WorldWideScience

Sample records for law and order

  1. Views on the Law on the Maintenance of Order

    Directory of Open Access Journals (Sweden)

    Ercüment SARIAY

    2015-12-01

    Full Text Available In the history of Turkish democracy, Law On The Maintenance Of Order owns a distinguished place. When considered the political nature of the period in whichthe law was enacted, the developments before and after this law in the democratization process in Turkey, have led to major breaks, political management approach has turned into a one-party rule without opposition. When viewed from a historical perspective on Law On The Maintenance Of Order ,different approaches seem emerge. These approaches, in general terms, reflect the ideological perspective. Avoiding from the ideological approaches, the present study attempts to unearth the influnces of Law On The Maintenance Of Order over the history of democracy and the politcal understanding of theera.

  2. Establishing Law and Order After Conflict

    Science.gov (United States)

    2005-01-01

    capable of responding to high-risk circumstances. One specific special police unit is a canine unit composed of 35 men and 25 dogs. In 2003, about one... raged out of control for a period. ORHA and the CPA responded by rapidly recalling Iraqi police personnel to assist with basic law and order, with mixed

  3. Service order execution procedure (in terms of labour law

    Directory of Open Access Journals (Sweden)

    Ana VIDAT

    2015-06-01

    Full Text Available From the perspective of labor law, it is understood that the execution of the order of service, the essence of labor discipline, has in principle lawful purpose and, consequently, can not attract liability. It requires, however, the regulation mechanism by which theoretical assertions regarding order execution service materializes from a procedural standpoint.

  4. 16 CFR 460.23 - Other laws, rules, and orders.

    Science.gov (United States)

    2010-01-01

    ... Desist Order applies to you but differs from the rules given here, you can petition to amend to order. (b) State and local laws and regulations that are inconsistent with, or frustrate the purposes of, the provisions of this regulation are preempted. However, a State or local government may petition the Commission...

  5. Law enforcement and the project of descent of the symbolic order

    Directory of Open Access Journals (Sweden)

    Aldacy Rachid Coutinho

    2017-06-01

    Full Text Available This article deals with the registration of the symbolic force of the law, regardless the verification of their effectiveness. The labor law reveals in his regulatory frameworks the correlation of forces of capital and labor in society and thus is exemplary for establishing the existence of laws that have no effect in changing the reality. The recognition that the state creates laws that are not observed and that it is not intended to be fulfilled, does not put away the presence of the authority by violence that establish a symbolic order.

  6. 29 CFR 801.67 - Decision and Order of Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Decision and Order of Administrative Law Judge. 801.67 Section 801.67 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Administrative Proceedings...

  7. Reviewing the National Courts in Creating Orderly International Law and Community

    Directory of Open Access Journals (Sweden)

    Johanis Leatemia

    2017-08-01

    Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

  8. The Equivalence between (AB)[dagger] = B[dagger]A[dagger] and Other Mixed-Type Reverse-Order Laws

    Science.gov (United States)

    Tian, Yongge

    2006-01-01

    The standard reverse-order law for the Moore-Penrose inverse of a matrix product is (AB)[dagger] = B[dagger]A[dagger]. The purpose of this article is to give a set of equivalences of this reverse-order law and other mixed-type reverse-order laws for the Moore-Penrose inverse of matrix products.

  9. Waves, conservation laws and symmetries of a third-order nonlinear ...

    African Journals Online (AJOL)

    order is under consideration. Important properties concerning advanced character such like conservation laws and the equation of continuity are given. Characteristic wave properties such like dispersion relations and both the group and phase ...

  10. Structural Obstacles against Order of Law in Safavid Iran

    Directory of Open Access Journals (Sweden)

    Hamid Ebadollahi

    2010-04-01

    Full Text Available While focusing on the teleological matters, most of the studies about the roots of disorder and anarchy in Iran attempt to explain the “present” obstacles against order of law; the present study aims to analyze the structural-historical conditions affecting the “possibility and impossibility of the order of law in Iran”. In the former studies, “Iran’s history” is inversely applied in order to explain the present situation of society. Instead of interpreting the determining social structures in the history, such studies attempts to understand “contemporary Iran”. Furthermore, applying comparative-fundamentalist method, they base their analysis on the economic or political conditions of the matter. However, the present study claims that the general theory of social transformation –either the Marxian or Weberian- -that is produced approaching western medieval societies- could not explain roots of disorder and anarchy in Iran. Instead, applying a structuralist model, and focusing on “articulation” in analysis, the present study aims to explore the historical obstacles against the order of law in the history of Iran (rather than western medieval history. Thus, it claims that the main root of “disorder in the history of Iran” is the governing system of political, martial, and economic management in Iran.

  11. Laws on Sex Discrimination in Employment. Federal Civil Rights Act, Title VII State Fair Employment Practices Laws, Executive Orders.

    Science.gov (United States)

    Women's Bureau (DOL), Washington, DC.

    This report describes the applicable laws regarding sex discrimination in employment. In addition to Federal law and two relevant Executive Orders, the report includes 21 state laws and the District of Columbia's law prohibiting discrimination based on sex. This document is a revision of ED 014 611. (BH)

  12. 29 CFR 1980.109 - Decision and orders of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... review by the administrative law judge, and a complaint may not be remanded for the completion of an... 29 Labor 9 2010-07-01 2010-07-01 false Decision and orders of the administrative law judge. 1980... SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF THE SARBANES...

  13. Legal order and the principles of law: Case of the Republic of Slovenia

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Bojan Tičar

    2012-12-01

    Full Text Available In this article author defines law a system of rules and principles that regulate, within the boundaries of legal regularity, the vitally important external conduct and behavior of the subjects in a state-organized society. In this context he upgrades rethinking of law with definition of legal order. A legal system or legal order author see as an integrated whole of the hierarchically regulated principles of law, rules, and general legal acts which apply in a certain country, are published, and enter into effect from a certain date following adoption. In central part of the article author explains the case of legal regulation in Slovenia. He describes which legal acts are adopted in Slovenia and how is it done in the context of EU regulation. Author concludes the article with an idea that legal theoreticians have still not agreed on a uniform definition of the essence of law. Author thinks that law can be understood instrumentally. Instrumental law is a tool prescribed in advance which is composed of rules that are suitable for preventing and resolving conflicts between subjects in society.

  14. 76 FR 80387 - Renewal of Agency Information Collection for Law and Order on Indian Reservations-Marriage...

    Science.gov (United States)

    2011-12-23

    ... Law and Order on Indian Reservations--Marriage & Dissolution Applications; Request for Comments... ``Law and Order on Indian Reservations--Marriage & Dissolution Applications.'' The information... personal information necessary for a Court of Indian Offenses to issue a marriage license or dissolve a...

  15. Law and Order or Global Disorder

    Directory of Open Access Journals (Sweden)

    Bidzina SAVANELI

    2013-08-01

    Full Text Available Substantial problem of Humankind is at the junction of Philosophy, Sociology and Jurisprudence. Based on my attempt to harmonize philosophies of Kant, Hegel and Husserl, and studies of famous legal scholars Bentham, Ostin, Holmes, Kelsen, Ehrlich, Reinach, Hart, Llevellin, Kardozo, David, Dworkin, Rawls concerning the problems of public law, private law, comparative law, justice, human rights, post-modernism, and Georgian philosophical, sociological and legal traditions since XII century, I discovered a synergetic model of dialectical, spiral, evolutionary and mutual transformation of irrationalism and rationalism as the effective method of conflicts prevention and peacefully resolution at the International, Regional, National and Local levels under the auspice of Bill of Human Rights.

  16. Law, order and plunder at sea

    DEFF Research Database (Denmark)

    Heebøll-Holm, Thomas

    2017-01-01

    This article addresses the management of maritime plunder and conflict in the waters of England and France in the fourteenth century. It argues that during this century a fundamental change occurred. Around 1300, maritime conflict was handled by recourse to the strictly civil law merchant and law...... for the criminalisation of private maritime conflict....

  17. Conformal conservation laws for second-order scalar fields

    International Nuclear Information System (INIS)

    Blakeskee, J.S.; Logan, J.D.

    1976-01-01

    It is considered an action integral over space-time whose Lagrangian depends upon a scalar field an upon derivatives of the field function up to second order. From invariance identities obtained by the authors in an earlier work it is shown how a new proof of Noether's theorem for this second-order problem follows in the multiple integral case. Finally, conservation laws are written down in the case that the given action integral be invariant under the fifteen-parameter special conformal group

  18. Second order limit laws for occupation times of the fractional Brownian motion

    OpenAIRE

    Xu, Fangjun

    2013-01-01

    We prove second order limit laws for (additive) functionals of the $d$-dimensional fractional Brownian motion with Hurst index $H=\\frac{1}{d}$, using the method of moments, extending the Kallianpur-Robbins law.

  19. Symmetries and conservation laws for a sixth-order Boussinesq equation

    International Nuclear Information System (INIS)

    Recio, E.; Gandarias, M.L.; Bruzón, M.S.

    2016-01-01

    This paper considers a generalization depending on an arbitrary function f(u) of a sixth-order Boussinesq equation which arises in shallow water waves theory. Interestingly, this equation admits a Hamiltonian formulation when written as a system. A classification of point symmetries and conservation laws in terms of the function f(u) is presented for both, the generalized Boussinesq equation and the equivalent Hamiltonian system.

  20. Order Statistics and Benford's Law

    Directory of Open Access Journals (Sweden)

    Steven J. Miller

    2008-01-01

    whether or not the distribution of the digits of all the unnormalized differences converges to Benford's law, shifted exponential behavior, or oscillates between the two, and show that the Pareto distribution leads to oscillating behavior.

  1. 25 CFR 900.50 - What Federal laws, regulations, and Executive Orders apply to subcontractors?

    Science.gov (United States)

    2010-04-01

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

  2. Order Without Intellectual Property Law: Open Science in Influenza.

    Science.gov (United States)

    Kapczynski, Amy

    Today, intellectual property (IP) scholars accept that IP as an approach to information production has serious limits. But what lies beyond IP? A new literature on "intellectual production without IP" (or "IP without IP") has emerged to explore this question, but its examples and explanations have yet to convince skeptics. This Article reorients this new literature via a study of a hard case: a global influenza virus-sharing network that has for decades produced critically important information goods, at significant expense, and in a loose-knit group--all without recourse to IP. I analyze the Network as an example of "open science," a mode of information production that differs strikingly from conventional IP, and yet that successfully produces important scientific goods in response to social need. The theory and example developed here refute the most powerful criticisms of the emerging "IP without IP" literature, and provide a stronger foundation for this important new field. Even where capital costs are high, creation without IP can be reasonably effective in social terms, if it can link sources of funding to reputational and evaluative feedback loops like those that characterize open science. It can also be sustained over time, even by loose-knit groups and where the stakes are high, because organizations and other forms of law can help to stabilize cooperation. I also show that contract law is well suited to modes of information production that rely upon a "supply side" rather than "demand side" model. In its most important instances, "order without IP" is not order without governance, nor order without law. Recognizing this can help us better ground this new field, and better study and support forms of knowledge production that deserve our attention, and that sometimes sustain our very lives.

  3. Populism, Law and Order and the Crimes of the 1%

    Directory of Open Access Journals (Sweden)

    Russell Hogg

    2013-04-01

    Full Text Available The article examines the evidence of endemic financial crime in the global financial crisis (GFC, the legal impunity surrounding these crimes and the popular revolt against these abuses in the financial, political and legal systems. This is set against a consideration of the development since the 1970s of a conservative politics championing de-regulation, unfettered markets, welfare cuts and harsh law and order policies. On the one hand, this led to massively increased inequality and concentrations of wealth and political power in the hands of the super-rich, effectively placing them above the law, as the GFC revealed. On the other, a greatly enlarged, more punitive criminal justice system was directed at poor and minority communities. Explanations in terms of the rise of penal populism are helpful in explaining these developments, but it is argued they adopt a limited and reductionist view of populism, failing to see the prospects for a progressive populist politics to re-direct political attention to issues of inequality and corporate and white collar criminality.

  4. The order for enforcing the law on indemnity agreement for compensation of nuclear damage

    International Nuclear Information System (INIS)

    1977-01-01

    The states to be specified by the cabinet order stipulated in Item 2, Article 3 to the Law on Indemmity Agreement for Compensation of Nuclear Damage (hereinafter referred to as the Law) are the states meeting the following requirements. There are no violation of the stipulations according to the specified articles of the Law for the Regulation of Nuclear Source Materials, Nuclear Fuel Materials and Reactors, no damage of the facilities provided for the operation of reactors and others, and no natural calamity or no action of third parties which become the causes for the occurrence of nuclear damage. The nuclear damage to be specified according to the cabinet order stipulated in No. 5, Article 3 of the Law is the one caused by tidal waves. The indemnification rate stipulated in Article 6 of the Law to be decided by the cabinet order is 5/10000 (and 2.5/10000 regarding the indemnification contract with universities or colleges). Atomic energy entrepreneurs should notify the specified items to the Government with reference to the indemnification contracts concerning the operation of reactors, fabrication, reprocessing, use and transportation of nuclear fuel materials or matters contaminated by nuclear fuel materials

  5. Entropy Viscosity Method for High-Order Approximations of Conservation Laws

    KAUST Repository

    Guermond, J. L.

    2010-09-17

    A stabilization technique for conservation laws is presented. It introduces in the governing equations a nonlinear dissipation function of the residual of the associated entropy equation and bounded from above by a first order viscous term. Different two-dimensional test cases are simulated - a 2D Burgers problem, the "KPP rotating wave" and the Euler system - using high order methods: spectral elements or Fourier expansions. Details on the tuning of the parameters controlling the entropy viscosity are given. © 2011 Springer.

  6. Entropy Viscosity Method for High-Order Approximations of Conservation Laws

    KAUST Repository

    Guermond, J. L.; Pasquetti, R.

    2010-01-01

    A stabilization technique for conservation laws is presented. It introduces in the governing equations a nonlinear dissipation function of the residual of the associated entropy equation and bounded from above by a first order viscous term. Different two-dimensional test cases are simulated - a 2D Burgers problem, the "KPP rotating wave" and the Euler system - using high order methods: spectral elements or Fourier expansions. Details on the tuning of the parameters controlling the entropy viscosity are given. © 2011 Springer.

  7. Analytical and numerical treatment of the heat conduction equation obtained via time-fractional distributed-order heat conduction law

    Science.gov (United States)

    Želi, Velibor; Zorica, Dušan

    2018-02-01

    Generalization of the heat conduction equation is obtained by considering the system of equations consisting of the energy balance equation and fractional-order constitutive heat conduction law, assumed in the form of the distributed-order Cattaneo type. The Cauchy problem for system of energy balance equation and constitutive heat conduction law is treated analytically through Fourier and Laplace integral transform methods, as well as numerically by the method of finite differences through Adams-Bashforth and Grünwald-Letnikov schemes for approximation derivatives in temporal domain and leap frog scheme for spatial derivatives. Numerical examples, showing time evolution of temperature and heat flux spatial profiles, demonstrate applicability and good agreement of both methods in cases of multi-term and power-type distributed-order heat conduction laws.

  8. Lie symmetry analysis and conservation laws for the time fractional fourth-order evolution equation

    Directory of Open Access Journals (Sweden)

    Wang Li

    2017-06-01

    Full Text Available In this paper, we study Lie symmetry analysis and conservation laws for the time fractional nonlinear fourth-order evolution equation. Using the method of Lie point symmetry, we provide the associated vector fields, and derive the similarity reductions of the equation, respectively. The method can be applied wisely and efficiently to get the reduced fractional ordinary differential equations based on the similarity reductions. Finally, by using the nonlinear self-adjointness method and Riemann-Liouville time-fractional derivative operator as well as Euler-Lagrange operator, the conservation laws of the equation are obtained.

  9. The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

    OpenAIRE

    Mak, C.

    2009-01-01

    This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is submitted that the further harmonisation of European contract law may contribute to the definition of the European constitutional order both on the institutional level (regarding the forms in which Eur...

  10. Brief Highlights of Major Federal Laws and Order on Sex Discrimination in Employment.

    Science.gov (United States)

    Employment Standards Administration (DOL), Washington, DC. Women's Bureau.

    The following laws and order are explained in this pamphlet: (1) Equal Pay Act of 1963 (concerns prohibiting employers from paying workers of one sex less than workers of the other sex for equal work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions), (2) Title VII of the Civil…

  11. 16 CFR 5.63 - Evidence; transcript; in camera orders; proposed findings of fact and conclusions of law.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Evidence; transcript; in camera orders; proposed findings of fact and conclusions of law. 5.63 Section 5.63 Commercial Practices FEDERAL TRADE... findings of fact and conclusions of law. Sections 3.43, 3.44, 3.45, and 3.46 of the Commission's Rules of...

  12. Power law-based local search in spider monkey optimisation for lower order system modelling

    Science.gov (United States)

    Sharma, Ajay; Sharma, Harish; Bhargava, Annapurna; Sharma, Nirmala

    2017-01-01

    The nature-inspired algorithms (NIAs) have shown efficiency to solve many complex real-world optimisation problems. The efficiency of NIAs is measured by their ability to find adequate results within a reasonable amount of time, rather than an ability to guarantee the optimal solution. This paper presents a solution for lower order system modelling using spider monkey optimisation (SMO) algorithm to obtain a better approximation for lower order systems and reflects almost original higher order system's characteristics. Further, a local search strategy, namely, power law-based local search is incorporated with SMO. The proposed strategy is named as power law-based local search in SMO (PLSMO). The efficiency, accuracy and reliability of the proposed algorithm is tested over 20 well-known benchmark functions. Then, the PLSMO algorithm is applied to solve the lower order system modelling problem.

  13. Second-order small-disturbance solutions for hypersonic flow over power-law bodies

    Science.gov (United States)

    Townsend, J. C.

    1975-01-01

    Similarity solutions were found which give the adiabatic flow of an ideal gas about two-dimensional and axisymmetric power-law bodies at infinite Mach number to second order in the body slenderness parameter. The flow variables were expressed as a sum of zero-order and perturbation similarity functions for which the axial variations in the flow equations separated out. The resulting similarity equations were integrated numerically. The solutions, which are universal functions, are presented in graphic and tabular form. To avoid a singularity in the calculations, the results are limited to body power-law exponents greater than about 0.85 for the two-dimensional case and 0.75 for the axisymmetric case. Because of the entropy layer induced by the nose bluntness (for power-law bodies other than cones and wedges), only the pressure function is valid at the body surface. The similarity results give excellent agreement with the exact solutions for inviscid flow over wedges and cones having half-angles up to about 20 deg. They give good agreement with experimental shock-wave shapes and surface-pressure distributions for 3/4-power axisymmetric bodies, considering that Mach number and boundary-layer displacement effects are not included in the theory.

  14. The order for enforcing the law concerning prevention from radiation hazards due to radioisotopes

    International Nuclear Information System (INIS)

    1977-01-01

    The radioactive isotopes stipulated in Item 2, Article 2 of the Law Concerning Prevention from Radiation Hazards due to Radisotopes (hereinafter referred to as the Law) are the isotopes emitting radiation, their compounds, and those containing these isotopes or compounds. The radiation-generating apparatuses in Item 3, Article 2 of the Law are cyclotron, synchrotron, synchrocyclotron, linear accelerator, betatron, Van de Graaff accelerator, Cockcroft Walton accelerator, the apparatuses generating radiation by accelerating charged particles, which are designated by the Director of the Science and Technology Agency as necessary for preventing radiation injuries. Those who want to use, sell or dispose of radioactive isotopes should file applications for approval or notices with required documents. The approval should be obtained for each factory or place of business. The amount of completely sealed radioactive isotopes specified by the cabinet order stipulated in Item 1, Article 3-2 of the Law is 100 m curie per factory or place of business. Those who are going to change the approved items of the use, sale or disposal of radioactive isotopes should file applications. The amount of radioactive isotopes specified by the cabinet order stipulated in Item 5, Article 10 of the Law is 10 curies. Controlled areas, facilities for using, refilling, and storing isotopes, refilling and disposing wastes should meet the stipulated standards. (Rikitake, Y.)

  15. International environmental law and world order

    International Nuclear Information System (INIS)

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

    1995-01-01

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

  16. Fractional-order leaky integrate-and-fire model with long-term memory and power law dynamics.

    Science.gov (United States)

    Teka, Wondimu W; Upadhyay, Ranjit Kumar; Mondal, Argha

    2017-09-01

    Pyramidal neurons produce different spiking patterns to process information, communicate with each other and transform information. These spiking patterns have complex and multiple time scale dynamics that have been described with the fractional-order leaky integrate-and-Fire (FLIF) model. Models with fractional (non-integer) order differentiation that generalize power law dynamics can be used to describe complex temporal voltage dynamics. The main characteristic of FLIF model is that it depends on all past values of the voltage that causes long-term memory. The model produces spikes with high interspike interval variability and displays several spiking properties such as upward spike-frequency adaptation and long spike latency in response to a constant stimulus. We show that the subthreshold voltage and the firing rate of the fractional-order model make transitions from exponential to power law dynamics when the fractional order α decreases from 1 to smaller values. The firing rate displays different types of spike timing adaptation caused by changes on initial values. We also show that the voltage-memory trace and fractional coefficient are the causes of these different types of spiking properties. The voltage-memory trace that represents the long-term memory has a feedback regulatory mechanism and affects spiking activity. The results suggest that fractional-order models might be appropriate for understanding multiple time scale neuronal dynamics. Overall, a neuron with fractional dynamics displays history dependent activities that might be very useful and powerful for effective information processing. Copyright © 2017 Elsevier Ltd. All rights reserved.

  17. Executive order no. 297 of 3. April 2006. Executive order concerning the law on energy taxation in relation to mineral oil products etc

    International Nuclear Information System (INIS)

    2006-01-01

    With this the law on energy taxation in relation to mineral oil products etc. is announced, with reference to executive order no. 701 of 28. September 1998 with the amendments which follow paragraph 1 of law no. 325 of 28. May 1999, paragraph 16 of law no. 380 of 2. June 1999, paragraph 2 of law no. 390 of 2. June 1999, paragraph 1 of law no. 960 of 20. December 1999, paragraph 4 of law no. 963 of 20. December 1999, paragraph 9 of law no. 165 of 15. March 2000, paragraph 30 of law no. 1029 of 22. November 2000, paragraph 1 of law no. 1297 of 20. December 2000, paragraph 1 of law no. 393 of 6. June 2002, law no. 395 of 6. June 2002, paragraph 4 of law no. 962 of 2. December 2003, paragraph 2 of law no. 1391 of 20. December 2004, paragraph 27 of law no. 325 of 18. May 2005, paragraph 47 of law no. 428 of 6. June 2005, paragraph 12 of law no. 1414 of 21. December 2005, paragraph 5 of law no. 1416 of 21. December 2005 and paragraph 5 of law no. 1417 of 21. December 2005. The law contains provisions which implement Directive 2003/96/EC of 17. October 2003 relating to restructuring of the Community framework for the taxation of energy products and electricity as well as parts of Directive 2003/17/EC of 3. March 2003 amending Directive 98/70/EC of 13. October 1998 relating to the quality of petrol and diesel fuel. (BA)

  18. Systems of conservation laws with third-order Hamiltonian structures

    Science.gov (United States)

    Ferapontov, Evgeny V.; Pavlov, Maxim V.; Vitolo, Raffaele F.

    2018-02-01

    We investigate n-component systems of conservation laws that possess third-order Hamiltonian structures of differential-geometric type. The classification of such systems is reduced to the projective classification of linear congruences of lines in P^{n+2} satisfying additional geometric constraints. Algebraically, the problem can be reformulated as follows: for a vector space W of dimension n+2 , classify n-tuples of skew-symmetric 2-forms A^{α } \\in Λ ^2(W) such that φ _{β γ }A^{β }\\wedge A^{γ }=0, for some non-degenerate symmetric φ.

  19. 76 FR 56786 - Renewal of Agency Information Collection for Law and Order on Indian Reservations-Marriage...

    Science.gov (United States)

    2011-09-14

    ... Law and Order on Indian Reservations--Marriage & Dissolution Applications; Request for Comments AGENCY... on Indian Reservations--Marriage & Dissolution Applications, which concerns marriage and dissolution of a marriage in a Court of Indian Offenses. The information collection is currently authorized by...

  20. Conferring of contracts by utilities in the Single European Market. Transposition of the sectoral directive where it concerns construction and delivery orders into German law

    International Nuclear Information System (INIS)

    Pick, H.; Wetzel, U.

    1994-01-01

    After the enactment of the Second Law Amending the Law on Budgetary Principles, the Ordinance on the Confering of Contracts, and the Ordinance on Verification; and the amendment of the ordinances on the placing of construction and delivery orders (VOB and VOL) the European Directives on so-called ''public'' tendering can be said to be transposed into German law as far as they concern construction and delivery orders. This means that as of 1 March 1994 besides the ''classical'' public contractors utilities, too, must invite bids Europe-wide. According to European law this also applies to service orders as of 1 July 1994, but this provision still awaits transposition into German law. (orig.) [de

  1. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1985-01-01

    This ordinance is stipulated under the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors. The designation for refining and processing businesses under the law shall be obtained for each works or enterprise where these operations are to be practiced. Persons who intend to accept the designation shall file applications attaching business plans and the other documents specified by the ordinances of the Prime Minister's Office and other ministry orders. The permission for the installation of nuclear reactors under the law shall be received for each works or enterprise where reactors are to be set up. Persons who intend to get the permission shall file applications attaching the financing plans required for the installation of reactors and the other documents designated by the orders of the competent ministry. The permission concerning the reactors installed on foreign ships shall be obtained for each ship which is going to enter into the Japanese waters. Persons who ask for the permission shall file applications attaching the documents which explain the safety of reactor facilities and the other documents defined by the orders of the Ministry of Transportation. The designation for reprocessing business and the application for it are provided for, respectively. The usage of nuclear fuel materials, nuclear raw materials and internationally regulated goods is ruled in detail. (Kubozone, M.)

  2. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1981-01-01

    This ordinance is stipulated under the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors. The designation for refining and processing businesses under the law shall be obtained for each works or enterprise where these operations are to be practiced. Persons who intend to accept the designation shall file applications attaching business plans and the other documents specified by the ordinances of the Prime Minister's Office and other ministry orders. The permission for the installation of nuclear reactors under the law shall be received for each works or enterprise where reactors are to be set up. Persons who intend to get the permission shall file applications attaching the financing plans required for the installation of reactors and the other documents designated by the orders of the competent ministry. The permission concerning the reactors installed on foreign ships shall be obtained for each ship which is going to enter into the Japanese waters. Persons who ask for the permission shall file applications attaching the documents which explain the safety of reactor facilities and the other documents defined by the orders of the Ministry of Transportation. The designation for reprocessing business and the application for it are provided for, respectively. The usage of nuclear fuel materials, nuclear raw materials and internationally regulated goods is ruled in detail.(Okada, K.)

  3. Microscopic molecular dynamics characterization of the second-order non-Navier-Fourier constitutive laws in the Poiseuille gas flow

    Energy Technology Data Exchange (ETDEWEB)

    Rana, A.; Ravichandran, R. [School of Mechanical and Aerospace Engineering, Gyeongsang National University, Jinju, Gyeongnam 52828 (Korea, Republic of); Park, J. H.; Myong, R. S., E-mail: myong@gnu.ac.kr [School of Mechanical and Aerospace Engineering, Gyeongsang National University, Jinju, Gyeongnam 52828 (Korea, Republic of); Research Center for Aircraft Parts Technology, Gyeongsang National University, Jinju, Gyeongnam 52828 (Korea, Republic of)

    2016-08-15

    The second-order non-Navier-Fourier constitutive laws, expressed in a compact algebraic mathematical form, were validated for the force-driven Poiseuille gas flow by the deterministic atomic-level microscopic molecular dynamics (MD). Emphasis is placed on how completely different methods (a second-order continuum macroscopic theory based on the kinetic Boltzmann equation, the probabilistic mesoscopic direct simulation Monte Carlo, and, in particular, the deterministic microscopic MD) describe the non-classical physics, and whether the second-order non-Navier-Fourier constitutive laws derived from the continuum theory can be validated using MD solutions for the viscous stress and heat flux calculated directly from the molecular data using the statistical method. Peculiar behaviors (non-uniform tangent pressure profile and exotic instantaneous heat conduction from cold to hot [R. S. Myong, “A full analytical solution for the force-driven compressible Poiseuille gas flow based on a nonlinear coupled constitutive relation,” Phys. Fluids 23(1), 012002 (2011)]) were re-examined using atomic-level MD results. It was shown that all three results were in strong qualitative agreement with each other, implying that the second-order non-Navier-Fourier laws are indeed physically legitimate in the transition regime. Furthermore, it was shown that the non-Navier-Fourier constitutive laws are essential for describing non-zero normal stress and tangential heat flux, while the classical and non-classical laws remain similar for shear stress and normal heat flux.

  4. Changing the Order of Newton's Laws--Why & How the Third Law Should Be First

    Science.gov (United States)

    Stocklmayer, Sue; Rayner, John P.; Gore, Michael M.

    2012-01-01

    Newton's laws are difficult both for teachers and students at all levels. This is still the case despite a long history of critique of the laws as presented in the classroom. For example, more than 50 years ago Eisenbud and Weinstock proposed reformulations of the laws that put them on a sounder, more logically consistent base than is presented in…

  5. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

  6. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    between the two do not merely concern the rights and obligations explicitly laid down in the law, but fundamental presumptions regarding the nature of human beings, overall purposes of social order, hierarchical and dynamic features of society and the possibility at all of regulation, its logics......The dissertation analyzes a contemporary battlefield of law, the field of EU social rights, from a political-philosophical point of view. It is the conviction of the dissertation that law is deeply and inescapably conceptually connected with fundamental features of social order. The interrelations...... and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

  7. Religious law versus secular law The example of the get refusal in Dutch, English and Israeli law

    NARCIS (Netherlands)

    Blois, M. de

    2010-01-01

    The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but

  8. Possibilities of sanction of the improper behaviour of a power network operator. Instruments of energy economy act, public order law, and criminal law; Sanktionsmoeglichkeiten bei missbraeuchlichem Verhalten eines Energienetzbetreibers. Energiewirtschaftsrechtliche, ordnungsrechtliche und strafrechtliche Instrumentarien

    Energy Technology Data Exchange (ETDEWEB)

    Mitto, L.

    2007-07-01

    The liberalization of the electric power market and gas market has released a comprehensive reorganisation of the energy branch. Under this aspect, the author of the book under consideration reports on power network operators, their improper behaviour as well as the use of the instruments of energy economy act, public order law, and criminal law in order to sanction power network operators.

  9. High-Order Entropy Stable Finite Difference Schemes for Nonlinear Conservation Laws: Finite Domains

    Science.gov (United States)

    Fisher, Travis C.; Carpenter, Mark H.

    2013-01-01

    Developing stable and robust high-order finite difference schemes requires mathematical formalism and appropriate methods of analysis. In this work, nonlinear entropy stability is used to derive provably stable high-order finite difference methods with formal boundary closures for conservation laws. Particular emphasis is placed on the entropy stability of the compressible Navier-Stokes equations. A newly derived entropy stable weighted essentially non-oscillatory finite difference method is used to simulate problems with shocks and a conservative, entropy stable, narrow-stencil finite difference approach is used to approximate viscous terms.

  10. On the classical theory of ordinary linear differential equations of the second order and the Schroedinger equation for power law potentials

    International Nuclear Information System (INIS)

    Lima, M.L.; Mignaco, J.A.

    1983-01-01

    The power law potentials in the Schroedinger equation solved recently are shown to come from the classical treatment of the singularities of a linear, second order differential equation. This allows to enlarge the class of solvable power law potentials. (Author) [pt

  11. Order to initiate a plan approval procedure under atomic energy law - final waste disposal site Salzgitter ('Konrad' pit)

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    The extend and limits up to which an order under Article 85 III of the Basic Law is binding follows directly from the competential rights the Basic Law assigns to the Federal Government and the state governments. An infringement of these rights can only be asserted before the Federal Constitutional Court as a Federal Government-State Government conflict. 2. On the interpretation and application of Article 85 III of the Basic Law. (orig.) [de

  12. Lie symmetry analysis, conservation laws and exact solutions of the seventh-order time fractional Sawada–Kotera–Ito equation

    Directory of Open Access Journals (Sweden)

    Emrullah Yaşar

    Full Text Available In this paper Lie symmetry analysis of the seventh-order time fractional Sawada–Kotera–Ito (FSKI equation with Riemann–Liouville derivative is performed. Using the Lie point symmetries of FSKI equation, it is shown that it can be transformed into a nonlinear ordinary differential equation of fractional order with a new dependent variable. In the reduced equation the derivative is in Erdelyi–Kober sense. Furthermore, adapting the Ibragimov’s nonlocal conservation method to time fractional partial differential equations, we obtain conservation laws of the underlying equation. In addition, we construct some exact travelling wave solutions for the FSKI equation using the sub-equation method. Keywords: Fractional Sawada–Kotera–Ito equation, Lie symmetry, Riemann–Liouville fractional derivative, Conservation laws, Exact solutions

  13. A high-order relaxation method with projective integration for solving nonlinear systems of hyperbolic conservation laws

    Science.gov (United States)

    Lafitte, Pauline; Melis, Ward; Samaey, Giovanni

    2017-07-01

    We present a general, high-order, fully explicit relaxation scheme which can be applied to any system of nonlinear hyperbolic conservation laws in multiple dimensions. The scheme consists of two steps. In a first (relaxation) step, the nonlinear hyperbolic conservation law is approximated by a kinetic equation with stiff BGK source term. Then, this kinetic equation is integrated in time using a projective integration method. After taking a few small (inner) steps with a simple, explicit method (such as direct forward Euler) to damp out the stiff components of the solution, the time derivative is estimated and used in an (outer) Runge-Kutta method of arbitrary order. We show that, with an appropriate choice of inner step size, the time step restriction on the outer time step is similar to the CFL condition for the hyperbolic conservation law. Moreover, the number of inner time steps is also independent of the stiffness of the BGK source term. We discuss stability and consistency, and illustrate with numerical results (linear advection, Burgers' equation and the shallow water and Euler equations) in one and two spatial dimensions.

  14. Manufacturing white criminals: Depictions of criminality and violence on Law & Order

    Directory of Open Access Journals (Sweden)

    Andrew G. Selepak

    2015-12-01

    Full Text Available This study examines exposure to the police drama television genre and its impact on perceptions of crime and racial criminality. Content analyses of three seasons of Law & Order were examined to evaluate the show’s portrayal of race and crime compared to actual crime statistics for New York City during the same periods. A survey was also conducted to examine perceptions of personal safety and the influence of television’s depiction of race and crime. Results suggest whites are disproportionately portrayed as criminals five to eight times more often on police dramas compared to actual crime statistics for the city of New York, exposure to police dramas increases beliefs of threats to personal safety, and exposure to police dramas leads to elevated perceptions of white criminality among non-whites. Results provide additional support for cultivation theory and “Mean World Syndrome,” and implications for delimitation and racial distrust.

  15. Scientific 'Laws', 'Hypotheses' and 'Theories'

    Indian Academy of Sciences (India)

    verified, the hypothesis changes from the status of a 'mere' hypothesis, and ... a pre-existing law and the body of facts upon which that law is based. Hypotheses .... implicit belief that order objectively exists in nature, and that scientific laws ...

  16. Interzones of Law and Metaphysics

    DEFF Research Database (Denmark)

    Mossin, Christiane

    and sources of authority. On the basis of a historical-conceptual understanding of law according to which law, social structure and metaphysical presumptions are inescapably intertwined, the dissertation derives from the binding provisions of law certain essential features of social order. More precisely...

  17. A high-order finite-volume method for hyperbolic conservation laws on locally-refined grids

    Energy Technology Data Exchange (ETDEWEB)

    McCorquodale, Peter; Colella, Phillip

    2011-01-28

    We present a fourth-order accurate finite-volume method for solving time-dependent hyperbolic systems of conservation laws on Cartesian grids with multiple levels of refinement. The underlying method is a generalization of that in [5] to nonlinear systems, and is based on using fourth-order accurate quadratures for computing fluxes on faces, combined with fourth-order accurate Runge?Kutta discretization in time. To interpolate boundary conditions at refinement boundaries, we interpolate in time in a manner consistent with the individual stages of the Runge-Kutta method, and interpolate in space by solving a least-squares problem over a neighborhood of each target cell for the coefficients of a cubic polynomial. The method also uses a variation on the extremum-preserving limiter in [8], as well as slope flattening and a fourth-order accurate artificial viscosity for strong shocks. We show that the resulting method is fourth-order accurate for smooth solutions, and is robust in the presence of complex combinations of shocks and smooth flows.

  18. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  19. Group Litigation in European Competition Law: A Law and Economics perspective

    NARCIS (Netherlands)

    S.E. Keske (Sonja)

    2009-01-01

    textabstractIn this thesis, insights of the law and economics literature were collected in order to develop the features of an optimal group litigation concerning the deterrence of European Competition Law violation and these were then compared to the proposals of the European Commission in the

  20. THE PARADOX OF POSITIVISTIC VIEW AND PROGRESSIVE LAW OF CRIMINAL LAW ENFORCEMENT IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Krismiyarsi Krismiyarsi

    2015-06-01

    Full Text Available The paradox of positivistic view and progressive law in the criminal law enforcement happened because there is a difference among the law enforcement officer’s view and perception.  Our law education from the beginning until now still teaches the students the positivistic view so that after the students becoming law officers in running the law they still use positive law or positivistic view. The positivistic view is often far from the substantive justice and close to the formal justice. In order to functioning the progressive law in law enforcement especially the penal code constraint of positivistic view which rooted inside of the law enforcer’s mind, therefore it is need paradigm change by fixing the law system, law education, ethics and morality of law officers , and increasing religious consciousness.Keywords: paradox, law positivism, progressive law, criminal law enforcement

  1. Democratic contract law

    NARCIS (Netherlands)

    Hesselink, M.W.

    2015-01-01

    This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will

  2. The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

    Directory of Open Access Journals (Sweden)

    Gerrit Ferreira

    2014-11-01

    Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

  3. 25 CFR 11.909 - Law enforcement records.

    Science.gov (United States)

    2010-04-01

    ... BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.909 Law enforcement records. (a) Law enforcement records and files... minor's parents or guardian, the presenting officer, or others by order of the children's court. ...

  4. Tunneling-induced shift of the cutoff law for high-order above-threshold ionization

    International Nuclear Information System (INIS)

    Lai, X. Y.; Quan, W.; Liu, X.

    2011-01-01

    We investigate the cutoff law for high-order above-threshold ionization (HATI) within a semiclassical framework. By explicitly adopting the tunneling effect and considering the initial position shift of the tunneled electron from the origin in the model, the cutoff energy position in HATI spectrum exhibits a well-defined upshift from the simple-man model prediction. The comparison between numerical results from our improved semiclassical model and the quantum-orbit theory shows a good agreement for small values of the Keldysh parameter γ, implying the important role of the inherent quantum tunneling effect in HATI dynamics.

  5. Law, Marxism and Method

    Directory of Open Access Journals (Sweden)

    Paul O'Connell

    2018-05-01

    Full Text Available Law is crucial to the maintenance and reproduction of capitalism. While Marx never produced a comprehensive theory of law, state and rights, there is much in his work, and in the broader Marxist tradition, that can help us understand the nature and role of law in contemporary capitalism. This paper sketches out some of the key resources from within the Marxist tradition that can assist us in developing Marxist understandings of law, state and rights today. Specifically, the focus is on the question of method, drawing out three key strands from Marx's own work: (i the importance of dialectical materialist analysis; (ii the historically specific and transitory nature of capitalism and (iii the centrality of class antagonism and class struggle. The argument advanced here, in sum, is that Marxist explanations of law, state and rights should foreground these analytical reference points, in order to make the role of law intelligible, and to begin to sketch how movements for fundamental social change might understand and engage with the law.

  6. Establishing Law and Order After Conflict

    National Research Council Canada - National Science Library

    Jones, Seth G; Wilson, Jeremy M; Rathmell, Andrew; Riley, K. J

    2005-01-01

    .... military's Field Manual 3-0731 Peace Ops notes, these tasks are vital to establish "a secure environment" in order to "create the conditions for other political, economic, and humanitarian peace building activities...

  7. FALSE DISTANCES AND REAL DIFFERENCES BETWEEN COMMON LAW AND CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Túlio de Medeiros Jales

    2017-05-01

    Full Text Available The paper argues that it is wrong to use supposed ontological distinctions between common law and civil law to explain both the difference of normative hierarchy between laws and precedents and a methodological asymmetry in the application of these two normative types. Drawing the transformations that the reception of the post positivistperspective throws at the theme of juridical traditions, it assumes the hypothesis that the difference between the two legal families is fruit of the reception of contestable theses of the legal positivism. The confirmation of the hypothesis indicates the need to seek alternatives to explain differences between legal orders that are not based on the categories of legal traditions.

  8. Doctors, apologies, and the law: an analysis and critique of apology laws.

    Science.gov (United States)

    Wei, Marlynn

    2007-01-01

    This Article analyzes and critiques apology laws, their potential use, and effectiveness, both legally and ethically, in light of the strong professional norms that shape physicians' reaction to medical errors. Physicians are largely reluctant to disclose medical errors to patients, patients' families, and even other physicians. Some states have passed so-called apology laws in order to encourage physicians to disclose medical errors to patients. Apology laws allow defendants to exclude statements of sympathy made after accidents from evidence in a liability lawsuit. This Article examines potential barriers to physicians' disclosure of medical mistakes and demonstrates how the underlying problem may actually be rooted in professional norms-norms that will remain outside the scope of law's influence. The Article also considers other legal and policy changes that could help to encourage disclosure.

  9. The enforcement order for the law for arrangement of surrounding areas of power generating facilities

    International Nuclear Information System (INIS)

    1979-01-01

    The order is defined under the law for arrangement of surrounding areas of power generating facilities. Establishers of power generating facilities shall be hereunder general electric enterprisers, wholesale electric enterprisers and the Power Reactor and Nuclear Fuel Development Corporation. The scale of power generating facilities provided by the order is 350,000 kilo-watts for atomic and steam power generation and 5,000 kilo-watts for hydroelectric power. Equipment closely related to atomic power generation shall include facilities for reprocessing and examination of nuclear fuel materials spent for power generating reactors, reactors used for research of the safety of power generating reactors, experimental fast breeding reactors and experimental uranium enrichment facilities. Requisites for the extent of industrial accumulation are that the area belongs to those self-governing bodies whose industrial accumulation is more than the 8th degree. Public facilities specified are those for communication, sports or recreation, environmental hygiene, education and culture, medicine, social welfare, fire fighting and heat supplying, etc. Governors of the prefectures shall file arrangement programs to the Minister in charge through the Minister of International Trade and Industry to get the permission stipulated by the law. Subsidies shall not be paid to those enterprises which are executed by the government or a part of the expenses is born or supported by it. (Okada, K.)

  10. First-order dissolution rate law and the role of surface layers in glass performance assessment

    Science.gov (United States)

    Grambow, B.; Müller, R.

    2001-09-01

    The first-order dissolution rate law is used for nuclear waste glass performance predictions since 1984. A first discussion of the role of saturation effects was initiated at the MRS conference that year. In paper (1) it was stated that "For glass dissolution A* (the reaction affinity) cannot become zero since saturation only involves the reacting surface while soluble elements still might be extracted from the glass" [B. Grambow, J. Mater. Res. Soc. Symp. Proc. 44 (1985) 15]. Saturation of silica at the surface and condensation of surface silanol groups was considered as being responsible for the slow down of reaction rates by as much as a factor of 1000. Precipitation of Si containing secondary phases such as quartz was invoked as a mechanism for keeping final dissolution affinities higher than zero. Another (2) paper [A.B. Barkatt, P.B. Macedo, B.C. Gibson, C.J. Montrose, J. Mater. Res. Soc. Symp. Proc. 44 (1985) 3] stated that "… under repository conditions the extent of glass dissolution will be moderate due to saturation with respect to certain major elements (in particular, Si, Al and Ca). Consequently, the concentration levels of the more soluble glass constituents in the aqueous medium are expected to fall appreciable below their solubility limit." The formation of dense surface layers was considered responsible for explaining the saturation effect. The mathematical model assumed stop of reaction in closed systems, once solubility limits were achieved. For more than 15 years the question of the correctness of one or the other concept has seldom been posed and has not yet been resolved. The need of repository performance assessment for validated rate laws demands a solution, particularly since the consequences of the two concepts and research requirements for the long-term glass behavior are quite different. In concept (1) the stability of the `equilibrium surface region' is not relevant because, by definition, this region is stable chemically and after a

  11. A second-order iterative implicit-explicit hybrid scheme for hyperbolic systems of conservation laws

    International Nuclear Information System (INIS)

    Dai, Wenlong; Woodward, P.R.

    1996-01-01

    An iterative implicit-explicit hybrid scheme is proposed for hyperbolic systems of conservation laws. Each wave in a system may be implicitly, or explicitly, or partially implicitly and partially explicitly treated depending on its associated Courant number in each numerical cell, and the scheme is able to smoothly switch between implicit and explicit calculations. The scheme is of Godunov-type in both explicit and implicit regimes, is in a strict conservation form, and is accurate to second-order in both space and time for all Courant numbers. The computer code for the scheme is easy to vectorize. Multicolors proposed in this paper may reduce the number of iterations required to reach a converged solution by several orders for a large time step. The feature of the scheme is shown through numerical examples. 38 refs., 12 figs

  12. Religious law versus secular law
    The example of the get refusal in Dutch, English and Israeli law

    Directory of Open Access Journals (Sweden)

    Matthijs de Blois

    2010-06-01

    Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

  13. Ulpian's Appeal to Nature : Roman Law as Universal Law

    NARCIS (Netherlands)

    Brouwer, René

    2015-01-01

    In this paper I argue that against the political and perhaps even religiously motivated background of the Constitutio Antoniniana, in order to further enhance the appeal of Roman law, Ulpian seeks to connect law and nature by using Stoic terminology. However, his usage of this terminology is

  14. The influence of branch order on optimal leaf vein geometries: Murray's law and area preserving branching.

    Directory of Open Access Journals (Sweden)

    Charles A Price

    Full Text Available Models that predict the form of hierarchical branching networks typically invoke optimization based on biomechanical similitude, the minimization of impedance to fluid flow, or construction costs. Unfortunately, due to the small size and high number of vein segments found in real biological networks, complete descriptions of networks needed to evaluate such models are rare. To help address this we report results from the analysis of the branching geometry of 349 leaf vein networks comprising over 1.5 million individual vein segments. In addition to measuring the diameters of individual veins before and after vein bifurcations, we also assign vein orders using the Horton-Strahler ordering algorithm adopted from the study of river networks. Our results demonstrate that across all leaves, both radius tapering and the ratio of daughter to parent branch areas for leaf veins are in strong agreement with the expectation from Murray's law. However, as veins become larger, area ratios shift systematically toward values expected under area-preserving branching. Our work supports the idea that leaf vein networks differentiate roles of leaf support and hydraulic supply between hierarchical orders.

  15. Law & Order, CSI, and NCIS: The Association Between Exposure to Crime Drama Franchises, Rape Myth Acceptance, and Sexual Consent Negotiation Among College Students.

    Science.gov (United States)

    Hust, Stacey J T; Marett, Emily Garrigues; Lei, Ming; Ren, Chunbo; Ran, Weina

    2015-01-01

    Previous research has identified that exposure to the crime drama genre lowers rape myth acceptance and increases sexual assault prevention behaviors such as bystander intervention. However, recent content analyses have revealed marked differences in the portrayal of sexual violence within the top three crime drama franchises. Using a survey of 313 college freshmen, this study explores the influence of exposure to the three most popular crime drama franchises: Law & Order, CSI, and NCIS. Findings indicate that exposure to the Law & Order franchise is associated with decreased rape myth acceptance and increased intentions to adhere to expressions of sexual consent and refuse unwanted sexual activity; whereas exposure to the CSI franchise is associated with decreased intentions to seek consent and decreased intentions to adhere to expressions of sexual consent. Exposure to the NCIS franchise was associated with decreased intentions to refuse unwanted sexual activity. These results indicate that exposure to the specific content of each crime drama franchise may have differential results on sexual consent negotiation behaviors.

  16. State aid in the EU law and national law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2011-01-01

    Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

  17. Law and Protestantism in Denmark

    DEFF Research Database (Denmark)

    Tamm, Ditlev

    2016-01-01

    This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church....... The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former...... faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582....

  18. VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Alina Leția

    2013-11-01

    Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

  19. Higher order Godunov methods for general systems of hyperbolic conservation laws

    International Nuclear Information System (INIS)

    Bell, J.B.; Colella, P.; Trangenstein, J.A.

    1989-01-01

    We describe an extension of higher order Godunov methods to general systems of hyperbolic conservation laws. This extension allow the method to be applied to problems that are not strictly hyperbolic and exhibit local linear degeneracies in the wave fields. The method constructs an approximation of the Riemann problem from local wave information. A generalization of the Engquist--Osher flux for systems is then used to compute a numerical flux based on this approximation. This numerical flux replaces the Godunov numerical flux in the algorithm, thereby eliminating the need for a global Riemann problem solution. The additional modifications to the Godunov methodology that are needed to treat loss of strict hyperbolicity are described in detail. The method is applied to some simple model problems for which the glocal analytic structure is known. The method is also applied to the black-oil model for multiphase flow in petroleum reservoirs. copyright 1989 Academic Press, Inc

  20. Challenging the Westphalian Order: Incorporating Armed Groups in Law-Making Under International Humanitarian Law

    NARCIS (Netherlands)

    Inigo Alvarez, L.

    2017-01-01

    In recent times, much of the focus has been placed on the incorporation of certain non-state actors, such as NGOs and transnational corporations, into different lawmaking processes, although the resulting rules are considered soft law. However, little attention has been paid to the possibility of

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

    International Nuclear Information System (INIS)

    1978-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Peter Muchlinski

    2011-05-01

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

  3. 25 CFR 11.1003 - Law enforcement officer's duties.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Law enforcement officer's duties. 11.1003 Section 11.1003 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Juvenile Offender Procedure § 11.1003 Law enforcement officer's duties. A law enforcement officer who takes a minor into...

  4. First order and second order fermi acceleration of energetic charged particles by shock waves

    International Nuclear Information System (INIS)

    Webb, G.M.

    1983-01-01

    Steady state solutions of the cosmic ray transport equation describing first order Fermi acceleration of energetic charged particles at a plane shock (without losses) and second order Fermi acceleration in the downstream region of the shock are derived. The solutions for the isotropic part of the phase space distribution function are expressible as eigenfunction expansions, being superpositions of series of power law momentum spectra, with the power law indices being the roots of an eigenvalue equation. The above exact analytic solutions are for the case where the spatial diffusion coefficient kappa is independent of momentum. The solutions in general depend on the shock compression ratio, the modulation parameters V 1 L/kappa 1 , V 2 L/kappa 2 (V is the plasma velocity, kappa is the energetic particle diffusion coefficient, and L a characteristic length over which second order Fermi acceleration is effective) in the upstream and downstream regions of the shock, respectively, and also on a further dimensionless parameter, zeta, characterizing second order Fermi acceleration. In the limit as zeta→0 (no second order Fermi acceleration) the power law momentum spectrum characteristic of first order Fermi acceleration (depending only on the shock compression ratio) obtained previously is recovered. Perturbation solutions for the case where second order Fermi effects are small, and for realistic diffusion coefficients (kappainfinityp/sup a/, a>0, p = particle momentum), applicable at high momenta, are also obtained

  5. International Law, Cultural Diversity, and The Environment: the Case of the General Forestry Law in Colombia

    OpenAIRE

    Bonilla-Maldonado, Daniel Eduardo; Universidad de los Andes

    2015-01-01

    International law has been repeatedly challenged for its exclusionary character and its imperial uses. These critiques describe many of its structures and dynamics in a precise manner. However, international law may be a useful instrument for protecting the legitimate interests of the States of the Global South in general, and of the distinct social and cultural groups that form them, in particular. Yet, in order to understand international law's potential for emancipation or social resistanc...

  6. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  7. Conservation laws and rogue waves for a higher-order nonlinear Schrödinger equation with variable coefficients in the inhomogeneous fiber

    Science.gov (United States)

    Du, Zhong; Tian, Bo; Wu, Xiao-Yu; Liu, Lei; Sun, Yan

    2017-07-01

    Subpicosecond or femtosecond optical pulse propagation in the inhomogeneous fiber can be described by a higher-order nonlinear Schrödinger equation with variable coefficients, which is investigated in the paper. Via the Ablowitz-Kaup-Newell-Segur system and symbolic computation, the Lax pair and infinitely-many conservation laws are deduced. Based on the Lax pair and a modified Darboux transformation technique, the first- and second-order rogue wave solutions are constructed. Effects of the groupvelocity dispersion and third-order dispersion on the properties of the first- and second-order rouge waves are graphically presented and analyzed: The groupvelocity dispersion and third-order dispersion both affect the ranges and shapes of the first- and second-order rogue waves: The third-order dispersion can produce a skew angle of the first-order rogue wave and the skew angle rotates counterclockwise with the increase of the groupvelocity dispersion, when the groupvelocity dispersion and third-order dispersion are chosen as the constants; When the groupvelocity dispersion and third-order dispersion are taken as the functions of the propagation distance, the linear, X-shaped and parabolic trajectories of the rogue waves are obtained.

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

    Directory of Open Access Journals (Sweden)

    Fabian Augusto Cárdenas Castañeda

    2010-05-01

    Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

  9. The Direct Applicability of SADC Community Law in South Africa and Zimbabwe: A Call for Supranationality and the Uniform Application of SADC Community Law

    Directory of Open Access Journals (Sweden)

    Retselisitsoe Phooko

    2018-03-01

    Full Text Available The Southern African Development Community Tribunal (SADC Tribunal became operational in 1992 and delivered several judgments against Zimbabwe. Some of those decisions are yet to be enforced. The attempt to enforce them contributed to the demise of the SADC Tribunal. This was due to the existence of various approaches to the reception of community law into domestic law. The tension between community law and domestic law, international law and domestic law, and community law and international law is as old as the hills. The monist and dualist theories of international law assist in attempting to clarify the nature of the relationship between international law and municipal law, but there is no guidance when it comes to community law and national law. This paper will explore how the SADC Community law can be applied uniformly by South Africa, Zimbabwe and all other SADC member states. This will be done by looking at decided cases with specific reference to South Africa and Zimbabwe. In order to establish the best practices in other jurisdictions, reference will be made to the East African Court of Justice, the European Union (EU and the European Court of Justice (ECJ. The discourse will conclude by advocating the adoption of a revised Protocol on the SADC Tribunal in order to clarify the nature of the relationship between the SADC Community law and the domestic laws of SADC member states.

  10. The Schroedinger equation for central power law potentials and the classical theory of ordinary linear differential equations of the second order

    International Nuclear Information System (INIS)

    Lima, M.L.; Mignaco, J.A.

    1985-01-01

    It is shown that the rational power law potentials in the two-body radial Schoedinger equation admit a systematic treatment available from the classical theory of ordinary linear differential equations of the second order. The admissible potentials come into families evolved from equations having a fixed number of elementary singularities. As a consequence, relations are found and discussed among the several potentials in a family. (Author) [pt

  11. 25 CFR 11.1103 - Law enforcement officer's duties.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Law enforcement officer's duties. 11.1103 Section 11.1103 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Minor-in-Need-of-Care Procedure § 11.1103 Law enforcement officer's duties. Upon taking a minor into custody the officer...

  12. The order for enforcing the law on indemnity agreement for compensation of nuclear damage

    International Nuclear Information System (INIS)

    1987-01-01

    This report shows the Cabinet Order No.46 of March 6, 1962. The Order consists of eleven Articles. The provisions under Article 1 and Article 2 specify requirements for conforming to the Law concerning Contract for Compensation and Indemnity for Nuclear Energy Loss. The provisions under Article 3 provide for the compensation premium rate (5/10,000). Data to be reported to the government are given under Article 4. Such data include purpose, type and thermal output of the reactor; location and structure of the nuclear reactor facilities; arrangements in the nuclear reactor facilities; plan for operation of the nuclear reactor; type and yearly amount of nuclear fuel substances used; method for disposal of spent fuel; matters concerning contract for liability insurance; location, structure, etc. of processing facilities, reprocessing facilities and waste disposal facilities; route and method for transporting materials contaminated with nuclear source materials or nuclear fuel substances; etc. Managers of nuclear energy business should pay the security money every year, which goes to the national treasury. (Nogami, K.)

  13. Author: MC Roos IS LAW SCIENCE?

    African Journals Online (AJOL)

    10332324

    2014-02-05

    Feb 5, 2014 ... regulate human interaction, order society, create certainty and are applied, .... law students, practitioners, academics and law-makers will be measured against the ... education, and distinguished between law as a science and law as ..... a question or a problem – in short, by something theoretical".60.

  14. Inheritance Law between Common and Civil Law - As exemplified by life-long support contracts

    Directory of Open Access Journals (Sweden)

    Jadranka Đorđević-Crnobrnja

    2016-02-01

    Full Text Available The dualism between common law and civil law in Serbia has been examined in theoretical and factographical ethnological and legal literature, yet this problem in the sphere of inheritance law has been considered mostly within the context of inequality between the sexes in matters of inheritance. As a result, the question of the connection between life-long support contracts and inheritance remains unexplored, despite the fact that through the analysis of inheritance practices based on this kind of contract the influence of socio-cultural mechanisms on the institution of inheritance can be clearly observed. These insights, together with the fact that a dualism and parallelism of civil and common have existed in Serbia for more than a century, have inspired an analysis of life-long support contracts in order to problematize the relation between common law and civil law in practice.

  15. The order for enforcing the law concerning indemnification of nuclear damage

    International Nuclear Information System (INIS)

    1980-01-01

    The cabinet ordinance is established under the law concerning the indemnification for atomic energy damages. The matters stipulated by the ordinance in the law include the following matters: the operation of reactors; the processing of nuclear fuel materials, such as uranium 235, specified uranium and its compounds, plutonium and its compounds, etc.; reprocessing; the employment of such nuclear fuel materials; the transportation, storage and disposal of such materials, particular spent fuels and the things contaminated by nuclear fuel materials, which occur according to the operation of reactors and other practices above mentioned. The amounts of indemnification are respectively 10 billion yen for the operation of reactors whose thermal outputs are more than 10,000 kilowatts and reprocessing, 2 billion yen for the operation of reactors whose thermal outputs are more than 100 kilowatts and less than 10,000 kilowatts and the transportation of spent fuel accompanying the operation of reactors or reprocessing, 200 million yen for the operation of reactors whose thermal outputs are less than 100 kilowatts, and the processing and employment of nuclear fuel materials, the transportation of nuclear fuel materials accompanying the operation of reactors, and the processing, reprocessing and employment of nuclear fuel materials. The payment of casualty indemnification includes that according to the provisions of the government official casualty indemnification law and that due to official causes under the provisions of the seamen insurance law. (Okada, K.)

  16. The UN Charter and the New World Order

    Directory of Open Access Journals (Sweden)

    Lidiya Evgenievna Grishaeva

    2015-12-01

    Full Text Available The article shows the importance of the adoption of the UN Charter. The rules and principles of international law embodied in the Charter of the United Nations, form the basis of modern law and order, the preservation of peace and allow to overcome international conflicts. The United Nations is a multilateral international organization and the efficiency of its operations affect the consistency of the positions of the Member States, the degree of interaction in the UN Security Council. The credibility of the UN and its legitimacy, breadth of competence and representativeness allow staff to play an indispensable role in global politics, economic and humanitarian cooperation. In order to maintain the stability of the present world order is necessary to keep the preservation of the basic foundations of international law, the improvement of international legal categories in order to eliminate double standards in law enforcement. Cooperation in the framework of the UN is necessary in solving regional conflicts, countering new challenges and threats to international security. On this depends the effectiveness of the United Nations.

  17. Effectiveness of enforcement levels of speed limit and drink driving laws and associated factors – Exploratory empirical analysis using a bivariate ordered probit model

    Directory of Open Access Journals (Sweden)

    Behram Wali

    2017-06-01

    Full Text Available The contemporary traffic safety research comprises little information on quantifying the simultaneous association between drink driving and speeding among fatally injured drivers. Potential correlation between driver's drink driving and speeding behavior poses a substantial methodological concern which needs investigation. This study therefore focused on investigating the simultaneous impact of socioeconomic factors, fatalities, vehicle ownership, health services and highway agency road safety policies on enforcement levels of speed limit and drink driving laws. The effectiveness of enforcement levels of speed limit and drink driving laws has been investigated through development of bivariate ordered probit model using data extricated from WHO's global status report on road safety in 2013. The consistent and intuitive parameter estimates along with statistically significant correlation between response outcomes validates the statistical supremacy of bivariate ordered probit model. The results revealed that fatalities per thousand registered vehicles, hospital beds per hundred thousand population and road safety policies are associated with a likely medium or high effectiveness of enforcement levels of speed limit and drink driving laws, respectively. Also, the model encapsulates the effect of several other agency related variables and socio-economic status on the response outcomes. Marginal effects are reported for analyzing the impact of such factors on intermediate categories of response outcomes. The results of this study are expected to provide necessary insights to elemental enforcement programs. Also, marginal effects of explanatory variables may provide useful directions for formulating effective policy countermeasures for overcoming driver's speeding and drink driving behavior.

  18. Stories of Human Autonomy, Law, and Technology

    Science.gov (United States)

    Tranter, Kieran

    2010-01-01

    Considering the relationship between human autonomy, law and technology has deep origins. Both technology studies and legal theory tell origin stories about human autonomy as the prize from either a foundational technological or jurisprudential event. In these narratives either law is considered a second order consequence of technology or…

  19. 25 CFR 12.33 - Are Indian country law enforcement officers paid less than other law enforcement officers?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Are Indian country law enforcement officers paid less than other law enforcement officers? 12.33 Section 12.33 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Qualifications and Training Requirements § 12.33 Are Indian country law enforcement...

  20. 28 CFR 68.57 - Judicial review of the final agency order of an Administrative Law Judge in cases arising under...

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Judicial review of the final agency order of an Administrative Law Judge in cases arising under section 274B. 68.57 Section 68.57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...

  1. The trespasses of property law.

    Science.gov (United States)

    Wall, Jesse

    2014-01-01

    The purpose of this article is to identify a limit to the appropriate application of property law to the use and storage of bodily material. I argue here that property law ought to be limited to protecting 'contingent rights' and that recent cases where property rights have been recognised in semen represent the application of property law beyond this limit. I also suggest how the law ought to develop in order to avoid the overextensive use of property law.

  2. The Schroedinger equation for central power law potentials and the classical theory of ordinary linear differential equations of the second order

    International Nuclear Information System (INIS)

    Lima, M.L.; Mignaco, J.A.

    1985-01-01

    It is shown that the rational power law potentials in the two-body radial Schrodinger equations admit a systematic treatment available from the classical theory of ordinary linear differential equations of the second order. The resulting potentials come into families evolved from equations having a fixed number of elementary regular singularities. As a consequence, relations are found and discussed among the several potentials in a family. (Author) [pt

  3. International Telecommunication Control: International Law and the Ordering of Satellite and Other Forms of International Broadcasting.

    Science.gov (United States)

    Smith, Delbert D.

    The need for and the available alternatives for international telecommunication controls are examined, and a functional approach to this area of law is offered. Information from a number of areas is collected and examined as it relates to the basic problem. These areas include general principles of international law, the activities of the…

  4. The Interaction between Environmental Preservation throuout Sustainability as an Agrarian Law Principle: Hermeneutics Transcending Borders in Order to Obtain a New Paradigm

    Directory of Open Access Journals (Sweden)

    Luciana Ramos Jordão

    2016-10-01

    Full Text Available This paper discusses environmental preservation as a principle of Agrarian Law and hermeneutics. It aims to comprehend connection between both concepts from refounding Agroecology and Sustainability as a major precept in order to obtain agrarian development and environmental preservation. By using the deductive method, it analyses the fact that environment (and studying Law cannot be seen in separate ways, otherwise, it would risk having high complexity environmental and agrarian damage. Therefore, consciousness of how dependent human is from environment as an issue of fundamentality and materiality of mere formal rights nowadays.

  5. 78 FR 7813 - Sanjay Trivedi, M.D.; Decision and Order

    Science.gov (United States)

    2013-02-04

    ....; Decision and Order On September 25, 2012, Administrative Law Judge (ALJ) Gail A. Randall issued the... record, I have decided to adopt the ALJ's rulings, findings of fact, conclusions of law, and recommended..., Conclusions of Law, and Decision of the Administrative Law Judge I. Facts Gail A. Randall, Administrative Law...

  6. 25 CFR 11.500 - Law applicable to civil actions.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Law applicable to civil actions. 11.500 Section 11.500 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.500 Law applicable to civil actions. (a) In all civil cases, the...

  7. View points on a not well known law, the nuclear law

    International Nuclear Information System (INIS)

    Arbousset, Herve; Lahorgue, Marie-Beatrice; Rambour, Muriel; Schellenberger, Thomas

    2018-01-01

    While indicating the relevant French decrees and laws which have been building up what can be called the nuclear law, this article first proposes a discussed overview of the evolution of this law between a decree published in 1963 and the law on energy transition, while noticing what went in the USA in this respect. Based on the example of the project of geological storage of nuclear wastes, the authors outline that this nuclear law is evolving out of standards as it is evolves in order to fit with the project, and not the other way. Therefore democratic anchoring is rather fragile. The author outlines the influence of new threats related to terrorism and their influence on the nuclear law. They also comment the issue of compensation for victims of French nuclear tests in Algeria and in French Polynesia, and notice that hope has been followed by disillusion and questions

  8. The order for enforcing the law concerning prevention from radiation hazards due to radioisotopes

    International Nuclear Information System (INIS)

    1981-01-01

    This rule is established under the provisions of the law on the prevention of radiation injuries by radioisotopes, and the former ordinance No. 14, 1958, is hereby totally amended. Radioisotopes under the law are the isotopes which emit radiation, and of which the concentration exceeds the levels defined by the Director General of the Science and Technology Agency, their compounds or the substances containing these compounds, excluding those defined in the atomic energy act and other particular laws. The apparatuses fitted with radioisotopes under the law are electron capture detectors for gas chromatography. The radiation emitting installations under the law are cyclotron, synchrotron, synchro-cyclotron, linear accelerator, betatron, Van de Graaff accelerator, Cockcroft-Walton's accelerator, etc. The permission of usage under the law shall be obtained for each works or enterprise. Persons who intend to get the permission shall file the application for them attaching the documents describing expected period of usage and other papers specified by the Director General. The total quantity of radioisotopes sealed tightly for each works or enterprise under the law shall be 100 milli-curie. The design of apparatus for the prevention of radiation injuries, the capacities of storage facilities regularly inspected, the period of regular inspection, the confirmation of transport and disposal and fees to be paid, etc. are defined, respectively. (Okada, K.)

  9. 32 CFR 635.29 - Domestic violence and protection orders.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Domestic violence and protection orders. 635.29 Section 635.29 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Offense Reporting § 635.29 Domestic violence and protection orders. (a)...

  10. Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law.

    Science.gov (United States)

    Valcore, Jace L

    2017-09-15

    Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.

  11. The State of Law – Between Ambition and Reality

    Directory of Open Access Journals (Sweden)

    Nicoleta DIACONU

    2011-11-01

    Full Text Available Objectives: This article proposes to analyze if the statements regarding the unconsciousness of the law state in Romania, as a reason for not being included in the Schengen Area, are susceptible when the evolution of the relations between Romania and the European International Structures have confirmed the beginning of the rule of law in our country. Prior work: The special literature doesn’t offer many documentaries regarding this subject because the statements that doubt the real existence of the law state in Romania are recent. Even so, the previous analyses show the rule of law in Romania only regarding the justice, without saying anything about the efficiency of these rules. Approach: We analyzed the way that the elements of the law state, as they have been identified in the international documents, are mentioned in the constitutional law in our country. Based on these documents, we analyzed if some risky elements towards the law state confirm or not the previous statements. Implications: The study is useful to highlight the institutional declines and also to offer arguments in order to join the Schengen area. Value: The study wants to offer arguments in order to confirm or to infirm the statements that doubt the existence of the law state.

  12. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1978-01-01

    Under the above mentioned law this order prescribes the procedures of controls given to the persons who wish to conduct refining and fabricating businesses, to construct and operate reactors, and to use nuclear source materials, nuclear fuel materials and internationally controlled materials. The common controlling principle prescribed is that the permission or authorization necessary for above listed businesses should be applied for at each factory or each place of business. Based on the principle, the order prescribes: the procedures to apply for the authorization of the refining business, the permission of the change thereof, and the permission of the fabricating business and the change, thereof (the 1st chapter); the procedures to apply for the permission of the construction of reactors and of the change of the construction, as well as the procedure to do periodic inspections of reactor facilities (the 2nd chapter); the procedures to apply for the permission to use nuclear fuel materials and to change the use thereof, the submission of the report to use nuclear source materials, as well as the procedure to apply for the permission to use internationally controlled materials. In the 4th chapter the order lists up the items on which the competent Ministers may require reports from the person who carries on the relevant business. (Matsushima, A.)

  13. European atomic (nuclear) law and Austria

    International Nuclear Information System (INIS)

    Heitzinger, R.

    2000-05-01

    The dissertation investigates the question, how the Austrian membership in the European Community works out to the Austrian Atomic Nonproliferation Law, which is a simple federal law. By the day of the Austrian accession to the European Community, the whole law of the European Community became part of the Austrian Legal Order. Also part of the primary right, the constitutional law of the European Community, is the contract for founding the European Atomic Energy Community, which also became part of the Austrian Legal Order. In 1978 Austria decided after the plebiscite of November the 5th against the opening of the nuclear power station in Zwentendorf. The result of this plebiscite was the Austrian Atomic Nonproliferation Law, a simple federal law from December the 15th, BGBl 676/1978. To continue their atomic politics, forbidding the use of nuclear powerstations for producing energy, after becoming a member of the European Community, Austria and the members of the European Community signed the Fourth Common Declaration at September the 23rd in 1993 for the use of the contract for founding the European Atomic Energy Community. This Common Declaration is neither a part of the accession of the contract, nor a part of the accessions to the acts of the contract of the European Community, and also not a part of the primary right of the European Community. It is only an agreement between the signatory states, which can be characterized as a part of the context. The sphere of the context, where the Fourth Common Declaration could be important, restrains to the secondary right of the European Community. This means, that the opinion on the rage of application is a decision of the executive bodies of the European Community. Consequently is to say, that the declaration, that the continuance of the Austrian Atomic Nonproliferation Law is save, can't resist an analysis in the law of nations. (author)

  14. Violence and law in Victorian England

    OpenAIRE

    ALEXANDROVA A.P.

    2015-01-01

    The aim of the article is to show the correlation between violence and law during the Victorian era. In order to achieve this goal it was necessary to answer the question Were the Victorians right to think that crime was in decline? taking into account statistics. The most conspicuous characteristics of criminal law in the Victorian period and the brief scheme of all the stages a criminal had to undergo are described in this paper.

  15. Some comments on the current (and future status of Muslim personal law in South Africa

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    2004-10-01

    Full Text Available The state law of South Africa consists of the common law and the customary law. However, in reality there exist various cultural and religious communities who lead their private lives outside of state law. For example, the Muslim community in South Africa is a close-knit community which lives according to their own customs and usages. Muslims are subject to informal religious tribunals whose decisions and orders are neither recognised nor reviewable by the South African courts.The non-recognition of certain aspects of Muslim personal law causes unnecessary hardships, especially for women. A Muslim woman is often in a "catch two" situation. For example, on the one hand her attempts to divorce her husband in terms of Muslim law may be foiled by the relevant religious tribunal and, on the other hand, the South African courts may not provide the necessary relief, because they might not recognise the validity of her Muslim marriage. Increasingly, South African courts are faced with complex issues regarding the Muslim community. The last few years there has been a definite change in the courts' attitude with regard to the recognition of certain aspects of Muslim personal law. Contrary to pre-1994 court cases, the recent court cases attempt to develop the common law to give recognition to certain aspects of Muslim personal law. This article attempts to give an overview of the recent case law that dealt with issues regarding the recognition of aspects of Muslim personal law. Another issue, which eventuates from the current situation, is whether the South African legal order should continue to have a dualistic legal order or whether we should opt for a unified legal order or even a pluralistic legal order. In order to address this issue, some comments on the current status of Muslim personal law will be made and, finally, in order to contribute to the debate regarding the recognition of Muslim personal law, optional models for the recognition of Muslim

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

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2013-01-01

    Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.

  17. Atomic energy laws in Germany

    International Nuclear Information System (INIS)

    Lukes, R.H.P.

    1980-01-01

    The regulations of German atomic energy laws are based in large on the fundamental law of the Federal Republic of Germany-the constitution. Atomgesetz of 1959, as amended on October 31, 1976, constitutes the core of atomic energy laws (Atomrecht), and is supplemented by orders (Verordnungen). The Federal Republic has the right to legislate Atomrecht, and the enforcement of such laws and orders is entrusted to each province. The peaceful uses of radioactive materials are stipulated by Atomgesetz and orders. Atomgesetz seeks two objects, first it is to enable the handling of radioactive substances for the acquisition of energy, medical treatment, food treatment and the harmless examination of things by radioactive materials, and secondly to ensure the protection from danger in the handling of such materials. The control of radioactive materials by the state including imports and exports, storage and possession, disposal and processing, etc., is established by the law to secure the protection from danger of atomic energy. The particular indemnification responsibility for the harm due to radiation is defined in Atomgesetz, and only the owners (Inhaber) of atomic energy facilities are liable for damage. The violation of the regulations on the transaction of radioactive materials is punished by fines up to 100,000 German marks of imprisonment of less than five years. Orders are established on roentgen ray, the protection from radiation, the treatment of foods by electron beam, gamma ray, roentgen ray or ultraviolet ray and the permission of medicines. The regulations of the EURATOM treaty have legality as Atomrecht. (Okada, K.)

  18. Legal Order Founded on Human Wisdom

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2015-07-01

    Full Text Available In the present work I approach a topic of great complexity, always anchored in social actuality because it addresses to an extremely sensitive area in which law is intertwined with the human wisdom. I start from the reality that human spiritual balance as an obvious sign of human wisdom can be maintained in a secured social balance of the social order, as a manifestation of this virtue at a community level. I insist on the interferences between universal and social order in which is enrolled as an individual component the legal order. The specificity of this latter form of the inter-human relations is ensured by the peculiar physiognomy of law rules. There are rules of human behaviour which although present some own features to other social norms (generality, impersonality, typicality, these stand out by their obligation which allows, when necessary, to be done using coercive state power. Both creation and especially interpretation and application of the law rules, involves the legislature wisdom, to impose people legal orders which to order and discipline their relations with the environment in which they live and other members of human community so as to make possible a social balance and harmonious coexistence of humans. Legal order gives concreteness and expression to some fundamental valences of law: justice, equity and righteousness. Therefore, in the vast majority of live situations, especially in cases in which norms of law express “the will of the many”, they convince through their correctness and validity, harmonizing with the interests and aspirations of those whom are addressed, which exclude the intervention of human coercive force. Here, is a sign of human wisdom. But also as a sign of human wisdom can be considered appropriate and necessary the coercive intervention of the state, when the violation of a right occurred, the social order (also the legal one being more or less disturbed. In these situations, law intervention is

  19. The enforcement order for the law for arrangement of surrounding areas of power generating facilities

    International Nuclear Information System (INIS)

    1977-01-01

    The Order is based on the prescriptions of the Law for the Arrangement of Surrounding Areas of Power Generating Facilities. Those establishing power generating facilities are general and wholesale electric enterprisers provided for by the Electricity Enterprises Act as well as the Power Reactor and Nuclear Fuel Development Corporation. The generating capacity is specified as 350,000 kilowatts for nuclear and steam power generating facilities, 150,000 kilowatts for those set up by the Corporation, 100,000 kilowatts for those using coal as main fuel, and 10,000 kilowatts for water power generation and geothermal plants. The facilities closely connected to nuclear power generation include the reprocessing facilities and test and examination facilities for nuclear fuel materials used for power-generating nuclear reactors, reactors used for the research on the safety of power generating reactors, and experimental reactors for fast breeder reactors. The public facilities consist of communication facilities, and the facilities for sports and recreations, environmental hygiene, education and culture, medicine, social welfare, fire fighting, etc. Prefectural governors ought to file the arrangement plans to the competent minister through the Minister of International Trade and Industry to get the permission prescribed by the Law. The subsidy is not granted to the expenses of the enterprises undertaken by the nation or those enterprises, a part of the expenses of which is borne or subsidized by the nation. (Okada, K.)

  20. Nuclear Energy Law and Arbo Law/Safety Law

    International Nuclear Information System (INIS)

    Eijnde, J.G. van den

    1986-01-01

    The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

  1. An extraordinary decision. The Muelheim-Kaerlich order of the Federal Constitutional Court. Protection of civil rights by way of procedural law

    International Nuclear Information System (INIS)

    Mutius, A. von.

    1984-01-01

    The uthor explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights. (orig./HSCH) [de

  2. Should Principals Know More about Law?

    Science.gov (United States)

    Doctor, Tyrus L.

    2013-01-01

    Educational law is a critical piece of the education conundrum. Principals reference law books on a daily basis in order to address the wide range of complex problems in the school system. A principal's knowledge of law issues and legal decision-making are essential to provide effective feedback for a successful school.

  3. Can Law Become Curricula's Guidance Counselor?

    Science.gov (United States)

    Goslin, Kimberly G.

    2008-01-01

    This article asserts that curricula, a living text, ought to take into consideration the virtues of fairness, justice, and integrity as found in law, in order to judge controversial issues of curriculum. This assertion is argued through a comparison of jurisprudence and pedagogy, as well as law and curricula. Dworkin's (1986) contention of "law as…

  4. Conservation laws for multidimensional systems and related linear algebra problems

    International Nuclear Information System (INIS)

    Igonin, Sergei

    2002-01-01

    We consider multidimensional systems of PDEs of generalized evolution form with t-derivatives of arbitrary order on the left-hand side and with the right-hand side dependent on lower order t-derivatives and arbitrary space derivatives. For such systems we find an explicit necessary condition for the existence of higher conservation laws in terms of the system's symbol. For systems that violate this condition we give an effective upper bound on the order of conservation laws. Using this result, we completely describe conservation laws for viscous transonic equations, for the Brusselator model and the Belousov-Zhabotinskii system. To achieve this, we solve over an arbitrary field the matrix equations SA=A t S and SA=-A t S for a quadratic matrix A and its transpose A t , which may be of independent interest

  5. Yearbook of environmental and engineering law 1990

    International Nuclear Information System (INIS)

    Marburger, P.

    1990-01-01

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

  6. Design of Second-Order Sliding Mode Guidance Law Based on the Nonhomogeneous Disturbance Observer

    Directory of Open Access Journals (Sweden)

    Huibo Zhou

    2014-01-01

    Full Text Available Considering the guidance problem of relative motion of missile target without the dynamic characteristics of missile autopilot in the interception planar, non-homogeneous disturbance observer is applied for finite-time estimation with respect to the target maneuvering affecting the guidance performance. Two guidance laws with finite-time convergence are designed by using a fast power rate reaching law and the prescribed sliding variable dynamics. The nonsingular terminal sliding mode surface is selected to improve dynamic characteristics of missile autopilot. Furthermore, the finite-time guidance law with dynamic delay characteristics is designed for the target maneuvering through adopting variable structure dynamic compensation. The simulation results demonstrate that, for different target maneuvering, the proposed guidance laws can restrain the sliding mode chattering problem effectively and make the missile hit the maneuvering target quickly and accurately with condition of corresponding assumptions.

  7. Safety requirements laid down in the Atomic Energy Law and in the Law on Immission Control

    International Nuclear Information System (INIS)

    Hansmann, K.

    1981-01-01

    The paper deals with safety requirements relating to installations, laid down in the Atomic Energy Law and in the Law on Immission Control. Actually it is a matter of how the safety requirements of sect. 7 of the Atomic Energy Law can be compared with those laid down in the sections 5 and 6 of the Federal Act for the Protection Against Nuisances. In the process, three comparative levels are examined: 1. The normative conditions concerning the licencability of hazardous installations, 2. those demands that go way beyond that in order to reduce residual risks, and 3. the licensing authorities' scope of discretion. (orig./HP) [de

  8. Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law

    International Nuclear Information System (INIS)

    Schneider, Matthias Werner

    2015-01-01

    The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [de

  9. IMPERATIVES OF THE INTERNATIONAL POLITICAL AND LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2016-08-01

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

  10. [Animal Health Law-- the National Animal Health Act and the European Animal Health Law].

    Science.gov (United States)

    Bätza, Hans-Joachim; Mettenleiter, Thomas

    2013-01-01

    The Animal Health Act that replaces the Animal Disease Act, which is currently in force, creates a regulatory framework in order to not only, as has been the case so far, control animal diseases that had already broken out, but in order to already prevent in advance possible outbreaks of animal diseases by means of preventive measures. The instruments to this effect are described here. At European level, too, the idea of prevention is set to play a greater role in the future, with the draft EU legal instrument on animal health, that has to date only been discussed at Commission level, also contributing to a simplification and easier implementation by the persons subject to law by harmonising the currently fragmented Community law. It remains to be seen when the deliberations in the Council and European Parliament will begin.

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

    Directory of Open Access Journals (Sweden)

    TETYANA KOMAROVA

    2017-01-01

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

  12. The emerging international constitutional order: the implications of hierarchy in international law for the coherence and legitimacy of international decision-making

    Directory of Open Access Journals (Sweden)

    E de Wet

    2007-11-01

    Full Text Available The article examines the contours and implications of the emerging international constitutional order. The "constitutional" nature of this order relates to the fact that it contains certain fundamental substantive and structural norms that form a supreme legal framework for the exercise of public power. The substantive elements primarily include the value system of the international legal order, meaning norms of positive law with a strong ethical underpinning (notably human rights norms that have acquired a special hierarchical standing vis-à-vis other international norms through state practice. The structural elements refer to the subjects of the international legal order that collectively constitute the international community (polity, as well as the mechanisms for enforcement of the international value system. This vision of an international constitutional model is inspired by the intensification in the shift of public decision-making away from the nation state towards international actors of a regional (for example EU or functional (for example WTO, UN nature, and its eroding impact on the notion of a “total” constitutional order, where the fundamental substantive and structural norms that form the supreme legal framework for the exercise of public power are concentrated in the nation state. It is also inspired by the belief that such a supreme legal framework is only possible in a system where different national, regional and functional legal orders complement each other in order to form an international constitutional order.

  13. 76 FR 71370 - Silviu Ziscovici, M.D.; Decision and Order

    Science.gov (United States)

    2011-11-17

    ....; Decision and Order On December 10, 2010, Administrative Law Judge (ALJ) Timothy D. Wing, issued the... record in its entirety including the ALJ's recommended decision, I have decided to adopt the ALJ's... Administrative Law Judge Timothy D. Wing, Administrative Law Judge. This proceeding is an adjudication governed...

  14. International Investment Law and EU Law

    DEFF Research Database (Denmark)

    regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

  15. Maritime law and naval arms limitation: A Soviet perspective

    International Nuclear Information System (INIS)

    Vtorygin, L.

    1986-01-01

    Under conditions of the sharply aggravated international situation, there is an urgent necessity to intensify the struggle for the creation and consistent application of the principles and rules of international security law - which is a newly developing branch of modern international law. The Soviet scientists working in the field of international law regard international security law as a leading branch among the various branches of modern international law. The principles and rules of international security law are called upon to regulate international relations in the spheres of arms race limitation, in disarmament (particularly nuclear disarmament), and in the employment of naval fleets with one purpose only-to protect peace. They present, by themselves, an important group of principles and rules which influence the formation of a new international legal order in the oceans

  16. Mapping the scope and opportunities for public health law in liberal democracies.

    Science.gov (United States)

    Magnusson, Roger S

    2007-01-01

    The two questions, "What is public health law?" and "How can law improve the public's health?" are perennial ones for public health law scholars. This paper proposes a framework for conceptualizing discussion and debate about the scope and opportunities for public health law within liberal democracies. Part 2 of the paper draws selectively on this framework in order to highlight some areas where law's potential role deserves greater acknowledgment and exploration.

  17. Petroleum products fiscality in the first 2006 finance law and in the amended 2005 finance law

    International Nuclear Information System (INIS)

    2006-01-01

    The measures relative to petroleum products fiscality adopted in the amended 2005 finance law aim at adjusting the allocation of the domestic tax on petroleum products (DTPP) to the 'departements' in order to compensate for the competence transfers which took place in the framework of decentralization. They concern the agriculture and LPG sectors and prepare to the DTPP regionalization. The measures adopted in the first 2006 finance law deal with the fiscality of biofuels and with the DTPP transfers to regions. (J.S.)

  18. Abortion Law and Policy Around the World

    Science.gov (United States)

    2017-01-01

    Abstract The aim of this paper is to provide a panoramic view of laws and policies on abortion around the world, giving a range of country-based examples. It shows that the plethora of convoluted laws and restrictions surrounding abortion do not make any legal or public health sense. What makes abortion safe is simple and irrefutable—when it is available on the woman’s request and is universally affordable and accessible. From this perspective, few existing laws are fit for purpose. However, the road to law reform is long and difficult. In order to achieve the right to safe abortion, advocates will need to study the political, health system, legal, juridical, and socio-cultural realities surrounding existing law and policy in their countries, and decide what kind of law they want (if any). The biggest challenge is to determine what is possible to achieve, build a critical mass of support, and work together with legal experts, parliamentarians, health professionals, and women themselves to change the law—so that everyone with an unwanted pregnancy who seeks an abortion can have it, as early as possible and as late as necessary. PMID:28630538

  19. The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

    Directory of Open Access Journals (Sweden)

    Abdullah Gofar

    2017-07-01

    Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

  20. 76 FR 18244 - Public Land Order No. 7760; Extension of Public Land Order No. 6839; Alaska

    Science.gov (United States)

    2011-04-01

    ... (1991)), which modified Public Land Order No. 2344 (26 FR 3701 (1961)), transferred jurisdiction of... land laws, including the mining and mineral leasing laws, but not disposal of materials under the Act...

  1. The reception of Roman law in the Romano-Germanic legal family rights: the case of French law

    OpenAIRE

    André Olavo Leite

    2017-01-01

    The Romano-Germanic family of legal systems, also known as the family of civil law, comprehends the group of legal systems that traditionally trace their roots up to the Roman law and the Justinian codifications, and that identify themselves as heirs of several of its characteristics. This paper analyses the example of French law, in order to draw on the permanence of Roman law in the contemporary legal systems of the Romano-Germanic family of rights and to show that its reception in those le...

  2. Gender Equity and the Law.

    Science.gov (United States)

    Rosenberg, Judith H.

    These instructional materials focus on federal laws and executive orders that prohibit sex discrimination in employment and education. The materials consist of the following: (1) a list of some of the legislation covered; (2) a list of relevant materials and resources; (3) a list of 14 instructional activities, each described by one or a few…

  3. Consumer in insurance law

    Directory of Open Access Journals (Sweden)

    Čorkalo Milena

    2016-01-01

    Full Text Available The paper analyses the notion of consumer in the European Union law, and, in particular, the notion of consumer in insurance law. The author highligts the differences between the notion of consumer is in aquis communautaire and in insurance law, discussing whether the consumer can be defined in both field in the same way, concerning that insurance services differ a lot from other kind of services. Having regarded unequal position of contracting parties and information and technical disadvantages of a weaker party, author pleads for broad definition of consumer in insurance law. In Serbian law, the consumer is not defined in consistent way. That applies on Serbian insurance law as well. Therefore, the necessity of precise and broad definition of consumes is underlined, in order to delimit the circle of subject who are in need for protection. The author holds that the issue of determination of the circle of persons entitled to extended protection as consumers is of vital importance for further development of insurance market in Serbia.

  4. 29 CFR 801.66 - Consent findings and order.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Consent findings and order. 801.66 Section 801.66 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS APPLICATION... Administrative Law Judge; and (4) A waiver of any right to challenge or contest the validity of the findings and...

  5. Separating Batterers and Guns: A Review and Analysis of Gun Removal Laws in 50 States

    Science.gov (United States)

    Frattaroli, Shannon; Vernick, Jon S.

    2006-01-01

    Firearms play an important role in lethal domestic violence incidents. The authors review state laws regarding two policies to separate batterers from firearms: laws authorizing police to remove firearms when responding to a domestic violence complaint ("police gun removal laws") and laws authorizing courts to order guns removed from batterers…

  6. Law and the Student Press.

    Science.gov (United States)

    Stevens, George E.; Webster, John B.

    Court cases and legal decisions involving the student press in the late 1960s and early 1970s are brought together in this book in order to show how the law has been applied to school officials and student journalists in high school, college, and the underground. The ten chapters cover the following topics: censorship, libel, obscenity, contempt,…

  7. 76 FR 4369 - Special Law Enforcement Commissions

    Science.gov (United States)

    2011-01-25

    ...This notice announces the online publication of the Interim Special Law Enforcement Commission Policy, Rules and Procedures, the Interim Special Law Enforcement Commission Protocols and the Interim Domestic Violence Waiver that will be used by the Office of Justice Services following passage of the Tribal Law and Order Act of 2010. The documents are published on the Indian Affairs Web site.

  8. Abstract legal effect of juridical acts in European and Serbian law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2012-01-01

    Full Text Available In this paper the author gives an overview of the development from abstract to causal juridical acts and explains the abstract legal effect of juridical acts in present-day European civil law (in the law of Germany, Austria, Switzerland and France. He concludes that in contemporary law juridical acts cannot have full abstract legal effect, as in archaic legal orders, because modern legal orders do not allow the creation of claims and debts in a way that entirely excludes the possibility to scrutinize whether a juridical act is null and void for the infringement of public order by its aim. In relation to the law of Serbia, the author refers to the difference between juridical acts that create obligations, that is claims and debts, and acts by which the parties merely dispose of the claims and debts already imposed. This division of juridical acts has its origins in the German legal culture, but it is fairly applicable to the Serbian law, as well. The author points out that the requirement of the Law on obligations, that all juridical acts must have a valid cause, applies without exception to juridical acts imposing an obligation (the so-called Verpflichtungsgeschäfte, regardless of whether they are concluded in the form of an abstract of causal act, i.e. whether the purpose of the transaction is determinable from their content. In this context he refers to the standpoint adopted in the doctrine that the cause of juridical acts gains relevance by three means: by the agreement of the parties, objection of the respondent and when the court determines ex officio whether the contract is contrary to public order. The author supports the point of view that in Serbian law juridical acts aimed merely to disposing of claims and debts already imposed (the so-called Verfügungsgeschäfte may have a legal effect, which is independent from their cause. For these reasons, the author is of the opinion that in present-day legal orders, hence in Serbian law too

  9. Diverse cultures and official laws: multiculturalism and Euroscepticism?

    Directory of Open Access Journals (Sweden)

    Esin Örücü

    2010-11-01

    Full Text Available Normative pluralism refers to a social fact: the co-existence of different bodies of norms within the same social space. State legal pluralism indicates a single overarching national legal system but plural laws, the state recognising different rules for specific categories of persons. However, the equating of multiculturalism and legal pluralism with state law is challenged. In the modern unitary nation state of the Western type only a weak version of legal pluralism in which state centralism still prevails is acceptable. Below it is advanced that in this state the accommodation of cultural diversity and multiple normative orders can only be brought about by the judge, the tuner or the navigator and steersman of the law, by using discretion and creative interpretation and not by the legislators, whose main demarcation lines are clearly drawn within domestic law by the Constitution, and within Europe and within the EU by the demands of human rights and 'ever closer integration'. In both of the critical illustrations below - the equality of the spouses in Turkish family law and the General Principles of the CEFL on divorce and maintenance - more scope should be given to judges to cope with and to create the necessary 'fit' between law and culture that do not coincide.

  10. Mental Disorders and Decision-Making Capacity: What Is the Role of Law?

    Science.gov (United States)

    Rommelaere, Claire

    2015-03-01

    When a patient appears to have a mental disorder, doubts may arise about his or her decision-making capacity. Health professionals must then assess the patient's capacity in order to make sure of the validity of his or her consent or refusal. Incapacity has indeed legal consequences, as law provides for the appointment of a surrogate decision-maker in case of incapacity. With Belgian law as a point of departure, this contribution is aiming at identifying the role of law in capacity assessment itself, prior to the decision about (in)capacity. In order to protect the patient's rights and to support the task of those carrying out the assessment, law should provide for a global definition of decigion-making capacity and for a frame-procedure guiding this assessment. In my opinion, it is possible for law to contribute to the complex task of capacity assessment without interfering embarrassingly with healthcare practice.

  11. Globalization, Inequality & International Economic Law

    Directory of Open Access Journals (Sweden)

    Frank J. Garcia

    2017-04-01

    Full Text Available International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be examined for how it may contribute to the lessening of inequality. To do so will require a shift in the way that we think, in order to address inequality as a problem of an emerging global market society, and how best to regulate that society and its institutions.

  12. 3 CFR 13498 - Executive Order 13498 of February 5, 2009. Amendments to Executive Order 13199 and Establishment...

    Science.gov (United States)

    2010-01-01

    ... organizations; (e) to promote the better use of program evaluation and research, in order to ensure that.... (c) Membership. (1) The Council shall be composed of not more than 25 members appointed by the... proposals. (b) This order shall be implemented consistent with applicable law and subject to the...

  13. KEBERADAAN KONSEP RULE BY LAW (NEGARA BERDASARKAN HUKUM DIDALAM TEORI NEGARA HUKUM THE RULE OF LAW

    Directory of Open Access Journals (Sweden)

    Made Hendra Wijaya

    2013-11-01

    Full Text Available This research titled, the existence of the concept of rule by law (state law within thestate theories of law the rule of law, which is where the first problem: How can theadvantages of Rule by Law in the theory of law Rule of Law?, How is the dis advantages of aconcept of Rule by law in the theory of law Rule of Law.This research method using the method of normative, legal research that examines thewritten laws of the various aspects, ie aspects of the theory, history, philosophy, comparative,structure and composition, scope, and content, consistent, overview, and chapter by chapter,formality, and the binding force of a law, and the legal language used, but did not examine orimlementasi applied aspects. By using this approach of Historical analysis and approach oflegal conceptual analysis.In this research have found that the advantages of the concept of Rule by Law lies in theproviding of certainty, can also be social control for the community, thus ensuring all citizensin good order at all reciprocal relationships within the community. And Disadvantages of theconcept of Rule by Law if the Law which legalized state action is not supported by democracyand human rights, and the principles of justice, there will be a denial of human rights,widespread poverty, and racial segregation, and if the law is only utilized out by theauthorities as a means to legalize all forms of actions that violate human can inflicttotalitarian nature of the ruling

  14. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

  15. Road Transportation and Traffic Law Enforcement in Nigeria: A case ...

    African Journals Online (AJOL)

    Road Transportation and Traffic Law Enforcement in Nigeria was established in order to reduce the increasing road crashes and fatalities as well as making road users comply with traffic Laws and regulations as a counter measure, which remain as a great challenge in Nigeria. This paper discussed the roles of the Federal ...

  16. Center-vortex baryonic area law

    International Nuclear Information System (INIS)

    Cornwall, John M.

    2004-01-01

    We correct an unfortunate error in an earlier work of the author, and show that in the center-vortex picture of QCD [gauge group SU(3)] the asymptotic quenched baryonic area law is the so-called Y law, described by a minimal area with three surfaces spanning the three quark world lines and meeting at a central Steiner line joining the two common meeting points of the world lines. (The earlier claim was that this area law was a so-called Δ law, involving three extremal areas spanning the three pairs of quark world lines.) By asymptotic we mean the Y law holds at asymptotically large quark separations from each other; at separations of the order of the gauge-theory scale length, there may be Δ-like contributions. We give a preliminary discussion of the extension of these results to SU(N),N>3. These results are based on the (correct) baryonic Stokes' theorem given in the earlier work claiming a Δ law. The Y-form area law for SU(3) is in agreement with the most recent lattice calculations

  17. Environmental law and nuclear law: a growing symbiosis

    International Nuclear Information System (INIS)

    Ennerechts, S.

    2008-01-01

    This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

  18. 20 CFR 404.944 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

    ... order to receive new and material evidence. The administrative law judge may decide when the evidence... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... Determinations and Decisions Administrative Law Judge Hearing Procedures § 404.944 Administrative law judge...

  19. Professionals and tax companies: analysis of Article 9 , § 3 doDecreto Law No. 406/68 against Complementary Law No. 116/03

    Directory of Open Access Journals (Sweden)

    Michelle Portugal

    2012-04-01

    Full Text Available Analyzes the repeal of Article 9, paragraph 3 of Decree-Law No. 406/68, the qualinstituiu fixed taxation for companies that provide professional services, after the advent of Complementary Law No. 116 of 31 July 2003. presenteestudo we used the inductive method, performed by means of analysis of search bibliográficae regards the matter law. Points out the impossibility of manutençãodo the lump-sum taxation for professional service providers queestejam constituted as a company under the fence in right darepristinação Brazilian Positivo, as the Decree-Law No. 834/69 eposteriormente Complementary Law o 56/87, replaced in writing dosupracitado device, the number of services reached by fixed datributação benefit in order to make it compatible with their lists of serviçoinicialmente proposed by Decree-law 406/68. However, these diplomas legaisforam expressly repealed by Article 10 of Complementary Law No. 116 / 03.Aponta that the fact be made in the form of society is not aptoa criteria trigger disparities in the taxation of professional service providers, under penalty breach of the principle of equality. The research aims to contribute to aaplicação of Complementary Law No. 116/03, particularly as regards àtributação of professional societies, proposing some reflections on daspeculiaridades surrounding the issue, urging the debate on fixed datributação revocation, in order to seek to improve the interpretation that is damatéria now analyzed.

  20. Quantum dissipation from power-law memory

    International Nuclear Information System (INIS)

    Tarasov, Vasily E.

    2012-01-01

    A new quantum dissipation model based on memory mechanism is suggested. Dynamics of open and closed quantum systems with power-law memory is considered. The processes with power-law memory are described by using integration and differentiation of non-integer orders, by methods of fractional calculus. An example of quantum oscillator with linear friction and power-law memory is considered. - Highlights: ► A new quantum dissipation model based on memory mechanism is suggested. ► The generalization of Lindblad equation is considered. ► An exact solution of generalized Lindblad equation for quantum oscillator with linear friction and power-law memory is derived.

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

    DEFF Research Database (Denmark)

    Clausen, Nis Jul

    2011-01-01

    The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law.......The article discusses different elements and aspects of the regulation of listed companies in particular whether such regulation should be placed in company law or in financial marked law....

  2. Perceptions and attitudes with regard to public international law: empirical evidence from law students in the city of São Paulo

    Directory of Open Access Journals (Sweden)

    Marcel Kamiyama

    2017-11-01

    Full Text Available This article empirically examines, by means of a survey conducted at four universities in São Paulo, two issues related to the teaching of international law in Brazil: (1 what law students think of the discipline as a material branch of the law (its effectiveness, legitimacy etc. and (2 what they think of the discipline as a component of the law school curriculum. The first part draws upon the semiological concept of “myth” in order to paint a picture of students’ views about the place of international law in the world, as well as upon quantitative data to assess their understandings about compliance with international norms. The second part, which also relies on quantitative and qualitative data, describes students’ ideas about how international law should be taught (if at all. The responses paint a picture of mild student scepticism and dissatisfaction with teaching methods that invite a number of questions for reflection, which are raised in the final part. 

  3. Natural Law and Discursive Ethics. Natural law in Thomas Aquinas as a grammar of moral discourse

    Directory of Open Access Journals (Sweden)

    Luis Fernando Barzotto

    2010-12-01

    Full Text Available The present article is an attempt to make the Thomist ethics of the natural law intelligible to a supporter of Apel and Harbermas’s discourse ethics. In order to do so, it presents Aquinas’s theory of natural law as the moral discourse’s grammar. This ‘translation’ of Thomist ethics into contemporary terminology aims at establishing a dialogue with those who uphold discourse ethics by advancing the thesis that, Thomist ethics is superior to discourse ethics in performing the function of controlling the sense of propositions that belong to the moral discourse.

  4. Power-law and exponential rank distributions: A panoramic Gibbsian perspective

    International Nuclear Information System (INIS)

    Eliazar, Iddo

    2015-01-01

    Rank distributions are collections of positive sizes ordered either increasingly or decreasingly. Many decreasing rank distributions, formed by the collective collaboration of human actions, follow an inverse power-law relation between ranks and sizes. This remarkable empirical fact is termed Zipf’s law, and one of its quintessential manifestations is the demography of human settlements — which exhibits a harmonic relation between ranks and sizes. In this paper we present a comprehensive statistical-physics analysis of rank distributions, establish that power-law and exponential rank distributions stand out as optimal in various entropy-based senses, and unveil the special role of the harmonic relation between ranks and sizes. Our results extend the contemporary entropy-maximization view of Zipf’s law to a broader, panoramic, Gibbsian perspective of increasing and decreasing power-law and exponential rank distributions — of which Zipf’s law is one out of four pillars

  5. Power-law and exponential rank distributions: A panoramic Gibbsian perspective

    Energy Technology Data Exchange (ETDEWEB)

    Eliazar, Iddo, E-mail: eliazar@post.tau.ac.il

    2015-04-15

    Rank distributions are collections of positive sizes ordered either increasingly or decreasingly. Many decreasing rank distributions, formed by the collective collaboration of human actions, follow an inverse power-law relation between ranks and sizes. This remarkable empirical fact is termed Zipf’s law, and one of its quintessential manifestations is the demography of human settlements — which exhibits a harmonic relation between ranks and sizes. In this paper we present a comprehensive statistical-physics analysis of rank distributions, establish that power-law and exponential rank distributions stand out as optimal in various entropy-based senses, and unveil the special role of the harmonic relation between ranks and sizes. Our results extend the contemporary entropy-maximization view of Zipf’s law to a broader, panoramic, Gibbsian perspective of increasing and decreasing power-law and exponential rank distributions — of which Zipf’s law is one out of four pillars.

  6. CHAOS THEORY OF LAW: PENJELASAN ATAS KETERATURAN DAN KETIDAKTERATURAN DALAM HUKUM

    Directory of Open Access Journals (Sweden)

    . Sudjito

    2015-02-01

    Full Text Available It is of no posibilitiy to understand the complex reality of law by means of linear-mechanistic approach used to be ulitilized in rechtsdogmatiek or legal-positivism which is still dominant in the teaching of law. It needs our readiness to see the world of law not as in order but in chaos; and this is the basic reason to present the Chaos theory of law. It is hoped that this theory will enable us to explore and explain the law throroughly. Thus the law science will be the total science which does not limit itself to the positive law, the state law or the lawyer’s law. Furthermore this chaos theory is expected to give better description and comprehension of law. Order and disorder are not opposant, or white-black dichotomy, but they are interrelated, interwoven and having mutual fulfilment in a sustainably and continually change process. The Chaos theory of law, thus, constitutes a theory which is qualified to give good explanation of the complex reality of law and provide the best solution to the critical condition of law in our country.

  7. Leibniz, Lefebvre and the spatial turn in law

    Directory of Open Access Journals (Sweden)

    Isolde de Villiers

    2016-11-01

    Full Text Available This contribution takes as its point of departure the spatial turn in law and the notion of spatial justice. It traces the term ‘spatial justice’ as introduced through the Spatial Planning and Land Use Management Act and it looks at the underlying view of space that has influenced the spatial turn in law. It furthermore investigates the ways in which the spatial turn in law has been influenced by the thinking of Henri Lefebvre, who relies on a Leibnizian conception of space. Lastly the link between Leibniz and legal positivism is considered in order to reach the final conclusion in the form of a caution against merely adding the language of spatial justice to an approach to space that remains caught up in abstract space. This will only further entrench existing fault lines in society. For this conclusion the work of Roger Berkowitz is central. Berkowitz argues convincingly that the work of Leibniz was central in the development of legal positivism, despite Leibniz in general being considered as a natural law thinker. The same applies to spatial justice theory, where the work of Leibniz is central: it may present the possibilities of another law – the law as it ought to be. The law conceptualised as ‘ought’ instead of ‘is’ would promote reconciliation. Alternatively, spatial justice can simply present the law as it ‘is’ and reconfirm and deepen the chasms in our world.

  8. Strong laws for L- and U-statistics

    NARCIS (Netherlands)

    Aaronson, J; Burton, R; Dehling, H; Gilat, D; Hill, T; Weiss, B

    Strong laws of large numbers are given for L-statistics (linear combinations of order statistics) and for U-statistics (averages of kernels of random samples) for ergodic stationary processes, extending classical theorems; of Hoeffding and of Helmers for lid sequences. Examples are given to show

  9. The comparative constitutional law on national constitutional system: with regard to the IX World Congress of Constitutional Law

    OpenAIRE

    Landa Arroyo, César

    2015-01-01

    From  the  process  of  globalization  of  law,  the  comparative constitutional law has gained a leading role for a better understanding and solving old and new constitutional national and international challenges. Therefore, some assumptions and considerations to take into account are presented for the development of the national constitutional order within the framework of the comparative constitutional law, such as universality and relativism of human rights; the concept of power and cons...

  10. Intermittency and scaling laws for wall bounded turbulence

    OpenAIRE

    Benzi, R.; Amati, G.; Casciola, C. M.; Toschi, F.; Piva, R.

    1998-01-01

    Well defined scaling laws clearly appear in wall bounded turbulence, even very close to the wall, where a distinct violation of the refined Kolmogorov similarity hypothesis (RKSH) occurs together with the simultaneous persistence of scaling laws. A new form of RKSH for the wall region is here proposed in terms of the structure functions of order two which, in physical terms, confirms the prevailing role of the momentum transfer towards the wall in the near wall dynamics.

  11. The „Collateral Estoppel” Theory in International Law

    Directory of Open Access Journals (Sweden)

    Claudia ANDRIŢOI

    2011-08-01

    Full Text Available The objectives of the article are represented by the fact that the interdependence of the two legal orders, internal and international, refers to the fact that, international law without internal law signifies federalization, which the contrary situation signifies the impossibility of establishing an international community. The rules of international law are applied to national court according to national constitutions and for domestic purposed. According to the theory of the act of state, even if it would seem that, at least internal acts of implementation of international rules are subjected to internal jurisdictions, the resolutions implemented often touch the problem of security and public order that escapes the judicial competencies. But, sometimes, the refuse of controlling the resolutions of the SC has been justified according to the UN Charta supremacy. In this case, national courts have been in the position of interpreting the CS resolutions. In conclusion it results that international law will efficiency the application of positive law being at least, an instrument of interpreting, and, on the other side, national law represents an exclusive means of transposing international regulation on a state plan.

  12. 25 CFR 12.36 - Does other law enforcement training count?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Does other law enforcement training count? 12.36 Section 12.36 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Qualifications and Training Requirements § 12.36 Does other law enforcement training count? All requests for evaluation of equivalent...

  13. WORKER PROTECTION: Federal Contractors and Violations of Labor Law

    National Research Council Canada - National Science Library

    1995-01-01

    ... of Federal Contract Compliance Programs (OFCCP). Federal law and an executive order place greater responsibilities on federal contractors compared with other employers In some areas of workplace activity...

  14. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds......-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...

  15. The constitutional momentum of European contract law (II): The DCFR and the European constitutional order

    NARCIS (Netherlands)

    Mak, C.

    2009-01-01

    This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is

  16. Using law to strengthen health professions: frameworks and practice.

    Science.gov (United States)

    Verani, André; Shayo, Peter; Howse, Genevieve

    2011-01-01

    The lack of sufficient, high-quality health workers is one of the primary barriers to improving health in sub-saharan africa. An approach to address this challenge is for public health practitioners to increase their cooperation with public health lawyers, regulators and other policymakers in order to develop strengthened health workforce laws, regulations, and policies that are vigorously implemented and enforced. Conceptual frameworks can help clarify the meaning of health system governance and the pathways between law and health. International recommendations for policy interventions governing health workers provide countries with valuable guidance for domestic reforms. Monitoring and evaluation of legal, regulatory, and other policy interventions are required to ascertain their public health impact. At the intersection of law and public health, professionals from both fields can collaborate in concrete ways such as those discussed here to improve laws and policies governing health.

  17. 20 CFR 416.1444 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

    ... in order to receive new and material evidence. The administrative law judge may decide when the... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures § 416.1444...

  18. The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law

    International Nuclear Information System (INIS)

    Kuehne, G.

    2000-01-01

    The German EnWG (energy industry law) for deregulation of the energy sector and implementation of the Internal Energy Market Directive of the EU contains an obligation to contract and make rules for establishing a legally binding system for access to and use of third parties of transmission and distribution networks in the competitive electricity market. The design of such contracts under private law as well as the grid code for network operation primarily being a matter of the contracting parties, the legal basis and opportunities for governmental supervisory functions are embodied in various laws. The legal analysis of this contribution examines the current situation and asks whether the existing provisions of the German BGB (Civil Code), antitrust law and the EnWG offer practicable means in case of need for governmental supervisory action in order to ensure evolution and adherence to a legal framework that will ensure the objectives of the politically willed deregulation of the energy sector and foster development of an open market serving the public welfare. (CB) [de

  19. The incorporation of public international law into municipal law and ...

    African Journals Online (AJOL)

    Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...

  20. Euthanasia: a summary of the law in England and Wales.

    Science.gov (United States)

    Simillis, Constantinos

    2008-07-01

    When medical treatment becomes futile, or the patient's suffering is intractable, doctors face the agonising dilemma of whether to proceed with euthanasia. It is important for a doctor to be familiar with the law surrounding euthanasia, in order to avoid prosecution. This paper explores the law in England and Wales regarding the different categories of euthanasia: voluntary euthanasia, nonvoluntary euthanasia, passive euthanasia, and active euthanasia.

  1. Titius-Bode laws in the solar system. 2: Build your own law from disk models

    Science.gov (United States)

    Dubrulle, B.; Graner, F.

    1994-02-01

    Simply respecting both scale and rotational invariance, it is easy to construct an endless collection of theoretical models predicting a Titius-Bode law, irrespective to their physical content. Due to the numerous ways to get the law and its intrinsic arbitrariness, it is not a useful constraint on theories of solar system formation. To illustrate the simple elegance of scale-invariant methods, we explicitly cook up one of the simplest examples, an infinitely thin cold gaseous disk rotating around a central object. In that academic case, the Titius-Bode law holds during the linear stage of the gravitational instability. The time scale of the instability is of the order of a self-gravitating time scale, (G rhod)-1/2, where rhod is the disk density. This model links the separation between different density maxima with the ratio MD/MC of the masses of the disk and the central object; for instance, MD/MC of the order of 0.18 roughly leads to the observed separation between the planets. We discuss the boundary conditions and the limit of the Wentzel-Kramer-Brillouin (WKB) approximation.

  2. Kant Between Jusnaturalism and Legal Positivism: The Grouding and the Structure of Law

    Directory of Open Access Journals (Sweden)

    Gustavo da Encarnação Galvão França

    2016-06-01

    Full Text Available This work outlines Immanuel Kant's (1724-1804 philosophy of law, discussing its framing within jusnaturalism or legal positivism. Hence, it analyzes the contrast between the grouding of law in Kant, strongly marked by the idea of freedom as legitimizing the state and the legal order, and its structure, characterized by formalism, by logical rigor, by the exaggerated importance of enforcement and by the remaining of the validity of the order even when it goes against the idea of justice that sustains it (denial of right of resistance.

  3. Efficient robust control of first order scalar conservation laws using semi-analytical solutions

    KAUST Repository

    Li, Yanning; Canepa, Edward S.; Claudel, Christian G.

    2014-01-01

    This article presents a new robust control framework for transportation problems in which the state is modeled by a first order scalar conservation law. Using an equivalent formulation based on a Hamilton-Jacobi equation, we pose the problem of controlling the state of the system on a network link, using initial density control and boundary flow control, as a Linear Program. We then show that this framework can be extended to arbitrary control problems involving the control of subsets of the initial and boundary conditions. Unlike many previously investigated transportation control schemes, this method yields a globally optimal solution and is capable of handling shocks (i.e. discontinuities in the state of the system). We also demonstrate that the same framework can handle robust control problems, in which the uncontrollable components of the initial and boundary conditions are encoded in intervals on the right hand side of inequalities in the linear program. The lower bound of the interval which defines the smallest feasible solution set is used to solve the robust LP/MILP. Since this framework leverages the intrinsic properties of the Hamilton-Jacobi equation used to model the state of the system, it is extremely fast. Several examples are given to demonstrate the performance of the robust control solution and the trade-off between the robustness and the optimality.

  4. The Newcomb-Benford law and nuclear half-lives

    International Nuclear Information System (INIS)

    Farkas, J.; Gyuerky, Gy.

    2010-01-01

    Compete text of publication follows. The satisfaction of the Newcomb-Benford law (a.k.a. Benford's first digit law) is a long standing issue in science, and has interesting mathematical and philosophical consequences. It was identified by Newcomb in 1881 and reinvented later by Benford in 1938. The law states that the distribution of the first digit of numbers taken from various sources like magazines, scientific publications, wealth statistics, etc. . . follows the law P d = lg (1 + 1/d) (d = 1, 2, ..., 9), where d is the given digit. It was reported recently that the satisfaction of the law was observed in nuclear decay half-life datasets. Based on this fact, it was implied that the law is helpful as a test for nuclear decay models, as well as it can be used to search for new physical phenomena (like self organized criticality) which can be responsible for the satisfaction of the law. The mathematical conundrum of the Newcomb-Benford law has been solved in 2008 for numbers coming from a data set with a given distribution. The 'Benford compliance theorem' uses the Fourier transform of the probability distribution function of the numbers to identify the characteristics of the distribution responsible for the satisfaction of the law. In our work we confirmed that the halflives of radioactive nuclei satisfy the law by using two standard techniques: direct plotting and the 'ones scaling test' method. We also showed that the distribution of the half-life values closely resembles a log-normal distribution stretching through about 54 orders of magnitude. By using the Fourier transform of the distribution function we showed that the numbers with such a distribution automatically satisfy the Newcomb-Benford law, due to the compliance theorem. Thus we concluded that the satisfaction of the law provides no additional clue on whether a nuclear model is valid or not, given it produces a similar distribution of halflives as observed.

  5. The Treaty of Tordesillas and the (reInvention of International Law in the Age of Discovery

    Directory of Open Access Journals (Sweden)

    Tatiana Waisberg

    2017-05-01

    Full Text Available This paper aims to investigate some of the main features of sixteenth century international law in order to challenge traditional international law foundations. By exploring concrete cases, and indicating situations in which state and non-state actors resorted to international norms in order to promote trade and celebrate peace treaties, it is inquired whether some pre-Westphalia international trade and warfare practices may be defined as the beginning of “modern” international law.

  6. The enforcement order for the law for arrangement of surrounding areas of power generating facilities

    International Nuclear Information System (INIS)

    1980-01-01

    This rule is established under the provisions of the law for the redevelopment of the surrounding areas of power generating facilities. Persons who install power generating facilities under the law include general electric power enterprises and wholesale electric power enterprises defined under the electric enterprises act and the Power Reactor and Nuclear Fuel Development Corporation. The scale of these facilities defined under the law is 350,000 kilo-watts output for atomic and thermal power generating facilities, 10,000 kilo-watts output for the facilities utilizing geothermal energy, 100,000 kilo-watts output for facilities whose main fuel is coal, and 1,000 kilo-watts output for hydraulic power generating facilities, etc. The facilities closely related to atomic power generation include the reprocessing and examination facilities of fuel materials spent in atomic power reactors, the reactors installed by the Japan Atomic Energy Research Institute for studying on the safety of atomic power reactors, the experimental fast reactors and the uranium enrichment facilities established by the Power Reactor and Nuclear Fuel Development Corporation. The public facilities in this rule are those for communication, sport and recreation, environment hygiene, education and culture, medicine, social welfare, fire fighting, etc. Governors of prefectures who intend to get approval under the law shall file redevelopment plans to the competent minister through the Minister of the International Trade and Industry. (Okada, K.)

  7. The growing interrelationship between nuclear law and environmental law

    International Nuclear Information System (INIS)

    Bourdon, Pierre

    2015-01-01

    With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may be defined as 'the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused

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

    International Nuclear Information System (INIS)

    Breuer, R.

    1986-01-01

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

  9. Korean Waste Management Law, Presidential Decree Number 13480, and Prime Minister Order Number 397

    Science.gov (United States)

    1994-06-01

    radioactive waste or substances that are contaminated by radioactivity and medical waste (which is regulated by Medical Law), wastewater (which is regulated...be exceeded when the domestic waste is disposed a. In case where water polutant , pursuant to Table 1 of toe Enforcement Regulaton in the Water...combustion burner and extra burner * Normal operation of safety facilities • Normal operation of preventive facilities * Density of polutant out of

  10. 13 CFR 120.176 - Compliance with other laws.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Compliance with other laws. 120.176 Section 120.176 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION BUSINESS LOANS Policies Applying to All Business Loans Requirements Imposed Under Other Laws and Orders § 120.176...

  11. The Contingency of Laws of Nature in Science and Theology

    Science.gov (United States)

    Jaeger, Lydia

    2010-10-01

    The belief that laws of nature are contingent played an important role in the emergence of the empirical method of modern physics. During the scientific revolution, this belief was based on the idea of voluntary creation. Taking up Peter Mittelstaedt’s work on laws of nature, this article explores several alternative answers which do not overtly make use of metaphysics: some laws are laws of mathematics; macroscopic laws can emerge from the interplay of numerous subsystems without any specific microscopic nomic structures (John Wheeler’s “law without law”); laws are the preconditions of scientific experience (Kant); laws are theoretical abstractions which only apply in very limited circumstances (Nancy Cartwright). Whereas Cartwright’s approach is in tension with modern scientific methodology, the first three strategies count as illuminating, though partial answers. It is important for the empirical method of modern physics that these three strategies, even when taken together, do not provide a complete explanation of the order of nature. Thus the question of why laws are valid is still relevant. In the concluding section, I argue that the traditional answer, based on voluntary creation, provides the right balance of contingency and coherence which is in harmony with modern scientific method.

  12. Environmental law and sustainable development

    Directory of Open Access Journals (Sweden)

    María Oliva Sirgo Álvarez

    2017-06-01

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

  13. Abu Ghraib: Prisoner Abuse in the Light of Islamic and International Laws

    Directory of Open Access Journals (Sweden)

    Syed Serajul Islam

    2007-06-01

    Full Text Available Abstract: This study analyses the prisoner abuse at Abu Ghraib in the light of Islamic and International laws. Using documentary sources, the paper argues that Islamic law is far superior than the International law as enshrined in the Geneva Conventions and the United Nations Charter on the treatment of prisoners of war. It found the abuse of the prisoners at Abu Ghraib a routine operation carried out in obedience to orders issued by the higher authorities. The photographs portraying images of dehumanization in Abu Ghraib is unacceptable either in Islamic or international law.

  14. A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

    Science.gov (United States)

    Farquharson, Lauren

    2017-03-01

    Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

  15. Morality, ethics, and law: introductory concepts.

    Science.gov (United States)

    Horner, Jennifer

    2003-11-01

    The purpose of this article is to differentiate morality, ethics, and law. Morality refers to a set of deeply held, widely shared, and relatively stable values within a community. Ethics as a philosophical enterprise involves the study of values, and the justification for right and good actions, as represented by the classic works of Aristotle (virtue ethics), Kant (duty-based ethics), and Bentham and Mill (utilitarian and consequentialist ethics). Applied ethics, in contrast, is the use of ethics principles (e.g., respect for autonomy, beneficence, and nonmaleficence, justice) in actual situations, such as in professional and clinical life. Finally, law is comprised of concrete duties established by governments that are necessary for maintaining social order and resolving disputes, as well as for distributing social resources according to what people need or deserve.

  16. Europeanisation of private law and English law

    OpenAIRE

    Beale, Hugh

    2003-01-01

    To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law

  17. Principles of subsidiarity and proporcionality in tax law enforcement

    Directory of Open Access Journals (Sweden)

    Karina Ponomareva

    2017-01-01

    Full Text Available Subject. The principles of subsidiarity proportionality, which serve as the basic principles fordetermining the competence of integration associations, are considered in the article.Aim. The aim of this paper is to analyse the place and the importance of Member States’ obligationsderiving from the EU legal order in order to address the relationships between EU lawand national tax law, as well as to analyse the practice of using of principles of subsidiarity andproportionality by the highest courts of the Russian Federation as a federal state.Methodology. The author uses methods of theoretical analysis, particularly the theory ofintegrative legal consciousness, as well as legal methods, including formal legal method andcomparative law.Results, scope. The exercise of power by the European Union in the areas of shared competencemust respect the principle of subsidiarity. The founding Treaties make clear thatsubsidiarity is a legal enforceable legal principle. However. the case law of the EuropeanCourt of Justice reveals that the enforcement of subsidiarity as a judicial principle has beenineffective.The article examines cross-border loss relief for group companies in the context of EuropeanUnion law and considers how this has affected Member States such as the UK. Thecase law of the Court of Justice is then analysed in an attempt to assess whether some ofthe principles set out in these legislative initiatives found their way to Member State lawsthrough the Court's jurisprudence. Following this, the judicial and legislative response tothe Marks & Spencer judgment in the UK are critically assessed.The practical suggestions are looking at developing EU compatible tax principles to be appliedto cross-border taxation within the EU.Having considered the principles of subsidiarity and proportionality in the context of interactionbetween integration and national tax law, the author suggests directions for improvingthe practice of integration tax law. The

  18. [Ethics and laws related to human subject research].

    Science.gov (United States)

    Chiu, Hui-Ju; Lee, Ya-Ling; Chang, Su-Fen

    2011-10-01

    Advances in medical technology rely on human subject research to test the effects on real patients of unproven new drugs, equipment and techniques. Illegal human subject research happens occasionally and has led to subject injury and medical disputes. Familiarity with the laws and established ethics related to human subject research can minimize both injury and disputes. History is a mirror that permits reflection today on past experience. Discussing the Nuremberg Code, the Declaration of Helsinki and Belmont Report, this article describes the laws, ethics, history and news related to human subject research as well as the current definition and characteristics of human subject research. Increasing numbers of nurses serve as research nurses and participate in human subject research. The authors hope this article can increase research nurse knowledge regarding laws and ethics in order to protect human research subjects adequately.

  19. The laws of software process a new model for the production and management of software

    CERN Document Server

    Armour, Phillip G

    2003-01-01

    The Nature of Software and The Laws of Software ProcessA Brief History of KnowledgeThe Characteristics of Knowledge Storage MediaThe Nature of Software DevelopmentThe Laws of Software Process and the Five Orders of IgnoranceThe Laws of Software ProcessThe First Law of Software ProcessThe Corollary to the First Law of Software ProcessThe Reflexive Creation of Systems and ProcessesThe Lemma of Eternal LatenessThe Second Law of Software ProcessThe Rule of Process BifurcationThe Dual Hypotheses of Knowledge DiscoveryArmour's Observation on Software ProcessThe Third Law of Software Process (also kn

  20. Contract formation in cyberspace: a comparative study of Australian, American and Iraqi laws

    OpenAIRE

    Hadi, Iman Majeed

    2017-01-01

    Electronic commerce is an increasingly vital part of national economies and the global economy. The promotion of electronic commerce requires clear and effective laws. As electronic contracts are the building blocks for electronic commerce, it is essential for national laws, especially in developing countries, to be sufficiently certain and appropriately adapted to promote electronic commerce. This thesis formulates recommendations for reforming Iraqi contract law in order to promote the a...

  1. Hall magnetohydrodynamics: Conservation laws and Lyapunov stability

    International Nuclear Information System (INIS)

    Holm, D.D.

    1987-01-01

    Hall electric fields produce circulating mass flow in confined ideal-fluid plasmas. The conservation laws, Hamiltonian structure, equilibrium state relations, and Lyapunov stability conditions are presented here for ideal Hall magnetohydrodynamics (HMHD) in two and three dimensions. The approach here is to use the remarkable array of nonlinear conservation laws for HMHD that follow from its Hamiltonian structure in order to construct explicit Lyapunov functionals for the HMHD equilibrium states. In this way, the Lyapunov stability analysis provides classes of HMHD equilibria that are stable and whose linearized initial-value problems are well posed (in the sense of possessing continuous dependence on initial conditions). Several examples are discussed in both two and three dimensions

  2. Android-based E-Traffic law enforcement system in Surakarta City

    Science.gov (United States)

    Yulianto, Budi; Setiono

    2018-03-01

    The urban advancement is always overpowered by the increasing number of vehicles as the need for movement of people and goods. This can lead to traffic problems if there is no effort on the implementation of traffic management and engineering, and traffic law enforcement. In this case, the Government of Surakarta City has implemented various policies and regulations related to traffic management and engineering in order to run traffic in an orderly, safe and comfortable manner according to the applicable law. However, conditions in the field shows that traffic violations still occurred frequently due to the weakness of traffic law enforcement in terms of human resources and the system. In this connection, a tool is needed to support traffic law enforcement, especially in relation to the reporting system of traffic violations. This study aims to develop an Android-based traffic violations reporting application (E-Traffic Law Enforcement) as part of the traffic law enforcement system in Surakarta City. The Android-apps records the location and time of the traffic violations incident along with the visual evidence of the infringement. This information will be connected to the database system to detect offenders and to do the traffic law enforcement process.

  3. An Order-Theoretic Quantification of Contextuality

    Directory of Open Access Journals (Sweden)

    Ian T. Durham

    2014-09-01

    Full Text Available In this essay, I develop order-theoretic notions of determinism and contextuality on domains and topoi. In the process, I develop a method for quantifying contextuality and show that the order-theoretic sense of contextuality is analogous to the sense embodied in the topos-theoretic statement of the Kochen–Specker theorem. Additionally, I argue that this leads to a relation between the entropy associated with measurements on quantum systems and the second law of thermodynamics. The idea that the second law has its origin in the ordering of quantum states and processes dates to at least 1958 and possibly earlier. The suggestion that the mechanism behind this relation is contextuality, is made here for the first time.

  4. An Authentic Interpretation of Laws

    Directory of Open Access Journals (Sweden)

    Teodor Antić

    2015-01-01

    Full Text Available Authentic interpretation of laws is a legal institute whereby a legislator gives the authentic meaning to a specific legal norm in case of its incorrect or diversified interpretation in practice. It has the same legal force as the law. Retroactivity and influence on pending cases are its inherent characteristics. Due to these characteristics and their relation to the principles of the rule of law, legal certainty and separation of powers, it is subjected to severe criticism not only by legal theory but also legal practice. The author analyses the institute of authentic interpretation from historical and comparative point of view and through the Croatian normative regulation, practice of the Croatian Parliament and academic debate, including opinions in favour as well as against it. On these grounds the author concludes that higher quality of law making procedure could make the authentic interpretation dispensable. On the other hand, should this institute be kept in the legal order it is essential to receive more effective constitutional control.

  5. Equipartition, Plank's radiation law and quanta

    International Nuclear Information System (INIS)

    Jesudason, C.G.

    1992-01-01

    By extending the concept of equipartition, it is possible to derive a nonquantum version of Planck's radiation law, without ad hoc assumptions of zero point, zero temperature random radiation which violates classical thermodynamical principles. The meaning of the Planck constant is discussed together with the quantum hypothesis, and applied to the photoelectric effect. A coarse-averaged description, which may be refined to any order is employed throughout

  6. 20 CFR 405.320 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

    ...) Conduct of the hearing. The administrative law judge will decide the order in which the evidence will be... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.320...

  7. Mercati, identità e diritto in America Latina - Markets, identity and law in Latin America

    Directory of Open Access Journals (Sweden)

    Antonio Luigi Palmisano

    2014-06-01

    Full Text Available Identities, and ethnic identities in particular, are the in fieri result of complex social and cultural processes which show how much the identities of the social actors are multiple, in transition, situational and constantly negotiated. However, the structure of the dominating social and political order of the contemporary post-global era coincides with the order of the financial markets. Based upon the ethnographies of Latin America this article claims that this new order interacts antagonistically with the structures which are acknowledged, proposed or anyway regulated by both the national juridical systems (customary law, Constitution, civil and penal law and international law toward processes of fixation and reification of the identities. The social actor is thus reduced and constrained in the mono-role of consumer up to indebtedness and to his consequent epiphany as res. The way to a law without State is thus open: an icon and embodiment of elitist ideologies that are at the same time active and hidden but deeply inscribed the new order of the financial markets which convey social Darwinism and the subordination of man to financial capital.

  8. Power laws in Ising nanostripes

    International Nuclear Information System (INIS)

    Drzewinski, A.; Sznajd, J.; Szota, K.

    2005-01-01

    The results of high accuracy density-matrix renormalization-group calculations for infinite Ising stripes of finite widths 100 ≤ L ≤ 400 are presented. It is shown that in the presence of the small external magnetic field the infinite system critical power laws can be observed for L of order hundreds nm. The single power law describes the field dependence of the magnetization or the longitudinal correlation length only on the infinite system critical isotherm independently of the value of L. The approximate power law which describes how the magnetization varies with a distance from the infinite system critical point for several directions in the plane (temperature, external field) is also studied. (author)

  9. 12 CFR 19.132 - Disciplinary orders.

    Science.gov (United States)

    2010-01-01

    ... PROCEDURE Disciplinary Proceedings Involving the Federal Securities Laws § 19.132 Disciplinary orders. (a... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Disciplinary orders. 19.132 Section 19.132... Comptroller may serve on the bank or persons concerned a disciplinary order, as provided in the Exchange Act...

  10. Scaling laws for coastal overwash morphology

    Science.gov (United States)

    Lazarus, Eli D.

    2016-12-01

    Overwash is a physical process of coastal sediment transport driven by storm events and is essential to landscape resilience in low-lying barrier environments. This work establishes a comprehensive set of scaling laws for overwash morphology: unifying quantitative descriptions with which to compare overwash features by their morphological attributes across case examples. Such scaling laws also help relate overwash features to other morphodynamic phenomena. Here morphometric data from a physical experiment are compared with data from natural examples of overwash features. The resulting scaling relationships indicate scale invariance spanning several orders of magnitude. Furthermore, these new relationships for overwash morphology align with classic scaling laws for fluvial drainages and alluvial fans.

  11. Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation

    Directory of Open Access Journals (Sweden)

    Marieta SAFTA

    2012-06-01

    Full Text Available This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.

  12. Exact thermodynamic principles for dynamic order existence and evolution in chaos

    International Nuclear Information System (INIS)

    Mahulikar, Shripad P.; Herwig, Heinz

    2009-01-01

    The negentropy proposed first by Schroedinger is re-examined, and its conceptual and mathematical definitions are introduced. This re-definition of negentropy integrates Schroedinger's intention of its introduction, and the subsequent diverse notions in literature. This negentropy is further corroborated by its ability to state the two exact thermodynamic principles: negentropy principle for dynamic order existence and principle of maximum negentropy production (PMNEP) for dynamic order evolution. These principles are the counterparts of the existing entropy principle and the law of maximum entropy production, respectively. The PMNEP encompasses the basic concepts in the evolution postulates by Darwin and de Vries. Perspectives of dynamic order evolution in literature point to the validity of PMNEP as the law of evolution. These two additional principles now enable unified explanation of order creation, existence, evolution, and destruction; using thermodynamics.

  13. The uneasy marriage between Law and Equality

    NARCIS (Netherlands)

    Westerman, Pauline C.

    2015-01-01

    There are two ways in which the social ideal of equality has found expression in the law: in the principle of equal treatment and in the principle of non-discrimination. In this article the meaning of these two legal principles is analysed, in order to answer the question to what extent they can be

  14. The Emergence of Governance and the Function of Law

    DEFF Research Database (Denmark)

    Kjær, Poul F.

    2015-01-01

    such orders are made possible. They structure the transposition of condensed social components such as economic products and capital, political decisions, legal judgments, scientific knowledge, and religious acts of salvation from one order to another, thereby allowing coevolution to unfold. In this context......, law and legal instruments gain a central role since legal formalization is the central element that enables successful transfers to take place....

  15. Comparative law as method and the method of comparative law

    NARCIS (Netherlands)

    Hage, J.C.; Adams, M.; Heirbaut, D.

    2014-01-01

    This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does

  16. Ecology and basic laws

    International Nuclear Information System (INIS)

    Mayer-Tasch, P.C.

    1980-01-01

    The author sketches the critical relation between ecology and basic law - critical in more than one sense. He points out the incompatibility of constitutional states and atomic states which is due to constitutional order being jeopardised by nuclear policy. He traces back the continuously rising awareness of pollution and the modern youth movement to their common root i.e. the awakening, the youth movement of the turn of the century. Eventually, he considers an economical, political, and social decentralization as a feasible alternative which would considerably relieve our basic living conditions from the threatening forms of civilization prevailing. (HSCH) [de

  17. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1979-01-01

    The order is enacted under the law for the regulations of nuclear source materials, nuclear fuel materials and reactors. Any person who engages in refining business shall get designation for each works or place of enterprise. The application shall be filed through the director of International Trade and Industry Office in charge of the location of the works or the enterprise with a business program and other specified documents attached. Any person who undertakes processing business shall get permission for each works or place of enterprise. The application shall be submitted with a business program and other documents defined by the Ordinance of the Prime Minister's Office. Any person who sets up reactor shall get permission for each works or place of enterprise. The application shall be presented with a financial project and other documents stipulated by the ordinance. Fast breeding reactor, heavy-water moderated boiling water reactor and light-water moderated pressurized water reactor are designated as reactor in the phase of research and development. Each foreign nuclear ship equipped with reactor which enters into Japanese waters shall get permission of the Minister of Transport. The application shall be presented with the papers explaining safety of reactor facilities and other documents provided by the ordinance of the ministry concerned. (Okada, K.)

  18. Scaling laws and higher-order effects in Coulomb excitation of neutron halo nuclei

    International Nuclear Information System (INIS)

    Typel, S.; Baur, G.

    2008-01-01

    Essential properties of halo nuclei can be described in terms of a few low-energy constants. For neutron halo nuclei, analytical results can be found for wave functions and electromagnetic transition matrix elements in simple but well-adapted models. These wave functions can be used to study nuclear reactions; an especially simple and instructive example is Coulomb excitation. A systematic expansion in terms of small parameters can be given. We present scaling laws for excitation amplitudes and cross-sections. The results can be used to analyze experiments like 11 Be Coulomb excitation. They also serve as benchmark tests for more involved reaction theories. (orig.)

  19. China's Juvenile Delinquency Prevention Law: the law and the philosophy.

    Science.gov (United States)

    Lening Zhang; Jianhong Liu

    2007-10-01

    The present study introduces and discusses the Juvenile Delinquency Prevention Law of the People's Republic of China. The law was promulgated in the context of Chinese socioeconomic reforms and legal reforms in response to the rising delinquency since the early 1980s. The study explains the social and political background of the law with respect to the patterns of delinquency in China. The law has several main features that reflect the Chinese philosophical underpinnings of crime prevention and control, and the study discusses the connection between the law and the traditional Chinese philosophy and thinking. Finally, the study discusses the challenges to the enforcement of the law in Chinese society, which has lacked a legal tradition in its history.

  20. Intrinsic symmetry of the scaling laws and generalized relations for critical indices

    International Nuclear Information System (INIS)

    Plechko, V.N.

    1982-01-01

    It is shown that the scating taws for criticat induces can be expressed as a consequence of a simple symmetry principle. Heuristic relations for critical induces of generalizing scaling laws for the case of arbitrary order parameters are presented, which manifestiy have a symmetric form and include the standard scalling laws as a particular case

  1. Risks and risk assessment according to the law of the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Lukes, R.

    1980-01-01

    In civil and criminal law, danger is defined as the imminent possibility of an infringement of rights protected by the law. In the general law governing the security forces and public order, too, the concept of danger has been clearly defined, and, therefore the author discusses the guiding criteria for the definition of danger concepts for police regulations and the law governing supervision. In the legal fields of governmental supervision, the legislature - for reasons of preventing danger and for the protection of the public - has introduced public licensing, notification duties, information or other supervisory measures. By means of the industrial law, the law on emission control and the atomic energy law, criteria for the definition danger and danger assessment are described. (HSCH) [de

  2. 2010 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2010 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  3. 2009 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2009 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  4. A Democratic Ideal? From Judicial Activism to Constitutionalization of Law

    Directory of Open Access Journals (Sweden)

    Luisa Fernanda García López

    2013-12-01

    Full Text Available The constitutionalization of law in Colombia is due to an active participation of the judge, in particular, of the constitutional judge. The judicial precedent source of law is an example of the inclusion of the judge on the constitutional stage as guarantor of democracy and law. The democratic ideal irreversibly includes the constitutional judge and his interpretations. The overinterpretation of law answers to a broad interpretation of the Constitution and to a building of norms that contribute something to fill the gaps in the law. Thus eoconstitutionalism is constitutionalizing the juridical order.

  5. Cayley number and conservation laws for elementary particles

    International Nuclear Information System (INIS)

    Vollendorf, F.

    1975-01-01

    It is shown that the five conservation laws of charge, hyper-charge, barion number and the two lepton numbers lead to the construction of a commutative non-associative 24 dimensional linear algebra. Each element of the algebra is an ordered set of three Cayley numbers. (orig.) [de

  6. Evaluation of Tobacco Control Law at Cafe’ and Restaurants

    Directory of Open Access Journals (Sweden)

    Hilal Özcebe

    2015-04-01

    Full Text Available Objective: This study was conducted in order to evaluate ideas of some cafe and restaurants’ clients and workers about the tobacco control law three years after entering into force in a central district in Ankara in 2008. Methods: In the descriptive study;105 management, 113 worker and 386 client was visited, face to face interviews were done using two different questionnaire form and another form for managements’ evaluation. SPSS 15.0 statistical package program, Chi-square and t-tests were used. Administrative leave was taken. Results: Mean age of workers was 30.1±8.32 years; 82.3% were men, 54.0% smoker; with clients the values are 27.7±8.61 years; 53.6% women and 39.4% were smokers. There’s a difference between smokers and non- smokers’ ideas about the hazards; death due to second-hand smoking (p=0.024; p<0.01. 80.3% of smokers and 74.3% of non-smokers knew the law in restaurants serving alcoholic beverages. Acceptance of the idea of the law could help to quit smoking was significantly different between smoker/non smoker workers and smoker/non smoker clients (p=0.004;p<0.001. According to observations, 7.6% of the managements didn’t have law related plaque, 94.1% had smoking free areas, 57.1% had show window, 22.7% had smoking individuals and 12.6% had ashtray. Conclusion: Tobacco use is an individualistic reality but also a public health issue. Publicly acceptance of 45 law and implementations are needed besides individual perceptions. Implementations must be inspected and Smokers’ observance of the rules must be supplied in order to decrease tobacco use and related health complications.

  7. Constitutionalization of international investment law: Indirect expropriation cases, fair and equitable treatment

    Directory of Open Access Journals (Sweden)

    César Higa

    2013-12-01

    Full Text Available The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i International Investment Law is part of Peruvian Legal System; (ii provisions of these laws are mandatory and should be applied domestically; and (iii interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development.

  8. Delitto d’onore, ordine tribale e Stato - Honour crimes, tribal order and the State

    Directory of Open Access Journals (Sweden)

    Ariane Baghaï

    2012-06-01

    Full Text Available Globalization does not only mean that the Western world is pervading the non-Western world but also that the non-Western world, through migration processes, moves and settles in the Western world. The impressive number of honor crimes committed every year in the Western world suggests that a different social political order is acting on the Western stage. Honor crimes are committed in Muslim communities that have their roots in those parts of the Muslim world which have tribal societies on their territories, i.e. tribal institutions and laws which interact with or ignore State law. This is a political order which is stateless and based on blood ties – the author calls it an “ematocracy” – and it is perfectly able to survive within the different shapes taken by the State – when there is the State – but also without the State when it is considered as unreliable or when, for some reasons, it collapses. The author argues that political order based on blood ties is considered as reliable by the social actors since it is permanent and in expansion: blood ties reproduce themselves as long as there is life. And women – as protagonists of reproduction processes – are unfortunately at the heart of the conflict between State laws and customary law both in their home countries and in their new homes. Through an analysis of the intertwinement between State law and customary law, in some of the home countries of the migrants, and between shariya and customary law in the classical doctrine, the author shows how this process of ordering the world carries on its political projects in the post-global context.

  9. THE INFLUENCE OF THE CULTURE OF LAW IN LAW ENFORCEMENT CRIMINAL ACTS IN THE FIELD OF FISHERIES

    Directory of Open Access Journals (Sweden)

    Abd Asis

    2015-07-01

    Full Text Available Indonesia has the potential of marine and fisheries and a good variety of renewable or not renewable, but in the field fishery optimally still hampered with the rampant practice of catching fish illegally or criminal acts in the field of fisheries. The purpose of this writing is to know the influence of the culture of law in law enforcement criminal acts in the field of fisheries. Writing this type of normative research using secondary data, then the data were analyzed qualitatively-normative, examine the way interpret and construct the statement contained in document per-Act. The results showed that the law is strongly influenced by factors such as, among others: values, attitudes, and the community's view of called with cultures of law. Based on legal cultures which may give rise to differences in law enforcement between the communities that one with other communities. The legal culture is linked to the professionalism of law enforcers in the exercise of his duties, and public awareness in adhering to the law itself. Overall attitudes and values and behavior that determine the applicable law on society. Thus, the construction of the legal awareness should be oriented in an effort to promote the values underlying the legislation in question as well as paying attention to the communication of the ruling factor in order for the contents of such laws can be known by the public at large as the target of the rule of law itself. So the culture of the law contains the meaning of the process of internalization of values that are alive and thriving in the community who can serve as a cornerstone in understanding and law enforcement especially in the field of fisheries. Therefore, the fundamental issues should be against the law as already described above should be addressed properly

  10. EPA Administrative Law Judge Legal Documents

    Data.gov (United States)

    U.S. Environmental Protection Agency — This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the...

  11. Higher order supersymmetries and fermionic conservation laws of the supersymmetric extension of the KdV equation

    NARCIS (Netherlands)

    Kersten, P.H.M.

    1988-01-01

    By the introduction of nonlocal basonic and fermionic variables we construct a recursion symmetry of the super KdV equation, leading to a hierarchy of bosonic symmetries and one of fermionic symmetries. The hierarchies of bosonic and fermionic conservation laws arise in a natural way in the

  12. PROCEDURAL ASPECTS REGARDING CORRUPTION CRIMES AS STIPULATED IN THE CRIMINAL CODE OF LAW AND LAW NO. 78/2000

    Directory of Open Access Journals (Sweden)

    Anca Lelia Lorincz

    2012-11-01

    Full Text Available The intensification of the European political and economic integration also requires that our country contributes to continuing the tradition of incriminating criminal deeds perpetrated in the business field. Romanian authorities display their constant interest in expanding their knowledge of the crime phenomenon in this field, while looking to identify effective means to control it. Within this context, corruption crimes approached in the Criminal Code of Law and in Law no. 78/2000 take a distinct place within the group of crimes for which prevention and combating is regulated under the Business Criminal Code of Law. In order to ensure celerity in solving criminal cases involving corruption crimes, certain derogations from the usual procedure were required, as well as enforcement of a special procedure; also, specific procedural aspects regarding corruption crimes need to be retained as we look at the coming into force of the new criminal and criminal procedure legislation.

  13. UNCLOS and International Law

    DEFF Research Database (Denmark)

    Martinez Romera, Beatriz; Coelho, Nelson F.

    2018-01-01

    , treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding...... the relative role of this treaty among other sources of international law....

  14. Workforce, subject of law and education: introductory notes

    Directory of Open Access Journals (Sweden)

    Carolina Roig Catini

    2016-06-01

    Full Text Available This article consists of an introductory exposition to the Marxist critique of law that, as we aim to demonstrate, provides relevant conceptual contributions to critical reflection on the specifically capitalistic social relations of education. It is an analysis of the fundamental concepts that circumscribe the social function of massive education in capitalism, under hegemony of the school form: workforce and subject of law. The mercantile social nexus, under the aegis of the blind and automatic movement of capital accumulation foresees not only the generalization of the worker "free" from the means of production, but also the universalization of the law-form, which conceals the economic subordination under the mask of equality between private owners. In the first section we briefly resumed a critical interpretation of the work presented by Karl Marx in Capital, in order to move on to the Marxist critique of law and in the second part, based on Evgène Pachukanis, Walter Benjamin and Bernard Edelman´s studies. Based on this presentation, we extract, by way of conclusion and in a preliminary way, some theoretical consequences for the apprehension of the specifically capitalist way of education. Keywords: Education. Work. Merchandise.

  15. Nuclear law and law of the sea - a synthesis

    International Nuclear Information System (INIS)

    Courteix, S.

    1976-01-01

    The general idea behind the work of the Paris Colloqium on Nuclear Law and Law of the Sea was that of an agreement and sometimes opposition between two specificities, that of the law of the maritime and, in particular, ocean environment, and that of the law of nuclear techniques. These relationships were studied notably in the perspective of the problems of transport of nuclear materials and their liability insurance, as well as from the viewpoint of the operation of nuclear powered ships. Another problem studied in this context is that of radioactive marine pollution. (N.E.A.) [fr

  16. SCALING LAW FOR THE IMPACT OF MAGNET FRINGE FIELDS

    International Nuclear Information System (INIS)

    WEI, J.; PAPAPHILIPPOU, Y.; TALMAN, R.

    2000-01-01

    A general scaling law can be derived for the relative momentum deflection produced on a particle beam by fringe fields, to leading order. The formalism is applied to two concrete examples, for magnets having dipole and quadrupole symmetry. During recent years, the impact of magnet fringe fields is becoming increasingly important for rings of relatively small circumference but large acceptance. A few years ago, following some heuristic arguments, a scaling law was proposed [1], for the relative deflection of particles passing through a magnet fringe-field. In fact, after appropriate expansion of the magnetic fields in Cartesian coordinates, which generalizes the expansions of Steffen [2], one can show that this scaling law is true for any multipole magnet, at leading order in the transverse coefficients [3]. This paper intends to provide the scaling law to estimate the impact of fringe fields in the special cases of magnets with dipole and quadrupole symmetry

  17. The order for enforcing the law on indemnity agreement for compensation of nuclear damage

    International Nuclear Information System (INIS)

    1980-01-01

    The cabinet ordinance is established under the provisions of the law concerning atomic energy damage indemnification contract. The damage indemnifications in this law cover the occasions when there is not the cause for atomic energy damages due to the violation of the specified provisions of the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors, the failures of operation facilities for reactors and natural calamity or the deed of a third party. The rate of indemnification fees is stipulated at 5/10,000. An enterpriser of atomic energy business shall inform the following matters to the government concerning the indemnification contracts. The objects of operation of reactors; the types, thermal output and number of reactors; the names and addresses of works or places of business where reactors are set up; the locations, structures and equipments of reactor facilities; beginning dates and expected ending dates of the operation on reactors; the kinds and estimated quantities of use in a year of nuclear fuel materials employed for reactors; the methods of disposal of spent fuels and the matters concerning liability insurance contracts. The matters to be reported to the government are specified respectively for the indemnification contracts for the processing, reprocessing, use, transport and disposal of nuclear fuel materials. The payment of indemnification fees and indemnities, the cancellation of indemnification contracts and the fines for default are particularly defined. (Okada, K.)

  18. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2003-07-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle; (b) The security principle; (c) The responsibility principle; (d) The permission principle; (e) The continuous control principle; (f) The compensation principle; (g) The sustainable development principle; (h) The compliance principle; (i) The independence principle; (j) The transparency principle; (k) The international co-operation principle

  19. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2006-06-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  20. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2006-02-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  1. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  2. EM NOME DA LEI: DIREITO, ESCRITURA E DESCONSTRUÇÃO IN THE NAME OF THE LAW: LAW, WRITING AND DECONSTRUCTIONES

    Directory of Open Access Journals (Sweden)

    DANIEL GOMES MACHADO

    2012-12-01

    Full Text Available Resumo: Na medida em que se impõe ao pensamento, a desconstrução pode ser vista como uma lei, a Lei mesma. A desconstrução do direito implica em situá-lo no contexto da escritura, para enxergar sua submissão à différance, ao jogo de remetimentos da linguagem. A lei da desconstrução atua na desconstrução da lei, revelando aporias e fragilidades da ordem jurídica, bem como dos conceitos tradicionais de direito natural e direitos humanos. A desconstrução do direito faz emergir a justiça como indecidibilidade, o dever de decidir pelo justo, mesmo quando não se pode afirmar pela presença da justiça. Direito, escritura e desconstrução convergem, enfim, na noção de uma hospitalidade sem restrições.Abstract: Since it is imposed to thinking, deconstruction can be seen as a law, the Law itself. Deconstruction of law is to put it in the context of writing, to notice its submission to the différance, to the play in the language. The law of deconstruction acts in the deconstruction of law, revealing paradoxes and fragilities of juridical order, as well as concepts of natural law and human rights. Finally, deconstruction of law brings with it justice as undecidability, such as the obligation to make fair decisions, even when it is not possible to state the presence of justice. Law, writing and deconstruction converge then to justice, understood as the hospitality.

  3. Laboratory Constraints on Chameleon Dark Energy and Power-Law Fields

    International Nuclear Information System (INIS)

    Steffen, J. H.; Baumbaugh, A.; Chou, A. S.; Mazur, P. O.; Tomlin, R.; Wester, W.; Upadhye, A.; Weltman, A.

    2010-01-01

    We report results from a search for chameleon particles created via photon-chameleon oscillations within a magnetic field. This experiment is sensitive to a wide class of unexplored chameleon power-law and dark energy models. These results exclude 5 orders of magnitude in the coupling of chameleons to photons covering a range of 4 orders of magnitude in chameleon effective mass and, for individual models, exclude between 4 and 12 orders of magnitude in chameleon couplings to matter.

  4. Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

    Directory of Open Access Journals (Sweden)

    Yeni Salma Barlinti

    2011-01-01

    Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

  5. Some comments on the current (and future) status of Muslim personal law in South Africa

    OpenAIRE

    Rautenbach, Christa

    2004-01-01

    The state law of South Africa consists of the common law and the customary law. However, in reality there exist various cultural and religious communities who lead their private lives outside of state law. For example, the Muslim community in South Africa is a close-knit community which lives according to their own customs and usages. Muslims are subject to informal religious tribunals whose decisions and orders are neither recognised nor reviewable by the South African courts. The non-recogn...

  6. The Evolution of the Social Criminal Law on an International Wide Scale

    Directory of Open Access Journals (Sweden)

    Radu Razvan Popescu

    2009-06-01

    Full Text Available Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the labor criminal law, as an interference zone between the criminal law and labor law, has to be regarded from the internal social realities governing the labor aspects, as well from the comparative law's point of view.

  7. Optimal enforcement of competition law

    NARCIS (Netherlands)

    Motchenkova, E.

    2005-01-01

    Despite the recent theoretical developments in the field of antitrust law enforcement, much still needs to be done in order to prevent collusion and price-fixing in the major indiustries. Although penalties were recently increased considerably and new instruments of cartel deterrence such as

  8. Newton's law in braneworlds with an infinite extra dimension

    OpenAIRE

    Ito, Masato

    2001-01-01

    We study the behavior of the four$-$dimensional Newton's law in warped braneworlds. The setup considered here is a $(3+n)$-brane embedded in $(5+n)$ dimensions, where $n$ extra dimensions are compactified and a dimension is infinite. We show that the wave function of gravity is described in terms of the Bessel functions of $(2+n/2)$-order and that estimate the correction to Newton's law. In particular, the Newton's law for $n=1$ can be exactly obtained.

  9. Fractality and the law of the wall

    Science.gov (United States)

    Xu, Haosen H. A.; Yang, X. I. A.

    2018-05-01

    Fluid motions in the inertial range of isotropic turbulence are fractal, with their space-filling capacity slightly below regular three-dimensional objects, which is a consequence of the energy cascade. Besides the energy cascade, the other often encountered cascading process is the momentum cascade in wall-bounded flows. Despite the long-existing analogy between the two processes, many of the thoroughly investigated aspects of the energy cascade have so far received little attention in studies of the momentum counterpart, e.g., the possibility of the momentum-transferring scales in the logarithmic region being fractal has not been considered. In this work, this possibility is pursued, and we discuss one of its implications. Following the same dimensional arguments that lead to the D =2.33 fractal dimension of wrinkled surfaces in isotropic turbulence, we show that the large-scale momentum-carrying eddies may also be fractal and non-space-filling, which then leads to the power-law scaling of the mean velocity profile. The logarithmic law of the wall, on the other hand, corresponds to space-filling eddies, as suggested by Townsend [The Structure of Turbulent Shear Flow (Cambridge University Press, Cambridge, 1980)]. Because the space-filling capacity is an integral geometric quantity, the analysis presented in this work provides us with a low-order quantity, with which, one would be able to distinguish between the logarithmic law and the power law.

  10. Visiting Power Laws in Cyber-Physical Networking Systems

    Directory of Open Access Journals (Sweden)

    Ming Li

    2012-01-01

    Full Text Available Cyber-physical networking systems (CPNSs are made up of various physical systems that are heterogeneous in nature. Therefore, exploring universalities in CPNSs for either data or systems is desired in its fundamental theory. This paper is in the aspect of data, aiming at addressing that power laws may yet be a universality of data in CPNSs. The contributions of this paper are in triple folds. First, we provide a short tutorial about power laws. Then, we address the power laws related to some physical systems. Finally, we discuss that power-law-type data may be governed by stochastically differential equations of fractional order. As a side product, we present the point of view that the upper bound of data flow at large-time scaling and the small one also follows power laws.

  11. The International Criminal Court and the construction of International Public Order

    Directory of Open Access Journals (Sweden)

    Sofia Santos

    2014-11-01

    Full Text Available Envisioning an international public order means envisioning an order sustained by a legal and institutional framework that ensures effective collective action with a view to defending fundamental values of the international community and to solving common global problems, in line with the universalist vision of international law. Envisioning the construction of an international public order means considering that this framework, which embraces and promotes the respect for human rights focused particularly on human dignity, is consolidating and evolving based on the International Criminal Court (ICC. The establishment of the ICC added an international punitive perennial facet to international humanitarian law and international human rights law and linked justice to peace, to security and to the well-being of the world, reaffirming the principles and objectives of the Charter of the United Nations (UN. Nevertheless, the affirmation process of an international criminal justice by punishing those responsible for the most serious crimes of concern to the international community as a whole, faces numerous obstacles of political and normative character. This article identifies the central merits of the Rome Statute and ICC’s practice and indicates its limitations caused by underlying legal-political tensions and interpretive questions relating to the crime of aggression and crimes against humanity. Finally, the article argues for the indispensability of rethinking the jurisdiction of the ICC, defending the categorization of terrorism as an international crime, and of articulating its mission with the "responsibility to protect", which may contribute to the consolidation of the ICC and of international criminal law and reinforce its role in the construction of an effective international public order.

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

    Science.gov (United States)

    Raposo, Vera Lúcia

    2017-09-01

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

  13. Double Taxation Agreements: Between EU Law and Public International Law

    OpenAIRE

    Hofmann, Herwig

    2011-01-01

    After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

  14. 28 CFR 68.54 - Administrative review of a final order of an Administrative Law Judge in cases arising under...

    Science.gov (United States)

    2010-07-01

    ... an Administrative Law Judge in cases arising under section 274A or 274C. 68.54 Section 68.54 Judicial... BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR... an Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority of the Chief...

  15. Massively parallel computation of conservation laws

    Energy Technology Data Exchange (ETDEWEB)

    Garbey, M [Univ. Claude Bernard, Villeurbanne (France); Levine, D [Argonne National Lab., IL (United States)

    1990-01-01

    The authors present a new method for computing solutions of conservation laws based on the use of cellular automata with the method of characteristics. The method exploits the high degree of parallelism available with cellular automata and retains important features of the method of characteristics. It yields high numerical accuracy and extends naturally to adaptive meshes and domain decomposition methods for perturbed conservation laws. They describe the method and its implementation for a Dirichlet problem with a single conservation law for the one-dimensional case. Numerical results for the one-dimensional law with the classical Burgers nonlinearity or the Buckley-Leverett equation show good numerical accuracy outside the neighborhood of the shocks. The error in the area of the shocks is of the order of the mesh size. The algorithm is well suited for execution on both massively parallel computers and vector machines. They present timing results for an Alliant FX/8, Connection Machine Model 2, and CRAY X-MP.

  16. On the higher order derivatives in the laws of motion and their application to an active force generator and to condition monitoring

    Energy Technology Data Exchange (ETDEWEB)

    Lahdelma, S.

    1995-12-31

    The current paper commences with a review of the history of classical mechanics. The problems connected with condition monitoring and the construction of high-speed machines are so difficult that a knowledge of the fundamentals of mechanics is essential for solving them. It is thus natural that careful attention should be paid to the starting points and assumptions upon which earlier measurement and calculation methods have relied, for it is only after this than one can deduce whether certain simplifications are due to inadequate measurement technology, inflexibility of ideas, a level of precision that is restricted to simple applications or efforts towards simple models merely in order to avoid calculation work. The historical section contains citations from the original sources, which will be useful for those wishing to examine the topic in more detail. The actual textual part is written in such a way that the fundamental content of the works quoted becomes clear even though not all the individual points are translated word for word. The general practice of utilizing the original notations is observed in this section. The paper contains a new way of deriving the laws of motion in classical mechanics from the fundamental law presented in Section 3. Original sources are employed in interpretations regarding terminology, particularly in the case of Lagrange`s function and Hamilton`s principle. The experimental section involves an examination of a two-particle system composed of an active force generator controlled by the first and second time derivatives of the accelerations and by the fractional time derivatives of the particles. This also enables resonance vibrations to be reduced considerably and highly stable solutions to be found

  17. Dentistry and criminal law.

    Science.gov (United States)

    Khoury, B S; Khoury, J N

    2017-09-01

    Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

  18. The threat in Iran and United States of America criminal law

    Directory of Open Access Journals (Sweden)

    Mohammad Ali Mahdavi Sabet

    2017-06-01

    Full Text Available Iran criminal law and United States of America have considered the threat as a crime and have imposed the penalty for it. The threat importance is considered in where that from one side the persons and civilians in accordance with domestic laws and international documents are involved very important right entitled of "Freedom of speech" and the mentioned rights violation is associated with domestic and foreign criminal sanctions and on the other hand, the expression of some words or commit a certain attitude with them and in accordance with the same laws are prohibited and to be considered as the criminal threat. However, the laws of both countries have adopted different approaches regarding the circumstances realization of the mentioned crime and some of its examples, although in some criminal threat characteristics such as lack of necessity to apply the means are unlawful and have similarity in its intentionality. In order to detailed understanding of the similarities and differences of criminal threats in Iran and America laws, which leads to the identification of existing disadvantages and advantages and providing the strategies regarding the deficiencies of the current laws and trends, so we are investigating the structure and threat features in criminal law of both countries.

  19. Weber's law, the magnitude effect and discrimination of sugar concentrations in nectar-feeding animals.

    Science.gov (United States)

    Nachev, Vladislav; Stich, Kai Petra; Winter, York

    2013-01-01

    Weber's law quantifies the perception of difference between stimuli. For instance, it can explain why we are less likely to detect the removal of three nuts from a bowl if the bowl is full than if it is nearly empty. This is an example of the magnitude effect - the phenomenon that the subjective perception of a linear difference between a pair of stimuli progressively diminishes when the average magnitude of the stimuli increases. Although discrimination performances of both human and animal subjects in various sensory modalities exhibit the magnitude effect, results sometimes systematically deviate from the quantitative predictions based on Weber's law. An attempt to reformulate the law to better fit data from acoustic discrimination tasks has been dubbed the "near-miss to Weber's law". Here, we tested the gustatory discrimination performance of nectar-feeding bats (Glossophaga soricina), in order to investigate whether the original version of Weber's law accurately predicts choice behavior in a two-alternative forced choice task. As expected, bats either preferred the sweeter of the two options or showed no preference. In 4 out of 6 bats the near-miss to Weber's law provided a better fit and Weber's law underestimated the magnitude effect. In order to test the generality of this observation in nectar-feeders, we reviewed previously published data on bats, hummingbirds, honeybees, and bumblebees. In all groups of animals the near-miss to Weber's law provided better fits than Weber's law. Furthermore, whereas the magnitude effect was stronger than predicted by Weber's law in vertebrates, it was weaker than predicted in insects. Thus nectar-feeding vertebrates and insects seem to differ in how their choice behavior changes as sugar concentration is increased. We discuss the ecological and evolutionary implications of the observed patterns of sugar concentration discrimination.

  20. Weber's law, the magnitude effect and discrimination of sugar concentrations in nectar-feeding animals.

    Directory of Open Access Journals (Sweden)

    Vladislav Nachev

    Full Text Available Weber's law quantifies the perception of difference between stimuli. For instance, it can explain why we are less likely to detect the removal of three nuts from a bowl if the bowl is full than if it is nearly empty. This is an example of the magnitude effect - the phenomenon that the subjective perception of a linear difference between a pair of stimuli progressively diminishes when the average magnitude of the stimuli increases. Although discrimination performances of both human and animal subjects in various sensory modalities exhibit the magnitude effect, results sometimes systematically deviate from the quantitative predictions based on Weber's law. An attempt to reformulate the law to better fit data from acoustic discrimination tasks has been dubbed the "near-miss to Weber's law". Here, we tested the gustatory discrimination performance of nectar-feeding bats (Glossophaga soricina, in order to investigate whether the original version of Weber's law accurately predicts choice behavior in a two-alternative forced choice task. As expected, bats either preferred the sweeter of the two options or showed no preference. In 4 out of 6 bats the near-miss to Weber's law provided a better fit and Weber's law underestimated the magnitude effect. In order to test the generality of this observation in nectar-feeders, we reviewed previously published data on bats, hummingbirds, honeybees, and bumblebees. In all groups of animals the near-miss to Weber's law provided better fits than Weber's law. Furthermore, whereas the magnitude effect was stronger than predicted by Weber's law in vertebrates, it was weaker than predicted in insects. Thus nectar-feeding vertebrates and insects seem to differ in how their choice behavior changes as sugar concentration is increased. We discuss the ecological and evolutionary implications of the observed patterns of sugar concentration discrimination.

  1. International law and United Nations

    Directory of Open Access Journals (Sweden)

    Savić Matej

    2012-01-01

    Full Text Available Along with centuries-lasting open military pretensions of world superpowers, modern diplomacy has developed, as beginning a war, as well as coming to peace demanded political activity which resulted, first in signing, and then coming into effect of international documents, on the basis of which, a foundation for the modern international order has been cast. Further on, by the formation of international organizations, codification has been allowed, as well as a progressive development of international law. Additionally, in the sense of preserving international peace and security, first the League of Nations was formed, and following the ending of World War II, the UN. Generally, the functioning of the United Nation's organs, has been regulated by legal rules, however political goals, tendencies, and mechanisms which the member states are using determine greatly the activity above all of the Security Council, but furthermore of the General Assembly, as a plenary organ. Nevertheless, the achieved results of the Commission for International Law in the meaning of creation of international conventions, as well as state adhering to the same, present unassailable achievements in the sense of development of international law. On the other hand, tendencies of motion of international relationships are aimed at establishing a multi-polar system in the international community. Today, the political scene is assuming a new appearance, by which the nearly built international system is already awaiting further progressive development.

  2. 28 CFR 68.53 - Review of an interlocutory order of an Administrative Law Judge in cases arising under section...

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge in cases arising under section 274A or 274C. 68.53 Section 68.53 Judicial Administration... ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION... Administrative Law Judge in cases arising under section 274A or 274C. (a) Authority. In a case arising under...

  3. Known-to-Unknown Approach to Teach about Coulomb's Law

    Science.gov (United States)

    Thamburaj, P. K.

    2007-01-01

    Analogies from life experiences help students understand various relationships presented in an introductory chemistry course. Coulomb's law is a complex relationship encountered in introductory general chemistry. A proper understanding of the relationships between the quantities involved in Coulomb's law is necessary in order for students to…

  4. Constitutionalism, pluralism and the role of human rights in shaping the relations between legal orders

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    .” Hence, for instance, the Court of Justice of the EU has taken an active role in ensuring the effet utile of European law. This article discusses possible theoretical perspectives on the interactions between various legal orders in the international arena. The opposition between the dualist and monist......In the period since the end of the Cold War, the different layers of law in the international arena have become more interlinked and interwoven. This shift might suggest a development towards a legal “melting pot” involving an increased cross-application of judicial norms stemming from different...... legal orders. In fact, judges are more and more often faced with cases involving legal provisions that are foreign to their legal orders. Hans Kelsen pointed out that “the power of state is no mystical force concealed behind the state or its law; it is only the effectiveness of the national legal order...

  5. 25 CFR 11.1206 - Obtaining a regular (non-emergency) order of protection.

    Science.gov (United States)

    2010-04-01

    .... 11.1206 Section 11.1206 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Child Protection and Domestic Violence Procedures § 11... custody of any children involved when appropriate and provide for visitation rights, child support, and...

  6. 25 CFR 12.41 - Who keeps statistics for Indian country law enforcement activities?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Who keeps statistics for Indian country law enforcement activities? 12.41 Section 12.41 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Records and Information § 12.41 Who keeps statistics for Indian country law enforcement activities? The Director...

  7. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  8. Whistleblowing – a Mechanism for Collecting Data on Non-Compliance with the Principles of Administrative Law in Order to Mitigate Risks

    Directory of Open Access Journals (Sweden)

    Emil BALAN

    2017-03-01

    Full Text Available Clear, consistent and predictable rules applicable to the administrative activities of the EU institutions, as well as deepening the EU integration are crucial in order to create a European administrative space. Building on the need to achieving this goal, the paper analyses the object, the procedure applicable, the legal regime and the safeguards granted to whistleblowers, as well as the role of the whistleblowing as a preventive or risk mitigation mechanism for those situations in which noncompliance with the principles of administrative law may affect the validity of documents, the performance of the legal competencies of the institution or citizens` rights. It raises awareness on risks and costs of non-compliance with the principles of the administrative law and good administration standards, as well as on the vulnerabilities and effects it can generate. The document also places whistleblowing in the context of control mechanism available for verifying the compliance of concrete administrative activities with these principles, as a solution to identify and retrieve breaches from within the institution. To draw conclusions, this paper builds on the above analysis and the current Romanian good practice in the field, and frames a series of recommendations for improving the procedure applicable to whistleblowing.

  9. War, Law and Order - Case Study: Australian Whole-of-Government Efforts to Develop the Security and Criminal Justice Sectors in Stabilization

    Science.gov (United States)

    2012-05-01

    fashion - or they may even 48 be contributing to the deficit because of political mo- tivations or corruption, as was the case in the Solo- mon...international protection of human rights. Gretchen Kewley, Humanitarian Law in Armed Conflicts, Victorian Commercial Teachers Association Publishing...as International Committee of the Red Cross guideline documents. 89. Gretchen Kewley, Humanitarian Law in Armed Conflicts, Victorian Commercial

  10. Legal instruments for groundwater protection. A systematic analysis of EU law and German federal law and state law; Rechtliche Instrumente des Grundwasserschutzes. Eine systematische Analyse des EG-, Bundes- und Landesrechts

    Energy Technology Data Exchange (ETDEWEB)

    Kotulla, M.

    1999-07-01

    In Germany, the groundwater quality is endangered by a great variety of anthropogenic activities. Although it is widely accepted that the situation calls for quick action and implementation of legal provisions for efficient, nationwide protection of this essential natural resource, the legislature so far remained disappointingly inactive. This is why the author of the study presented in this book examines existing German federal and state law as well as EU law in order to reveal the possibilities offered by those bodies of law. The author analyses the many, splintered legal provisions under public law that are applicable today in Germany in absence of a proper code of environmental law, for their capability of being applied for protection of the groundwater. The legal instruments are identified and evaluated for the given purpose, and approaches for harmonisation or maybe optimisation are elaborated. (orig./CB) [German] Das Grundwasser in der Bundesrepublik Deutschland ist von einer Vielzahl zivilisatorischer Aktivitaeten bedroht. Strategien fuer einen prinzipiell flaechendeckend wirksamen Schutz dieser Naturressource werden zwar mittlerweile allenthalben gefordert, zeigen bislang aber nicht die erhoffte Wirkung. Vor diesem Hintergrund untersucht der Autor in dieser Studie die rechtlichen Moeglichkeiten, welche die bundesdeutsche Rechtsordnung unter Einbeziehung des einschlaegigen EG-Rechts zum Schutz des Grundwassers bereithaelt. Er analysiert primaer das in den letzten dreieinhalb Jahrzehnten zu einem unueberschaubaren Konglomerat angewachsene oeffentlich-rechtliche Umweltschutzregelwerk auf seine grundwasserschuetzende Eignung. Es gilt insbesondere, die diffus und querschnittartig ueber die verschiedensten Rechtsbereiche vertreuten Instrumentarien zu ermitteln und zu bewerten sowie - wo erforderlich - zu harmonisieren oder gar zu optimieren. (orig.)

  11. Ohm's Law, Kirchoff's Law and the Drunkard's Walk

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 2; Issue 11. Ohm's Law, Kirchoff's Law and the Drunkard's Walk Related Electrical Networks. Rahul Roy. General Article Volume 2 Issue 11 November 1997 pp 36-47. Fulltext. Click here to view fulltext PDF. Permanent link:

  12. Towards a new approach to model guidance laws

    International Nuclear Information System (INIS)

    Borne, P.; Duflos, E.; Vanheeghe, P.

    1994-01-01

    Proportional navigation laws have been widely used and studied. Nevertheless very few publications explain rigorously the origin of all these laws. For researchers who are starting to work on guidance laws, a feeling of confusion can result. For others, this lack of explanation can be, for example, the source of the difficulties to make the true proportional navigation become equivalent to the pure proportional navigation. The authors propose here a way to model guidance laws in order to fill this lack of explanation. The first consequence is a better exploration of the kinematic behaviors arising during the guidance process. The second consequence is the definition of a new 3D guidance law which can be seen as a generalization of the true proportional navigation. Moreover, this generalization allow this last law to become equivalent to the pure proportional navigation in terms of initial conditions which allow the object to reach its target

  13. Limited and unlimited liability in the German Atomic Energy Law

    International Nuclear Information System (INIS)

    Pelzer, N.

    1982-01-01

    The liability of operators of nuclear installations in the FRG is limited under current law to the sum of one thousand million DM (section 31 of the Atomic Energy law). Since about the autumn of 1979, the Federal Ministry of the Interior is making inquiries into the necessity and appropriateness of abandoning the provision on liability limitations, in order to improve the victims compensation. The legal problems involved in this decision are presented by the author, trying to answer the question of whether the current system of liability limitations should be maintained or abandoned by discussing this issue from the point of view of the legal functions ''justice'' and ''expedience'' of this provision. The manifold international interlacement of the atomic energy law does not allow this study to be restricted to the law of the FRG. A brief review of the development and current state of the international nuclear liability law is the basis of this study into the problems of a possible modification of the German nuclear liability provisions. The study is carried out with the purpose of elaborating model solutions. (orig./HP) [de

  14. Zipf's law, power laws and maximum entropy

    International Nuclear Information System (INIS)

    Visser, Matt

    2013-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified. (paper)

  15. On the scope of the Federal Government to issue orders in plan approval procedures under para. 9b of the Atomic Energy Act as provided by article 85 section 3 of the Basic Law

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1991-01-01

    Under Paragraph 9b of the Atomic Energy Act the Lower Saxonian Minister of the Environment has the competence for the plan approval procedure concerning the final disposal site Konrad. The plan approval procedure under atomic energy law is a unitary administrative procedure which makes further administrative procedures and administrative decisions superfluous on the strength of its unitary character and without impingement on constitutional law. In conducting the plan approval procedure the Lower Saxonican Minister of the Environment is acting within the framework of Laender administration on behalf of the Federation. To this extent he is subject to the orders of the Federal Minister of the Enviroment under Article 85 Section 3 of The Basic Law with respect to the formation of the procedure and procedural decisions as well as decisions on the merits pending. The concentrating effect of the plan approval procedure under atomic energy law also extends to permits under water law. (orig./HSCH) [de

  16. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

  17. A Comparative Study of Obsessionality in Medical Students, Law Students, and Controls.

    Science.gov (United States)

    Harries, Michael D; Kim, Suck Won; Grant, Jon E

    2017-09-01

    Understanding obsessive-compulsive behavior in medical students and law students is necessary for administrators and educators to properly work with students struggling with obsessionality. We aim to compare the differences in obsessive symptoms between medical students, law students and a control population. A total of 100 third-year medical students, 102 third-year law students and 103 control subjects drawn from the general population completed the Leyton Obsessional Inventory (LOI). Subjects were examined on all three sections (symptoms/traits, resistance and interference) of the LOI. Obsessional symptom scores for medical students (14.29 ± 7.33) and law students (13.65 ± 6.61) were significantly greater than for the control group (11.58 ± 7.45). Medical and law students were both more likely to report checking, order, routine and attention to detail as obsessive symptoms. Medical students were more likely than law students to possess the obsessive symptoms of cleanliness and conscientiousness, while law students were more likely than medical students to possess obsessive symptoms related to difficulty in making up their mind and doubting themselves. While medical students and law students are more obsessional than the control population, each group is more likely to report different obsessive symptoms.

  18. Law, Urban Violence and Order: Cop Shows as a Brazilian TV Genre

    Directory of Open Access Journals (Sweden)

    Luiza Lusvarghi

    2014-04-01

    Full Text Available A new type of Brazilian drama series has taken place on local  TV -  the cop shows. Although they are not popular as the telenovela (soap operas, definitively they came to stay.  International channels like Fox and HBO are benefited by Tax Benefits Rule which provides financial conditions for the production of those home market, and are now competing with the two greatest media Brazilian  groups – Record and Globo.  The worldwide success of “Cidade de Deus” (City of God, 2002, Fernando Meirelles, released abroad like a gangster movie, and “Tropa de Elite” (Elite Squad, 2005, Jose Padilha, Berlin Golden Bear Award 2008, which sequel “Elit Squad: The Enemy Within” (2010 became the biggest box office record of Brazilian Cinema, could be partially contributed to motivate that new kind of production, which mix up social exclusion, urban violence with the very known old formulas of American serials, as the franchise “Law and Order” and its various spin-offs.

  19. Grenelle law 1 and financial flow

    International Nuclear Information System (INIS)

    Bacher, P.

    2009-01-01

    With the aid of three particularly significant examples on the subject of financial flow (photovoltaic electricity, wind power electricity, energy saving in existing housing), it can be shown that the practical details of implementing the decisions of the Grenelle Environment Round Table (conveyed in the Grenelle Law I) should be thoroughly reviewed in order to increase their efficiency and avoid unjustified financial transfers from tax payers as a whole and (or) electricity consumers to the promoters or suppliers of the systems. (author)

  20. The impact of law and language as interactive patterns

    Directory of Open Access Journals (Sweden)

    Marina Kaishi

    2016-07-01

    Full Text Available Every country has adopted a certain law pattern. This has an impact on the language expression and the relevant adopted terminology. It can be tracked by examining and describing the lexical choices and the use of featuring structures, which form parallelisms in similar systems. Before proceeding with their linguistic description, it is necessary to explain the differences that exist between Greek-, French-, German-, Albanian law systems. It will be evident that they have some points in common, but at the same time they differ at a great extent in the way of conceptualizing the system. I shall use the Constitution as the basic law and a safe reference point for an explicit comparison. Terminology plays an important role in explaining these systems. The law & language are interactive patterns. We already have a European legal language, but it is time for a more coherent European wide legal language. The linguistic matters have a direct contact with judicial cases. Inside EU the usage of different languages is one of the main obstacles of the integration process. Then again according to EU it creates a specific problem for the European judges, translators and interpreters. So in order to achieve a co-usage of the language we need to develop a curriculum, in order to use a coherent terminology and linguistic patterns. To put a standard for the law language, used in the EU, we should follow a legal harmonization that is achieved through harmonized terminology inside EU. The right usage of the language and its terminology should be understood as a standardization process. Also European Union policy is of great importance because it informs us about language policy and how to deal with it. At last we must know that EU consists of 450 million people from different cultures and backgrounds. In this sense it can be said that EU is truly a multilingual institution that reinforces the ideal of a single community with different languages and different

  1. Ghost condensate and generalized second law

    International Nuclear Information System (INIS)

    Mukohyama, Shinji

    2009-01-01

    Dubovsky and Sibiryakov recently proposed a scenario in which particles of different species propagate with different speeds due to their direct couplings to ghost condensate. It was argued that this extended version of ghost condensate allows a gedanken experiment leading to violation of the generalized second law. However, in the original ghost condensate scenario, difference in propagation speeds is suppressed by M 2 /M Pl 2 , where M is the order parameter of spontaneous Lorentz breaking and M Pl is the Planck scale. In this case the energy transfer necessary for the gedanken experiment is so slow that the timescale of decrease of entropy, if any, is always longer than the Jeans timescale of ghost condensate. Hence the generalized second law is not violated by the gedanken experiment in the original ghost condensate scenario. This conclusion trivially extends to gauged ghost condensation by taking into account accretion of gauged ghost condensate into a black hole.

  2. 28 CFR 91.68 - Compliance with other Federal environmental statutes, regulations and executive orders.

    Science.gov (United States)

    2010-07-01

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

  3. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

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

  4. Effects of surveillance on the rule of law, due process and the presumption of innocence

    NARCIS (Netherlands)

    Galetta, Antonella; de Hert, Paul; Wright, D.; Kreissl, R.

    2015-01-01

    This contribution focuses on the impact of surveillance on the rule of law, due process and the presumption of innocence, key values and principles of a democratic order. It illustrates how they are implemented and enforced in contemporary surveillance societies, while referring to European law and

  5. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Science.gov (United States)

    2010-10-01

    ... Appealable Orders § 821.16 Interlocutory appeals from law judges' rulings on motions. Rulings of law judges... 49 Transportation 7 2010-10-01 2010-10-01 false Interlocutory appeals from law judges' rulings on motions. 821.16 Section 821.16 Transportation Other Regulations Relating to Transportation (Continued...

  6. The international law commission and international environmental law

    International Nuclear Information System (INIS)

    Ramcharan, B.G.

    1975-01-01

    If the oceans are destroyed through pollution there will be nothing left to manage. Protection against pollution is thus a fundamental aspect of ocean management. What legal principles are available for the protection of the oceans. This paper brings together the relevant practice of the foremost international body responsible for the codification and development of international law: the International Law Commission. It describes the work of the Commission concerning: 1) pollution of the high seas; 2) pollution of international watercourses; and 3) international responsibility for environmental hazards. It concludes by expressing the hope that the Commission will further study, codify and develop international environmental law

  7. Crime and Punishment in Igbo Customary Law: The Challenge of ...

    African Journals Online (AJOL)

    Crime and Punishment in Igbo Customary Law: The Challenge of Nigerian ... has its own means of controlling the social behaviour of its citizens in order to reach ... of the customary practices are immersed gives an added fillip to this disregard.

  8. Assessing the concordance between illicit drug laws on the books and drug law enforcement: Comparison of three states on the continuum from "decriminalised" to "punitive".

    Science.gov (United States)

    Belackova, Vendula; Ritter, Alison; Shanahan, Marian; Hughes, Caitlin E

    2017-03-01

    Variations in drug laws, as well as variations in enforcement practice, exist across jurisdictions. This study explored the feasibility of categorising drug laws "on the books" in terms of their punitiveness, and the extent of their concordance with "laws in practice" in a cross-national comparison. "Law on the books", classified with respect to both cannabis and other drug offences in the Czech Republic, NSW (AU) and Florida (USA) were analysed in order to establish an ordinal relationship between the three states. Indicators to assess the "laws in practice" covered both police (arrests) and court (sentencing) activity between 2002 and 2013. Parametric and non-parametric tests of equality of means, tests of stationarity and correlation analysis were used to examine the concordance between the ordinal categorisation of "laws on the books" and "laws in practice", as well as trends over time. The Czech Republic had the most lenient drug laws; Florida had the most punitive and NSW was in-between. Examining the indicators of "laws in practice", we found that the population adjusted number of individuals sentenced to prison ranked across the three states was concordant with categorisation of "laws on the books", but the average sentence length and percentage of court cases sentenced to prison were not. Also, the de jure decriminalisation of drug possession in the Czech Republic yielded a far greater share of administrative offenses than the de facto decriminalisation of cannabis use / possession in NSW. Finally, the mean value of most "laws in practice" indicators changed significantly over time although the "laws on the books" didn't change. While some indicators of "laws in practice" were concordant with the ordinal categorisation of drug laws, several indicators of "laws in practice" appeared to operate independently from the drug laws as stated. This has significant implications for drug policy analysis and means that research should not assume they are

  9. The Roman Law of Talion and its correlative origin: antiquity and innovation

    Directory of Open Access Journals (Sweden)

    Benjamín García-Hernández

    2017-09-01

    Full Text Available The Law of Talion is usually understood as «an eye for an eye». However, Roman law is far from being as concise and strict as that of the Bible. Whilst not forgetting the option of membrum pro membro, the interpretation of Latin examples tells us that punishments tended to be comparable and not equal, materially speaking, to the harm caused. The linguistic analysis of talio, derived from the indefinite talis and the correlative structure (quale scelus, talis poena in which it appears, leads us to see this feminine substantive of action as a neologism of proportional reference that encouraged Roman law to evolve towards substitute punishments that were less gory. In order to understand the spirit of the Law of Talion, we must take into consideration its form, which above all is made up of the indefinite talis as a correlative of qualis referring to the damage or harm caused.

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

    International Nuclear Information System (INIS)

    Brandner, T.

    1991-01-01

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

  11. Who Guards the Guards? Understanding Deviance and Corruption of Law Enforcement Officials

    Directory of Open Access Journals (Sweden)

    Ercan BALCIOĞLU

    2015-12-01

    Full Text Available Law enforcement officials must be honest in performing both their judicial and administrative responsibilities and duties within the criminal justice system to maintain public tranquility, social trust and order, and securing the justice. There are, however, different kinds phenomena in which several kinds of deviance from acceptable norms of behavior is existing among the law enforcement professionals. Studies dealing with deviance of law enforcement officials have been limited in the Turkish context. This study, first, categorize the kinds of deviant behavior among the law enforcement officials as pointed out by numerous scientific studies. Etiology of these types of behavior, than, is examined based on the existing literature. First of all, as a kind of white collar crime which observing among deviant behavior of police personal will be categorized according to international literature. Finally, this study brings the general consensus on the preventive measures as applied in several countries on law enforcement officials’ deviant behaviors to the attention of the Turkish reader

  12. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

    Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

  13. THE LAW ON EDUCATION OF 2012 AND DEVELOPMENT OF EDUCATIONAL LAW IN RUSSIA

    OpenAIRE

    KOZYRIN A.N.; TROSHKINA TATYANA

    2017-01-01

    In September 2013 Russia enacted a new law on education which introduced significant changes into the system of sources for Russian educational law. This article analyses the provisions of the education law that pertain to sources of educational law in the Russian Federation, the relationship between different levels of normative and legal regulation, including: international, national (federal laws and by-laws, legal regulation of relations in education at the regional and municipal levels i...

  14. Globalization of public health law and ethics.

    Science.gov (United States)

    Sohn, Myongsei

    2012-09-01

    The Constitution of the World Health Organization (1946) states that the "enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social position." The international legal framework for this right was laid by the Universal Declaration of Human Rights (1948) and reaffirmed in the International Covenant on Economic, Social, and Cultural Rights (1966) and the Declaration of Alma-Ata (1978). In recent years, the framework has been developed on 10 key elements: national and international human rights, laws, norms, and standards; resource constraints and progressive realization; obligations of immediate effect; freedoms and entitlements; available, accessible, acceptable, and good quality; respect, protect, and fulfill; non-discrimination, equality, and vulnerability; active and informed participation; international assistance and cooperation; and monitoring and accountability. Whereas public health law plays an essential role in the protection and promotion of the right to health, the emergence of SARS (2003) highlighted the urgent need to reform national public health laws and international obligations relating to public health in order to meet the new realities of a globalized world, leading to the WHO Framework Convention on Tobacco Control (2003) and the revision of the WHO International Health Regulations (2005). The Asian Institute for Bioethics and Health Law, in conjunction with the Republic of Korea's Ministry of Health and Welfare and the WHO International Digest of Health Legislation, conducted a comparative legal analysis of national public health laws in various countries through a project entitled Domestic Profiles of Public/Population Health Legislation (2006), which underscored the importance of recognizing the political and social contexts of distinct legal cultures, including Western, Asian, Islamic, and African.

  15. A weak zero-one law for sequences of random distance graphs

    Energy Technology Data Exchange (ETDEWEB)

    Zhukovskii, Maksim E [M. V. Lomonosov Moscow State University, Faculty of Mechanics and Mathematics, Moscow (Russian Federation)

    2012-07-31

    We study zero-one laws for properties of random distance graphs. Properties written in a first-order language are considered. For p(N) such that pN{sup {alpha}}{yields}{infinity} as N{yields}{infinity}, and (1-p)N{sup {alpha}} {yields} {infinity} as N {yields} {infinity} for any {alpha}>0, we succeed in refuting the law. In this connection, we consider a weak zero-one j-law. For this law, we obtain results for random distance graphs which are similar to the assertions concerning the classical zero-one law for random graphs. Bibliography: 18 titles.

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

    International Nuclear Information System (INIS)

    Rainaud, J.M.; Cristini, R.

    1983-01-01

    This paper analyses the sources of the specificity of nuclear law and its relationship with environmental law as well as with ordinary law. The characteristics of nuclear law are summarized thus: recent discovery of the atom's uses and mandatory protection against its effects; internationalization of its use, leading to a limitation of national authorities competence. Several international treaties are cited (Antarctic Treaty, NPT, London Dumping Convention etc.) showing the link between radiation protection and the environment. (NEA) [fr

  17. ACTIVE BRIBERY IN CROATIAN MEDIEVAL AND MODERN LAW

    Directory of Open Access Journals (Sweden)

    Mijo Galiot

    2016-01-01

    Full Text Available When it comes to writing about the history of punishment, it is always linked with critically re-thinking and better understanding of the contemporary system of punishment, as a result of its long historical development. In such a way, „contemporary criminal law cannot be seen as a result of an effort made by a certain nation or in a certain epoch“. „Permanently faced with social changes, in its long historical development, criminal law has been modifying its fundamental principles and categories, by building new institutes and instruments, in order to become less cruel and more human, but not less efficient than in earlier stages of its development, characterized by rudeness, cruelty and exemplarity of its sanctions. Although it is not easy to answer the question, if there is the measure, in which social understanding of punishment and its purpose, determines the civilizational level in the society, there is no doubt about the fact that civilizational and legal point of view towards punishment derives from a waste range of factors: general, cultural, sociological, psychological, religious, political and other factors that should be taken altogether in their historical dimension. The genesis of criminal law is linked with the moment of establishing the public authorities and the state. According to different criteria, it is possible to introduce different periodization of criminal law. When it comes to the historical criterion, there can be made a historical division into periods of ancient, medieval, modern and contemporary criminal law (punishment, which periods should not be taken as absolutely inseparable. The point of this paper is to present a review and development of punishing active bribery in the Croatian medieval and modern law.

  18. Divorce by consent in Roman law and contemporary law

    OpenAIRE

    Ignjatović Marija; Kitanović Tanja

    2013-01-01

    The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines th...

  19. Laboratory constraints on chameleon dark energy and power-law fields

    International Nuclear Information System (INIS)

    Steffen, Jason H.; Upadhye, Amol; Baumbaugh, Al; Chou, Aaron S.; Mazur, Peter O.; Tomlin, Ray; Weltman, Amanda; Wester, William

    2010-01-01

    We report results from the GammeV Chameleon Afterglow Search - a search for chameleon particles created via photon/chameleon oscillations within a magnetic field. This experiment is sensitive to a wide class of chameleon power-law models and dark energy models not previously explored. These results exclude five orders of magnitude in the coupling of chameleons to photons covering a range of four orders of magnitude in chameleon effective mass and, for individual chameleon models, exclude between 4 and 12 orders of magnitude in chameleon couplings to matter.

  20. Summary of the law relating to atomic energy and radioactive substances

    International Nuclear Information System (INIS)

    Sim, D.F.; Ritchie, K.J.S.

    1983-04-01

    Intended as a signpost to the relevant law no aspect is covered in detail but a full summary is given. For further details reference has to be made to Acts or regulations themselves. The summary covers the Common Law, the laws in force, regulations under the Factories Act 1961, regulations and orders relating to food and medicines, those concerned with the transport of radioactive materials, regulations under the Social Security Act 1975, Control of Import and Export, the Euratom treaty, important non-statutory codes of practice etc., international conventions, regulations etc. relating to the peaceful use of atomic energy and radioactive substances in which the UK is interested and finally, foreign legislation. The details have been revised as at 31 March 1983. (U.K.)

  1. Maxwell’s equal area law for Lovelock thermodynamics

    Science.gov (United States)

    Xu, Hao; Xu, Zhen-Ming

    We present the construction of Maxwell’s equal area law for the Guass-Bonnet AdS black holes in d = 5, 6 and third-order Lovelock AdS black holes in d = 7, 8. The equal area law can be used to find the number and location of the points of intersection in the plots of Gibbs free energy, so that we can get the thermodynamically preferred solution which corresponds to the first-order phase transition. We obtain the radius of the small and large black holes in the phase transition which share the same Gibbs free energy. The case with two critical points is explored in much more details. The latent heat is also studied.

  2. Muslim personal law and the meaning of "law" in the South African and Indian constitutions

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    1999-12-01

    Full Text Available The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 1996 Constitution, and in particular the Bill of Rights as contained in chapter 2 of the 1996 Constitution, is applicable to "non-recognised" Muslim personal law. The answer to this question depends to a large extent on the meaning of "law" as contained in the 1996 Constitution.When the viewpoint of academic writers and the courts are evaluated it seems as if the meaning of law in South Africa is restricted to the common law, customary law and legislation. If such a viewpoint is to be followed, Muslim personal law is excluded from the scrutiny of the Bill of Rights. It is, however, inconceivable that there might be certain areas of "law" that are not subject to the scrutiny of the Bill of Rights. In this note it will be argued that Muslim personal law should be regarded as law in terms of the 1996 Constitution, or in the alternative, that Muslim personal law (or at least Muslim marriages should be recognised in terms of section 15 of the 1996 Constitution.Due to the historical resemblance between South Africa and India the meaning of "law" as contained in the 1996 Constitution will be compared with the meaning of "law" as contained in the Constitution of India. Although the Constitution of India indirectly gives recognition to various personal laws in India, these personal laws are not subject to the provisions of the Constitution of India. Therefore, it would be argued that one should approach the Constitution of India with caution when its provisions are

  3. Black rings and the physical process version of the first law of thermodynamics

    International Nuclear Information System (INIS)

    Rogatko, Marek

    2005-01-01

    We consider the problem of the physical process version of the first law of black ring thermodynamics in n-dimensional Einstein gravity with additional (p+1)-form field strength and dilaton fields. The first order variations of mass, angular momentum and local charge for black ring are derived. From them we prove the physical process version of the first law of thermodynamic for stationary black rings

  4. Nuclear law and public acceptance

    International Nuclear Information System (INIS)

    Muguet, Tania Mara F.

    2009-01-01

    After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

  5. Nuclear law and public acceptance

    Energy Technology Data Exchange (ETDEWEB)

    Muguet, Tania Mara F. [Comissao Nacional de Energia Nuclear (CNEN), Rio de Janeiro, RJ (Brazil). Coordenacao Geral de Assuntos Internacionais], e-mail: tmuguet@cnen.gov.br

    2009-07-01

    After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

  6. Justice foundations for the Comprehensive Law Movement.

    Science.gov (United States)

    Dewhurst, Dale

    2010-01-01

    Authors examining the developing dispute resolution alternatives to the adversarial system have identified nine converging "vectors" or alternatives in what has been termed the Comprehensive Law Movement. These authors have sought to understand how the developing vectors can remain separate and vibrant movements while sharing common ground. Some analyze these developments as being within law and legal practice, others see them as alternative approaches to law, and still others take a combined approach. It will be impossible to understand how these vectors have meaningful differences from law and legal practice if the search is limited to looking within law and legal practice. It will be impossible to understand how these vectors have meaningful commonalities with law and legal practice if the search is limited to looking external to law and legal practice. Instead of comparing the vectors with the adversarial system, higher order criteria are required. What is needed is a comprehensive and internally consistent super-system of norms; one that can be used to evaluate the adversarial system and the evolving vectors on an equal footing. An Aristotelian natural law virtue theory of justice can: (a) provide a functional guiding definition of justice; (b) serve as a comprehensive and internally consistent super-system of norms; and (c) provide the theoretical and evaluative foundation required to clarify the relationships among the adversarial system and the developing vectors. Finally, it will become clear why the Comprehensive Law Movement might be more appropriately conceptualized as the Comprehensive Justice Movement. Copyright © 2010 Elsevier Ltd. All rights reserved.

  7. Status of will governance in determination of law governing business documents validity

    OpenAIRE

    Peyman Mohammadi; Saeed Kheradmandi

    2014-01-01

    Law governing substantive conditions of business documents issuance is one of important problems facing investigators. Since law governing business contracts and documents is governing out of limits of national law today, value and effect of will governance is of interest to jurisprudents because contract parties are allowed to determine contract effects and terms consensually to the extent to which these effects and terms do not contradict public order and imperative law and, in fact, they c...

  8. The Paramountcy of EU Law Over National Law The Extent to which Lyon’s Statements Reflect on the Relationship between EU and Domestic Law within the UK and Candidate States such as Albania

    Directory of Open Access Journals (Sweden)

    Erbi Ago

    2015-03-01

    Full Text Available As we live in a world that is becoming ever more globalized, it is unavoidable to consider the effect supranational entities and globalization itself have on the national sovereignty of the state. The EU is probably the most well-known example of a supranational entity and as such it cannot help but bring about a number of sides regarding its power over its members. There are many that would claim the EU has undermined national sovereignty, especially when it comes to the legal sphere. The issue at hand has been addressed by scholars such as Dr. Anne Lyon and this paper is a direct analysis of her statement regarding paramountcy. In summation, Lyon has stated that EU law has undermined national law. This has happened due to a number of reasons, one of which is the passing of a parliamentary Act intending to prioritize EU law. At this point, shall they need to provide otherwise, it is quite an argument to claim whether they could give effect to national law instead. Therefore, it has become necessary to consider the extent to which these statements reflect the relationship between EU law and ‘domestic’ laws within the UK and try and apply to the legal future of candidate states, such as Albania. This paper analyzes the two parts of Lyon’s argument, namely the paramountcy and parliamentary aspects of the issue, while also aiming to provide a framework on which future candidate states such as Albania can work on in order to achieve a more efficient assimilation into the EU legal system together with the forewarnings necessary shall they wish the opposite.

  9. Law and justice in Post-Soviet Russia: Strategies of constitutional modernization

    Directory of Open Access Journals (Sweden)

    Andrei N. Medushevsky

    2012-07-01

    Full Text Available The relationships between notions of law and justice – the central argument in political debates of transition periods. The law is defined in contemporary political science as a special form of social organization which represents itself as a value, norm and fact. The complex interpretation of law as a multidimensional phenomenon is possible only if these three competing parameters are taken into consideration. Another side of the problem is the definition of justice as an ideal, norm or historical tradition. Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law. The establishment of a new constitutional order is simultaneously the result and the main premise of this transformation. At the focus of our approach is the comparison between conservative, liberal and pragmatic strategies of legal and constitutional transformation.

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

    Energy Technology Data Exchange (ETDEWEB)

    Waling, C.

    1991-01-01

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

  11. 28 CFR 0.51 - Leadership and coordination of nondiscrimination laws.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Leadership and coordination of... DEPARTMENT OF JUSTICE Civil Rights Division § 0.51 Leadership and coordination of nondiscrimination laws. (a... Order 12250 (“Leadership and Coordination of Nondiscrimination Laws”). This delegation does not include...

  12. ExtLaw_H18: Extinction law code

    Science.gov (United States)

    Hosek, Matthew W., Jr.; Lu, Jessica R.; Anderson, Jay; Do, Tuan; Schlafly, Edward F.; Ghez, Andrea M.; Clarkson, William I.; Morris, Mark R.; Albers, Saundra M.

    2018-03-01

    ExtLaw_H18 generates the extinction law between 0.8 - 2.2 microns. The law is derived using the Westerlund 1 (Wd1) main sequence (A_Ks 0.6 mag) and Arches cluster field Red Clump at the Galactic Center (A_Ks 2.7 mag). To derive the law a Wd1 cluster age of 5 Myr is assumed, though changing the cluster age between 4 Myr - 7 Myr has no effect on the law. This extinction law can be applied to highly reddened stellar populations that have similar foreground material as Wd1 and the Arches RC, namely dust from the spiral arms of the Milky Way in the Galactic Plane.

  13. International institutional law unity within diversity

    CERN Document Server

    Schermers, Henry G

    2011-01-01

    In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The books theoretical framework and extensive use of case-studies is designed to appeal to both academics ...

  14. On the generalized second law for rotating black holes

    International Nuclear Information System (INIS)

    Curir, A.

    1986-01-01

    The generalized second law of thermodynamics for rotating black holes is reexamined in the superradiant range in order to take account of the contribution to the production of entropy coming from the semiclassical non-thermal emission. After including this new contribution, the validity of the law is proved by using statistical thermodynamics arguments. (orig.)

  15. International criminal justice: a pillar for the international rule of law

    Directory of Open Access Journals (Sweden)

    Gonzalo Aguilar Cavallo

    2012-12-01

    Full Text Available The international criminal justice has experienced a rapid change over the past years. This circumstance has underscored the need for interaction and complementation between international and domestic law. Some authors consider that the international criminal justice, and the activities of its tribunals, jeopardize the legality of international law. Our vision is that international criminal justice is a central pillar of the rule of law, at the national and the international levels. Far from undermining the legality of international law, international criminal justice paves the way towards a true international public order.

  16. Law, bioethics and practice in France: forging a new legislative pact.

    Science.gov (United States)

    Berthiau, Denis

    2013-02-01

    In France, bioethics norms have emerged in close interaction with medical practices. The first bioethics laws were adopted in 1994, with provisions for updates in 2004 and most recently, in 2011. As in other countries, bioethics laws indirectly refer to certain fundamental values. The purpose of this paper is threefold. First, I shall briefly describe the construction of the French bioethics laws and the values they are meant to protect. Secondly, I will show that the practice of clinical ethics, as reported in a few studies on ART, living organ donation and PGD, challenge the role attributed to doctors as "gatekeepers" of those fundamental values. Thirdly, I will suggest that the quality of medical practices would improve if the law focused on strengthening the tacit pact between doctors and patients, rather than putting doctors in charge of enforcing societal values. Doctors, for their part, would limit their role to what they can do best: provide sufficient patient support and safe care. Against those who argue that we should dispense with bioethics laws altogether, I hold that the laws are useful in order to limit the development of abusive practices. However, a new legislative approach should be adopted which would a positive presumption in favor of patients' requests.

  17. ECONOMIC AND LEGAL ASPECTS OF THE PLANNED DAMAGES ACTIONS FOR THE BREACHES OF EC ANTITRUST LAW

    Directory of Open Access Journals (Sweden)

    Elena Isac

    2010-09-01

    Full Text Available This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.

  18. Towards a second law for Lovelock theories

    Energy Technology Data Exchange (ETDEWEB)

    Bhattacharyya, Sayantani [Indian Institute of Technology Kanpur,Kanpur 208016 (India); Haehl, Felix M. [Department of Physics and Astronomy, University of British Columbia,6224 Agricultural Road, Vancouver, B.C. V6T 1Z1 (Canada); Kundu, Nilay [Center for Gravitational Physics, Yukawa Institute for Theoretical Physics (YITP), Kyoto University,Kyoto 606-8502 (Japan); Loganayagam, R. [International Centre for Theoretical Sciences (ICTS-TIFR), Shivakote, Hesaraghatta Hobli, Bengaluru 560089 (India); Rangamani, Mukund [Center for Quantum Mathematics and Physics (QMAP), Department of Physics, University of California,Davis, CA 95616 (United States)

    2017-03-13

    In classical general relativity described by Einstein-Hilbert gravity, black holes behave as thermodynamic objects. In particular, the laws of black hole mechanics can be interpreted as laws of thermodynamics. The first law of black hole mechanics extends to higher derivative theories via the Noether charge construction of Wald. One also expects the statement of the second law, which in Einstein-Hilbert theory owes to Hawking’s area theorem, to extend to higher derivative theories. To argue for this however one needs a notion of entropy for dynamical black holes, which the Noether charge construction does not provide. We propose such an entropy function for the family of Lovelock theories, treating the higher derivative terms as perturbations to the Einstein-Hilbert theory. Working around a dynamical black hole solution, and making no assumptions about the amplitude of departure from equilibrium, we construct a candidate entropy functional valid to all orders in the low energy effective field theory. This entropy functional satisfies a second law, modulo a certain subtle boundary term, which deserves further investigation in non-spherically symmetric situations.

  19. First law of entanglement rates from holography

    Science.gov (United States)

    O'Bannon, Andy; Probst, Jonas; Rodgers, Ronnie; Uhlemann, Christoph F.

    2017-09-01

    For a perturbation of the state of a conformal field theory (CFT), the response of the entanglement entropy is governed by the so-called "first law" of entanglement entropy, in which the change in entanglement entropy is proportional to the change in energy. Whether such a first law holds for other types of perturbations, such as a change to the CFT Lagrangian, remains an open question. We use holography to study the evolution in time t of entanglement entropy for a CFT driven by a t -linear source for a conserved U (1 ) current or marginal scalar operator. We find that although the usual first law of entanglement entropy may be violated, a first law for the rates of change of entanglement entropy and energy still holds. More generally, we prove that this first law for rates holds in holography for any asymptotically (d +1 )-dimensional anti-de Sitter metric perturbation whose t dependence first appears at order zd in the Fefferman-Graham expansion about the boundary at z =0 .

  20. Towards a second law for Lovelock theories

    Science.gov (United States)

    Bhattacharyya, Sayantani; Haehl, Felix M.; Kundu, Nilay; Loganayagam, R.; Rangamani, Mukund

    2017-03-01

    In classical general relativity described by Einstein-Hilbert gravity, black holes behave as thermodynamic objects. In particular, the laws of black hole mechanics can be interpreted as laws of thermodynamics. The first law of black hole mechanics extends to higher derivative theories via the Noether charge construction of Wald. One also expects the statement of the second law, which in Einstein-Hilbert theory owes to Hawking's area theorem, to extend to higher derivative theories. To argue for this however one needs a notion of entropy for dynamical black holes, which the Noether charge construction does not provide. We propose such an entropy function for the family of Lovelock theories, treating the higher derivative terms as perturbations to the Einstein-Hilbert theory. Working around a dynamical black hole solution, and making no assumptions about the amplitude of departure from equilibrium, we construct a candidate entropy functional valid to all orders in the low energy effective field theory. This entropy functional satisfies a second law, modulo a certain subtle boundary term, which deserves further investigation in non-spherically symmetric situations.

  1. 77 FR 22483 - Guidance Under Sections 642 and 643 (Income Ordering Rules)

    Science.gov (United States)

    2012-04-16

    ... 26 CFR part 1, confirming that a provision in a trust, a will, or a provision of local law that... (Code) section 642(c) with regard to the Federal tax consequences of an ordering provision in a trust, a will, or a provision of local law that attempts to determine the tax character of the amounts paid to a...

  2. Nuclear security and law

    International Nuclear Information System (INIS)

    Gozal, Y.

    1999-01-01

    The aim of this study is to show that the classical distinction between the military nuclear law and the civil nuclear law is outdated. The technologies are dual and might be misused from a pacific to a military goal. The central element of the nuclear law is thus the integration of the safety rules: the nuclear risk being universal, it has created an universal law (first part) that reflects our scientific knowledge and might thus evaluate. This universal law has been a factor of nuclear security (part 2), as in 50 years, there had been only one major nuclear accident and no nuclear conflict. The horizontal proliferation has been limited and the international community has understood that time had come to reduce our arsenals. (author)

  3. The Never Ending Fight; Court Ordered Parenting Plan | Anyogu ...

    African Journals Online (AJOL)

    This paper examines the legal principles, perspectives and dimensions relative to court ordered parenting in Nigeria with particular attention to the comparative positions at common law, under statute and within the realm of customary law. It also x-rays the sociological and psychological considerations and factors at play in ...

  4. Gender mainstreaming in law and legal education

    Directory of Open Access Journals (Sweden)

    Vujadinović Dragica

    2015-01-01

    Full Text Available Political revolutions of the 18th and 19th century engendered an idea of universal equality. However, the American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen have not been gender sensitive documents. Women had to struggle for a long time in order to achieve visibility in laws and they did gain an equal right to vote in the USA only 144 years later and in France only 160 years after the issuing of these documents. Contemporary international and national law has greatly advanced from a gender equality point of view. However, gender sensitive legislation and implementation of legal norms has been far from widely accepted. Gender sensitive legal education of (future legislators, lawyers, judges, and prosecutors has thus been of the utmost importance. First, the article offers theoretical clarifications and historical background analysis of a sense and purpose of gender mainstreaming. The achievements in international law and strategic documents concerning gender equality will be taken into consideration in the second chapter. The main focus will be on the meaning of and instruments for gender mainstreaming in legal education in Serbia as well as generally. Paradigmatic examples from judicial practice will also be presented.

  5. VARIOUS HISTORICAL CONSIDERATIONS REGARDING THE PUBLIC LAW–PRIVATE LAW DICHOTOMY

    Directory of Open Access Journals (Sweden)

    Emilian Ciongaru

    2014-11-01

    Full Text Available Throughout the history of law, has been structured logically in law institutions and branches being considered in a divided or unitary manner. But legal norms have obtained general recognition either taken as a unitary system or divided into divisions or branches as maximum logical-organizational structures. The law originally intersects with the process of formation and evolution of the state. The law has been formed unconsciously as the result of a psychological process in which the individual reacts to certain external stimuli. At the beginning, the law came under the form of nonunitary chaotic customs or practices. In the second phase, the law, though yet rudimentary, became a conscious action being imposed by a public force. The difference between the public law and the private law results from the fact that private law may be attributed to the structure of society, and the public law may be attributed to the superstructure of society. Even nowadays, the delimitation between the public law and the private law is not clear, because the most numerous legal relations refer both to the general interest and the private interest and, basically, the legal norms contribute to public order as the observation thereof brings social peace.

  6. Regulatory Impact Assessment (RIA and Rationality of Law – Legal Aspects

    Directory of Open Access Journals (Sweden)

    Jan Chmielewski

    2015-06-01

    Full Text Available Purpose: The fundamental aim of this article is to verify an assumption according to which the proper Regulatory Impact Assessment (RIA is a key factor in the rationality of law. Rational law is a law which is effective and able to realize and achieve social, economic and environmental aims determined and established by the lawmaker. Methodology: The scope of this paper – which determines its structure – encompasses the definition of RIA, including its specific (but non-legal forms such as benchmarking and evaluation. As far as we are concerned, these methods can provide – as a kind of Regulatory Impact Assessment a significant tool for measuring the rationality of regulations. Furthermore, the usefulness of benchmarking and evaluation has been recognised by representatives of jurisprudence. We will also explain the concept and the assumptions of the rationality of law on the grounds and in the light of the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. This should allow to countercheck the main thesis of this paper. The methodology encompasses primary legal methods such as literature, case law and legislation analysis. Findings: An indispensable condition of the rationality of law is actual elimination of irrational regulations which were not subjected to the Regulatory Impact Assessment. Practical implications: Although RIA is a problematic issue (in terms of its practical application,it is necessary to carry it out in order to assure the rationality of law. A good and desirable complement to Regulatory Impact Assessment are non-legal methods such as benchmarking and evaluation. Originality: Originality and value of this survey lies in taking into account the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. Additionally, this paper is original in that it considers non-legal methods in the examination of the rationality of law.

  7. Transforming the European legal order: The European Court of Justice at 60+

    OpenAIRE

    Guth, J

    2016-01-01

    The European Court of Justice has played a pivotal role in the transformation of international law obligations between Member States into an integrated legal order with direct applicability and effect in those Member States. This article explores whether or not the ECJ continues to be relevant to EU governance and integration and whether it continues to transform the legal orders of the Member States. It briefly outlines the early case law which transformed the legal order, and the preliminar...

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

    Directory of Open Access Journals (Sweden)

    Mark Hill QC

    2016-11-01

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

  9. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  10. The weather and climate: emergent laws and multifractal cascades

    Science.gov (United States)

    Lovejoy, Shaun; Schertzer, Daniel

    2013-04-01

    Science in general and physics and geophysics in particular are hierarchies of interlocking theories and models with low level, fundamental laws such as quantum mechanics and statistical mechanics providing the underpinnings for the emergence of the qualitatively new, higher level laws of thermodynamics and continuum mechanics that provide the current bases for modelling the weather and climate. Yest it was the belief of generations of turbulence pioneers (notably Richardson, Kolmogorov, Obhukhov, Corrsin, Bolgiano) that at sufficiently high levels of nonlinearity (quantified by the Reynold's number, of the order 10**12 in the atmosphere) that new even higher level laws would emerge describing "fully developed turbulence". However for atmospheric applications, the pioneers' eponymous laws suffered from two basic restrictions - isotropy and homogeneity - that prevented them from being valid over wide ranges of scale. Over the last thirty years both of these restrictions have been overcome - the former with the generalization from isotropic to strongly anisotropic notions of scale (to account notably for stratification), and from homogeneity to strong heterogeneity (intermittency) via multifractal cascades. In this presentation we give an overview of recent developments and analyses covering huge ranges of space-time scales (including weather, macroweather and climate time scales). We show how the combination of strong anisotropy and strong intermittency commonly leads to the "phenomenological fallacy" in which morphology is confounded with mechanism. With the help of stochastic models, we show how processes with vastly different large and small scale morphologies can arise from a unique multifractal dynamical mechanisms [Lovejoy and Schertzer, 2013]. References: Lovejoy, S., and D. Schertzer (2013), The Weather and Climate: Emergent Laws and Multifractal Cascades, 480 pp., Cambridge University Press, Cambridge.

  11. Archie's law - a reappraisal

    Science.gov (United States)

    Glover, Paul W. J.

    2016-07-01

    When scientists apply Archie's first law they often include an extra parameter a, which was introduced about 10 years after the equation's first publication by Winsauer et al. (1952), and which is sometimes called the "tortuosity" or "lithology" parameter. This parameter is not, however, theoretically justified. Paradoxically, the Winsauer et al. (1952) form of Archie's law often performs better than the original, more theoretically correct version. The difference in the cementation exponent calculated from these two forms of Archie's law is important, and can lead to a misestimation of reserves by at least 20 % for typical reservoir parameter values. We have examined the apparent paradox, and conclude that while the theoretical form of the law is correct, the data that we have been analysing with Archie's law have been in error. There are at least three types of systematic error that are present in most measurements: (i) a porosity error, (ii) a pore fluid salinity error, and (iii) a temperature error. Each of these systematic errors is sufficient to ensure that a non-unity value of the parameter a is required in order to fit the electrical data well. Fortunately, the inclusion of this parameter in the fit has compensated for the presence of the systematic errors in the electrical and porosity data, leading to a value of cementation exponent that is correct. The exceptions are those cementation exponents that have been calculated for individual core plugs. We make a number of recommendations for reducing the systematic errors that contribute to the problem and suggest that the value of the parameter a may now be used as an indication of data quality.

  12. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

  13. The influence of canon law on ius commune in its formative period

    Directory of Open Access Journals (Sweden)

    Mehmeti Sami

    2015-12-01

    Full Text Available In the Medieval period, Roman law and canon law formed ius commune or the common European law. The similarity between Roman and canon law was that they used the same methods and the difference was that they relied on different authoritative texts. In their works canonists and civilists combined the ancient Greek achievements in philosophy with the Roman achievements in the field of law. Canonists were the first who carried out research on the distinctions between various legal sources and systematized them according to a hierarchical order. The Medieval civilists sought solutions in canon law for a large number of problems that Justinian’s Codification did not hinge on or did it only superficially. Solutions offered by canon law were accepted not only in the civil law of Continental Europe, but also in the English law.

  14. A Self-Interaction Leading to Fluctuations of Order $n^{5/6}$

    OpenAIRE

    Gorny, Matthias

    2014-01-01

    In arXiv:1301.6911, we built and studied a Curie-Weiss model exhibiting self-organized criticality : it is a model with a self-interaction leading to fluctuations of order $n^{3/4}$ and a limiting law proportional to $\\exp(-x^4/12)$. In this paper we modify our model in order to "kill the term $x^4$" and to obtain a self-interaction leading to fluctuations of order $n^{5/6}$ and a limiting law $C\\,\\exp(-\\lambda x^6)\\,dx$, for suitable positive constants $C$ and $\\lambda$.

  15. Extended constitutive laws for lamellar phases

    Directory of Open Access Journals (Sweden)

    Chi-Deuk Yoo

    2013-10-01

    Full Text Available Classically, stress and strain rate in linear viscoelastic materials are related by a constitutive relationship involving the viscoelastic modulus G(t. The same constitutive law, within Linear Response Theory, relates currents of conserved quantities and gradients of existing conjugate variables, and it involves the autocorrelation functions of the currents in equilibrium. We explore the consequences of the latter relationship in the case of a mesoscale model of a block copolymer, and derive the resulting relationship between viscous friction and order parameter diffusion that would result in a lamellar phase. We also explicitly consider in our derivation the fact that the dissipative part of the stress tensor must be consistent with the uniaxial symmetry of the phase. We then obtain a relationship between the stress and order parameter autocorrelation functions that can be interpreted as an extended constitutive law, one that offers a way to determine them from microscopic experiment or numerical simulation.

  16. 29 CFR 500.232 - Consent findings and order.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge; and (4) A waiver of any right to challenge or contest the validity of the findings and... 29 Labor 3 2010-07-01 2010-07-01 false Consent findings and order. 500.232 Section 500.232 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS MIGRANT AND...

  17. Divorce by consent in Roman law and contemporary law

    Directory of Open Access Journals (Sweden)

    Ignjatović Marija

    2013-01-01

    Full Text Available The subject matter of this paper is divorce by mutual consent in Roman law and contemporary law. In the first part of this article, the authors analyzes the key tenets of consensual divorce in Roman law, with specific reference to the impact of Christian religious teaching on the concepts of marriage and divorce as well as on the Roman rulers' constitutions, which marked the beginning of the process of restricting the right to divorce. In the central part of the paper, the authors examines the regulation on the consensual divorce in some contemporary legal systems. In addition, the authors provides a substantial analysis of the normative framework on the termination of marriage in the positive Serbian legislation. In the final part of the paper, the authors provides a comparative analysis and underscores the observed similarities and differenced in the regulation of the institute of consensual divorce in Roman law and in the contemporary legislation.

  18. Kinetic Theory Derivation of the Adiabatic Law for Ideal Gases.

    Science.gov (United States)

    Sobel, Michael I.

    1980-01-01

    Discusses how the adiabatic law for ideal gases can be derived from the assumption of a Maxwell-Boltzmann (or any other) distribution of velocities--in contrast to the usual derivations from thermodynamics alone, and the higher-order effect that leads to one-body viscosity. An elementary derivation of the adiabatic law is given. (Author/DS)

  19. Civil law

    NARCIS (Netherlands)

    Hesselink, M.W.; Gibbons, M.T.

    2014-01-01

    The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

  20. Constitutional Law and International Law at the Turn of the Century ...

    African Journals Online (AJOL)

    Administrator

    Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and ... To consider how Constitutional Law or International Law were understood in 1900 means to notice the immense .... In the relationship between the political organs of a state the role of the Constitutional Court should be seen ...

  1. 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

  2. Laboratory constraints on chameleon dark energy and power-law fields

    OpenAIRE

    Steffen, Jason H.; Upadhye, Amol; Baumbaugh, Al; Chou, Aaron S.; Mazur, Peter O.; Tomlin, Ray; Weltman, Amanda; Wester, William

    2010-01-01

    We report results from the GammeV Chameleon Afterglow Search---a search for chameleon particles created via photon/chameleon oscillations within a magnetic field. This experiment is sensitive to a wide class of chameleon power-law models and dark energy models not previously explored. These results exclude five orders of magnitude in the coupling of chameleons to photons covering a range of four orders of magnitude in chameleon effective mass and, for individual chameleon models, exclude betw...

  3. Environmental law

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1989-01-01

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

  4. Infinitely many conservation laws for the discrete KdV equation

    International Nuclear Information System (INIS)

    Rasin, Alexander G; Schiff, Jeremy

    2009-01-01

    Rasin and Hydon (2007 J. Phys. A: Math. Theor. 40 12763-73) suggested a way to construct an infinite number of conservation laws for the discrete KdV equation (dKdV), by repeated application of a certain symmetry to a known conservation law. It was not decided, however, whether the resulting conservation laws were distinct and nontrivial. In this paper we obtain the following results: (1) we give an alternative method to construct an infinite number of conservation laws using a discrete version of the Gardner transformation. (2) We give a direct proof that the conservation laws obtained by the method of Rasin and Hydon are indeed distinct and nontrivial. (3) We consider a continuum limit in which the dKdV equation becomes a first-order eikonal equation. In this limit the two sets of conservation laws become the same, and are evidently distinct and nontrivial. This proves the nontriviality of the conservation laws constructed by the Gardner method, and gives an alternative proof of the nontriviality of the conservation laws constructed by the method of Rasin and Hydon

  5. Mandeville on Corruption and Law

    OpenAIRE

    Simonazzi, Mauro

    2015-01-01

    This essay makes a distinction between two different meanings of the word «corruption»: moral corruption and legal corruption. The thesis is that in Mandeville's thought vice can be useful, while crime is always damaging. In this perspective, law is fundamental to tell vice from crime. Three points are examined: 1) the relationships between law and human nature, law and ethics, law and society; 2) the analysis of Mandeville's theory of law, in particular its nature and development; 3) the the...

  6. Stochastic model of Zipf's law and the universality of the power-law exponent.

    Science.gov (United States)

    Yamamoto, Ken

    2014-04-01

    We propose a stochastic model of Zipf's law, namely a power-law relation between rank and size, and clarify as to why a specific value of its power-law exponent is quite universal. We focus on the successive total of a multiplicative stochastic process. By employing properties of a well-known stochastic process, we concisely show that the successive total follows a stationary power-law distribution, which is directly related to Zipf's law. The formula of the power-law exponent is also derived. Finally, we conclude that the universality of the rank-size exponent is brought about by symmetry between an increase and a decrease in the random growth rate.

  7. El «Soft Law» europeo en la jurisprudencia española: doce casos

    Directory of Open Access Journals (Sweden)

    Antoni VAQUER ALOY

    2013-07-01

    Full Text Available Spanish courts often quote European Soft Law as a means for modernizing Spanish private law, in particular the law of obligations as enshrined in the ancient Spanish Civil Code. Even if the Soft Law is not the ratio decidendi of the decisions, courts find there some inspiration to adequate the old rules to the new economic and legal necessities. This essay lists a series of decisions that have resorted to European Soft Law in order to update the Spanish contract law.

  8. Power-law Decay and the Ergodic-Nonergodic Transition in Simple Fluids

    OpenAIRE

    Spyridis, Paul; Mazenko, Gene F.

    2013-01-01

    It is well known that mode coupling theory (MCT) leads to a two step power-law time decay in dense simple fluids. We show that much of the mathematical machinery used in the MCT analysis can be taken over to the analysis of the systematic theory developed in the Fundamental Theory of Statistical Particle Dynamics (arXiv:0905.4904). We show how the power-law exponents can be computed in the second-order approximation where we treat hard-sphere fluids with statics described by the Percus-Yevick...

  9. The order of life and the economic order

    International Nuclear Information System (INIS)

    Knizia, K.

    2000-01-01

    The impracticability of Utopian schemes can be recognized by their failure to observe both the laws of thermodynamics, the second law in particular, and Gossen's laws. They are based on the assumption that there is such a thing as a free lunch or, in energy supply, a law on feeding electricity produced from wind energy and solar energy whose economic inefficiency must be paid for by others, i.e., on which energy is spent, and the entropy of the Earth systems is increased, at the expense of others. By their very economic inefficiency they provoke squandering of energy and resources and damage to the environment. This article explains the consequences resulting from the laws of thermodynamics with respect to global economic development. The availability of sufficient energy plays a key role in this respect. Compared to all possibilities of energy production known to date, nuclear power is able to supply energy, i.e. directed energy, as a production factor in unlimited quantities and without any detriment to the environment and, thanks to the creativity boost supplied by information technology, also to provide the large energy contributions required to solve worldwide problems. (orig.) [de

  10. Quality health care in the European Union thanks to competition law.

    Science.gov (United States)

    Fornaciari, Diego

    2010-01-01

    There are many biases concerning the application of competition law in health care. Quality concerns can however be integrated into competition law analysis. The aim of this paper is to identify the links between the application of competition law in the European Union and the right to quality health care and to point out the problems that arise when integrating quality concerns in competition law analysis. Guidelines must be issued and competition authorities must work together with institutions that have expertise in the field of health care quality measurement in order to integrate these dimensions in competition practice.

  11. Quality Health Care in the European Union Thanks to Competition Law

    Science.gov (United States)

    Fornaciari, Diego

    2010-01-01

    There are many biases concerning the application of competition law in health care. Quality concerns can however be integrated into competition law analysis. The aim of this paper is to identify the links between the application of competition law in the European Union and the right to quality health care and to point out the problems that arise when integrating quality concerns in competition law analysis. Guidelines must be issued and competition authorities must work together with institutions that have expertise in the field of health care quality measurement in order to integrate these dimensions in competition practice. PMID:20195428

  12. International and European Security Law

    Directory of Open Access Journals (Sweden)

    Jonathan Herbach

    2012-02-01

    Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

  13. The Inverse Response Law: Theory and Relevance to the Aftermath of Disasters

    Directory of Open Access Journals (Sweden)

    Suzanne Phibbs

    2018-05-01

    Full Text Available The Inverse Care Law is principally concerned with the effect of market forces on health care which create inequities in access to health services through privileging individuals who possess the forms of social capital that are valued within health care settings. The fields of disaster risk reduction need to consider the ways in which inequities, driven by economic and social policy as well as institutional decision-making, create vulnerabilities prior to a disaster, which are then magnified post disaster through entrenched structural differences in access to resources. Drawing on key principles within the Inverse Care Law, the Inverse Response Law refers to the idea that people in lower socio-economic groups are more likely to be impacted and to experience disparities in service provision during the disaster response and recovery phase. In a market model of recovery, vulnerable groups struggle to compete for necessary services creating inequities in adaptive capacity as well as in social and wellbeing outcomes over time. Both the Inverse Care Law and the Inverse Response Law focus on the structural organisation of services at a macro level. In this article, the Inverse Care Law is outlined, its application to medical treatment following disasters considered and an explanation of the Inverse Response Law provided. Case studies from recent disasters, in London, New Zealand, Puerto Rico and Mexico City are examined in order to illustrate themes at work relating to the Inverse Response Law.

  14. Modernity, Rationality and Constitutional Law in Muslim-Majority Countries

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    Are Islamic law, human rights and constitutionalism compatible? In answering this question, this paper first discusses the concept of modernity (understood in terms of rationality and standardization), analysing its abrupt implementation in the MENA countries and the role that the first modern...... constitutions played in institutionalising a new sort of dominion in the newly established states. Against this background, the paper discusses the relationship between constitutionalism and Shari’a law, presenting this as a clash between two competing normative visions that are conceptually difficult...... to reconcile and which each claim exclusivity and hierarchical superiority. The paper advocates for a deconstruction of the ideas of human rights and constitutionalism in order to allow for the incorporation of elements of Muslim traditions, thus challenging the understanding of human rights...

  15. National Courts and EU Law

    DEFF Research Database (Denmark)

    approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

  16. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

  17. The Gauss and Ampere laws: different laws but similar difficulties for student learning

    International Nuclear Information System (INIS)

    Guisasola, Jenaro; AlmudI, Jose M; Zuza, Kristina; Ceberio, Mikel; Salinas, Julia

    2008-01-01

    This study aims to analyse university students' reasoning regarding two laws of electromagnetism: Gauss's law and Ampere's law. It has been supposed that the problems seen in understanding and applying both laws do not spring from students' misconceptions. Students habitually use reasoning known in the literature as 'common sense' methodology that leads to incorrect forms of reasoning. To test our hypothesis, questionnaires were designed emphasizing explanations. The results obtained show the low level of students' reasoning in both electricity and magnetism in terms of Gauss's and Ampere's laws

  18. Steinmetz law in iron–phenolformaldehyde resin soft magnetic composites

    International Nuclear Information System (INIS)

    Kollár, Peter; Vojtek, Vladimír; Birčáková, Zuzana; Füzer, Ján; Fáberová, Mária; Bureš, Radovan

    2014-01-01

    The validity of Steinmetz law describing the dc energy losses as a function of maximum induction has been investigated for iron based soft magnetic composites (SMCs) up to 1.4 T with the effort to find a physical meaning of the coefficients in Steinmetz law. In the Rayleigh region the coefficients were expressed mathematically using the Rayleigh law. Further the “range of validity of Steinmetz law” was found to be from 0.3 T to 1.2 T. The typical “straight” shape of hysteresis loops of SMCs at lower maximum induction was approximated by linear functions in order to express the dc losses in form of Steinmetz law. - Highlights: • The exponent x in Steinmetz law in Rayleigh region for Fe-based SMC is equal to 3. • The validity of Steinmetz law is from 0.3 T to 1.2 T with exponent x=1.5. • The straight shape of hysteresis loop is approximated by linear functions. • This approximation provides the relation for dc losses in form of Steinmetz law

  19. Fractional Fick's law: the direct way

    International Nuclear Information System (INIS)

    Neel, M C; Abdennadher, A; Joelson, M

    2007-01-01

    Levy flights, which are Markovian continuous time random walks possibly accounting for extreme events, serve frequently as small-scale models for the spreading of matter in heterogeneous media. Among them, Brownian motion is a particular case where Fick's law holds: for a cloud of walkers, the flux is proportional to the gradient of the probability density of finding a particle at some place. Levy flights resemble Brownian motion, except that jump lengths are distributed according to an α-stable Levy law, possibly showing heavy tails and skewness. For α between 1 and 2, a fractional form of Fick's law is known to hold in infinite media: that the flux is proportional to a combination of fractional derivatives or the order of α - 1 of the density of walkers was obtained as a consequence of a fractional dispersion equation. We present a direct and natural proof of this result, based upon a novel definition of usual fractional derivatives, involving a convolution and a limiting process. Taking account of the thus obtained fractional Fick's law yields fractional dispersion equation for smooth densities. The method adapts to domains, limited by boundaries possibly implying non-trivial modifications to this equation

  20. Law, justice and a potential security gap: the 'organization' requirement in international humanitarian law and international criminal law

    NARCIS (Netherlands)

    Bartels, R.; Fortin, K.

    2016-01-01

    This article explores the ‘organizational’ or ‘organization’ criterion for both non-international armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried

  1. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

    Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

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

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2013-01-01

    Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

  3. Genetic Algorithm Optimizes Q-LAW Control Parameters

    Science.gov (United States)

    Lee, Seungwon; von Allmen, Paul; Petropoulos, Anastassios; Terrile, Richard

    2008-01-01

    A document discusses a multi-objective, genetic algorithm designed to optimize Lyapunov feedback control law (Q-law) parameters in order to efficiently find Pareto-optimal solutions for low-thrust trajectories for electronic propulsion systems. These would be propellant-optimal solutions for a given flight time, or flight time optimal solutions for a given propellant requirement. The approximate solutions are used as good initial solutions for high-fidelity optimization tools. When the good initial solutions are used, the high-fidelity optimization tools quickly converge to a locally optimal solution near the initial solution. Q-law control parameters are represented as real-valued genes in the genetic algorithm. The performances of the Q-law control parameters are evaluated in the multi-objective space (flight time vs. propellant mass) and sorted by the non-dominated sorting method that assigns a better fitness value to the solutions that are dominated by a fewer number of other solutions. With the ranking result, the genetic algorithm encourages the solutions with higher fitness values to participate in the reproduction process, improving the solutions in the evolution process. The population of solutions converges to the Pareto front that is permitted within the Q-law control parameter space.

  4. The speed-curvature power law in Drosophila larval locomotion.

    Science.gov (United States)

    Zago, Myrka; Lacquaniti, Francesco; Gomez-Marin, Alex

    2016-10-01

    We report the discovery that the locomotor trajectories of Drosophila larvae follow the power-law relationship between speed and curvature previously found in the movements of human and non-human primates. Using high-resolution behavioural tracking in controlled but naturalistic sensory environments, we tested the law in maggots tracing different trajectory types, from reaching-like movements to scribbles. For most but not all flies, we found that the law holds robustly, with an exponent close to three-quarters rather than to the usual two-thirds found in almost all human situations, suggesting dynamic effects adding on purely kinematic constraints. There are different hypotheses for the origin of the law in primates, one invoking cortical computations, another viscoelastic muscle properties coupled with central pattern generators. Our findings are consistent with the latter view and demonstrate that the law is possible in animals with nervous systems orders of magnitude simpler than in primates. Scaling laws might exist because natural selection favours processes that remain behaviourally efficient across a wide range of neural and body architectures in distantly related species. © 2016 The Authors.

  5. Space, time and conservation laws

    International Nuclear Information System (INIS)

    Aronov, R.A.; Ugarov, V.A.

    1978-01-01

    The Neter theorem establishing correspondence between conservation laws and symmetry properties (space and time in particular) is considered. The theorem is based on one of the possible ways of finding equations of motion for a physical system. From a certain expression (action functional) equations of motion for a system can be obtained which do not contain new physical assertions in principal in comparison with the Newtonian laws. Neter suggested a way of deriving conservation laws by transforming space and time coordinates. Neter theorem consequences raise a number of problems: 1). Are conservation laws (energy, momentum) consequences of space and time symmetry properties. 2). Is it possible to obtain conservation laws in theory neglecting equations of motion. 3). What is of the primary importance: equations of motion, conservation laws or properties of space and time symmetry. It is shown that direct Neter theorem does not testify to stipulation of conservation laws by properties of space and time symmetry and symmetry properties of other non-space -time properties of material systems in objective reality. It says nothing of whether there is any subordination between symmetry properties and conservation laws

  6. Frequency modulation at a moving material interface and a conservation law for wave number. [acoustic wave reflection and transmission

    Science.gov (United States)

    Kleinstein, G. G.; Gunzburger, M. D.

    1976-01-01

    An integral conservation law for wave numbers is considered. In order to test the validity of the proposed conservation law, a complete solution for the reflection and transmission of an acoustic wave impinging normally on a material interface moving at a constant speed is derived. The agreement between the frequency condition thus deduced from the dynamic equations of motion and the frequency condition derived from the jump condition associated with the integral equation supports the proposed law as a true conservation law. Additional comparisons such as amplitude discontinuities and Snells' law in a moving media further confirm the stated proposition. Results are stated concerning frequency and wave number relations across a shock front as predicted by the proposed conservation law.

  7. Order for execution of the law concerning regulation of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1977-01-01

    The designations according to Item 1, Article 3 and Item 1, Article 13 of the Law must be obtained for each factory or business place where refining and fabrication of nuclear material are to be performed. One who wants to obtain such designation should file an application attached with a business plan and other documents via the director of a regional bureau of international trade and industry having jurisdiction over such factory or business place. When nuclear material refiners and nuclear material fabricators wish to obtain the approval for change stipulated in Item 1, Article 6 and Item 1, Article 16 of the Law, they must file applications to the Prime Minister and the Minister of International Trade and Industry via said directors. Chief handlers of nuclear fuel materials shall be approved among those meeting the strict requirements. One who wishes to install reactors must obtain the approval for each factory or business place where the reactors are to be installed. The permission must be obtained for each nuclear ship entering Japanese waters. The reactors proper and several facilities are subject to periodic inspection. (Rikitake, Y.)

  8. Dynamic evolution characteristics of a fractional order hydropower station system

    Science.gov (United States)

    Gao, Xiang; Chen, Diyi; Yan, Donglin; Xu, Beibei; Wang, Xiangyu

    2018-01-01

    This paper investigates the dynamic evolution characteristics of the hydropower station by introducing the fractional order damping forces. A careful analysis of the dynamic characteristics of the generator shaft system is carried out under different values of fractional order. It turns out the vibration state of the axis coordinates has a certain evolution law with the increase of the fractional order. Significantly, the obtained law exists in the horizontal evolution and vertical evolution of the dynamical behaviors. Meanwhile, some interesting dynamical phenomena were found in this process. The outcomes of this study enrich the nonlinear dynamic theory from the engineering practice of hydropower stations.

  9. Traveling waves and conservation laws for highly nonlinear wave equations modeling Hertz chains

    Science.gov (United States)

    Przedborski, Michelle; Anco, Stephen C.

    2017-09-01

    A highly nonlinear, fourth-order wave equation that models the continuum theory of long wavelength pulses in weakly compressed, homogeneous, discrete chains with a general power-law contact interaction is studied. For this wave equation, all solitary wave solutions and all nonlinear periodic wave solutions, along with all conservation laws, are derived. The solutions are explicitly parameterized in terms of the asymptotic value of the wave amplitude in the case of solitary waves and the peak of the wave amplitude in the case of nonlinear periodic waves. All cases in which the solution expressions can be stated in an explicit analytic form using elementary functions are worked out. In these cases, explicit expressions for the total energy and total momentum for all solutions are obtained as well. The derivation of the solutions uses the conservation laws combined with an energy analysis argument to reduce the wave equation directly to a separable first-order differential equation that determines the wave amplitude in terms of the traveling wave variable. This method can be applied more generally to other highly nonlinear wave equations.

  10. Muslim personal law and the meaning of "law" in the South African and Indian constitutions

    OpenAIRE

    Rautenbach, Christa

    1999-01-01

    The Muslim population of South Africa follows a practice which may be referred to as Muslim personal law. Although section 15 of the Constitution of the Republic of South Africa 108 of 1996 recognises religious freedom and makes provision for the future recognition of other personal law systems, Muslim personal law is, at this stage, not formally recognised in terms of South African law. Since Muslim personal law receives no constitutional recognition the question may be asked whether the 199...

  11. Extent of availability and utilization of law reports by law students in ...

    African Journals Online (AJOL)

    This study investigates the extent of availability and utilization of law reports by final year lawstudents in the Universities of Uyo and Calabar law libraries. Survey research design was adopted for the study. A total of 450 under graduate final year Law students projects were examined to determine thefrequencyofcitations of ...

  12. Transnational legal assemblages and global security law: topologies and temporalities of the list

    NARCIS (Netherlands)

    Sullivan, G.

    2014-01-01

    This article examines the UN 1267 Al-Qaida sanctions regime as a technique of global security listing and form of transnational law with distinct legal ordering processes. Conventional literatures frame these sanctions in formalist terms, flattening their complexity. Understanding their qualities

  13. Origin of Noncubic Scaling Law in Disordered Granular Packing

    Energy Technology Data Exchange (ETDEWEB)

    Xia, Chengjie; Li, Jindong; Kou, Binquan; Cao, Yixin; Li, Zhifeng; Xiao, Xianghui; Fu, Yanan; Xiao, Tiqiao; Hong, Liang; Zhang, Jie; Kob, Walter; Wang, Yujie

    2017-06-01

    Recent diffraction experiments on metallic glasses have unveiled an unexpected non-cubic scaling law between density and average interatomic distance, which lead to the speculations on the presence of fractal glass order. Using X-ray tomography we identify here a similar non-cubic scaling law in disordered granular packing of spherical particles. We find that the scaling law is directly related to the contact neighbors within first nearest neighbor shell, and therefore is closely connected to the phenomenon of jamming. The seemingly universal scaling exponent around 2.5 arises due to the isostatic condition with contact number around 6, and we argue that the exponent should not be universal.

  14. WATER LAW AND MODEL OF RESPONSIBLE WATER USAGE

    Directory of Open Access Journals (Sweden)

    Dmitri Olegovitch Sivakov

    2017-03-01

    Full Text Available As it is known, the water law regulates dynamic social relationships concerning study, usage and protection of water objects, as well as their transformation. The water law explicitly regulates water economic activities. The regulatory method of the water law has a mixed nature and thus is not distinctive. It predetermines in some cases equality and independence of subjects of relationships (water usage agreement and in other – power and submission (permissive nature of water usage. The aim of the publication is to promote scientific ideas about the fate of the water law in order to make a further polygonal and productive discussion in which the reader is invited to participate. Scientific novelty. In 2016 the monograph of D.O. Sivakov “Water law: dynamics, problems, perspectives: monograph” (second edition, reviewed and updated. Moscow: Stolitsa, 2016. 540 p. was published. In 2017 the author reconsidered some conclusions of his monograph and applied scientific achievements of theory of state and law in water sphere. In accordance with this, it is important to mention research of Petrov D.E. related to issues of differentiation and integration of structural formations of Russian legal system. The scientific novelty of the article includes the synthesis of ideas of the monograph and some achievements of theory of state and law. Methods of research. The author of the article relies on some collective and individual monographic studies in the sphere of theory of state and law, natural resource law, arctic law, financial law. Basic results of research. The author promotes the model of responsible water usage. This model shall be based not on the unstable balance of economic and environmental interests (which shall practically lead to the domination of economic interests, but on the obligatory combination of economic activities with technologies, ensuring maximal preservation of water resources. Responsible water usage shall mean a system of

  15. Ghosts of inventions: Patent law's digital mediations.

    Science.gov (United States)

    Kang, Hyo Yoon

    2018-04-01

    This article examines the shifts in the material ordering of inventions in patent law organization and their effects on the meaning and scope of inventions as intellectual property. Formats and media are constitutive of the establishment and stabilization of inventions as objects of intellectual property. Modern patent law's materiality had been dominated by paper documents but ever more consists of digital images, files, and networked data. The article traces and analyzes such effects of digital media on the meaning of intellectual/intangible property and argues that inventions increasingly matter as digital data in the legal realm.

  16. Notion and order of determining the losses under the Vienna convention of UNO 1980 (by the example of law of England

    Directory of Open Access Journals (Sweden)

    Aleksandr V. Padiryakov

    2015-12-01

    Full Text Available Objective to carry out a comprehensive analysis of the institution of losses under the Vienna Convention of 1980 and its implementation in comparison with the regulation of the institution of losses in the law of England. Methods universal dialectic method of cognition as well as general scientific and private research methods based on it. Results the article analyses legal regulation of the institution of losses under the Vienna Convention of 1980 and reviews the practice of its application by the courts of various states as well as presents a comparative legal analysis of the institution of losses under the Vienna Convention of 1980 and the law of England. Scientific novelty the article suggests practical recommendations on using the provisions of the Vienna Convention 1980 on losses and international practices in contracting. Practical significance the findings of this paper can be used in scientific legislative and law enforcement activities and in the educational process of higher education institutions. nbsp

  17. Is looting-to-order “just a myth”? Open-source analysis of theft-to-order of cultural property

    OpenAIRE

    Samuel Andrew Hardy

    2015-01-01

    Looting-to-order or theft-to-order of cultural assets has been widely dismissed as a myth. To test that, an open-source analysis of cases and testimony from law enforcement agents, perpetrators of cultural property crime and cultural heritage professionals was conducted. Web searches were conducted for reports that addressed looting, stealing or theft of cultural property on commission or to order; for material that discussed looters, robbers or thieves who had been contracted, employed, hire...

  18. INTELLIGENT FRACTIONAL ORDER ITERATIVE LEARNING CONTROL USING FEEDBACK LINEARIZATION FOR A SINGLE-LINK ROBOT

    Directory of Open Access Journals (Sweden)

    Iman Ghasemi

    2017-05-01

    Full Text Available In this paper, iterative learning control (ILC is combined with an optimal fractional order derivative (BBO-Da-type ILC and optimal fractional and proportional-derivative (BBO-PDa-type ILC. In the update law of Arimoto's derivative iterative learning control, a first order derivative of tracking error signal is used. In the proposed method, fractional order derivative of the error signal is stated in term of 'sa' where  to update iterative learning control law. Two types of fractional order iterative learning control namely PDa-type ILC and Da-type ILC are gained for different value of a. In order to improve the performance of closed-loop control system, coefficients of both  and  learning law i.e. proportional , derivative  and  are optimized using Biogeography-Based optimization algorithm (BBO. Outcome of the simulation results are compared with those of the conventional fractional order iterative learning control to verify effectiveness of BBO-Da-type ILC and BBO-PDa-type ILC

  19. Justice, legal validity and the force of law with special reference to ...

    African Journals Online (AJOL)

    In order to account for this coherence Dooyeweerd developed a theory in which both the ... On this basis the difference between law and justice is specified by ... legal principles and the regulatively deepened (disclosed) principles of legal ...

  20. «I speak generally of Law». Law, Laws and Courts in the Dialogue of Thomas Hobbes

    Directory of Open Access Journals (Sweden)

    Mario Piccinini

    2014-12-01

    Full Text Available Analyzing the Dialogue between a Philosopher and a Student of the Common Laws of England by Thomas Hobbes, the essay traces the historical tradition and the reasons for its secular underestimation. The Hobbesian text is placed within the history of English law and the controversies that accompanied and followed the revolution of 1640. It is then compared with the political works of Hobbes, showing how the silence of the law is gradually replacing the state of nature as image of the death of the Commonwealth. The Dialogue proves to be a firm position in favor of an universal and equal capacity to understand what the law is. This latter is the product of the will of a sovereign, who however is the institutionalization of the authorization of the individuals who constitute it.

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

    Directory of Open Access Journals (Sweden)

    Sarah Summers

    2015-07-01

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

  2. Symmetries and integrability of a fourth-order Euler-Bernoulli beam equation

    International Nuclear Information System (INIS)

    Bokhari, Ashfaque H.; Zaman, F. D.; Mahomed, F. M.

    2010-01-01

    The complete symmetry group classification of the fourth-order Euler-Bernoulli ordinary differential equation, where the elastic modulus and the area moment of inertia are constants and the applied load is a function of the normal displacement, is obtained. We perform the Lie and Noether symmetry analysis of this problem. In the Lie analysis, the principal Lie algebra which is one dimensional extends in four cases, viz. the linear, exponential, general power law, and a negative fractional power law. It is further shown that two cases arise in the Noether classification with respect to the standard Lagrangian. That is, the linear case for which the Noether algebra dimension is one less than the Lie algebra dimension as well as the negative fractional power law. In the latter case the Noether algebra is three dimensional and is isomorphic to the Lie algebra which is sl(2,R). This exceptional case, although admitting the nonsolvable algebra sl(2,R), remarkably allows for a two-parameter family of exact solutions via the Noether integrals. The Lie reduction gives a second-order ordinary differential equation which has nonlocal symmetry.

  3. Business and human rights: from soft law to hard law?

    Directory of Open Access Journals (Sweden)

    Ramona Elisabeta Cîrlig

    2016-12-01

    Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

  4. The concept of humanitarian intervention in the context of contemporary international law

    OpenAIRE

    Grigaitė, Gabija

    2012-01-01

    Humanitarian intervention is a contraversial concept of international law doctrine because of its compatibility with the principles of state’s sovereignty and non - use of force in the contemporary international law. The Dissertation is intended for a systematic analysis of the concept of humanitarian intervention and its legality problem in order to provide coherent concept of humanitarian intervention in contemporary international law. This is one of the first efforts in the international l...

  5. Summary of the law relating to atomic energy and radioactive substances

    International Nuclear Information System (INIS)

    Sim, D.F.; Ritchie, K.J.S.

    1982-04-01

    The law relating to atomic energy and radioactive substances in the United Kingdom is summarized under the following headings: the Common Law; legislation (Atomic Energy Act 1946; Radioactive Substances Acts 1948 and 1960; Electricity (Amendment) Act 1961; Nuclear Installations Act 1965 and 1969 (and subordinate legislation); Secretary of State for Trade and Industry Order 1970; Radiological Protection Act 1970 (as amended); Air Navigation (Restriction of Flying)(Atomic Energy Establishments) Regulations 1981; Nuclear Safeguards and Electricity (Finance) Act 1978; legislation relating to the UK Atomic Energy Authority); Regulations under the Factories Act 1961; Regulations relating to educational establishments; Regulations and Orders relating to food and medicines; Regulations, etc., affecting the transport of radioactive materials; Regulations under the Social Security Act 1975; control of import and export; the Euratom Treaty; important non-statutory Codes of Practice, etc.; international conventions, etc., relating to the peaceful use of atomic energy and radioactive substances, in which the United Kingdom is interested; foreign legislation. (U.K.)

  6. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

    International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

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

    International Nuclear Information System (INIS)

    Chiu Yen-Lin, A.

    2000-04-01

    In the last three decades environmental law has become an important part of jurisprudence. As a cross-section subject environmental law refers to a number of different legal subjects, making a clear distinguishing impossible. The thesis has the purpose to explain the concept of environmental law and to systematize the field of environmental law (also with regard to a general codification). Beginning with a summary of environmental law definitions and following a review of the international and national legal development there is an overall view about the sources, the various sections, the principles, the instruments and the implementing institutions of environmental law. The question of a complete codification of environmental law in a statute book is of special interest, as there are also international endeavors going in this direction. (author)

  8. The Social Life of Abortion Law: on Personal and Political Pedagogy.

    Science.gov (United States)

    Priaulx, Nicky

    2017-02-01

    The current contribution seeks to start a conversation around our pedagogical practice in respect of abortion law. Centralising the traditional portrayal of abortion law within the medical law curriculum, this essay highlights the privileging of a very particular storyline about abortion. Exploring the terrain in evaluating medical law methodologies, this essay highlights the illusion of 'balance', 'objectivity', and 'neutrality' that emerges from current pedagogy in light of how abortion law is framed and in particular what is excluded: women's own voices. Focusing on a number of 'exclusions' and 'silences' and noting how closely these mirror dominant discourse in the public sphere, this essay highlights the irony of a curriculum that reflects, rather than challenges, these discursive gaps. Arguing that the setting of a curriculum is inevitably political, ambitions for delivering a programme around abortion that is 'neutral', 'objective', or 'balanced' are dismissed. Instead, highlighting the problems of what is currently excluded, how materials are ordered, and the tacit hierarchies that lend legitimacy and authority to a particular way of 'knowing' abortion, this essay argues for a new curriculum and a new storyline-one which is supported by prior learning in feminist legal scholarship and a medical law curriculum in which the social, historical, geographical, and above all, personal is ever-present and central. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  9. The Golden Arches Meet the Hallowed Halls: Franchise Law and the Law School Curriculum.

    Science.gov (United States)

    Wright, Danaya

    1995-01-01

    A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…

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

    Directory of Open Access Journals (Sweden)

    Endra Wijaya

    2017-11-01

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

  11. Ohm's Law, Kirchoff's Law and the Drunkard's Walk The Drunkard's ...

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 2; Issue 12. Ohm's Law, Kirchoff's Law and the Drunkard's Walk The Drunkard's Walk. Rahul Roy. General Article Volume 2 Issue 12 December 1997 pp 33-38. Fulltext. Click here to view fulltext PDF. Permanent link:

  12. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  13. Space Law and China

    Science.gov (United States)

    Tronchetti, Fabio

    2017-08-01

    Over the past few years, China has made remarkable achievements in the space sector and become one of the most relevant players in the outer space domain. Highlights of this process have been the deployment in orbit of the first Chinese space station, Tiangong-1, on September 29, 2011; and the landing of the Yutu rover on the lunar surface on December 14, 2013. While technological developments have occurred at such a rapid pace, the same cannot be said of the regulatory framework governing Chinese space activities, which still lays at its infant stage. Indeed, unlike other major space-faring countries, China lacks comprehensive and uniform national space legislation; as of now, China has enacted two low-level administrative regulations addressing the issues of launching and registration of space objects. With the growth of the Chinese space program, such a lack of a structured national space law is beginning to show its limits and to create concerns about its negative impact on business opportunities and the ability of China to fully comply with international obligations. One should keep in mind that the international space treaties (China is part to four international space law treaties) are not self-executing, thus requiring States to adopt domestic measures to ensure their effective implementation. Importantly, Chinese authorities appear to be aware of these issues; as stated by the secretary-general of the Chinese National Space Administration (CNSA) in 2014, national space law has been listed in the national legislation plan and the CNSA is directly engaged in such a process. However, questions remain as to how this drafting process will be conducted and what legal form and content the law will have. For example, China could either decide to proceed with a gradual approach, consisting in the adoption of laws addressing selected issues to be eventually assembled into one single law; or to directly move to the adoption of one comprehensive law. In any case, if

  14. Labor Laws and Innovation

    OpenAIRE

    Viral V. Acharya; Ramin P. Baghai; Krishnamurthy V. Subramanian

    2013-01-01

    Can stringent labor laws be efficient? Possibly, if they provide firms with a commitment device to not punish short-run failures and thereby incentivize the pursuit of value-maximizing innovative activities. In this paper, we provide empirical evidence that strong labor laws indeed appear to have an ex ante positive incentive effect by encouraging the innovative pursuits of firms and their employees. Using patents and citations as proxies for innovation and a time-varying index of labor laws,...

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2009-07-01

    This book contains the contributions and discussion of the 13th annual meeting of the Institute of Mining Law and Energy Law of the Ruhr University Bochum. The meeting washed on 6 March 2009 under the title ''Problems and Perspectives in Energy Law and Environmental Law''. (orig.)

  16. High-resolution finite-difference algorithms for conservation laws

    International Nuclear Information System (INIS)

    Towers, J.D.

    1987-01-01

    A new class of Total Variation Decreasing (TVD) schemes for 2-dimensional scalar conservation laws is constructed using either flux-limited or slope-limited numerical fluxes. The schemes are proven to have formal second-order accuracy in regions where neither u/sub x/ nor y/sub y/ vanishes. A new class of high-resolution large-time-step TVD schemes is constructed by adding flux-limited correction terms to the first-order accurate large-time-step version of the Engquist-Osher scheme. The use of the transport-collapse operator in place of the exact solution operator for the construction of difference schemes is studied. The production of spurious extrema by difference schemes is studied. A simple condition guaranteeing the nonproduction of spurious extrema is derived. A sufficient class of entropy inequalities for a conservation law with a flux having a single inflection point is presented. Finite-difference schemes satisfying a discrete version of each entropy inequality are only first-order accurate

  17. The Law of Diminishing Elasticity of Demand in Harrod’s Trade Cycle (1936)

    OpenAIRE

    Michaël Assous; Olivier Bruno; Muriel Dal-Pont Legrand

    2015-01-01

    In The Trade Cycle, Roy Harrod [1936a] propounded the Law of Diminishing Elasticity of Demand. The present paper tries to clarify the precise role Harrod assigned to this law in order to understand his trade cycle theory. We discuss the micro and macro foundations of the Law of Diminishing Elasticity of Demand and how, according to Harrod, it explains one of the main mechanisms that stabilize the economy during the trade cycle. In addition, we show how the Law of Diminishing Elasticity of Dem...

  18. Law, Justice and a Potential Security Gap: The ‘Organization’ Requirement in International Humanitarian Law and International Criminal Law

    NARCIS (Netherlands)

    Fortin, K.M.A.; Bartels, Rogier

    2016-01-01

    This article explores the ‘organizational’ or ‘organization’ criterion for both noninternational armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried out

  19. Law and Literature: a theoretical perspective

    Directory of Open Access Journals (Sweden)

    Lorenzo Zolezzi Ibárcena

    2013-12-01

    Full Text Available While most of the Law and Literature books and articles stress from the beginning the distinction between Law in Literature and Law as Literature, my approach is from the standpoint of Law teaching. A course on Law and Literature will help the students not only to write better, but it may convey the students facts that surround the work of the formal legal systemas the human condition or the legal culture, as well as a legal perspective thatis, so to speak, engraved in the human mind. The so-called didactic school is treated and criticized. The distinction between Law in Literature and Law as Literature cuts across the whole work.

  20. Modified Van der Waals equation and law of corresponding states

    Science.gov (United States)

    Zhong, Wei; Xiao, Changming; Zhu, Yongkai

    2017-04-01

    It is well known that the Van der Waals equation is a modification of the ideal gas law, yet it can be used to describe both gas and liquid, and some important messages can be obtained from this state equation. However, the Van der Waals equation is not a precise state equation, and it does not give a good description of the law of corresponding states. In this paper, we expand the Van der Waals equation into its Taylor's series form, and then modify the fourth order expansion by changing the constant Virial coefficients into their analogous ones. Via this way, a more precise result about the law of corresponding states has been obtained, and the law of corresponding states can then be expressed as: in terms of the reduced variables, all fluids should obey the same equation with the analogous Virial coefficients. In addition, the system of 3 He with quantum effects has also been taken into consideration with our modified Van der Waals equation, and it is found that, for a normal system without quantum effect, the modification on ideal gas law from the Van der Waals equation is more significant than the real case, however, for a system with quantum effect, this modification is less significant than the real case, thus a factor is introduced in this paper to weaken or strengthen the modification of the Van der Waals equation, respectively.

  1. Important characteristics and constitutional law basis of the optional instrument for European contract law

    Directory of Open Access Journals (Sweden)

    Silvija Petrić

    2009-01-01

    Full Text Available This paper is dedicated to the analysis of the optional instrument for European contract law as one of the measures which the European Commission suggests within the framework of the initiative of European contract law. It is about the system of general rules of contract law and particular rules for those contracts which are the most important for the functioning of a unified European market. The paper analyses the reasons for suggesting such measures, the basic characteristics and purpose, possible ways of application, potential content and structure, its relation to other Acts and measures of community law, and, in particular, the possible constitutional law basis for the bringing in of such an act of Community law.

  2. Development of a Model Following Control Law for Inflight Simulation and Flight Controls Research

    Science.gov (United States)

    Takahashi, Mark; Fletcher, Jay; Aiken, Edwin W. (Technical Monitor)

    1994-01-01

    quality models that include rotor dynamics in a physically meaningful context must be available. A non-physical accounting of the rotor, such as lumping the effect as a time delay, is not likely to produce the desired results. High order simulation models based on first principals are satisfactory for the initial design phase in order to work out the control law design concept and get an initial set of gains. These models, however, have known deficiencies, which must be resolved in the final control law design. The error in the pitch-roll cross coupling is one notable deficiency that even sophisticated rotorcraft models including complex wake aerodynamics have yet to capture successfully. This error must be accounted for to achieve the desired decoupling. The approach to design the proposed inflight simulation control law is based on using a combination of simulation and identified models. The linear and nonlinear higher order models were used to develop an explicit model following control structure. This structure was developed to accommodate the design of control laws compliant to many of the quantitative requirements in ADS-33C. Furthermore, it also allows for control law research using rotor-state feedback and other design methodologies such as Quantitative Feedback and H-Infinity. Final gain selection will be based on higher order identified models which include rotor degrees of freedom.

  3. Sim and Ritchie's summary of the law relating to atomic energy and radioactive substances

    International Nuclear Information System (INIS)

    Grazebrook, D.; Turner, M.

    1984-12-01

    The law is summarised under the headings: the Common Law; the Legislation; Regulations under the Factories Act 1961; Regulations relating to educational establishments; Regulations and Orders relating to food and medicines; Regulations, Rules, etc. affecting the transport of radioactive materials; Regulations under the Social Security Act 1975; control of import and export; the Euratom Treaty; important non-statutory Codes of Practice, etc.; international Conventions, Regulations, etc. relating to the peaceful use of atomic energy and radioactive substances, in which the United Kingdom is interested; foreign legislation. (U.K.)

  4. Law across nations

    DEFF Research Database (Denmark)

    of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

  5. The Existence of Customary Law in the Polemics of Positive Law – a Study From the Perspective of Constitutional Law

    OpenAIRE

    Saleh, M

    2013-01-01

    As a member of the law family, the Adat law is one form of positive law which plays particular role and contribution in the making process of the whole positive law in Indonesia. Existence of Adat law in the constitutional of Indonesia painted its own color. As one of the oldest customary law in the life of local community Adat law has become the seed and formatting idea of Indonesia's national law where Adat Law has widely influenced other positive law.

  6. Archive Fever: 'order is no longer assured' | Boshoff | South African ...

    African Journals Online (AJOL)

    This article uses a close reading of Jacques Derrida's short work Archive fever: A Freudian impression (1996), in order to show the structural impossibility for law and the wider legal system to protect itself from the destabilising effects of deconstruction. It shows law's inability to stabilise/close the system and hence its inability ...

  7. Distinguishing Between Private Law and Social-Security Law in ...

    African Journals Online (AJOL)

    This article attempts to highlight the potential danger in applying private-law principles to social-security law in deciding whether or not social grants should be deducted from awards for damages. Typically, this issue comes to the fore where a damage-causing event, such as death, sets into motion a system that provides for ...

  8. From the categorical imperative to the moral law

    OpenAIRE

    Vahl, Marianne

    2008-01-01

    This thesis is a critical survey of Christine Korsgaard’s arguments regarding the rational basis for moral obligations. I focus on her arguments taking us from the categorical imperative to the Moral Law. She makes a distinction that Kant does not; claiming that the categorical imperative is not the Moral Law. In order to equate rational agency with moral agency Korsgaard therefore needs some additional arguments. These arguments, I argue, are not convincing. My claim is that they do not succ...

  9. Networks and informal contract law

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric; Brownsword, Roger; van Gestel, Rob A.J.; Micklitz, Hans-W.

    2017-01-01

    It is often argued that formal contract law cannot treat networks correctly. An analysis of networks in an informal contract law system shows that informal contract law is no panacea. Remaining problems require a different approach to legal regulation and contract practice.

  10. Ethics and the law: the law and assisted human conception.

    Science.gov (United States)

    Brahams, D

    1990-07-01

    This article aims to provide no more than a brief summary and overview of some of the principal legal questions which arise in connection with assisted human conception. There is no requirement of legal suitability for natural parenthood, though a child may be removed from parental care at birth if its welfare is considered to be at risk. Where medical or other assistance is required, however, the law and social judgments may impinge on the freedom of individuals to procreate. Commercial surrogacy has recently been criminalized, but private surrogacy arrangements without reward are not illegal--although any contract would probably be unenforceable through the courts. If medical intervention is required to achieve assisted conception, the availability of resources for NHS treatment, the physical and mental health of the prospective mother and father, and the welfare (or lack of it) of any prospective child, may be factors in deciding whether an infertility unit will offer treatment. Such practices must not operate unfairly and must not discriminate on racial grounds. If treatment is provided, and a woman becomes pregnant, the ordinary abortion laws will apply and, it is thought, will extend to the selective reduction of a multiple pregnancy--there is no claim in English law for 'wrongful birth'. AID does not constitute adultery, and the law has recently been reformed to recognize children born following AID as legitimate to their social parents. A child may be regarded as the legitimate child of a surrogate mother's marriage, but where the baby is genetically distinct from the surrogate mother, the law, and is uncertain and as yet could be conflicting claims of parenthood without legislation. The storage and disposal of human gametes and embryos may raise problems of 'ownership'.

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

    Directory of Open Access Journals (Sweden)

    Mirosław Bączyk

    2015-06-01

    Full Text Available The problem, which is examined in the study, is the legal way of creation of civil law obligations. Civil law obligations are created by civil law transactions (especially by contracts. There is the question, if civil law obligations can be created directly by the legal regulations? This issue is important for the legal and financial relations between the Treasury, local government and other legal persons.

  12. Law and Investment in Africa

    OpenAIRE

    Simplice A., Asongu

    2011-01-01

    Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...

  13. Association of rule of law and health outcomes: an ecological study.

    Science.gov (United States)

    Pinzon-Rondon, Angela Maria; Attaran, Amir; Botero, Juan Carlos; Ruiz-Sternberg, Angela Maria

    2015-10-29

    To explore whether the rule of law is a foundational determinant of health that underlies other socioeconomic, political and cultural factors that have been associated with health outcomes. Global project. Data set of 96 countries, comprising 91% of the global population. The following health indicators, infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, were included to explore their association with the rule of law. We used a novel Rule of Law Index, gathered from survey sources, in a cross-sectional and ecological design. The Index is based on eight subindices: (1) Constraints on Government Powers; (2) Absence of Corruption; (3) Order and Security; (4) Fundamental Rights; (5) Open Government; (6) Regulatory Enforcement, (7) Civil Justice; and (8) Criminal Justice. The rule of law showed an independent association with infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, after adjusting for the countries' level of per capita income, their expenditures in health, their level of political and civil freedom, their Gini measure of inequality and women's status (plaw remained significant in all the multivariate models, and the following adjustment for potential confounders remained robust for at least one or more of the health outcomes across all eight subindices of the rule of law. Findings show that the higher the country's level of adherence to the rule of law, the better the health of the population. It is necessary to start considering the country's adherence to the rule of law as a foundational determinant of health. Health advocates should consider the improvement of rule of law as a tool to improve population health. Conversely, lack of progress in rule of law may constitute a structural barrier to health improvement. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a

  14. Experimental Verification of Boyle's Law and the Ideal Gas Law

    Science.gov (United States)

    Ivanov, Dragia Trifonov

    2007-01-01

    Two new experiments are offered concerning the experimental verification of Boyle's law and the ideal gas law. To carry out the experiments, glass tubes, water, a syringe and a metal manometer are used. The pressure of the saturated water vapour is taken into consideration. For educational purposes, the experiments are characterized by their…

  15. European contract law and the capabilities approach: on distributive responsibility for contract law

    NARCIS (Netherlands)

    Tjon Soei Len, L.; Weidtmann, N.; Hölzchen, Y.M.; Hawa, B.

    2012-01-01

    This paper argues that the normative requirements of Nussbaum’s capabilities approach extend to contract law (and private law more broadly). Contract law is part of a society’s basic structure, i.e. the responsibility bearing structure that is to secure and enhance individuals’ basic capabilities.

  16. Association of rule of law and health outcomes: an ecological study

    Science.gov (United States)

    Pinzon-Rondon, Angela Maria; Attaran, Amir; Botero, Juan Carlos; Ruiz-Sternberg, Angela Maria

    2015-01-01

    Objectives To explore whether the rule of law is a foundational determinant of health that underlies other socioeconomic, political and cultural factors that have been associated with health outcomes. Setting Global project. Participants Data set of 96 countries, comprising 91% of the global population. Primary and secondary outcome measures The following health indicators, infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, were included to explore their association with the rule of law. We used a novel Rule of Law Index, gathered from survey sources, in a cross-sectional and ecological design. The Index is based on eight subindices: (1) Constraints on Government Powers; (2) Absence of Corruption; (3) Order and Security; (4) Fundamental Rights; (5) Open Government; (6) Regulatory Enforcement, (7) Civil Justice; and (8) Criminal Justice. Results The rule of law showed an independent association with infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, after adjusting for the countries’ level of per capita income, their expenditures in health, their level of political and civil freedom, their Gini measure of inequality and women's status (pconstitute a structural barrier to health improvement. PMID:26515684

  17. Characterization of powders up to date laws of compression

    International Nuclear Information System (INIS)

    Cathala, B.; Nicolas, G.

    2001-01-01

    Many studies have been carried out in order to be able to describe the relationship d = f(P) of the compression phase of a powder in a more or less empirical fashion. Among the different laws, that of Heckel is the more frequently applied. The inconvenience of this, however, is that it does not bear witness to the behavior of the powder at extremely low pressure. Two new laws are described hereinafter (a complement to Heckel's Law and a new model), in attempt to solve this problem. The outcome of these equations forms the basis of the identification of the analysed powder, and its statistical sample testing contributes to product quality control. (author)

  18. On double reductions from symmetries and conservation laws for a damped Boussinesq equation

    International Nuclear Information System (INIS)

    Gandarias, M.L.; Rosa, M.

    2016-01-01

    In this work, we study a Boussinesq equation with a strong damping term from the point of view of the Lie theory. We derive the classical Lie symmetries admitted by the equation as well as the reduced ordinary differential equations. Some nontrivial conservation laws are derived by using the multipliers method. Taking into account the relationship between symmetries and conservation laws and applying the double reduction method, we obtain a direct reduction of order of the ordinary differential equations and in particular a kink solution.

  19. RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

    Directory of Open Access Journals (Sweden)

    Virgilijus Valančius

    2017-12-01

    Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

  20. 25 CFR 12.1 - Who is responsible for the Bureau of Indian Affairs law enforcement function?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Who is responsible for the Bureau of Indian Affairs law enforcement function? 12.1 Section 12.1 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Responsibilities § 12.1 Who is responsible for the Bureau of Indian Affairs law enforcement function? Th...

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

    NARCIS (Netherlands)

    d' Aspremont, J.

    2010-01-01

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

  2. International law, constitutional law, and public support for torture

    Directory of Open Access Journals (Sweden)

    Adam S Chilton

    2016-03-01

    Full Text Available The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.

  3. THE MEASURES OF CONSTRAINT IN THE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Dumitriţa FLOREA

    2013-12-01

    Full Text Available For being addressee of the state international responsibility, the entities guilty of the trigger of an conflict or by of the commit of an fact through it’s bring touch to the international public order, must have the quality of the subject of international public law or to be participant to an report of law like this, knowing that the reports which it’s settle between the entities which actions in the international society are considered the international relationships. The relationships which are established between the subjects of international law are falling under the international public law. The constraints is an element of international law which does not constitute an violation, but an mean of achievement of the law. The base element of the constraint is legality, including from the point of view of foundation, method and the volume. The constraint is determine, first of all by the purpose and base principles of the international law. The countermeasure are limited through the temporary a groundless of the obligations by the injured states, face to the guilty state and are considered legal until it will be achieved their purpose. They must have applied in a sort way to permit re-establish of the application of obligations infringe. This rule has to do with Convention of Vienna from 1969 regarding the treaties law, according to “in the time of abeyance period, the parties must abstain from any deeds which will tend to impedes the resumption of applying the treaty”

  4. Law Commissions – What is the essence of their law reform role?

    Directory of Open Access Journals (Sweden)

    Neil Faris

    2014-10-01

    Full Text Available Article by Neil Faris (Solicitor and a former Commissioner at the Northern Ireland Law Commission reflecting on the nature of law reform as carried out by law commissions. This is in the context of the author’s experience in the Northern Ireland Law Commission. The paper assesses the importance of independence in any law reform body and the particular impact which law commissioners may bring to the law reform process. The paper looks at the history of law reform in Northern Ireland leading to the establishment of the Commission with a brief overview of the work of the Commission. The conclusion is that there is a role for effective law reform driven by commissioner led independent law commissions. The author makes a strong case for the need for independent law commissions to promote high quality law reform. His article gives an idea about how law reform works in practice with law commissions providing one route for reforming the law.

  5. CONFLICTS IN THE INTERNATIONAL TAX LAW AND ANSWERS OF THE EUROPEAN TAX LAW

    OpenAIRE

    Éva ERDÕS

    2011-01-01

    This study tries to show the essence of the international tax law, and gives a definition of it, as the origine of the international tax conflicts, but secondly the international tax law solved the international tax conflicts. One device of the solving method of the international tax law is the international treaties between the Member States about the avoidance of the double taxation. We should give a definition to the European tax law, as the result of the European tax harmonisation, but th...

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

    Energy Technology Data Exchange (ETDEWEB)

    Knopp, L.

    1994-11-20

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

  7. 75 FR 77658 - Public Land Order No. 7755; Withdrawal of Public Lands and Reserved Federal Minerals for the Ash...

    Science.gov (United States)

    2010-12-13

    ... mining laws (30 U.S.C. Ch. 2), and jurisdiction is transferred to the U.S. Fish and Wildlife Service for... mining laws, and 5,570.02 acres of reserved Federal minerals from location under the mining laws, subject.... This order also transfers jurisdiction of the public lands within the Ash Meadows National Wildlife...

  8. A TWO-COMPONENT POWER LAW COVERING NEARLY FOUR ORDERS OF MAGNITUDE IN THE POWER SPECTRUM OF SPITZER FAR-INFRARED EMISSION FROM THE LARGE MAGELLANIC CLOUD

    International Nuclear Information System (INIS)

    Block, David L.; Puerari, Ivanio; Elmegreen, Bruce G.; Bournaud, Frederic

    2010-01-01

    Power spectra of Large Magellanic Cloud (LMC) emission at 24, 70, and 160 μm observed with the Spitzer Space Telescope have a two-component power-law structure with a shallow slope of -1.6 at low wavenumber, k, and a steep slope of -2.9 at high k. The break occurs at k -1 ∼ 100-200 pc, which is interpreted as the line-of-sight thickness of the LMC disk. The slopes are slightly steeper for longer wavelengths, suggesting the cooler dust emission is smoother than the hot emission. The power spectrum (PS) covers ∼3.5 orders of magnitude, and the break in the slope is in the middle of this range on a logarithmic scale. Large-scale driving from galactic and extragalactic processes, including disk self-gravity, spiral waves, and bars, presumably causes the low-k structure in what is effectively a two-dimensional geometry. Small-scale driving from stellar processes and shocks causes the high-k structure in a three-dimensional geometry. This transition in dimensionality corresponds to the observed change in PS slope. A companion paper models the observed power law with a self-gravitating hydrodynamics simulation of a galaxy like the LMC.

  9. A Law and Economics Approach to Norms in Transnational Commercial Transactions: Incorporation and Internalisation

    NARCIS (Netherlands)

    B. Yuan (Bo)

    2016-01-01

    textabstractIn today’s global economy, a noticeable trend is that the traditional state-law-centred legal framework is increasingly challenged by self-regulatory private orders. Commercial norms, commercial arbitration and social sanctions at the international level have become important

  10. Order and turbulence in rf-driven Josephson junction series arrays

    International Nuclear Information System (INIS)

    Dominguez, D.; Cerdeira, H.A.

    1994-01-01

    We study underdamped Josephson junction series arrays that are globally coupled through a resistive shunting load and driven by an rf bias current. We find coherent, ordered, partially ordered and turbulent regimes in the IV characteristics. The ordered regime corresponds to giant Shapiro steps. In the turbulent regime there is a saturation of the broad band noise for a large number of junctions. This corresponds to a breaking of the law of large numbers already seen in globally coupled maps. Coexisting with this, we find an emergence of novel pseudo-steps in the IV characteristics. (author). 18 refs, 3 figs

  11. Constitutional law and international law at the turn of the century

    Directory of Open Access Journals (Sweden)

    JA Frowein

    1998-11-01

    Full Text Available Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century.Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949 were influential.Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts.Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal.Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction.The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system.In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community of nations.International law has also been

  12. Contract theory and EU Contract Law

    OpenAIRE

    Hesselink, M.W.; Twigg-Flesner, C.

    2016-01-01

    This paper explores the relationship between contract theory and European contract law. In particular, it confronts the leading contract law theories with the main characteristics of EU contract law. The conclusion is that the two do not match well. In particular, monist normative contract theories are largely irreconcilable with the contract law of the EU. The paper further addresses the main implications of this mismatch, both for contract theory and for EU contract law. It suggests that in...

  13. Closing responsibilities: decommissioning and the law

    International Nuclear Information System (INIS)

    Macrory, R.

    1990-01-01

    Laws change over time, with the times. Interpretations of old laws shift and the need for new laws emerges. There are endless reasons for these necessary changes, but the basic impetus is the changing nature of societal circumstance. Fifty years ago there were no laws directly governing nuclear power in any way. Today we know that nuclear power touches people from their wallets to their descendants. Currently, many laws related to nuclear power are in place, laws which protect all sectors of society from electricity generating bodies to a newborn child, and the Chernobyl accident has broadened the legal ramifications of nuclear power even more. This expanding body of nuclear law reflects our expanding understanding of nuclear power from its technical beginnings to its societal consequences and implications. The law is now beginning to reflect the growing significance of decommissioning. What are the relationships between decommissioning and the existing laws, government agencies, and policies? Ironically, although the UK will lead the world in addressing decommissioning responsibilities, there are no explicit laws in place to govern the process. In the absence of specific legislation governing decommissioning, the primary responsibilities fall to the operators of the power plants, a circumstance not lost on those involved in privatization. In this chapter, the wide and varied legal ramifications of decommissioning are examined. (author)

  14. Law and Order in Algorithmics

    NARCIS (Netherlands)

    Fokkinga, M.M.

    1992-01-01

    An algorithm is the input-output effect of a computer program; mathematically, the notion of algorithm comes close to the notion of function. Just as arithmetic is the theory and practice of calculating with numbers, so is ALGORITHMICS the theory and practice of calculating with algorithms. Just as

  15. Noether Symmetries and Covariant Conservation Laws in Classical, Relativistic and Quantum Physics

    Directory of Open Access Journals (Sweden)

    Lorenzo Fatibene

    2010-04-01

    Full Text Available We review the Lagrangian formulation of (generalised Noether symmetries in the framework of Calculus of Variations in Jet Bundles, with a special attention to so-called “Natural Theories” and “Gauge-Natural Theories” that include all relevant Field Theories and physical applications (from Mechanics to General Relativity, to Gauge Theories, Supersymmetric Theories, Spinors, etc.. It is discussed how the use of Poincar´e–Cartan forms and decompositions of natural (or gauge-natural variational operators give rise to notions such as “generators of Noether symmetries”, energy and reduced energy flow, Bianchi identities, weak and strong conservation laws, covariant conservation laws, Hamiltonian-like conservation laws (such as, e.g., so-calledADMlaws in General Relativity with emphasis on the physical interpretation of the quantities calculated in specific cases (energy, angular momentum, entropy, etc.. A few substantially new and very recent applications/examples are presented to better show the power of the methods introduced: one in Classical Mechanics (definition of strong conservation laws in a frame-independent setting and a discussion on the way in which conserved quantities depend on the choice of an observer; one in Classical Field Theories (energy and entropy in General Relativity, in its standard formulation, in its spin-frame formulation, in its first order formulation “à la Palatini” and in its extensions to Non-Linear Gravity Theories; one in Quantum Field Theories (applications to conservation laws in Loop Quantum Gravity via spin connections and Barbero–Immirzi connections.

  16. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

  17. A baseline understanding of state laws governing e-cigarettes.

    Science.gov (United States)

    Gourdet, C K; Chriqui, J F; Chaloupka, F J

    2014-07-01

    Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  18. 24 CFR 50.20 - Categorical exclusions subject to the Federal laws and authorities cited in § 50.4.

    Science.gov (United States)

    2010-04-01

    ... the Federal laws and authorities cited in § 50.4. 50.20 Section 50.20 Housing and Urban Development... the Federal laws and authorities cited in § 50.4. (a) The following actions, activities and programs... individual compliance requirements of other environmental statutes, Executive orders and HUD standards cited...

  19. Spatial 't Hooft loop to cubic order in hot QCD

    CERN Document Server

    Giovannangeli, P.

    2002-01-01

    Spatial 't Hooft loops of strength k measure the qualitative change in the behaviour of electric colour flux in confined and deconfined phase of SU (N) gauge theory. They show an area law in the deconfined phase, known analytica lly to two loop order with a ``k-scaling'' law k(N-k). In this paper we comput e the O(g^3) correction to the tension. It is due to neutral gluon fields that get their mass through interaction with the wall. The simple k-scaling is lost in cubic order. The generic problem of non-convexity shows up in this order an d the cure is provided. The result for large N is explicitely given. We show tha t nonperturbative effects appear at O(g^5).

  20. 29 CFR 24.109 - Decision and orders of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... COMPLAINTS UNDER FEDERAL EMPLOYEE PROTECTION STATUTES Litigation § 24.109 Decision and orders of the... complainant has demonstrated by a preponderance of the evidence that the protected activity was a motivating... the evidence that the protected activity was a motivating factor in the unfavorable personnel action...

  1. The Civil Law Tradition and Constitutionalism in Twentieth Centruy Mexico. The Legacy of Emilio Rabasa

    Directory of Open Access Journals (Sweden)

    Charles A. Hale

    1998-07-01

    Full Text Available This article argues that it is neccessary to look to Mexico's "civil-law tradition", derived from Rome and continental Europe, in order to understand the problem of constitutionalism and judicial review in the country's public law. Two keys elements of that tradition are a depreciation of judges and a resistance to judge-made law, and the theoretical corollary that law emanates from the Legislator. The political and judicial thought of Emilio Rabasa provides an intriguing insight into these issues. Rabasa advocated a powerful supreme court on the North American pattern and yet resisted the "legislación de los jueces" that he oberved in practice while in exile in the United States from 1913 to 1920. The article argues further that despite Rabasa's ambivalence toward the Northe American legal model, the ssence of his juridical thought was critically  historical and comparative, a characteristic which declined in post-revolutionary Mexico, resulting in a divergence between law and history.

  2. Legislating tolerance: Spain's national public smoking law.

    Science.gov (United States)

    Muggli, Monique E; Lockhart, Nikki J; Ebbert, Jon O; Jiménez-Ruiz, Carlos A; Riesco Miranda, Juan Antonio; Hurt, Richard D

    2010-02-01

    While Spain's national tobacco control legislation prohibits smoking in many indoor public places, the law provides for an exception to the prohibition of smoking by allowing separate seating sections and ventilation options in certain public places such as bars and restaurants, hotels and airports. Accordingly, Spain's law is not aligned with Article 8 Guidelines of the World Health Organization's Framework Convention on Tobacco Control, which requires parties to ensure universal protection against secondhand smoke exposure in all enclosed public places, workplaces and on all means of public transport. Spain's law is currently being promoted by the tobacco companies in other countries as a model for smoke-free legislation. In order to prevent weakening of smoke-free laws in other countries through industry-supported exceptions, we investigated the tactics used by the tobacco companies before the implementation of the new law and assessed the consequences of these actions in the hospitality sector. Internal tobacco industry documents made public through US litigation settlements dating back to the 1980s were searched in 2008-9. Documents show that tobacco companies sought to protect hospitality venues from smoking restrictions by promoting separate seating for smokers and ineffective ventilation technologies, supporting an unenforceable voluntary agreement between the Madrid local government and the hospitality industry, influencing ventilation standards setting and manipulating Spanish media. The Spanish National Assembly should adopt comprehensive smoke-free legislation that does not accommodate the interests of the tobacco industry. In doing so, Spain's smoke-free public places law would be better aligned with the Framework Convention on Tobacco Control.

  3. The Yaglom law in the expanding solar wind

    International Nuclear Information System (INIS)

    Gogoberidze, G.; Perri, S.; Carbone, V.

    2013-01-01

    We study the Yaglom law, which relates the mixed third-order structure function to the average dissipation rate of turbulence, in a uniformly expanding solar wind by using the two-scale expansion model of magnetohydrodynamic (MHD) turbulence. We show that due to the expansion of the solar wind, two new terms appear in the Yaglom law. The first term is related to the decay of the turbulent energy by nonlinear interactions, whereas the second term is related to the non-zero cross-correlation of the Elsässer fields. Using magnetic field and plasma data from WIND and Helios 2 spacecrafts, we show that at lower frequencies in the inertial range of MHD turbulence the new terms become comparable to Yaglom's third-order mixed moment, and therefore they cannot be neglected in the evaluation of the energy cascade rate in the solar wind.

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

    Science.gov (United States)

    Cliquet, A

    2014-10-01

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

  5. Simple control law structure for the control of airplanes by means of their engines

    OpenAIRE

    Fezans, Nicolas

    2011-01-01

    In this paper a simple control law structure is presented for the control of airplanes using only the engines' thrust. For the design of such a propulsion controlled aircraft control law, the approach followed in this work is to look for the right level of performance in order to avoid both excessive engines activity and reduction of robustness properties. Another goal is to keep the control law and its tuning as simple as possible: for this a control law structure whose terms can easily be i...

  6. Law, Literature and Society

    Directory of Open Access Journals (Sweden)

    Ursula Miranda Bahiense de Lyra

    2016-06-01

    Full Text Available This research aims to highlight the importance of literature in critical thinking about the law, coupled with the search for the emergence of an autonomous political subject and as a possibility of materialization of a new right . This shall be used , bibliographic research , seeking at first discuss the historical background of the "Law and Literature Moviment " to later approach the thought of Michel Foucault , their ideas about power, the constitution subjectivity , the ethical dimension of the subject and the care of itself, the Aufklärung and its conception of this new law.

  7. International Treaties Tax Law in Brazilian Law

    Directory of Open Access Journals (Sweden)

    Milena Zampieri Sellmann

    2016-06-01

    Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

  8. Law & psychiatry: Gun laws and mental illness: how sensible are the current restrictions?

    Science.gov (United States)

    Appelbaum, Paul S; Swanson, Jeffrey W

    2010-07-01

    This column describes federal and state laws to restrict access to firearms among people with mental illness. The contribution to public safety of these laws is likely to be small because only 3%-5% of violent acts are attributable to serious mental illness, and most do not involve guns. The categories of persons with mental illnesses targeted by the laws may not be at higher risk of violence than other subgroups in this population. The laws may deter people from seeking treatment for fear of losing the right to possess firearms and may reinforce stereotypes of persons with mental illnesses as dangerous.

  9. Is Law science? | Roos | Potchefstroom Electronic Law Journal ...

    African Journals Online (AJOL)

    The question this contribution sets out to address is whether or not law can be regarded as a science. This notion is readily accepted by many, yet it is submitted that a proper theoretical justification for such an assumption is usually missing. The traditional primary sources of law, South African case law and legislation, ...

  10. Demonstrations of the Action and Reaction Law and the Energy Conservation Law Using Fine Spherical Plastic Beads

    Science.gov (United States)

    Khumaeni, A.; Tanaka, S.; Kobayashi, A.; Lee, Y. I.; Kurniawan, K. H.; Ishii, K.; Kagawa, K.

    2008-01-01

    Equipment for demonstrating Newton's third law and the energy conservation law in mechanics have successfully been constructed utilizing fine spherical plastic beads in place of metal ball bearings. To demonstrate Newton's third law, special magnetized Petri dishes were employed as objects, while to examine the energy conservation law, a…

  11. Higher-order superclustering in the Ostriker explosion scenario I. Three-point correlation functions of clusters in the constant and power-law models

    International Nuclear Information System (INIS)

    Jing Yipeng.

    1989-08-01

    We study the three-point correlation functions ρ(r, u, v) of clusters in the two types of explosion models by numerical simulations. The clusters are identified as the ''knots'' where three shells intersect. The shells are assumed to have the constant radii (the constant models) or have the power law radius distributions (the power law models). In both kinds of models, we find that ρ can be approximately expressed by the scaling form: ρ = Q(ξ 1 ξ 2 + ξ 2 ξ 3 + ξ 3 ξ 1 ), and Q is about 1, which are consistent with the observations. More detailed studies of r-, u- and v-dependences of Q show that Q remains constant in the constant models. In the power-law models, Q is independent of the shape parameters u and v, while it has some moderate r-dependences (variations with r about a factor of 1 or 2). (author). 27 refs, 9 figs

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

    OpenAIRE

    Guadamuz, Andres

    2013-01-01

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

  13. Summary of the law relating to atomic energy and radioactive substances

    International Nuclear Information System (INIS)

    Sim, D.F.; Ritchie, K.J.S.

    1981-04-01

    A summary is given of the law relating to atomic energy and radioactive substances revised as at 31 March 1981 under the following headings: (1) The common law. (2) The legislation. (3) Regulations under the factories act 1961. (4) Regulations relating to educational establishments. (5) Regulations and orders relating to food and medicines. (6) Regulations, rules, etc. affecting the transport of radioactive materials. (7) Regulations under the social security act 1975. (8) Control of import and export. (9) The Euratom treaty. (10) Important nonstatutory codes of practice, etc.. (11) International conventions, regulations, etc. relating to the peaceful use of atomic energy and radioactive substances, in which the United Kingdom is interested. (12) Foreign legislation. (U.K.)

  14. Musical Tone Law Method for the Structural Damage Detection

    Directory of Open Access Journals (Sweden)

    Weisong Yang

    2017-01-01

    Full Text Available Damage detection tests of inclined cables, steel pipes, spherical shells, and an actual cable-stayed bridge were conducted based on the proposed musical tone law method. The results show that the musical tone law method could be used in the damage detection of isotropic material structures with simple shape, like cables, pipes, plates, and shells. Having distinct spectral lines like a comb with a certain interval distribution rule is the main characteristic of the music tone law. Damage detection baseline could be established by quantizing the fitting relationship between modal orders and the corresponding frequency values. The main advantage of this method is that it could be used in the structural damage detection without vibration information of an intact structure as a reference.

  15. An experimental test of Newton's law of gravitation for small accelerations

    International Nuclear Information System (INIS)

    Schubert, Sven

    2011-10-01

    The experiment presented in this thesis has been designed to test Newton's law of gravitation in the limit of small accelerations caused by weak gravitational forces. It is located at DESY, Hamburg, and is a modification of an experiment that was carried out in Wuppertal, Germany, until 2002 in order to measure the gravitational constant G. The idea of testing Newton's law in the case of small accelerations emerged from the question whether the flat rotation curves of spiral galaxies can be traced back to Dark Matter or to a law of gravitation that deviates from Newton on cosmic scales like e.g. MOND (Modified Newtonian Dynamics). The core of this experiment is a microwave resonator which is formed by two spherical concave mirrors that are suspended as pendulums. Masses between 1 and 9 kg symmetrically change their distance to the mirrors from far to near positions. Due to the increased gravitational force the mirrors are pulled apart and the length of the resonator increases. This causes a shift of the resonance frequency which can be translated into a shift of the mirror distance. The small masses are sources of weak gravitational forces and cause accelerations on the mirrors of about 10 -10 m/s 2 . These forces are comparable to those between stars on cosmic scales and the accelerations are in the vicinity of the characteristic acceleration of MOND a 0 ∼ 1.2.10 -10 m/s 2 , where deviations from Newton's law are expected. Thus Newton's law could be directly checked for correctness under these conditions. First measurements show that due to the sensitivity of this experiment many systematic influences have to be accounted for in order to get consistent results. Newton's law has been confirmed with an accuracy of 3%. MOND has also been checked. In order to be able to distinguish Newton from MOND with other interpolation functions the accuracy of the experiment has to be improved. (orig.)

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2007-07-01

    The text book under consideration already is addressed to lawyers and students of jurisprudence. It enables an introduction into the general environmental law and consists of sixteen autonomous chapters: (a) International law in the field of ecology (Matthias Buck, Roda Verheyen); (b) European and national environmental constitutional law (Johannes Caspar); (c) General environmental administrative law (Ulrich Ramsauer); (d) Pollution abatement law (Hans-Joachim Koch); (e) Water protection law (Silke Laskowski, Cornelia Ziehm); (f) Recycling economy law and waste management law (Martin Dieckmann, Moritz Reese); (g) Nature conservation law (Christian Maass, Peter Schuette); (h) Soil conservation law and contaminated sites law (Nikolaus Herrmann); (i) Energy legal regulations as an instrument of environmental protection (Wolfgang Ewer); (j) Atomic energy law (Klaus Jankowski); (k) Genetic engineering law (Ursula Prall); (l) Law of hazardous materials (Eckhard Pache); (m) Environmental law in planning law (Nikolaus Hermann); (n) Environment and traffic (Philipp Hermann, Ekkehard Hofmann); (o) Agriculture and ecology (Ulf-Henning Moeker); (p) Liberal trade and environmental protection (Matthias Buck).

  17. Author: V Basdeo THE LAW AND PRACTICE OF CRIMINAL ASSET ...

    African Journals Online (AJOL)

    10332324

    where criminal asset forfeiture is employed as a law enforcement tool, the fulfilment by the state of its public ... order relates.8 In cases where there are victims, the state relies on their affidavits in support of the ..... proceeds of tax fraud. .... (a) Section 35(3)(m) of the Constitution provides what amounts to a double jeopardy ...

  18. Study about the Right to the Factoring Contract in Case Law STJ

    Directory of Open Access Journals (Sweden)

    Leandro Moraes do Espírito Santo

    2016-11-01

    Full Text Available This essay aims to examine the right of recourse in commercial development contract in the case law of the Supreme Court. In order to reach an appropriate response, the paper investigates the problem from Hans Kelsen's teachings to theory of law and legal interpretation as may be adopted in the Brazilian legal system.

  19. Novel Fractional Order Calculus Extended PN for Maneuvering Targets

    Directory of Open Access Journals (Sweden)

    Jikun Ye

    2017-01-01

    Full Text Available Based on the theory of fractional order calculus (FOC, a novel extended proportional guidance (EPN law for intercepting the maneuvering target is proposed. In the first part, considering the memory function and filter characteristic of FOC, the novel extended PN guidance algorithm is developed based on the conventional PN after introducing the properties and operation rules of FOC. Further, with the help of FOC theory, the average load and ballistics characteristics of proposed guidance law are analyzed. Then, using the small offset kinematic model, the robustness of the new guidance law against autopilot parameters is studied theoretically by analyzing the sensitivity of the closed loop guidance system. At last, representative numerical results show that the designed guidance law obtains a better performance than the traditional PN for maneuvering target.

  20. International nuclear energy law - present and future

    International Nuclear Information System (INIS)

    Barrie, G.N.

    1988-01-01

    International nuclear energy law, as discussed in this article, is the law relating to the global, peaceful uses of nuclear science and technology. The position of nuclear law in the wide realm of law itself as well as the present status of nuclear legislation is assessed. This article also covers the development of international nuclear energy law, from the first nuclear law - the New Zealand Atomic Energy Act of 1945-, the present and the future. National and international organizations concerned with nuclear energy and their contribribution to nuclear law are reviewed

  1. Civil Law and Neuroscience

    NARCIS (Netherlands)

    de Kogel, C.H.; Schrama, W.M.; Smit, M.

    2014-01-01

    The relationship between the brain and human behaviour is receiving increasing attention in legal practice. Much has already been published about the role of neuroscience in criminal law, but surprisingly little is known about its role in civil law. In this contribution, the relevance of

  2. 29 CFR 570.129 - Relation to other laws.

    Science.gov (United States)

    2010-07-01

    ... Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION General Statements of Interpretation of the Child Labor... employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance...

  3. RUSSIAN LAW SUBJECTS

    Directory of Open Access Journals (Sweden)

    D.N. Bakhrakh

    2006-03-01

    Full Text Available The question about the subjects of law branches is concerning the number of most important and difficult in law science. Its right decision influences on the subject of law regulation, precise definition of addressees of law norms, the volume of their rights and duties, the limits of action of norms of Main part of the branch, its principles. Scientific investigations, dedicated to law subjects system, promote the development of recommendations for the legislative and law applying activity; they are needed for scientific work organization and student training, for preparing qualified lawyers.

  4. Generalized Arcsine Laws for Fractional Brownian Motion.

    Science.gov (United States)

    Sadhu, Tridib; Delorme, Mathieu; Wiese, Kay Jörg

    2018-01-26

    The three arcsine laws for Brownian motion are a cornerstone of extreme-value statistics. For a Brownian B_{t} starting from the origin, and evolving during time T, one considers the following three observables: (i) the duration t_{+} the process is positive, (ii) the time t_{last} the process last visits the origin, and (iii) the time t_{max} when it achieves its maximum (or minimum). All three observables have the same cumulative probability distribution expressed as an arcsine function, thus the name arcsine laws. We show how these laws change for fractional Brownian motion X_{t}, a non-Markovian Gaussian process indexed by the Hurst exponent H. It generalizes standard Brownian motion (i.e., H=1/2). We obtain the three probabilities using a perturbative expansion in ϵ=H-1/2. While all three probabilities are different, this distinction can only be made at second order in ϵ. Our results are confirmed to high precision by extensive numerical simulations.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2008-07-01

    The text book under consideration is addressed to students of jurisprudence. It enables an entrance into the general environment law and into selected areas of the special environment law in a clear and systematic form. After an introduction of fundamental principles of the environment law, the book consists of the following topics: Basic principles of the environment law; environmental constitutional law; instruments of the environment law; legal protection in the environment law; environmental European right; environmental international law; pollution protection law; wilderness protection act and landscape conservation act, water protection right, act on recycling and waste management, soil conservation law and contaminated site law, genetic engineering law, sea environment law for the protection of the North Sea and Baltic Sea, energy right.

  6. The law of the international civil service institutional law and practice in international organisations

    CERN Document Server

    Ullrich, Gerhard

    2018-01-01

    Gerhard Ullrich provides an overall review of the employment law of international intergovernmental organisations. In the first part of the book, he explains the basics of employment law and provides statistical data. He comments extensively on the privileges and immunities of international officials. The core of the book is dedicated to the examination of the legal sources for international civil service law. Here, the international administrative tribunals' case law on the general principles of law occupies a particularly broad area. A second legal source are the structures and elements of the statutory employment in international organisations. The author finally comments on the system of legal protection for the staff of the international civil service.

  7. Protection of honour and dignity in criminal law

    OpenAIRE

    Diāna Hamkova

    2009-01-01

    Annotation As it is not possible to analyze categories „honour” and „dignity” only from one point of view, the research is made in philosophical, legal and bioethical aspects. Legal analysis of corpus delicti – defamation and demeaning of the dignity is made in the research, as well as nuances of protection of honour and dignity in criminal and civil law are analyzed. In order to reach the objective of the research wide range of international regulations is dealt with as well as comparativ...

  8. Law and the medicalization of maternity, paternity, and childbirth in Cuba

    Directory of Open Access Journals (Sweden)

    García-Jordá D

    2012-05-01

    Full Text Available The childbirth is a transcendental moment in personal and family life. During this event, some aspects are revised related with femininity and masculinity. Objective: from this perspective, was carried out this research with the purpose of understand how the maternity representation, the medical system that attend childbirth and the laws influence in the conception and practice of maternity and paternity during the pregnant, labour, and puerperium. Methodology: some qualitative techniques were used, as interviews and open observation to women and their partners (spouses or common laws who were attended in three hospitals of Havana. Results: the results show as the traditional gender roles are reinforced by the laws, institutional regulations and the medical practice in hospitals. This traditional view has been that women take on most child care responsibilities and men are relegated of this. Parallel with this, a new form of masculinity emerges as a result of the increasing of participation of men in the event and in household activities and the externalization of feelings when they know their children. Conclusion: New gender policies are needed in order to deconstruct the patriarchal culture and develop egalitarian and democratic relationships in Cuban society

  9. MEDICAL LAW AND ETHICS

    Directory of Open Access Journals (Sweden)

    Sunčica Ivanović

    2013-09-01

    Full Text Available The subject of interest in this article is the importance of knowing and connecting medical ethics and medical law for the category of health workers. The author believes that knowledge of bioethics which as a discipline deals with the study of ethical issues and health care law as a legal discipline, as well as medical activity in general, result in the awareness of health professionals of human rights, and since the performance of activities of health workers is almost always linked to the question of life and death, then the lack of knowledge of basic legal acts would not be justified at all. The aim of the paper was to present the importance of medical ethics and medical law among the medical staff. A retrospective analysis of the medical literature available on the indexed base KOBSON for the period 2005-2010 was applied. Analysis of all work leads to the conclusion that the balance between ethical principles and knowledge of medical law, trust and cooperation between the two sides that appear over health care can be considered a goal that every health care worker should strive for. This study supports the attitude that lack of knowledge and non-compliance with the ethical principles and medical law when put together can only harm the health care worker. In a way, this is the message to health care professionals that there is a need for the adoption of ethical principles and knowledge of medical law, because the most important position of all health workers is their dedication to the patient as a primary objective and the starting point of ethics.

  10. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  11. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1991-01-01

    The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

  12. Taxation of Income from Selling Property: Changes of New Income Tax Law Draft

    Directory of Open Access Journals (Sweden)

    Canatay HACIKÖYLÜ

    2016-12-01

    Full Text Available There are provisions in Income Tax Law No. 193 and Corporate Tax Law No. 5520 on the nature and taxation of income that real and legal persons acquire from real estate sales. There have been many changes in these provisions over time, but the changes made didnt meet the needs, and they distorted the systematic structure of the Laws. For these and similar reasons, the income tax law draft has been prepared based on Income Tax Law and Corporate Tax Law. With the draft, the Income Tax Law No. 193 and the Corporate Tax Law No. 5520 will be abolished. Draft is aimed to regulate the procedures and principles regarding the income tax on the income of real persons and institutions. In this study, the current situation and the regulations of the draft will be discussed. Moreover, It will be evaluate whether the regulations in the draft law are sufficient. Suggestions will be put forth to determine and declare the real value of the property in order to achieve the intended objectives in draft.

  13. The Nuclear Safety Convention - does it confirm existing German law, and update international law?

    International Nuclear Information System (INIS)

    Lindemann, C.

    1995-01-01

    Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de

  14. Power laws for gravity and topography of Solar System bodies

    Science.gov (United States)

    Ermakov, A.; Park, R. S.; Bills, B. G.

    2017-12-01

    When a spacecraft visits a planetary body, it is useful to be able to predict its gravitational and topographic properties. This knowledge is important for determining the level of perturbations in spacecraft's motion as well as for planning the observation campaign. It has been known for the Earth that the power spectrum of gravity follows a power law, also known as the Kaula rule (Kaula, 1963; Rapp, 1989). A similar rule was derived for topography (Vening-Meinesz, 1951). The goal of this paper is to generalize the power law that can characterize the gravity and topography power spectra for bodies across a wide range of size. We have analyzed shape power spectra of the bodies that have either global shape and gravity field measured. These bodies span across five orders of magnitude in their radii and surface gravities and include terrestrial planets, icy moons and minor bodies. We have found that despite having different internal structure, composition and mechanical properties, the topography power spectrum of these bodies' shapes can be modeled with a similar power law rescaled by the surface gravity. Having empirically found a power law for topography, we can map it to a gravity power law. Special care should be taken for low-degree harmonic coefficients due to potential isostatic compensation. For minor bodies, uniform density can be assumed. The gravity coefficients are a linear function of the shape coefficients for close-to-spherical bodoes. In this case, the power law for gravity will be steeper than the power law of topography due to the factor (2n+1) in the gravity expansion (e.g. Eq. 10 in Wieczorek & Phillips, 1998). Higher powers of topography must be retained for irregularly shaped bodies, which breaks the linearity. Therefore, we propose the following procedure to derive an a priori constraint for gravity. First, a surface gravity needs to be determined assuming typical density for the relevant class of bodies. Second, the scaling coefficient of the

  15. Numerical solutions of conservation laws

    International Nuclear Information System (INIS)

    Shu, C.W.

    1986-01-01

    In the computation of conservation laws u/sub t/ + f(u)/sub x/ 0, TVD (total-variation-diminishing) schemes have been very successful. TVB (total-variation-bounded) schemes share most the advantages and may remove some of the disadvantages (e.g. local degeneracy of accuracy at critical points) TVD schemes. Included in this dissertation are a class of m-step Runge-Kutta type TVD schemes with CFL number equaling m; a procedure to obtain uniformly high order in space TVB schemes; a class of TVD high order time discretizations; a special boundary treatment which keeps the high order of the scheme up to the boundary and preserves the TVB properties in the nonlinear scalar and linear system cases; a discrete entropy inequality for a modified Lax-Wendroff scheme applied to Burgers' equation; and discusses about error propagation in large regions

  16. Economics and technology in international law

    International Nuclear Information System (INIS)

    1982-01-01

    This volume presents the main address, the lectures and the discussions of the symposium. The papers presented to the symposium were the following: the Draft Convention on the Law of the Sea and problems of the international deep seabed regime; developments in science and technology, as a challenge to international law; modern fishery engineering and its impact on international law; the EEC agricultural market - a case study of European Law; problems of international law in connection with a new system of the world economy; the GATT and a new world economic system; the Third World and UNCTAD; international disaster relief and mutual assistance in case of accidents, especially with a view to Atomic Energy Law; organisation, scope and limits of international co-operation in the peaceful use of nuclear energy. (HSCH) [de

  17. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1988-01-01

    The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de

  18. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1989-01-01

    The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de

  19. Lindy's Law

    Science.gov (United States)

    Eliazar, Iddo

    2017-11-01

    Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.

  20. Podolsky electromagnetism and a modification in Stefan-Boltzmann law

    Energy Technology Data Exchange (ETDEWEB)

    Bonin, Carlos Alberto; Bufalo, Rodrigo Santos; Escobar, Bruto Max Pimentel; Zambrano, German Enrique Ramos [Instituto de Fisica Teorica (IFT/UNESP), Sao Paulo, SP (Brazil)

    2009-07-01

    Full text. As it is well-known, gauge fields that emerge from the gauge principle are massless vector fields. Considering the photon as a Proca particle, experience sets an upper limit on its mass. This limit is m{sub Proca} < 6X10{sup -17}eV (PDG 2006). However, a mass term, regardless how small, breaks the gauge symmetry. Nevertheless, there exists a theory in which is possible to introduce a mass term preserving all symmetries of Maxwell electromagnetism, including the gauge one: such theory is known as Podolsky Electromagnetism. Podolsky theory is a second- order-derivative theory and has some remarkable properties, despite those already mentioned: the theory has two sectors, a massive one and massless one, it depends on a free parameter (which happens to be the mass of the massive sector) that, like all other elementary particles's masses of the Standard Model, must be fixed through experiences, and the fact that the electrostatic potential is finite everywhere, including over a punctual charge. Just like Maxwell electromagnetism, Podolsky's is a constrained theory and, since it is of second order in the derivatives, it consists in a much richer theoretical structure. Therefore, from both, theoretical and experimental points of view, Podolsky electromagnetism is a very attractive theory. In this work we study a gas of Podolsky photons at finite temperature through path integration. We show that the massless sector leads to the famous Planck's law for black-body radiation and, therefore, to the Stefan-Boltzmann law. We also show that the massive sector of the Podolsky theory induces a modification in both these laws. It is possible to set limits on the Podolsky parameter through comparison of our results with data from cosmic microwave background radiation. (author)

  1. Abandonment and reconciliation: addressing political and common law objections to fetal homicide laws.

    Science.gov (United States)

    Curran, Douglas S

    2009-03-01

    Fetal homicide laws criminalize killing a fetus largely to the same extent as killing any other human being. Historically, the common law did not generally recognize feticide as a crime, but this was because of the evidentiary "born-alive" rule, not because of the substantive understanding of the term "human being." As medicine and science have advanced, states have become increasingly willing to abandon this evidentiary rule and to criminalize feticide as homicide. Although most states have recognized the crime of fetal homicide, fourteen have not. This is largely the result of two independent obstacles: (judicial) adherence to the born-alive rule and (legislative) concern that fetal homicide laws could erode constitutionally protected reproductive rights. This Note explores a variety of fetal homicide laws that states have adopted, demonstrating that popular opinion has shifted toward recognizing this crime. It then directly confronts the objections that have prevented other states from adopting such laws: it first reviews the literature suggesting that the born-alive rule should be abandoned, as it is an obsolete evidentiary standard; it then argues that constitutionally protected reproductive liberties can be reconciled with, and in fact augmented by, punishing the killing of a fetus as a homicide.

  2. The law and neuroscience.

    Science.gov (United States)

    Gazzaniga, Michael S

    2008-11-06

    Some of the implications for law of recent discoveries in neuroscience are considered in a new program established by the MacArthur Foundation. A group of neuroscientists, lawyers, philosophers, and jurists are examining issues in criminal law and, in particular, problems in responsibility and prediction and problems in legal decision making.

  3. Language and the Law.

    Science.gov (United States)

    Gibbons, John

    1999-01-01

    Discusses the language of law and its general interest to the field of applied linguistics. Specific focus is on legal language, the problems and remedies of legal communication (e.g., language and disadvantage before the law, improving legal communication) the legislation of language (e.g., language rights, language crimes), and forensic…

  4. Computer simulation of phase separation and ordering processes in low-dimensional systems

    DEFF Research Database (Denmark)

    Mouritsen, O.G.; Shah, P.J.; Vitting Andersen, J.

    1991-01-01

    An account is given of recent activity in the field of dynamics of phase separation and ordering processes in two-dimensional statistical mechanical models. The fundamental questions of the dynamics involve the form of the growth law, the value of the growth exponent, the dynamical scaling...... properties, and a possible universal classification of the late-stage dynamics. Evidence from kinetic lattice model calculations using computer-simulation techniques is presented in favor of a universal description of the dynamics in terms of algebraic growth laws with exponents which only depend...

  5. The immunity of states and their officials in international criminal law and international human rights law

    NARCIS (Netherlands)

    van Alebeek, R.

    2008-01-01

    * Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

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

    International Nuclear Information System (INIS)

    Nicklisch, F.

    1984-01-01

    The author first shows the various legal regulation patterns of the German law system with regard to technical installations and in this context discusses the comprehensive clause method which refers to scientific-technical standards. This method is said to be an adequate means of achieving suitable results in the relationship between law and technology. However, three weak points can be seen: (1) The law system uses many different standards. (2) Due to uncertainty about the real meaning and content of these standards, it is not clear how these standards are defined. (3) This in practice puts up the question to what extent statutory works of technology are a suitable tool of making legal regulations more concrete, and whether they are to be given binding force. (HSCH) [de

  7. Mining law and energy law in the context of today's most urgent problems

    International Nuclear Information System (INIS)

    Hueffer, U.; Ipsen, K.; Tettinger, P.J.

    1989-01-01

    Present mining law and energy law is discussed in 29 papers. Fundamental aspects of legal policy are discussed from the view of the Federal Government and of the Land of Nordrhein-Westfalen. Among the subjects discussed are: Property rights and mining; brown coal projecting; instruments for the promotion of power generation from coal; law on mining damage, industrial safety, and social security. There are several papers on legal problems of power supply, e.g. the autonomy of public utilities, the construction of power supply networks, the utilisation of renewable energy sources, waste incineration, and court decisions in the nuclear licensing procedure. There is a section on international law and a comparison of legal regulations, comprising: legal measures and standards within the IAEA; organisation and tasks of the IEA, energy law and energy policy of the USA, Japan, Great Britain, France, and the COMECON states (the latter referred to the production of energy sources and the electric power generation capacity). (orig./HP) [de

  8. Culture and Contract Laws

    DEFF Research Database (Denmark)

    Lando, Ole

    2007-01-01

    In the article it is argued that the wish to preserve the cultural values of national law should not prevent the EU from preparing a Code or an Optional Instrument. The no-code countries on the British Isles and in Scandinavia are the most ardent opponents to the idea of unifying European Contract...... Law by way of a code on Contracts. In both these regions however the absence of a code causes problems. In England a prominent writer has found that the major weakness of the judge-made law is its immense diffusion and the consequent difficulty of access to it and the Nordic countries face the same...

  9. INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2014-06-01

    Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

  10. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  11. To Trace a Law: Use of Library Materials in a Classroom Exercise.

    Science.gov (United States)

    Shannon, Michael Owen

    A legislative history shows the various stages in the process of enacting laws. In order to follow the legislative process the student is asked to select a topic of interest and research the various steps as a bill becomes law. Then he is given descriptions of some current and standard reference works which will help him find information on the…

  12. Soil erosion and sediment control laws. A review of state laws and their natural resource data requirements

    Science.gov (United States)

    Klein, S. B.

    1980-01-01

    Twenty states, the District of Columbia, and the Virgin Islands enacted erosion and sediment control legislation during the past decade to provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and/or urban lands. That legislation and the state programs developed to implement these laws are quoted and reviewed. The natural resource data requirements of each program are also extracted. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws. Laws which provides for legislative review of administrative regulations and LANDSAT applications and/or information systems that were involved in implementing or gathering data for a specific soil erosion and sediment control program are summarized as well as principal concerns affecting erosion and sediment control laws.

  13. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

    Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

  14. Scaling Law for Irreversible Entropy Production in Critical Systems.

    Science.gov (United States)

    Hoang, Danh-Tai; Prasanna Venkatesh, B; Han, Seungju; Jo, Junghyo; Watanabe, Gentaro; Choi, Mahn-Soo

    2016-06-09

    We examine the Jarzynski equality for a quenching process across the critical point of second-order phase transitions, where absolute irreversibility and the effect of finite-sampling of the initial equilibrium distribution arise in a single setup with equal significance. We consider the Ising model as a prototypical example for spontaneous symmetry breaking and take into account the finite sampling issue by introducing a tolerance parameter. The initially ordered spins become disordered by quenching the ferromagnetic coupling constant. For a sudden quench, the deviation from the Jarzynski equality evaluated from the ideal ensemble average could, in principle, depend on the reduced coupling constant ε0 of the initial state and the system size L. We find that, instead of depending on ε0 and L separately, this deviation exhibits a scaling behavior through a universal combination of ε0 and L for a given tolerance parameter, inherited from the critical scaling laws of second-order phase transitions. A similar scaling law can be obtained for the finite-speed quench as well within the Kibble-Zurek mechanism.

  15. Investigating Coulomb's Law.

    Science.gov (United States)

    Noll, Ellis; Koehlinger, Mervin; Kowalski, Ludwik; Swackhamer, Gregg

    1998-01-01

    Describes the use of a computer-linked camera to demonstrate Coulomb's law. Suggests a way of reducing the difficulties in presenting Coulomb's law by teaching the inverse square law of gravity and the inverse square law of electricity in the same unit. (AIM)

  16. Human law and computer law comparative perspectives

    CERN Document Server

    Hildebrandt, Mireille

    2014-01-01

    This book probes the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law, and the challenges posed by computing technologies traditional legal thinking and the regulation of human affairs.

  17. 25 CFR 12.31 - Are there any minimum employment standards for Indian country law enforcement personnel?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Are there any minimum employment standards for Indian country law enforcement personnel? 12.31 Section 12.31 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER INDIAN COUNTRY LAW ENFORCEMENT Qualifications and Training Requirements § 12.31 Are there any minimum employment standards...

  18. Deforestation in Decentralised Indonesia: What's Law Got to Do with it?

    Directory of Open Access Journals (Sweden)

    Luke Lazarus Arnold

    2008-09-01

    Full Text Available A growing number of studies point to significant changes in the dynamics of deforestation in Indonesia since the introduction of decentralised governance in 2001. This essay argues that law plays an important and underestimated role in facilitating these new dynamics. This role is not limited to mere implementation failures; many of the ways in which Indonesian law makes deforestation possible can be traced back to the content of the laws themselves. In order to demonstrate this point, the essay first examines the context in which Indonesia's forestry and decentralisation laws were formulated and the salient provisions of these laws. This is followed by a discussion of the dynamics of deforestation since decentralisation and an analysis of five key ways in which law is partly responsible for the current situation: a flawed division of authority between the Central Government and the regions'; inconsistent, ambiguous and 'hollow' legislation; legislatively entrenched departmentalism; the marginalisation of forest communities; and a lack of legislative support for public participation, public interest litigation and other processes to promote sustainable forest management.

  19. Teaching medical ethics and law.

    Science.gov (United States)

    Parker, Malcolm

    2012-03-01

    The teaching of medical ethics is not yet characterised by recognised, standard requirements for formal qualifications, training and experience; this is not surprising as the field is still relatively young and maturing. Under the broad issue of the requirements for teaching medical ethics are numerous more specific questions, one of which concerns whether medical ethics can be taught in isolation from considerations of the law, and vice versa. Ethics and law are cognate, though distinguishable, disciplines. In a practical, professional enterprise such as medicine, they cannot and should not be taught as separate subjects. One way of introducing students to the links and tensions between medical ethics and law is to consider the history of law via its natural and positive traditions. This encourages understanding of how medical practice is placed within the contexts of ethics and law in the pluralist societies in which most students will practise. Four examples of topics from medical ethics teaching are described to support this claim. Australasian medical ethics teachers have paid less attention to the role of law in their curricula than their United Kingdom counterparts. Questions like the one addressed here will help inform future deliberations concerning minimal requirements for teaching medical ethics.

  20. Chronicle of administrative law enforcement in the energy market. Part 1

    International Nuclear Information System (INIS)

    Van Leeuwen, E.W.T.M.; De Rijke, M.

    2012-01-01

    In addition to the Netherlands Competition Authority (NMa), the Netherlands Consumer Authority (CA) also regulates the energy market in the area of consumer rights. Both organizations will merge into the Consumer and Market Authority (ACM). This article provides an overview of the powers of the NMA and CA in relation to law enforcement as shaped by the various laws and law amendments. By means of settlement practices and the administration of justice, an overview is given of the main developments in law enforcement. In this first part, attention is paid to the enforcement instruments of both regulators and one instrument is examined in more detail: the injunction. Part two addresses the order for penalty payment, the civil penalty and the modification and revocation of licenses and exemptions. [nl