywhere along the supply chain at lowest cost, in ways that diverged from a priori policy expectations. Lessons for the policies moving forward are discussed.

33 CFR 2.38 - Waters subject to the jurisdiction of the United States; waters over which the United States has...

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Waters subject to the jurisdiction of the United States; waters over which the United States has jurisdiction. 2.38 Section 2.38 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY GENERAL JURISDICTION...

29 CFR 37.84 - What happens if CRC does not have jurisdiction over a complaint?

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true What happens if CRC does not have jurisdiction over a complaint? 37.84 Section 37.84 Labor Office of the Secretary of Labor IMPLEMENTATION OF THE... Procedures § 37.84 What happens if CRC does not have jurisdiction over a complaint? If CRC does not have...

Competition for Jurisdiction Over Food Industry in South Korea

Directory of Open Access Journals (Sweden)

Sungeun Park

2011-08-01

Full Text Available In spite of the government’s multilateral effort to control food safety, there have been constantly many shock events threatening citizens’ health. This paper points out the matter of food safety management system with a view of competition for jurisdiction over food industry among the Ministry of Health and Welfare and the Ministry for Food, Agriculture, Forestry and Fisheries and affiliated organizations. Use description qualitative method in research. Each ministry has separate basic positions and approaches to food industry policy: regulation and promotion.The policy image has been changed into “regulation” as public anxiety and concern for hazardous foods has grown since the end of 1990. They competeto take charge of promoting or regulating the food industry by establishing or amending laws, expanding organizations and mobilizing a coalition.Coordination by policy committee, cooperation between agencies, and integration of agencies were introduced as measures to eliminate unnecessary competition for jurisdiction.

Original jurisdiction in matters relating to transport of radioactive substances

International Nuclear Information System (INIS)

Anon.

1989-01-01

Decisions on actions for avoidance of government supervision in matters of transport of radioactive substances are placed under the original jurisdiction of administrative courts. (Kassel Administrative Court, decision of 20 December 1988 - 8 A 699/88). (orig.) [de

Nuclear Energy Center Site Survey, 1975. Part IV. Practical issues of implementation

International Nuclear Information System (INIS)

1976-01-01

The objective of Part IV is to assemble, organize, and present facts, analyses, and responsible viewpoints with respect to issues going beyond technical and technical-economic tradeoff considerations that bear on NECs; to identify options; and to analyze and comment on merits of alternative options. Five broad groups of issues addressed include jurisdictional and institutional; economic; social and political; accident risk; national security; and nuclear material safeguards

International Jurisdiction and Commercial Litigation: uniform rules for contract disputes

NARCIS (Netherlands)

H. van Lith (Hélène)

2009-01-01

textabstractThis book deals with judicial jurisdiction of state courts in international disputes, in particular those arising out of transnational commercial contracts entered into between private entities, individuals, and corporations.1 The present study examines whether any common grounds in

The Determination of Jurisdiction in Grid and Cloud Service Level Agreements

Science.gov (United States)

Parrilli, Davide Maria

Service Level Agreements in Grid and Cloud scenarios can be a source of disputes particularly in case of breach of the obligations arising under them. It is then important to determine where parties can litigate in relation with such agreements. The paper deals with this question in the peculiar context of the European Union, and so taking into consideration Regulation 44/2001. According to the rules on jurisdiction provided by the Regulation, two general distinctions are drawn in order to determine which (European) courts are competent to adjudicate disputes arising out of a Service Level Agreement. The former is between B2B and B2C transactions, and the latter regards contracts which provide a jurisdiction clause and contracts which do not.

Cybercrime, digital forensics and jurisdiction

CERN Document Server

Chawki, Mohamed; Khan, Mohammad Ayoub; Tyagi, Sapna

2015-01-01

The purpose of law is to prevent the society from harm by declaring what conduct is criminal, and prescribing the punishment to be imposed for such conduct. The pervasiveness of the internet and its anonymous nature make cyberspace a lawless frontier where anarchy prevails. Historically, economic value has been assigned to visible and tangible assets. With the increasing appreciation that intangible data disseminated through an intangible medium can possess economic value, cybercrime is also being recognized as an economic asset. The Cybercrime, Digital Forensics  and Jurisdiction disseminate knowledge for everyone involved with understanding and preventing cybercrime - business entities, private citizens, and government agencies. The book is firmly rooted in the law demonstrating that a viable strategy to confront cybercrime must be international in scope.

Is jurisdiction ousting policy-making

International Nuclear Information System (INIS)

Fuerst, W.

1981-01-01

This report was given by the President of the Federal Administrative Court at a meeting of the Rechts- und Staatswissenschaftliche Vereinigung (Jurisprudence and Political Science Association) held at Duesseldorf in April 1979. It points out problems arising with the administration of justice in the field of administrative law as well as the limits set to it. If parliaments avoid to take political responsibility, the solving of political conflicts will be shifted to the other two powers. In case of controversy, jurisdiction in the field of administrative law would then have to make the final decision. It is for the legislator to preserve the function of judicial power, i.e., to exact from judges to make political, especially socio-political decisions. (HSCH) [de

47 CFR 76.913 - Assumption of jurisdiction by the Commission.

Science.gov (United States)

2010-10-01

... jurisdiction by the Commission. (a) Upon denial or revocation of the franchising authority's certification, the... continue until the franchising authority has obtained certification or recertification. (b) A franchising... cable service and associated equipment of its franchisee when: (1) The franchising authority lacks the...

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation.

Science.gov (United States)

Grembi, Veronica; Garoupa, Nuno

2013-10-01

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

Regulating (for the benefit of) future persons: a different perspective on the FDA's jurisdiction to regulate human reproductive cloning.

Science.gov (United States)

Javitt, Gail H; Hudson, Kathy

2003-01-01

The Food and Drug Administration (FDA) has taken the position that human reproductive cloning falls within its regulatory jurisdiction. This position has been subject to criticism on both procedural and substantive grounds. Some have contended that the FDA has failed to follow administrative law principles in asserting its jurisdiction, while others claim the FDA is ill suited to the task of addressing the ethical and social implications of human cloning. This Article argues, that, notwithstanding these criticisms, the FDA could plausibly assert jurisdiction over human cloning as a form of human gene therapy, an area in which the FDA is already regarded as having primary regulatory authority. Such an assertion would require that the FDA's jurisdiction extend to products affecting future persons, i.e., those not yet born. This Article demonstrates, for the first time, that such jurisdiction was implicit in the enactment of the 1962 Kefauver-Harris Amendments to the Federal Food, Drug, and Cosmetic Act and that the FDA has historically relied on such authority in promulgating regulations for drugs and devices.

Cross-jurisdictional management of a trophy-hunted species.

Science.gov (United States)

Hochard, Jacob; Finnoff, David

2017-05-07

Gray wolves (Canis lupus) are managed for competing uses in the Greater Yellowstone Ecosystem (GYE). Tourism benefits Yellowstone National Park (YNP) visitors while trophy hunting benefits hunters outside of the park. We investigate the policy scope of gray wolf management across jurisdictional boundaries by incorporating three foundations of the behavioral ecology of wolves: refuge-seeking behavior, optimal foraging group size and territoriality. Tradeoffs between and within consumptive and non-consumptive human benefits and wolf population fitness and life history indicators are quantified as a set of elasticities, providing clear implications to resource managers. Our approach highlights that hunting intensity affects the provision of consumptive and non-consumptive human benefits across jurisdictional boundaries and ought to be managed accordingly. We also show that population levels are an incomplete indicator of species fitness, which may depend on how hunting policies impact underlying group ecology. Our findings suggest traditional optimization approaches to wildlife management may lead to suboptimal policy recommendations when the boundaries on the natural system are oversimplified. Highlighting the human element of wildlife management, we show that understanding tourist and hunter responses to wildlife population abundances is critical to balancing provision of consumptive and non-consumptive human uses. Copyright © 2017 Elsevier Ltd. All rights reserved.

20 CFR 410.701 - Jurisdiction for determining entitlement under part B.

Science.gov (United States)

2010-04-01

... MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV-BLACK LUNG BENEFITS (1969- ) Rules for the Review of Denied and Pending Claims Under the Black Lung Benefits Reform Act (BLBRA) of 1977 § 410.701 Jurisdiction...

Transportation and access for sub-national island jurisdictions

OpenAIRE

Stuart, Kathleen

2008-01-01

The overall aim of this paper is to discern lessons from the category of sub-national island jurisdictions (SNIJs) which have in some way exploited and capitalized upon their airspace, territorial waters, seaports and harbours to solve their transportation problems as well as enhance their global economic competitiveness and development. The focus here is on sub-national island territories (larger than municipalities) which have and use, to varying degrees, their formal and ...

30 CFR 773.23 - Suspension or rescission requirements for improvidently issued permits.

Science.gov (United States)

2010-07-01

... improvidently issued permits. 773.23 Section 773.23 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL... jurisdiction over the violation; (2) You or your operator no longer own or control the relevant operation; (3...

18 CFR 270.501 - Publication of notice from jurisdictional agency.

Science.gov (United States)

2010-04-01

... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Publication of notice from jurisdictional agency. 270.501 Section 270.501 Conservation of Power and Water Resources FEDERAL... to the extent the material is treated as confidential under § 270.506, at the offices of the...

38 CFR 20.101 - Rule 101. Jurisdiction of the Board.

Science.gov (United States)

2010-07-01

... 15). (5) All-Volunteer Force Educational Assistance Program (38 U.S.C. chapter 30). (6) Training and... of Veterans Affairs under a law that affects the provision of benefits by the Secretary to veterans... jurisdiction include, but are not limited to, the following: (1) Entitlement to, and benefits resulting from...

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

The Federal Government's supervisory authority, Land jurisdiction, and the Atomic Energy Act

International Nuclear Information System (INIS)

Steinberg, R.

1990-01-01

The instructions given in spring 1988 by the Federal German Minister of the Environment to the Minister of Economics of the Land North-Rhine Westphalia, in matters concerning the Kalkar nuclear reactor, form the background of the expert opinion presented as an analysis of significant problems arising in connection with the execution of Federal laws. The development of legal criteria for issuing instructions is analysed as a point of main interest in the process. The author discusses an important requirement given by the Constitution, namely that the principle of federation-agreeable conduct involves the duty to minimize interference with the responsibilities and jurisdiction of a Land. The Land North-Rhine Westphalia presented this expert opinion in April 1989 in legal proceedings before the Federal Constitutional Court in a dispute between the Federal Government and the Lands over Art. 93, paragraph 1, no. 3 of the Constitution. The decision given by the Federal Constitutional Court on 22 May 1990 confirmed the legality of the Federal Government's conduct in this matter. (orig./HP) [de

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.

Cross-Jurisdictional Resource Sharing in Changing Public Health Landscape: Contributory Factors and Theoretical Explanations.

Science.gov (United States)

Shah, Gulzar H; Badana, Adrian N S; Robb, Claire; Livingood, William C

2016-01-01

Local health departments (LHDs) are striving to meet public health needs within their jurisdictions, amidst fiscal restraints and complex dynamic environment. Resource sharing across jurisdictions is a critical opportunity for LHDs to continue to enhance effectiveness and increase efficiency. This research examines the extent of cross-jurisdictional resource sharing among LHDs, the programmatic areas and organizational functions for which LHDs share resources, and LHD characteristics associated with resource sharing. Data from the National Association of County & City Health Officials' 2013 National Profile of LHDs were used. Descriptive statistics and multinomial logistic regression were performed for the 5 implementation-oriented outcome variables of interest, with 3 levels of implementation. More than 54% of LHDs shared resources such as funding, staff, or equipment with 1 or more other LHDs on a continuous, recurring basis. Results from the multinomial regression analysis indicate that economies of scale (population size and metropolitan status) had significant positive influences (at P ≤ .05) on resource sharing. Engagement in accreditation, community health assessment, community health improvement planning, quality improvement, and use of the Community Guide were associated with lower levels of engagement in resource sharing. Doctoral degree of the top executive and having 1 or more local boards of health carried a positive influence on resource sharing. Cross-jurisdictional resource sharing is a viable and commonly used process to overcome the challenges of new and emerging public health problems within the constraints of restricted budgets. LHDs, particularly smaller LHDs with limited resources, should consider increased resource sharing to address emerging challenges.

A review of low income energy assistance measures adopted in other jurisdictions

International Nuclear Information System (INIS)

2008-01-01

Low-income energy assistance programs (LIEPs) have been established and implemented in many jurisdictions to help make electricity and natural gas more affordable. Low-income programs also serve many other public interest goals, such as safeguarding and protecting the public health and welfare of the citizens; augmenting incomes or standards of living for the lowest income energy customers; encouraging conservation and more efficient use of energy resources; reducing customer care costs for utilities; reducing uncollectible accounts and bad debt expense for utilities; and reducing carbon emissions and greenhouse gas levels. This report contained a summary of the policies, programs, and measures that have been implemented, mandated, or allowed by regulators in other jurisdictions to assist low-income energy consumers with electricity and natural gas costs. The report categorized the differing low income policies and programs that have been implemented and examined the effectiveness of those policies and programs as measured by the costs and benefits, as well the level of customer participation. These categories included rate discounts or waivers; modified rate designs; alternative billing methods; customer rebates; conservation and demand side management programs; budget or equal billing; payment plans for past due accounts; waivers of late payment charges; waivers or reductions of customer security deposits; limits on disconnections; and reduced or waived fees for reconnections. The report covered regulatory jurisdictions, including those in Canada, the United States, the United Kingdom, Australia, New Zealand, France, Spain, and Finland. The report also discussed the role of regulators, utilities, charitable organizations, and other interested parties in developing and implementing low-income energy assistance programs that were cost-effective and efficient. It was concluded that, in addition to rate discounts or waivers of the fixed monthly service charge, many

Fighting Harmful Tax Competition Generated by Offshore Jurisdictions

Directory of Open Access Journals (Sweden)

Dan Drosu Saguna

2015-03-01

Full Text Available Harmful tax competition is not just tax system, but can also undermine the interests of local communities and the environment. Tax havens are a huge drain of resources from other countries (basic non tax haven to offshore areas. To operate, tax havens are supported economically, politically, and socially by high tax states. Also, by encouraging savings, it boosts investment and capital formation. Because they are low tax jurisdictions, they exert a higher tax on tax rates worldwide.

Liability Issues

International Nuclear Information System (INIS)

O’Donoghue, K.

2016-01-01

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

Fundamentals of law and of technical regulations and the problem of jurisdiction

International Nuclear Information System (INIS)

Lukes, R.

1980-01-01

The fundamentals of the legal requirements and technical specifications for the licensing of Nuclear Power Plants in the Federal Republic of Germany and the German administrative jurisdiction in this area are discussed. (A.L.) [pt

The cleanup of releases of radioactive materials from commercial low-level radioactive waste disposal sites: Whose jurisdiction?

International Nuclear Information System (INIS)

Hartnett, C.

1994-01-01

There exists an overlap between the Comprehensive Environmental Response, Compensation and Recovery Act (open-quotes CERCLAclose quotes) and the Atomic Energy Act (open-quotes AEAclose quotes) regarding the cleanup of releases of radioactive materials from commercial low-level radioactive waste sites. The Nuclear Regulatory Commission (open-quotes NRCclose quotes) and Agreement States have jurisdiction under the AEA, and the Environmental Protection Agency (open-quotes EPAclose quotes) has jurisdiction pursuant to CERCLA. This overlapping jurisdiction has the effect of imposing CERCLA liability on parties who have complied with AEA regulations. However, CERCLA was not intended to preempt existing legislation. This is evidenced by the federally permitted release exemption, which explicitly exempts releases from CERCLA liability pursuant to an AEA license. With little guidance as to the applicability of this exemption, it is uncertain whether CERCLA's liability is broad enough to supersede the Atomic Energy Act. It is the purpose of this paper to discuss the overlapping jurisdiction for the cleanup of releases of radioactive materials from commercial low-level radioactive waste disposal sites with particular emphasis on the cleanup at the Maxey Flats, West Valley and Sheffield sites

New Brunswick Market Design Committee : Congestion management issues

International Nuclear Information System (INIS)

2001-01-01

The restructuring of the New Brunswick wholesale power market comprises a number of issues that need to be resolved concerning transmission system related policy decisions and detailed design issues. The wholesale market structure, ownership structure, and means of preventing market power abuses all have an impact on the resolution of many of those issues. Some transmission related decisions regarding congestion management must be made, and they are examined in this document. The report includes a discussion of the issues related to congestion on the transmission system, a review of the decisions that remain to be made while proposing a number of alternatives, reviews decisions that other jurisdictions have made in somewhat similar circumstances. Finally, the advantages and disadvantages of each alternative are identified. Several high level transmission tariff design issues requiring to be addressed later in greater detail are listed in this document. 1 tab

Universal jurisdiction: state of affairs and ways ahead. : A policy paper

NARCIS (Netherlands)

L. Zegveld (Liesbeth); J.D. Handmaker (Jeff)

2012-01-01

textabstractOn 17 September 2010, the International Institute of Social Studies (ISS), Leiden University and ICCO organised an expert meeting at the ISS on universal jurisdiction (UJ). The meeting was chaired in the morning by Professor John Dugard and in the afternoon by Professor Karin Arts. The

COLLABORATIVE PROCEDURE TO ACHIEVE AN EFFECTIVE JURISDICTIONAL TUTELAGE

Directory of Open Access Journals (Sweden)

Darilê Marques da Matta

2015-12-01

Full Text Available Set in a constitutional context, the procedure should be an effective instrument for the guarantee and realization of rights. Attentive to the needs imposed by the state of Law, the new Civil Procedure Code, approved this year, 2 015, seeks to settle several constitutional guarantees, for the purpose of making the procedure more effective. From the inclusion of collaborative institutes, the new Civil Procedure C ode introduces the concept of self-composition and cooperation of procedural agents to achieve, timely, effective jurisdictional tutelage.

State/federal interaction and multistate issues

International Nuclear Information System (INIS)

Anon.

1992-01-01

Section 403(f) of the CAAA leaves federal and state jurisdictions unaffected by Title IV, the emissions trading provisions. The CAAA maintains existing state and federal commission jurisdiction for the oversight of utility compliance with emissions trading provisions. With existing state and federal jurisdictions maintained, the CAAA creates a new opportunity for state commissions to cooperate among themselves and with the FERC. Should this opportunity not be realized, a new area of jurisdictional conflict could result. This section describes options for regional regulation and the tax treatment of allowances. 20 refs

Jurisdictional control of administrative acts related to the safety of nuclear plants

International Nuclear Information System (INIS)

Fernandez Plasencia, S.

1983-01-01

This paper stresses the importance of jurisdictional control over nuclear power plants to ensure their safe operation. It also describes examples of case law concerning such plants in France, the Federal Republic of Germany, Italy and Spain. (NEA) [fr

Local jurisdictions and active shooters : building networks, building capacities

OpenAIRE

Frazzano, Tracy L.

2010-01-01

CHDS State/Local Approved for public release; distribution is unlimited States incidents (Columbine High School shooting (April 20, 1999) and North Hollywood Bank shoot out (February 28, 1997) were studied. Individuals from the U.S. cases were interviewed to explore information not necessarily documented. Data from the case studies and interviews were collated and reviewed for common themes. These themes were analyzed to draw conclusions on how smaller jurisdictions should proceed in bu...

The Legal Solutions in the Field of Financial and Budgetary Discipline in France in the Light of the Code of Finance Jurisdiction

Directory of Open Access Journals (Sweden)

Małgorzata Cilak

2014-03-01

Full Text Available The purpose of this article is to present French institutional and law solutions in the field of public finance discipline. The article describes legal position and functioning of Court of Budgetary and Finance Discipline in France. The jurisdiction of Court covers the cases of serious breach of public finance law. The Court is one of the elements of the system of jurisdiction in financial matters, that constitute a specialized type of administrative jurisdiction. The law that regulate the legal position and functioning of the Court, as well as the actes which are breaches of public finance discipline, and the sanctions for them, is the Code of finance jurisdiction (Code des juridictions financières.

No longer in suspense: Clarifying the human rights jurisdiction of the ...

African Journals Online (AJOL)

Unfortunately, the same judgment resulted in the suspension of the SADC Tribunal in 2010 because it had purportedly acted beyond its mandate when it adjudicated over a case concerning a human rights dispute. This article investigates whether the SADC Tribunal had jurisdiction to deal with cases involving allegations of ...

Incidence of cancer in children residing in ten jurisdictions of the Mexican Republic: importance of the Cancer registry (a population-based study)

International Nuclear Information System (INIS)

Fajardo-Gutiérrez, Arturo; Juárez-Ocaña, Servando; González-Miranda, Guadalupe; Palma-Padilla, Virginia; Carreón-Cruz, Rogelio; Ortega-Alvárez, Manuel Carlos; Mejía-Arangure, Juan Manuel

2007-01-01

In 1996, Mexico started to register cases of childhood cancer. Here, we describe the incidence of cancer in children, residing in ten Mexican jurisdictions, who were treated by the Instituto Mexicano del Seguro Social (IMSS). New cases of childhood cancer, which were registered prospectively in nine principal Medical Centers of IMSS during the periods 1998–2000 (five jurisdictions) and 1996–2002 (five jurisdictions), were analyzed. Personnel were specifically trained to register, capture, and encode information. For each of these jurisdictions, the frequency, average annual age-standardized incidence (AAS) and average annual incidence per period by sex and, age, were calculated (rates per 1,000,000 children/years). In total 2,615 new cases of cancer were registered, with the male/female ratio generally >1, but in some tumors there were more cases in females (retinoblastoma, germ cells tumors). The principal groups of neoplasms in seven jurisdictions were leukemias, central nervous system tumors (CNS tumors), and lymphomas, and the combined frequency for these three groups was 62.6 to 77.2%. Most frequently found (five jurisdictions) was the North American-European pattern (leukemias-CNS tumors-lymphomas). Eight jurisdictions had AAS within the range reported in the world literature. The highest incidence was found for children underless than five year of age. In eight jurisdictions, leukemia had high incidence (>50). The AAS of lymphomas was between 1.9 to 28.6. Chiapas and Guerrero had the highest AAS of CNS tumors (31.9 and 30.3, respectively). The frequency and incidence of neuroblastoma was low. Chiapas had the highest incidence of retinoblastoma (21.8). Germ-cell tumors had high incidence. The North American-European pattern of cancers was the principal one found; the overall incidence was within the range reported worldwide. In general but particularly in two jurisdictions (Yucatán and Chiapas), it will be necessary to carry out studies concerning the

78 FR 28779 - Proposed Flood Elevation Determinations for Armstrong County, Pennsylvania (All Jurisdictions)

Science.gov (United States)

2013-05-16

... Armstrong County, Pennsylvania (All Jurisdictions) AGENCY: Federal Emergency Management Agency, DHS. ACTION... proposed rule concerning proposed flood elevation determinations for Armstrong County, Pennsylvania (All... sources in Armstrong County, Pennsylvania. Because FEMA has or [[Page 28780

Exploring the relationship between social identity and workplace jurisdiction for new nursing roles: a case study approach.

Science.gov (United States)

Maxwell, E; Baillie, L; Rickard, W; McLaren, S M

2013-05-01

The introduction of new healthcare roles internationally has had mixed results with some evidence that variations can be accounted for by the manner of their introduction rather than role content. Explanation may be found partly in the ways in which new roles establish a workplace jurisdiction; that is, recognition in the workplace of a role's legitimate rights to undertake a particular scope of practice. To explore the factors that influence the development of workplace jurisdiction of new nursing roles. Critical realist multiple case study design within two NHS Acute Hospital Trusts in England and two new nursing roles as embedded units of analysis in each case (n=4 roles). In Phase 1, data were collected through semi-structured interviews (n=21), non-participant observation of committees (n=11), partial participant observation and shadowing of the role holders' working day (n=9), together with analysis of organisational documents (n=33). In Phase 2, follow up interviews with role-holders (n=4) were conducted. Participants Staff in new nursing roles (n=4) were selected purposively as embedded units according to the theoretical framework and other informants (n=17) were selected according to the study propositions. Qualitative analysis demonstrated that different role drivers produced two different role types, each of whom faced different challenges in negotiating the implementation of the role in the workplace. Negotiation of workplace jurisdiction was shown to be dependent on sharing social identities with co-workers. Four major workplace identities were found: professional, speciality, organisational and relational. The current focus on setting legal and public jurisdictions for new nursing roles through national standards and statutory registration needs to be complemented by a better understanding of how workplace jurisdiction is achieved. This study suggests that social identity is a significant determinant. Copyright © 2012 Elsevier Ltd. All rights

Abortion law across Australia--A review of nine jurisdictions.

Science.gov (United States)

de Costa, Caroline; Douglas, Heather; Hamblin, Julie; Ramsay, Philippa; Shircore, Mandy

2015-04-01

This article reviews the current legal status of abortion in Australia and its implications. Australian abortion law has been a matter for the states since before Federation. In the years since Federation there have been significant reforms and changes in the abortion laws of some jurisdictions, although not all. Across Australia there are now nine sets of laws, state and Commonwealth, concerned with abortion. The test of a lawful abortion varies greatly across jurisdictions. In a number of states and territories, it is necessary to establish a serious risk to the physical or mental health of the woman if the pregnancy was to continue. In some cases, the certification of two doctors is required, particularly for abortions at later gestations. There are also physical restrictions on access, such as in South Australia and the Northern Territory where abortion must take place in a hospital. Only in the ACT has abortion been removed from the criminal law altogether. Variations in the law and restrictions arising from these are not consistent with the aims and provision of the universal, accessible health care system aspired to in Australia. There is an urgent need for overall reform and the introduction of uniformity to Australia's abortion laws, including removal of abortion from the criminal law. © 2015 The Royal Australian and New Zealand College of Obstetricians and Gynaecologists.

Inconvenient marriages, or what happens when ethnic minorities marry trans-jurisdictionally

Directory of Open Access Journals (Sweden)

Prakash Shah

2010-06-01

Full Text Available This article presents evidence of a trend in the practice of British immigration control of denying recognition to marriages which take place trans-jurisdictionally across national and continental boundaries and across different state jurisdictions. The article partly draws on evidence gleaned from the writer’s own experience of being instructed as an expert witness to provide opinions of the validity of such marriages, and partly on evidence from reported cases at different levels of the judicial system. The evidence demonstrates that decision making in this area, whether by officials or judges, often takes place in arbitrary ways, arguably to fulfil wider aims of controlling the immigration of certain population groups whose presence in the UK and Europe is increasingly seen as undesirable. However, and quite apart from the immigration control concerns underlying such actions, the field throws up evidence of the kinds of legal insecurity faced by those whose marriages are solemnized under non-Western legal traditions and calls into question respect for those traditions when they come into contact with Western officialdom.

Review of the regulation and safety assessment of food substances in various countries and jurisdictions

Science.gov (United States)

Magnuson, Bernadene; Munro, Ian; Abbot, Peter; Baldwin, Nigel; Lopez-Garcia, Rebeca; Ly, Karen; McGirr, Larry; Roberts, Ashley; Socolovsky, Susan

2013-01-01

This review compares the regulations, definitions and approval processes for substances intentionally added to or unintentionally present in human food in the following specific countries/jurisdictions: Argentina, Australia, Brazil, Canada, China, the European Union, Japan, Mexico, New Zealand, and the United States. This includes direct food additives, food ingredients, flavouring agents, food enzymes and/or processing aids, food contact materials, novel foods, and nanoscale materials for food applications. The regulatory authority of each target jurisdiction/country uses its own regulatory framework and although the definitions, regulations and approval processes may vary among all target countries, in general there are many similarities. In all cases, the main purpose of each authority is to establish a regulatory framework and maintain/enforce regulations to ensure that food consumed and sold within its respective countries is safe. There is a move towards harmonisation of food regulations, as illustrated by Australia and New Zealand and by Mercosur. The European Union has also established regulations, which are applicable for all member states, to establish a common authorisation procedure for direct food additives, flavourings and enzymes. Although the path for approval of different categories of food additives varies from jurisdiction to jurisdiction, there are many commonalities in terms of the data requirements and considerations for assessment of the safety of use of food additives, including the use of positive lists of approved substances, pre-market approval, and a separation between science and policy decisions. The principles applied are largely reflective of the early work by the Joint FAO/WHO Expert Committee on Food Additives (JECFA) committees and JECFA assessments of the safety of food additives for human and animal foods. PMID:23781843

Assisted dying in liberalised jurisdictions and the role of psychiatry: a clinician's view.

Science.gov (United States)

Macleod, Sandy

2012-10-01

Assisted dying is a contentious and topical issue. Mental disorder is a relevant influence on requests of hastened death. The psychiatry of dying is not a prominent component in the assessment of euthanasia and physician-assisted suicide (PAS) in jurisdictions with liberalised assisted dying laws. The literature on the assessment processes, with particular reference to mental status, involved in euthanasia requests is considered. An experienced palliative medicine specialist and psychiatrist selectively reviewed the recent literature published about the mental health issues involved in euthanasia and PAS. Assessments of competency, sustained wish to die prematurely, depressive disorder, demoralisation and 'unbearable suffering' in the terminally ill are clinically uncertain and difficult tasks. There is a growing psychiatric and psychological literature on the mental status of the terminally ill. As yet psychiatry does not have the expertise to 'select' those whose wish for hastened death is rational, humane and 'healthy'. Rarely in those societies with liberalised assisted dying laws are psychiatrists involved in the decision-making for individuals requesting early death. This role is fulfilled by non-specialists. There remain significant concerns about the accuracy of psychiatric assessment in the terminally ill. Mental processes are more relevant influences on a hastened wish to die than are the physical symptoms of terminal malignant disease. Psychiatric review of persons requesting euthanasia is relevant. It is not obligatory or emphasised in those legislations allowing assisted dying. Psychiatry needs to play a greater role in the assessment processes of euthanasia and PAS.

A multi-level, multi-jurisdictional strategy: Transnational tobacco companies' attempts to obstruct tobacco packaging restrictions.

Science.gov (United States)

Hawkins, Benjamin; Holden, Chris; Mackinder, Sophie

2018-03-09

Despite the extensive literature on the tobacco industry, there has been little attempt to study how transnational tobacco companies (TTCs) coordinate their political activities globally, or to theorise TTC strategies within the context of global governance structures and policy processes. This article draws on three concepts from political science - policy transfer, multi-level governance and venue shifting - to analyse TTCs' integrated, global strategies to oppose augmented packaging requirements across multiple jurisdictions. Following Uruguay's introduction of extended labelling requirements, Australia became the first country in the world to require tobacco products to be sold in standardised ('plain') packaging in 2012. Governments in the European Union, including in the United Kingdom and Ireland, adopted similar laws, with other member states due to follow. TTCs vehemently opposed these measures and developed coordinated, global strategies to oppose their implementation, exploiting the complexity of contemporary global governance arrangements. These included a series of legal challenges in various jurisdictions, alongside political lobbying and public relations campaigns. This article draws on analysis of public documents and 32 semi-structured interviews with key policy actors. It finds that TTCs developed coordinated and highly integrated strategies to oppose packaging restrictions across multiple jurisdictions and levels of governance.

Transmission issues

International Nuclear Information System (INIS)

Bradford, J.; Wilson, L.; Thon, S.; Millar, N.

2005-01-01

This session on transmission issues focused on the role that transmission plays in electricity markets and the importance of getting the market structure right in terms of generation divestiture with buy back contracts, demand side responsive programs, transmission upgrades and long term contracts. The difficulties of distinguishing between market power and scarcity were examined along with some of the complications that ensue if transmission experiences congestion, as exemplified by the August 2003 blackout in eastern North America. The presentations described the best ways to handle transmission issues, and debated whether transmission should be deregulated or follow market forces. Issues of interconnections and reliability of connections were also debated along with the attempt to integrate renewables into the grid. Some presentations identified what new transmission must be built and what must be done to ensure that transmission gets built. The challenges and business opportunities for transmission in Alberta were discussed with reference to plans to invest in new infrastructure, where it is going outside of the province and how it works with other jurisdictions. Manitoba's Conawapa Hydro Project and its 2000 MW tie line to Ontario was also discussed. Some examples of non-optimal use of interconnections in Europe were also discussed in an effort to learn from these mistakes and avoid them in Canada. tabs., figs

Pacific Association for Clinical Training (PACT): lessons learned and next steps in developing a sustainable continuing health professionals education system in the United States-Affiliated Pacific Island (USAPI) jurisdictions.

Science.gov (United States)

Buenconsejo-Lum, Lee E; Maskarinec, Gregory G; Palafox, Neal A

2007-03-01

In response to the 1998 Institute of Medicine report, "Pacific Partnerships for Health ", acknowledging the need for the continuing education of health workers in the United States-Affiliated Pacific Island (USAPI) jurisdictions, the U.S. Health Resources and Services Administration (HRSA) awarded a grant (1999-2003) to the University of Washington for a continuing education project in the Pacific. When shortfalls in HRSA funding threatened continuation of the program, Pacific advocates aggressively made a case for refunding of this important project. In 2003, HRSA announced competitive funding for a new program for continuing education. The Department of Family Medicine and Community Health (DFMCH) at the University of Hawai'i (UH), John A. Burns School of Medicine (JABSOM) was awarded the HRSA Cooperative Agreement to run from September 2003 through August 2007, creating PACT the Pacific Association for Clinical Training. PACT assembled a professional, community-based advisory board, most of whom were indigenous Pacific Islanders, and conducted a continuing clinical education needs assessment in every jurisdiction, subsequently developing and delivering programs utilizing distance education relevant to the needs of each USAPI jurisdiction. Priority health areas included diabetes, oral health and geriatrics, as mandated by HRSA. This report describes the processes, accomplishments, challenges and lessons learned from the project. PACT needs assessment reports for each jurisdiction and an executive summary are published as Original Articles in this issue of Pacific Health Dialog. As funding for PACT comes to an end, it is clear that much work remains to be done in the region. "Continuing clinical education" is only one part of a continuum of human resources for health (HRH) workforce development. Continued USAPI regional, U.S. national and international collaboration and resources are needed to achieve the ultimate goal of improved health and health care delivery

Negotiating the use of biodiversity in marine areas beyond national jurisdiction

Directory of Open Access Journals (Sweden)

Robert Blasiak

2016-11-01

Full Text Available A relatively small group of states is disproportionately active in marine areas beyond national jurisdiction (ABNJ, raising questions of equity, while a myriad of sectoral regulations and guidelines spread across multiple international bodies has led to uneven conservation and use of biological diversity and resources in these areas. Within this context, the UN General Assembly resolved in 2015 to begin negotiations on an international legally-binding instrument to conserve and protect biodiversity in ABNJ, with the negotiations framed by four issues: (1 marine genetic resources, including questions on the sharing of benefits; (2 measures such as area-based management tools, including marine protected areas; (3 environmental impact assessments; (4 capacity building and the transfer of marine technology. Yet our analysis demonstrates that least developed countries (LDCs and small island developing states (SIDS are significantly under-represented in regional and international meetings on such issues, while the authorship of academic literature on these topics is dominated to an unusual extent by Organization for Economic Cooperation and Development (OECD member states (97%. Statistical analysis of delegation statements delivered during the first round of negotiations following the UN General Assembly resolution also illustrates that the interests of OECD member states differ substantially from LDCs and SIDS, suggesting that imbalanced representation has the potential to result in skewed negotiations. Moreover, the restriction on negotiating parties not to undermine the mandate of existing organizations limits their maneuverability, and may hamper progress towards achieving ambitious time-bound commitments to promote sustainable resource use and reduce inequality (e.g. under the Sustainable Development Goals and Aichi Targets. With ABNJ covering half the world’s surface, self-interested compliance with new regulations is the most promising

76 FR 30840 - Jurisdictional Separations and Referral to the Federal-State Joint Board

Science.gov (United States)

2011-05-27

... FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 36 [CC Docket No. 80-286; FCC 11-71] Jurisdictional Separations and Referral to the Federal-State Joint Board AGENCY: Federal Communications Commission. ACTION... this document, the Commission extends the current freeze of part 36 category relationships and...

77 FR 30410 - Jurisdictional Separations and Referral to the Federal-State Joint Board

Science.gov (United States)

2012-05-23

... FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 36 [CC Docket No. 80-286; FCC 12-49] Jurisdictional Separations and Referral to the Federal-State Joint Board AGENCY: Federal Communications Commission. ACTION... this document, the Commission extends the current freeze of part 36 category relationships and...

Considering marijuana legalization carefully: insights for other jurisdictions from analysis for Vermont.

Science.gov (United States)

Caulkins, Jonathan P; Kilmer, Beau

2016-12-01

In 2014 the legislature of Vermont, USA passed a law requiring the Secretary of Administration to report on the consequences of legalizing marijuana. The RAND Corporation was commissioned to write that report. This paper summarizes insights from that analysis that are germane to other jurisdictions. Translation of key findings from the RAND Corporation report to the broader policy debate. Marijuana legalization encompasses a wide range of possible regimes, distinguished along at least four dimensions: which organizations are allowed to produce and supply the drug, the regulations under which they operate, the nature of the products that can be distributed and taxes and prices. Vermont's decriminalization had already cut its costs of enforcing marijuana prohibition against adults to about $1 per resident per year. That is probably less than the cost of regulating a legal market. Revenues from taxing residents' purchases after legalization could be many times that amount, so the main fiscal cost of prohibition after decriminalization relative to outright legalization may be foregone tax revenues, not enforcement costs. Approximately 40 times as many users live within 200 miles of Vermont's borders as live within the state; drug tourism and associated tax revenues will be important considerations, as will be the response of other states. Indeed, if another state legalized with lower taxes, that could undermine the ability to collect taxes on even Vermont residents' purchases. Analysis of possible outcomes if Vermont, USA, legalized marijuana reveal that choices about how, and not just whether, to legalize a drug can have profound consequences for the effects on health and social wellbeing, and the choices of one jurisdiction can affect the options and incentives available to other jurisdictions. © 2016 Society for the Study of Addiction.

Master Learning: A Way to Manage Tertiary Education in Small Island Jurisdictions

Science.gov (United States)

Hovgaard, Gestur

2016-01-01

As a consequence of globalisation, there is now a general trend among hesitant small island jurisdictions to focus on educational planning in the tertiary sector. The question therefore is how smart solutions adapted to the specific contexts can be developed. This article argues for the need to innovate the societal role of the smaller state…

Law, ethics and pandemic preparedness: the importance of cross-jurisdictional and cross-cultural perspectives.

Science.gov (United States)

Bennett, Belinda; Carney, Terry

2010-04-01

To explore social equity, health planning, regulatory and ethical dilemmas in responding to a pandemic influenza (H5N1) outbreak, and the adequacy of protocols and standards such as the International Health Regulations (2005). This paper analyses the role of legal and ethical considerations for pandemic preparedness, including an exploration of the relevance of cross-jurisdictional and cross-cultural perspectives in assessing the validity of goals for harmonisation of laws and policies both within and between nations. Australian and international experience is reviewed in various areas, including distribution of vaccines during a pandemic, the distribution of authority between national and local levels of government, and global and regional equity issues for poorer countries. This paper finds that questions such as those of distributional justice (resource allocation) and regulatory frameworks raise important issues about the cultural and ethical acceptability of planning measures. Serious doubt is cast on a 'one size fits all' approach to international planning for managing a pandemic. It is concluded that a more nuanced approach than that contained in international guidelines may be required if an effective response is to be constructed internationally. The paper commends the wisdom of reliance on 'soft law', international guidance that leaves plenty of room for each nation to construct its response in conformity with its own cultural and value requirements. © 2010 The Authors. Journal Compilation © 2010 Public Health Association of Australia.

with a comparative view at the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court

OpenAIRE

Hiller, Kinga

2010-01-01

This thesis is about the connection between the constitutional ownership guarantee and the political-philosophical conception of property. I portray and analyze the jurisdiction of the Hungarian Constitutional Court since the fall of Communism in 1989 in light of these two aspects and venture a comparison with the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court. In political and philosophical terms, there are - roughly speaking - two opposing conceptio...

Local Identity in Times of Jurisdictional Consolidation

DEFF Research Database (Denmark)

Hansen, Sune Welling; Kjær, Ulrik

of a dataset which consists of large scale citizen surveys conducted in 2001, 2009 and 2013, combined with register data on the Danish municipalities (the two surveys in 2001 and 2009 even have a panel structure). Our paper contributes to the existing literature on local identity by examining the influence......Reforming the public sector has become increasingly popular. Some of the reforms have been jurisdictional consolidations of subnational authorities such as regions and municipalities. One question which remains unanswered is whether such consolidations affect citizens’ local identity? We take...... a first step towards providing an answer by examining whether citizens’ affective attachment to their municipality – and other administrative and geographical areas – declined or flourished in connection with a large-scale municipal reform implemented in Denmark in 2007. Empirically, we make use...

Ethical Issues in Transnational Eye Banking.

Science.gov (United States)

Martin, Dominique E; Kelly, Richard; Jones, Gary L A; Machin, Heather; Pollock, Graeme A

2017-02-01

To review ethical issues that may arise in the setting of transnational eye banking activities, such as when exporting or importing corneal tissue for transplantation. A principle-based normative analysis of potential common dilemmas in transnational eye banking activities was performed. Transnational activities in eye banking, like those in other fields involving procurement and use of medical products of human origin, may present a number of ethical issues for policy makers and professionals. Key ethical concerns include the potential impact of export or import activities on self-sufficiency of corneal tissue supply within exporting and importing countries; potential disclosure requirements when obtaining consent or authorization for ocular tissue donation when donations may be exported; and difficulties inherent in assuring equity in the allocation of tissues available for export and in establishing and respecting standards of safety and quality across different jurisdictions. Further analysis of specific ethical issues in eye banking is necessary to inform development of guidelines and other governance tools that will assist policy makers and professionals to support ethical practice.

A Question of Jurisdiction: Art. 267 TFEU Preliminary References of a CFSP Nature

DEFF Research Database (Denmark)

Butler, Graham

2017-01-01

Can the Court of Justice of the European Union assert jurisdiction and provide a national court with an interpretation of Union law in a case referred to it from a national court under an Art. 267 TFEU preliminary reference, when the subject matter is in regard to the Common Foreign and Security...... Policy (CFSP)? This was one of a number of questions referred to the Court of Justice from the High Court of England and Wales in Rosneft (judgment of 28 March 2017, case C-72/15). In March 2017, the Court of Justice meeting in a Grand Chamber formation, answered this jurisdictional question...... in the affirmative. Given the significance of this judgment for the law of CFSP, and the Opinion of the Advocate General in 2016, this judgment was hotly anticipated given its implications for the “specific rules and procedures” that are applicable to the law of CFSP. As the Court of Justice continues in a line...

Environmental Issues in a Federation: The Case of Malaysia

Directory of Open Access Journals (Sweden)

Muhammad Yusuf Saleem

2005-12-01

Full Text Available Abstract: From a constitutional perspective, the responsibilities over environmental issues cannot be precisely divided between federal and state governments. Environmental problems could only be dealt with successfully, as the Malaysian case exemplify, through a concurrent jurisdiction. The responsibility for the implementation of environmental laws is left to the states which because of their nearness to the source of environmental problems are in a better position to monitor violations. However, interstate environmental problems must be addressed jointly by federal and state governments.

33 CFR 329.12 - Geographic and jurisdictional limits of oceanic and tidal waters.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Geographic and jurisdictional limits of oceanic and tidal waters. 329.12 Section 329.12 Navigation and Navigable Waters CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES...

Receipt and timing of HIV drug resistance testing in six U.S. jurisdictions.

Science.gov (United States)

Dasgupta, Sharoda; Hall, H Irene; Hernandez, Angela L; Ocfemia, M Cheryl Bañez; Saduvala, Neeraja; Oster, Alexandra M

2017-12-01

The Department of Health and Human Services recommends drug resistance testing at linkage to HIV care. Because receipt and timing of testing are not well characterized, we examined testing patterns among persons with diagnosed HIV who are linked to care. Using surveillance data in six jurisdictions for persons aged ≥13 years with HIV infection diagnosed in 2013, we assessed the proportion receiving testing, and among these, the proportion receiving testing at linkage. Multivariable log-binomial regression modeling estimated associations between selected characteristics and receipt of testing (1) overall, and (2) at linkage among those tested. Of 9,408 persons linked to care, 66% received resistance testing, among whom 68% received testing at linkage. Less testing was observed among male persons who inject drugs (PWID), compared with men who have sex with men (adjusted prevalence ratio [aPR]: 0.88; 95% confidence interval [CI]: 0.81-0.97) and persons living in areas with population testing was lower for persons with initial CD4 counts ≥500 cells/mm 3 , compared with those with CD4 counts tested, testing at linkage was lower among male PWID (aPR: 0.85; CI: 0.75-0.95) and, in some jurisdictions, persons with CD4 counts ≥500 cells/mm 3 (aPR range: 0.63-0.73). Two-thirds of persons with diagnosed HIV who were linked to care received resistance testing, and most received testing at linkage as recommended. Improving receipt and timing of testing among male PWID, persons in less populous settings, and in all jurisdictions, regardless of CD4 count, may improve care outcomes.

International comparison of comparative effectiveness research in five jurisdictions: insights for the US.

Science.gov (United States)

Levy, Adrian R; Mitton, Craig; Johnston, Karissa M; Harrigan, Brian; Briggs, Andrew H

2010-01-01

Spurred by a desire to improve quality of care and to understand the relative value of medical treatments, there has been a recent surge of interest in publicly funded comparative effectiveness research (CER) in the US. As health technology assessment (HTA) shares some of the same goals as CER, and publicly funded HTA has been a feature within other industrialized countries for many years, a review of HTA activities in some of these countries can be a helpful source of information for the US debate. Informed by a literature review, and in two cases augmented by informant interviews, we reviewed the organization of HTA activities in five jurisdictions: Canada, Sweden, Scotland, the Netherlands and Australia. We provide a summary description of the healthcare system in each country as well as a description of the key features of their HTA bodies, with a particular focus on the processes of HTA for listing medications on public formularies. Four of the committees evaluating medications for formulary inclusion are funded by, but remain at arm's length from, the government (Canada, Australia, Sweden and Scotland), while the process is fully embedded within the government in the Netherlands. Each of these jurisdictions has a stated preference for comparative outcomes evidence from randomized controlled trials, but will, under certain circumstances, accept randomized evidence using surrogate markers, other comparators that are not directly relevant or non-randomized evidence. Health technology evaluation committees largely comprise health professionals, with public representatives included in the Canadian, Australian and Scottish committees. Scotland is the only one of the five jurisdictions reviewed to have industry representation on the evaluation committee. We identified seven characteristics that are shared across the jurisdictions reviewed and that potentially serve as insights for development of CER in the US: (i) the process must be responsive to stakeholders

Charitable Incorporated Organisations : an analysis of the three UK jurisdictions

OpenAIRE

Morgan, Gareth G

2015-01-01

The specific legal forms available for charitable organisations have received much less attention by scholars as compared to work on the definition of charity, the boundaries of charitable status and the duties of charity trustees.\\ud \\ud Under each of the three UK jurisdictions, it could be argued that all charitable property is held on trust (in the sense that it is held for interests of the charity’s\\ud beneficiaries) but many charities are no longer formed using the structure of a trust. ...

Doctors’ Orders: Specialists’ Day to Day Work and their jurisdictional Claims in Dutch Hospitals

NARCIS (Netherlands)

C.J. Kruijthof

2005-01-01

textabstractThis study analyses the nature and organisation of specialists' day to day work in general hospitals in the Netherlands and the claims for jurisdiction specialists make in their work. It is of interest because it presents a picture of specialist work from within. Most

The Regulatory Framework Across International Jurisdictions for Risks Associated with Consumption of Botanical Food Supplements

NARCIS (Netherlands)

Low, Teng Yong; Wong, Kwok Onn; Yap, Adelene L.L.; Haan, De Laura H.J.; Rietjens, Ivonne M.C.M.

2017-01-01

Dietary supplements, including those containing botanical ingredients and botanical-derived compounds, have been marketed to consumers globally for many decades. However, the legislative framework for such products remains inconsistent across jurisdictions internationally. This study aims to

8 CFR 1003.1 - Organization, jurisdiction, and powers of the Board of Immigration Appeals.

Science.gov (United States)

2010-01-01

... the Board of Immigration Appeals. 1003.1 Section 1003.1 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Board of Immigration Appeals § 1003.1 Organization, jurisdiction, and powers of the Board of Immigration Appeals. (a)(1...

25 CFR 211.9 - Existing permits or leases for minerals issued pursuant to 43 CFR chapter II and acquired for...

Science.gov (United States)

2010-04-01

... subject to general leasing and mining laws, is now held in trust by the United States for Indian tribes. Existing mineral prospecting permits, exploration and mining leases on these lands, issued prior to these... CFR chapter II, shall be made to the superintendent having administrative jurisdiction over the land...

48 CFR 6301.3 - Jurisdiction and authority of the Board and its members.

Science.gov (United States)

2010-10-01

... authority of the Board and its members. (a) The Board hears and decides: (1) Appeals from decisions made by... decide the appeal; (3) Matters within jurisdiction of the Board in accordance with the provisions of the... Administrative Judge assigned to hear an appeal has authority to act for the Board in all matters with respect to...

Effect of generic issues program on improving safety

International Nuclear Information System (INIS)

Fard, M. R.; Kauffman, J. V.

2010-01-01

The U.S. Nuclear Regulatory Commission (NRC) identifies (by its assessment of plant operation) certain issues involving public health and safety, the common defense and security, or the environment that could affect multiple entities under NRC jurisdiction. The Generic Issues Program (GIP) addresses the resolution of these Generic Issues (GIs). The resolution of these issues may involve new or revised rules, new or revised guidance, or revised interpretation of rules or guidance that affect nuclear power plant licensees, nuclear material certificate holders, or holders of other regulatory approvals. U.S. NRC provides information related to the past and ongoing GIP activities to the general public by the use of three main resources, namely NUREG-0933, 'Resolution of Generic Safety Issues, ' Generic Issues Management Control System (GIMCS), and GIP public web page. GIP information resources provide information such as historical information on resolved GIs, current status of the open GIs, policy documents, program procedures, GIP annual and quarterly reports and the process to contact GIP and propose a GI This paper provides an overview of the GIP and several examples of safety improvements resulting from the resolution of GIs. In addition, the paper provides a brief discussion of a few recent GIs to illustrate how the program functions to improve safety. (authors)

An investigation of routes to cancer diagnosis in 10 international jurisdictions, as part of the International Cancer Benchmarking Partnership: survey development and implementation

Science.gov (United States)

Weller, David; Vedsted, Peter; Anandan, Chantelle; Zalounina, Alina; Fourkala, Evangelia Ourania; Desai, Rakshit; Liston, William; Jensen, Henry; Barisic, Andriana; Gavin, Anna; Grunfeld, Eva; Lambe, Mats; Law, Rebecca-Jane; Malmberg, Martin; Neal, Richard D; Kalsi, Jatinderpal; Turner, Donna; White, Victoria; Bomb, Martine

2016-01-01

Objectives This paper describes the methods used in the International Cancer Benchmarking Partnership Module 4 Survey (ICBPM4) which examines time intervals and routes to cancer diagnosis in 10 jurisdictions. We present the study design with defining and measuring time intervals, identifying patients with cancer, questionnaire development, data management and analyses. Design and setting Recruitment of participants to the ICBPM4 survey is based on cancer registries in each jurisdiction. Questionnaires draw on previous instruments and have been through a process of cognitive testing and piloting in three jurisdictions followed by standardised translation and adaptation. Data analysis focuses on comparing differences in time intervals and routes to diagnosis in the jurisdictions. Participants Our target is 200 patients with symptomatic breast, lung, colorectal and ovarian cancer in each jurisdiction. Patients are approached directly or via their primary care physician (PCP). Patients’ PCPs and cancer treatment specialists (CTSs) are surveyed, and ‘data rules’ are applied to combine and reconcile conflicting information. Where CTS information is unavailable, audit information is sought from treatment records and databases. Main outcomes Reliability testing of the patient questionnaire showed that agreement was complete (κ=1) in four items and substantial (κ=0.8, 95% CI 0.333 to 1) in one item. The identification of eligible patients is sufficient to meet the targets for breast, lung and colorectal cancer. Initial patient and PCP survey response rates from the UK and Sweden are comparable with similar published surveys. Data collection was completed in early 2016 for all cancer types. Conclusion An international questionnaire-based survey of patients with cancer, PCPs and CTSs has been developed and launched in 10 jurisdictions. ICBPM4 will help to further understand international differences in cancer survival by comparing time intervals and routes to cancer

Negotiating jurisdiction in the workplace: a multiple-case study of nurse prescribing in hospital settings.

NARCIS (Netherlands)

Kroezen, M.; Mistiaen, P.; Dijk, L. van; Groenewegen, P.P.; Francke, A.L.

2014-01-01

This paper reports on a multiple-case study of prescribing by nurse specialists in Dutch hospital settings. Most analyses of interprofessional negotiations over professional boundaries take a macro sociological approach and ignore workplace jurisdictions. Yet boundary blurring takes place and

Negotiating jurisdiction in the workplace: A multiple-case study of nurse prescribing in hospital settings

NARCIS (Netherlands)

Kroezen, M.; Mistiaen, P.; van Dijk, L.; Groenewegen, P.P.; Francke, A.L.

2014-01-01

This paper reports on a multiple-case study of prescribing by nurse specialists in Dutch hospital settings. Most analyses of interprofessional negotiations over professional boundaries take a macro sociological approach and ignore workplace jurisdictions. Yet boundary blurring takes place and

Negotiating jurisdiction in the workplace : A multiple-case study of nurse prescribing in hospital settings

NARCIS (Netherlands)

Kroezen, M.; Mistiaen, P.; van Dijk, L.; Groenewegen, P. P.; Francke, A. L.

2014-01-01

This paper reports on a multiple-case study of prescribing by nurse specialists in Dutch hospital settings. Most analyses of interprofessional negotiations over professional boundaries take a macro sociological approach and ignore workplace jurisdictions. Yet boundary blurring takes place and

Border Patrol: Professional Jurisdictions in Sustainable Urban Environments

Directory of Open Access Journals (Sweden)

Rebecca Henn

2013-03-01

Full Text Available According to the United Nations, our world is becoming more populated, more urban, more connected, more globalized, and more complex. With this physical and social complexity comes a need for increased coordination in negotiating our urban futures. Environmental design and planning professionals have worked for decades according to traditional institutionalized role structures. Sustainability—in considering a wider variety of stakeholders—promises not only to include more members in the typical design and construction team (e.g., sustainability consultants, community representatives, technical specialists, etc., but also to change the jurisdiction of tasks (e.g., project management, decision making, design leadership, etc. taken on by actors in traditional roles (e.g., owner, architect, contractor, etc.. This paper examines how a wider social concern for environmental and social sustainability has affected the design and construction industry. Organizational and sociological theories suggest that professions are “bound to a set of tasks by ties of jurisdiction... [P]rofessions make up an interacting system... and a profession’s success reflects as much the situations of its competitors and the system structure as it does the profession’s own efforts” (Abbott 1988: 33. Abbott also suggests that “larger social forces” affect the structuring of professional boundaries. Treating sustainability as a “larger social force,” this paper examines current understandings of professional boundaries in the planning, design, and construction of our environments. It answers questions of how professionals renegotiate roles, responsibilities, and compensation when dealing with an uncertain change in traditional processes.The qualitative data stem from three university building projects. Each project was proposed ab initio without a mandate to achieve LEED Certification, but this complex criterion was subsequently added at different phases of

Regulatory policy issues and the Clean Air Act: Issues and papers from the state implementation workshops

Energy Technology Data Exchange (ETDEWEB)

Rose, K. [ed.; Burns, R.E.

1993-07-01

The National Regulatory Research Institute (NRRI), with funding from the US Environmental Protection Agency (EPA) and the US Department of Energy (DOE), conducted four regional workshops` on state public utility commission implementation of the Clean Air Act Amendments of 1990 (CAAA). The workshops had four objectives: (1) to discuss key issues and concerns on CAAA implementation, (2) to encourage a discussion among states on issues of common interests, (3) to attempt to reach consensus, where possible, on key issues, and (4) to provide the workshop participants with information and materials to assist in developing state rules, orders, and procedures. From the federal perspective, a primary goal was to ensure that workshop participants return to their states with a comprehensive background and understanding of how state commission actions may affect implementation of the CAAA and to be able to provide guidance to their jurisdictional utilities. It was hoped that this would reduce some of the uncertainty utilities face and assist in the development of an efficient allowance market. This report is divided into two main sections. In Section II, eleven principal issues are identified and discussed. These issues were chosen because they were either the most frequently discussed or they were related to the questions asked in response to the speakers` presentations. This section does not cover all the issues relevant to state implementation nor all the issues discussed at the workshops; rather, Section II is intended to provide an overview of the,planning, ratemaking, and multistate issues. Part III is a series of workshop papers presented by some of the speakers. Individual papers have been cataloged separately.

Transcending jurisdictions: developing partnerships for health in Manitoba First Nation communities.

Science.gov (United States)

Eni, Rachel; Phillips-Beck, Wanda

2011-09-01

The article describes national, regional and community-level activities that contributed to the Manitoba First Nation partnership in maternal and child health programming. The activities reveal a potential for health change that is possible through working together across jurisdictional boundaries. Although we are only in the early phases of program implementation, the Manitoba First Nation Strengthening Families Maternal Child Health Program already suggests considerable successes and measurable outcomes. The article encourages development of further partnerships in the promotion of First Nation health and wellness programming.

Construction Waste Management Profiles, Practices, and Performance: A Cross-Jurisdictional Analysis in Four Countries

Directory of Open Access Journals (Sweden)

Vivian Wing-Yan Tam

2016-02-01

Full Text Available Construction waste management (CWM has received worldwide attention for some time. As a result, a plethora of research, investigating a wide array of CWM issues such as their profiles, practices, and performance, has been reported in individual economies around the globe. However, a cross-jurisdictional comparison of these issues is limitedly presented in the literature despite its importance to benchmarking performance and identifying best CWM practices in the context of globalization whereby knowledge sharing has already transcended traditional country boundaries. The aim of this ex post facto research is to compare CWM profiles, practices, and performance in Australia, Europe (Europe refers to EU-27 member countries in the European Union, including Belgium, France, Germany, Italy, Luxembourg, Netherlands, Denmark, Great Britain, Ireland, Portugal, Spain, Greece, Austria, Finland, Sweden, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Malta, Cyprus, Bulgaria, and Romania., Hong Kong, and the United Kingdom at a national-level, with a view to facilitating CWM knowledge sharing internationally. It does so by triangulating empirical data collected from various national statistical yearbooks with research papers and professional reports on CWM in these economies. It is found that in producing one million (US dollars’ work, construction contributes a volume of solid waste ranging from 28 to 121 tons among countries. Conscientious CWM practices can make a significant difference in reducing, reusing, or recycling construction waste, as evident in the large variation in the CWM performance. While it might be oversimplified to conclude that the best practices in one country can be applied in another, the research provides insightful references into sharing CWM knowledge across boundaries.

Due Process in the Internet Jurisdiction: Landing Softly on the Other Side of the Looking Glass

National Research Council Canada - National Science Library

Kolb, Natalie A

2001-01-01

.... However, even if a U.S. state court exercises improper jurisdiction over a non-resident defendant in an Internet case, due process protection can be revived at the choice-of-law and enforcement stages of the judicial proceeding...

Jurisdictional conflict in the early modern Valencia. Conflicting instances and solutions

Directory of Open Access Journals (Sweden)

Teresa CANET APARISI

2011-07-01

Full Text Available Normal 0 21 false false false ES X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi; mso-fareast-language:EN-US;} This work analyzes the different profiles of the jurisdictional conflict provoked inside the Kingdom of Valencia during the XVIth and XVIIth century. It establishes the reasons of the same ones and his protagonists and it also announces the institutional creations arisen to solve them. The obtained conclusions indicate the jurisdictional conflict (or of competitions as a very active element in the process of configuration of the administration of the early modern period; an effect obtained by the route of activating new forms of government across new institutions or changing the relation of hierarchy between the already existing.

24 CFR 92.451 - Reallocation of HOME funds from a jurisdiction that is not designated a participating...

Science.gov (United States)

2010-04-01

... Development HOME INVESTMENT PARTNERSHIPS PROGRAM Reallocations § 92.451 Reallocation of HOME funds from a... that the jurisdiction has failed to: (i) Meet the participation threshold amount in § 92.102; (ii...

Should the District Courts Have Jurisdiction Over Pre-Award Contract Claims? A Claim for the Claims Court

National Research Council Canada - National Science Library

Short, John J

1987-01-01

This thesis briefly examines the jurisdiction of the federal district courts and the United States Court of Claims over pre-award contract claims before the Federal Courts Improvement Act of October 1...

Drinking Water Quality Guidelines across Canadian Provinces and Territories: Jurisdictional Variation in the Context of Decentralized Water Governance

Directory of Open Access Journals (Sweden)

Gemma Dunn

2014-04-01

Full Text Available This article presents the first comprehensive review and analysis of the uptake of the Canadian Drinking Water Quality Guidelines (CDWQG across Canada’s 13 provinces and territories. This review is significant given that Canada’s approach to drinking water governance is: (i highly decentralized and (ii discretionary. Canada is (along with Australia only one of two Organization for Economic Cooperation and Development (OECD member states that does not comply with the World Health Organization’s (WHO recommendation that all countries have national, legally binding drinking water quality standards. Our review identifies key differences in the regulatory approaches to drinking water quality across Canada’s 13 jurisdictions. Only 16 of the 94 CDWQG are consistently applied across all 13 jurisdictions; five jurisdictions use voluntary guidelines, whereas eight use mandatory standards. The analysis explores three questions of central importance for water managers and public health officials: (i should standards be uniform or variable; (ii should compliance be voluntary or legally binding; and (iii should regulation and oversight be harmonized or delegated? We conclude with recommendations for further research, with particular reference to the relevance of our findings given the high degree of variability in drinking water management and oversight capacity between urban and rural areas in Canada.

Reform of the Belgian Justice System: Changes to the Role of Jurisdiction Chief, the Empowerment of Local Managers

Directory of Open Access Journals (Sweden)

Emilie Dupont

2017-12-01

Full Text Available The last waves of reform that affected, and continue to affect, the Belgian legal system led to an injunction for increased responsibility on the part of local managers, the jurisdiction chiefs. This tendency was initiated in the 1990s, with the introduction of a managerial logic into the legal sphere, whereby local initiatives took precedence in the absence of any clear and binding direction. The 2014 reform project, through its three constituent pillars, led to the strengthening of this logic, to the point where it became an important subject. The jurisdiction chiefs were therefore confronted with a new type of responsibility in that they became responsible for the dissemination of managerial discourse within their local body, for the implementation of change, and, consequently, for the success of this change, while at the same time, being confronted by a state and by political authorities that preferred to take a back-seat role. By observing, from an exploratory perspective, the developments caused by this transformational dynamic with regard to the role and function of the jurisdiction chiefs, our contribution highlights the wide range of receptions and appropriations of the reform project, and the concepts supporting the founding trio of pillars, based on five emerging, empirically-established subjects.

Drinking Water Quality Guidelines across Canadian provinces and territories: jurisdictional variation in the context of decentralized water governance.

Science.gov (United States)

Dunn, Gemma; Bakker, Karen; Harris, Leila

2014-04-25

This article presents the first comprehensive review and analysis of the uptake of the Canadian Drinking Water Quality Guidelines (CDWQG) across Canada's 13 provinces and territories. This review is significant given that Canada's approach to drinking water governance is: (i) highly decentralized and (ii) discretionary. Canada is (along with Australia) only one of two Organization for Economic Cooperation and Development (OECD) member states that does not comply with the World Health Organization's (WHO) recommendation that all countries have national, legally binding drinking water quality standards. Our review identifies key differences in the regulatory approaches to drinking water quality across Canada's 13 jurisdictions. Only 16 of the 94 CDWQG are consistently applied across all 13 jurisdictions; five jurisdictions use voluntary guidelines, whereas eight use mandatory standards. The analysis explores three questions of central importance for water managers and public health officials: (i) should standards be uniform or variable; (ii) should compliance be voluntary or legally binding; and (iii) should regulation and oversight be harmonized or delegated? We conclude with recommendations for further research, with particular reference to the relevance of our findings given the high degree of variability in drinking water management and oversight capacity between urban and rural areas in Canada.

Drinking Water Quality Guidelines across Canadian Provinces and Territories: Jurisdictional Variation in the Context of Decentralized Water Governance

Science.gov (United States)

Dunn, Gemma; Bakker, Karen; Harris, Leila

2014-01-01

This article presents the first comprehensive review and analysis of the uptake of the Canadian Drinking Water Quality Guidelines (CDWQG) across Canada’s 13 provinces and territories. This review is significant given that Canada’s approach to drinking water governance is: (i) highly decentralized and (ii) discretionary. Canada is (along with Australia) only one of two Organization for Economic Cooperation and Development (OECD) member states that does not comply with the World Health Organization’s (WHO) recommendation that all countries have national, legally binding drinking water quality standards. Our review identifies key differences in the regulatory approaches to drinking water quality across Canada’s 13 jurisdictions. Only 16 of the 94 CDWQG are consistently applied across all 13 jurisdictions; five jurisdictions use voluntary guidelines, whereas eight use mandatory standards. The analysis explores three questions of central importance for water managers and public health officials: (i) should standards be uniform or variable; (ii) should compliance be voluntary or legally binding; and (iii) should regulation and oversight be harmonized or delegated? We conclude with recommendations for further research, with particular reference to the relevance of our findings given the high degree of variability in drinking water management and oversight capacity between urban and rural areas in Canada. PMID:24776725

Regulatory challenges facing the global nuclear energy partnership

International Nuclear Information System (INIS)

Lyman, Edwin S.

2007-01-01

In January 2006 the Department of Energy (DOE) announced the creation of the Global Nuclear Energy Partnership (GNEP), an ambitious plan to reshape the nuclear energy production sector both in the United States and worldwide. If fully realized in the United States, GNEP would entail the construction of a large number of sodium-cooled fast reactors utilizing actinide-based fuels, multiple commercial-scale reprocessing plants for both light-water and fast reactors, and fast reactor fuel fabrication plants. It appears likely that the first commercial-scale GNEP facilities, as well as a future full-scale GNEP complex, would fall under the licensing jurisdiction of the Nuclear Regulatory Commission (NRC). This will be a challenging endeavor for the NRC, primarily because the proposed GNEP facilities will in large part be based on novel and untested designs and processes that have not been developed on a commercial scale. In order to effectively regulate the GNEP complex, the NRC will have to quickly address the many technical and policy questions that will arise in any GNEP licensing scheme. This paper identifies some difficult issues that will be encountered in GNEP licensing by examining the potential implications of NRC's current policies and regulatory requirements, and analyzing the impacts of some emerging post-9/11 security issues. (author)

THE ORGANIZATION OF JURISDICTION IN EUROPEAN UNION PERSPECTIVE

Directory of Open Access Journals (Sweden)

Mihaela Agheniţei

2014-11-01

Full Text Available Nowadays, universal jurisdiction is the favorite technique used to prevent impunity for international crimes and it is one of the most effective methods to deter and prevent international crimes by increasing the like hood of prosecution and punishment of its propagators. In regard to the defendants’ rights, the European Union states consider applicable all the rights that are necessary to assure that the trial is equitable and expeditious. There is no exception to the right to a fair trial. So, a defendant who is being prosecuted on the basis of the universality principle can rely on all the procedural rights provided for the Convention on Human Rights and the domestic code of criminal procedure without any restrictions. In Germany, the Federal Constitutional Court, in a case concerning genocide committed abroad, declared expressly that no special criminal proceedings must be provided for specific crimes.

Hageseth's principle of extraterritorial jurisdiction and international telemedicine.

Science.gov (United States)

McLean, Thomas R; McLean, Alexander B

2008-01-01

At what point does an international telemedicine transaction create a sufficient commercial nexus to allow one country the authority to impose its laws on a foreign telemedicine providers? Some light on this matter was shed by the US case of Hageseth versus Superior Court. The authority for extraterritorial jurisdiction is found in the US Constitution, which requires the states to cooperate in matters of law enforcement. Similar cooperation from foreign nations cannot be expected. Unless a defendant is charged with a capital offence, nations are rarely willing to extradite their citizens. As the unlicensed practice of medicine is not a capital offence, it is unlikely that an unlicensed telemedicine provider would be extradited to the US. Because low-volume unlicensed offshore telemedicine providers are unlikely to be extradited or to be subject to trade sanctions, they may be able to operate beyond the law.

76 FR 67473 - Notice of Proposed Withdrawal, Transfer of Jurisdiction, and Notice of Public Meeting; California

Science.gov (United States)

2011-11-01

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [CACA 43949, LLCA930000, L14300000.ET0000] Notice of Proposed Withdrawal, Transfer of Jurisdiction, and Notice of Public Meeting; California AGENCY: Bureau of Land Management, Interior. ACTION: Notice; Correction. SUMMARY: The Bureau of Land Management...

75 FR 70288 - Notice of Proposed Withdrawal, Transfer of Jurisdiction, and Notice of Public Meeting; California

Science.gov (United States)

2010-11-17

... DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAD06000-L14300000-ET0000; CACA 43949] Notice of Proposed Withdrawal, Transfer of Jurisdiction, and Notice of Public Meeting; California AGENCY: Bureau of Land Management, Interior. ACTION: Correction. SUMMARY: The Bureau of Land Management published...

Reforming the South African Social Security Adjudication System: Innovative Experiences from South African Non-Social Security Jurisdictions

Directory of Open Access Journals (Sweden)

Mathias Ashu Tako Nyenti

2016-08-01

Full Text Available There is currently no uniform social security dispute resolution system in South Africa due to the piecemeal fashion in which schemes were established or protection against individual risks regulated. The result is that each statute provides for its own dispute resolution institution(s and processes. There are also various gaps and challenges in the current social security dispute resolution systems, some of these relating to the uncoordinated and fragmented nature of the system; inaccessibility of some social security institutions; inappropriateness of some current appeal institutions; the lack of a systematic approach in establishing appeal institutions; a limited scope of jurisdiction and powers of adjudication institutions; inconsistencies in review and/or appeal provisions in various laws; an unavailability of alternative dispute resolution procedures; and an absence of institutional independence of adjudication institutions or forums. The system is therefore in need of reform. In developing an appropriate system, much can be learned from innovative experiences in comparative South African non-social security jurisdictions on the establishment of effective and efficient dispute resolution frameworks. Dispute resolution systems in the labour relations, business competition regulation and consumer protection jurisdictions have been established to realise the constitutional rights of their users (especially the rights of access to justice, to a fair trial and to just administrative action. They thus provide a benchmark for the development of the South African social security dispute resolution system.

The problem of epistemic jurisdiction in global governance: The case of sustainability standards for biofuels.

Science.gov (United States)

Winickoff, David E; Mondou, Matthieu

2017-02-01

While there is ample scholarly work on regulatory science within the state, or single-sited global institutions, there is less on its operation within complex modes of global governance that are decentered, overlapping, multi-sectorial and multi-leveled. Using a co-productionist framework, this study identifies 'epistemic jurisdiction' - the power to produce or warrant technical knowledge for a given political community, topical arena or geographical territory - as a central problem for regulatory science in complex governance. We explore these dynamics in the arena of global sustainability standards for biofuels. We select three institutional fora as sites of inquiry: the European Union's Renewable Energy Directive, the Roundtable on Sustainable Biomaterials, and the International Organization for Standardization. These cases allow us to analyze how the co-production of sustainability science responds to problems of epistemic jurisdiction in the global regulatory order. First, different problems of epistemic jurisdiction beset different standard-setting bodies, and these problems shape both the content of regulatory science and the procedures designed to make it authoritative. Second, in order to produce global regulatory science, technical bodies must manage an array of conflicting imperatives - including scientific virtue, due process and the need to recruit adoptees to perpetuate the standard. At different levels of governance, standard drafters struggle to balance loyalties to country, to company or constituency and to the larger project of internationalization. Confronted with these sometimes conflicting pressures, actors across the standards system quite self-consciously maneuver to build or retain authority for their forum through a combination of scientific adjustment and political negotiation. Third, the evidentiary demands of regulatory science in global administrative spaces are deeply affected by 1) a market for standards, in which firms and states can

FEASIBILITY AND FINANCIAL ISSUES OF CLEAN PROJECT DEVELOPMENT MECHANISM IN ARGENTINA

Directory of Open Access Journals (Sweden)

García Fronti, Inés

2013-01-01

Full Text Available The objective of the research is to determine the current status and perspectives presented in Argentina in 2011 for different stakeholders regarding the development, execution and implementation of projects of clean development mechanism (CDM under the Kioto Protocol, with emphasis on the analysis of accounting issues.In the Argentinean research there is an analysis of the accounting issues under discussion and -taking as theirtory the Brazilian study mentioned- has surveyed and interviewed stakeholders belonging to government agencies, professional bodies such as councils accounting professionals in economics from different jurisdictions, academics, consultants and companies that deal or CDM projects plan to address issues relating to general and their views on potential regulations from bodies of the accounting profession and/or governmental and motivation of business and accounting issues of CDM projects such as moments of recognition of accounting entries and the different forms of the same recognition. The results showed that knowledge on the subject of stakeholders is initial but is possible an important increase in the future, accompanied by the development in Argentina of such projects.

The Historical Perspective of Formation of Offshore Jurisdictions as the Global System of Tax Evasion

Directory of Open Access Journals (Sweden)

Synyutka Nataliya G.

2017-03-01

Full Text Available The aim of this publication is improving the knowledge about the genesis of formation of offshore jurisdictions. The article characterizes the historical stages of origination of tax havens on the basis of theoretical generalizations and comparing the results of studies and publications on the specified issues. The article identifies the main groups of tax havens: offshores of the colonies of the former British Empire; the European havens; the group of simulators (such as Panama, Uruguay, Dubai, new havens in the countries with transition economy and in African countries. A comprehensive list of offshores in terms of actors by the domestic classification has been provided. The authors suggest, as a timely measures, establishing a coordinated international campaign to counter the aggressive tax planning. For the purpose of stabilization of the internal capital markets, as well as success of the fiscal control, the main directions of the anti-offshore policy have been proposed as follows: unification of the taxation rules for residents and non-residents within the offshore countries; global limitation of the bank secrecy along with transparency of information for the taxation purposes, ensuring transparency of ownership and tracing of end the beneficiaries of assets; changing the model convention for the avoidance of double taxation and the data exchange.

Successful and unsuccessful attempts to resolve caribou management and timber harvesting issues in west central Alberta

Directory of Open Access Journals (Sweden)

David Hervieux

1996-01-01

Full Text Available Research studies of woodland caribou in west central Alberta began in 1979 in response to proposed timber harvesting on their winter ranges. Using results from initial studies, timber harvest guidelines were developed. A recent review of these guidelines, and the assumptions on which they were based, has resulted in a renegotiation by government and industry of timber harvesting on caribou range in west central Alberta. Caribou range in west central Alberta overlaps many jurisdictional boundaries: federal and provincial lands, four Forest Management Agreement Areas, three Alberta Land and Forest Service Regions and two Alberta Fish and Wildlife Service Regions. This jurisdictional complexity in combination with other factors such as total allocation of the timber resources, high levels of petroleum, natural gas and coal extraction activities, a high level of concern by public groups for caribou conservation and recent understanding of woodland caribou needs for abundant space has made resolution of caribou/timber harvest conflicts exceedingly slow and often relatively unproductive. This paper reviews 10 years of trying to resolve conflicts between timber harvesting and caribou conservation through meetings, committees, integrated resource planning, policy papers and public consultation. We describe what might be learned by other jurisdictions that are trying to resolve similar caribou/timber harvesting issues. We conclude with an overview of recent timber harvest planning initiatives on caribou range in west central Alberta.

Why Jurisdiction and Uranium Deposit Quality are Essential Considerations for Exploration and Mining of Uranium

International Nuclear Information System (INIS)

Miller, David R.

2014-01-01

Conclusions: JURISDICTION versus GRADE: Grade is King! But government policy can and does affect the ability to mine. Government can and does help get projects into production by: • Streamlining Permit Process; • Favorable Royalty and Infrastructure Support; • And by default, faster approval allows a better economic return by hitting peak price and utilizing the time value of money factor.

Decree 560/003. It approve the National Regulations text about dangerous goods transport by road, for national jurisdiction routes

International Nuclear Information System (INIS)

2004-01-01

This decree approve the transport regulation in the national jurisdiction routes. Is prohibited the transport of dangerous good with contamination risk in food, medication or articles intended for human or animal use

Issues resulting from separation of production and facilities interests

International Nuclear Information System (INIS)

Park, J. J.

1996-01-01

Traditionally, Canadian oil and gas producers have had full control over the exploration, production, marketing, processing and transportation aspects of their business. The disadvantages and recent changes to this traditional structure were discussed. It was shown how the deregulation of gas markets and prices in the 1980s led to some major changes in the industry. The separation of production interests from the processing and gathering facilities required a new focus by both producers and owners of the facilities. The concerns of both sides (i.e. producers and processors) were outlined. The importance of the Petroleum Joint Venture Agreement (PJVA) in defining obligations in plant expansion and development, and the jurisdictional issues over gathering and processing were described

Evaluation of the environmental potential of the resources, soil, water, mineral and forests in the Cardique jurisdiction

International Nuclear Information System (INIS)

Velasquez Monsalve, Elkin; Viana Rios, Ricardo; Perez Ceron, Rosalbina

1999-01-01

The general objective of the study is to obtain a global vision of the potential of the soils, of the water, of the forests, of the construction materials and of the recharge areas of aquifer, as well as of the existent forests in the territory understood inside the Cardique jurisdiction to scale 1:100.000 with base in the existent secondary information and a general revision of field. The potential of the soils was determined to produce cultivations and to characterize this resource like basic element in the ecosystems operation. The hydrological and climatologically characterization was elaborated. It was determined with base in properties like the primary and secondary porosity of the rocks, the areas with potential of recharge of the aquifers. They were characterized and they evaluated the present forests in the Cardique jurisdiction, and some aspects of the structure and flora composition and their relationship were known with some physiographic elements; finally the areas were determined with possibility of use of construction materials

European Council’s member states’ jurisdiction regarding the execution of court decisions and it’s issues

Directory of Open Access Journals (Sweden)

Alkelina Gazidede

2016-01-01

This paper aimes to analyze the legal system of member states regarding the reinforcment of decisions looking forword to identify issues, commonalities and diferences among states. What is the procedure followed in the process of execution? What do we understand with “Reasonable timeframe” and which are the legal requirements in which are based “Concrete deadlines” within a judicial decision should be executed? What is the significance of the enforcment agents in this process?

Collaborative jurisdiction in the regulation of electric utilities: A new look at jurisdictional boundaries

Energy Technology Data Exchange (ETDEWEB)

NONE

1991-12-31

This conference is one of several activities initiated by FERC, DOE and NARUC to improve the dialogue between Federal and State regulators and policymakers. I am pleased to be here to participate in this conference and to address, with you, electricity issues of truly national significance. I would like to commend Ashley Brown and the NARUC Electricity Committee for its foresight in devising a conference on these issues at this critical juncture in the regulation of the electric utility industry. I also would like to commend Chairman Allday and the FERC for their efforts to improve communication between Federal and State electricity regulators; both through FERC`s Public Conference on Electricity Issues that was held last June, and through the FERC/NARUC workshops that are scheduled to follow this conference. These collaborative efforts are important and necessary steps in addressing successfully the many issues facing the electric utility industry those who regulate it, and those who depend upon it - in other words, about everyone.

Administrative Jurisdiction in NMa decisions with respect to Energy Jurisdiction

International Nuclear Information System (INIS)

Algera, W.T.

2011-01-01

In 2010 decisions were made in 14 energy issues with respect to decisions of the Netherlands Competition Authority NMa. All the decisions were done by Court of Appeal for trade and industry. The decisions touch upon a broad spectrum of subjects and comprise several procedures. They are discussed and commented in this thematic annual analysis. [nl

A bioeconomic analysis of an emerald ash borer invasion of an urban forest with multiple jurisdictions

Science.gov (United States)

Kent F. Kovacs; Robert G. Haight; Rodrigo J. Mercader; Deborah G. McCullough

2014-01-01

Bio-invasions occur in management mosaics where local control affects spread and damage across political boundaries. We address two obstacles to local implementation of optimal regional control of a bio-invasion that damages public and private resources across jurisdictions: lack of local funds to protect the public resource and lack of access to protect the private...

Numerical simulation of groundwater flow, resource optimization, and potential effects of prolonged drought for the Citizen Potawatomi Nation Tribal Jurisdictional Area, central Oklahoma

Science.gov (United States)

Ryter, Derek W.; Kunkel, Christopher D.; Peterson, Steven M.; Traylor, Jonathan P.

2015-08-13

A hydrogeological study including two numerical groundwater-flow models was completed for the Citizen Potawatomi Nation Tribal Jurisdictional Area of central Oklahoma. One numerical groundwater-flow model, the Citizen Potawatomi Nation model, encompassed the jurisdictional area and was based on the results of a regional-scale hydrogeological study and numerical groundwater flow model of the Central Oklahoma aquifer, which had a geographic extent that included the Citizen Potawatomi Nation Tribal Jurisdictional Area. The Citizen Potawatomi Nation numerical groundwater-flow model included alluvial aquifers not in the original model and improved calibration using automated parameter-estimation techniques. The Citizen Potawatomi Nation numerical groundwater-flow model was used to analyze the groundwater-flow system and the effects of drought on the volume of groundwater in storage and streamflow in the North Canadian River. A more detailed, local-scale inset model was constructed from the Citizen Potawatomi Nation model to estimate available groundwater resources for two Citizen Potawatomi Nation economic development zones near the North Canadian River, the geothermal supply area and the Iron Horse Industrial Park.

Incorporating transparency into the governance of deep-seabed mining in the Area beyond national jurisdiction

OpenAIRE

Ardron, Jeff A.; Ruhl, Henry A.; Jones, Daniel O.B.

2018-01-01

In the governance of natural resources, transparency has been linked to improved accountability, as well as enforceability, compliance, sustainability, and ultimately more equitable outcomes. Here, good practices in transparency relevant to the emerging governance of deep-seabed mining in the Area beyond national jurisdiction are identified and compared with current practices of the International Seabed Authority (ISA). The analysis found six areas of good transparency practice that could imp...

Jurisdiction in international civil and commercial cases : a comparative study of the law in the IBSA countries and the Hague Convention on Choice of Court Agreements

OpenAIRE

2015-01-01

LL.M. (International Commercial Law) This dissertation concerns a comparative analysis of Brazilian, Indian and South African private international law principles on the exercise of jurisdiction in international civil and commercial cases. The intention is to uncover the fundamental grounds of jurisdiction in these legal systems and in doing so draw attention to their comparable characteristics. Emphasis is placed on matters of a commercial nature. Furthermore, a discussion of the Hague Co...

76 FR 72756 - Finding That the Islamic Republic of Iran Is a Jurisdiction of Primary Money Laundering Concern

Science.gov (United States)

2011-11-25

... Money Laundering Concern AGENCY: The Financial Crimes Enforcement Network (``FinCEN''), Treasury. ACTION... that the Islamic Republic of Iran is a jurisdiction of primary money laundering concern. DATES: The... PATRIOT Act''), Public Law 107-56. Title III of the USA PATRIOT Act amends the anti- money laundering...

Questions of jurisdiction in the event of a nuclear accident in a member state of the European union

International Nuclear Information System (INIS)

Galizzi, P.

1996-01-01

Jurisdictional problems are outlined that could be encountered by victims of a serious nuclear accident, with transboundary consequences, seeking to recover compensation (in a Member State of the European Union). The situation is only partly covered by existing treaty law and not all Member States are a party to the relevant treaties. A hypothetical case-study has been devised which supposes that a nuclear accident has occurred in the Netherlands causing damage in three selected countries. Of these, the first (Germany) is a party to the 1960 Paris Convention on Third Party Liability in the field of Nuclear Energy, the second (Hungary) is a party to the 1963 Vienna Convention on Civil Liability for Nuclear Damage, and the third (Luxembourg) is a not a party to either Convention. Answers are sought for two questions related to this hypothetical accident. Firstly, which courts have jurisdiction over private claims for damage caused in these various countries? Secondly, which law will the competent courts apply? (UK)

Marine protected areas in areas beyond national jurisdiction
The pioneering efforts under the OSPAR Convention

Directory of Open Access Journals (Sweden)

Erik J. Molenaar

2009-06-01

Full Text Available The international community has committed itself to establishing a coherent network of marine protected areas (MPAs by 2012. This network should also extend to areas beyond national jurisdiction (ABNJ, namely the high seas and the ‘Area’ (the seabed and ocean floor and the subsoil thereof beyond the limits of national jurisdiction. This article examines the pioneering efforts of OSPAR to establish MPAs in ABNJ in the North-East Atlantic Ocean. In that connection, OSPAR has to work out how to deal with the applicable international governance and regulatory framework, most importantly the United Nations Convention on the Law of the Sea (UNCLOS and the various ‘competent’ international organizations functioning thereunder. The article’s most important conclusion is that an effective regime for ABNJ in general and also for holistic MPAs in ABNJ requires complementary action at the global and regional levels. OSPAR’s pioneering approach may, if pursued carefully – among other things by respecting the competence of other global and regional bodies – have a decisive impact on the development of the global legal regime in respect of the role of regional environmental organizations in the management of ABNJ.

Understanding Inclusive Education Practices in Schools under Local Government Jurisdiction: A Study of Khon Kaen Municipality in Thailand

Science.gov (United States)

Kantavong, Pennee

2018-01-01

This article investigates inclusive education practices in schools under the jurisdiction of Thai local government through a study of schools in Khon Kaen Municipality in Northeastern Thailand. Thailand's 1997 Constitution and 1999 National Education Act both legislated that the educational system must become inclusive, and under these laws…

Population-level interventions in government jurisdictions for dietary sodium reduction.

Science.gov (United States)

McLaren, Lindsay; Sumar, Nureen; Barberio, Amanda M; Trieu, Kathy; Lorenzetti, Diane L; Tarasuk, Valerie; Webster, Jacqui; Campbell, Norman Rc

2016-09-16

Excess dietary sodium consumption is a risk factor for high blood pressure, stroke and cardiovascular disease. Currently, dietary sodium consumption in almost every country is too high. Excess sodium intake is associated with high blood pressure, which is common and costly and accounts for significant burden of disease. A large number of jurisdictions worldwide have implemented population-level dietary sodium reduction initiatives. No systematic review has examined the impact of these initiatives. • To assess the impact of population-level interventions for dietary sodium reduction in government jurisdictions worldwide.• To assess the differential impact of those initiatives by social and economic indicators. We searched the following electronic databases from their start date to 5 January 2015: the Cochrane Central Register of Controlled Trials (CENTRAL); Cochrane Public Health Group Specialised Register; MEDLINE; MEDLINE In Process & Other Non-Indexed Citations; EMBASE; Effective Public Health Practice Project Database; Web of Science; Trials Register of Promoting Health Interventions (TRoPHI) databases; and Latin American Caribbean Health Sciences Literature (LILACS). We also searched grey literature, other national sources and references of included studies.This review was conducted in parallel with a comprehensive review of national sodium reduction efforts under way worldwide (Trieu 2015), through which we gained additional information directly from country contacts.We imposed no restrictions on language or publication status. We included population-level initiatives (i.e. interventions that target whole populations, in this case, government jurisdictions, worldwide) for dietary sodium reduction, with at least one pre-intervention data point and at least one post-intervention data point of comparable jurisdiction. We included populations of all ages and the following types of study designs: cluster-randomised, controlled pre-post, interrupted time series

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

International Nuclear Information System (INIS)

Rengier, R.

1992-01-01

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

The right to appeal under the constitution of Albania and court jurisdiction

Directory of Open Access Journals (Sweden)

Donika Plakolli

2017-03-01

Full Text Available The right to appeal is both a fundamental human right and a procedural tool, whereby parties exercise examination of the lawfulness of court rulings, etc. The constitution of the Republic of Albania, 1 approved in 1998, expressly provides for and guarantees the right to file an appeal. Unlike other rights, this fundamental right was not restricted, being in accordance with Article 17 of the Constitution, except for cases otherwise provided in the Constitution. In accordance with this constitutional right and guarantee, all codes of administrative procedures, civil and criminal procedure, provided for and widely guaranteed the exercise of the right to file an appeal. This absence of restriction of the right to fi le an appeal brought about an overload of court cases and trial delays, thus making the completion of the adjudication within a reasonable deadline uncertain. As a result, there rose the necessity to limit this right in the Constitution of the Republic of Albania. The amendments to the Constitution by Law no. 76/2016 also limited the right to fi le an appeal under Article 17 of the Constitution. However, these amendments were not complete, as they did not entail the exercise of the right to file an appeal against decisions of administrative authorities. The jurisdiction of the Constitutional Court of Albania is a guarantee of the right to appeal/effective access in the civil and administrative process, although slightly controversial in the criminal process. However, positive developments regarding the guarantee of effective access to the court have recently occurred. Even in the broad jurisdiction of the European Court of Human Rights, when cases from Albania have been adjudicated, violations of the right to effective appeal have been observed in the criminal process.

Comparing and contrasting poverty reduction performance of social welfare programs across jurisdictions in Canada using Data Envelopment Analysis (DEA): an exploratory study of the era of devolution.

Science.gov (United States)

Habibov, Nazim N; Fan, Lida

2010-11-01

In the mid-1990s, the responsibilities to design, implement, and evaluate social welfare programs were transferred from federal to local jurisdictions in many countries of North America and Europe through devolution processes. Devolution has caused the need for a technique to measure and compare the performances of social welfare programs across multiple jurisdictions. This paper utilizes Data Envelopment Analysis (DEA) for a comparison of poverty reduction performances of jurisdictional social welfare programs across Canadian provinces. From the theoretical perspective, findings of this paper demonstrates that DEA is a promising method to evaluate, compare, and benchmark poverty reduction performance across multiple jurisdictions using multiple inputs and outputs. This paper demonstrates that DEA generates easy to comprehend composite rankings of provincial performances, identifies appropriate benchmarks for each inefficient province, and estimates sources and amounts of improvement needed to make the provinces efficient. From a practical perspective the empirical results presented in this paper indicate that Newfoundland, Prince Edwards Island, and Alberta achieve better efficiency in poverty reduction than other provinces. Policy makers and social administrators of the ineffective provinces across Canada may find benefit in selecting one of the effective provinces as a benchmark for improving their own performance based on similar size and structure of population, size of the budget for social programs, and traditions with administering particular types of social programs. Copyright (c) 2009 Elsevier Ltd. All rights reserved.

Mandatory Reporting Laws and Identification of Child Abuse and Neglect: Consideration of Differential Maltreatment Types, and a Cross-Jurisdictional Analysis of Child Sexual Abuse Reports

Directory of Open Access Journals (Sweden)

Ben Mathews

2014-08-01

Full Text Available Mandatory reporting laws have been created in many jurisdictions as a way of identifying cases of severe child maltreatment on the basis that cases will otherwise remain hidden. These laws usually apply to all four maltreatment types. Other jurisdictions have narrower approaches supplemented by differential response systems, and others still have chosen not to enact mandatory reporting laws for any type of maltreatment. In scholarly research and normative debates about mandatory reporting laws and their effects, the four major forms of child maltreatment—physical abuse, sexual abuse, emotional abuse, and neglect—are often grouped together as if they are homogenous in nature, cause, and consequence. Yet, the heterogeneity of maltreatment types, and different reporting practices regarding them, must be acknowledged and explored when considering what legal and policy frameworks are best suited to identify and respond to cases. A related question which is often conjectured upon but seldom empirically explored, is whether reporting laws make a difference in case identification. This article first considers different types of child abuse and neglect, before exploring the nature and operation of mandatory reporting laws in different contexts. It then posits a differentiation thesis, arguing that different patterns of reporting between both reporter groups and maltreatment types must be acknowledged and analysed, and should inform discussions and assessments of optimal approaches in law, policy and practice. Finally, to contribute to the evidence base required to inform discussion, this article conducts an empirical cross-jurisdictional comparison of the reporting and identification of child sexual abuse in jurisdictions with and without mandatory reporting, and concludes that mandatory reporting laws appear to be associated with better case identification.

31 CFR 515.560 - Travel-related transactions to, from, and within Cuba by persons subject to U.S. jurisdiction.

Science.gov (United States)

2010-07-01

..., and within Cuba by persons subject to U.S. jurisdiction. 515.560 Section 515.560 Money and Finance... Licensing Policy § 515.560 Travel-related transactions to, from, and within Cuba by persons subject to U.S... guidelines with respect to Cuba or engaged in by U.S.-owned or -controlled foreign firms (general and...

Using complexity science and negotiation theory to resolve boundary-crossing water issues

Science.gov (United States)

Islam, Shafiqul; Susskind, Lawrence

2018-07-01

Many water governance and management issues are complex. The complexity of these issues is related to crossing of multiple boundaries: political, social and jurisdictional, as well as physical, ecological and biogeochemical. Resolution of these issues usually requires interactions of many parties with conflicting values and interests operating across multiple boundaries and scales to make decisions. The interdependence and feedback among interacting variables, processes, actors and institutions are hard to model and difficult to forecast. Thus, decision-making related to complex water problems needs be contingent and adaptive. This paper draws on a number of ideas from complexity science and negotiation theory that may make it easier to cope with the complexities and difficulties of managing boundary crossing water disputes. It begins with the Water Diplomacy Framework that was developed and tested over the past several years. Then, it uses three key ideas from complexity science (interdependence and interconnectedness; uncertainty and feedback; emergence and adaptation) and three from negotiation theory (stakeholder identification and engagement; joint fact finding; and value creation through option generation) to show how application of these ideas can help enhance effectiveness of water management.

Deep-sea genetic resources: New frontiers for science and stewardship in areas beyond national jurisdiction

Science.gov (United States)

Harden-Davies, Harriet

2017-03-01

The deep-sea is a large source of marine genetic resources (MGR), which have many potential uses and are a growing area of research. Much of the deep-sea lies in areas beyond national jurisdiction (ABNJ), including 65% of the global ocean. MGR in ABNJ occupy a significant gap in the international legal framework. Access and benefit sharing of MGR is a key issue in the development of a new international legally-binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity in ABNJ. This paper examines how this is relevant to deep-sea scientific research and identifies emerging challenges and opportunities. There is no internationally agreed definition of MGR, however, deep-sea genetic resources could incorporate any biological material including genes, proteins and natural products. Deep-sea scientific research is the key actor accessing MGR in ABNJ and sharing benefits such as data, samples and knowledge. UNCLOS provides the international legal framework for marine scientific research, international science cooperation, capacity building and marine technology transfer. Enhanced implementation could support access and benefit sharing of MGR in ABNJ. Deep-sea scientific researchers could play an important role in informing practical new governance solutions for access and benefit sharing of MGR that promote scientific research in ABNJ and support deep-sea stewardship. Advancing knowledge of deep-sea biodiversity in ABNJ, enhancing open-access to data and samples, standardisation and international marine science cooperation are significant potential opportunity areas.

Abu Dhabi-Great Britain and the crisis over jurisdiction 1959-1960

Directory of Open Access Journals (Sweden)

Federico Velez

2011-06-01

Full Text Available Las demandas presentadas por el Jeque Shakhbout en 1959 para obtener la plena soberanía jurídica sobre el emirato de Abu Dhabi generaron una crisis diplomática plasmada en la correspondencia interna del gobierno Británico. Con sus demandas, el Jeque Shakhbout forzaba a la burocracia a cargo de los Estados de la Tregua – La Oficina de Asuntos Extranjeros en Londres, el representante del gobierno Británico en Bahreín, y los agente administrativos y políticos en Dubai y Abu Dhabi a reexaminar las bases legales de la presencia Británica en la zona y los límites éticos del sistema judicial impuesto sobre sus habitantes. La crisis va mas allá de una discusión sobre los poderes jurisdiccionales. La crisis nos ofrece una ventana a las contradicciones inherentes a la  presencia Británica en la zona, en el marco del movimiento nacionalista árabe y del desarrollo de la industria petrolera y la futura redefinición de la relación entre Abu Dhabi  y la Gran Bretaña.Palabras clave: Abu Dhabi, Gran Bretaña, colonialismo___________________________Abstract:Demands to the British government for supreme jurisdiction over his territory presented by the ruler of Abu Dhabi in 1959 created a diplomatic crisis captured in the internal correspondence of the British government. Sheikh Shakhbout forced the entire bureaucracy that was dealing with the Trucial States – the Foreign Office in London, the British Resident in Bahrain, and the Political and Administrative Agents in Abu Dhabi and Dubai – to reexamine the legality of their presence in the region and the ethical limits of the judicial system imposed on this land.The crisis went beyond the mere discussion over jurisdictional powers. It is also a window into the contradictions linked to the British presence in the region, within the framework of the nascent Arab Nationalist movement and the development of the oil industry . All of which will soon change the nature of the relationship between

Interlocal collaboration on energy efficiency, sustainability and climate change issues

Science.gov (United States)

Chen, Ssu-Hsien

Interlocal energy collaboration builds upon network structures among local policy actors dealing with energy, climate change and sustainability issues. Collaboration efforts overcome institutional collective action (ICA) dilemmas, and cope with the problems spanning jurisdictional boundaries, externalities, and free-rider problems. Interlocal energy collaboration emerges as the agreements in greenhouse gas (GHG) emission reduction, pollution control, land use, purchasing, retrofits, transportation, and so forth. Cities work collaboratively through contractual mechanisms (i.e. formal/informal agreements) and collective mechanisms (i.e. regional partnerships or membership organizations) on a variety of energy issues. What factors facilitate interlocal energy collaboration? To what extent is collaboration through interlocal contractual mechanisms different from collective mechanisms? This dissertation tries to answer these questions by examining: city goal priority on energy related issues as well as other ICA explanatory factors. Research data are drawn mainly from the 2010 national survey "Implementation of energy efficiency and sustainability program" supported by National Science Foundation and the IBM Endowment for the Business of Government. The research results show that city emphasis on common pool resource, scale economies and externality issues significantly affect individual selection of tools for energy collaboration. When expected transaction costs are extremely high or low, the contractual mechanism of informal agreement is more likely to be selected to preserve most local autonomy and flexibility; otherwise, written and formal tools for collaboration are preferred to impose constraints on individual behavior and reduce the risks of defection.

Scope of Policy Issues in eHealth: Results From a Structured Literature Review

Science.gov (United States)

Durrani, Hammad; Nayani, Parvez; Fahim, Ammad

2012-01-01

Background eHealth is widely used as a tool for improving health care delivery and information. However, distinct policies and strategies are required for its proper implementation and integration at national and international levels. Objective To determine the scope of policy issues faced by individuals, institutions, or governments in implementing eHealth programs. Methods We conducted a structured review of both peer-reviewed and gray literature from 1998–2008. A Medline search for peer-reviewed articles found 40 papers focusing on different aspects of eHealth policy. In addition, a Google search found 20 national- and international-level policy papers and documents. We reviewed these articles to extract policy issues and solutions described at different levels of care. Results The literature search found 99 policy issues related to eHealth. We grouped these issues under the following themes: (1) networked care, (2) interjurisdictional practice, (3) diffusion of eHealth/digital divide, (4) eHealth integration with existing systems, (5) response to new initiatives, (6) goal-setting for eHealth policy, (7) evaluation and research, (8) investment, and (9) ethics in eHealth. Conclusions We provide a list of policy issues that should be understood and addressed by policy makers at global, jurisdictional, and institutional levels, to facilitate smooth and reliable planning of eHealth programs. PMID:22343270

Environmental issues in oil and gas operations in Yukon and in the N.W.T

International Nuclear Information System (INIS)

MacWilliam, A.G.

1999-01-01

Companies planning an expansion into the two territories ought to examine the way each territory deals with potential environmental issues such as spills, releases, contaminated sites and the reclamation of land. Recent legislation has provided each territory with a certain amount of autonomy, which includes the ability to oversee environmental protection. The Yukon, in particular, has considerable freedom in addressing environmental issues relating to oil and gas activities. Both territories are subject to the input and approval of the federal government and First Nations citizens where their respective interests or lands are involved. An overview is included of the regulation of environmental matters north of the 60th parallel. Although the expansion of oil and gas companies into the two territories 'north of 60' offers new opportunities, operators must consider the potential for environmental issues such as spills, releases, site contamination and reclamation of land. In the Yukon where the government has assumed jurisdiction to regulate oil and gas resources, it is implementing a comprehensive regime to deal with environmental issues, at first, in draft form. In contrast, in the N.W.T. the federal government retains considerable control over gas and oil rights and the consequent environmental issues, and, accordingly, it is essential to be aware of federal environmental regulations for the time being

Environmental health and hazardous waste issues related to the U.S.-Mexico border.

Science.gov (United States)

Carter, D E; Peña, C; Varady, R; Suk, W A

1996-06-01

Environmental health and environmental quality issues along the U.S.-Mexico border have been of concern for several years. The enactment of the North American Free Trade Agreement and the presence of the maquiladoras (foreign-owned industries using imported raw materials) have intensified those concerns recently. Efforts to assess these issues are complicated by the fact that many of the issues affecting the border region are within federal jurisdiction, but the problems are regional and local in nature. Thus, state and local governments become involved with public concerns about real and potential problems. One major problem is that environmental health data from this region are lacking, particularly from Mexico. Some new agencies such as the Border Environment Cooperation Commission, the United States-Mexico Border Health Commission, and the North American Commission on Environmental Cooperation have joined several existing agencies at the federal and state level to address environmental quality and health. Several studies have been initiated to determine air and water quality, but little is being done in the areas of hazardous waste and health assessment. Several problems are anticipated in the generation of such data, such as its format and accessibility. Data gaps and research needs are discussed.

Regulatory controls for NORM contamination: Emerging issues and strategies

International Nuclear Information System (INIS)

Wennerberg, Linda

1992-01-01

Naturally occurring and accelerator-produced radioactive material (NORM) faces the increasing likelihood of federal or state regulatory control. Public concern and limited preliminary survey data fuel the debate over the necessity, approach, and jurisdiction of a NORM regulatory strategy. This debate requires the resolution of technical controversies and potentially competing state and federal agency interests. An additional facet of the debate is the impact of regulation upon traditionally non-nuclear industries, such as oil and gas production. Regulatory response has been initiated in several states, such as Louisiana's controls on equipment used in oil and gas production, to control specific industrial activities which generate NORM. A more comprehensive, generic federal strategy to control NORM contamination is also under review by the Environmental Protection Agency. This paper will detail the emerging technical issues, federal and state regulatory strategies under consideration, and evaluate the efficacy of selected regulatory approaches. (author)

Legal issues in the transboundary movement of radioactive waste

International Nuclear Information System (INIS)

Pelzer, N.

2000-01-01

The transboundary movement of radioactive waste is a politically sensitive issue, which implies the raising of complex legal questions. Transborder transportation may be governed by various national jurisdictions on its way from the State of origin via the transit States to the State of destination. The overall goal to be achieved is safe management during all the necessary steps of transport, handling, storage and disposal. Far-reaching approximation or harmonization of national law applicable is to be aimed at in order to facilitate transboundary movement. Article 27 of the 1997 Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention) provides for a regime which, in principle, is appropriate. However, there are still open questions and, perhaps, lacunae remaining. Low risk materials exempt or released from regulatory control create specific problems owing to the fact that there are no agreed exemption or clearance levels which could be the base for unified legal provisions. The carrier may face different levels from State to State. The movement of radioactive waste by sea or air outside national jurisdictions is governed by the rules of Public International Law, especially by the 1982 United Nations Convention on the Law of the Sea, which in major parts is a codification of existing International Customary Law. During transport on the high seas, the ship is under the jurisdiction of the State under which flag she is sailing. If the nuclear cargo is loaded onto a ship sailing under the flag of a non-contracting party to the Joint Convention, there may be legal problems with regard to whether and to what extent the Joint Convention is applicable, even if the State of origin or the State of destination is a contracting party to the Joint Convention. If a nuclear incident occurs during the movement of the waste, complicated questions of nuclear liability law will have to be solved. As far as the

Synthesizing Global and Local Datasets to Estimate Jurisdictional Forest Carbon Fluxes in Berau, Indonesia.

Science.gov (United States)

Griscom, Bronson W; Ellis, Peter W; Baccini, Alessandro; Marthinus, Delon; Evans, Jeffrey S; Ruslandi

2016-01-01

Forest conservation efforts are increasingly being implemented at the scale of sub-national jurisdictions in order to mitigate global climate change and provide other ecosystem services. We see an urgent need for robust estimates of historic forest carbon emissions at this scale, as the basis for credible measures of climate and other benefits achieved. Despite the arrival of a new generation of global datasets on forest area change and biomass, confusion remains about how to produce credible jurisdictional estimates of forest emissions. We demonstrate a method for estimating the relevant historic forest carbon fluxes within the Regency of Berau in eastern Borneo, Indonesia. Our method integrates best available global and local datasets, and includes a comprehensive analysis of uncertainty at the regency scale. We find that Berau generated 8.91 ± 1.99 million tonnes of net CO2 emissions per year during 2000-2010. Berau is an early frontier landscape where gross emissions are 12 times higher than gross sequestration. Yet most (85%) of Berau's original forests are still standing. The majority of net emissions were due to conversion of native forests to unspecified agriculture (43% of total), oil palm (28%), and fiber plantations (9%). Most of the remainder was due to legal commercial selective logging (17%). Our overall uncertainty estimate offers an independent basis for assessing three other estimates for Berau. Two other estimates were above the upper end of our uncertainty range. We emphasize the importance of including an uncertainty range for all parameters of the emissions equation to generate a comprehensive uncertainty estimate-which has not been done before. We believe comprehensive estimates of carbon flux uncertainty are increasingly important as national and international institutions are challenged with comparing alternative estimates and identifying a credible range of historic emissions values.

Rewriting abortion: deploying medical records in jurisdictional negotiation over a forbidden practice in Senegal

Science.gov (United States)

Suh, Siri

2014-01-01

Boundary work refers to the strategies deployed by professionals in the arenas of the public, the law and the workplace to define and defend jurisdictional authority. Little attention has been directed to the role of documents in negotiating professional claims. While boundary work over induced abortion has been extensively documented, few studies have examined jurisdictional disputes over the treatment of abortion complications, or post-abortion care (PAC). This study explores how medical providers deploy medical records in boundary work over the treatment of complications of spontaneous and induced abortion in Senegal, where induced abortion is prohibited under any circumstance. Findings are based on an institutional ethnography of Senegal’s national PAC program over a period of 13 months between 2010 and 2011. Data collection methods included in-depth interviews with 36 health care professionals, observation of PAC services at three hospitals, a review of abortion records at each hospital, and a case review of illegal abortions prosecuted by the state. Findings show that health providers produce a particular account of the type of abortion treated through a series of practices such as the patient interview and the clinical exam. Providers obscure induced abortion in medical documents in three ways: the use of terminology that does not differentiate between induced and spontaneous abortion in PAC registers, the omission of data on the type of abortion altogether in PAC registers, and reporting the total number but not the type of abortions treated in hospital data transmitted to state health authorities. The obscuration of suspected induced abortion in the record permits providers to circumvent police inquiry at the hospital. PAC has been implemented in nearly 50 countries worldwide. This study demonstrates the need for additional research on how medical professionals negotiate conflicting medical and legal obligations in the daily practice of treating abortion

Survey of Indian issues in the state of New Mexico relating to uranium mining and milling

International Nuclear Information System (INIS)

Vandevender, S.G.; Barsumian, L.; Gurbaxani, S.H.

1979-11-01

Estimates of Indian uranium resources range from 11 to 50% of the US total resources. About 17% of New Mexico's reserves are known to be on Indian lands. New Mexico has produced almost half of the nation's uranium supply; over half of the known reserves are located within the state. However, the state has virtually no jurisdiction over development of Indian uranium. As a result, economic and environmental impacts on the state are beyond its control. The lack of state and federal control over these impacts is influencing how the Indians allow development to proceed. The impacts of Indian uranium development also influence state control of non-Indian. To the extent that these controls affect the availability of uranium concentrate, DOE needs to understand the issues involved. This issue paper identifies some of the related problems for both the Indians and the state and explores the reasons behind them

Job Satisfaction: Insights from Home Support Care Workers in Three Canadian Jurisdictions.

Science.gov (United States)

Panagiotoglou, Dimitra; Fancey, Pamela; Keefe, Janice; Martin-Matthews, Anne

2017-03-01

This mixed-methods study identified the personal and workplace characteristics that drive the job satisfaction of home support workers (HSWs) providing assistance to elderly clients. Data were based on a standardized measure of job satisfaction, along with in-depth qualitative interviews with 176 home support workers from three Canadian provincial jurisdictions (British Columbia, n = 108; Ontario, n = 28; Nova Scotia, n = 40). We anticipated that variability in demographic profiles between the three groups of workers and different job descriptions would be associated with differences in perceived job satisfaction. This was not the case. Results from the qualitative analysis highlight key areas that contributed to job satisfaction. These are job (scheduling, travel, and safety), economic (income security), and organizational (communication, support, and respect) factors. Given these findings, we recommend improvements to workplace communication, increased travel time allowance between clients, and wage parity with equivalent positions in long-term care facilities.

Delay In The Issuing Of D-Type Swiss Cartes De Legitimation

CERN Multimedia

DSU Department

2007-01-01

The Permanent Mission of Switzerland to the International Organisations in Geneva has informed CERN that, for technical reasons, the Federal Department of Foreign Affairs (Département fédéral des Affaires étrangères - DFAE) will be unable to issue D-type cartes de légitimation until after 15 December 2007. This is because, following the introduction of a new graphic design decided by the Swiss Federal Council, stocks of this type of card have run out. In the meantime, the Mission will issue E-type cards to the individuals concerned. These are valid for six months and will be gradually exchanged for D-type cards between December 2007 and February 2008. The Mission points out that the holding of an E-type card for a limited period will have no impact on the status of the officials in question, who will continue to benefit from immunity from jurisdiction in the discharge of their duties and be exempt from the payment of the annual tax on vehicles (a special note to this effect will be sent to the relevant...

Scope of current abandonment issues in the oil and gas industry

International Nuclear Information System (INIS)

Scott, I.F.H.

1997-01-01

Abandonment issues in the oil and gas industry, such as well sites, batteries, gas plants, compressor stations, and pipelines, were discussed. Responsibilities of the Canadian Association of Petroleum Producers (CAPP) for informing the Canadian public about energy and environmental issues on behalf of the upstream petroleum industry were reviewed. Industry regulators and those who have jurisdiction over the abandonment of facilities were identified. In Alberta, the main agencies are the Alberta Energy and Utilities Board, Alberta Environmental Protection, and Alberta Food and Rural Development in addition to the National Energy Board and Indian Oil and Gas Canada. At the end of 1995, 160,000 wells had been drilled in Alberta of which 60,000 are still active, 35,000 are suspended and 70,000 wells have been abandoned. The industry-financed Orphan Well Program was established to provide funds for facility abandonment, decontamination and surface reclamation costs associated with orphaned facilities. CAPP agrees that operators of oil and gas facilities must be held responsible and accountable for the abandonment of their facilities. CAPP is looking for support from government to ensure that enforcement actions limit the number of orphan facilities. tabs., figs

Generation capacity issues in deregulated markets : a Canadian perspective, volume 1

International Nuclear Information System (INIS)

Ayres, M.; Brereton, B.; Czamanski, D.; Van Melle, B.; Penman, A.

2004-01-01

A study was conducted by the Canadian Energy Research Institute (CERI) to assess generation capacity issues in deregulated electricity markets in Canada. This first volume is based on observations of the restructuring experience in several jurisdictions. It describes how, or if, energy-only markets are succeeding in ensuring capacity additions, and under what conditions. Supply-side and demand-side mechanisms have been proposed as solutions to address these problems. The report focuses on theoretical and practical issues of adequacy that are most relevant from a Canadian perspective. In fully developed energy markets, the price of energy reflects scarcity. Prices are low when generating resources are abundant, and owners make investment decisions based on price expectations. Although deregulated markets may theoretically offer a solution to the capacity adequacy problem, experience has shown that it is not easy to make the rules that make markets operate efficiently. It was concluded that it seems unlikely that deregulated markets in their current state will be able to offer adequate generation for the long term. The challenge lies in moving to competitive markets that encourage long term investment, and adding a capacity mechanism to the market design. refs., tabs., figs

Delay in the issuing of D-type Swiss cartes de légitimation

CERN Multimedia

DSU Department

2007-01-01

The Permanent Mission of Switzerland to the International Organisations in Geneva has informed CERN that, for technical reasons, the Federal Department of Foreign Affairs (Département fédéral des Affaires étrangères - DFAE) will be unable to issue D-type cartes de légitimation until after 15 December 2007. This is because, following the introduction of a new graphic design decided by the Swiss Federal Council, stocks of this type of card have run out. In the meantime, the Mission will issue E-type cards to the individuals concerned. These are valid for six months and will be gradually exchanged for D-type cards between December 2007 and February 2008. The Mission points out that the holding of an E-type card for a limited period will have no impact on the status of the officials in question, who will continue to benefit from immunity from jurisdiction in the discharge of their duties and be exempt from the payment of the annual tax on vehicles (a special note to this e...

Hydropower developments in Canada: number, size and jurisdictional and ecological distribution

Energy Technology Data Exchange (ETDEWEB)

Lee, Peter G.; Hanneman, Matt; Cheng, Ryan [Global Forest Watch Canada (Canada)

2011-08-15

For over 200 years, energy production and consumption, along with all human activities, have been contributing to global warming. This report is part of a project that examines 10 major energy sectors to provide information on Canada's energy options in the face of climate change; this present study gives information on hydropower reservoirs and associated dams in Canada. The mapping, jurisdictional and ecological distribution of reservoirs and dams across Canada is provided herein. Canada's hydropower installations are composed of 271 large hydropower facilities covering 58,015 km2 with a capacity of 71,857 MW, accounting for 44% of Canada's total technical hydroelectric capacity. Quebec, Ontario and British Columbia are the provinces with the most large hydropower dams; 19% of the watersheds are occupied in part by hydropower reservoirs and the taiga shield, boreal shield and montane cordillera ecozones contain most of the reservoir areas. The majority of future developments are expected to be built within 5km of intact forest landscapes.

Land and Resource Management Issues Relevant to Deploying In-Situ Thermal Technologies

Energy Technology Data Exchange (ETDEWEB)

Keiter, Robert [Univ. of Utah, Salt Lake City, UT (United States); Ruple, John [Univ. of Utah, Salt Lake City, UT (United States); Tanana, Heather [Univ. of Utah, Salt Lake City, UT (United States); Kline, Michelle [Univ. of Utah, Salt Lake City, UT (United States)

2011-01-01

Utah is home to oil shale resources containing roughly 1.3 trillion barrels of oil equivalent and our nation’s richest oil sands resources. If economically feasible and environmentally responsible means of tapping these resources can be developed, these resources could provide a safe and stable domestic energy source for decades to come. In Utah, oil shale and oil sands resources underlay a patchwork of federal, state, private, and tribal lands that are subject to different regulatory schemes and conflicting management objectives. Evaluating the development potential of Utah’s oil shale and oil sands resources requires an understanding of jurisdictional issues and the challenges they present to deployment and efficient utilization of emerging technologies. The jurisdictional patchwork and divergent management requirements inhibit efficient, economic, and environmentally sustainable development. This report examines these barriers to resource development, methods of obtaining access to landlocked resources, and options for consolidating resource ownership. This report also examines recent legislative efforts to wrest control of western public lands from the federal government. If successful, these efforts could dramatically reshape resource control and access, though these efforts appear to fall far short of their stated goals. The unintended consequences of adversarial approaches to obtaining resource access may outweigh their benefits, hardening positions and increasing tensions to the detriment of overall coordination between resource managers. Federal land exchanges represent a more efficient and mutually beneficial means of consolidating management control and improving management efficiency. Independent of exchange proposals, resource managers must improve coordination, moving beyond mere consultation with neighboring landowners and sister agencies to coordinating actions with them.

Nurse prescribing of medicines in Western European and Anglo-Saxon countries: a survey on forces, conditions and jurisdictional control.

Science.gov (United States)

Kroezen, Marieke; Francke, Anneke L; Groenewegen, Peter P; van Dijk, Liset

2012-08-01

The number of Western European and Anglo-Saxon countries where nurses are legally allowed to prescribe medicines is growing. As the prescribing of medicines has traditionally been the task of the medical profession, nurse prescribing is changing the relationship between the medical and nursing professions. To gain more insight into the forces that led to the introduction of nurse prescribing of medicines in Western European and Anglo-Saxon countries, as well as into the legal, educational and organizational conditions under which nurses prescribe in these countries. Moreover, this study sought to determine which consequences nurse prescribing has for the division of jurisdictional control over prescribing between the nursing and medical professions. International survey. An email survey was sent to 60 stakeholders of professional nursing or medical associations or government bodies, at national, state or provincial level across ten Western European and Anglo-Saxon countries, namely Australia, Canada, Finland, Ireland, the Netherlands, New Zealand, Spain, Sweden, the United Kingdom and the United States of America. The survey addressed the reasons for the introduction of nurse prescribing and the conditions under which nurses are or will be prescribing medicines. The response rate was 65% (n=39). It was shown that a diversity of forces led to the introduction of nurse prescribing, and respondents from nursing and medical associations and government bodies cited different forces as being important for the introduction of nurse prescribing. Representatives of nurses' associations oftentimes emphasized the medication needs of patients living in remote geographical areas, while representatives of medical associations more often pointed to workforce shortages within the health care service. The conditions under which nurses prescribe medicines vary considerably, from countries where nurses prescribe independently to countries in which prescribing by nurses is only

The impact of public policy on entrepreneurship : a critical investigation of the protestant ethic on a divided island jurisdiction

OpenAIRE

Baldacchino, Godfrey; Dana, Leo Paul

2006-01-01

The island of St. Martin is the world’s smallest shared jurisdiction. For around 350 years, 37 square miles (92km2) have been divided into two legal entities, Dutch Sint Maarten and French Saint Martin, each with its separate sub-national government and its respective business policies. This situation carries the hallmarks of an almost controlled experiment on the impact of ‘The Protestant Ethic’, with each nation’s respective policy being the treatment variable under study. Keepi...

Cross-border issues that arise in conjunction with the execution of U.S.-Canadian natural gas contracts

International Nuclear Information System (INIS)

Martin, J. G.

1999-01-01

Development of the U.S.-Canadian natural gas market as it is today and the issues that may arise in cross-border transactions involving natural gas contracts between the two countries are reviewed. In this context, the paper reviews recent history of U.S.-Canadian trade relations culminating in the development of NAFTA, the U.S. regulatory and legislative framework surrounding cross-border natural gas transactions, and general U.S. foreign trade policy that may come into play at the U.S.- Canada border. The paper also examines certain issues arising in the U.S. commercial context that may be of interest to Canadian corporations, specifically the U.S. Uniform Commercial Code, state jurisdiction on the U.S. side of the border, state and federal tax concerns, and the mechanics and potential benefits for a Canadian parent company in forming a U.S.-based subsidiary to handle U.S.-Canada natural gas transactions. 71 refs

Ethics and privacy issues of a practice-based surveillance system: need for a national-level institutional research ethics board and consent standards.

Science.gov (United States)

Kotecha, Jyoti A; Manca, Donna; Lambert-Lanning, Anita; Keshavjee, Karim; Drummond, Neil; Godwin, Marshall; Greiver, Michelle; Putnam, Wayne; Lussier, Marie-Thérèse; Birtwhistle, Richard

2011-10-01

To describe the challenges the Canadian Primary Care Sentinel Surveillance Network (CPCSSN) experienced with institutional research ethics boards (IREBs) when seeking approvals across jurisdictions and to provide recommendations for overcoming challenges of ethical review for multisite and multijurisdictional surveillance and research. The CPCSSN project collects and validates longitudinal primary care health information (relating to hypertension, diabetes, depression, chronic obstructive lung disease, and osteoarthritis) from electronic medical records across Canada. Privacy and data storage security policies and processes have been developed to protect participants' privacy and confidentiality, and IREB approval is obtained in each participating jurisdiction. Inconsistent interpretation and application of privacy and ethical issues by IREBs delays and impedes research programs that could better inform us about chronic disease. The CPCSSN project's experience with gaining approval from IREBs highlights the difficulty of conducting pan-Canadian health surveillance and multicentre research. Inconsistent IREB approvals to waive explicit individual informed consent produced particular challenges for researchers. The CPCSSN experience highlights the need to develop a better process for researchers to obtain timely and consistent IREB approvals for multicentre surveillance and research. We suggest developing a specialized, national, centralized IREB responsible for approving multisite studies related to population health research.

Stream-water and groundwater quality in and near the Citizen Potawatomi Nation Tribal Jurisdictional Area, Pottawatomie County, Oklahoma, 2012-13

Science.gov (United States)

Becker, Carol J.

2014-01-01

The Citizen Potawatomi Nation needs to characterize their existing surface-water and groundwater resources in and near their tribal jurisdictional area to complete a water-resource management plan. Water resources in this area include surface water from the North Canadian and Little Rivers and groundwater from the terrace and alluvial aquifers and underlying bedrock aquifers. To assist in this effort, the U.S. Geological Survey (USGS), in cooperation with the Citizen Potawatomi Nation, collected water-quality samples at 4 sites on 3 streams and from 30 wells during 2012 and 2013 in and near the Citizen Potawatomi Nation Tribal Jurisdictional Area in central Oklahoma. Stream samples were collected eight times on the North Canadian River at the upstream USGS streamflow-gaging station North Canadian River near Harrah, Okla. (07241550); at the downstream USGS streamflow-gaging station North Canadian River at Shawnee, Okla. (07241800); and on the Little River at the USGS streamflow-gaging station Little River near Tecumseh, Okla., (07230500). Stream samples also were collected three times at an ungaged site, Deer Creek near McLoud, Okla. (07241590). Water properties were measured, and water samples were analyzed for concentrations of major ions, nutrients, trace elements, counts of fecal-indicator bacteria, and 69 organic compounds.

A Step Forward in the Harmonization of European Jurisdiction: Regulation Brussels I Recast

Directory of Open Access Journals (Sweden)

Hamed Alavi

2015-12-01

Full Text Available The Brussels regime is a legislative framework that regulates questions of transnational litigation in the European Union. Having been initially shaped upon negotiation of the 1968 Brussels Convention, it has been subsequently superseded and expanded in scope by the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, alongside other instruments addressing specific areas of law. Recently, the Brussels regime has been amended by the Recast Brussels I Regulation, which entered into force on January 15, 2015, bringing about significant and long-awaited change. Addressing the experience of application of its predecessors, the changes in the Recast Regulation have been introduced to the treatment of choice-of-court agreements and their relationship with the lis pendens doctrine, abolition of exequatur, reaffirmation and clarification of the arbitration exclusion, as well as further minor amendments.

San Francisco Bay Area CHARG: Coastal Hazards Adaptation Resiliency Group, a Multi-Jurisdictional Collaboration to Develop Innovative Regional Solutions to Address Sea Level Rise and Improve Shoreline Resiliency

Science.gov (United States)

Saleh, R.

2017-12-01

For a challenge as complex and far-reaching as sea level rise and improving shoreline resiliency, strong partnerships between scientists, elected officials, decision-makers, and the general public are the only way that effective solutions can be developed. The San Francisco Bay, like many similar sheltered water coastal environments (for example, Galveston Bay, Tampa Bay, or Venetian Lagoon) offers a unique opportunity for multiple jurisdictions to collaborate to address sea level rise on a regional basis. For the San Francisco Bay, significant scientific progress has been made in building a real-time simulation model for riverine and Bay hydrodynamics. Other major scientific initiatives, such as morphology mapping, shoreline mapping, and a sediment budget are also underway. In 2014, leaders from the Bay Area science, engineering, planning, policy, elected, and regulatory communities representing jurisdictions around the Bay joined together to address sea level rise. The group includes people from local, regional, state, and federal agencies and organizations. Together, CHARG (Coastal Hazards Adaptation Resiliency Group) established a collective vision and approach to implementing regional solutions. Decision-makers within many Bay Area jurisdictions are motivated to show demonstrable progress toward addressing sea level rise. However, the cost to implement shoreline resiliency solutions will be very large, and must be founded on strong science.CHARG is now tackling several key technical challenges. One is to develop science-based guidelines for local jurisdictions to determine when a project is local, sub-regional, or regional. Concurrently, several organizations are planning or implementing pilot shoreline resiliency projects and other programs. Many creative regional solutions are possible in a sheltered water environment that simply would not be feasible along the open coast. By definition, these solutions cannot be undertaken by one entity alone. Large

Nuclear choice: are health and safety issues pre-empted

International Nuclear Information System (INIS)

Henderson, G.B. II.

1980-01-01

This article examines the scope of the NRC's regulatory jurisdiction under the Atomic Energy Act in order to determine its proper effect on state siting laws. At the outset, a brief history of federal regulation of commercial nuclear power plants is set forth, and the cases that have dealt with the pre-emption issue in this area are reviewed. Next, an examination of the doctrine of federal pre-emption is conducted, focussing on the legal principles as they have been developed by the Supreme Court. Since the application of the pre-emption doctrine turns largely on the intent of Congress, the Atomic Energy Act and other pertinent federal legislation are examined to discern how far Congress has sought to extend its power over regulation of nuclear power. Some policy questions are also explored to determine whether it is appropriate to imply an intent on the part of Congress to pre-empt the field. Finally, a conclusion having been reached, the practical problems of what types of evidence may be admitted into the state siting agency's hearing are discussed and some solutions offered

Licences issued under environmental law in international private and procedural law

International Nuclear Information System (INIS)

Kohler, C.

1991-01-01

The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

28 CFR Appendix to Part 55 - Jurisdictions Covered Under Sections 4(f)(4) and 203(c) of the Voting Rights Act of 1965, as Amended

Science.gov (United States)

2010-07-01

... REGARDING LANGUAGE MINORITY GROUPS Pt. 55, App. Appendix to Part 55—Jurisdictions Covered Under Sections 4(f...)(4) and 203(c) of the Voting Rights Act of 1965, as Amended [Applicable language minority group(s... (Chinese, Filipino, Japanese, Vietnamese), Spanish heritage. Merced County Spanish heritage Monterey County...

Belgium

OpenAIRE

Maeyaert, Stijn; Judo, Frank; Vandeburie, Aurelien; Lindemans, Dirk

2014-01-01

The Government Procurement Review brings together contributions from procurement lawyers across five continents and provides real insight to the key issues in government procurement across the different jurisdictions.This publication brings together even wider geographic coverage than the first edition, now covering six continents and 24 national chapters (including the EU chapter) and providing real insight to the key issues in government procurement across the different jurisdictions.

EFFECTIVE CRISIS MANAGEMENT FOR ISLAMIC FINANCIAL INDUSTRY AND THE INSTITUTION OF HISBAH: LESSONS FROM GLOBAL FINANCIAL CRISIS

OpenAIRE

Najeeb Zada; Ahcene Lahsasna; Muhammad Yusuf Saleem

2016-01-01

The recent financial crisis resulted destructive effects on finance industry. Islamic financial industry (IFI) is still naïve and largely untested in the face of a major financial turmoil. Major issues and uncertainties of the insolvency of IFI include the issue of moral hazard, government bailouts, excessive risk taking and deposit insurance. This paper addresses the issue of crisis management in IFI from the perspective of al-Siyasah al-Shar'iyyah and attempts to derive public policy guidel...

Trends and Issues in California's Low Carbon Fuel Standard - Learning from Response to Existing Climate Policy

Science.gov (United States)

Witcover, J.

2015-12-01

Debate over lower greenhouse gas (GHG) emissions from transportation has included heated discussion about appropriate policies and their cost and feasibility. One prominent policy mechanism, a carbon intensity standard, rates transport fuels based on analysis of lifecycle GHG emissions, and targets lower fuel pool carbon intensity through a market mechanism that uses a system of tradable, bankable credits and deficits. California instituted such a policy -- the Low Carbon Fuel Standard (LCFS) - in 2010, which targets a 10% carbon intensity (CI) reduction by 2020. The program rolled out amid concerns over slow development of new fuels expected to be very low carbon (such as cellulosic) and has faced court challenges that added considerable policy uncertainty. Since the program's start, state transport energy mix has shifted modestly but noticeably. Looking ahead, emerging issues for the program include amendments and re-adoption in response to a court ruling, potential interaction with California's multi-sector cap on carbon emissions (which started covering transport fuels in 2015), and impacts from similar CI standards in other jurisdictions. This study provides an analysis of fuel mix changes since the LCFS was implemented in 2011, and a discussion of emerging issues focusing on policy interaction. Descriptive statistics on alternative fuel use, available fuel pathways, and CI ratings are presented based on data from the California Air Resources Board (which runs the program). They document a shift towards more alternative fuels in a more diverse mix, with lower average CI ratings for most alternative fuel types. Financial incentives for various fuels are compared under the LCFS and the US federal Renewable Fuel Standard; disincentives from conceptually different carbon pricing schemes under the LCFS and the Cap-and-Trade are also outlined. The results provide important information on response to an existing market-based policy mechanism for addressing GHG

A participatory approach to sustainable energy strategy development in a carbon-intensive jurisdiction: The case of Nova Scotia

International Nuclear Information System (INIS)

Adams, Michelle; Wheeler, David; Woolston, Genna

2011-01-01

The need for governments to reduce the exposure of energy consumers to future increases in fossil fuel prices places urgent pressure on policy-makers to deliver fundamental transformations in energy strategies, particularly in jurisdictions with high dependency on fossil fuel sources (). This transformation is unlikely without a high level of stakeholder engagement in the policy development process. This paper describes two policy development processes recently undertaken in Nova Scotia in which the inclusion of stakeholder views was central to the approach. The first delivered a new institutional framework for electricity energy efficiency involving the inception of an independent performance-based administrator. The second required the delivery of a strategy to significantly increase renewable energy generation in the Province. It involved recommendations for changes in institutional arrangements, financial incentives and technological options. This process was followed by new commitments to renewable energy developments, new infrastructure for the importation of hydro-electricity, and the announcement of FITs for ocean energy. In both cases, recommendations were made by an independent academic institution, and the Government responded directly to a majority of recommendations. The paper concludes with a discussion of lessons learned and the implications for future energy policy making in carbon-intensive jurisdictions. - Research highlights: → Fundamental transformations in energy policy require stakeholder engagement to be successful. → We describe two policy development processes where stakeholder views were key considerations. → The first delivered a new institutional framework for electricity energy efficiency. → The second delivered a strategy to significantly increase renewable energy generation. → In each case, the Government directly responded to the majority of recommendations.

A participatory approach to sustainable energy strategy development in a carbon-intensive jurisdiction: The case of Nova Scotia

Energy Technology Data Exchange (ETDEWEB)

Adams, Michelle, E-mail: adamsm@dal.c [School for Resource and Environmental Studies, Dalhousie University, 6100 University Avenue, Suite 5010, Halifax, NS, B3H 3J5 (Canada); Wheeler, David [Plymouth Business School, University of Plymouth, Cookworthy Building, Drake Circus, Plymouth, Devon PL4 8AA (United Kingdom); Woolston, Genna [School for Resource and Environmental Studies, Dalhousie University, 6100 University Avenue, Suite 5010, Halifax, NS, B3H 3J5 (Canada)

2011-05-15

The need for governments to reduce the exposure of energy consumers to future increases in fossil fuel prices places urgent pressure on policy-makers to deliver fundamental transformations in energy strategies, particularly in jurisdictions with high dependency on fossil fuel sources (). This transformation is unlikely without a high level of stakeholder engagement in the policy development process. This paper describes two policy development processes recently undertaken in Nova Scotia in which the inclusion of stakeholder views was central to the approach. The first delivered a new institutional framework for electricity energy efficiency involving the inception of an independent performance-based administrator. The second required the delivery of a strategy to significantly increase renewable energy generation in the Province. It involved recommendations for changes in institutional arrangements, financial incentives and technological options. This process was followed by new commitments to renewable energy developments, new infrastructure for the importation of hydro-electricity, and the announcement of FITs for ocean energy. In both cases, recommendations were made by an independent academic institution, and the Government responded directly to a majority of recommendations. The paper concludes with a discussion of lessons learned and the implications for future energy policy making in carbon-intensive jurisdictions. - Research highlights: {yields} Fundamental transformations in energy policy require stakeholder engagement to be successful. {yields} We describe two policy development processes where stakeholder views were key considerations. {yields} The first delivered a new institutional framework for electricity energy efficiency. {yields} The second delivered a strategy to significantly increase renewable energy generation. {yields} In each case, the Government directly responded to the majority of recommendations.

Cannabis Impairment in the Workplace: A Jurisdictional Analysis of Drug Testing Policies and Recommendations in the Context of Canadian Legalization and Regulation

OpenAIRE

Van Pelt, Kelsey

2017-01-01

Cannabis impairment can affect safety in the workplace. However, the proposed Cannabis Act does not include a framework for cannabis impairment in the workplace, as workplace health and safety in Canada is a provincial jurisdiction for most industries. In British Columbia, workplace health and safety is regulated by the Occupational Health and Safety Regulations (OHSR) under the Workers Compensation Act (WCA). Part 4 – General Conditions of the OHSR contains regulations for impairment in the ...

Implementing a Standardized Social Networks Testing Strategy in a Low HIV Prevalence Jurisdiction.

Science.gov (United States)

Schumann, Casey; Kahn, Danielle; Broaddus, Michelle; Dougherty, Jacob; Elderbrook, Megan; Vergeront, James; Westergaard, Ryan

2018-05-15

Alternative HIV testing strategies are needed to engage individuals not reached by traditional clinical or non-clinical testing programs. A social networks recruitment strategy, in which people at risk for or living with HIV are enlisted and trained by community-based agencies to recruit individuals from their social, sexual, or drug-using networks for HIV testing, demonstrates higher positivity rates compared to other non-clinical recruitment strategies in some jurisdictions. During 2013-2015, a social networks testing protocol was implemented in Wisconsin to standardize an existing social networks testing program. Six community-based, non-clinical agencies with multiple sites throughout the state implemented the protocol over the 2-year period. Both quantitative and qualitative data were collected. The new positivity rate (0.49%) through social networks testing did not differ from that of traditional counseling, testing, and referral recruitment methods (0.48%). Although social networks testing did not yield a higher new positivity rate compared to other testing strategies, it proved to be successful at reaching high risk individuals who may not otherwise engage in HIV testing.

Ranking system for national regulatory jurisdictions based on pesticide standard values in major exposures

Directory of Open Access Journals (Sweden)

Zijian Li

2017-07-01

Full Text Available To control the risk of human exposure to pesticides, about 50 nations have promulgated pesticide soil regulatory guidance values (RGVs, and 104 nations have provided pesticide drinking water maximum concentration levels (MCLs. In addition, 90 nations have regulated pesticide agricultural commodity maximum residue limits (MRLs. Pesticide standard values (PSVs for one single pesticide varied in a range of six, seven, or even eight orders of magnitude. Some PSVs are too large to prevent the impact of pesticides on human health. Many nations have not provided PSVs for some commonly used pesticides until now. This research has introduced several completeness values and numerical values methods to evaluate the national jurisdiction’s performance on PSVs on a nation base. The national jurisdiction ranking system developed by these methods will be beneficial to the environmental regulation makers in the management of PSVs. Results also indicate that European countries perform better in the regulation of pesticide soil RGVs, drinking water MCLs, and agricultural commodity MRLs.

The Nuclear Disarmament Cases: Is Formalistic Rigour in Establishing Jurisdiction Impeding Access to Justice?

Directory of Open Access Journals (Sweden)

Meenakshi Ramkumar

2017-08-01

Full Text Available Nuclear disarmament falls within the purview of the purposes envisaged in Article 1 of the United Nations Charter. The International Court of Justice (ICJ in 1996 delivered an advisory opinion on legality of use of nuclear weapons and has stated that the states in good faith must strive towards nuclear disarmament. In the 'Marshall Islands Cases', 20 years later the ICJ had the opportunity to address questions relating to cessation of the nuclear arms race and nuclear disarmament. However, the ICJ has failed to foster nuclear disarmament within the international community. The ICJ dismissed Marshall Islands’ application on jurisdictional grounds because there was no legal dispute between the parties. The ICJ in determining the existence of a dispute introduced a subjective 'awareness' test. In this case note, we aim to examine the awareness test and its politico-legal effects in the development of international law. While doing so, we also argue that the test has further rendered the enforcement of nuclear disarmament obligations arduous.

Brief Approach to Fundamental Issues Regarding Transitional Justice. Focus on Certain Particularities of Taxable Sanctions within the Special Jurisdiction for Peace

Directory of Open Access Journals (Sweden)

Luisa Fernanda Caldas Botero

2016-06-01

Full Text Available This document exposes different trains of thought regarding legal issues as a result of the peace agreement reached by the National Government and farc-ep (Revolutionary Armed Forces of Colombia-People’s Army. The paper shows a detailed analysis in regards of the punishments applied in transitional justice, the differente theories regarding punishment and their application to the agreement reached by both parties, seeking to establish if the agreed is congruent with international agreements and the Constitution.

Jurisdiction of courts with a focus on the Special Chamber of the Supreme Court of Kosovo

Directory of Open Access Journals (Sweden)

Mr.Sc. Sabri Halili

2013-06-01

Full Text Available The legal solution offered by the Law establishing the Special Chamber of the Supreme Court of Kosovo is rather challenging for practical implementation. Due to this fact, the decisions of the Special Chamber contain various dilemmas of judges on the jurisdiction of the Chamber on the matters related to natural persons sued by the PAK, which are related to various liabilities of these persons to socially-owned enterprises, namely to the PAK. Since the PAK administers and represents socially owned property in general, it is naturally bound to seek for legal resolutions for all legal contests before a competent court. Naturally, the PAK would seek for such a solution before the Special Chamber of the Supreme Court of Kosovo on PAK-related matters, which is already bound by the title itself, “on PAK-related matters”. Comparisons of remedies by various laws related to subject competence are based on legal literature used in higher education in Kosovo. Analysis of subject competences of regular and special courts is two-fold: the Commercial Court and the Military Court, while the competence of the Special Chamber is only analysed in relation with the Law on Courts, and the Law on the Special Chamber of the Supreme Court, comparing it with the Law on Contested Procedure and the Law on the PAK. The Special Chamber has before and still continues to avoid jurisdiction of this Court, which is sanctioned by Articles 4 and 5 of the Law on the Special Chamber, due to the fact that in cases in which the PAK has sued a natural or legal person, due to debts, occupation of socially owned property, or any other disputed matter, which is directly related to socially owned properties, the Special Chamber proclaims itself incompetent, and transfers the case to regular courts, although the Special Chamber adjudicates “on PAK-related matters”, but in this case only when the PAK is respondent, not when it is claimant.

Emission trading schemes: potential revenue effects, compliance costs and overall tax policy issues

International Nuclear Information System (INIS)

Pope, Jeff; Owen, Anthony D.

2009-01-01

The case for the imposition of carbon (emission) taxes or tradable carbon permits in important tax jurisdictions is arguably strong, based upon the polluter pays principle first proposed by Pigou almost a century ago. This paper briefly reviews the arguments for and against these market-based instruments, and discusses their relative advantages and disadvantages in a practical context. In the case of Australia, the revenue effect of the proposed tradable carbon permits scheme is estimated to be A$11.5 billion in 2010-11. For comparison, this is roughly equivalent to a quarter of the revenue from the Goods and Services Tax. The paper focuses on three neglected aspects of climate change taxation discussion to date: how much tax revenue is likely to be raised, and the administrative and compliance costs of an emissions trading scheme, with particular reference to Australia. In discussing these issues, the paper draws upon selected and relevant international experience, particularly the European Union emissions trading scheme. The challenges of an emissions trading scheme, including integration with the existing tax system, particularly in an Australian context, are also discussed. The paper concludes by emphasising the key challenges and issues facing this 'ultimate externality' debate, particularly from a taxation policy perspective.

Conscientious Objection to Creating Same-Sex Unions: An International Analysis

NARCIS (Netherlands)

Brink, M. van den; MacDougall, B.; Bonthuys, E.; Norrie, Kenneth McK.

2012-01-01

In jurisdictions that recognize same-sex marriages and unions, the question arises as to the extent to which civic officials who normally preside at such unions can refuse such participation for religious reasons. This paper examines this issue in the context of four jurisdictions: Scotland,

Evaluation of groundwater and surface-water interactions in the Caddo Nation Tribal Jurisdictional Area, Caddo County, Oklahoma, 2010-13

Science.gov (United States)

Mashburn, Shana L.; Smith, S. Jerrod

2014-01-01

Streamflows, springs, and wetlands are important natural and cultural resources to the Caddo Nation. Consequently, the Caddo Nation is concerned about the vulnerability of the Rush Springs aquifer to overdrafting and whether the aquifer will continue to be a viable source of water to tribal members and other local residents in the future. Interest in the long-term viability of local water resources has resulted in ongoing development of a comprehensive water plan by the Caddo Nation. As part of a multiyear project with the Caddo Nation to provide information and tools to better manage and protect water resources, the U.S. Geological Survey studied the hydraulic connection between the Rush Springs aquifer and springs and streams overlying the aquifer. The Caddo Nation Tribal Jurisdictional Area is located in southwestern Oklahoma, primarily in Caddo County. Underlying the Caddo Nation Tribal Jurisdictional Area is the Permian-age Rush Springs aquifer. Water from the Rush Springs aquifer is used for irrigation, public, livestock and aquaculture, and other supply purposes. Groundwater from the Rush Springs aquifer also is withdrawn by domestic (self-supplied) wells, although domestic use was not included in the water-use summary in this report. Perennial streamflow in many streams and creeks overlying the Rush Springs aquifer, such as Cobb Creek, Lake Creek, and Willow Creek, originates from springs and seeps discharging from the aquifer. This report provides information on the evaluation of groundwater and surface-water resources in the Caddo Nation Jurisdictional Area, and in particular, information that describes the hydraulic connection between the Rush Springs aquifer and springs and streams overlying the aquifer. This report also includes data and analyses of base flow, evidence for groundwater and surface-water interactions, locations of springs and wetland areas, groundwater flows interpreted from potentiometric-surface maps, and hydrographs of water levels

Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues

DEFF Research Database (Denmark)

Ulfbeck, Vibe Garf; Andrecka, Marta

2017-01-01

there is no contract between the individual and the private service provider there may be several obstacles to a claim against the private service provider based on contract. At the same time it is a general tort law principle that there is no vicarious liability for independent contractors, making it difficult also......The article discusses liability issues related to the contracting out of welfare services. It focuses on the possible liability of the private actor and of the public entity towards the individual (the citizen) for non- performance or malperformance of the welfare service. It is argued that since...... to succeed with a claim against the public entity based on tort law. Thus, a liability gap seems to exist. However, the article demonstrates that there are signs in different jurisdictions that solutions are being found in case law to this problem allowing to some extent for the imposition of some kind...

Expanding the European data protection scope beyond territory: Article 3 of the General Data Protection Regulation in its wider context

NARCIS (Netherlands)

de Hert, Paul; Czerniawski, Michal

2016-01-01

Jurisdiction based solely on the territoriality principle is becoming less evident in the digital age This article engages in a discussion with authors such as Kuner and Svantesson, that have expressed a critical view on expansive jurisdiction of the EU data protection regime in issue 4, November

Decree amending and adding various provisions to the Penal Code for the Federal District with respect to local jurisdiction and to the Penal Code for the whole Republic with respect to federal jurisdiction, 29 December 1988. [Selected provisions].

Science.gov (United States)

1989-01-01

Mexico's decree amending and adding various provisions to the penal code for the federal district, with respect to local jurisdiction, and to the penal code for the whole republic, with respect to federal jurisdiction, December 29, 1988, among other things, amends the penal code to strengthen provisions relating to sex crimes. Among the provisions are the following: anyone procuring or facilitating the corruption of a minor (under 18) or a person lacking capacity, by means of sexual acts, or who induces him to engage in begging, drunkenness, drug addiction, or some other vice; to form part of an unlawful association; or to commit whatever crimes will be imprisoned for 3-8 years and subjected to a fine. The sentence shall be enhanced if the minor or incapacitated person forms a habit due to repeated acts of corruption. Whoever encourages or facilitates a person's engaging in prostitution or obtains or delivers a person for the purpose of prostitution will be imprisoned for 2-9 years and fined. Pandering will be punished with imprisonment for 2-9 years and a fine. Whoever, without consent and without the purpose of achieving intercourse, performs on her a sexual act with lascivious intent, or forces her to perform it, will be sentenced to "15 days to 1 year's or to 10-40 days' community service work." If physical or moral violence is used, the penalty will be 2-7 years imprisonment. Performing the above act on a person under age 12 or on someone unable to resist increases the punishment. Whoever uses physical or moral violence to have intercourse with a person of whatever sex shall be imprisoned 8-14 years; using an object other than a penis either vaginally or anally on either a male or a female will result in imprisonment of 1-5 years. If the victim is under age 12, unable to resist, or if 2 or more persons commit the crime, an enhanced punishment will result.

Using Cultural Modeling to Inform a NEDSS-Compatible System Functionality Evaluation

Science.gov (United States)

Anderson, Olympia; Torres-Urquidy, Miguel

2013-01-01

models were developed from the secondary information sources; these models include the NBS vendor, public health jurisdiction (jurisdiction) activities, and NEDSS technical consultants. The vendor cultural model identified channels of communication about functionalities flowing from the vendor and the NBS users with CDC as the approval mechanism. The jurisdiction activities model highlighted perceived issues external to the organization that had some impact in their organization. Key disconnecting issues in the jurisdiction model included situational awareness, data competency, and bureaucracy. This model also identified poor coordination as a major influencer of the jurisdiction’s activities. The NEDSS technical model identified major issues and disconnects among data access, capture and reporting, processing, and ELR functionalities (Figure 1). The data processing functionality resulted in the largest negative influencer with issues that included: loss of data specificity, lengthy submission strategies, and risk of data use. Collectively, the models depict issues with the system functionality but mostly identify other factors that may influence how jurisdictions use the system, moreover determining the functionalities to be included. Conclusions By using the cultural model as a guide, we are able to clarify complex relationships using multiple data sources and improve our understanding of the impacts of the NC system functionalities on user’s operations. Modeling the recipients of the data (e.g. CDC programs) will provide insight on additional factors that may inform the NEDSS evaluation.

Ethical aspects of future health care: globalisation of markets and differentiation of societies - ethical challenges.

Science.gov (United States)

Kluge, Eike-Henner W

2008-01-01

The shift in health care to an aggregate corporate and distributed model dominated by electronic methods of diagnosis, record-keeping and communication spanning jurisdictional boundaries raises technical, social and paradigmatic issues. The technical issues concern the material natures of the tools, devices, procedures and protocols; the social issues gravitate around abstract matters like individual rights and models of responsibility within a corporate setting and accountability in inter-jurisdictional contexts; the paradigmatic issues centre in the question of how the rights and duties of traditional and direct health care translate into the mediated context of the globally expanded corporate model of eHealth and telemedicine. The present discussion presents a brief overview of the issues and sketches some of their implications for the evolution of contemporary health care.

Competence of the Higher Administrative Court over an administrative lawsuit concerning orders issued by the supervisory authority instituted under atomic energy law. Hess. VGH, decision of December 22, 1993 - 14 Q 2724/93

International Nuclear Information System (INIS)

Doering, H.

1994-01-01

The competence of the state over the storage of nuclear fuel, exercised by the Federal Radiation Protection Office, is not limited to the storage alone but extends to the acceptance and delivery of the material including all transport operations involved. Interactions between the operation of a fuel element plant and external processes can lead to the issue of orders under Article 19 Section 3 of the Atomic Energy Law, provided such interactions fall within the jurisdiction in rem of the supervisory authority instituted under atomic energy law. (orig./HSCH) [de

Recent environment, energy and resources cases and issues in Alberta

Energy Technology Data Exchange (ETDEWEB)

Kruhlak, R.; Naffin, D.K. [McLennan Ross LLP, Edmonton, AB (Canada)

2005-07-01

Significant environmental issues and regulatory proceedings in Alberta were discussed. The Mackenzie Valley Pipeline Project was reviewed in relation to the Deh Cho First Nation's advanced actions in the federal court to enjoin the review panel from proceeding with the review process. The Deh Cho First Nation is seeking a declaration that the plan violates their rights under the Canadian Charter of Rights and Freedoms and the Constitution Act. Various regulatory and government agencies have now developed a plan to coordinate their different regulatory processes and approvals in the Cooperation Plan for the Environmental Impact Assessment and Regulatory Review of the Northern Gas Pipeline project. The Deh Cho allege that they were not afforded the opportunity to participate in the development and implementation of the plan. A review panel plans to proceed once the environmental and social impacts are determined, and the consortiums plan to minimize harm has been submitted. Issues concerning contaminated sites were discussed with reference to Lynnview Ridge, where Imperial Oil and Devon Estates Ltd. built a residential subdivision built on the site of a decommissioned oil storage tank site. Periodic monitoring detected some general concerns, including high lead levels in soil and hydrocarbon vapors. Environmental Protection Orders (EPO) and appeals were discussed, including Imperial and Devon's appeal that the pollution problem should have been addressed through the contaminated sites provision and not the substance release EPO. Several recommendations were made, including better definition processes for liability allocation; a clarification of persons excluded from responsibility; voluntary remediation agreements that limit liability; and environmental site information systems to support due diligence. It was expected that the final set of recommendations will be of use to all jurisdictions in Canada. Regulatory issues concerning public safety were

Situational leadership styles, staff nurse job characteristics related to job satisfaction and organizational commitment of head nurses working in hospitals under the jurisdiction of the Royal Thai Army.

Science.gov (United States)

Intaraprasong, Bhusita; Potjanasitt, Sureporn; Pattaraarchachai, Junya; Meennuch, Chavalit

2012-06-01

To analyze the relationships between the situational leadership styles, staff nurse job characteristic with job satisfaction and organizational commitment of head nurses working in hospitals under the jurisdiction of the Royal Thai Army The cross-sectional analytical study was conducted in 128 head nurses working in hospitals under the jurisdiction of the Royal Thai Army. Data were collected by mailed questionnaires. A total of 117 completed questionnaires (91.4%) were received for analysis. Statistical analysis was done using Pearson's Product Moment Correlation Coefficient. It was found that situational leadership styles were not correlated with job satisfaction and organizational commitment of head nurses. Staff nurse job characteristics had a low level of positive correlation with job satisfaction and organizational commitment of head nurses at 0.05 level of significance (r = 0.202 and 0.189 respectively). The hospital administrators should formulate policy to improve working system, human resource management and formulate policies and strategies based on situational leadership. In addition, they should improve the characteristics of staff nurse job by using surveys to obtain job satisfaction and organizational commitment.

Decision of Habeas Corpus n. 126.292: Relativization of the Principle of Presumption of Innocence and the Constitutional Jurisdiction in Perspective

Directory of Open Access Journals (Sweden)

Hamilton da Cunha Iribure Júnior

2016-10-01

Full Text Available The article aims to analyze the breach of the presumption of innocence with the anticipation of the sentence before the final judgment of conviction, in a recent decision of the Supreme Court. Adopted documentary analytical methodology. Assumes that fundamental rights are not absolute and must be relativized. Deals with the constitutional jurisdiction in this perspective and the limits of the judicial role in the exercise of interpretation of the law. One of the conclusions is that the relativization of fundamental rights in Brazil follows tendency to give in proceedings other than the Constitutional Court.

The role of express submission to jurisdiction under the Brussels I Regulation, Brussels I (Recast) and the Hague Convention on Choice of Court Agreements

OpenAIRE

2015-01-01

LL.M. (International Commercial Law) This essay seeks to look at the role of express submission to jurisdictjon under the Brussels I Regulation,lthe Brussels I (recast) Regulation2 and the Hague Convention on Choice of Court Agreements.3 The express submission to jurisdiction under the three instruments mentioned in the previous sentence refers to the situation in which parties to an international commercial contract include in their contract a court of their choice to govern any disputes ...

Surrogacy and women's right to health in India: issues and perspective.

Science.gov (United States)

Kumar, Pawan; Inder, Deep; Sharma, Nandini

2013-01-01

The human body is a wonderful machine. The future of child birth in the form of test tube babies, surrogate motherhood through new reproductive and cloning technology will introduce undreamt of possibilities in the sexual arena. Surrogacy is a method of assisted reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child for others to raise. In some jurisdictions the possibility of surrogacy has been allowed and the intended parents may be recognized as the legal parents from birth. Commercial surrogacy, or "Womb for rent", is a growing business in India. In our rapidly globalizing world, the growth of reproductive tourism is a fairly recent phenomenon. Surrogacy business is exploiting poor women in country like India already having with an alarmingly high maternal death rate. This paper talks about paternity issues and women's right to health in context of surrogacy. Government must seriously consider enacting a law to regulate surrogacy in India in order to protect and guide couples going in for such an option. Without a foolproof legal framework, patients will invariably be misled and the surrogates exploited.

INTERNATIONAL JURISDICTION RULES IN MATTERS OF PARENTAL RESPONSIBILITY IN THE EUROPEAN UNION AND BOSNIA AND HERZEGOVINA: THE CONCEPT OF HABITUAL RESIDENCE V NATIONALITY

Directory of Open Access Journals (Sweden)

Jasmina Alihodzic

2012-09-01

Full Text Available The rules of jurisdiction in matters of parental responsibility contained in the Brussels II bis Regulation are based on the concept of habitual residence, while the legislation in B&H in this area gave priority to the principle of nationality. Analyzing these concepts, the author of the paper points to the importance of interpreting the concept of habitual residence by the European Court of Justice, and gives possible directions for reform of the relevant provisions of the PIL Act in terms of their compliance with EU law.

The taxation jurisdiction of the ISSQN in the exclusive economic zone; A competencia tributaria do ISSQN na zona economica exclusiva

Energy Technology Data Exchange (ETDEWEB)

Raposo, Rodrigo Luis Keller [Keller Raposo Escritorio Juridico, Rio de Janeiro, RJ (Brazil)

2012-07-01

The oil and natural gas exploitation in the Exclusive Economic Zone will propel the economy of the country, states and municipalities, due to tax revenues, jobs creation. It will also attract new businesses needed to support all the demand created by the main service and correlates. The Tax Service, under the municipal jurisdiction, is a major source of revenue. As the services are performed on the high seas and there is no law to regulate the territorial extent of each municipality, it can be argued that certain Artificial Island (oil platform, for example) is located within the extension of municipal sovereignty, which will allow the ISS taxation, problems will arise. This paper addresses these problems. (author)

National Energy Efficiency Evaluation, Measurement and Verification (EM&V) Standard: Scoping Study of Issues and Implementation Requirements

Energy Technology Data Exchange (ETDEWEB)

Schiller Consulting, Inc.; Schiller, Steven R.; Goldman, Charles A.; Galawish, Elsia

2011-02-04

This report is a scoping study that identifies issues associated with developing a national evaluation, measurement and verification (EM&V) standard for end-use, non-transportation, energy efficiency activities. The objectives of this study are to identify the scope of such a standard and define EM&V requirements and issues that will need to be addressed in a standard. To explore these issues, we provide and discuss: (1) a set of definitions applicable to an EM&V standard; (2) a literature review of existing guidelines, standards, and 'initiatives' relating to EM&V standards as well as a review of 'bottom-up' versus 'top-down' evaluation approaches; (3) a summary of EM&V related provisions of two recent federal legislative proposals (Congressman Waxman's and Markey's American Clean Energy and Security Act of 2009 and Senator Bingaman's American Clean Energy Leadership Act of 2009) that include national efficiency resource requirements; (4) an annotated list of issues that that are likely to be central to, and need to be considered when, developing a national EM&V standard; and (5) a discussion of the implications of such issues. There are three primary reasons for developing a national efficiency EM&V standard. First, some policy makers, regulators and practitioners believe that a national standard would streamline EM&V implementation, reduce costs and complexity, and improve comparability of results across jurisdictions; although there are benefits associated with each jurisdiction setting its own EM&V requirements based on their specific portfolio and evaluation budgets and objectives. Secondly, if energy efficiency is determined by the US Environmental Protection Agency to be a Best Available Control Technology (BACT) for avoiding criteria pollutant and/or greenhouse gas emissions, then a standard can be required for documenting the emission reductions resulting from efficiency actions. The third reason for a national

Empowerment Zones and Enterprise Districts, Municipal Service Area - area defined by Ordinance that provides for the City jurisdiction related to development and future growth, Published in 2009, 1:24000 (1in=2000ft) scale, City of Topeka Government.

Data.gov (United States)

NSGIC Local Govt | GIS Inventory — Empowerment Zones and Enterprise Districts dataset current as of 2009. Municipal Service Area - area defined by Ordinance that provides for the City jurisdiction...

Collaborators at domestic jurisdiction: the case of the Basque Government in the setting up of the new Judicial Office in the Basque Country

Directory of Open Access Journals (Sweden)

Izaskun Iriarte Irureta

2011-12-01

Full Text Available The Administration of Justice in Spain is going through a deep modernisation process aiming both at procedural and organisational reforms. The setting up of the new Judicial Office is precisely the major change of the organisation of the Administration of Justice in the last century. In this context, there is a shift in the role played by the regional governments with responsibilities in the field of Justice, as far as these regional governments are not only collaborators of the Judiciary at domestic jurisdiction, but they also become “actors” as they have decision making powers to create, to design and to organise the common procedural services of the Judicial Office and, hence, to set up the Judicial Office in each judicial district in their territory.This text presents the context and the reasons behind the setting up of the Judicial Office as a new way of organisation of the Spanish Administration of Justice; the Judiciary in Spain and the responsibilities of the regional governments in the Administration of Justice; the meaning of the Judicial Office and its guiding principles; the role of the Basque Government in setting up the Judicial Office in the Basque Country, paying special attention to its activity in the field of standardization of processes, the quality system, and of information, communication and coordination; the results of the first Judicial Offices. Finally the paper questions whether the regional or national governments are just “collaborators” or real “actors” of the Administration of Justice at domestic jurisdiction.

Crisis-Management Plans Are Untested, Survey Says

Science.gov (United States)

June, Audrey Williams

2007-01-01

Newly released survey results reveal that many colleges are focusing more than ever on preparing for a crisis since the massacre at Virginia Tech, but that they may not be well equipped to handle one. The online survey was conducted by SimpsonScarborough, a consulting firm that focuses on colleges and universities. It invited 546 people who are…

Comparative Approaches to Biobanks and Privacy.

Science.gov (United States)

Rothstein, Mark A; Knoppers, Bartha Maria; Harrell, Heather L

2016-03-01

Laws in the 20 jurisdictions studied for this project display many similar approaches to protecting privacy in biobank research. Although few have enacted biobank-specific legislation, many countries address biobanking within other laws. All provide for some oversight mechanisms for biobank research, even though the nature of that oversight varies between jurisdictions. Most have some sort of controlled access system in place for research with biobank specimens. While broad consent models facilitate biobanking, countries without national or federated biobanks have been slow to adopt broad consent. International guidelines have facilitated sharing and generally take a proportional risk approach, but many countries have provisions guiding international sharing and a few even limit international sharing. Although privacy laws may not prohibit international collaborations, the multi-prong approach to privacy unique to each jurisdiction can complicate international sharing. These symposium issues can serve as a resource for explaining the sometimes intricate privacy laws in each studied jurisdiction, outlining the key issues with regards to privacy and biobanking, and serving to describe a framework for the process of harmonization of privacy laws. © 2016 American Society of Law, Medicine & Ethics.

Avoiding a fate worse than death: an argument for legalising voluntary physician-based euthanasia.

Science.gov (United States)

Werren, Julia; Yuksel, Necef; Smith, Saxon

2012-09-01

The legalisation of voluntary physician-based euthanasia is currently the subject of much political, social and ethical debate and there is evidence in Australia of growing support for its implementation. In addressing many of the issues that surround legalisation, the article looks at some overseas jurisdictions that have legalised euthanasia to determine whether the social, political and ethical concerns prominent in the Australian debate have proved problematic in other jurisdictions. In addition, the article examines the report on the Dying with Dignity Bill 2009 (Tas) which commented extensively on the issues relating to voluntary physician-based euthanasia.

Crossing lines: a multidisciplinary framework for assessing connectivity of hammerhead sharks across jurisdictional boundaries.

Science.gov (United States)

Chin, A; Simpfendorfer, C A; White, W T; Johnson, G J; McAuley, R B; Heupel, M R

2017-04-21

Conservation and management of migratory species can be complex and challenging. International agreements such as the Convention on Migratory Species (CMS) provide policy frameworks, but assessments and management can be hampered by lack of data and tractable mechanisms to integrate disparate datasets. An assessment of scalloped (Sphyrna lewini) and great (Sphyrna mokarran) hammerhead population structure and connectivity across northern Australia, Indonesia and Papua New Guinea (PNG) was conducted to inform management responses to CMS and Convention on International Trade in Endangered Species listings of these species. An Integrated Assessment Framework (IAF) was devised to systematically incorporate data across jurisdictions and create a regional synopsis, and amalgamated a suite of data from the Australasian region. Scalloped hammerhead populations are segregated by sex and size, with Australian populations dominated by juveniles and small adult males, while Indonesian and PNG populations included large adult females. The IAF process introduced genetic and tagging data to produce conceptual models of stock structure and movement. Several hypotheses were produced to explain stock structure and movement patterns, but more data are needed to identify the most likely hypothesis. This study demonstrates a process for assessing migratory species connectivity and highlights priority areas for hammerhead management and research.

Modeling of the spatial distribution of ten endangered bird species in jurisdiction of Corantioquia

International Nuclear Information System (INIS)

Gomez M, Ana Maria; Alvarez, Esteban

2006-01-01

Recently, thanks to advances made in Geographic Information Systems (GIS), techniques have been developed for the construction of models that predict the spatial distribution of species and other attributes of biodiversity. These methods have allowed for the development of objective criteria that are fundamental for making decisions regarding the creation of protected areas systems throughout the world. In this research, the spatial distribution of ten endangered species of birds found within the jurisdiction of CORANTIOQUIA (JDC from here on) was modelled, using GIS techniques. The JDC was divided into 177 squares of 15 x 10 Km and the following variables were quantified within each one: presence or absence of endangered species of birds, rainfall, temperature, sun brightness, relative humidity, day duration, altitude, vegetal cover, slope and primary net productivity. With the help of logistic regression were made predictive models. Based on logistic regressions techniques predictive models were made. These models allow to explain a percentage between 24% and 80% of spatial distribution variability of these species. Those results can help in the identification of valuable zones for the biodiversity conservation. In places where there are neither the time or the economic resources to carry out exhaustive analyses of biodiversity, the models can predict the probable presence of this endangered species

Crossing lines: a multidisciplinary framework for assessing connectivity of hammerhead sharks across jurisdictional boundaries

Science.gov (United States)

Chin, A.; Simpfendorfer, C. A.; White, W. T.; Johnson, G. J.; McAuley, R. B.; Heupel, M. R.

2017-04-01

Conservation and management of migratory species can be complex and challenging. International agreements such as the Convention on Migratory Species (CMS) provide policy frameworks, but assessments and management can be hampered by lack of data and tractable mechanisms to integrate disparate datasets. An assessment of scalloped (Sphyrna lewini) and great (Sphyrna mokarran) hammerhead population structure and connectivity across northern Australia, Indonesia and Papua New Guinea (PNG) was conducted to inform management responses to CMS and Convention on International Trade in Endangered Species listings of these species. An Integrated Assessment Framework (IAF) was devised to systematically incorporate data across jurisdictions and create a regional synopsis, and amalgamated a suite of data from the Australasian region. Scalloped hammerhead populations are segregated by sex and size, with Australian populations dominated by juveniles and small adult males, while Indonesian and PNG populations included large adult females. The IAF process introduced genetic and tagging data to produce conceptual models of stock structure and movement. Several hypotheses were produced to explain stock structure and movement patterns, but more data are needed to identify the most likely hypothesis. This study demonstrates a process for assessing migratory species connectivity and highlights priority areas for hammerhead management and research.

Modern environmental penal law in the light of the jurisdiction - review and tasks. Das moderne Umweltstrafrecht im Spiegel der Rechtsprechung - Bilanz und Aufgaben

Energy Technology Data Exchange (ETDEWEB)

Rengier, R.

1992-01-01

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

Case note: Supreme Court (Netherlands) [HR] (Spaans v Iran-United States Claims Tribunal, Final appeal judgment, Case No 12627: Decision No LJN: AC9158)

NARCIS (Netherlands)

Brölmann, C.

2012-01-01

Subject(s): Privileges — Immunity from jurisdiction, international organizations — International courts and tribunals, admissibility — Compensation — International courts and tribunals, admissibility of claims. Core Issue(s): Whether under customary international law an international organization

Canadian consumer issues in accurate and fair electricity metering

International Nuclear Information System (INIS)

2000-07-01

The Public Interest Advocacy Centre (PIAC), located in Ottawa, participates in regulatory proceedings concerning electricity and natural gas to support public and consumer interest. PIAC provides legal representation, research and policy support and public advocacy. A study aimed toward the determination of the issues at stake for residential electricity consumers in the provision of fair and accurate electricity metering, was commissioned by Measurement Canada in consultation with Industry Canada's Consumer Affairs. The metering of electricity must be carried out in a fair and efficient manner for all residential consumers. The Electricity, Gas and Inspection Act was developed to ensure compliance with standards for measuring instrumentation. The accurate metering of electricity through the distribution systems for electricity in Canada represents the main focus of this study and report. The role played by Measurement Canada and the increased efficiencies of service delivery by Measurement Canada or the changing of electricity market conditions are of special interest. The role of Measurement Canada was explained, as were the concerns of residential consumers. A comparison was then made between the interests of residential consumers and those of commercial and industrial electricity consumers in electricity metering. Selected American and Commonwealth jurisdictions were reviewed in light of their electricity metering practices. A section on compliance and conflict resolution was included, in addition to a section on the use of voluntary codes for compliance and conflict resolution

Liquor licences issued to Australian schools.

Science.gov (United States)

Ward, Bernadette M; Kippen, Rebecca; Munro, Geoffrey; Buykx, Penny; McBride, Nyanda; Wiggers, John; Clark, Madeline

2017-08-01

Children's positive socialisation to alcohol is associated with early initiation of drinking and alcohol-related harm in adult life. Internationally, there have been reports of adults' alcohol consumption at school events in the presence of children. The aim of this research was to identify the conditions under which Australian schools are required to apply for a liquor licence and the associated prevalence of liquor licences for these events where children were likely to be present. A document review was conducted to examine temporary liquor licensing legislation. Quantitative analysis was used to examine relevant licensing data. Coding criteria was developed to determine school type, student year levels and the likely presence of children. Four jurisdictions provided data on 1817 relevant licences. The average annual licences/100 schools was highest amongst Independent schools followed by Catholic and public (government) schools. The rates were highest in Queensland and Victoria where children were present at 61% and 32% of events respectively. While there are legislative differences across jurisdictions, the prevalence of adults' alcohol use at school events in the presence of children may reflect the various education department policies and principals' and school communities' beliefs and attitudes. Licences are not required for all events where liquor is consumed so the prevalence of adults' use of alcohol at school events is likely to be higher than our analyses imply. Such practices may undermine teaching about alcohol use in the school curriculum and health promotion efforts to develop alcohol-free events when children are present.

The psychological advantage of unfalsifiability: the appeal of untestable religious and political ideologies.

Science.gov (United States)

Friesen, Justin P; Campbell, Troy H; Kay, Aaron C

2015-03-01

We propose that people may gain certain "offensive" and "defensive" advantages for their cherished belief systems (e.g., religious and political views) by including aspects of unfalsifiability in those belief systems, such that some aspects of the beliefs cannot be tested empirically and conclusively refuted. This may seem peculiar, irrational, or at least undesirable to many people because it is assumed that the primary purpose of a belief is to know objective truth. However, past research suggests that accuracy is only one psychological motivation among many, and falsifiability or testability may be less important when the purpose of a belief serves other psychological motives (e.g., to maintain one's worldviews, serve an identity). In Experiments 1 and 2 we demonstrate the "offensive" function of unfalsifiability: that it allows religious adherents to hold their beliefs with more conviction and political partisans to polarize and criticize their opponents more extremely. Next we demonstrate unfalsifiability's "defensive" function: When facts threaten their worldviews, religious participants frame specific reasons for their beliefs in more unfalsifiable terms (Experiment 3) and political partisans construe political issues as more unfalsifiable ("moral opinion") instead of falsifiable ("a matter of facts"; Experiment 4). We conclude by discussing how in a world where beliefs and ideas are becoming more easily testable by data, unfalsifiability might be an attractive aspect to include in one's belief systems, and how unfalsifiability may contribute to polarization, intractability, and the marginalization of science in public discourse. PsycINFO Database Record (c) 2015 APA, all rights reserved.

Managing pediatric dental patients: issues raised by the law and changing views of proper child care.

Science.gov (United States)

Bross, Donald C

2004-01-01

The purpose of this paper was to examine legal issues regarding the management of pediatric dental patients and changing views of proper child care. Standards of care in pediatric dentistry are not static. They change in response to research, patterns of reimbursement, patient and parental expectations of reasonable care, and consensus among practitioners. The law pertaining to accountability for pediatric dental patient treatment largely reflects standards of care established by the pediatric dentistry profession. However, the law can also reflect changes in public expectations of reasonable care that can effectively outrun the discipline's efforts to reflect new knowledge or changing public concerns. A major impetus for considering the care of children in all settings has been the increasing recognition of suboptimal children's care, as well as concerns that children have either been abused or neglected in a number of settings. Too often, practices towards children have been untested and based only on the assumption that what is done is "for the child's own good." Pediatric dentists can respond to changing standards of reasonable care for pediatric dental patients, as expressed in legal decisions. They can also usefully consider how attention to child maltreatment has sensitized parents to be better consumers of services on their children's behalf. Rather than reacting only to public pressures for better means of behavior management, the challenge is to exceed expectations via new research and thoughtful anticipation of improvements that can be made.

Health system strategies supporting transition to adult care.

Science.gov (United States)

Hepburn, Charlotte Moore; Cohen, Eyal; Bhawra, Jasmin; Weiser, Natalie; Hayeems, Robin Z; Guttmann, Astrid

2015-06-01

The transition from paediatric to adult care is associated with poor clinical outcomes, increased costs and low patient and family satisfaction. However, little is known about health system strategies to streamline and safeguard care for youth transitioning to adult services. Moreover, the needs of children and youth are often excluded from broader health system reform discussions, leaving this population especially vulnerable to system 'disintegration'. (1) To explore the international policy profile of paediatric-to-adult care transitions, and (2) to document policy objectives, initiatives and outcomes for jurisdictions publicly committed to addressing transition issues. An international policy scoping review of all publicly available government documents detailing transition-related strategies was completed using a web-based search. Our analysis included a comparable cohort of nine wealthy Organisation for Economic Co-operation and Development (OECD) jurisdictions with Beveridge-style healthcare systems (deemed those most likely to benefit from system-level transition strategies). Few jurisdictions address transition of care issues in either health or broader social policy documents. While many jurisdictions refer to standardised practice guidelines, a few report the intention to use powerful policy levers (including physician remuneration and non-physician investments) to facilitate the uptake of best practice. Most jurisdictions do not address the policy infrastructure required to support successful transitions, and rigorous evaluations of transition strategies are rare. Despite the well-documented risks and costs associated with a poor transition from paediatric to adult care, little policy attention has been paid to this issue. We recommend that healthcare providers engage health system planners in the design and evaluation of system-level, policy-sensitive transition strategies. Published by the BMJ Publishing Group Limited. For permission to use (where not

Fuels planning: science synthesis and integration; social issues fact sheet 09: Benefits of collaboration

Science.gov (United States)

Christine Esposito

2006-01-01

Wildland fire professionals at the Federal, State, and local levels have a long tradition of collaborating across agencies and jurisdictions to achieve goals that they could not achieve independently. This fact sheet discusses the reasons and resources for collaboration.Other...

The exclusion-inclusion spectrum in state and community response to sex offenders in Anglo-American and European jurisdictions.

Science.gov (United States)

Petrunik, Michael; Deutschmann, Linda

2008-10-01

Continental European and Anglo-American jurisdictions differ with regard to criminal justice and community responses to sex offenders on an exclusion-inclusion spectrum ranging from community protection measures on one end to therapeutic programs in the middle and restorative justice measures on the other end. In the United States, populist pressure has resulted in a community protection approach exemplified by sex offender registration, community notification, and civil commitment of violent sexual predators. Although the United Kingdom and Canada have followed, albeit more cautiously, the American trend to adopt exclusionist community protection measures, these countries have significant community-based restorative justice initiatives, such as Circles of Support and Accountability. Although sex offender crises have recently occurred in continental Europe, a long-standing tradition of the medicalization of deviance, along with the existence of social structural buffers against the influence of victim-driven populist penal movements, has thus far limited the spread of formal community protection responses.

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.

Decree 560/003. It approve the National Regulations text about dangerous goods transport by road, for national jurisdiction routes; Decreto 560/003. Apruebase el texto del Reglamento Nacional sobre el transporte de mercancias peligrosas por carretera, para rutas de jurisdiccion nacional

Energy Technology Data Exchange (ETDEWEB)

NONE

2004-01-14

This decree approve the transport regulation in the national jurisdiction routes. Is prohibited the transport of dangerous good with contamination risk in food, medication or articles intended for human or animal use.

Apportioning liability for transborder damages

International Nuclear Information System (INIS)

Krause-Ablass, W.-D.

1988-01-01

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

Nevada State plan; final approval determination. Occupational Safety and Health Administration (OSHA), U.S. Department of Labor. Final State plan approval--Nevada.

Science.gov (United States)

2000-04-18

This document amends OSHA's regulations to reflect the Assistant Secretary's decision granting final approval to the Nevada State plan. As a result of this affirmative determination under section 18(e) of the Occupational Safety and Health Act of 1970, Federal OSHA's standards and enforcement authority no longer apply to occupational safety and health issues covered by the Nevada plan, and authority for Federal concurrent jurisdiction is relinquished. Federal enforcement jurisdiction is retained over any private sector maritime employment, private sector employers on Indian land, and any contractors or subcontractors on any Federal establishment where the land is exclusive Federal jurisdiction. Federal jurisdiction remains in effect with respect to Federal government employers and employees. Federal OSHA will also retain authority for coverage of the United States Postal Service (USPS), including USPS employees, contract employees, and contractor-operated facilities engaged in USPS mail operations.

When FERC investigates your unlicensed project

International Nuclear Information System (INIS)

Swiger, M.A.

1991-01-01

A FERC investigation into a hydropower project's jurisdictional status poses the potential for substantial risks and costs. This paper outlines a five-point protection plan for owners and operators of unlicensed projects potentially subject to FERC jurisdiction. The plan includes the following elements: understand the investigation process; do your homework; respond promptly to FERC deadlines; weigh the costs and benefits of licensing; and be careful not to do something inadvertently to make your project jurisdictional. Based on the plan outlined above, a project owner or operator should be better able to develop a strategy which minimizes risks while maximizing the ability to prevail on the jurisdictional issue. At the very least, such a plan should put the project owner or operator in a better position to achieve a resolution which is acceptable both to the owner or operator and to FERC

War in Afghanistan: Strategy, Military Operations, and Issues for Congress

Science.gov (United States)

2010-06-08

Non-NATO nations that have made additional commitments are Armenia, 40; Australia, 120; Finland , 25; Georgia, 923; Macedonia, 80; Sweden, 125...intelligence, surveillance, and reconnaissance assets into the theatre. …While we’ve doubled this capability in recent months, it is still not good enough...exemption from taxation , and imports and exports. They confirmed U.S. criminal jurisdiction over U.S. personnel.64 Some of the basic provisions of

Evaluation of the environmental potential of the resources, soil, water, mineral and forests in the Cardique jurisdiction; Evaluacion del potencial ambiental de los recursos, suelo, agua, mineral y bosques en el territorio de jurisdiccion de Cardique

Energy Technology Data Exchange (ETDEWEB)

Velasquez Monsalve, Elkin; Viana Rios, Ricardo; Perez Ceron, Rosalbina [and others

1999-07-01

The general objective of the study is to obtain a global vision of the potential of the soils, of the water, of the forests, of the construction materials and of the recharge areas of aquifer, as well as of the existent forests in the territory understood inside the Cardique jurisdiction to scale 1:100.000 with base in the existent secondary information and a general revision of field. The potential of the soils was determined to produce cultivations and to characterize this resource like basic element in the ecosystems operation. The hydrological and climatologically characterization was elaborated. It was determined with base in properties like the primary and secondary porosity of the rocks, the areas with potential of recharge of the aquifers. They were characterized and they evaluated the present forests in the Cardique jurisdiction, and some aspects of the structure and flora composition and their relationship were known with some physiographic elements; finally the areas were determined with possibility of use of construction materials.

Issues in the implementation and evolution of the commercial recreational cannabis market in Colorado.

Science.gov (United States)

Subritzky, Todd; Pettigrew, Simone; Lenton, Simon

2015-12-15

For almost a century, the cultivation, sale and use of recreational cannabis has been prohibited by law in most countries. Recently, however, under ballot initiatives four states in the US have legalised commercial, non-medical (recreational) cannabis markets. Several other states will initiate similar ballot measures attached to the 2016 election that will also appoint a new President. As the first state to implement the legislation in 2014, Colorado is an important example to begin investigating early consequences of specific policy choices while other jurisdictions consider their own legislation although the empirical evidence base is only beginning to accrue. This paper brings together material sourced from peer reviewed academic papers, grey literature publications, reports in mass media and niche media outlets, and government publications to outline the regulatory model and process in Colorado and to describe some of the issues that have emerged in the first 20 months of its operation. These issues include tension between public health and profit, industry and investment, new methods of consumption, the black market and product testing. The paper concludes that, while it is too early to determine the impact of the scheme, and noting that it includes some features designed to mitigate adverse impacts, it faces major challenges. Not least of these are the lack of an effective overarching federal regulatory structure, as a consequence of the federal prohibition on cannabis, combined with a rapidly growing cannabis industry which, like other industries, will seek to exploit loopholes to maximise profit. Copyright © 2015 Elsevier B.V. All rights reserved.

Maritime Issues between Pakistan and India: Seeking Cooperation and Regional Stability

Science.gov (United States)

2012-12-01

avoidance of double taxation & cultural cooperation. 1991 Air Space Violation agreement signed and ratified in August 1992, stipulates that no combat...On July 18, 1994, Foreign Minister Qian Qichen signed another trade agreement on avoidance of double taxation to encourage business, scientific...position that it lacked jurisdiction to entertain the case, because India had filed an exemption in 1974, concerning disputes between India and

A global comparative overview of the legal regulation of stem cell research and therapy: Lessons for South Africa

Directory of Open Access Journals (Sweden)

Melodie Slabbert

2015-09-01

Full Text Available Stem cell research and its potential translation to regenerative medicine, tissue engineering and cell and gene therapy, have led to controversy and debates similar to the calls nearly 25 years ago for a ban involving recombinant DNA. Global legislative efforts in this field have been characterised by many legal, ethical and practical challenges, stemming from conflicting views regarding human embryonic research and cloning. National policy and regulatory developments have primarily been shaped by different understandings of relevant scientific objectives, as well as those relating to the moral and legal status of the human embryo, which have been used to justify or limit a range of permissible activities. Legal obscurity in this field, a consequence of inconsistent or vague legislative responses at a national and international level, leads to negative results, which include, among others, ethical violations; lack of collaboration and co-operation among researchers across national borders; stunted scientific progress; lack of public trust in stem cell research; proliferation of untested ‘stem cell therapies’; and safety issues. The purpose of this article is to explore the legal regulation of stem cell research and therapy globally, by comparing the permissibility of specific stem cell research activities in 35 selected jurisdictions, followed by a comparison of the regulatory approaches with regard to stem cell-based products in the European Union and the USA. A clearer understanding of the global regulatory framework will assist in formulating more effective legal responses at a national level and in navigating the uncertainties and risks associated with this complex and evolving scientific field.

76 FR 52658 - State Program Requirements; Approval of Application for Program Revision to the National...

Science.gov (United States)

2011-08-23

... program, pretreatment program, and miscellaneous non-domestic discharges; and Phase III includes mining... the EPA consider adopting stipulations related to jurisdiction issues and authorities of federally...

Introduction to the Special Issue: Water Grabbing? Focus on the (Reappropriation of Finite Water Resources

Directory of Open Access Journals (Sweden)

Lyla Mehta

2012-06-01

Full Text Available Recent large-scale land acquisitions for agricultural production (including biofuels, popularly known as 'land grabbing', have attracted headline attention. Water as both a target and driver of this phenomenon has been largely ignored despite the interconnectedness of water and land. This special issue aims to fill this gap and to widen and deepen the lens beyond the confines of the literature’s still limited focus on agriculture-driven resource grabbing. The articles in this collection demonstrate that the fluid nature of water and its hydrologic complexity often obscure how water grabbing takes place and what the associated impacts on the environment and diverse social groups are. The fluid properties of water interact with the 'slippery' nature of the grabbing processes: unequal power relations; fuzziness between legality and illegality and formal and informal rights; unclear administrative boundaries and jurisdictions, and fragmented negotiation processes. All these factors combined with the powerful material, discursive and symbolic characteristics of water make 'water grabbing' a site for conflict with potential drastic impacts on the current and future uses and benefits of water, rights as well as changes in tenure relations.

Autism Spectrum Disorder: Forensic Issues and Challenges for Mental Health Professionals and Courts

Science.gov (United States)

Freckelton, Ian

2013-01-01

Autism spectrum disorder (ASD), as defined in DSM-V, can be relevant in a variety of ways to decision-making by courts and tribunals. This includes the family, disciplinary, discrimination and criminal law contexts. By reviewing decisions made by superior courts in a number of common law jurisdictions, this article identifies a pivotal role for…

Governance Challenges in Joint Inter-Jurisdictional Management: The Grand Teton National Park, Wyoming, Elk Case

Science.gov (United States)

Clark, Susan G.; Vernon, Marian E.

2015-08-01

The controversial elk reduction program (elk hunt) in Grand Teton National Park, WY, has been a source of conflict since it was legislated in 1950. The hunt is jointly managed by the National Park Service and the Wyoming Game and Fish Department. This forced organizational partnership and the conflicting mandates of these two agencies have led to persistent conflict that seems irresolvable under the current decision-making process. To better understand the decision-making process and participant perspectives, we reviewed management documents, technical literature, and newspaper articles, and interviewed 35 key participants in this case. We used these data to analyze and appraise the adequacy of the decision-making process for the park elk hunt and to ask whether it reflects the common interest. We found deficiencies in all functions of the decision-making process. Neither the decisions made nor the process itself include diverse perspectives, nor do they attend to valid and appropriate participant concerns. Agency officials focus their attention on technical rather than procedural concerns, which largely obfuscates the underlying tension in the joint inter-jurisdictional management arrangement and ultimately contributes to the hunt's annual implementation to the detriment of the common interest. We offer specific yet widely applicable recommendations to better approximate an inclusive and democratic decision-making process that serves the community's common interests.

Malaysia water services reform: legislative issues

Directory of Open Access Journals (Sweden)

Nabsiah Abdul Wahid

2014-08-01

or process. The fact that upon independence in 1957 the Malaysian constitution accorded separate jurisdiction for the state and federal authorities on land and water issues has given rise to various points of contention when dealing with water policy reform, particularly the role, power and ownership of water resources between the state and the federal governments. In conclusion, the problems observed in Malaysia’s water services industry reform are mainly with regard to legislation. In-depth analysis of how the SPAN Act and WSIA impact available legislation and how these legislations can create an integrated water resource management system that works on both Federal and State levels are crucial. It is thus fundamental for legal regimes for water resources to support the legal regimes for water services. Only then, will the Federal government be able to take appropriate steps in restructuring the country’s water governance in its entirety. Acknowledgement The authors acknowledge the research grant provided by the Ministry of Education Malaysia under the Long Term Research Grant Scheme (LRGS 203/PKT/6726002 and those who have took part and provided us with information for this study. The authors also thank the panel of reviewers who provided us with constructive comments in the preparation of this commentary.

Addressing the Federal-State-Local Interface Issues During a Catastrophic Event Such as an Anthrax Attack

Energy Technology Data Exchange (ETDEWEB)

Stein, Steven L.; Lesperance, Ann M.; Upton, Jaki F.

2010-02-01

On October 9, 2008, federal, state and local policy makers, emergency managers, and medical and public health officials convened in Seattle, Washington, for a workshop on Addressing the Federal-State-Local Interface Issues During a Catastrophic Event Such as an Anthrax Attack. The day-long symposium was aimed at generating a dialogue about recovery and restoration through a discussion of the associated challenges that impact entire communities, including people, infrastructure, and critical systems. The Principal Federal Official (PFO) provided an overview of the role of the PFO in a catastrophic event. A high-level summary of an anthrax scenario was presented. The remainder of the day was focused on interactive discussions among federal, state and local emergency management experts in the areas of: • Decision-making, prioritization, and command and control • Public health/medical services • Community resiliency and continuity of government. Key topics and issues that resulted from discussions included: • Local representation in the Joint Field Office (JFO) • JFO transition to the Long-Term Recovery Office • Process for prioritization of needs • Process for regional coordination • Prioritization - process and federal/military intervention • Allocation of limited resources • Re-entry decision and consistency • Importance of maintaining a healthy hospital system • Need for a process to establish a consensus on when it is safe to re-enter. This needs to be across all jurisdictions including the military. • Insurance coverage for both private businesses and individuals • Interaction between the government and industry. The symposium was sponsored by the Interagency Biological Restoration Demonstration, a collaborative regional program jointly funded by the U.S. Department of Homeland Security and the U.S. Department of Defense. To aid the program’s efforts and inform the development of blueprint for recovery from a biological incident

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

Energy Technology Data Exchange (ETDEWEB)

Becker, Bernd

2009-07-01

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

LPAA Focus on Cities and Regions - Climate Action, 2015 December 8. Scientific Brief on the implications of local and regional jurisdictions for mitigation and adaptation to climate change: How can they enhance engagement of their constituents? State of science and focus on economic and financial tools

International Nuclear Information System (INIS)

Leseur, Alexia; Depoues, Vivian; Bordier, Cecile; Rosenzweig, Cynthia; Pacteau, Chantal; Abbadie, Luc; Ali Ibrahim, Somayya

2015-01-01

Regional jurisdictions - geographical areas and political units such as cities, provinces, and territories - are extraordinarily diverse, with distinct economic conditions, populations, infrastructure, geographies, institutions, and governance systems. In these districts, urban areas have an important role and status, as cities generate more than 80% of global GDP and house the majority of the world's population (54% today and projected to grow to 66% by 2050). There currently are 1,000 urban agglomerations of 500,000 or more inhabitants. Home to 70% of the developing world's poor, rural areas, and the provinces and territories encompassing these regions, will also play a crucial role in reducing humanity's vulnerability to climate change impacts. The Sustainable Development Goals (SDGs), adopted in September 2015 by the UN General Assembly, confirm and legitimise the will of regional jurisdictions, human settlements, and cities to become more inclusive, safe, resilient and sustainable. SDG 11 highlights the need for participatory, integrated, and sustainable urban planning to build inclusive human settlements that are innovative, resource efficient, low carbon, and resilient to climate change impacts. Recognizing multiple levels of governance, the goal explicitly aims to foster positive economic, social, and environmental outcomes through vertically integrated jurisdictions. (authors)

29 CFR 2200.92 - Review by the Commission.

Science.gov (United States)

2010-07-01

... Regulations Relating to Labor (Continued) OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE Posthearing Procedures § 2200.92 Review by the Commission. (a) Jurisdiction of the Commission; issues on... Commission to review the entire case. The issues to be decided on review are within the discretion of the...

Inter-Location Small Business Tax Rate Variation in Ukraine: What Is Behind It?

Directory of Open Access Journals (Sweden)

Sergii Slukhai

2009-03-01

Full Text Available This paper’s aim is to research into the variation in effective tax rates among local jurisdictions of two regions of Ukraine, Ivano-Frankivsk and Vinnitsa, in order to get new insights into the peculiarity of inter-location fiscal competition in the context of a transitional economy. It is argued that, despite a highly centralized taxation system, the room for inter-jurisdictional tax competition is somewhat limited, at least with regard to a unified small business tax for natural persons. This competition could take on a very specific shape because it is closely related to the issue of hidden economy. The study demonstrates that local fiscal policy has a potential to affect the number of business units registered in a specific jurisdiction.

PENEGAKAN HUKUM TERHADAP CYBER CRIME DI BIDANG PERBANKAN SEBAGAI KEJAHATAN TRANSNASIONAL

Directory of Open Access Journals (Sweden)

Tri Kuncoro

2013-11-01

Full Text Available ABSTRACTInternet has been used in various fields of life, one of which is banking. Banking activities are performed through Internet-banking. Through the internet-banking service, customers can conduct financial transactions without having to come to the bank. In this study addressed two issues namely the forms of cyber crime in the banking and jurisdiction in the law enforcement against cyber crime in banking. This research is a normative legal research. Legal materials collected through library research. In this research, legal materials were analyzed by using the description, interpretation, argumentation, evaluation and systematization.The forms of cyber crime in banking are typo site, keylogger / keystroke recorder, sniffing, brute-force attacking, deface web, email spamming, denial of service and virus, worm, trojan. Jurisdiction in the law enforcement against cyber crime in banking jurisdiction includes legislative, executive and enforcement jurisdiction. Jurisdiction specifically stipulated in Article 2 of Act of Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. Banks should have an electronic security system to protect the system. The Law enforcement against cyber crime in banking requires cooperation between countries.

H.R. 2372: A Bill to provide jurisdiction and procedures for claims for compassionate payments for injuries due to exposure to radiation from nuclear testing. Introduced in the House of Representatives, One Hundredth First Congress, First Session, May 16, 1989

International Nuclear Information System (INIS)

Anon.

1989-01-01

H.R. 2372 is a bill to provide jurisdiction and procedures for claims for compassionate payments for injuries due to exposure to radiation from nuclear testing. The Act proposes the use of a Trust Fund Board of Directors to disburse funds under prescribed conditions

The Possible Misfit of Csikszentmihalyi's Dimensions of Flow in the Contemporary Roles of School Leaders

Science.gov (United States)

MacNeill, Neil; Cavanagh, Rob

2013-01-01

In many jurisdictions school leaders are being placed under increased accountability and stress, which then affects their ability to address the real issue of education--improving students' learning. Flow Theory, developed by the Hungarian-American psychologist Mihalyi Csikszentmihalyi, has a high degree of relevance to the issue of the way modern…

Oklahoma Tribes: A History

Science.gov (United States)

Gover, Kevin

1977-01-01

Oklahoma is a microcosm of American Indian country. Water rights, tribal government impotence, jurisdiction, tribal membership, treaty rights, taxation, sovereignty, racism, and poor housing, education, and health are all vital issues facing the Indian tribes of Oklahoma. In order to understand the complexity of these issues, a review of the…

The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues

Science.gov (United States)

Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

2016-01-01

This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers’ perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers’ legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients’ control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale. PMID:27755563

The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

Science.gov (United States)

Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

2016-01-01

This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

Directory of Open Access Journals (Sweden)

Kathleen Charlebois

Full Text Available This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1 Getting comfortable with cloud computing; 2 Weighing the advantages and the risks of cloud computing; 3 Reconciling cloud computing with data privacy; 4 Maintaining trust and 5 Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

American Academy of Pediatrics Guidelines for Infant Bioethics Committees.

Science.gov (United States)

College and University, 1985

1985-01-01

Examples are given of points hospitals must consider when adopting and implementing infant bioethics committees, including committee functions (educational, policy development, and consultative), structure, membership, jurisdiction, recordkeeping, and legal issues. (MSE)

Population-level interventions in government jurisdictions for dietary sodium reduction: a Cochrane Review.

Science.gov (United States)

Barberio, Amanda M; Sumar, Nureen; Trieu, Kathy; Lorenzetti, Diane L; Tarasuk, Valerie; Webster, Jacqui; Campbell, Norman R C; McLaren, Lindsay

2017-10-01

Worldwide, excessive salt consumption is common and is a leading cause of high blood pressure. Our objectives were to assess the overall and differential impact (by social and economic indicators) of population-level interventions for dietary sodium reduction in government jurisdictions worldwide. This is a Cochrane systematic review. We searched nine peer-reviewed databases, seven grey literature resources and contacted national programme leaders. We appraised studies using an adapted version of the Cochrane risk of bias tool. To assess impact, we computed the mean change in salt intake (g/day) from before to after intervention. Fifteen initiatives met the inclusion criteria and 10 provided sufficient data for quantitative analysis of impact. Of these, five showed a mean decrease in salt intake from before to after intervention including: China, Finland (Kuopio area), France, Ireland and the UK. When the sample was constrained to the seven initiatives that were multicomponent and incorporated activities of a structural nature (e.g. procurement policy), most (4/7) showed a mean decrease in salt intake. A reduction in salt intake was more apparent among men than women. There was insufficient information to assess differential impact by other social and economic axes. Although many initiatives had methodological strengths, all scored as having a high risk of bias reflecting the observational design. Study heterogeneity was high, reflecting different contexts and initiative characteristics. Population-level dietary sodium reduction initiatives have the potential to reduce dietary salt intake, especially if they are multicomponent and incorporate intervention activities of a structural nature. It is important to consider data infrastructure to permit monitoring of these initiatives. © The Author 2017; all rights reserved. Published by Oxford University Press on behalf of the International Epidemiological Association

No longer in suspense: Clarifying the Human Rights Jurisdiction of the SADC Tribunal

Directory of Open Access Journals (Sweden)

Moses R Phooko

2015-12-01

Full Text Available The Southern African Development Community Tribunal's (SADC Tribunal decision in the matter of Mike Campbell (Pvt Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008 demonstrated its ability to utilise the principles contained in the Treaty of the Southern African Development Community when it ruled that it had the power and competency to adjudicate over a human rights case. The aforesaid decision was hailed by many scholars as a progressive judgment in the SADC region that would promote the rule of law and ensure that member states respected their treaty obligations in their own territories. Unfortunately, the same judgment resulted in the suspension of the SADC Tribunal in 2010 because it had purportedly acted beyond its mandate when it adjudicated over a case concerning a human rights dispute. This article investigates whether the SADC Tribunal had jurisdiction to deal with cases involving allegations of human rights violations. In addressing this question, this article will discuss the powers (implied and tacit of international organisations as understood within international law. In addition, the study will ascertain how the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia have dealt with cases that involved disputes concerning a tribunal or an international organisation that was said to have acted beyond its mandate. The study will also make reference to the East African Court of Justice and the Economic Community of West African States Court of Justice as they have also dealt with implied powers when they were confronted with cases concerning human rights abuses. Certain decisions of the SADC Summit of Heads of States or Government (Summit and the Council of Ministers whose roles include the control of functions and/or overseeing the functioning of the SADC will also be referred to in this study.

75 FR 82246 - Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration...

Science.gov (United States)

2010-12-30

..., 290 Broadway, 25th Floor, New York, NY 10007- 1866, (212) 637- 3706. III Kathleen Cox, Chief, District... manufacturing 3391, 3399. Waste management and remediation....... 5622, 5629. Hospitals/nursing and residential... governmental jurisdiction that is a government of a city, county, town, school district, or special district...

Cross-Border Litigation and ADR Mechanisms in Disputes Concerning Mobile Computing in the EU

DEFF Research Database (Denmark)

Savin, Andrej

2011-01-01

The aim of this paper is to discuss briefly how the EU rules on jurisdiction, choice of law and alternative dispute resolution in civil and commercial matters operate in the context of mobile computing. The article first looks at rules on jurisdiction in commercial disputes, both between businesses...... and between businesses and consumers. It then discusses the choice-of-law issues applicable to mobile computing. Finally, there is an examination of alternative dispute resolution as an alternative to regular courts in transactions involving mobile computing....

Improving risk stratification among veterans diagnosed with prostate cancer: impact of the 17-gene prostate score assay.

Science.gov (United States)

Lynch, Julie A; Rothney, Megan P; Salup, Raoul R; Ercole, Cesar E; Mathur, Sharad C; Duchene, David A; Basler, Joseph W; Hernandez, Javier; Liss, Michael A; Porter, Michael P; Wright, Jonathan L; Risk, Michael C; Garzotto, Mark; Efimova, Olga; Barrett, Laurie; Berse, Brygida; Kemeter, Michael J; Febbo, Phillip G; Dash, Atreya

2018-01-01

Active surveillance (AS) has been widely implemented within Veterans Affairs' medical centers (VAMCs) as a standard of care for low-risk prostate cancer (PCa). Patient characteristics such as age, race, and Agent Orange (AO) exposure may influence advisability of AS in veterans. The 17-gene assay may improve risk stratification and management selection. To compare management strategies for PCa at 6 VAMCs before and after introduction of the Oncotype DX Genomic Prostate Score (GPS) assay. We reviewed records of patients diagnosed with PCa between 2013 and 2014 to identify management patterns in an untested cohort. From 2015 to 2016, these patients received GPS testing in a prospective study. Charts from 6 months post biopsy were reviewed for both cohorts to compare management received in the untested and tested cohorts. Men who just received their diagnosis and have National Comprehensive Cancer Network (NCCN) very low-, low-, and select cases of intermediate-risk PCa. Patient characteristics were generally similar in the untested and tested cohorts. AS utilization was 12% higher in the tested cohort compared with the untested cohort. In men younger than 60 years, utilization of AS in tested men was 33% higher than in untested men. AS in tested men was higher across all NCCN risk groups and races, particular in low-risk men (72% vs 90% for untested vs tested, respectively). Tested veterans exposed to AO received less AS than untested veterans. Tested nonexposed veterans received 19% more AS than untested veterans. Median GPS results did not significantly differ as a factor of race or AO exposure. Men who receive GPS testing are more likely to utilize AS within the year post diagnosis, regardless of age, race, and NCCN risk group. Median GPS was similar across racial groups and AO exposure groups, suggesting similar biology across these groups. The GPS assay may be a useful tool to refine risk assessment of PCa and increase rates of AS among clinically and

Clinical Education, the lessons learned from practical applications - Albanian issues, East Europe and the advanced international practices on Clinical Education

Directory of Open Access Journals (Sweden)

Alban Koci

2015-01-01

In legal clinics, students perform various tasks just as an attorney would do in the same job position, such as doing legal research, drafting briefs and other legal documents, and interviewing clients. Many jurisdictions even allow students to appear in court on behalf of clients, even in criminal defense. Legal clinics is part of the academic law program in the most of the law faculties all over the world and it has a great impact in the community’s life. Throughout legal clinics students not only get the opportunity to be part of an important experience, but also they can be effective and help the people in need with their work. This paper aims to bring attention to the importance of clinical education in the formation of young lawyers and how one can learn from experience. There will be discussed important issues about legal clinic, the objectives and its mission, how to apply it and the benefits legal clinic brings not only for the academic area but also for the society.

The costs of uncertainty: regulating health and safety in the Canadian uranium industry

International Nuclear Information System (INIS)

Robinson, I.

1982-04-01

Federalism, and particularly federal/provincial jurisdictional relationships, have led to considerable uncertainty in the regulation of occupational health and safety and of environmental protection in the Canadian uranium mining industry. The two principal uranium producing provinces in Canada are Saskatchewan and Ontario. Since 1978, in an attempt to avoid constitutional issues, both these provinces and the federal government as well have proceeded unilaterally with health and safety reforms for the industry. In Saskatchewan this has resulted in areas of overlapping jurisdiction, which have led to uncertainty over the legal enforceability of the provincial regulations. In Ontario, the province has left significant gaps in the protection of both workers and the environment. Little progress can be expected in eliminating these gaps and overlaps until the current administrative and jurisdictional arrangements are understood

Energy Law in the Netherlands. Recent developments in the Dutch energy sector

International Nuclear Information System (INIS)

In de Braekt, M.; Berger, K.; Ouwehand, P.; Reinders, E.M.

2007-01-01

European Energy Review 2007 provides an overview of the key developments that have taken place in the energy sector in 30 European jurisdictions during in 2006. Written by law firms in those jurisdictions, the review also includes a summary of each legal and regulatory energy framework. Issues such as industry structure, Third Party Access, the framework applying to use of system both at the transmission and distribution levels, market entry, promotion of renewable generation, nuclear power and cross border interconnection are examined. The jurisdictions covered are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom. This record concerns Energy Law The Netherlands.

IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS

Directory of Open Access Journals (Sweden)

Carlos Arevalo

2013-11-01

Full Text Available All companies, regardless of the sector they belong to, can positively or negatively impact human rights. Governments are increasingly aware of the benefits that free trade brings their nations, which has led them to do whatever is necessary to attract foreign investment, even if it means to act against the interests of their own people. The power relationship between corporations and states generates a tension derived from their nature: while the objective of states is the welfare of its members, the purpose of corporations is profit. It is in the crack generated by the collision of powers and purposes between these two actors, that this article is intended to raise the discussion on the need to establish an international framework for corporate liability for human rights violations. To achieve its goal, the article will analyze the opportunities and obstacles raised by the exercise of extraterritorial jurisdiction in the American context and its relationship with the developments in the business and human rights field.

20 CFR 658.710 - Decision of the Administrative Law Judge.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Decision of the Administrative Law Judge. 658... Agencies § 658.710 Decision of the Administrative Law Judge. (a) The Administrative Law Judge shall have jurisdiction to decide all issues of fact and related issues of law and to grant or deny appropriate motions...

Conservation of the Critically Endangered Eastern Australian Population of the Grey Nurse Shark ( Carcharias taurus) Through Cross-Jurisdictional Management of a Network of Marine-Protected Areas

Science.gov (United States)

Lynch, Tim P.; Harcourt, Robert; Edgar, Graham; Barrett, Neville

2013-12-01

Between 2001 and 2009, 26 marine-protected areas (MPA) were established on the east Australian seaboard, at least in part, to manage human interactions with a critically endangered population of grey nurse shark, Carcharias taurus. This network is spread across six MPA systems and includes all 19 sites outlined in the National Recovery Plan for C. taurus, though five sites remain open to some forms of fishing. The reserve network has complex cross-jurisdictional management, as the sharks occur in waters controlled by the Australian states of New South Wales (NSW) and Queensland, as well as by the Commonwealth (Federal) government. Jurisdiction is further complicated by fisheries and conservation departments both engaging in management activities within each state. This has resulted in protected area types that include IUCN category II equivalent zones in NSW, Queensland, and Commonwealth marine parks that either overlay or complement another large scaled network of protected sites called critical habitats. Across the network, seven and eight rule permutations for diving and fishing, respectively, are applied to this population of sharks. Besides sites identified by the recovery plan, additional sites have been protected as part of the general development of MPA networks. A case study at one of these sites, which historically was known to be occupied by C. taurus but had been abandoned, appears to shows re-establishment of an aggregation of juvenile and sub-adult sharks. Concurrent with the re-establishment of the aggregation, a local dive operator increased seasonal dive visitation rates at the site fourfold. As a precautionary measure, protection of abandoned sites, which includes nursery and gestating female habitats are options that may assist recovery of the east coast population of C. taurus.

Proceedings of the Canadian Institute's Power On conference : the latest strategies to maximize opportunities in Ontario's electricity sector

International Nuclear Information System (INIS)

2004-01-01

This conference provided a forum for reviewing strategies for Ontario's electricity sector with particular reference to electricity sector reform strategies and coal phase-out commitments. A supply adequacy outlook in terms of projected demand growth and generation mix and capacity was presented by the Independent Market Operator (IMO) along with issues concerning rising energy costs in various jurisdictions. Consumer adaptation to new pricing structures was discussed as well as generation investment needs to the year 2020. Government policies and commitments in the electricity sector were reviewed, as well as issues related to emissions and the impacts of air pollution. Renewable energy portfolios were also discussed along with issues concerning infrastructure adequacy. Imports of power and the expansion of transmission capabilities between Ontario and surrounding jurisdictions were reviewed and various opportunities from Manitoba were explored. Other topics of discussion included issues concerning pricing mechanisms; cost recovery; the development of effective buying strategies; and electricity purchasing for large energy consumers. The conference featured 23 presentations, of which 8 have been catalogued separately for inclusion in this database. tabs., figs

75 FR 45052 - The Jurisdictional Scope of Commodity Classification Determinations and Advisory Opinions Issued...

Science.gov (United States)

2010-08-02

..., Regulatory Policy Division, by phone at (202) 482-2440 or by fax (202) 482-3355. SUPPLEMENTARY INFORMATION... 734 Administrative practice and procedure, Exports, Inventions and patents, Research Science and...

The entry-level occupational therapy clinical doctorate: advantages, challenges, and international issues to consider.

Science.gov (United States)

Brown, Ted; Crabtree, Jeffrey L; Mu, Keli; Wells, Joe

2015-04-01

Internationally, occupational therapy education has gone through several paradigm shifts during the last few decades, moving from certificate to diploma to bachelors to masters and now in some instances to clinical doctorate as the entry-level professional credential to practice. In the United States there is a recommendation under consideration by the American Occupational Therapy Association (AOTA) that by 2025, all occupational therapy university programs will move to the clinical doctorate level. It should be noted, however, that the AOTA Board can only make recommendations and it is the Accreditation Council for Occupational Therapy Education (ACOTE) who has regulatory authority to approve such a change. What are the potential implications for the profession, our clients, and funders of occupational therapy services? What are the primary drivers for the move towards the clinical doctorate being the educational entry point? Is the next step in the evolution of occupational therapy education globally a shift to the entry-level clinical doctorate? This article reviews current literature and discusses issues about the occupational therapy entry-level clinical doctorate. The published evidence available about the occupational therapy entry-level clinical doctorate is summarized and the perceived or frequently cited pros and cons of moving to the clinical doctorate as the singular entry point to occupational therapy practice are considered. The potential impacts of the introduction of the clinical doctorate as the entry-to-practice qualification across the United States on the occupational therapy community internationally will be briefly discussed. If the United States moves toward the entry-level clinical doctorate as the only educational starting point for the profession, will other jurisdictions follow suit? Further discourse and investigation of this issue both inside and outside of the United States is needed so that informed decisions can be made.

Prototype design for a predictive model to improve evacuation operations : technical report.

Science.gov (United States)

2011-08-01

Mass evacuations of the Texas Gulf Coast remain a difficult challenge. These events are massive in scale, : highly complex, and entail an intricate, ever-changing conglomeration of technical and jurisdictional issues. : This project focused primarily...

Precautionary principles: a jurisdiction-free framework for decision-making under risk.

Science.gov (United States)

Ricci, Paolo F; Cox, Louis A; MacDonald, Thomas R

2004-12-01

Fundamental principles of precaution are legal maxims that ask for preventive actions, perhaps as contingent interim measures while relevant information about causality and harm remains unavailable, to minimize the societal impact of potentially severe or irreversible outcomes. Such principles do not explain how to make choices or how to identify what is protective when incomplete and inconsistent scientific evidence of causation characterizes the potential hazards. Rather, they entrust lower jurisdictions, such as agencies or authorities, to make current decisions while recognizing that future information can contradict the scientific basis that supported the initial decision. After reviewing and synthesizing national and international legal aspects of precautionary principles, this paper addresses the key question: How can society manage potentially severe, irreversible or serious environmental outcomes when variability, uncertainty, and limited causal knowledge characterize their decision-making? A decision-analytic solution is outlined that focuses on risky decisions and accounts for prior states of information and scientific beliefs that can be updated as subsequent information becomes available. As a practical and established approach to causal reasoning and decision-making under risk, inherent to precautionary decision-making, these (Bayesian) methods help decision-makers and stakeholders because they formally account for probabilistic outcomes, new information, and are consistent and replicable. Rational choice of an action from among various alternatives--defined as a choice that makes preferred consequences more likely--requires accounting for costs, benefits and the change in risks associated with each candidate action. Decisions under any form of the precautionary principle reviewed must account for the contingent nature of scientific information, creating a link to the decision-analytic principle of expected value of information (VOI), to show the

Research report: Summary of key state issues of FERC orders 888 and 889

Energy Technology Data Exchange (ETDEWEB)

Rose, K.; Burns, R.E.; Graniere, R.J. [and others

1997-01-01

The Federal Energy Regulatory Commission`s (FERC) Order 888 is perhaps the most important and far reaching FERC electricity order in decades. The consequences on the structure of the industry and how the industry is regulated are significant departures from past methods and regulatory philosophy. This will undoubtedly have a dramatic impact on the manner in which state public utility commissions, which are also undergoing or considering dramatic change, regulate their jurisdictional electric utilities. This report summarizes and discusses the actions that the FERC is taking and their profound repercussions on the industry and state commissions. The report is not a comprehensive summary of the entire order. Rather, it is intended to highlight the order`s more important features and discuss what this could mean for the states. The report is organized into eight sections; the first seven address Order 888 and the last section (section 8) addresses Order 889. Section 1 through 5 summarize and discuss the main features of Order 888. Section 6 (on jurisdiction) and Section 7 (on property rights) interpret the likely consequences of the order. Section 8, summarizes the FERC`s Open Access Same Time System (OASIS) and discusses some concerns about its real-world application.

The privileges and immunities of international organizations in domestic courts

CERN Document Server

2013-01-01

International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topi...

Effectiveness of employer financial incentives in reducing time to report worker injury: an interrupted time series study of two Australian workers' compensation jurisdictions.

Science.gov (United States)

Lane, Tyler J; Gray, Shannon; Hassani-Mahmooei, Behrooz; Collie, Alex

2018-01-05

Early intervention following occupational injury can improve health outcomes and reduce the duration and cost of workers' compensation claims. Financial early reporting incentives (ERIs) for employers may shorten the time between injury and access to compensation benefits and services. We examined ERI effect on time spent in the claim lodgement process in two Australian states: South Australia (SA), which introduced them in January 2009, and Tasmania (TAS), which introduced them in July 2010. Using administrative records of 1.47 million claims lodged between July 2006 and June 2012, we conducted an interrupted time series study of ERI impact on monthly median days in the claim lodgement process. Time periods included claim reporting, insurer decision, and total time. The 18-month gap in implementation between the states allowed for a multiple baseline design. In SA, we analysed periods within claim reporting: worker and employer reporting times (similar data were not available in TAS). To account for external threats to validity, we examined impact in reference to a comparator of other Australian workers' compensation jurisdictions. Total time in the process did not immediately change, though trend significantly decreased in both jurisdictions (SA: -0.36 days per month, 95% CI -0.63 to -0.09; TAS: 0.35, -0.50 to -0.20). Claim reporting time also decreased in both (SA: -1.6 days, -2.4 to -0.8; TAS: -5.4, -7.4 to -3.3). In TAS, there was a significant increase in insurer decision time (4.6, 3.9 to 5.4) and a similar but non-significant pattern in SA. In SA, worker reporting time significantly decreased (-4.7, -5.8 to -3.5), but employer reporting time did not (-0.3, -0.8 to 0.2). The results suggest that ERIs reduced claim lodgement time and, in the long-term, reduced total time in the claim lodgement process. However, only worker reporting time significantly decreased in SA, indicating that ERIs may not have shortened the process through the intended target of

Status of safety issues at licensed power plants: TMI Action Plan requirements, unresolved safety issues, generic safety issues, other multiplant action issues

International Nuclear Information System (INIS)

1992-12-01

This report is to provide a comprehensive description of the implementation and verification status of Three Mile Island (TMI) Action Plan requirements, safety issues designated as Unresolved Safety Issues (USIs), Generic Safety Issues(GSIs), and other Multiplant Actions (MPAs) that have been resolved and involve implementation of an action or actions by licensees. This report makes the information available to other interested parties, including the public. An additional purpose of this NUREG report is to serve as a follow-on to NUREG-0933, ''A Prioritization of Generic Safety Issues,'' which tracks safety issues up until requirements are approved for imposition at licensed plants or until the NRC issues a request for action by licensees

Surrogacy and women′s right to health in India: Issues and perspective

OpenAIRE

Anu; Pawan Kumar; Deep Inder; Nandini Sharma

2013-01-01

The human body is a wonderful machine. The future of child birth in the form of test tube babies, surrogate motherhood through new reproductive and cloning technology will introduce undreamt of possibilities in the sexual arena. Surrogacy is a method of assisted reproduction whereby a woman agrees to become pregnant for the purpose of gestating and giving birth to a child for others to raise. In some jurisdictions the possibility of surrogacy has been allowed and the intended parents may be r...

Retailing residential electricity : A concept that makes sense?

International Nuclear Information System (INIS)

MacDonald, C.

2003-07-01

A heated debate centres around the deregulation of the electricity industry and the retailing of residential electricity. An assessment of the current situation in the industry was provided in this paper to provide a basis for discussion. The experience gained both in Alberta and Texas in residential retail was examined. The main issue of concern is whether residential customers will benefit from deregulation of the electricity sector. The Retail Energy Deregulation (RED) Index provides a benchmark for those jurisdictions considering the residential options. Deregulation has not led to significant benefits to residential customers in most jurisdictions. The electricity industry will always require a central dispatch/market process that will have to designed, governed, regulated, modified regularly. The benefits to residential consumers are not expected for a very long time. Standard market design is an issue that will require attention. refs., 7 figs

Building control in Australia; experiences with private sector involvement

NARCIS (Netherlands)

Van der Heijden, J.J.

2008-01-01

Facing issues with regulatory enforcement through municipal agencies, governments in Australia have reformed the enforcement of public building regulations. As a result, the private sector has been introduced in building regulatory enforcement regimes with differences amongst jurisdictions. In this

MOTION TO CHANGE VENUE. CASE STUDY

Directory of Open Access Journals (Sweden)

Dragoş Lucian Rădulescu

2015-11-01

Full Text Available Change of venue is a remedy offered to a party, which in case of legitimate grounds for suspicion or public safety may require that proceedings belong to another court than the court first seized. But change of venue is not based on a case of material or territorial lack of jurisdiction of the court, taking into account exceptional circumstances or impartiality doubt regarding the case. Thus, article 140 of the Code of Civil Procedure stipulates the possible causes of change of venue, including further issues that will determine jurisdiction to hear by the courts of control.

Creating energy security indexes with decision matrices and quantitative criteria

Energy Technology Data Exchange (ETDEWEB)

Hughes, Larry; Shupe, Darren

2010-09-15

Energy security is becoming an important policy issue in a growing number of jurisdictions because of volatile energy markets and production challenges faced by many producers. As a result, policymakers and politicians are looking for tools or methods that can create an energy security index with results that are justifiable, understandable, and reproducible. This paper describes a method which employs a decision matrix to produce an energy security index using quantitative criteria and metrics. The method allows a range of indexes to be produced, thereby offering further insight into the state of a jurisdiction's energy security.

Copyright and mass digitization a cross-jurisdictional perspective

CERN Document Server

Borghi, Maurizio

2013-01-01

In an age where works are increasingly being used, not only as works in the traditional sense, but also as carriers of data from which information may be automatically extracted for various purposes, Borghi and Karapapa consider whether mass digitisation is consistent with existing copyright principles, and ultimately whether copyright protection needs to be redefined, and if so how? The work considers the activities involved in the process of mass digitization identifying impediments to the increasing number of such projects such as the inapplicability of copyright exceptions, difficulties in rights clearance, and the issue of 'orphan' and out-of-print works. It goes on to examine the concept of 'use' of works in light of mass digital technologies and how it impinges on copyright law and principles; for example considering whether scanning and using optical character recognition in mass digital projects qualify as transformative use, or whether text mining on digitial repositories should be a permitted act...

Google and personal data protection

NARCIS (Netherlands)

van der Sloot, B.; Zuiderveen Borgesius, F.; Lopez-Tarruella, A.

2012-01-01

This chapter discusses the interplay between the European personal data protection regime and two specific Google services, Interest-Based Advertising and Google Street View. The chapter assesses first the applicability of the Data Protection Directive, then jurisdictional issues, the principles

78 FR 17752 - Tongue River Railroad Company, Inc.-Rail Construction and Operation-In Custer, Powder River and...

Science.gov (United States)

2013-03-22

... to cultural resources during the EIS process. Defining the Project Area: A challenging issue..., religious or cultural sites, and subsistence activities. The Board's Procedures and Jurisdiction. Commenters... grade crossings, fires, livestock loss, and train derailment. Commenters also requested that the EIS...

43 CFR 12.941 - Recipient responsibilities.

Science.gov (United States)

2010-10-01

... to such Federal, State or local authority as may have proper jurisdiction. ... responsible authority, without recourse to the Federal awarding agency, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in support...

Electricity restructuring: charting new frontiers

International Nuclear Information System (INIS)

Kwaczek, A.

1996-01-01

Various aspects of restructuring in the electrical industry were examined. A general warning was issued to the effect that there are no 'one-size-fits-all' answers to competing in the markets that will follow deregulation. Experiences with electricity deregulation in other countries, such as the U.K., Argentina, Chile, New Zealand, Australia, Sweden, Norway, and more recently, in Alberta, were described. Two major lessons emerged: (1) there are a number of ways to achieve the same goal, and (2) different jurisdictions have different goals, i.e. instead of deregulation being a universal process that will lead to the correct destination, restructuring in each province of Canada will more likely evolve through a series of tradeoffs among objectives. The final outcome will be determined by policy decisions about issues such as efficiency versus equity, public versus private, and big versus small. The most important issues that each jurisdiction will have to address have been identified as market power in both generation and system operation, pooling, and the extent of competition. It was also stated that while the issues are complex, they are not intractable; all experience shows that the transition is manageable, and sometimes even exciting

Nuclear materials transportation workshops: USDOE outreach to local governments

International Nuclear Information System (INIS)

1987-01-01

To provide direct outreach to local governments, the Transportation Management Division of the United States Department of Energy asked the Urban Consortium and its Energy Task Force to assemble representatives for two workshops focusing on the transport of nuclear materials. The first session, for jurisdictions east of the Mississippi River, was held in New Orleans on May 5--6, 1988; the second was conducted on June 6--7, 1988 in Denver for jurisdictions to the west. Twenty local government professionals with management or operational responsibility for hazardous materials transportation within their jurisdictions were selected to attend each workshop. The discussions identified five major areas of concern to local government professionals; coordination; training; information resources; marking and placarding; and responder resources. Integrated federal, state, and local levels of government emerged as a priority coordination issue along with the need for expanded availability of training and training resources for first-reponders

Disclosure on the Internet

International Nuclear Information System (INIS)

Kratz, M.P.J.

1998-01-01

The key issues surrounding regulatory enforcement of Internet disclosure in the petroleum industry were discussed under three headings, i.e. (1) content problems, such as intellectual property, trademarks, copyright, licence limitations, accuracy of promotional and other information; (2) disclosure problems, including web site information, employee disclosure, electronic mail, and third party disclosures; and (3) regulatory issues that range from the Internet as the vehicle for stock manipulation, to transnational aspects, lack of editorial oversight, and multi-jurisdictional enforcement issues

Mandatory Reporting? Issues to consider when developing legislation and policy to improve discovery of child abuse

Directory of Open Access Journals (Sweden)

Emma Davies

2014-10-01

Full Text Available Article by Dr Emma Davies (School of Law, Liverpool John Moores University, Associate Professor Ben Mathews (School of Law, Queensland University of Technology and Professor John Read (Institute of Psychology, Health and Society, University of Liverpool. In the United Kingdom, recent investigations into child sexual abuse occurring within schools, the Catholic Church and the British Broadcasting Corporation, have intensified debate on ways to improve the discovery of child sexual abuse, and child maltreatment generally. One approach adopted in other jurisdictions to better identify cases of severe child maltreatment is the introduction of some form of legislative mandatory reporting to require designated persons to report known and suspected cases. The debate in England has raised the prospect of whether adopting a strategy of some kind of mandatory reporting law is advisable. The purpose of this article is to add to this debate by identifying fundamental principles, issues and complexities underpinning policy and even legislative developments in the interests of children and society. The article will first highlight the data on the hidden nature of child maltreatment and the background to the debate. Secondly, it will identify some significant gaps in knowledge that need to be filled. Thirdly, the article will summarise the barriers to reporting abuse and neglect. Fourthly, we will identify a range of options for, and clarify the dilemmas in developing, legislative mandatory reporting, addressing two key issues: who should be mandated to report, and what types of child maltreatment should they be required to report? Finally, we draw attention to some inherently different goals and competing interests, both between and within the various institutions involved in the safeguarding of children and the criminal prosecution of some offenders. Based on this analysis we offer some concluding observations that we hope contribute to informed and careful

Offshore decommissioning issues: Deductibility and transferability

International Nuclear Information System (INIS)

Parente, Virginia; Ferreira, Doneivan; Moutinho dos Santos, Edmilson; Luczynski, Estanislau

2006-01-01

Dealing with the decommissioning of petroleum installations is a relatively new challenge to most producer countries. It is natural to expect that industry's experience in building platforms is much greater than the one of dismantling them. Even if manifold and varied efforts are underway towards establishing international 'best practices' standards in this sector, countries still enjoy rather extensive discretionary power as they practice a particular national style in the regulation of decommissioning activities in their state's jurisdiction. The present paper offers a broad panorama of this discussion, concentrating mainly on two controversial aspects. The first one analyses the ex-ante deductibility of decommissioning costs as they constitute an ex-post expense. The second discussion refers to the assignment of decommissioning responsibility in the case of transfer of exploration and production rights to new lessees during the project's life. Finally the paper applies concepts commonly used in project financing as well as structures generally used in organising pension funds to develop insights into these discussions

Global Issues

Energy Technology Data Exchange (ETDEWEB)

Seitz, J.L.

2001-10-15

Global Issues is an introduction to the nature and background of some of the central issues - economic, social, political, environmental - of modern times. This new edition of this text has been fully updated throughout and features expanded sections on issues such as global warming, biotechnology, and energy. Fully updated throughout and features expanded sections on issues such as global warming, biotechnology, and energy. An introduction to the nature and background of some of the central issues - economic, social, political, environmental - of modern times. Covers a range of perspectives on a variety of societies, developed and developing. Extensively illustrated with diagrams and photographs, contains guides to further reading, media, and internet resources, and includes suggestions for discussion and studying the material. (author)

7 CFR 246.4 - State plan.

Science.gov (United States)

2010-01-01

... jurisdiction; (ii) Vendor limiting and selection criteria. Vendor limiting criteria, if used by the State agency, and the vendor selection criteria established by the State agency consistent with the... friends; or, (iii) One employee determining eligibility for all certification criteria and issuing food...

The Hague Judgments Convention

DEFF Research Database (Denmark)

Nielsen, Peter Arnt

2011-01-01

The Hague Judgments Convention of 2005 is the first global convention on international jurisdiction and recognition and enforcement of judgments in civil and commercial matters. The author explains the political and legal background of the Convention, its content and certain crucial issues during...

10 CFR 600.141 - Recipient responsibilities.

Science.gov (United States)

2010-01-01

... referred to such Federal, State or local authority as may have proper jurisdiction. ... contract(s). The recipient is the responsible authority, without recourse to DOE regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into...

78 FR 8500 - Commission Information Collection Activities (FERC Form 6-Q); Comment Request; Extension

Science.gov (United States)

2013-02-06

... and others, an important tool to help identify emerging trends and issues affecting jurisdictional entities within the energy industry. It also provides timely disclosures of the impacts that new accounting... effects of significant transactions, events, and circumstances. The reporting of this information by...

The transportation issue management system: A tool for issue resolution

International Nuclear Information System (INIS)

Branch, K.M.; Boryczka, M.K.

1987-01-01

During the last decade, issue management programs have been developed and used by a number of large corporations in the United States. These systems have generally been designed to help senior program managers identify issues, develop strategic plans, and resolve issues. These systems involve scanning and abstracting literature to create a database that is then used for 1) issue identification, 2) issue analysis, 3) priority assessment, 4) development of corporate position/strategic options, and 5) action planning and implementation. Most of the existing systems rely on staff to identify trends in the computerized output, analyze the importance of the issue to the company, and assist in developing corporate responses. The Department of Energy has recently developed an issue management system for the Office of Civilian Radioactive Waste Management's (OCRWM) transportation program. This system is designed to help DOE identify institutional issues related to radioactive waste transportation, analyze the issues, and resolve them in a manner that is responsive to interested parties. The system will contain pertinent information from DOE technical reports, other federal documents, correspondence, professional journals, popular literature, newsclips, legislation and testimony. The program is designed around a number of institutional issues including: prenotification, physical protection procedures; highway, rail, and barge routing; inspections and enforcement of shipments; emergency response; liability, cask design and testing; overweight trucks; rail service; modal mix; infrastructure improvements; training standards, and operational procedures

Status of safety issues at licensed power plants: TMI Action Plan requirements; unresolved safety issues; generic safety issues; other multiplant action issues

International Nuclear Information System (INIS)

1993-12-01

As part of ongoing US Nuclear Regulatory Commission (NRC) efforts to ensure the quality and accountability of safety issue information, the NRC established a program for publishing an annual report on the status of licensee implementation and NRC verification of safety issues in major NRC requirements areas. This information was initially compiled and reported in three NUREG-series volumes. Volume 1, published in March 1991, addressed the status of Three Mile Island (TMI) Action Plan Requirements. Volume 2, published in May 1991, addressed the status of unresolved safety issues (USIs). Volume 3, published in June 1991, addressed the implementation and verification status of generic safety issues (GSIs). The first annual supplement, which combined these volumes into a single report and presented updated information as of September 30, 1991, was published in December 1991. The second annual supplement, which provided updated information as of September 30, 1992, was published in December 1992. Supplement 2 also provided the status of licensee implementation and NRC verification of other multiplant action (MPA) issues not related to TMI Action Plan requirements, USIs, or GSIs. This third annual NUREG report, Supplement 3, presents updated information as of September 30, 1993. This report gives a comprehensive description of the implementation and verification status of TMI Action Plan requirements, safety issues designated as USIs, GSIs, and other MPAs that have been resolved and involve implementation of an action or actions by licensees. This report makes the information available to other interested parties, including the public. Additionally, this report serves as a follow-on to NUREG-0933, ''A Prioritization of Generic Safety Issues,'' which tracks safety issues until requirements are approved for imposition at licensed plants or until the NRC issues a request for action by licensees

The commerce Clause and transmission infrastructure development: an answer to jurisdictional issues clouded by protectionism

Energy Technology Data Exchange (ETDEWEB)

Snarr, Steven W.

2009-06-15

Siting authority for interstate transmission facilities needs to rest with one federal agency, FERC, and federal eminent domain authority should be granted to those projects that meet the certification requirements of the siting authority. Establishment of a national renewable portfolio standard would be helpful to promote development of both renewable energy resources and cleaner power alternatives. (author)

Journal of Sustainable Development Law and Policy (The) - Vol 1 ...

African Journals Online (AJOL)

An overview of the Rome Statute of the International Criminal Court: jurisdiction and complementarity principle and issues in domestic implementation in ... The legal framework for the institutionalisation of international commercial arbitration in Nigeria: a critical review · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT

78 FR 24187 - Commission Information Collection Activities (FERC Form 6-Q); Comment Request

Science.gov (United States)

2013-04-24

..., investors and others, an important tool to help identify emerging trends and issues affecting jurisdictional entities within the energy industry. It also provides timely disclosures of the impacts that new accounting... effects of significant transactions, events, and circumstances. The reporting of this information by...

Researchers and Institutions in the Periphery: Challenges in Measuring Research Capacity for Geographically Specific Programs in the U.S

Energy Technology Data Exchange (ETDEWEB)

Melkers, J.

2016-07-01

The U.S. research funding system supports two geographically targeted government programs designed to enhance the research capacity of less competitive states in seeking federal research funds. Program eligibility is based on a relatively narrow measures of overall jurisdiction research funding track record. Yet, in order to adequately measure and address improved capacity development in these areas, a more nuanced understanding of the research capacity in these settings is needed. While the metric of prior research funding metric may be useful in assigning jurisdictions program eligibility, they do not account for variations within or across these areas, nor for factors that may function differently in lower capacity regions. This paper addresses the particular institutional and social/human capital aspects of measuring and identifying research capacity in these regions. Institutional data are used to categorize institutions within and across eligible jurisdictions. Survey data are used to address capacity issues and factors relevant to capacity development at the researcher level. (Author)

Assisted death and the slippery slope-finding clarity amid advocacy, convergence, and complexity.

Science.gov (United States)

Shariff, M J

2012-06-01

This paper unpacks the slippery slope argument as it pertains to assisted death.The assisted-death regimes of the Netherlands, Belgium, Luxembourg, Switzerland, and the states of Washington and Oregon are discussed and examined with respect to the slippery slope analytical rubric. In addition to providing a preliminary explanation of how the slippery slope argument has been academically defined and constructed, the paper examines assisted-death models from the perspective of considering what might exist at the top and at the bottom of the slippery slope. It also explores the nature and scope of safeguards implemented to avoid slippage, and shows that what lies at the top and bottom of the slippery slope may be different from jurisdiction to jurisdiction. After identifying some of the recent concerns that have arisen within each of the jurisdictions (concerns that might be viewed by some as evidence of slide), the paper concludes by making note of certain critical issues in the current assisted-death debate that merit deeper examination.

Effects of Economic Conditions and Organizational Structure on Local Health Jurisdiction Revenue Streams and Personnel Levels in Connecticut, 2005-2012.

Science.gov (United States)

Pallas, Sarah Wood; Kertanis, Jennifer; O'Keefe, Elaine; Humphries, Debbie L

2015-01-01

We investigated whether or not changes in economic conditions during the 2008-2010 U.S. recession were associated with changes in Connecticut local health jurisdictions' (LHJs') revenue or personnel levels. We analyzed Connecticut Department of Public Health 2005-2012 annual report data from 91 Connecticut LHJs, as well as publicly available data on economic conditions. We used fixed- and random-effect regression models to test whether or not LHJ per capita revenues and full-time equivalent (FTE) personnel differed during and post-recession compared with pre-recession, or varied with recession intensity, as measured by unemployment rates and housing permits. On average, total revenue per capita was significantly lower during and post-recession compared with pre-recession, with two-thirds of LHJs experiencing per capita revenue reductions. FTE personnel per capita were significantly lower post-recession. Changes in LHJ-level unemployment rates and housing permits did not explain the variation in revenue or FTE personnel per capita. Revenue and personnel differed significantly by LHJ organizational structure across all time periods. Economic downturns can substantially reduce resources available for local public health. LHJ organizational structure influences revenue levels and sources, with implications for the scope, quality, and efficiency of services delivered.

[Labor law issues in hospitals by structural changes and changes in hospital ownership].

Science.gov (United States)

Meyer, Peter

2003-11-01

The present article deals with the potential impact of structural changes and changes in hospital control or ownership on the employment contracts of the physicians concerned. While taking the applicable jurisdiction into consideration, the author examines the options of assigning new responsibilities or decreasing compensation opportunities, amending or even terminating employment contracts, outsourcing hospital-related services, or allowing physicians in the future to provide these services at their own risk. Furthermore, the article outlines the change in employer in various "change of control" scenarios such as in the case of hospital privatisation.

Techniques for analyzing the impacts of certain electric-utility ratemaking and regulatory-policy concepts. Regulatory laws and policies. [State by state

Energy Technology Data Exchange (ETDEWEB)

None

1980-08-01

This report is a legal study prepared to provide a review of the substantive and procedural laws of each regulatory jurisdiction that may affect implementation of the PURPA standards, and to summarize the current state of consideration and implementation of policies and rate designs similar or identical to the PURPA standards by state regulatory agencies and nonregulated utilities. This report is divided into three sections. The first section, the Introduction, summarizes the standards promulgated by PURPA and the results of the legal study. The second section, State Regulatory Law and Procedure, summarizes for each state or other ratemaking jurisdiction: (1) general constitutional and statutory provisions affecting utility rates and conditions of service; (2) specific laws or decisions affecting policy or rate design issues covered by PURPA standards; and (3) statutes and decisions governing administrative procedures, including judicial review. A chart showing actions taken on the policy and rate design issues addressed by PURPA is also included for each jurisdiction, and citations to relevant authorities are presented for each standard. State statutes or decisions that specifically define a state standard similar or identical to a PURPA standard, or that refer to one of the three PURPA objectives, are noted. The third section, Nonregulated Electric Utilities, summarizes information available on nonregulated utilities, i.e., publicly or cooperatively owned utilities which are specifically exempted from state regulation by state law.

43 CFR 4.201 - Definitions.

Science.gov (United States)

2010-10-01

.... Administrative law judge (ALJ) means an administrative law judge with OHA appointed under the Administrative... other designated office in BIA, having jurisdiction over trust or restricted land and trust personalty... ordering distribution of trust or restricted land or trust personalty; (2) The decision issued by an...

77 FR 41184 - Coordination Between Natural Gas and Electricity Markets; Notice of Technical Conferences

Science.gov (United States)

2012-07-12

... Operator Inc. (MISO), Southwest Power Pool, Inc. (SPP) and Electric Reliability Council of Texas (ERCOT). While we recognize we do not have Federal Power Act jurisdiction over the rates or terms of service in...-electric interdependence. The commenters raised a wide variety of issues regarding gas-electric...

The Likelihood of Confusion in the United State Ninth Circuit and the doctrine of Confusable Marks in the Andean Tribunal

Directory of Open Access Journals (Sweden)

Francisco José Cabrera Perdomo

2016-06-01

Full Text Available The article analysis the most important cases within the jurisdiction of California regarding the trademark infringement and its prerogative of the likelihood of confusion. Finally, it compares the conclusion with the confusable marks theory within the Andean community’s recent cases solving the issue.

The politics of symmetry

NARCIS (Netherlands)

Pels, D.L.

While symmetry and impartiality have become ruling principles in S&TS, defining its core ideal of a 'value-free relativism', their philosophical anchorage has attracted much less discussion than the issue or:how far their jurisdiction can be extended or generalized. This paper seeks to argue that

Local government and intergovernmental relations in Nigeria fourth ...

African Journals Online (AJOL)

The study adopts secondary source of data collection. ... The study reveals that intergovernmental relations among the levels of government in the fourth republic has been in disarray due to the conflicts arisen over issues of tax jurisdiction, revenue allocation, intergovernmental relations fund transfers, overconcentration of ...

LA FIGURA DEL TRADUCTOR EN LAS NORMAS PROCESALES ESPAÑOLAS. ANÁLISIS DE LOS ÓRDENES JURISDICCIONALES CIVIL, PENAL, CONTENCIOSO-ADMINISTRATIVO Y SOCIAL

Directory of Open Access Journals (Sweden)

María de las Heras Caba

2016-09-01

Full Text Available In this article we want to review those Spanish procedural rules with regard to the civil, criminal, administrative and labour jurisdictional orders, which refer to translation issues, in order to identify how the figure of the translator is regulated in the Spanish procedural law.

LOCAL GOVERNMENT AND INTERGOVERNMENTAL RELATIONS ...

African Journals Online (AJOL)

GRACE

issues of tax jurisdiction, revenue allocation, intergovernmental relations ... The 1999 Nigeria constitution stipulates the functions and powers of the ... systems of government, is characterized with diverse ethnic groups, ... states perceived to be an attempt by the federal government to relate directly to ..... excise taxes on oil.

Status of safety issues at licensed power plants: TMI Action Plan requirements, unresolved safety issues, generic safety issues, other multiplant action issues. Supplement 4

International Nuclear Information System (INIS)

1994-12-01

As part of ongoing US Nuclear Regulatory Commission (NRC) efforts to ensure the quality and accountability of safety issue information, the NRC established a program for publishing an annual report on the status of licensee implementation and NRC verification of safety issues in major NRC requirements areas. This information was initially compiled and reported in three NUREG-series volumes. Volume 1, published in March 1991, addressed the status of Three Mile Island (TMI) Action Plan Requirements. Volume 2, published in May 1991, addressed the status of unresolved safety issues (USIs). Volume 3, published in June 1991, addressed the implementation and verification status of generic safety issues (GSIs). The first annual supplement, which combined these volumes into a single report and presented updated information as of September 30, 1991, was published in December 1991. The second annual supplement, which provided updated information as of September 30, 1992, was published in December 1992. Supplement 2 also provided the status of licensee implementation and NRC verification of other multiplant action (MPA) issues not related to TMI Action Plan requirements, USIs, or GSIs. Supplement 3 gives status as of September 30, 1993. This annual report, Supplement 4, presents updated information as of September 30, 1994. This report gives a comprehensive description of the implementation and verification status of TMI Action Plan requirements, safety issues designated as USIs, GSIs, and other MPAs that have been resolved and involve implementation of an action or actions by licensees. This report makes the information available to other interested parties, including the public. Additionally, this report serves as a follow-on to NUREG-0933, ''A Prioritization of Generic Safety Issues,'' which tracks safety issues until requirements are approved for imposition at licensed plants or until the NRC issues a request for action by licensees

Drug Abuse on College Campuses: Emerging Issues. Issues in Prevention

Science.gov (United States)

Higher Education Center for Alcohol, Drug Abuse, and Violence Prevention, 2012

2012-01-01

This "Issues in Prevention" focuses on emerging issues concerning drug abuse on college campuses. This issue contains the following articles: (1) Drug Abuse Trends; (2) Q&A With Jim Lange; (3) Bath Salts; (4) Refuse to Abuse; (5) Related Federal Resource; and (6) Higher Education Center Resources.

Knowing You, Knowing Me (KYKM): an interactive game to address positive mother-daughter communication and relationships.

Science.gov (United States)

Katsikitis, Mary; Jones, Christian; Muscat, Melody; Crawford, Kate

2014-01-01

This technical report describes an interactive game environment designed to bring mothers and their adolescent daughters together to discuss three issues that have previously been shown in the literature to be of concern to families, as young girls transition from middle childhood to the adolescent years. The game is called Knowing you, Knowing me or KYKM, and is used to help mothers and daughters discuss the following three topics: positive communication skills, relationship building, and managing risky behaviors in the social environment. As the game remains untested, its limitations and future implications of its utility are discussed.

Knowing You, Knowing Me (KYKM: An interactive game to address positive mother-daughter communication and relationships.

Directory of Open Access Journals (Sweden)

Mary eKatsikitis

2014-07-01

Full Text Available This technical report describes an interactive game environment designed to bring mothers and their adolescent daughters together to discuss three issues that have previously been shown in the literature to be of concern to families, as young girls transition from middle childhood to the adolescent years. The game is called Knowing you, Knowing me or KYKM, and is used to help mothers and daughters discuss the following three topics: positive communication skills, relationship building, and managing risky behaviours in the social environment. As the game remains untested, its limitations and future implications of its utility are discussed.

Law n. 13.015/2014: Amendment of Labor Magazine Feature and Possible offenses to Constitutional Principles of Due Process Legal Access to Jurisdiction and Effectiveness

Directory of Open Access Journals (Sweden)

Sérgio Henriques Zandona Freitas

2015-12-01

Full Text Available This scientific article aims to study the reforms undertaken by the Law 13.015/2014 under the proposed amendments to the labor resources of magazines, and a growing demand in the edition of overviews by the Regionals Labors Court. At first, the theoretical basis, we analyze the prospects of the constitutional process model within the framework leveraged as a democratic state. After, it enters to the principle concept of due process of law, the access Jurisdiction and Effectiveness, doing, in a third moment, a brief survey and survey as the main proposals of changes made by Law n. 13.015/2014, demonstrating the likelihood that some provisions of this standard or not contradict principles and constitutional guarantees. Trough the deductive method and the bibliographic research this article has been written from a large conception to a small one. And as technical proceeding were used the theme analysis as a way of looking for a solution for the problem.

Offshore decommissioning issues: deductibility and transferability

Energy Technology Data Exchange (ETDEWEB)

Parente, V.; Santos, M. dos [University of Sao Paulo (Brazil). Instituto de Electrotecnica; Ferreira, D. [State University of Campinas (Brazil). Dept. of Geology and Natural Resources; Luczynski, E. [Grupo de Estudos e Pesquisas Economico-Energeticas, Belem (Brazil)

2006-10-15

Dealing with the decommissioning of petroleum installations is a relatively new challenge to most producer countries. It is natural to expect that industry's experience in building platforms is much greater than the one of dismantling them. Even if manifold and varied efforts are underway towards establishing international ''best practices'' standards in this sector, countries still enjoy rather extensive discretionary power as they practice a particular national style in the regulation of decommissioning activities in their state's jurisdiction. The present paper offers a broad panorama of this discussion, concentrating mainly on two controversial aspects. The first one analyses the ex-ante deductibility of decommissioning costs as they constitute an ex-post expense. The second discussion refers to the assignment of decommissioning responsibility in the case of transfer of exploration and production rights to new lessees during the project's life. Finally the paper applies concepts commonly used in project financing as well as structures generally used in organising pension funds to develop insights into these discussions. (author)

€œLegal Boundaries of Online Advertising"

OpenAIRE

Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

2014-01-01

This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

The Transfer of Property Rights by Theft

DEFF Research Database (Denmark)

Rose, Caspar

2005-01-01

jurisdictions treat this issue differently. The traditional theory suggests that there is a tradeoffbetween the costs of protecting the good and the costs of verifying the ownership. However, asshown, the rule of law concerning this issue significantly affects parties' incentives. Specifically, itis shown...... the ownership when good faith is decisive for the transfer of property rights.JEL Classification: K11, K14 and K42Keywords: property right law, theft, good faith and game theory...

Mixed radioactive- and hazardous waste disposal issues. Joint hearing before the Subcommittees on Nuclear Regulation and Environmental Pollution of the Committee on Environment and Public Works, United States Senate, Ninety-Ninth congress, Second Session on S. 892, March 25, 1986

International Nuclear Information System (INIS)

Anon.

1986-01-01

Representatives of the waste disposal industry, environmental agencies and organizations, and nuclear medicine were among the nine witnesses at a hearing held to discuss S. 892, which clarifies the Environmental Protection Agency (EPA) responsibility for radioactive materials mixed with solid wastes. The witnesses responded to questions about procedures at commercial waste sites to protect public health and safety and about the long-term potential of alternatives to land disposal. At issue were the overlapping jurisdictions of EPA and the Nuclear Regulatory Commission and the validity of traditional self-management in the waste area. Witnesses described how nuclear medicine and other depends upon one disposal site, and their concern that regulations permit the states to proceed with site planning to handle these wastes. The text of S. 892 and additional statements submitted for the record follow the testimony

Seven Issues, Revisited

OpenAIRE

Whitehead, Jim; De Bra, Paul; Grønbæk, Kaj; Larsen, Deena; Legget, John; schraefel, monica m.c.

2002-01-01

It has been 15 years since the original presentation by Frank Halasz at Hypertext'87 on seven issues for the next generation of hypertext systems. These issues are: Search and Query Composites Virtual Structures Computation in/over hypertext network Versioning Collaborative Work Extensibility and Tailorability Since that time, these issues have formed the nucleus of multiple research agendas within the Hypertext community. Befitting this direction-setting role, the issues have been revisited ...

32 CFR 1905.4 - Procedure for production.

Science.gov (United States)

2010-07-01

... determine whether any information or materials may properly be produced in response to the demand, except... entity or person that issued the demand. (c) CIA officials shall consider the following factors, among... GOVERNMENTAL ENTITIES OF COMPETENT JURISDICTION § 1905.4 Procedure for production. (a) Whenever a demand for...

The judicial reception of competition soft law in the Netherlands and the UK

NARCIS (Netherlands)

Georgieva, Zlatina

2016-01-01

The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. A comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial attitudes to soft law

The judicial reception of competition soft law in the Netherlands and the UK

NARCIS (Netherlands)

Georgieva, Zlatina

2015-01-01

The goal of the current work is to delineate national judicial responses to Commission-issued competition soft law within two EU jurisdictions – the UK and the Netherlands. For this purpose, a comparative methodology is adopted and – in terms of theory – several hypotheses of possible judicial

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Science.gov (United States)

2006-09-26

Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Eliminating Federal Court Jurisdiction Where There Is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 542 U.S. 466 (2004). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court In Rasul v. Bush,1 a divided Supreme Court declared that “a state

Testing the Untestable: A Vision Screening Program for Exceptional Children.

Science.gov (United States)

Bishop, Virginia E.; Godolphin, Vivienne

Based on a longitudinal study of vision screening techniques for handicapped children at the Chester County (Pennsylvania) Child Development Center, the paper reports on the development of a battery of effective vision screening methods for children with low functioning handicapped children. Specific tests are described, including the Sheridan…

Legal frameworks for emissions trading in the European Union

Energy Technology Data Exchange (ETDEWEB)

Maeaettae, K.; Anttonen, K. (Univ. of Joensuu (Finland)). Email: kalle.maatta@joensuu.fi; Upston-Hooper, K. (GreenStream Networks, Helsinki (Finland)); Mehling, M. (Univ. of Greifswald (Germany)); Perrels, A. (Government Institute for Economic Research VATT, Helsinki (Finland)), email: adriaan.perrels@vatt.fi

2009-07-01

The project is based on a comparative and pragmatic review of the legal frameworks for implementing the EU Emission Trading Scheme (ETS) in four EU jurisdictions (Finland, Sweden, United Kingdom and Germany). The project does not seek to examine the rationale of utilizing tradable mechanisms nor assess the costs and benefits of doing so. Its primary focus is to undertake a detailed study of the legal realities involved in implementing the EU ETS, particularly those issues of commercial importance such as taxation and accounting rules. The methodology adopted has been to formulate a comprehensive questionnaire (of approximately 70 questions) to be used as the basis of national reports together with a stand alone analysis by VATT, and in turn use the national reports and VATT study as the building blocks of a comparative overview report. The questionnaire seeks to highlight those significant legal and regulatory issues that impact on the establishment of emission allowance trading arrangements within the respective jurisdictions. The comparative analysis of these issues will focus on 'golden threads' of similarity and difference that impact on the establishment of an internal market within the European Union for the trading of emissions allowances. (orig.)

Counterclaim in investment arbitration as an instrument for protection of the environment

Directory of Open Access Journals (Sweden)

Đundić Petar

2014-01-01

Full Text Available The paper considers the possibility for respondent states in investment arbitration to use the counterclaim as an instrument for establishing responsibility of the investor for infringement of the environment. The analysis is directed towards the two most significant obstacles in this regard. The first is the issue of whether the investor has, by commencing arbitration against the host state, consented to the jurisdiction of the arbitral tribunal for issues raised in the counterclaim. The practice of those tribunals shows that the problem is particularly complex with regard to the interpretation of the close connection requirement for admissibility of the counterclaim, i. e. the requirement that there is a connection between the dispute in question and claims raised by the respondent state. Furthermore, apart from the problem of jurisdiction and admissibility of the counterclaim, the respondent state is faced with the potential lack of its normative basis. This is the issue of whether the legal rules applied by the tribunal to the merits of the dispute contain an obligation owed by the investor and whether the infringement of that obligation would constitute a basis for submission of a counterclaim.

Legal frameworks for emissions trading in the European Union

International Nuclear Information System (INIS)

Upston-Hooper, K.; Perrells, A.; Anttonen, K.; Mehling, M.

2007-01-01

The Project is based on a comparative and pragmatic review of the legal frameworks for implementing the EU Emission Trading Scheme (ETS) in four EU jurisdictions (Finland, Sweden, United Kingdom and Germany). The Project does not seek to examine the rationale of utilizing tradable mechanisms nor assess the costs and benefits of doing so. Its primary focus is to undertake a detailed study of the legal realities involved in implementing the EU ETS, particularly those issues of commercial importance such as taxation and accounting rules. The methodology adopted has been to formulate a comprehensive questionnaire (of approximately 70 questions) to be used as the basis of national reports together with a stand alone analysis by VATT, and in turn use the national reports and VATT study as the building blocks of a comparative overview report. The questionnaire seeks to highlight those significant legal and regulatory issues that impact on the establishment of emission allowance trading arrangements within the respective jurisdictions. The comparative analysis of these issues will focus on 'golden threads' of similarity and difference that impact on the establishment of an internal market within the European Union for the trading of emissions allowances. (orig.)

Status of safety issues at licensed power plants: TMI action plan requirements, unresolved safety issues, generic safety issues

International Nuclear Information System (INIS)

1991-12-01

As part of ongoing US Nuclear Regulatory Commission (NRC) efforts to ensure the quality and accountability of safety issue information, a program was established whereby an annual NUREG report would be published on the status of licensee implementation and NRC verification of safety issues in major NRC requirements areas. This information was compiled and reported in three NUREG volumes. Volume 1, published in March 1991, addressed the status of of Three Mile Island (TMI) Action Plan Requirements. Volume 2, published in May 1991, addressed the status of unresolved safety issues (USIs). Volume 3, published in June 1991, addressed the implementation and verification status of generic safety issues (GSIs). This annual NUREG report combines these volumes into a single report and provides updated information as of September 30, 1991. The data contained in these NUREG reports are a product of the NRC's Safety Issues Management System (SIMS) database, which is maintained by the Project Management Staff in the Office of Nuclear Reactor Regulation and by NRC regional personnel. This report is to provide a comprehensive description of the implementation and verification status of TMI Action Plan Requirements, safety issues designated as USIs, and GSIs that have been resolved and involve implementation of an action or actions by licensees. This report makes the information available to other interested parties, including the public. An additional purpose of this NUREG report is to serve as a follow-on to NUREG-0933, ''A Prioritization of Generic Safety Issues,'' which tracks safety issues up until requirements are approved for imposition at licensed plants or until the NRC issues a request for action by licensees

78 FR 28780 - Proposed Flood Elevation Determinations for Beaver County, Pennsylvania (All Jurisdictions)

Science.gov (United States)

2013-05-16

...-2013-0002; Internal Agency Docket No. FEMA-B-1147] Proposed Flood Elevation Determinations for Beaver... proposed rule concerning proposed flood elevation determinations for Beaver County, Pennsylvania (All... Beaver County, Pennsylvania. Because FEMA has or will be issuing a Revised Preliminary Flood Insurance...

Family Issues

Science.gov (United States)

... es Autismo? Family Issues Home / Living with Autism / Family Issues Stress Siblings A child’s autism diagnosis affects every member of the family in different ways. Parents/caregivers must now place their ... may put stress on their marriage, other children, work, finances, and ...

Fort Collins Science Center Ecosystem Dynamics branch--interdisciplinary research for addressing complex natural resource issues across landscapes and time

Science.gov (United States)

Bowen, Zachary H.; Melcher, Cynthia P.; Wilson, Juliette T.

2013-01-01

The Ecosystem Dynamics Branch of the Fort Collins Science Center offers an interdisciplinary team of talented and creative scientists with expertise in biology, botany, ecology, geology, biogeochemistry, physical sciences, geographic information systems, and remote-sensing, for tackling complex questions about natural resources. As demand for natural resources increases, the issues facing natural resource managers, planners, policy makers, industry, and private landowners are increasing in spatial and temporal scope, often involving entire regions, multiple jurisdictions, and long timeframes. Needs for addressing these issues include (1) a better understanding of biotic and abiotic ecosystem components and their complex interactions; (2) the ability to easily monitor, assess, and visualize the spatially complex movements of animals, plants, water, and elements across highly variable landscapes; and (3) the techniques for accurately predicting both immediate and long-term responses of system components to natural and human-caused change. The overall objectives of our research are to provide the knowledge, tools, and techniques needed by the U.S. Department of the Interior, state agencies, and other stakeholders in their endeavors to meet the demand for natural resources while conserving biodiversity and ecosystem services. Ecosystem Dynamics scientists use field and laboratory research, data assimilation, and ecological modeling to understand ecosystem patterns, trends, and mechanistic processes. This information is used to predict the outcomes of changes imposed on species, habitats, landscapes, and climate across spatiotemporal scales. The products we develop include conceptual models to illustrate system structure and processes; regional baseline and integrated assessments; predictive spatial and mathematical models; literature syntheses; and frameworks or protocols for improved ecosystem monitoring, adaptive management, and program evaluation. The descriptions

Falling short: how state laws can address health information exchange barriers and enablers.

Science.gov (United States)

Schmit, Cason D; Wetter, Sarah A; Kash, Bita A

2018-06-01

Research on the implementation of health information exchange (HIE) organizations has identified both positive and negative effects of laws relating to governance, incentives, mandates, sustainability, stakeholder participation, patient engagement, privacy, confidentiality, and security. We fill a substantial research gap by describing whether comprehensive state and territorial HIE legal frameworks address identified legal facilitators and barriers. We used the Westlaw database to identify state and territorial laws relating to HIEs in effect on June 7, 2016 (53 jurisdictions). We blind-coded all laws and addressed coding discrepancies in peer-review meetings. We recorded a consensus code for each law in a master database. We compared 20 HIE legal attributes with identified barriers to and enablers of HIE activity in the literature. Forty-two states, the District of Columbia, and 2 territories have laws relating to HIEs. On average, jurisdictions address 8.32 of the 20 criteria selected in statutes and regulations. Twenty jurisdictions unambiguously address ≤5 criteria in statutes and regulations. None of the significant legal criteria are unambiguously addressed in >60% of the 53 jurisdictions. Laws can be barriers to or enablers of HIEs. However, jurisdictions are not addressing many significant issues identified by researchers. Consequently, there is a substantial risk that existing legal frameworks are not adequately supporting HIEs. The current evidence base is insufficient for comparative assessments or impact rankings of the various factors. However, the detailed Centers for Disease Control and Prevention dataset of HIE laws could enable investigations into the types of laws that promote or impede HIEs.

20 CFR 725.463 - Issues to be resolved at hearing; new issues.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Issues to be resolved at hearing; new issues... OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED Hearings § 725.463 Issues to be resolved at hearing; new issues. (a) Except as otherwise provided in this section, the hearing shall be confined to...

75 FR 21226 - Information Privacy and Innovation in the Internet Economy

Science.gov (United States)

2010-04-23

..., see http://www.export.gov/safeharbor/ . Today, there is a domestic and global reassessment of... affect the cost of doing business? Do jurisdictional issues affect global sales of U.S. companies when... property, business advocacy and export control. This is one in a series of inquiries from the Task Force...

Accountability as a Way Forward for Privacy Protection in the Cloud

Science.gov (United States)

Pearson, Siani; Charlesworth, Andrew

The issue of how to provide appropriate privacy protection for cloud computing is important, and as yet unresolved. In this paper we propose an approach in which procedural and technical solutions are co-designed to demonstrate accountability as a path forward to resolving jurisdictional privacy and security risks within the cloud.

Environmental psychology, Privacy in the workplace (analysis of ...

African Journals Online (AJOL)

Work environment in the organization is one of important issues that is important all the time and the importance of and how to create a conducive environment and efficient human resources is emphasized; An environment with the proper definition of privacy and jurisdiction, can increase the growth and productivity of ...

43 CFR 4.1109 - Service.

Science.gov (United States)

2010-10-01

... Special Rules Applicable to Surface Coal Mining Hearings and Appeals General Provisions § 4.1109 Service.... Department of the Interior, representing OSMRE in the state in which the mining operation at issue is located, and on any other statutory parties specified under § 4.1105 of this part. (2) The jurisdictions...

Indian Treaties: Two Centuries of Dishonor. American Indian Reader: Current Affairs, Volume 5.

Science.gov (United States)

Costo, Rupert; Henry, Jeannette

Today self-determination, economy, tribal jurisdiction, taxation, water and resource rights, and other aspects of American Indian affairs are affected by issues raised through the treaties and agreements made with Indian nations and tribes, and through the executive orders and statutes. Government policy has been influenced by the pressure brought…

77 FR 11157 - Certain Portable Electronic Devices and Related Software; Final Determination Finding No...

Science.gov (United States)

2012-02-24

... investigation). The complaint named Apple Inc. as the Respondent. On October 17, 2011, the ALJ issued his final... Commission has subject matter jurisdiction and that Apple did not contest that the Commission has in rem and... electronic devices and related software. Regarding infringement, the ALJ found that Apple does not infringe...

Transfer Pricing and Intangible Assets in Cross-Border Business Restructurings

OpenAIRE

Pätäri, Heidi Maria

2012-01-01

Transfer pricing can be described as the internal price setting between multinational group companies. In recent years the issue of jurisdiction’s tax revenue flowing out of the jurisdiction has been closely related with transfer pricing and the tax authorities all over the world have increasingly began to question the arm’s length nature of the intra-group transactions of multinational enterprises. In this thesis the focus is on the transfer pricing issues arising in situations w...

Collaborative co-parenting: a comparative study of the legal response to poly-parenting in Canada and the UK

OpenAIRE

Bremner, Phillip

2015-01-01

This socio-legal thesis explores the highly topical and underexplored issue of the legal regulation of gay and lesbian collaborative co-parenting in England & Wales, drawing on British Columbia (Canada) as a jurisdiction where this issue has been considered in more detail. These families involve reproductive collaborations between single or partnered lesbians and gay men where a child is conceived through assisted reproduction and each of the adults remain involved in the child’s life. Collab...

Jurisdictional basics governing the commercial arbitration in Iran

Directory of Open Access Journals (Sweden)

Tahmineh Rahmani

2016-06-01

Full Text Available With the birth and growth of the arbitration phenomena in recent decades, establishment of Court of Arbitration in the form of International Commercial Arbitration Law, international treaties and domestic independent and particular laws by countries, the increasing tendency of traders and businesses to resolve problems through this body gradually leads to excellence of the position of this body and typically coercion and obligation of officials and supporters of this entity to modify or supplement the former rules or ratify new and progressive legislation with broader discretionary limits for arbitrators, so that the establishment and ratification of regulations in form of conventions with membership of many countries has been the result of meeting will of politicians with fortune and tendency of businessmen, merchants and etc. If there is alleged invalidity of the contract, Limits and scope of arbitration referee. This issue calls “competence-competence” principle and we seek to investigate whether the possibility of accepting the competence to judge. It means making decision about competence of referee. Competency of arbitration board is inherent and it is created by law and it is separate from competency of public arbitration. Arbitration ritual theory is differences as a separate method of dispute resolution in international commercial transactions. However, Consistent with the dominance of the national authority on private equity, the entity is located at the foot of the rights of nature into the public law; although, private perspective is dominance.

LA SENTENCIA DEL TRIBUNAL CONSTITUCIONAL 247/2007 Y EL SISTEMA CONSTITUCIONAL DE DISTRIBUCIÓN DE COMPETENCIAS ENTRE EL ESTADO Y LAS COMUNIDADES AUTÓNOMAS

Directory of Open Access Journals (Sweden)

Joaquín Tornos Mas

2008-10-01

Full Text Available The aim of this study is to examine articles 7 to 10 of ruling 247/2007 of theConstitutional Court, in which the role of the Statutes of Autonomy in thedivision of jurisdictions between the Central Government and the AutonomousCommunities is analysed, and the impact that the ruling in this case may haveon the future ruling on the Catalan Statute. To link ruling 247/2007 withthe future ruling on the Catalan Statute, on one side the appellant parties –the Partido Popular and the ombudsman, and the Parliement of Catalonia,on the other, the Constitutional Court makes its arguments regarding theextent to which the Statutes of Autonomy limit its jurisdiction. Public knowledgeof the appellants’ arguments and the Constitutional Court’s decisionregarding this case, which are included in a ruling from previous appealsthat pronounces on many of the issues covered in the mentioned appeals,allows the study to close with a series of considerations about the future rulingof the Constitutional Court on the part of the Catalan Statute relatingto the new model for distribution of jurisdictions.

Climate change collaboration among natural resource management agencies: lessons learned from two US regions

Science.gov (United States)

Lemieux, Christopher J.; Thompson, Jessica; Slocombe, D. Scott; Schuster, Rudy

2015-01-01

It has been argued that regional collaboration can facilitate adaptation to climate change impacts through integrated planning and management. In an attempt to understand the underlying institutional factors that either support or contest this assumption, this paper explores the institutional factors influencing adaptation to climate change at the regional scale, where multiple public land and natural resource management jurisdictions are involved. Insights from two mid-western US case studies reveal that several challenges to collaboration persist and prevent fully integrative multi-jurisdictional adaptation planning at a regional scale. We propose that some of these challenges, such as lack of adequate time, funding and communication channels, be reframed as opportunities to build interdependence, identify issue-linkages and collaboratively explore the nature and extent of organisational trade-offs with respect to regional climate change adaptation efforts. Such a reframing can better facilitate multi-jurisdictional adaptation planning and management of shared biophysical resources generally while simultaneously enhancing organisational capacity to mitigate negative effects and take advantage of potentially favourable future conditions in an era characterised by rapid climate change.

Assisted death and the slippery slope—finding clarity amid advocacy, convergence, and complexity

Science.gov (United States)

Shariff, M.J.

2012-01-01

This paper unpacks the slippery slope argument as it pertains to assisted death. The assisted-death regimes of the Netherlands, Belgium, Luxembourg, Switzerland, and the states of Washington and Oregon are discussed and examined with respect to the slippery slope analytical rubric. In addition to providing a preliminary explanation of how the slippery slope argument has been academically defined and constructed, the paper examines assisted-death models from the perspective of considering what might exist at the top and at the bottom of the slippery slope. It also explores the nature and scope of safeguards implemented to avoid slippage, and shows that what lies at the top and bottom of the slippery slope may be different from jurisdiction to jurisdiction. After identifying some of the recent concerns that have arisen within each of the jurisdictions (concerns that might be viewed by some as evidence of slide), the paper concludes by making note of certain critical issues in the current assisted-death debate that merit deeper examination. PMID:22670093

Queensland's proposed surrogacy legislation: an opportunity for national reform.

Science.gov (United States)

Johnson, Tammy

2010-02-01

Surrogacy has existed since Biblical times when Hagar, the maidservant of the infertile Sarah, acted as a surrogate to bear Sarah and her husband, Abraham, a son. Despite the longevity of the practice of surrogacy, modern society has been reluctant to embrace surrogacy arrangements due to the ethical and sometimes practical debates they spark. This reluctance is evidenced by the general lack of legislative support for surrogacy arrangements in Australia and worldwide. In 2009 it was announced that Queensland will decriminalise altruistic surrogacy. While this decision is a step towards bringing Queensland in line with other Australian jurisdictions, it also has the potential to open up a Pandora's Box of legal and ethical issues. This article provides a snapshot of the anticipated new Queensland surrogacy legislation together with a brief overview of the regulation of surrogacy in all Australian jurisdictions. Recommendations are made as to whether there is a need for further reform of surrogacy regulation in certain Australian jurisdictions and if so, whether the proposed Queensland legislation constitutes an appropriate model on which to base such reform.

A Review of (Elementary) School Self-Assessment Processes: Ontario and Beyond

Science.gov (United States)

Ryan, Thomas G.; Telfer, Leslie

2011-01-01

This review draws attention to issues related to school self-assessment. This process has been similarly implemented in a variety of jurisdictions globally in the past decade hence their inclusion herein as an attempt to understand the school self-assessment process which has also been developed for use in local Ontario (Canadian) elementary…

Did "Endrew F." Change the "A" in FAPE? Questions and Implications for School Psychologists

Science.gov (United States)

O'Brien, Shawn K.

2018-01-01

This past March, the Supreme Court issued a decision, "Endrew F. v. Douglas County School District RE-1," that has the potential to change the definition of "appropriate" in what constitutes a free and appropriate education (FAPE), at least within some U.S. jurisdictions. This article briefly summarizes the ruling, with a focus…

The Issue of Prisoners of War (POWS, 1971 and Recognition of Bangladesh

Directory of Open Access Journals (Sweden)

Ghulam Mustafa

2014-03-01

Full Text Available After the surrender of Pakistan army, near about 93,000 Pakistani military personnel and civilians were taken to India as Prisoners of war (POWs. The UNO Security Council passed a resolution on December 21, 1971 calling upon the parties to observe the Geneva Convention and not to attach any conditions to the repatriation of the POWs. Article 118 of the Geneva Convention (1949 puts it as a condition that Prisoners of War must be repatriated immediately after the cessation of active hostilities. It also stipulates that detaining power is obliged to work out a plan for their repatriation. India declared as an afterthought that Pakistan Army had surrendered to joint command of India and Bangladesh and therefore it was not within the jurisdiction of India to repatriate the prisoners of war at her own. Sheikh Mujib-ur-Rahman, on the other hand, had declared that he would not take part in any meeting, bi-lateral or tri-lateral, unless Bangladesh was recognized by Pakistan. On August 28, 1973 India and Pakistan signed an agreement in Delhi to repatriate 93000 civil and military prisoners of war to Pakistan. Bengalis in Pakistan were to be returned to Bangladesh. Mujib Ur Rahman clung to his demand of trial of 195 war criminals. Bhutto insisted that Pakistan would not recognize Bangladesh until all prisoners of war were released. Recognition of Bangladesh by Pakistan in February 1974 led to rapprochement between the two countries. A tripartite agreement between India-Pakistan-Bangladesh signed in April 1974 resolved all contentious issues related to 1971 war and paved the way for return of 195 war criminals as well. The last batch of prisoners of war reached Lahore in April 1974.

Perceptions of genetic discrimination among people at risk for Huntington?s disease: a cross sectional survey

OpenAIRE

Bombard, Yvonne; Veenstra, Gerry; Friedman, Jan M; Creighton, Susan; Currie, Lauren; Paulsen, Jane S; Bottorff, Joan L; Hayden, Michael R

2009-01-01

Objective To assess the nature and prevalence of genetic discrimination experienced by people at risk for Huntington?s disease who had undergone genetic testing or remained untested. Design Cross sectional, self reported survey. Setting Seven genetics and movement disorders clinics servicing rural and urban communities in Canada. Participants 233 genetically tested and untested asymptomatic people at risk for Huntington?s disease (response rate 80%): 167 underwent testing (83 had the Huntingt...

The AU Model Law on Universal Jurisdiction: An African Response to Western Prosecutions based on the Universality Principle

Directory of Open Access Journals (Sweden)

Angelo Dube

2015-12-01

Full Text Available The African continent has been consistent in placing its concerns regarding the manner in which international criminal justice is administered on the international platform. For the past decade, the continent has minced no words about its misgivings concerning the use of universal jurisdiction (UJ by both foreign States and the International Criminal Court (ICC. The African Union (AU has been very supportive of UJ and its utility in fighting impunity and affording justice to victims of the core crimes of international law, namely, genocide, war crimes and crimes against humanity. Often referred to as core crimes, these are regarded as customary law crimes which are an affront to entire humankind. These crimes were also codified by the Rome Statute of the ICC. However, the political and selective use of the principle of universality by foreign States to prosecute perpetrators of these crimes was seen as causing conflicts and undermining peace efforts, reconciliation and regional stability. As a result the African continent voiced its concerns at various public platforms, including under the auspices of the UN and it therefore called for reforms. This prompted the AU to produce its own model law on UJ, which African States could adapt to their own socio-political circumstances and legal context. The debates that ensued around UJ on the African continent offered African States a chance to contribute to the development of international law, especially on the rules concerning UJ. This paper analyses the interaction amongst African states that eventually led to the development of UJ regulations within their individual legal systems, and tries to determine if there is indeed an African signature in those legal rules.

Analysis of environmental setting, surface-water and groundwater data, and data gaps for the Citizen Potawatomi Nation Tribal Jurisdictional Area, Oklahoma, through 2011

Science.gov (United States)

Andrews, William J.; Harich, Christopher R.; Smith, S. Jerrod; Lewis, Jason M.; Shivers, Molly J.; Seger, Christian H.; Becker, Carol J.

2013-01-01

The Citizen Potawatomi Nation Tribal Jurisdictional Area, consisting of approximately 960 square miles in parts of three counties in central Oklahoma, has an abundance of water resources, being underlain by three principal aquifers (alluvial/terrace, Central Oklahoma, and Vamoosa-Ada), bordered by two major rivers (North Canadian and Canadian), and has several smaller drainages. The Central Oklahoma aquifer (also referred to as the Garber-Wellington aquifer) underlies approximately 3,000 square miles in central Oklahoma in parts of Cleveland, Logan, Lincoln, Oklahoma, and Pottawatomie Counties and much of the tribal jurisdictional area. Water from these aquifers is used for municipal, industrial, commercial, agricultural, and domestic supplies. The approximately 115,000 people living in this area used an estimated 4.41 million gallons of fresh groundwater, 12.12 million gallons of fresh surface water, and 8.15 million gallons of saline groundwater per day in 2005. Approximately 8.48, 2.65, 2.24, 1.55, 0.83, and 0.81 million gallons per day of that water were used for domestic, livestock, commercial, industrial, crop irrigation, and thermoelectric purposes, respectively. Approximately one-third of the water used in 2005 was saline water produced during petroleum production. Future changes in use of freshwater in this area will be affected primarily by changes in population and agricultural practices. Future changes in saline water use will be affected substantially by changes in petroleum production. Parts of the area periodically are subject to flooding and severe droughts that can limit available water resources, particularly during summers, when water use increases and streamflows substantially decrease. Most of the area is characterized by rural types of land cover such as grassland, pasture/hay fields, and deciduous forest, which may limit negative effects on water quality by human activities because of lesser emissions of man-made chemicals on such areas than

Impact of modular training on tobacco control on the knowledge of health workers in two jurisdictions of northern India.

Science.gov (United States)

Goel, S; Singh, R J; Tripathy, J P

2015-01-01

National Tobacco Control Programme was launched in India in year 2007-08. It was realized that community health workers can play an important role of agents for positive change to bring down the tobacco morbidity and mortality in the country. Keeping this in view, a health worker guide was developed by the Government of India, Ministry of Health and Family Welfare (GOI) in collaboration with The Union South-East Asia (The Union) in the year 2010. The guide provides the information needed by the most basic level of health workers to effectively address the problem of tobacco use in the community. A modular training was conducted in two jurisdictions in India (namely, Chandigarh and Hamirpur (Himachal Pradesh)) to assess the usefulness of the guide as training material for community health workers in undertaking tobacco control activities at community and village levels. A total of 271 participants were trained, which included 133 from Chandigarh and 138 from Hamirpur. The pre and post-training assessment of knowledge of health worker was done. There was marked increase in post-test scores as compared to the pretest scores. The health workers scoring more than 60% increased from 40% in the pretest to over 80% in the post-test. Only three workers had a post-test score of less than 30% against 54 workers in the pretest. The understanding on tobacco control had increased significantly after the training in each group. It is strongly recommended that such training should be replicated to all community health workers across all the states in India.

Identifying sexual orientation health disparities in adolescents: analysis of pooled data from the Youth Risk Behavior Survey, 2005 and 2007.

Science.gov (United States)

Mustanski, Brian; Van Wagenen, Aimee; Birkett, Michelle; Eyster, Sandra; Corliss, Heather L

2014-02-01

We studied sexual orientation disparities in health outcomes among US adolescents by pooling multiple Youth Risk Behavior Survey (YRBS) data sets from 2005 and 2007 for 14 jurisdictions. Here we describe the methodology for pooling and analyzing these data sets. Sexual orientation-related items assessed sexual orientation identity, gender of sexual contacts, sexual attractions, and harassment regarding sexual orientation. Wording of items varied across jurisdictions, so we created parallel variables and composite sexual minority variables. We used a variety of statistical approaches to address issues with the analysis of pooled data and to meet the aims of individual articles, which focused on a range of health outcomes and behaviors related to cancer, substance use, sexual health, mental health, violence, and injury.

Wetland mitigation banking for the oil and gas industry: Assessment, conclusions, and recommendations

Energy Technology Data Exchange (ETDEWEB)

Wilkey, P.L.; Sundell, R.C.; Bailey, K.A.; Hayes, D.C.

1994-01-01

Wetland mitigation banks are already in existence in the United States, and the number is increasing. To date, most of these banks have been created and operated for mitigation of impacts arising from highway or commercial development and have not been associated with the oil and gas industry. Argonne National Laboratory evaluated the positive and negative aspects of wetland mitigation banking for the oil and gas industry by examining banks already created for other uses by federal, state, and private entities. Specific issues addressed in this study include (1) the economic, ecological, and technical effectiveness of existing banks; (2) the changing nature of local, state, and federal jurisdiction; and (3) the unique regulatory and jurisdictional problems affecting bank developments associated with the oil and gas industry.

[Criminal implication of sponsoring in medicine: legal ramifactions and recommendations].

Science.gov (United States)

Mahnken, A H; Theilmann, M; Bolenz, M; Günther, R W

2005-08-01

As a consequence of the so-called "Heart-Valve-Affair" in 1994, the German public became aware of the potential criminal significance of industrial sponsoring and third-party financial support in medicine. Since 1997, when the German Anti-Corruption Law came into effect, the penal regulations regarding bribery and benefits for public officers were tightened. Due to the lack of explicit and generally accepted guidelines in combination with regional differences of jurisdiction, there is a lingering uncertainty regarding the criminal aspects of third-party funding and industrial sponsoring. The aim of this review is to summarize the penal and professional implications of third-party funding and sponsoring in medicine including recent aspects of jurisdiction. The currently available recommendations on this issue are introduced.

Criminal implication of sponsoring in medicine: legal ramifactions and recommendations

International Nuclear Information System (INIS)

Mahnken, A.H.; Guenther, R.W.; Theilmann, M.; Bolenz, M.

2005-01-01

As a consequence of the so-called ''Heart-Valve-Affair'' in 1994, the German public became aware of the potential criminal significance of industrial sponsoring and third-party financial support in medicine. Since 1997, when the German Anti-Corruption Law came into effect, the penal regulations regarding bribery and benefits for public officers were tightened. Due to the lack of explicit and generally accepted guidelines in combination with regional differences of jurisdiction, there is a lingering uncertainty regarding the criminal aspects of third-party funding and industrial sponsoring. The aim of this review is to summarize the penal and professional implications of third-party funding and sponsoring in medicine including recent aspects of jurisdiction. The currently available recommendations on this issue are introduced. (orig.)

The Conditions of Movement: A Discussion of Academic Mobility between Two Early Career Scholars

Science.gov (United States)

Gopaul, Bryan; Pifer, Meghan J.

2016-01-01

Academic mobility is an increasingly crucial topic to the current and future dynamics of doctoral study and the professoriate. Much of the research has focused on US, UK and European contexts. This research explores academic mobility and the manifold issues that arise between the jurisdictions of Canada and the US, in ways that parallel and…

32 CFR 584.2 - Family support and child custody.

Science.gov (United States)

2010-07-01

... soldier is unable to show that the court granting the divorce had personal jurisdiction over the soldier... marriage if he or she can show the following: (1) The court issuing the final order of divorce had personal... obligation to support a spouse or children for any reason, the soldier's commander will— (i) Inquire into the...

Environmental control policy change in the EU between ideas and reality; Umweltpolitischer Steuerungswechsel in der EU zwischen Ideen und Realitaet

Energy Technology Data Exchange (ETDEWEB)

Heumader, Katja

2014-07-01

The study on the environmental policy change in the EU covers the following issues: theoretical frame work: the scientific policy debate on political control and governance; boom of ideas: development in the discussion on European environmental policy; discrepancies: the change of political control between intention and realization; case studies: EU policy concerning the enhancement of energy efficiency, the groundwater guideline, waste policy and waste stream priorities, the European emission trading system, access to jurisdiction for environmental issues, the soil protection guideline.

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

OpenAIRE

Mariya Riekkinen

2016-01-01

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

Understanding transmission and distribution pricing options and proposals

International Nuclear Information System (INIS)

Shalaby, A.

1998-01-01

Issues regarding power transmission and distribution pricing were addressed in view of the importance of pricing to electricity restructuring and policy developments. Specific facts, policy directions, options and challenges peculiar to Ontario were highlighted, and recent Ontario legislation affecting the electricity industry was updated. The importance of transmission tariffs to open markets was reviewed with special reference to Canada because of their role in internal restructuring and in gaining fuller access to U.S. markets. The objectives of transmission and distribution pricing, the principles for network pricing, and the range of available options were considered with specific reference to Ontario. In comparing Ontario to other jurisdictions, it was acknowledged that the same problems that plagued other jurisdictions introducing deregulation, are also prominent in Ontario. As has been observed elsewhere, there has been no progress on transmission and distribution pricing options. There are significant implementation and transition challenges waiting for solutions. Issues beyond Ontario, such as trading with the United States, wider reach of the Independent Market Operator, agreements with other IMOs, etc., are still largely unresolved

Integration of generic issues

International Nuclear Information System (INIS)

Thatcher, D.

1989-01-01

The NRC has recognized the need to integrate generic issues (GIs). The GI process includes a number of phases, all of which should recognize the potential for overlap and conflict among related issues. In addition to the issues themselves, other related NRC and industry programs and activities need to be factored into the GI process. Integration has taken place, or is taking place, for a number of GIs. Each case of integration involves a specific set of circumstances and, as a result, the way in which integration proceeds can vary. This paper discusses the integration of issues in the generic issue process and provides a number of examples

Medical Issues: Orthopedics

Science.gov (United States)

... Information Packets Equipment Pool Living With SMA Medical Issues Palliative Breathing Orthopedics Nutrition Equipment Daily Life At ... curesma.org > support & care > living with sma > medical issues > orthopedics Orthopedics In SMA, muscle weakness can cause ...

Medical Issues: Equipment

Science.gov (United States)

... Information Packets Equipment Pool Living With SMA Medical Issues Palliative Breathing Orthopedics Nutrition Equipment Daily Life At ... curesma.org > support & care > living with sma > medical issues > equipment Equipment Individuals with SMA often require a ...

Medical Issues: Breathing

Science.gov (United States)

... Information Packets Equipment Pool Living With SMA Medical Issues Palliative Breathing Orthopedics Nutrition Equipment Daily Life At ... curesma.org > support & care > living with sma > medical issues > breathing Breathing Breathing problems are the most common ...

Space Station Engineering Design Issues

Science.gov (United States)

Mcruer, Duane T.; Boehm, Barry W.; Debra, Daniel B.; Green, C. Cordell; Henry, Richard C.; Maycock, Paul D.; Mcelroy, John H.; Pierce, Chester M.; Stafford, Thomas P.; Young, Laurence R.

1989-01-01

Space Station Freedom topics addressed include: general design issues; issues related to utilization and operations; issues related to systems requirements and design; and management issues relevant to design.

Prioritization of generic safety issues

International Nuclear Information System (INIS)

Emrit, R.; Minners, W.; VanderMolen, H.

1983-12-01

This report presents the priority rankings for generic safety issues related to nuclear power plants. The purpose of these rankings is to assist in the timely and efficient allocation of NRC resources for the resolution of those safety issues that have a significant potential for reducing risk. The report focuses on the prioritization of generic safety issues. Issues primarily concerned with the licensing process or environmental protection and not directly related to safety have been excluded from prioritization. The prioritized issues include: TMI Action Plan items under development; previously proposed issues covered by Task Action Plans, except issues designated at Unresolved Safety Issues (USIs) which had already been assigned high priority; and newly-proposed issues. Future supplements to this report will include the prioritization of additional issues. The safety priority rankings are HIGH, MEDIUM, LOW, and DROP and have been assigned on the basis of risk significance estimates, the ratio of risk to costs and other impacts estimated to result if resolutions of the safety issues were implemented, and the consideration of uncertainties and other quantitative or qualitative factors. To the extent practical, estimates are quantitative

Multinational Population-Based Health Surveys Linked to Outcome Data: An Untapped Resource

Directory of Open Access Journals (Sweden)

Stacey Fisher

2017-04-01

This study provides initial support for the methodological feasibility of pooling linked population health surveys however, challenges introduced by dissimilarities will require the use of innovative methodologies, and discussions regarding how to manage jurisdictional data restrictions and privacy issues are needed. Pooled population health data has the potential to improve national and international health surveillance and public health.

The new radiation protection law. Exposure scenarios and disposal; Das neue Strahlenschutzrecht. Expositionssituationen und Entsorgung

Energy Technology Data Exchange (ETDEWEB)

NONE

2017-07-01

The proceedings of the meeting (October 2017, Hannover) on the new radiation protection law includes abstracts concerning the following sessions: actual development in radiation protection jurisdiction, implementation of the EU basic safety standards (BSS) in Europe, planned exposure scenarios, existing exposure scenarios, emergency exposure situations, final radioactive waste disposal, education, radon, radiation protection issues, statistics, medical radiation exposure.

Tribal-FERST Environmental Issue Profiles

Science.gov (United States)

This page provides links to the 45 issue profiles for Tribal-FERST users, organized with tabs to show issues related to pollutants, environmental media, health effects, other community issues, and all issues.

C-FERST Environmental Issue Profiles

Science.gov (United States)

This page provides links to the 45 issue profiles for C-FERST users, organized with tabs to show issues related to pollutants, environmental media, health effects, other community issues, and all issues.

Issues in Data Labelling

NARCIS (Netherlands)

Cowie, Roddy; Cox, Cate; Martin, Jeam-Claude; Batliner, Anton; Heylen, Dirk K.J.; Karpouzis, Kostas; Cowie, Roddy; Pelachaud, Catherine; Petta, Paolo

2011-01-01

Labelling emotion databases is not a purely technical matter. It is bound up with theoretical issues. Different issues affect labelling of emotional content, labelling of the signs that convey emotion, and labelling of the relevant context. Linked to these are representational issues, involving time

Understanding Pregnancy and Birth Issues

Science.gov (United States)

... Navigation Bar Home Current Issue Past Issues Understanding Pregnancy and Birth Issues Past Issues / Winter 2008 Table ... turn Javascript on. What is a High-Risk Pregnancy? All pregnancies involve a certain degree of risk ...

19 (Special Issue)

African Journals Online (AJOL)

mwakagugu

19 (Special Issue). Tanzania Dental Journal 2017. 1. PRESIDENTS SPEECH AT THE OPENING CEREMONY OF THE TANZANIA DENTAL. ASSOCIATION 31ST SCIENTIFIC CONFERENCE AND .... awareness on oral health issues, high tooth decay, gum diseases and predominant tooth extraction as consistently reported ...

Uranium and nuclear issues

International Nuclear Information System (INIS)

1983-01-01

This seminar focussed on the major issues affecting the future of the entire nuclear fuel cycle. In particular it covered issues bearing on the formation of public policy in relation to the use of uranium as an energy source: economic risk, industrial risks, health effects, site selection, environmental issues, and public acceptance

How compliant are tobacco vendors to india's tobacco control legislation on Ban of advertisments at point of sale? A three jurisdictions review.

Science.gov (United States)

Goel, Sonu; Kumar, Ravinder; Lal, Pranay; Tripathi, Jp; Singh, Rana J; Rathinam, Arul; Christian, Anant

2014-01-01

Section 5 of India's tobacco control legislation "Cigarettes and Other Tobacco Products Act (COTPA), 2003"comprehensively prohibits all kinds of tobacco advertisement, promotion and sponsorship (TAPS), but permits advertisments at the point-of-sale (POS) under certain conditions. This provision has been exploited by the tobacco companies to promote their products. To measure compliance with the provisions of Section 5 of Indian tobacco control legislation (COTPA, 2003) at point of sale. A cross-sectional survey using an observation checklist was conducted in 1860 POS across three jurisdictions (Chennai city, District Vadodara and District Mohali) in India. The most common mode of advertisement of tobacco products was product showcasing (51.1%), followed by dangles (49.6%), stickers (33.8%) and boards (27.1%). More than one fourth of POS were found violating legal provisions for displaying advertisement boards in one or other forms (oversized, extended to full body lenth of POS, displayed brandname/ packshot and promotional messages). Advertisement boards (16.3%) without health warnings were also found and wherever found, more than 90% health warning were not as per the specification in respect to size, font and background color. Point of sale advertising is aggressively used by the tobacco industry to promote their products. There is an urgent need of effective implementation of a comprehensive ban on tobacco product advertisement, promotion and sponsorship at point of sale.

The effect of pharmacogenetic profiling with a clinical decision support tool on healthcare resource utilization and estimated costs in the elderly exposed to polypharmacy.

Science.gov (United States)

Brixner, D; Biltaji, E; Bress, A; Unni, S; Ye, X; Mamiya, T; Ashcraft, K; Biskupiak, J

2016-01-01

To compare healthcare resource utilization (HRU) and clinical decision-making for elderly patients based on cytochrome P450 (CYP) pharmacogenetic testing and the use of a comprehensive medication management clinical decision support tool (CDST), to a cohort of similar non-tested patients. An observational study compared a prospective cohort of patients ≥65 years subjected to pharmacogenetic testing to a propensity score (PS) matched historical cohort of untested patients in a claims database. Patients had a prescribed medication or dose change of at least one of 61 oral drugs or combinations of ≥3 drugs at enrollment. Four-month HRU outcomes examined included hospitalizations, emergency department (ED) and outpatient visits and provider acceptance of test recommendations. Costs were estimated using national data sources. There were 205 tested patients PS matched to 820 untested patients. Hospitalization rate was 9.8% in the tested group vs. 16.1% in the untested group (RR = 0.61, 95% CI = 0.39-0.95, p = 0.027), ED visit rate was 4.4% in the tested group vs. 15.4% in the untested group (RR = 0.29, 95% CI = 0.15-0.55, p = 0.0002) and outpatient visit rate was 71.7% in the tested group vs. 36.5% in the untested group (RR = 1.97, 95% CI = 1.74-2.23, p provider majority (95%) considered the test helpful and 46% followed CDST provided recommendations. Patients CYP DNA tested and treated according to the personalized prescribing system had a significant decrease in hospitalizations and emergency department visits, resulting in potential cost savings. Providers had a high satisfaction rate with the clinical utility of the system and followed recommendations when appropriate.

The normalization heuristic: an untested hypothesis that may misguide medical decisions.

Science.gov (United States)

Aberegg, Scott K; O'Brien, James M

2009-06-01

Medical practice is increasingly informed by the evidence from randomized controlled trials. When such evidence is not available, clinical hypotheses based on pathophysiological reasoning and common sense guide clinical decision making. One commonly utilized general clinical hypothesis is the assumption that normalizing abnormal laboratory values and physiological parameters will lead to improved patient outcomes. We refer to the general use of this clinical hypothesis to guide medical therapeutics as the "normalization heuristic". In this paper, we operationally define this heuristic and discuss its limitations as a rule of thumb for clinical decision making. We review historical and contemporaneous examples of normalization practices as empirical evidence for the normalization heuristic and to highlight its frailty as a guide for clinical decision making.

Untested assumptions: psychological research and credibility assessment in legal decision-making

Directory of Open Access Journals (Sweden)

Jane Herlihy

2015-05-01

Full Text Available Background: Trauma survivors often have to negotiate legal systems such as refugee status determination or the criminal justice system. Methods & results: We outline and discuss the contribution which research on trauma and related psychological processes can make to two particular areas of law where complex and difficult legal decisions must be made: in claims for refugee and humanitarian protection, and in reporting and prosecuting sexual assault in the criminal justice system. Conclusion: There is a breadth of psychological knowledge that, if correctly applied, would limit the inappropriate reliance on assumptions and myth in legal decision-making in these settings. Specific recommendations are made for further study.

Research Findings on Neurolinguistic Programming: Nonsupportive Data or an Untestable Theory?

Science.gov (United States)

Sharpley, Christopher F.

1987-01-01

Examines the experimental literature on neurolinguistic programming (NLP). Sharpley (l984) and Einspruch and Forman (l985) concluded that the effectiveness of this therapy was yet to be demonstrated. Presents data from seven recent studies that further question the basic tenets of NLP and their application in counseling situations. (Author/KS)

Self governance and band policy issues

International Nuclear Information System (INIS)

Twinn, C.M.; Henderson, M.J.; Thomas, K.A.

1998-01-01

Prior to the colonization of North America, First Nations were self-governing sovereign nations, with their own traditions, history and culture. While it is not correct to speak of First Nations in general, it is correct to say that all First Nations have the common experience of dispossession from their lands and displacement of their traditional governments. The various treaties over the centuries, but most particularly the recognition and entrenchment of aboriginal and treaty rights in the Constitution of 1982 are steps towards rectifying the wrongs suffered by First Nations during colonial times. The recognition of aboriginal treaty rights has resulted in a significant shift in Canadian law and politics as First Nations are increasingly asserting greater jurisdiction over their lands and resources. This paper presents a historical perspective of the Indian Act Governmental System and discusses recent developments in native land claim settlements and the importance for industry and First Nations to establish a relationship based on trust. The Nisga'a settlement is used as an example of the increased autonomy of First Nations. Once ratified, the Nisga'a will have ownership of forestry and subsurface resources. The province will retain full ownership and regulatory authority over water. 19 refs

Global Trends in Civic and Citizenship Education: What are the Lessons for Nation States?

Directory of Open Access Journals (Sweden)

Kerry J. Kennedy

2012-06-01

Full Text Available Civic and citizenship education is a component of the school curriculum in all nation states. The form it takes, its purposes and the way in which it is implemented differs from jurisdiction to jurisdiction. The pressures of globalization in recent times have meant that citizenship has increasingly come to be seen in global terms brought about by processes such as transnational migration, the homogenization of cultural practices and the development of supranational groupings that often seem to challenge more local versions of citizenship. Despite these pressures, the key responsibility for citizenship continues to rest with nation states. This paper will review issues relating to a more globalized citizenship and outline the strategies that nation states might adopt to ensure they remain capable of creating an active and engaged citizenship.

Criminal implication of sponsoring in medicine: legal ramifactions and recommendations; Strafrechtliche Bedeutung des Sponsorings in der Medizin: Gesetzliche Rahmenbedingungen und Handlungsempfehlungen

Energy Technology Data Exchange (ETDEWEB)

Mahnken, A.H.; Guenther, R.W. [Klinik fuer Radiologische Diagnostik, Universitaetsklinikum Aachen (Germany); Theilmann, M. [Rechtsanwalt Martin Theilmann, Osnabrueck (Germany); Bolenz, M. [Fakultaet Wirtschafts- und Sozialwissenschaften, Fachhochschule Osnabrueck (Germany)

2005-08-01

As a consequence of the so-called ''Heart-Valve-Affair'' in 1994, the German public became aware of the potential criminal significance of industrial sponsoring and third-party financial support in medicine. Since 1997, when the German Anti-Corruption Law came into effect, the penal regulations regarding bribery and benefits for public officers were tightened. Due to the lack of explicit and generally accepted guidelines in combination with regional differences of jurisdiction, there is a lingering uncertainty regarding the criminal aspects of third-party funding and industrial sponsoring. The aim of this review is to summarize the penal and professional implications of third-party funding and sponsoring in medicine including recent aspects of jurisdiction. The currently available recommendations on this issue are introduced. (orig.)

Navigating "Thorny" Issues

Science.gov (United States)

Hutchinson, Kashema; Gilbert, Aderinsola; Malyukova, Anna

2016-01-01

In their article "Mindfulness and discussing 'thorny' issues in the classroom" Konstantinos Alexakos et al. ("Cult Stud Sci Educ," 2016. doi: 10.1007/s11422-015-9718-0) describe "thorny" issues as "difficult topics to discuss because they are more personal to some perhaps even cause pain and violence." As…

Beyond fun runs and fruit bowls: an evaluation of the meso-level processes that shaped the Australian Healthy Workers Initiative.

Science.gov (United States)

Grunseit, Anne C; Rowbotham, Samantha; Pescud, Melanie; Indig, Devon; Wutzke, Sonia

2016-02-01

Issue addressed The Australian National Partnership Agreement on Preventive Health (NPAPH) charged states and territories with the development and implementation of the Healthy Workers Initiative (HWI) to improve workplace health promotion. Most evaluation efforts focus on the setting (micro) level. In the present study the HWI at the meso-level (state program development) was examined to understand how jurisdictions navigated theoretical, practical, and political priorities to develop their programs, and the programmatic choices that support or hinder perceived success. Methods Interviews with HWI program coordinators and managers across seven Australian jurisdictions explored decision-making processes related to developing and implementing the HWI and the impact of defunding. Interviews were audio-recorded, transcribed and analysed using thematic analysis. Results Despite taking a variety of approaches to the HWI, jurisdictions had common goals, namely achieving sustainability and capacity for meaningful change. These goals transcended the performance indicators set out by the NPAPH, which were considered unachievable in the given timeframe. Four ways jurisdictions sought to achieve their goals were identified, these were: 1) taking an embedded approach to workplace health promotion; 2) ensuring relevance of the HWI to businesses; 3) engaging in collaborative partnerships with agencies responsible for implementation; and 4) cultivating evolution of the HWI. Conclusions This meso-level evaluation has provided valuable insights into how health promotion program coordinators translate broad, national-level initiatives into state-specific programs and how they define program success. The study findings also highlight how broader, contextual factors, such as jurisdiction size, political imperatives and funding decisions impact on the implementation and success of a national health promotion initiative. So what? When evaluating the translation of complex initiatives, a

Volume 8 Issue 2

Directory of Open Access Journals (Sweden)

Karen Nelson

2017-06-01

Full Text Available This issue is our third Students, Transitions, Achievement, Retention and Success (STARS Conference special issue held in July this year in Adelaide, Australia.   As is customary, this issue of the journal publishes the top research papers selected via a peer review process and the top Emerging Initiatives selected by the Conference Committee.    We are delighted to feature in this special  issue —Reflections on Student Persistence—prepared by Advisory Board member Professor Vincent Tinto, Distinguished University Professor Emeritus at Syracuse University, USA.  Vincent is a long-time friend and supporter of STARS and its predecessor FYHE Conferences and Journal.   In his article, Vincent explores the case for motivation to be considered as a significant aspect of the tertiary student psyche by drawing on theoretical frameworks, research and practical experiences related to the issue.

Environmental issues and wastes

International Nuclear Information System (INIS)

Mitamura, Hisayoshi; Banba, Tsunetaka; Maeda, Toshikatsu; Ishiyama, Takashi

1999-08-01

All countries in the world are concerned about environmental issues because of their global effects. Developed industrial nations are also confronted with waste issues accompanied by mass production, mass consumption, and mass dump. We have reviewed books and reports to obtain a preliminary knowledge and to understand the trend of technology development before we start R and D for 'environmental monitoring, and environmental remediation and protection'. We lay great emphasis on municipal and industrial wastes in environmental issues and summarize the history of the earth, innovative environmental approaches in advanced nations, waste issues in Japan, and examples of technology development for environmental remediation and protection. (author)

Current issues and actions

Energy Technology Data Exchange (ETDEWEB)

Black, D.G.

1995-06-01

This section of the 1994 Hanford Site Environmental Report summarizes the progress that has been made toward achieving full regulatory compliance at the Hanford Site. Ongoing compliance self-assessments, implementation of the Tri-Party Agreement, and public meetings continue to identify environmental compliance issues. These issues are discussed openly with the regulatory agencies and with the public to ensure that all environmental compliance issues are addressed.

Current issues and actions

International Nuclear Information System (INIS)

Black, D.G.

1995-01-01

This section of the 1994 Hanford Site Environmental Report summarizes the progress that has been made toward achieving full regulatory compliance at the Hanford Site. Ongoing compliance self-assessments, implementation of the Tri-Party Agreement, and public meetings continue to identify environmental compliance issues. These issues are discussed openly with the regulatory agencies and with the public to ensure that all environmental compliance issues are addressed

Report on the Observance of Standards and Codes, Accounting and Auditing : Module B - Institutional Framework for Corporate Financial Reporting, B.1 Commercial Enterprises (including SMEs)

OpenAIRE

World Bank

2017-01-01

The purpose of this report is to gain an understanding of the general financial reporting and audit requirements for commercial enterprises in a jurisdiction as established by law or other regulation (for example, companies’ act). Commercial enterprises are defined as companies established with a profit-making objective that do not issue equity and debt on a public exchange, are not financ...

Site acceptability and power availability: needed institutional changes

International Nuclear Information System (INIS)

Haggard, J.E.

1975-01-01

Timely assurance of power plant site availability is threatened by institutional inabilities to resolve often competing environmental/energy requirements. Institutional changes are needed. The issue of site approval should be separated from that of plant approval. A ''one-stop'' forum for site approval, modeled after Washington State's Thermal Power Plant Siting Act, is needed. The one-stop process utilizes one forum composed of officials drawn from all agencies involved in site related issues. A joint Federal/State Siting Council, with sole jurisdiction over site approval, is recommended. The State Council would have a determinative vote on all issues not otherwise preempted by federal legislation. 21 references. (U.S.)

Editorial, Volume 5, Issue 1

Directory of Open Access Journals (Sweden)

Kristy L. Archuleta

2014-08-01

Full Text Available Welcome to Volume 5, Issue 1 of the Journal of Financial Therapy! In this issue, four scholarly papers are presented along with two profiles and a book review. These four papers address very important issues, such as mental health therapists’ competency in working with financial issues, financial stress of college students, parental messages about money, and financial advice media.

The U.S. Food and Drug Administration should solidify the legal basis for its authority over reproductive cloning.

Science.gov (United States)

Siegel, Bernard; Friede, Arnold I

2013-12-01

The promise and potential of stem cell research is apparent. However, ethical questions still linger. There is as yet no consensus in the U.S. Congress on how to address the issue of reproductive cloning and media confusion of this and the quite separate issue of therapeutic cloning inhibits therapeutic advance. This paper outlines the need for the FDA to undertake a deliberate process, with input from all stakeholders, to authoritatively establish its jurisdiction over human reproductive cloning so as to foster the life-saving potential of therapeutic cloning.

Research ethics in Canada: experience of a group operating a human embryo and fetal tissue bank.

Science.gov (United States)

Milos, N; Bamforth, S; Bagnall, K

1999-04-01

A Canadian research group is establishing a human embryo and fetal tissue bank. Its purpose is to provide researchers with frozen or fixed tissue specimens for use in protein and gene expression studies. Several legal and ethical issues have arisen, including questions about consent, use of these rare tissues, cost recovery, and profit-making. These issues are discussed here in light of the present lack of legislation in Canada. We make recommendations in these areas, and suggest that the bank's operations could legally fall under the jurisdiction of the Human Tissue Gift Act.

Legislative framework affecting First Nations and resource development

International Nuclear Information System (INIS)

Maclean, M.

1998-01-01

In its Delgamuukw decision (released December 1997), the Supreme Court of Canada has given a clear direction to the Crown and First Nations to negotiate rather than litigate outstanding claims within the province of British Columbia. This paper describes the practical implications which the Delgamuukw decision will have for resource development on lands located within the traditional territories of Aboriginal people, reviews constitutional and jurisdictional issues, and discusses issues such as reserve lands in British Columbia, including the nature of reserve interest, tax considerations, the surrender of reserve lands, and provincial regulation on reserve lands

Protecting children from toxic chemicals: putting it on Australia's public health agenda.

Science.gov (United States)

Lantz, Sarah

2013-11-01

The high volume and widespread use of industrial chemicals, the backlog of internationally untested chemicals, the uptake of synthetic chemicals found in babies in utero, cord blood, and in breast milk, and the lack of a unified and comprehensive regulatory framework all necessitate developing policies that protect the most vulnerable in our society - our children. Australia's failure to do so raises profound intergenerational ethical issues. This article tells a story of international policy, and where Australia is falling down. It demonstrates that we can learn from countries already taking critical steps to reduce the toxic chemical exposure, and that the development of a comprehensive, child-centered chemical regulation framework is central to turning around Australia's failure.

Facilitators and Challenges in Psychosocial Adaptation to Being at Increased Familial Risk of Breast Cancer.

Science.gov (United States)

Heiniger, Louise; Price, Melanie A; Charles, Margaret; Butow, Phyllis N

2015-12-01

Little is known about the process of psychosocial adaptation to familial risk in tested and untested individuals at increased familial risk of cancer. This paper presents findings from a qualitative study of 36 women participating in the Kathleen Cuningham Consortium for Research into Familial Breast cancer (kConFab) Psychosocial study. Facilitators and challenges in psychosocial adaptation were identified through semi-structured interviews. The women, who were either tested (carriers or non-carriers of breast cancer susceptibility mutations) or untested (ineligible for testing or eligible but delayed or declined testing), described personal, support network and healthcare characteristics that impacted on the adaptation process. Challenges in one domain could be overcome by facilitators in other domains and key differences relating to whether women had undergone testing, or not, were identified. Tested and untested women with an increased familial risk of breast cancer may benefit from support tailored to their mutation testing status in order to enhance adaptation.

Political Jurisdiction Area

Data.gov (United States)

Earth Data Analysis Center, University of New Mexico — The National Flood Hazard Layer (NFHL) data incorporates all Digital Flood Insurance Rate Map(DFIRM) databases published by FEMA, and any Letters Of Map Revision...

Political Jurisdiction Boundary

Data.gov (United States)

Earth Data Analysis Center, University of New Mexico — The National Flood Hazard Layer (NFHL) data incorporates all Digital Flood Insurance Rate Map(DFIRM) databases published by FEMA, and any Letters Of Map Revision...

Some issues regarding regulatory policy, political participation, and social implications of geothermal resource development in the Imperial Valley

Energy Technology Data Exchange (ETDEWEB)

Green, P.S.; Steinberger, M.F.

1976-02-01

The early stages of geothermal resource development in the Imperial Valley have been characterized by an emphasis on the technological expertise of private developers and government officials. Government officials have created a complex array of Federal, state and county regulations to monitor the development. Local control is under the jurisdiction of the Imperial County government. The County has as its responsibility the protection of the general welfare of its residents, including any potentially adverse social, economic, or environmental impacts caused by geothermal resource development. Private developers and government officials are interested in the resources as a source of water desalination and electric power generation. An assessment of the interests and concerns of the public was made early in the development stage. In view of all these interests, it is essential in a democratic society that the various interests be identified so government can be representative of, and responsive to, those interests. Therefore, the four issues discussed in the paper are: (1) regulatory problems faced by local government officials in determining the course of development; (2) the social and political context in which the development is taking place; (3) the potential of geothermal development as perceived by community leaders and local government officials; and (4) the desirability of expanding citizen participation in geothermal decision-makingduring a period in which, as public opinion polls indicated, many citizens feel separated from government actions which may significantly affect their lives. Recommendations for regulations of geothermal resources and recommendations for improving public input into geothermal regulation are summarized in depth. (MCW)

PRINCIPIOS DE COMPETENCIA JUDICIAL INTERNACIONAL Y DE PROTECCIÓN DEL MEDIO AMBIENTE Principles of international jurisdiction and environmental protection

Directory of Open Access Journals (Sweden)

Pía Moscoso Restovic

2011-01-01

Full Text Available ¿Como se resuelve el problema de la objetivación del vínculo de conexión cuando intervienen daños civiles y daños ambientales? Es decir, ¿podemos sostener que el fuero "lugar del hecho dañoso" puede determinarse con independencia de los sujetos que intervienen? ¿Es relevante el principio favor laesi en los casos de daño ambiental? Proponemos abordar estos problemas desde la relación que existe entre los principios de Competencia Judicial Civil Internacional y los principios de protección del medioambiente. Así, advertiremos que la mayor o menor extensión del fuero "lugar del hecho dañoso", adquiere connotaciones especiales si interpretamos armónicamente los principios de competencia judicial internacional y los principios de protección internacional del medio ambiente. En efecto, la política de protección ambiental, constituye un "valor superior del ordenamiento", y por tanto incide directamente en el juicio razonabilidad que el juez debe realizar sobre el vínculo de conexión. Si bien abordamos el problema desde la experiencia europea, las conclusiones tendrán validez universal.How to solve the problem of objectivity in the link between the court and the action, when engaging civil damages and environmental damages? In other words ¿ can we argue that the place of the harmful event can be determined independently of the persons involved? ¿Is favor Iaesi principle relevant in cases of environmental damage? We propose analyze those problems through the connections between International Civil Jurisdiction principles and environmental protection principles. In fact, environmental protection policy constitutes a "superior value". Therefore it affects directly the judge opinion about the connection link. Our approach is European, but the findings have universal validity.

A prioritization of generic safety issues

International Nuclear Information System (INIS)

Emrit, R.; Riggs, R.; Milstead, W.; Pittman, J.

1991-07-01

This report presents the priority rankings for generic safety issues and related to nuclear power plants. The purpose of these rankings is to assist in the timely and efficient allocation of NRC resources for the resolution of those safety issues that have a significant potential for reducing risk. The report focuses on the prioritization of generic safety issues. Issues primarily concerned with the licensing process or environmental protection and not directly related to safety have been excluded from prioritization. The prioritized issues include: TMI Action Plan items under development; previously proposed issues covered by Task Action Plans, except issues designated as Un-resolved Safety Issues (USIs) which had already been assigned high priority; and newly-proposed issues. Future supplements to this report will include the prioritization of additional issues. The safety priority rankings are High, Medium, Low, and Drop and have been assigned on the basis of risk significance estimates, the ratio of risk to costs and other impacts estimated to result if resolutions of the safety issues were implemented, and the consideration of uncertainties and other quantitative or qualitative factors. To the extent practical, estimates are quantitative. 1310 refs

Aviation Safety Issues Database

Science.gov (United States)

Morello, Samuel A.; Ricks, Wendell R.

2009-01-01

The aviation safety issues database was instrumental in the refinement and substantiation of the National Aviation Safety Strategic Plan (NASSP). The issues database is a comprehensive set of issues from an extremely broad base of aviation functions, personnel, and vehicle categories, both nationally and internationally. Several aviation safety stakeholders such as the Commercial Aviation Safety Team (CAST) have already used the database. This broader interest was the genesis to making the database publically accessible and writing this report.

International filiation in the new Civil and Commercial Code of Argentina

Directory of Open Access Journals (Sweden)

Luciana BEATRIZ SCOTTI

2015-07-01

Full Text Available The Argentine Private International Law omitted from yesteryear, legislate on international filiation, both in relation to jurisdiction and applicable law in matters of contesting paternity, establishment and recognition of parentage as regards the extraterritorial recognition of parental filiation. Indeed, given the particularities of this issue, the responses from our discipline were delayed. The Argentina did not have regulation of internal source, and conventional rules are scarce and inadequate for today.In comparative law and in a wide sector of the national and foreign doctrine, the tendency is to adopt a connecting element focused on the child: his domicile or habitual residence, with some nuances of different interpretation and potential accumulation of laws. Also on jurisdiction, we note a clear orientation towards the opening of forums available.In the present work, we try to provide some guidelines for coding this sensitive issue, which involves primarily the human rights of children, with special consideration the provisions of the recently adopted Civil and Commercial Code of Argentina, and the current context in which the techniques of assisted human reproduction claim a starring role, with serious and concrete effects on Private International Law.

Definition of containment issues

International Nuclear Information System (INIS)

Walker, D.H.

1982-01-01

Public Law 96-567 Nuclear Safety Research, Development and Demonstration Act of 1980, directed the US Department of Energy (DOE) to provide an accelerated and coordinated program for developing practical generic improvements that would enhance the capability for safe, reliable and economical operation of Light Water Nuclear Reactor Power Stations. The DOE approach to defining such a program will consist of two phases, (1) definition of program requirements and (2) implementation of the program plan. This paper summarizes the results of the program definition phase for the containment integrity function. The definition phase effort was carried out by two groups of knowledgeable technical experts from the nuclear industry, one of which addressed containment integrity. Tabulated in the paper are the issues identified by the working groups and their associated priorities. Also tabulated are those high priority issues for which ongoing programs do not appear to provide sufficient information to resolve the issue. The results of this review show that existing programs to a great extent address existing issues in a manner such that the issues should be resolved by the programs

Special Issue to publish

OpenAIRE

Kllogjeri, Pellumb

2015-01-01

SciencePG has offered an email poster to help collect papers for our Special Issue and I have uploaded it for you. Please visit http://www.sciencepublishinggroup.com/specialissue/149002  to see our Special Issue announcement. Now, you can do the followings to personally contribute and promote our Special Issue:1. Submit your paper related to the topics of interest 2. Upload it to your personal websites.3. Upload it to the public websites of some universities and academic institutions...

Miscellaneous issues

International Nuclear Information System (INIS)

2002-01-01

The New Brunswick Market Design Committee has examined several issues regarding the restructuring of the province's electricity sector. This report presents issues that require guidance for implementation, with particular focus on options available for their resolutions. The issues include: (1) rate principles for stranded offer service (SOS) supply, (2) the ability of contestable customers to return to SOS after having left it, (3) whether loads embedded in distribution systems are eligible to participate in the bilateral contract market, (4) whether generators or suppliers can offer capacity and energy to SOS suppliers in competition with the SOS supplier, and (5) details for the balancing market, including pricing, bidding protocols, settlements and how intermittent power sources can participate in the market. A section on pricing for SOS explains pricing principles, the use of export profits, pricing for SOS capacity, and time of use pricing. The Committee has made recommendations for the electricity system in the province to have an energy imbalance service that can move towards a market in order to develop an efficient and effective service. This report also explains pricing in the balancing market, penalties, and settlements. 7 refs

Research Article Special Issue

African Journals Online (AJOL)

2016-05-15

May 15, 2016 ... Near-fault earthquake issue is almost a new issue in earthquake engineering. ... although those countries had advanced regulations for seismic design of ... allocating the plastic joints according to development guideline and ...

26 CFR 1.1273-2 - Determination of issue price and issue date.

Science.gov (United States)

2010-04-01

... (a), money includes functional currency and, in certain circumstances, nonfunctional currency. See § 1.988-2(b)(2) for circumstances when nonfunctional currency is treated as money rather than as... debt instruments in the issue is sold for money. (b) Publicly traded debt instruments issued for...

Health Issues and Treatments

Science.gov (United States)

... About Us Information For… Media Policy Makers Health Issues & Treatments Language: English (US) Español (Spanish) Recommend on ... people with spina bifida are exactly alike. Health issues and treatments for people with spina bifida will ...

Recommendation for a National Standard for Tactical Emergency Casualty Care and Israeli Hospital Trauma Protocols in the United States

Science.gov (United States)

2015-06-01

Joint Surgery, and the Journal Orthopedic & Sports Physical Therapy (March 2014): 23, http://sites.jbjs.org/ittakesateam/2014/report.pdf 338...Joint Surgery, and the Journal Orthopedic & Sports Physical Therapy (March 2014). http://sites.jbjs.org/ittakesateam/2014/report.pdf Jangi, Sushrut...populations such as pediatric and geriatric patients, scope of practice, and liability issues. A select few other jurisdictions in the nation have followed

The Challenges of First-in-Human Stem Cell Clinical Trials: What Does This Mean for Ethics and Institutional Review Boards?

Directory of Open Access Journals (Sweden)

Roger A. Barker

2018-05-01

Full Text Available Stem cell-based clinical interventions are increasingly advancing through preclinical testing and approaching clinical trials. The complexity and diversity of these approaches, and the confusion created by unproven and untested stem cell-based “therapies,” create a growing need for a more comprehensive review of these early-stage human trials to ensure they place the patients at minimal risk of adverse events but are also based on solid evidence of preclinical efficacy with a clear scientific rationale for that effect. To address this issue and supplement the independent review process, especially that of the ethics and institutional review boards who may not be experts in stem cell biology, the International Society for Stem Cell Research (ISSCR has developed a set of practical questions to cover the major issues for which clear evidence-based answers need to be obtained before approving a stem cell-based trial. Keywords: human stem cell-derived interventions, early phase clinical trials, institutional review and ethics boards, review process, guidelines

The Challenges of First-in-Human Stem Cell Clinical Trials: What Does This Mean for Ethics and Institutional Review Boards?

Science.gov (United States)

Barker, Roger A; Carpenter, Melissa K; Forbes, Stuart; Goldman, Steven A; Jamieson, Catriona; Murry, Charles E; Takahashi, Jun; Weir, Gordon

2018-05-08

Stem cell-based clinical interventions are increasingly advancing through preclinical testing and approaching clinical trials. The complexity and diversity of these approaches, and the confusion created by unproven and untested stem cell-based "therapies," create a growing need for a more comprehensive review of these early-stage human trials to ensure they place the patients at minimal risk of adverse events but are also based on solid evidence of preclinical efficacy with a clear scientific rationale for that effect. To address this issue and supplement the independent review process, especially that of the ethics and institutional review boards who may not be experts in stem cell biology, the International Society for Stem Cell Research (ISSCR) has developed a set of practical questions to cover the major issues for which clear evidence-based answers need to be obtained before approving a stem cell-based trial. Copyright © 2018 The Authors. Published by Elsevier Inc. All rights reserved.

Top-Ten IT Issues: 2009

Science.gov (United States)

Agee, Anne Scrivener; Yang, Catherine

2009-01-01

This article presents the top-ten IT-related issues in terms of strategic importance to the institution, as revealed by the tenth annual EDUCAUSE Current Issues Survey. These IT-related issues include: (1) Funding IT; (2) Administrative/ERP Information Systems; (3) Security; (4) Infrastructure/Cyberinfrastructure; (5) Teaching and Learning with…

Future accelerators: physics issues

International Nuclear Information System (INIS)

Bjorken, J.D.

1977-11-01

High energy physics of the future using future accelerators is discussed. The proposed machines and instruments, physics issues and opportunities including brief sketches of outstanding recent results, and the way the proposed machines address these issues are considered. 42 references

Policy issues in modern cartography

CERN Document Server

Taylor, DRF

1998-01-01

Policy Issues in Modern Cartography contains the views of national mapping agencies, legal scholars, the library community, the private sector and academia on these and many other important issues. The book begins with perspectives from national mapping agencies in Britain, Canada and the United States followed by a survey of the situation in Asia. The next three chapters deal primarily with legal issues such as copyright and intellectual property from both North American and European perspectives. Chapter 8 presents an important perspective on the key issues by a representative of the privat

5 CFR 511.607 - Nonappealable issues.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Nonappealable issues. 511.607 Section 511... UNDER THE GENERAL SCHEDULE Classification Appeals § 511.607 Nonappealable issues. (a) The following issues are not appealable to the Office under this subpart. Such issues may be reviewed under...

Issue Mapping for an Ageing Europe

NARCIS (Netherlands)

Rogers, R.; Sánchez-Querubín, N.; Kil, A.

2015-01-01

Issue Mapping for an Ageing Europe is a seminal guide to mapping social and political issues with digital methods. The issue at stake concerns the imminent crisis of an ageing Europe and its impact on the contemporary welfare state. The book brings together three leading approaches to issue mapping:

Education Studies: Issues & Critical Perspectives

Science.gov (United States)

Kassem, Derek; Mufti, Emmanuel; Robinson, John

2006-01-01

This major text for Education Studies students provides a critical account of key issues in education today. The text features: (1) A critical analysis of key issues in Education Studies to encourage students' thinking about education in the broadest terms; (2) Themed sections with introductions to link the issues discussed in each chapter; (3)…

Children's Literature: An Issues Approach.

Science.gov (United States)

Rudman, Masha Kabakow

Meant as a reference and guide to critical evaluation of the way issues are treated in children's books, each of the nine chapters in this book can be used independently. Each chapter contains a discussion of an issue, a section that relates how particular books handle that issue, at least two suggestions for activities that teachers can use to…

Hunger and Development [Issue Packet].

Science.gov (United States)

American Freedom from Hunger Foundation, Washington, DC.

A variety of informational materials is compiled in this issue packet concentrating on hunger and development. They have been assembled to understand the issues associated with the facts of world hunger and to try to invent new forms of action and thought necessary to find the possibilities hidden in the hunger issue. Items include: (1) a fact and…

20 CFR 410.646 - Consolidated issues.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Consolidated issues. 410.646 Section 410.646..., Finality of Decisions, and Representation of Parties § 410.646 Consolidated issues. When one or more additional issues are raised by the Administrative Law Judge pursuant to § 410.637, such issues may, in the...

Identifying and managing risk in international construction projects

Directory of Open Access Journals (Sweden)

Sachin Kerur

2012-04-01

Full Text Available Over the last decade, major construction projects have increasingly arisen in countries or regions that lack specialist, expert construction contractors, suppliers and consultants. Steps are being taken by governments in the Middle East, Eastern Europe, China, India and developing markets to address national infrastructure deficits, and by so doing, are creating new regions of booming construction demand. When coupled with anaemic growth in developed markets such as the United Kingdom, the USA and Western Europe, foreign markets present attractive opportunities to the global construction industry. However, foreign markets are littered with the cautionary tales of international contractors and consultants that have failed to grasp the intricacies and risks of operating in a new environment and have failed to capitalise on the opportunities available. By identifying the classes of risks, and undertaking detailed analysis, ranking and mitigation of relevant jurisdictional risks, participants in international construction projects will increase the likelihood of project success and commercial longevity in the new jurisdiction. Risk identification and assessment is not a science but an art, and while there are many potential approaches to the issue, we propose that our strategies for identifying, assessing, ranking and mitigating jurisdictional risks offer new international players a good chance of commercial success.

An international nanoscience advisory board to improve and harmonize nanotechnology oversight

International Nuclear Information System (INIS)

Marchant, Gary E.; White, Andrew

2011-01-01

As governments around the world begin to implement regulations aimed at controlling nanotechnology, those regulations should be based upon the best available science, applied as consistently as possible within jurisdictions and, to the extent feasible, across jurisdictions. These goals would be easier to achieve with the creation of an international nanoscience advisory board. Such a body could be modeled on similar international scientific advisory bodies for other issues, such as the Intergovernmental Panel on Climate Change (IPCC) and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. Such a body should also take into account lessons learned from these similar organizations. An international nanoscience advisory board could assist regulatory bodies by providing a central source of accurate scientific information about the risks and benefits of nanotechnology, including relevant uncertainties, rather than having each regulatory body make these determinations independently. An international nanoscience advisory board could facilitate harmonization within and between jurisdictions by involving the top experts in the field to produce a centralized knowledge base for regulatory decisions. While an international nanoscience advisory board presents many potential benefits, it also faces significant difficulties, which are best illustrated by examining the history and challenges of existing international science advisory bodies.

12 CFR 16.8 - Small issues.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Small issues. 16.8 Section 16.8 Banks and....8 Small issues. (a) The OCC will deem offers and sales of bank issued securities that satisfy the requirements of Commission Regulation A (17 CFR part 230, Regulation A—Conditional Small Issues Exemption) to...

Issues engulfed Saudi Arabia construction workers

Science.gov (United States)

Al-Emad, N. H.; Rahman, I. A.

2018-04-01

This paper presents an exploratory study conducted in Makkah city to uncover issues faced by construction workers from the construction leaders’ perspective. Eleven construction leaders/experts were interviewed to unleash their experiences on handling the foreign workers working in Makkah construction projects. Most of the experts are senior management staffs with more than 10 years’ working experience in Saudi Arabia construction industry. The interviews were carried out in semi structured mode where all the information was captured manually and also electronically. The identified issues were sorted based on its commonality into 10 clusters. Hence in each cluster, the numbers of issue considered by the experts are reflecting the importance of that particular cluster. The result of the clusters according to the number of issues mentioned by the experts are safety issues, restricted government regulation, demotivated issues, lack of quality workers, poor living quality, communication barriers, adaption issues, poor attitudes, lack of logistical arrangements and lack of education. With these identified issues it will assist the construction players in the construction industry of Saudi Arabia in dealing with their workers.

The Impact of Positive and Negative Affect and Issue Framing on Issue Interpretation and Risk Taking.

Science.gov (United States)

Mittal; Ross

1998-12-01

Two studies examined the influence of transient affective states and issue framing on issue interpretation and risk taking within the context of strategic decision making. In Study 1, participants in whom transient positive or negative affective states were induced by reading a short story showed systematic differences in issue interpretation and risk taking in a strategic decision making context. Compared to negative mood participants, those in a positive mood were more likely to interpret the strategic issue as an opportunity and displayed lower levels of risk taking. Study 2 replicated and extended these results by crossing affective states with threat and opportunity frames. Results showed that framing an issue (as a threat or an opportunity) had a stronger impact on issue interpretation among negative affect participants than among positive affect participants. Affective states also moderated the impact of issue framing on risk taking: the effect of framing on risk-taking was stronger under negative rather than positive affect. These results are interpreted via information-processing and motivational effects of affect on a decision maker. Copyright 1998 Academic Press.

Nuclear safety - Topical issues

International Nuclear Information System (INIS)

1995-01-01

The following topical issues related to nuclear safety are discussed: steam generators; maintenance strategies; control rod drive nozzle cracks; core shrouds cracks; sump strainer blockage; fire protection; computer software important for safety; safety during shutdown; operational safety experience; external hazards and other site related issues. 5 figs, 5 tabs

Poverty + Hunger = Global Issues.

Science.gov (United States)

Schwartz, Richard H.

1983-01-01

Geography teachers can use mathematics to teach fourth, fifth, and sixth grade students about critical global issues. Five sample problems concerning population, poverty, waste, the arms race, and hunger are presented. The global issue related to each problem is discussed, and the solution and mathematical skill are provided. (RM)

Severe accident issue resolution -- definition and perspective

International Nuclear Information System (INIS)

Harper, F.T.

1995-01-01

The purpose of this discussion is to introduce the session on the Progress on the Resolution of Severe Accident Issues. There has been much work in the area of resolution of severe accident issues over the past few years. This work has been focused on those issues most important to risk as assessed by comprehensive studies such as NUREG-1150. In particular, issues associated with early containment failure have been analyzed. These efforts to resolve issues have been hampered by the fact that open-quotes issue resolutionclose quotes has not always been well defined. The term open-quotes issue resolutionclose quotes conjures tip different images for the regulator, the accident analyst, the physicist, and the probabalist. In fact it is common to have as many different images of issue resolution as there are people in the room. This issue is complicated by the fact that the uncertainty in severe accident issues is enormous. (When convolved, the quantitative uncertainty in an integrated analysis due to severe accident issues can span several orders of magnitude.) In this summary, hierarchy is presented in an attempt to add some perspective to the resolution of issues in the face of large uncertainties. Recommendations are also made for analysts communicating in the area of issue resolution

Development of nuclear safety issues program

Energy Technology Data Exchange (ETDEWEB)

Cho, J. C.; Yoo, S. O.; Yoon, Y. K.; Kim, H. J.; Jeong, M. J.; Noh, K. W.; Kang, D. K

2006-12-15

The nuclear safety issues are defined as the cases which affect the design and operation safety of nuclear power plants and also require the resolution action. The nuclear safety issues program (NSIP) which deals with the overall procedural requirements for the nuclear safety issues management process is developed, in accordance with the request of the scientific resolution researches and the establishment/application of the nuclear safety issues management system for the nuclear power plants under design, construction or operation. The NSIP consists of the following 4 steps; - Step 1 : Collection of candidates for nuclear safety issues - Step 2 : Identification of nuclear safety issues - Step 3 : Categorization and resolution of nuclear safety issues - Step 4 : Implementation, verification and closure The NSIP will be applied to the management directives of KINS related to the nuclear safety issues. Through the identification of the nuclear safety issues which may be related to the potential for accident/incidents at operating nuclear power plants either directly or indirectly, followed by performance of regulatory researches to resolve the safety issues, it will be possible to prevent occurrence of accidents/incidents as well as to cope with unexpected accidents/incidents by analyzing the root causes timely and scientifically and by establishing the proper flow-up or remedied regulatory actions. Moreover, the identification and resolution of the safety issues related to the new nuclear power plants completed at the design stage are also expected to make the new reactor licensing reviews effective and efficient as well as to make the possibility of accidents/incidents occurrence minimize. Therefore, the NSIP developed in this study is expected to contribute for the enhancement of the safety of nuclear power plants.

Development of nuclear safety issues program

International Nuclear Information System (INIS)

Cho, J. C.; Yoo, S. O.; Yoon, Y. K.; Kim, H. J.; Jeong, M. J.; Noh, K. W.; Kang, D. K.

2006-12-01

The nuclear safety issues are defined as the cases which affect the design and operation safety of nuclear power plants and also require the resolution action. The nuclear safety issues program (NSIP) which deals with the overall procedural requirements for the nuclear safety issues management process is developed, in accordance with the request of the scientific resolution researches and the establishment/application of the nuclear safety issues management system for the nuclear power plants under design, construction or operation. The NSIP consists of the following 4 steps; - Step 1 : Collection of candidates for nuclear safety issues - Step 2 : Identification of nuclear safety issues - Step 3 : Categorization and resolution of nuclear safety issues - Step 4 : Implementation, verification and closure The NSIP will be applied to the management directives of KINS related to the nuclear safety issues. Through the identification of the nuclear safety issues which may be related to the potential for accident/incidents at operating nuclear power plants either directly or indirectly, followed by performance of regulatory researches to resolve the safety issues, it will be possible to prevent occurrence of accidents/incidents as well as to cope with unexpected accidents/incidents by analyzing the root causes timely and scientifically and by establishing the proper flow-up or remedied regulatory actions. Moreover, the identification and resolution of the safety issues related to the new nuclear power plants completed at the design stage are also expected to make the new reactor licensing reviews effective and efficient as well as to make the possibility of accidents/incidents occurrence minimize. Therefore, the NSIP developed in this study is expected to contribute for the enhancement of the safety of nuclear power plants

Interpretation of Issues and Voter Decision-Making Strategies: A New Perspective on "Issue-Oriented" Election Coverage.

Science.gov (United States)

Domke, David; Shah, Dhavan V.

1995-01-01

Finds that voters who ascribed an ethical interpretation to issues were more likely to use a noncompensatory decision-making strategy, which focuses on one or two key issues in the decision-making process, than voters who ascribed a societal interpretation to issues. (SR)

Nonparametric Bounds and Sensitivity Analysis of Treatment Effects

Science.gov (United States)

Richardson, Amy; Hudgens, Michael G.; Gilbert, Peter B.; Fine, Jason P.

2015-01-01

This paper considers conducting inference about the effect of a treatment (or exposure) on an outcome of interest. In the ideal setting where treatment is assigned randomly, under certain assumptions the treatment effect is identifiable from the observable data and inference is straightforward. However, in other settings such as observational studies or randomized trials with noncompliance, the treatment effect is no longer identifiable without relying on untestable assumptions. Nonetheless, the observable data often do provide some information about the effect of treatment, that is, the parameter of interest is partially identifiable. Two approaches are often employed in this setting: (i) bounds are derived for the treatment effect under minimal assumptions, or (ii) additional untestable assumptions are invoked that render the treatment effect identifiable and then sensitivity analysis is conducted to assess how inference about the treatment effect changes as the untestable assumptions are varied. Approaches (i) and (ii) are considered in various settings, including assessing principal strata effects, direct and indirect effects and effects of time-varying exposures. Methods for drawing formal inference about partially identified parameters are also discussed. PMID:25663743

Should high risk patients with Hodgkin's disease be singled out for heavier therapeutic regimens while low risk patients are spared such therapies?

Science.gov (United States)

Reece, D

1995-01-01

In order to optimize the use of intensive therapy and autologous transplantation in patients with progressive Hodgkin's disease, we have examined the outcome of our initial 100 patients entered into autograft studies between 1985 and 1992. At a median follow-up of 3.6 (range 1.6-8.2) years, the actuarial progression free survival (PFS) was 46% (95% confidence intervals 33%-57%). The most significant determinant of PFS was the disease status at the time of protocol entry. Patients entered into transplant studies at the time of first untested relapse had a PFS of 61% compared with 38% in those who had failed induction chemotherapy, 25% in patients treated in > or = second untested relapse and 0% in those in a chemoresistant relapse. The reasons for failure differed, however, in that a high non-relapse mortality was seen in the > or = second untested relapse and resistant relapse groups while a high probability of relapse was observed in the induction failures and resistant relapse group. The most obvious group to target with more intensive therapeutic regimens consists of patients who have failed induction chemotherapy.

U.S. NRC's generic issues program

International Nuclear Information System (INIS)

Kauffman, J.V.; Foster, J.W.

2008-01-01

The United States Nuclear Regulatory Commission (NRC) has a Generic Issues Program (GIP) to address Generic Issues (GI). A GI is defined as 'a regulatory matter involving the design, construction, operation, or decommissioning of several, or a class of, NRC licensees or certificate holders that is not sufficiently addressed by existing rules, guidance, or programs'. This rather legalistic definition has several practical corollaries: First, a GI must involve safety. Second, the issue must involve at least two plants, or it would be a plant-specific issue rather than a GI. Third, the potential safety question must not be covered by existing regulations and guidance (compliance). Thus, the effect of a GI is to potentially change the body of regulations and associated guidance (e.g., regulatory guides). The GIP was started in 1976, thus it is a relatively mature program. Approximately 850 issues have been processed by the program to date. More importantly, even after 30 years, new GIs continue to be proposed. The entire set of Generic Issues (GIs) is updated annually in NUREG-0933, 'A Prioritization of Generic Safety Issues'. GIs normally involve complex questions of safety and regulation. Efficient and effective means of addressing these issues are very important for regulatory effectiveness. If an issue proves to pose a genuine, significant safety question, then swift, effective, enforceable, and cost-effective action needs to be taken. Conversely, if an issue is of little safety significance, the issue should be dismissed in an expeditious manner, avoiding unnecessary expenditure of resources and regulatory burden or uncertainty. This paper provides a summary of the 5-stage program, from identification through the regulatory assessment stage. The paper also includes a discussion of the program's seven criteria, sources of proposed GIs, recent improvements, publicly available information, historical performance, and status of current GIs. (authors)

Prediction of resource volumes at untested locations using simple local prediction models

Science.gov (United States)

Attanasi, E.D.; Coburn, T.C.; Freeman, P.A.

2006-01-01

This paper shows how local spatial nonparametric prediction models can be applied to estimate volumes of recoverable gas resources at individual undrilled sites, at multiple sites on a regional scale, and to compute confidence bounds for regional volumes based on the distribution of those estimates. An approach that combines cross-validation, the jackknife, and bootstrap procedures is used to accomplish this task. Simulation experiments show that cross-validation can be applied beneficially to select an appropriate prediction model. The cross-validation procedure worked well for a wide range of different states of nature and levels of information. Jackknife procedures are used to compute individual prediction estimation errors at undrilled locations. The jackknife replicates also are used with a bootstrap resampling procedure to compute confidence bounds for the total volume. The method was applied to data (partitioned into a training set and target set) from the Devonian Antrim Shale continuous-type gas play in the Michigan Basin in Otsego County, Michigan. The analysis showed that the model estimate of total recoverable volumes at prediction sites is within 4 percent of the total observed volume. The model predictions also provide frequency distributions of the cell volumes at the production unit scale. Such distributions are the basis for subsequent economic analyses. ?? Springer Science+Business Media, LLC 2007.