WorldWideScience

Sample records for legal authority required

  1. Clinical trials using a radiopharmaceutical investigational drug: What legal environment and what authorizations required?

    International Nuclear Information System (INIS)

    El-Deeb, G.; Nguon, B.; Tibi, A.; Rizzo-Padoin, N.

    2009-01-01

    Recent revision of the legal environment for clinical research in France provided an opportunity to review what a hospital needs to carry out clinical trials using a radiopharmaceutical investigational drug. Legal measures concerning radiopharmaceutical investigational drugs are indeed more complex than those of classical clinical trials because of the additional legal provisions governing the use of ionizing radiation. Thus, requirements by the concerned staff (sponsor, pharmacist, person in charge of the nuclear activity) are described here. (authors) [fr

  2. Border Security and Military Support: Legal Authorizations and Restrictions

    National Research Council Canada - National Science Library

    Vina, Stephen R

    2006-01-01

    ... enforcement unless explicitly authorized. There are alternative legal authorities for deploying the National Guard, and the precise scope of permitted activities and funds may vary with the authority exercised. This report will be updated as warranted.

  3. Some considerations on the legal qualification of the contracting authority

    Directory of Open Access Journals (Sweden)

    Ioana Panagoreț

    2016-12-01

    Full Text Available The present study makes an analysis of the concept of contracting authority in the context in which the legal definition of this concept leads, in several specific cases, to doubts and the impossibility of correct application of the law when one puts into discussion the local authorities and some legal persons of public law who have a well-defined legal status. Both situations create real difficulties in practice by the correct application of public procurement law so that it may challenge these parts of such public contracts even if they are of good faith and desire the fair enforcement of law.

  4. 29 CFR 520.200 - What is the legal authority for payment of wages lower than the minimum wage required by section...

    Science.gov (United States)

    2010-07-01

    ... the minimum wage required by section 6(a) of the Fair Labor Standards Act? 520.200 Section 520.200... lower than the minimum wage required by section 6(a) of the Fair Labor Standards Act? Section 14(a) of..., for the payment of special minimum wage rates to workers employed as messengers, learners (including...

  5. A sense of self-suspicion: global legal pluralism and the claim to legal authority

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

    Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

  6. Tacit Authorization : A Legal Solution for Administrative Silence

    NARCIS (Netherlands)

    Hoogstra, Nicole; de Graaf, K.J.

    2016-01-01

    This article discusses one of the current legal instruments to stimulate timely decision-making by administrative authorities, namely the ‘Lex silencio positivo’ or the ‘Silence is Consent’ rule. Tacit authorization prescribes that the license sought by the applicant will be granted automatically if

  7. Abandonment (field decommissioning): The legal requirements

    International Nuclear Information System (INIS)

    Roberts, M.

    1994-01-01

    The main areas to be considered in relation to the abandonment of offshore installations are: (1) the legal requirements to be imposed in relation to abandonment, this will include consideration of English, Norwegian and Dutch law as well as international law; (2) how licensees may protect themselves against joint and several liability for performance of their legal obligations in relation to abandonment by the provision of security; and (3) consideration of practical examples of abandonment such as the abandonment of the Piper Alpha platform on the UK continental shelf and the K13-D platform on the Dutch continental shelf. This paper considers only abandonment of offshore installations as very different considerations apply onshore and applies only to Europe, though the international treaties will also apply elsewhere

  8. Authorization basis requirements comparison report

    Energy Technology Data Exchange (ETDEWEB)

    Brantley, W.M.

    1997-08-18

    The TWRS Authorization Basis (AB) consists of a set of documents identified by TWRS management with the concurrence of DOE-RL. Upon implementation of the TWRS Basis for Interim Operation (BIO) and Technical Safety Requirements (TSRs), the AB list will be revised to include the BIO and TSRs. Some documents that currently form part of the AB will be removed from the list. This SD identifies each - requirement from those documents, and recommends a disposition for each to ensure that necessary requirements are retained when the AB is revised to incorporate the BIO and TSRs. This SD also identifies documents that will remain part of the AB after the BIO and TSRs are implemented. This document does not change the AB, but provides guidance for the preparation of change documentation.

  9. Authorization basis requirements comparison report

    International Nuclear Information System (INIS)

    Brantley, W.M.

    1997-01-01

    The TWRS Authorization Basis (AB) consists of a set of documents identified by TWRS management with the concurrence of DOE-RL. Upon implementation of the TWRS Basis for Interim Operation (BIO) and Technical Safety Requirements (TSRs), the AB list will be revised to include the BIO and TSRs. Some documents that currently form part of the AB will be removed from the list. This SD identifies each - requirement from those documents, and recommends a disposition for each to ensure that necessary requirements are retained when the AB is revised to incorporate the BIO and TSRs. This SD also identifies documents that will remain part of the AB after the BIO and TSRs are implemented. This document does not change the AB, but provides guidance for the preparation of change documentation

  10. 77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2012-03-02

    ... DEPARTMENT OF ENERGY 10 CFR Part 719 48 Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... rulemaking (NOPR) to revise existing regulations covering contractor legal management requirements and make... relating to the DOE notice of proposed rulemaking to revise existing regulations covering contractor legal...

  11. 78 FR 29247 - Contractor Legal Management Requirements; Acquisition Regulations; Correction

    Science.gov (United States)

    2013-05-20

    ... DEPARTMENT OF ENERGY 48 CFR Part 952 RIN 1990-AA37 Contractor Legal Management Requirements; Acquisition Regulations; Correction AGENCY: Department of Energy. ACTION: Final rule; correction. SUMMARY: The... (78 FR 25795). In this document, DOE revised existing regulations covering contractor legal management...

  12. Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

    African Journals Online (AJOL)

    21892687

    various aspects of legal practice and engage in community service learning ... components, namely clinical duty, classroom teaching and clinician/student tutorial ..... Vawda YA "Learning from Experience: The Art and Science of Clinical Law" ... Lennertz M Date Unknown Developing Legal Clinics in Brazil: Remarks on the.

  13. CONCEPTUALIZING AUTHORITY OF THE LEGALIZATION OF INDONESIAN WOMEN’S RIGHTS IN ISLAMIC FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Abu Rokhmad

    2017-12-01

    Full Text Available Various studies on Islamic family law (IFL in Indonesia demonstrate an enduring paradigm of patriarchal culture both in ideas and practical applications. This is a logical consequence of the attempts to enact the traditional Islamic doctrines in modern law. The domination of this culture in the IFL, that has resulted in the discrimination against women in Indonesia, has reached the alarming level calling for revision. The reform attempts also are needed in other other derivative legal products, such as local sharia regulation. All these efforts are needed in order to ensure justice and equal rights of children and women. This paper attempts to conceptualize a construction of patriarchal authority in legalizing the rights, role, and status of gender in Indonesia. The finding reveals that reconstruction of authority in the modern legislation of Islamic Family Law should be started with ensuring the equal rights of women both in the legal and judicial aspects. This requires involving women in an appropriate proportion within the making of public policy, family law legislation. Another needed strategy is advocacy of women's rights in order to avoid legal gender bias due to the political and legislative authorities dominated by male group.

  14. Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

    African Journals Online (AJOL)

    21892687

    http://www.nuigalway.ie/business-public-policy-law/school-of-law/students/cle/. .... ...clinical legal education of final year LLB students, with the focus on analytical ..... Spot tests and minute papers can be applied successfully during student ...

  15. Legal requirements governing proxy voting in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2008-01-01

    The requirements in Danish company law concerning proxy voting in companies whose shares have been accepted for listing on a regulated market have been successively tightened in recent years, and corporate governance principles have also led to the introduction of several requirements concerning...... proxy holders. A thorough knowledge of these requirements is important not only for the listed companies but also for their advisers and investors in Denmark and abroad. This article considers these requirements as well as the additional requirements which will derive from Directive 2007....../36 on the exercise of shareholders' rights in listed companies, which must be implemented by 3 August 2009. It is pointed out that companies may provide with advantage in their articles of association for both the existing and the forthcoming requirements at this early stage....

  16. Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

    Science.gov (United States)

    Trinkner, Rick; Cohn, Ellen S

    2014-12-01

    Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  17. COMPARING LEGAL REQUIREMENTS AND USER NEEDS

    Directory of Open Access Journals (Sweden)

    S. Gristina

    2016-10-01

    Full Text Available Road transport has always played an important role in a country’s growth and, in order to manage road networks and ensure a high standard of road performance (e.g. durability, efficiency and safety, both public and private road inventories have been implemented using databases and Geographical Information Systems. They enable registering and managing significant amounts of different road information, but to date do not focus on 3D road information, data integration and interoperability. In an increasingly complex 3D urban environment, and in the age of smart cities, however, applications including intelligent transport systems, mobility and traffic management, road maintenance and safety require digital data infrastructures to manage road data: thus new inventories based on integrated 3D road models (queryable, updateable and shareable on line are required. This paper outlines the first step towards the implementation of 3D GIS-based road inventories. Focusing on the case study of the “Road Cadastre” (the Italian road inventory as established by law, it investigates current limitations and required improvements, and also compares the required data structure imposed by cadastral legislation with real road users’ needs. The study aims to: a determine whether 3D GIS would improve road cadastre (for better management of data through the complete life-cycle infrastructure projects; b define a conceptual model for a 3D road cadastre for Italy (whose general principles may be extended also to other countries.

  18. Comprehensive National Cybersecurity Initiative: Legal Authorities and Policy Considerations

    Science.gov (United States)

    2009-03-10

    Separation of Powers in National Security Matters....................................................................... 10 Congressional Constraints on Executive Action ........................................................................... 15 Policy Considerations and Congressional Options........................................................................ 17 Conclusion..................................................................................................................................... 18 Author Contact

  19. Retrospective research: What are the ethical and legal requirements?

    Science.gov (United States)

    Junod, V; Elger, B

    2010-07-25

    Retrospective research is conducted on already available data and/or biologic material. Whether such research requires that patients specifically consent to the use of "their" data continues to stir controversy. From a legal and ethical point of view, it depends on several factors. The main criteria to be considered are whether the data or the sample is anonymous, whether the researcher is the one who collected it and whether the patient was told of the possible research use. In Switzerland, several laws delineate the procedure to be followed. The definition of "anonymous" is open to some interpretation. In addition, it is debatable whether consent waivers that are legally admissible for data extend to research involving human biological samples. In a few years, a new Swiss federal law on human research could clarify the regulatory landscape. Meanwhile, hospital-internal guidelines may impose stricter conditions than required by federal or cantonal law. Conversely, Swiss and European ethical texts may suggest greater flexibility and call for a looser interpretation of existing laws. The present article provides an overview of the issues for physicians, scientists, ethics committee members and policy makers involved in retrospective research in Switzerland. It aims at provoking more open discussions of the regulatory problems and possible future legal and ethical solutions.

  20. Legal requirements concerning the technical safety of nuclear installations

    International Nuclear Information System (INIS)

    Nolte, R.

    1984-01-01

    A short survey on nuclear risks and the nuclear safety conception is followed by the attempted clear definition of the semantic import of section 7, sub-section (2), No. 3 of the Atomic Energy Act. There are first beginnings of a concretization of the state-of-the-art in science and technology, i.e. all kinds of sub-legislative regulations such as the regulations of the Radiation Protection Ordinance which show scientific substance, guidelines issued by the Ministers, as well as codes for practice set up by various technical bodies and standardization associations, all of which are designed to compensate for this loop hole in the legislation. This study goes to examine to what extent administration and jurisdiction may take into account such codes of practice for the concretization of the legal requirements, and whether they are even binding on those executing the law. Only the respective regulations of the Radiation Protection Ordinance have a binding effect. All other guidelines and codes of practice are not legally binding per se, nor are they capable of being legally permitted by being referred to in terms of legal norms or by the self-commitment of those executing the law. Any attempt of using them, as the basis of a prime facie evidence or as an anticipating expertise, at least evidentarily for the concretization will have to fail owing to their evaluating character and to the fact that they may interfere in sociological conflict. An exception may be a case where a clear distinction can be made as to what extent the contents of such codes of practice is related to scientific and technological findings or to decisions based on evaluations. In such a case, a prima facil evicdence for the conformity of the regulation in question with the state-of-the-art in science and technology may be considered, which would easy the concretization of Art. 7 II Section 3 of the Atomic Law. (orig./HSCH) [de

  1. 31 CFR 545.513 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 545.513 Section 545.513 Money and Finance: Treasury Regulations Relating to Money and Finance... issued on a case-by-case basis authorizing receipt from unblocked sources of payment of professional fees...

  2. 31 CFR 586.509 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 586.509 Section 586.509 Money and Finance: Treasury Regulations Relating to Money and Finance..., authorizing receipt, from unblocked sources, of payment of professional fees and reimbursement of incurred...

  3. 31 CFR 598.507 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 598.507 Section 598.507 Money and Finance: Treasury Regulations Relating to Money and Finance... case-by-case basis authorizing receipt from unblocked sources of payment of professional fees and...

  4. 31 CFR 587.507 - Provision of certain legal services authorized.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Provision of certain legal services authorized. 587.507 Section 587.507 Money and Finance: Treasury Regulations Relating to Money and Finance...-case basis authorizing receipt from unblocked sources of payment of professional fees and reimbursement...

  5. 76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2011-12-28

    ... DEPARTMENT OF ENERGY 10 CFR Part 719 48 CFR Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... Energy (DOE or Department) is proposing to revise existing regulations covering contractor legal... costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained...

  6. Rating the Raters: Legal Exposure of Trustmark Authorities in the Context of Consumer Health Informatics

    Science.gov (United States)

    2000-01-01

    There are three areas of potential legal exposure for an organization such as a trustmark authority involved in e-health quality rating. First, an e-health provider may make a complaint about negative or impliedly negative ratings rendered by the ratings body (false negative). Typically, a negative ratings complaint would rely on defamation or product disparagement causes of action. In some cases such complaints could be defended on the basis of absence of malice (US). Second, the rating body might render a positive rating on e-health data that a third party allegedly relied upon and suffered injury (false positive). While the primary cause of action would be against the e-health data provider, questions may arise as to the possible liability of the trustmark authority. For example, some US liability exposure is possible based on cases involving the potential liability of product warrantors, trade associations, and certifiers or endorsers. Third, a ratings body may face public law liability for its own web misfeasance. Several risk management approaches are possible and would not necessarily be mutually exclusive. These approaches will require careful investigation to assess their risk reduction potential and, in some cases, the introduction of legislation. PMID:11720941

  7. Rating the "Raters": Legal Exposure of Trustmark Authorities in the Context of Consumer Health Informatics

    Science.gov (United States)

    Terry, Nicolas P

    2000-01-01

    There are three areas of potential legal exposure for an organization such as a trustmark authority involved in ehealth quality rating. First, an ehealth provider may make a complaint about negative or impliedly negative ratings rendered by the ratings body (false negative). Typically, a negative ratings complaint would rely on defamation or product disparagement causes of action. In some cases such complaints could be defended on the basis of absence of malice (US). Second, the rating body might render a positive rating on ehealth data that a third party allegedly relied upon and suffered injury (false positive). While the primary cause of action would be against the ehealth data provider, questions may arise as to possible liability of the trustmark authority. For example, some US liability exposure is possible based on cases involving the potential liability of product warrantors, trade associations and certifiers or endorsers. Third, a ratings body may face public law liability for its own web misfeasance. Several risk management approaches are possible and would not necessarily be mutually exclusive. These approaches will require careful investigation to assess their risk reduction potential and, in some cases, legislation.

  8. Legal Liability of Civil Servants of Local Public Authorities in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Natalia Saitarli

    2015-08-01

    Full Text Available In the working out of legal liability, there are a lot of published articles, collections and monographs nowadays which have got already some productive achievements. However, the notion of liability and its central problems have been controversial subjects for long years that create discussions and cause the necessity to elaborate some methodological questions. The legal liability is being determined as a duty “to be responsible“, “to account“. One of the results in the research is to determine that the legal liability has become the idea of “positive law responsibility“, under which we understand not the liability of the person who has committed an infringement of the law but vice versa a lawful behavior of the person who commits no law infringements. The goal of the given article is to regard the legal liability of civil servants of local public authorities in the Republic of Moldova because an efficient activity of the state (a good state government depends on the determination of concrete forms of the legal liability for the local public authorities.

  9. 78 FR 25795 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2013-05-03

    ... DEPARTMENT OF ENERGY 10 CFR Part 719 48 CFR Parts 931, 952, and 970 RIN 1990-AA37 Contractor Legal.... ACTION: Final rule. SUMMARY: The Department of Energy revises existing regulations covering contractor... costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained...

  10. 49 CFR 568.7 - Requirements for manufacturers who assume legal responsibility for a vehicle.

    Science.gov (United States)

    2010-10-01

    ... MANUFACTURED IN TWO OR MORE STAGES § 568.7 Requirements for manufacturers who assume legal responsibility for a vehicle. (a) If an incomplete vehicle manufacturer assumes legal responsibility for all duties and... 49 CFR 567.5(f). (b) If an intermediate manufacturer of a vehicle assumes legal responsibility for...

  11. 45 CFR 2544.105 - What is the legal authority for soliciting and accepting donations to the Corporation?

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false What is the legal authority for soliciting and accepting donations to the Corporation? 2544.105 Section 2544.105 Public Welfare Regulations Relating to... DONATIONS § 2544.105 What is the legal authority for soliciting and accepting donations to the Corporation...

  12. THE FUNCTIONING OF THE BOARDS OF NORMATIVISM: ECONOMIC AND LEGAL AT LOCAL AUTHORITY LEVEL

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

    Full Text Available Public administration is an area with particularly social impact over all members of society. In the autonomous administrative authorities, local councils have important responsibilities in the organization of local community life. Within these councils several specialized committees operate and those that have the highest volume of activity are usually economic and legal committee. Their role is to filter out under a particular form, the specific procedure being the approval of local initiatives in the field of specific activity, namely economic and financial and legal. The effects of this operation need to be reflected in the adoption of decisions that meet not only the initiator's intentions, but also the point of view of local elected officials who are specialized in a particular area and reunited within the previous committees.

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

    International Nuclear Information System (INIS)

    Bartholdy, V.

    1980-01-01

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

  14. An Examination of the Legal Authority for the 1999 NATO Air Campaign Against the Federal Republic of Yugoslavia

    National Research Council Canada - National Science Library

    Magnan, Richard

    2000-01-01

    ...?s use of force against the Federal Republic of Yugoslavia (FRY). My objective for this article is to investigate the legal authority for NATO's use of force against the FRY during the Kosovo air campaign...

  15. 9 CFR 147.51 - Authorized laboratory minimum requirements.

    Science.gov (United States)

    2010-01-01

    ... 9 Animals and Animal Products 1 2010-01-01 2010-01-01 false Authorized laboratory minimum requirements. 147.51 Section 147.51 Animals and Animal Products ANIMAL AND PLANT HEALTH INSPECTION SERVICE... Authorized Laboratories and Approved Tests § 147.51 Authorized laboratory minimum requirements. These minimum...

  16. 5 CFR 582.203 - Information minimally required to accompany legal process.

    Science.gov (United States)

    2010-01-01

    ... CIVIL SERVICE REGULATIONS COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process... to the court, or other authority, with an explanation of the deficiency. However, prior to returning...

  17. Investment in Azerbaijan's upstream requires attention to legal details

    International Nuclear Information System (INIS)

    Horton, S.; Mamedov, N.

    1996-01-01

    When the 20th century began, Baku was a boom town without equal in the Russian empire. The city developed into a legendary cultural center, where some of the West's leading commercial geniuses made substantial investments. Baku also was a city of diverse peoples, with its Azerbaijani core supplemented by substantial communities of Armenians, Germans, Russians and Swedes, not to mention merchant communities of other central Asian and Middle Eastern peoples. The miracle that caused Baku to bloom, then as now, was the promise of oil. Baku is arguably the world's first important oil-producing city. As the 20th century draws to a close, Baku once more is on the verge of a transition that may restore its status as an important center for international investment and commerce. This article examines Azerbaijan's legal environment as it relates to the natural resources sector

  18. 47 CFR 25.102 - Station authorization required.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 2 2010-10-01 2010-10-01 false Station authorization required. 25.102 Section 25.102 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES SATELLITE COMMUNICATIONS General § 25.102 Station authorization required. (a) No person shall use or operate...

  19. Legal Sentience and the Problem of the Instant: A Critical Assessment of the Temporal Structure of Precedent and its Implications for Legal Authority

    OpenAIRE

    Wargan, Pawel

    2015-01-01

    This paper assesses the authority of precedent from a phenomenological standpoint. Phenomenology distinguishes between two temporal models. One describes time in an idealised form, as a divisible chain of instants or events. The other looks at lived temporality as fluid and indivisible duration. In the system of precedent, we witness an interaction of both models. The legal order is constructed from slices in time that become the building blocks of future judgments. Precedents are binding for...

  20. The Effects of Formal Legal Pluralism on Indigenous Authorities in the Ecuadorian Highlands

    NARCIS (Netherlands)

    Simon Thomas, Marc

    This article analyzes the different ways that formal legal pluralism is perceived and utilized in Ecuador, where a legal void has resulted from a combination of the constitutional recognition of customary law in 1998 and the subsequent failure to develop coordinating rules that would define the

  1. Airport Planning and Design - Legal and Professional Competence Requirements

    Science.gov (United States)

    Kazda, Antonin

    2017-12-01

    Airport design and planning considerably differs from the design of other transport infrastructure. The reasons are the wide scope of regulation in civil aviation and the lack of links between the Civil Aviation Act and the Building Act. The effect is that the sequence of procedures, negotiation, and/or document approval is not clearly defined. The situation is further complicated by the fact that an airport is a unique construction both for the investor and for the local building authority. The paper is an outcome of our research, building on long-term experience in airport planning and design, and the elucidation of planning and approval processes with experts from the Transport Authority and the Ministry of Transport and Construction of the Slovak Republic.

  2. 47 CFR 15.305 - Equipment authorization requirement.

    Science.gov (United States)

    2010-10-01

    ... Section 15.305 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL RADIO FREQUENCY DEVICES Unlicensed Personal Communications Service Devices § 15.305 Equipment authorization requirement. PCS devices... 2 of this chapter before marketing. The application for certification must contain sufficient...

  3. 40 CFR 70.11 - Requirements for enforcement authority.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 15 2010-07-01 2010-07-01 false Requirements for enforcement authority. 70.11 Section 70.11 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR...) Burden of proof. The burden of proof and degree of knowledge or intent required under State law for...

  4. 40 CFR 281.41 - Requirements for enforcement authority.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 26 2010-07-01 2010-07-01 false Requirements for enforcement authority. 281.41 Section 281.41 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) SOLID... for each day of violation. (b) The burden of proof and degree of knowledge or intent required under...

  5. 47 CFR 25.118 - Modifications not requiring prior authorization.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 2 2010-10-01 2010-10-01 false Modifications not requiring prior authorization. 25.118 Section 25.118 Telecommunication FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) COMMON CARRIER SERVICES SATELLITE COMMUNICATIONS Applications and Licenses General Application Filing Requirements § 25...

  6. Functional Behavior Assessments and Behavior Intervention Plans: Legal Requirements and Professional Recommendations

    Science.gov (United States)

    Collins, Lauren W.; Zirkel, Perry A.

    2017-01-01

    Functional behavior assessments (FBAs) and behavior intervention plans (BIPs) are critical components in the education of students with, or at risk for, emotional disturbance (ED). The purpose of this article is to compare the legal requirements with the professional requirements for FBAs and BIPs. The comparison is first according to the…

  7. Recent advances in nuclear forensic science - The identification of unknown nuclear materials and co-operation with the legal authorities

    International Nuclear Information System (INIS)

    Ray, I.L.F.; Schubert, A.; Schenkel, R.

    2001-01-01

    Full text: Nuclear Forensic Science is a new branch of forensic science, which has arisen out of necessity following the dissolution of the former Soviet Union and East Block countries. One result of this break up was the emergence of a new form of smuggling, involving nuclear materials, radioactive sources and scrap metal contaminated with radioactive substances. Since 1994 the Institute for Transuranium Elements of the European Commission Joint Research Centre has played a major role in combating the illicit trafficking in nuclear materials and contaminated scrap metals. The Institute has the advantages of extensive experience in handling these materials, which require sophisticated instruments mounted in glove boxes. As part of the European Commission Joint Research Centre the Institute is also independent of national interests within the European Union and abroad. Some twenty-five cases of illicit trafficking have been examined so far. Some of the latest cases will be described and the methods developed at the Institute for isotopic and microstructural fingerprinting of nuclear materials will be illustrated. The microstructural fingerprint is a new technique developed here, which complements the isotopic analysis of the samples, and is highly characteristic of the production process and subsequent history of the materials involved. Furthermore, the microstructural fingerprint cannot be disguised by, for example, the addition of other substances or isotopes to the sample. An extensive database on commercial nuclear materials is maintained by the Institute, and this is being enlarged to include microstructural information such as porosity, grain size, precipitation, dislocation structures, pellet surface roughness, etc. The database can be used for comparison when samples of unknown provenance are seized. The Institute places emphasis on developing close co-operation with the legal authorities to optimize the side-by-side working of law enforcement officers and

  8. Good legal governance in authoritative public-private partnerships. Conceptualising legitimate partnerships with public authority

    NARCIS (Netherlands)

    Heldeweg, Michiel A.; Sanders, Maurits

    2013-01-01

    The discourse on Public Private Partnerships (PPP) is focused most on Procurement or on what we name ‘Market-PPP’. Placing PPP in the shift from government to governance calls for attention especially to those PPP, which are geared to exercise public legal powers. These ‘Authoritative PPP’ are most

  9. How to deal with legal uncertainty: Managing and Audit Authorities in Cohesion Policy

    NARCIS (Netherlands)

    Meuleman, Lysette; Brenninkmeijer, A.F.M.

    2017-01-01

    Cohesion policy (ERDF, ESF and CF) is implemented in a system of shared management. Signals received from some EU countries indicate that legal uncertainty is created for beneficiaries of cohesion policy funds due to differences in interpretation of, mostly national, regulation. This is a problem

  10. The Adequacy of Doctor Patient the Relationship to the Requirements of Validity of the legal Transaction: the Doctor Patient Relationship as legal Phenomenon

    Directory of Open Access Journals (Sweden)

    Silvio Romero Beltrão

    2015-04-01

    Full Text Available This work is interdisciplinary and aims to examine the adequacy of the patient-physician relationship to the requirements of validity of legal business. The doctor-patient relationship needs a complete overview on the elements and requirements that constitute its validity in law. As a starting point analyzes the doctor-patient relationship as a legal fact, to then verify the validity requirements of the patient medical legal business, capable agent, object and lawful manner prescribed by law. Investigating the manifestation of the will as the main element of the legal transaction to define the end of the study the importance of the doctor-patient relationship by law, based on the General Theory of Civil Law.

  11. Legal and governmental infrastructure for nuclear, radiation, radioactive waste and transport safety. Safety requirements

    International Nuclear Information System (INIS)

    2004-01-01

    This publication establishes requirements for legal and governmental responsibilities in respect of the safety of nuclear facilities, the safe use of sources of ionizing radiation, radiation protection, the safe management of radioactive waste and the safe transport of radioactive material. Thus, it covers development of the legal framework for establishing a regulatory body and other actions to achieve effective regulatory control of facilities and activities. Other responsibilities are also covered, such as those for developing the necessary support for safety, involvement in securing third party liability and emergency preparedness

  12. Legal and governmental infrastructure for nuclear, radiation, radioactive waste and transport safety. Safety requirements

    International Nuclear Information System (INIS)

    2000-01-01

    This publication establishes requirements for legal and governmental responsibilities in respect of the safety of nuclear facilities, the safe use of sources of ionizing radiation, radiation protection, the safe management of radioactive waste and the safe transport of radioactive material. Thus, it covers development of the legal framework for establishing a regulatory body and other actions to achieve effective regulatory control of facilities and activities. Other responsibilities are also covered, such as those for developing the necessary support for safety, involvement in securing third party liability and emergency preparedness

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

    International Nuclear Information System (INIS)

    Wagner, H.

    1987-01-01

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

  14. The Training Requirements for the Workers a Legal Instrument to Ensure the Safety Use of the Ionizing Radiation Sources

    International Nuclear Information System (INIS)

    Rosca, G.; Coroianu, A.; Stanescu, G.

    2009-01-01

    Recognizing the need for a graded and commensurate with the practice associated risk approach, the Romanian Regulatory Authority developed the legal framework for defining the roles, duties and responsibilities for the radiation workers (RWs) and the radiological safety officer (RPO). The licensee is responsible to provide for the RWs basic knowledge and understanding of radiation proprieties, good knowledge of the local rules and the operational radiation protection methods and the safety features of the devices, on the job training under the supervision of a RPO or a qualified expert (RPE). Every 5 years the participation to a refresher course is required

  15. Rape as a legal indication for abortion: implications and consequences of the medical examination requirement.

    Science.gov (United States)

    Teklehaimanot, K I; Smith, C Hord

    2004-01-01

    A number of countries adopt abortion laws recognizing rape as a legal ground for access to safe abortion service. As rape is a crime, these abortion laws carry with them criminal and health care elements that in turn result in the involvement of legal and medical expertise. The most common objective of the laws should be providing safe abortion services to women survivors of rape. Depending on purposes of a given abortion law, the laws usually require women to undergo a medical examination to qualify for a legal abortion. Some abortion laws are so vague as to result in uncertainties regarding the steps health personnel must follow in conducting medical examination. Another group of abortion laws do not leave room for regulation and remain too rigid to respond to changing socio-economic circumstances. Still others require medical examination as a prerequisite for abortion. As a result, a number of abortion laws remain on the books. The paper attempts to analyze legal and practical issues related to medical examination in rape cases.

  16. Promoting awareness of legal requirements and liabilities in food and beverage operations

    Directory of Open Access Journals (Sweden)

    A. Nicolaides

    2012-01-01

    Full Text Available The purpose of this article is to shed more light on the importance of promoting greater awareness of legal requirements and liabilities of food and beverage operations (F&B operations. It is a descriptive analysis which highlights aspects related to food hygiene. Managing legal issues in the hospitality industry, especially in F&B, is a tricky business. The magnitude of the global tourism industry means that the laws governing it are exhaustive and at the best of times, highly complex. Since tourists need to eat and drink it is imperative that industry employees have a meaningful grasp on what is expected legally speaking. Tourists spend large amounts of money on food and beverages and this is second only to airfare to and from destinations. Creating awareness of legal requirements and liabilities in food and beverage operations among industry employees is essential. As very little has been written on consumer rights and industry obligations in the South African hospitality industry food and beverage context, it is hope that this article will create greater awareness of a critically important aspect in the hospitality industry.

  17. 25 CFR 115.423 - If you are a custodial parent, a legal guardian, or an emancipated minor, may BIA authorize the...

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false If you are a custodial parent, a legal guardian, or an emancipated minor, may BIA authorize the disbursement of funds from a minor's supervised account without your... custodial parent, a legal guardian, or an emancipated minor, may BIA authorize the disbursement of funds...

  18. On legal requirements for construction of high temperature reactors (HTR) in Poland

    Energy Technology Data Exchange (ETDEWEB)

    Nowacki, Tomasz R. [Ministry of Economic Development, Warsaw (Poland). Dept. for Regulatory Risk Assessment

    2017-08-15

    In the July 2016 issue of atw an article has been published on the legal obstacles to the construction of HTRs in Poland. The authors have raised a number of objections to the Polish law with the main thesis of the inability, or at least a significant impediment to the construction of such installations without significant legislative intervention. The main purpose of this text is to prove that the construction of HTRs based on the existing Polish laws and regulations is possible. In addition, the author intends to clarify the particular concerns expressed in the article regarding the particular legislation and correct improper statements and interpretations of the Polish nuclear law. The article deals only with strictly legal issues and does not take a stand on the technical feasibility and reality of ambitious plans for the construction of HTRs in Poland.

  19. On legal requirements for construction of high temperature reactors (HTR) in Poland

    International Nuclear Information System (INIS)

    Nowacki, Tomasz R.

    2017-01-01

    In the July 2016 issue of atw an article has been published on the legal obstacles to the construction of HTRs in Poland. The authors have raised a number of objections to the Polish law with the main thesis of the inability, or at least a significant impediment to the construction of such installations without significant legislative intervention. The main purpose of this text is to prove that the construction of HTRs based on the existing Polish laws and regulations is possible. In addition, the author intends to clarify the particular concerns expressed in the article regarding the particular legislation and correct improper statements and interpretations of the Polish nuclear law. The article deals only with strictly legal issues and does not take a stand on the technical feasibility and reality of ambitious plans for the construction of HTRs in Poland.

  20. Legal requirements for long-lasting radioactive waste disposal; Rechtliche Anforderungen der Beseitigung hochradioaktiver langlebiger Abfaelle

    Energy Technology Data Exchange (ETDEWEB)

    Giesselmann, Matthias

    2016-07-01

    The topic of nuclear disposal has been treated in juridical regard up to now only rudimentary. To this day the federation has not met the legal obligation existing for roughly 40 years to set up a plant for the safekeeping and for the permanent storage of highly-radioactive waste. Repeatedly changed disposal-conceptual approaches have contributed perpetually to a temporal shift of the ''dumping question'' into an uncertain future. Against this background it seems necessary on to examine whether such a ''politics of ephemeral solution attempts'' is legally to be accepted (any longer). Hence, including the recently remitted site selection law the author works out extensively the removal regime applying in Germany for highly radioactive long-lasting rubbish and verifies his compatibility with the European law, the German constitutional law and the thematically relevant International treaty law.

  1. Responsibility without legal authority? Tackling alcohol-related health harms through licensing and planning policy in local government.

    Science.gov (United States)

    Martineau, F P; Graff, H; Mitchell, C; Lock, K

    2014-09-01

    The power to influence many social determinants of health lies within local government sectors that are outside public health's traditional remit. We analyse the challenges of achieving health gains through local government alcohol control policies, where legal and professional practice frameworks appear to conflict with public health action. Current legislation governing local alcohol control in England and Wales is reviewed and analysed for barriers and opportunities to implement effective population-level health interventions. Case studies of local government alcohol control practices are described. Addressing alcohol-related health harms is constrained by the absence of a specific legal health licensing objective and differences between public health and legal assessments of the relevance of health evidence to a specific place. Local governments can, however, implement health-relevant policies by developing local evidence for alcohol-related health harms; addressing cumulative impact in licensing policy statements and through other non-legislative approaches such as health and non-health sector partnerships. Innovative local initiatives-for example, minimum unit pricing licensing conditions-can serve as test cases for wider national implementation. By combining the powers available to the many local government sectors involved in alcohol control, alcohol-related health and social harms can be tackled through existing local mechanisms. © The Author 2013. Published by Oxford University Press on behalf of Faculty of Public Health.

  2. An EU law perspective on the role of legal authorities in the field of renewable energy

    NARCIS (Netherlands)

    Peeters, Marjan; Schomerus, Thomas; Peeters, Marjan; Schomerus, Thomas

    2014-01-01

    This chapter maps and analyses the specific position of regional authorities in view of EU climate and energy law. It specifically focuses on the role taken by such authorities in the light of the transition towards a society increasingly employing renewable energy. Section 2 discusses the potential

  3. Legal Reserve Requirements in Brazilian Forests: Path Dependent Evolution of De Facto Legislation

    OpenAIRE

    Lee J. Alston; Bernardo Mueller

    2007-01-01

    Why would a poor and largely pro-developmental country such as Brazil, that has so much of its territory covered in forest, adopt one of the most restrictive land use requirements in the world when it comes to cutting the forest to give way to other economic uses? We describe the evolution of legal reserve legislation in Brazil, which currently requires that 20% of the area in a property (80% in the Amazon) be left in forest or its native vegetation. This legislation was put into place in 193...

  4. Legal aspects concerning the requirement for completion of the backend of the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Strassburg, W. Dr.

    1987-01-01

    Most european states are forced by their political institutions, parliaments or governments to establish integrated programmes about the recycling and safe disposal of all kinds of radioactive materials resulting from the application of nuclear energy. A proper solution is not an option as on other continents, but an obligation, due to environmental and economical reasons. First, I will outline the ''Fuel Management Concept'' in the Federal Republic of Germany, than, I will say something about the institutional responsibilities, the package deal clause and the actual practice of management and disposal. We will look into the legal aspects of the atomic energy act, the hazard protection and precaution, the administrative requirements, the discretionary rules of law and some undefined legal conceptions, the practice of public licencing, the advanced public participation and the immediate effectiveness as the substance of my reflections. Finally there shall be some closing remarks on assessing the German fuel management concept

  5. Security and privacy of EHR systems--ethical, social and legal requirements.

    Science.gov (United States)

    Kluge, Eike-Henner W

    2003-01-01

    This paper addresses social, ethical and legal concerns about security and privacy that arise in the development of international interoperable health information systems. The paper deals with these concerns under four rubrics: the ethical status of electronic health records, the social and legal embedding of interoperable health information systems, the overall information-requirements healthcare as such, and the role of health information professionals as facilitators. It argues that the concerns that arise can be met if the development of interoperability protocols is guided by the seven basic principles of information ethics that have been enunciated in the IMIA Code of Ethics for Health Information Professionals and that are central to the ethical treatment of electronic health records.

  6. Better parks through law and policy: a legal analysis of authorities governing public parks and open spaces.

    Science.gov (United States)

    Henderson, Ana; Fry, Christine R

    2011-01-01

    Improving parks in low income and minority neighborhoods may be a key way to increase physical activity and decrease overweight and obesity prevalence among children at the greatest risk. To advocate effectively for improved recreation infrastructure, public health advocates must understand the legal and policy landscape in which public recreation decisions are made. In this descriptive legal analysis, we reviewed federal, state, and local laws to determine the authority of each level of government over parks. We then examined current practices and state laws regarding park administration in urban California and rural Texas. We identified several themes through the analysis: (1) multiple levels of governments are often involved in parks offerings in a municipality, (2) state laws governing parks vary, (3) local authority may vary substantially within a state, and (4) state law may offer greater authority than local jurisdictions use. Public health advocates who want to improve parks need to (1) think strategically about which levels of government to engage; (2) identify parks law and funding from all levels of government, including those not typically associated with local parks; and (3) partner with advocates with similar interests, including those from active living and school communities.

  7. 76 FR 58393 - Updated Statements of Legal Authority for the Export Administration Regulations

    Science.gov (United States)

    2011-09-21

    ... benefits (including potential economic, environmental, public health and safety effects, distributive... Boycotts, Exports, Reporting and recordkeeping requirements. 15 CFR Part 762 Administrative practice and...

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

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2014-03-01

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

  9. DARHT: INTEGRATION OF AUTHORIZATION BASIS REQUIREMENTS AND WORKER SAFETY

    International Nuclear Information System (INIS)

    MC CLURE, D. A.; NELSON, C. A.; BOUDRIE, R. L.

    2001-01-01

    This document describes the results of consensus agreements reached by the DARHT Safety Planning Team during the development of the update of the DARHT Safety Analysis Document (SAD). The SAD is one of the Authorization Basis (AB) Documents required by the Department prior to granting approval to operate the DARHT Facility. The DARHT Safety Planning Team is lead by Mr. Joel A. Baca of the Department of Energy Albuquerque Operations Office (DOE/AL). Team membership is drawn from the Department of Energy Albuquerque Operations Office, the Department of Energy Los Alamos Area Office (DOE/LAAO), and several divisions of the Los Alamos National Laboratory. Revision 1 of the DARHT SAD had been written as part of the process for gaining approval to operate the Phase 1 (First Axis) Accelerator. Early in the planning stage for the required update of the SAD for the approval to operate both Phase 1 and Phase 2 (First Axis and Second Axis) DARHT Accelerator, it was discovered that a conflict existed between the Laboratory approach to describing the management of facility and worker safety

  10. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  11. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Arabic Edition)

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  12. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Spanish Edition)

    International Nuclear Information System (INIS)

    2010-01-01

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered

  13. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (French Edition)

    International Nuclear Information System (INIS)

    2010-01-01

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered

  14. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Chinese Edition)

    International Nuclear Information System (INIS)

    2010-01-01

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered

  15. National Systematic Legal Review of State Policies on Emergency Medical Services Licensure Levels' Authority to Administer Opioid Antagonists.

    Science.gov (United States)

    Kinsman, Jeremiah M; Robinson, Kathy

    2018-02-27

    Previous research conducted in November 2013 found there were a limited number of states and territories in the United States (US) that authorize emergency medical technicians (EMTs) and emergency medical responders (EMRs) to administer opioid antagonists. Given the continued increase in the number of opioid-related overdoses and deaths, many states have changed their policies to authorize EMTs and EMRs to administer opioid antagonists. The goal of this study is to provide an updated description of policy on EMS licensure levels' authority to administer opioid antagonists for all 50 US states, the District of Columbia (DC), and the Commonwealth of Puerto Rico (PR). State law and scopes of practice were systematically reviewed using a multi-tiered approach to determine each state's legally-defined EMS licensure levels and their authority to administer an opioid antagonist. State law, state EMS websites, and state EMS scope of practice documents were identified and searched using Google Advanced Search with Boolean Search Strings. Initial results of the review were sent to each state office of EMS for review and comment. As of September 1, 2017, 49 states and DC authorize EMTs to administer an opioid antagonist. Among the 40 US jurisdictions (39 states and DC) that define the EMR or a comparable first responder licensure level in state law, 37 states and DC authorize their EMRs to administer an opioid antagonist. Paramedics are authorized to administer opioid antagonists in all 50 states, DC, and PR. All 49 of the US jurisdictions (48 states and DC) that define the advanced emergency medical technician (AEMT) or a comparable intermediate EMS licensure level in state law authorize their AEMTs to administer an opioid antagonist. 49 out of 52 US jurisdictions (50 states, DC, and PR) authorize all existing levels of EMS licensure levels to administer an opioid antagonist. Expanding access to this medication can save lives, especially in communities that have limited

  16. [Consent and confidentiality in occupational health practice: balance between legal requirements and ethical values].

    Science.gov (United States)

    Mora, Erika; Franco, G

    2010-01-01

    The recently introduced Italian law on the protection of workers' health states that the occupational health physician (competent physician) is required to act according to the Code of Ethics of the International Commission on Occupational Health (ICOH). This paper aims at examining the articles of legislative decree 81/2008 dealing with informed consent and confidentiality compared with the corresponding points of the ICOH Ethics Code. Analysis of the relationship between articles 25 and 39 (informed consent) and 18, 20 and 39 (confidentiality) of the decree shows that there are some points of disagreement between the legal requirements and the Code of Ethics, in particular concerning prescribed health surveillance, consent based on appropriate information (points 8, 10 and 12 of the Code) and some aspects of confidentiality (points 10, 20, 21, 22 and 23 of the Code). Although the competent physician is required to act according to the law, the decisional process could lead to a violation of workers' autonomy.

  17. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1, Revision 1 (Chinese Edition)

    International Nuclear Information System (INIS)

    2016-01-01

    This publication establishes requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered. A review of Safety Requirements publications was commenced in 2011 following the accident in the Fukushima Daiichi nuclear power plant in Japan. The review revealed no significant areas of weakness and resulted in just a small set of amendments to strengthen the requirements and facilitate their implementation, which are contained in the present publication.

  18. Monitoring groundwater: optimising networks to take account of cost effectiveness, legal requirements and enforcement realities

    Science.gov (United States)

    Allan, A.; Spray, C.

    2013-12-01

    The quality of monitoring networks and modeling in environmental regulation is increasingly important. This is particularly true with respect to groundwater management, where data may be limited, physical processes poorly understood and timescales very long. The powers of regulators may be fatally undermined by poor or non-existent networks, primarily through mismatches between the legal standards that networks must meet, actual capacity and the evidentiary standards of courts. For example, in the second and third implementation reports on the Water Framework Directive, the European Commission drew attention to gaps in the standards of mandatory monitoring networks, where the standard did not meet the reality. In that context, groundwater monitoring networks should provide a reliable picture of groundwater levels and a ';coherent and comprehensive' overview of chemical status so that anthropogenically influenced long-term upward trends in pollutant levels can be tracked. Confidence in this overview should be such that 'the uncertainty from the monitoring process should not add significantly to the uncertainty of controlling the risk', with densities being sufficient to allow assessment of the impact of abstractions and discharges on levels in groundwater bodies at risk. The fact that the legal requirements for the quality of monitoring networks are set out in very vague terms highlights the many variables that can influence the design of monitoring networks. However, the quality of a monitoring network as part of the armory of environmental regulators is potentially of crucial importance. If, as part of enforcement proceedings, a regulator takes an offender to court and relies on conclusions derived from monitoring networks, a defendant may be entitled to question those conclusions. If the credibility, reliability or relevance of a monitoring network can be undermined, because it is too sparse, for example, this could have dramatic consequences on the ability of a

  19. The Legal Regulation Of The Substitution Of The Budgetary Credit Release Authority In Exceptional Conditions

    Directory of Open Access Journals (Sweden)

    Ionel Bostan

    2016-03-01

    Full Text Available The purpose of our endeavour is to bring into the light of debates the situation that might exceptionally occur at the level of administrative territorial authority (ATU – villages, cities, municipalities and counties when it is affected the budgetary activity because the mayor/chairman of CC (County Council is unable to exert its mandate, the LC (Local County/CC is dissolved and the secretary position of the ATU is vacant. The discussion is focused on the legislative solution adopted by the Government through the Emergency Order, establishing the possibility according to which the prefect can name a person – by detachment – as secretary of the LC/CC. At the same time, it was also identified the solution for preventing a budgetary obstruction caused by the existence of the deliberative authority dissolution state which consists in the enactment of application in the current financial year of the ultimate budget, updated with the allocated amounts in the current year coming from the state budget or other budgets, respecting the monthly expenditures limit of 1/12 of this total budget.

  20. Women's opinions of legal requirements for drug testing in prenatal care.

    Science.gov (United States)

    Tucker Edmonds, Brownsyne; Mckenzie, Fatima; Austgen, MacKenzie B; Carroll, Aaron E; Meslin, Eric M

    2017-07-01

    To explore women's attitudes and perceptions regarding legal requirements for prenatal drug testing. Web-based survey of 500 US women (age 18-45) recruited from a market research survey panel. A 24-item questionnaire assessed their opinion of laws requiring doctors to routinely verbal screen and urine drug test patients during pregnancy; recommendations for consequences for positive drug tests during pregnancy; and opinion of laws requiring routine drug testing of newborns. Additional questions asked participants about the influence of such laws on their own care-seeking behaviors. Data were analyzed for associations between participant characteristics and survey responses using Pearson's chi-squared test. The majority of respondents (86%) stated they would support a law requiring verbal screening of all pregnant patients and 73% would support a law requiring universal urine drug testing in pregnancy. Fewer respondents were willing to support laws that required verbal screening or urine drug testing (68% and 61%, respectively) targeting only Medicaid recipients. Twenty-one percent of respondents indicated they would be offended if their doctors asked them about drug use and 14% indicated that mandatory drug testing would discourage prenatal care attendance. Women would be more supportive of policies requiring universal rather than targeted screening and testing for prenatal drug use. However, a noteworthy proportion of women would be discouraged from attending prenatal care - a reminder that drug testing policies may have detrimental effects on maternal child health.

  1. 18 CFR 45.2 - Positions requiring authorization.

    Science.gov (United States)

    2010-04-01

    ... mentioned which applicant holds and which are invested with executive authority, applicant shall state in... directors, or otherwise. 1 Corporation means any corporation, joint-stock company, partnership, association...

  2. 40 CFR 123.27 - Requirements for enforcement authority.

    Science.gov (United States)

    2010-07-01

    ... negligence,” “gross negligence” or strict liability satisfy the requirement of paragraph (a)(3)(ii) of this... under State law for establishing violations under paragraph (a)(3) of this section, shall be no greater... under the appropriate Act; Note: For example, this requirement is not met if State law includes mental...

  3. 40 CFR 501.17 - Requirements for enforcement authority.

    Science.gov (United States)

    2010-07-01

    ... which provide the criminal remedies based on “criminal negligence,” “gross negligence” or strict.... (2) The burden of proof and degree of knowledge or intent required under State law for establishing..., this requirement is not met if State law includes mental state as an element of proof for civil...

  4. 7 CFR 282.1 - Legislative authority and notice requirements.

    Science.gov (United States)

    2010-01-01

    ... Section 282.1 Agriculture Regulations of the Department of Agriculture (Continued) FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE FOOD STAMP AND FOOD DISTRIBUTION PROGRAM DEMONSTRATION, RESEARCH, AND... 17 of the Act authorizes the Secretary to conduct demonstration, research, and evaluation projects...

  5. 14 CFR 61.68 - Category III pilot authorization requirements.

    Science.gov (United States)

    2010-01-01

    ...) The addition of another type of aircraft to the applicant's Category III pilot authorization. (2) To... height, as applicable, including use of a radar altimeter; (iii) Recognition of and proper reaction to... an aircraft of the same category and class, and type, as applicable, as the aircraft for which the...

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

    International Nuclear Information System (INIS)

    Schattke, H.

    1980-01-01

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

  7. The Legality and Validity of Administrative Enforcement

    Directory of Open Access Journals (Sweden)

    Sergei V. Iarkovoi

    2018-01-01

    Full Text Available The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.

  8. New legal requirements for submission of product information to poisons centres in EU member states.

    Science.gov (United States)

    de Groot, Ronald; Brekelmans, Pieter; Desel, Herbert; de Vries, Irma

    2018-01-01

    In the past eight years, the European Association of Poisons Centres and Clinical Toxicologists (EAPCCT) has been intensively involved in a European Commission led process to develop EU legislation on the information of hazardous products that companies have to notify to EU Poisons Centres (or equivalent "appointed bodies"). As a result of this process, the Commission adopted Regulation (EU) No 2017/542, amending the CLP Regulation by adding an Annex on harmonised product submission requirements. Harmonised mixture information requirements: Detailed and consistent information on the composition of the hazardous product will become available to EU Poisons Centres (PC). The information will be submitted by companies to PCs (or equivalent "appointed bodies") using a web-based software application or in-house software. Two new important features are introduced. Firstly, to be able to rapidly identify the product formula, a Unique Formula Identifier (UFI) on the product label links to the submitted information. Secondly, for better comparability of reports on poisonings between EU member states, a harmonised Product Categorisation System will specify the intended use of a product. Rapid product identification and availability of detailed composition information will lead to timely and adequate medical intervention. This may lead to considerable reduction in healthcare costs. Additionally, for companies trading across the EU, costs of submission of this information will be reduced significantly. Next steps: From 2017, an implementation period has started, consisting of a three-year period for stakeholders to implement the new requirements, followed by a gradual applicability for consumer products (2020), professional products (2021) and industrial use-only products (2024). Technical tools to generate the electronic format and the UFI together with guidance documents are expected to be made available by the end of 2017 by the European Chemicals Agency (ECHA). Guidance on

  9. Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

    Science.gov (United States)

    Speldewinde, Christopher A; Parsons, Ian

    2015-01-01

    Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

  10. Joint Parental Authority : A comparative legal study on the continuation of joint parental authority after divorce and the breakup of a relationship in Dutch and Danish law and the CEFL principles

    NARCIS (Netherlands)

    Jeppesen, C.G.

    2008-01-01

    This book provides a comparative legal study on the continuation of joint parental authority after divorce and the breakup of a relationship in Dutch and Danish law. In addition, the Principles regarding Parental Responsibilities which have been drafted by the Commission on European Family Law are

  11. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations

    International Nuclear Information System (INIS)

    Buckler, Julius

    2016-01-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [de

  12. Procurement activities required by the nuclear program developed by nuclearelectrica national company- technical issues versus public acquisitions legal issues

    International Nuclear Information System (INIS)

    Vatamanu, Mariana

    2007-01-01

    Public procurement is one of the areas of the single market where the results of the liberalization drive have not yet measured up to expectations. This communication presents some technical issues versus public acquisition legal issues and suggests ways and means of improving contract award procedures. Procurement area includes the acquisition of goods, services and works, thus assumption not only for purchasing equipment, components, spare-parts or materials, but also hiring of the contractors or consultants to carry out services and works. Procurement is related to the function of management of supply, which encompasses aside range of planning function, coding and classification, stockholding policies, store-keeping, stores accounting, etc. but it is also related to the hiring of contractors or consultants for work or services. As an answer to the challenge of the increasing market globalization it has been developed the ISO quality system, within 9000 family of standards. The very intensive competition for all market clients, either locally or globally, encouraged development of a new concept of quality management systems. Due to its specificity of activity and with respect to the rules and legislation requirements imposed either by the internal Romanian Laws and Regulations or/and by international market rules and constrains, the development, construction and operation of a Nuclear Power Plant shall be performed in a controlled condition and based on specific authorizations obtained by the Owner of the NPP from the Romanian Regulatory Authorities. The experience, accumulated by over 10 years of operation of Cernavoda NPP Unit 1 by our company, demonstrates the high importance of the Quality Management System that imposes the quality of the components installed on the plant, the services and the works developed to assure a safety operation of the nuclear unit, with a strongly dependence by the procurement system established for purchasing of goods, services and

  13. Requirements for the authorization of operation os a calibration laboratory of gamma-ray monitors

    International Nuclear Information System (INIS)

    Silva, Raimundo Dias da; Kibrit, Eduardo

    2011-01-01

    This paper describes the process for obtaining the authorization of operation of a laboratory designed to calibrate area and personal monitors with gamma radiation, by using a sealed Cs-137 source. The regulations of Comissao Nacional de Energia Nuclear (CNEN) are deeply analysed and discussed. The authorization for construction, the authorization for modification of items important to safety, the authorization for the acquisition and handling of radiation sources, the authorization for operating, and the authorization for withdrawal of operation of the laboratory are also discussed. The paper also describes the technical and managerial requirements necessary to operate a gamma radiation calibration laboratory in Brazil. . (author)

  14. 19 CFR 113.1 - Authority to require security or execution of bond.

    Science.gov (United States)

    2010-04-01

    ... 19 Customs Duties 1 2010-04-01 2010-04-01 false Authority to require security or execution of bond. 113.1 Section 113.1 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY CUSTOMS BONDS General Provisions § 113.1 Authority to require security or...

  15. Identifying health insurance predictors and the main reported reasons for being uninsured among US immigrants by legal authorization status.

    Science.gov (United States)

    Vargas Bustamante, Arturo; Chen, Jie; Fang, Hai; Rizzo, John A; Ortega, Alexander N

    2014-01-01

    This study identifies differences in health insurance predictors and investigates the main reported reasons for lacking health insurance coverage between short-stayed (≤ 10 years) and long-stayed (>10 years) US immigrant adults to parse the possible consequences of the Affordable Care Act among immigrants by length of stay and documentation status. Foreign-born adults (18-64 years of age) from the 2009 California Health Interview Survey are the study population. Health insurance coverage predictors and the main reasons for being uninsured are compared across cohorts and by documentation status. A logistic-regression two-part multivariate model is used to adjust for confounding factors. The analyses determine that legal status is a strong health insurance predictor, particularly among long-stayed undocumented immigrants. Immigration status is the main reported reason for lacking health insurance. Although long-stayed documented immigrants are likely to benefit from the Affordable Care Act implementation, undocumented immigrants and short-stayed documented immigrants may encounter difficulties getting health insurance coverage. Copyright © 2013 John Wiley & Sons, Ltd.

  16. A review of countries' pharmacist-patient communication legal requirements on prescription medications and alignment with practice

    DEFF Research Database (Denmark)

    Svensberg, Karin; Sporrong, Sofia Kälvemark; Björnsdottir, Ingunn

    2015-01-01

    BACKGROUND: Pharmacist-patient communication around prescription medications can optimize treatment outcomes. Society's expectations of pharmacist-patient communication around medications can be expressed in legislation, economic incentives, and authority control. In this study, the Nordic...... countries of Denmark, Finland, Iceland, Norway and Sweden provide the legislative examples and can be used as a platform to discuss how society's expectations, professional visions, and practice are aligning. OBJECTIVE: The overall aim of this study was to describe society's expectations of pharmacist......-patient communication around medications as expressed by the state in Nordic legislation, economic incentives and authority control. Additionally, this study describes how the states govern Nordic pharmacists in different pharmacy systems. METHOD: A legal review was performed using online legislative databases...

  17. Classification and disposal of radioactive wastes: History and legal and regulatory requirements

    International Nuclear Information System (INIS)

    Kocher, D.C.

    1990-01-01

    This document discusses the laws and regulations in the United States addressing classification of radioactive wastes and the requirements for disposal of different waste classes. This review emphasizes the relationship between waste classification and the requirements for permanent disposal

  18. 5 CFR 2636.307 - Requirement for advance authorization to engage in teaching for compensation.

    Science.gov (United States)

    2010-01-01

    ... engage in teaching for compensation. 2636.307 Section 2636.307 Administrative Personnel OFFICE OF... teaching for compensation. (a) Authorization requirement. A covered noncareer employee may receive compensation for teaching only when specifically authorized in advance by the designated agency ethics official...

  19. Legal requirements for human-health based appeals of wind energy projects in ontario.

    Science.gov (United States)

    Engel, Albert M

    2014-01-01

    In 2009, the government of the province of Ontario, Canada passed new legislation to promote the development of renewable energy facilities, including wind energy facilities in the province. Throughout the legislative process, concerns were raised with respect to the effect of wind energy facilities on human health. Ultimately, the government established setbacks and sound level limits for wind energy facilities and provided Ontario residents with the right to appeal the approval of a wind energy facility on the ground that engaging in the facility in accordance with its approval will cause serious harm to human health. The first approval of a wind facility under the new legislation was issued in 2010 and since then, Ontario's Environmental Review Tribunal as well as Ontario's courts has been considering evidence proffered by appellants seeking revocation of approvals on the basis of serious harm to human health. To date, the evidence has been insufficient to support the revocation of a wind facility approval. This article reviews the legal basis for the dismissal of human-health based appeals.

  20. Public-private partnership: between legal requirements and the real needs

    Directory of Open Access Journals (Sweden)

    Sergiu CORNEA

    2012-12-01

    Full Text Available The overview image of the public-private partnership is represented by cooperation between the public and private actors to carry out the activities of public interest, cooperation based on the capacities of each partner to allocate properly the resources, risks and benefits. The main elements of the institutional framework are established by the national legislation. The traditional domains for the development of the partnerships are necessary at the national level and for infrastructure. The increasing tendency toward decentralization of the provision of services introduces a lot of public-private opportunities like health, education and other social services in the non-traditional areas, as well. The study analysis presents the idea of partnership as a means of solving the problem of more and more limited resources which are at the disposal of public administration. The quality of legal framework and government policies for the development of partnerships gives to this way of cooperation, either the quality of strategy in the public policies, which purpose is to obtain greater benefits by combining the resources of those two sectors, or the limited solution to the re-launch of the economy and to meet the general interest.

  1. The Requirement of Being a "Fit and Proper" Person for the Legal ...

    African Journals Online (AJOL)

    An important requirement for admission as an attorney or advocate is to be a "fit and proper" person. Lawyers are also struck from the respective rolls of advocates or attorneys if they cease to be "fit and proper". This requirement of being a "fit and proper" person is not defined or described in legislation. It is left to the ...

  2. Legal issues in the harmonization of different levels of public authority in Russia: The case of natural resource development

    Energy Technology Data Exchange (ETDEWEB)

    Borodach, M. V; Keeping, J.

    2002-03-31

    One of the key challenges faced by policy makers in Russia is working out a reasonable division of responsibilities between the central government -- the government of the Russian Federation -- and the various political units which comprise the country. Unfortunately, the 1993 Constitution is not in all respects clear on division of powers and responsibilities. As a result, many inter-jurisdictional questions arise that unless resolved, will have incalculable impact on the development of Russia's natural resources. This article discusses some of the factors that must be considered in addressing the total harmonization of powers of the various levels of authority in Russia which have a bearing on the development of subsoil resources. These include: (1) clarification of powers possessed by different levels of public authority in the Russian federation with regard to subsoil resources; (2) mechanisms for harmonizing the powers of the various levels of public authority in Russia, (3) special features of the political organization of the Tyumen region, Russia's most important oil and gas producing area, and (4) the role of new political and territorial units in the system of Russian federalism. 6 end-notes.

  3. How to integrate legal requirements into a requirements engineering methodology for the development of security and privacy patterns

    NARCIS (Netherlands)

    Compagna, L.; El Khoury, P.; Krausová, A.; Massacci, F.; Zannone, N.

    2009-01-01

    Laws set requirements that force organizations to assess the security and privacy of their IT systems and impose them to implement minimal precautionary security measures. Several IT solutions (e.g., Privacy Enhancing Technologies, Access Control Infrastructure, etc.) have been proposed to address

  4. Sources, classification, and disposal of radioactive wastes: History and legal and regulatory requirements

    International Nuclear Information System (INIS)

    Kocher, D.C.

    1991-01-01

    This report discusses the following topics: (1) early definitions of different types (classes) of radioactive waste developed prior to definitions in laws and regulations; (2) sources of different classes of radioactive waste; (3) current laws and regulations addressing classification of radioactive wastes; and requirements for disposal of different waste classes. Relationship between waste classification and requirements for permanent disposal is emphasized; (4) federal and state responsibilities for radioactive wastes; and (5) distinctions between radioactive wastes produced in civilian and defense sectors

  5. The Requirement of Being a "Fit and Proper" Person for the Legal Profession

    Directory of Open Access Journals (Sweden)

    M Slabbert

    2011-07-01

    Full Text Available An important requirement for admission as an attorney or advocate is to be a "fit and proper" person. Lawyers are also struck from the respective rolls of advocates or attorneys if they cease to be "fit and proper". This requirement of being a "fit and proper" person is not defined or described in legislation. It is left to the subjective interpretation of and application by seniors in the profession and ultimately the court. In the apartheid years this requirement was applied arbitrarily but today the question may be asked why some lawyers who have been found to be "fit and proper" do not act as such. The pre-admission character screening of lawyers seems not to be effective any more. Post- admission moral development is imperative.

  6. Sound insulation of dwellings - Legal requirements in Europe and subjective evaluation of acoustical comfort

    DEFF Research Database (Denmark)

    Rasmussen, B.; Rindel, Jens Holger

    2003-01-01

    Acoustical comfort is a concept that can be characterised by absence of unwanted sound and by opportunities for acoustic activities without annoying other people. In order to achieve acoustical comfort in dwellings certain requirements have to be fulfilled concerning the airborne sound insulation...... requirement for sound insulation. The findings can also be used as a guide to specify acoustic requirements for dwellings in the future......., the impact sound insulation and the noise level from traffic and building services. For road traffic noise it is well established that an outdoor noise level LAeq, 24 h below 55 dB in a housing area means that approximately 15-20% of the occupants are annoyed by the noise. However, for sound insulation...

  7. Comparative study of legal limits of safety requirements for nuclear installations

    International Nuclear Information System (INIS)

    Schattke, Herbert.

    1983-01-01

    This paper makes a detailed analysis of safety philosophies and principles of radiological protection at international and national levels according to a standardised plan for purposes of comparison. It describes the relevant regulations of the IAEA, OECD/NEA and Euratom and those of the US, UK, France, Italy, the Netherlands, Switzerland and the Federal Republic of Germany. The author points out that the ICRP recommendations are the guidelines in the radiation protection field. (NEA) [fr

  8. A study of diverse clinical decision support rule authoring environments and requirements for integration

    Directory of Open Access Journals (Sweden)

    Zhou Li

    2012-11-01

    Full Text Available Abstract Background Efficient rule authoring tools are critical to allow clinical Knowledge Engineers (KEs, Software Engineers (SEs, and Subject Matter Experts (SMEs to convert medical knowledge into machine executable clinical decision support rules. The goal of this analysis was to identify the critical success factors and challenges of a fully functioning Rule Authoring Environment (RAE in order to define requirements for a scalable, comprehensive tool to manage enterprise level rules. Methods The authors evaluated RAEs in active use across Partners Healthcare, including enterprise wide, ambulatory only, and system specific tools, with a focus on rule editors for reminder and medication rules. We conducted meetings with users of these RAEs to discuss their general experience and perceived advantages and limitations of these tools. Results While the overall rule authoring process is similar across the 10 separate RAEs, the system capabilities and architecture vary widely. Most current RAEs limit the ability of the clinical decision support (CDS interventions to be standardized, sharable, interoperable, and extensible. No existing system meets all requirements defined by knowledge management users. Conclusions A successful, scalable, integrated rule authoring environment will need to support a number of key requirements and functions in the areas of knowledge representation, metadata, terminology, authoring collaboration, user interface, integration with electronic health record (EHR systems, testing, and reporting.

  9. Developing a 3D Road Cadastral System: Comparing Legal Requirements and User Needs

    Science.gov (United States)

    Gristina, S.; Ellul, C.; Scianna, A.

    2016-10-01

    Road transport has always played an important role in a country's growth and, in order to manage road networks and ensure a high standard of road performance (e.g. durability, efficiency and safety), both public and private road inventories have been implemented using databases and Geographical Information Systems. They enable registering and managing significant amounts of different road information, but to date do not focus on 3D road information, data integration and interoperability. In an increasingly complex 3D urban environment, and in the age of smart cities, however, applications including intelligent transport systems, mobility and traffic management, road maintenance and safety require digital data infrastructures to manage road data: thus new inventories based on integrated 3D road models (queryable, updateable and shareable on line) are required. This paper outlines the first step towards the implementation of 3D GIS-based road inventories. Focusing on the case study of the "Road Cadastre" (the Italian road inventory as established by law), it investigates current limitations and required improvements, and also compares the required data structure imposed by cadastral legislation with real road users' needs. The study aims to: a) determine whether 3D GIS would improve road cadastre (for better management of data through the complete life-cycle infrastructure projects); b) define a conceptual model for a 3D road cadastre for Italy (whose general principles may be extended also to other countries).

  10. Reverse logistics network for municipal solid waste management: The inclusion of waste pickers as a Brazilian legal requirement.

    Science.gov (United States)

    Ferri, Giovane Lopes; Chaves, Gisele de Lorena Diniz; Ribeiro, Glaydston Mattos

    2015-06-01

    This study proposes a reverse logistics network involved in the management of municipal solid waste (MSW) to solve the challenge of economically managing these wastes considering the recent legal requirements of the Brazilian Waste Management Policy. The feasibility of the allocation of MSW material recovery facilities (MRF) as intermediate points between the generators of these wastes and the options for reuse and disposal was evaluated, as well as the participation of associations and cooperatives of waste pickers. This network was mathematically modelled and validated through a scenario analysis of the municipality of São Mateus, which makes the location model more complete and applicable in practice. The mathematical model allows the determination of the number of facilities required for the reverse logistics network, their location, capacities, and product flows between these facilities. The fixed costs of installation and operation of the proposed MRF were balanced with the reduction of transport costs, allowing the inclusion of waste pickers to the reverse logistics network. The main contribution of this study lies in the proposition of a reverse logistics network for MSW simultaneously involving legal, environmental, economic and social criteria, which is a very complex goal. This study can guide practices in other countries that have realities similar to those in Brazil of accelerated urbanisation without adequate planning for solid waste management, added to the strong presence of waste pickers that, through the characteristic of social vulnerability, must be included in the system. In addition to the theoretical contribution to the reverse logistics network problem, this study aids in decision-making for public managers who have limited technical and administrative capacities for the management of solid wastes. Copyright © 2015 Elsevier Ltd. All rights reserved.

  11. Sound insulation of dwellings - Legal requirements in Europe and subjective evaluation of acoustical comfort

    OpenAIRE

    Rasmussen, Birgit; Rindel, Jens Holger

    2003-01-01

    Acoustical comfort is a concept that can be characterised by absence of unwanted sound and by opportunities for acoustic activities without annoying other people. In order to achieve acoustical comfort in dwellings certain requirements have to be fulfilled concerning the airborne sound insulation, the impact sound insulation and the noise level from traffic and building services.For road traffic noise it is well established that an outdoor noise level LAeq, 24 h below 55 dB in a housing area ...

  12. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

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

  13. 18 CFR 284.504 - Standard requirements for market-power authorizations.

    Science.gov (United States)

    2010-04-01

    ... Commission within 10 days of acquiring knowledge of significant changes occurring in its market power status... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Standard requirements for market-power authorizations. 284.504 Section 284.504 Conservation of Power and Water Resources...

  14. Consideration of the legal system required for achievement of current nuclear power plant construction programmes

    International Nuclear Information System (INIS)

    Castellon Fernandez, E.; Forum Atomico Espanol, Madrid)

    1976-01-01

    The extensive nuclear power plant construction programmes currently in progress in western countries require updating of the legislation in force in this field, especially as regards the following: acquisition of the sites necessary by means of a national planning programme of available sites; simplification of formalities concerning issuance of administrative licenses; revision of the principle of absolute and exclusive liability of the nuclear operator which forms the basis of the third party liability system for nuclear damage; radioactive waste management and decommissioning of nuclear plants. Furthermore, this new legislation should be harmonized between the different countries concerned. (N.E.A.) [fr

  15. [Software as medical devices/medical apps : Tasks, requirements, and experiences from the point of view of a competent authority].

    Science.gov (United States)

    Terhechte, Arno

    2018-03-01

    Software can be classified as a medical device according to the Medical Device Directive 93/42/EEC. The number of software products and medical apps is continuously increasing and so too is the use in health institutions (e. g., in hospitals and doctors' surgeries) for diagnosis and therapy.Different aspects of standalone software and medical apps from the perspective of the authority responsible are presented. The quality system implemented to establish a risk-based systematic inspection and supervision of manufacturers is discussed. The legal framework, as well as additional standards that are the basis for inspection, are outlined. The article highlights special aspects that occur during inspection like verification of software and interfaces, and the clinical evaluation of software. The Bezirksregierung, as the local government authority responsible in North Rhine-Westphalia, is also in charge of inspection of health institutions. Therefore this article is not limited to the manufacturers placing the software on the market, but in addition it describes the management and use of software as a medical device in hospitals.The future legal framework, the Medical Device Regulation, will strengthen the requirements and engage notified bodies more than today in the conformity assessment of software as a medical device.Manufacturers, health institutions, notified bodies and the authorities responsible are in charge of intensifying their efforts towards software as a medical device. Mutual information, improvement of skills, and inspections will lead to compliance with regulatory requirements.

  16. A review of countries' pharmacist-patient communication legal requirements on prescription medications and alignment with practice: Comparison of Nordic countries.

    Science.gov (United States)

    Svensberg, Karin; Sporrong, Sofia Kälvemark; Björnsdottir, Ingunn

    2015-01-01

    Pharmacist-patient communication around prescription medications can optimize treatment outcomes. Society's expectations of pharmacist-patient communication around medications can be expressed in legislation, economic incentives, and authority control. In this study, the Nordic countries of Denmark, Finland, Iceland, Norway and Sweden provide the legislative examples and can be used as a platform to discuss how society's expectations, professional visions, and practice are aligning. The overall aim of this study was to describe society's expectations of pharmacist-patient communication around medications as expressed by the state in Nordic legislation, economic incentives and authority control. Additionally, this study describes how the states govern Nordic pharmacists in different pharmacy systems. A legal review was performed using online legislative databases. Regulating authorities were contacted to gather supplementary information. Thereafter, a qualitative document analysis was conducted. The Nordic countries regulate staff-patient communication by using broad laws. The legislation's main focus during dispensing is information on the use of medications, but also generic substitution and pricing. Pharmacies should have internal routines for this in place. Pharmacists' obligation to keep a journal on advice given during dispensing is ambiguously regulated. The economic incentives for communication on prescription medication during dispensing are included in the general pharmacy mark-up. Today's authority control focuses on the pharmacy management and appears to primarily evaluate structure indicators of communication, for example, if there is a routine method of counseling available. Various countries throughout the world differ in their requirements for pharmacy staff to communicate on the use of medicines during dispensing. The Nordic countries all require such communication, which aligns with professional visions. Regardless of the pharmacy system, the

  17. Introduction and framing of electricity capacity markets. Legal requirements and boundaries; Einfuehrung und Ausgestaltung von Strom-Kapazitaetsmaerkten. Rechtliche Anforderungen und Grenzen

    Energy Technology Data Exchange (ETDEWEB)

    Daeuper, Olaf; Grundmann, Malte [Becker Buettner Held, Berlin (Germany)

    2012-12-15

    A lively discussion is currently being waged as to whether the electricity markets in their existing design can sustain our future security of supply and how this might be accomplished with future market designs using what are referred to as capacity mechanisms. However, the discussion is largely being conducted from the viewpoint of energy economy, in negligence of the legal constraints and requirements that must form the basis for any promotion mechanism in favour of existing or new installations. A wealth of legal regulations exists which must be taken into account here, ranging from primary European law down to the relevant national laws. Which model ultimately prevails will depend not so much on legal arguments as it will on ones phrased in terms of energy economy. When this has been achieved however, if not earlier, the importance of a legal framework for the market will become apparent.

  18. CASE COMMENT ON NATIONAL LEGAL SERVICES AUTHORITY V. UNION OF INDIA & OTHERS (AIR 2014 SC 1863: A RAY OF HOPE FOR THE LGBT COMMUNITY

    Directory of Open Access Journals (Sweden)

    M.K. Sahu

    2016-01-01

    Full Text Available The lives of human beings are full of complexities, but LGBT face much more trauma compared to other people. What is necessary is to understand the sentiments of the LGBT community and also to grant them common human rights. But the world lowers its eyes and refuses a discussion over the granting of basic human rights to the LGBT community. And it is so sad to see that such discrimination exists even in the 21st century. Indian law, on the whole, only recognizes the paradigm of the binary genders of male and female, based on a person’s sex assigned at birth, which permits a gender system, including the laws relating to marriage, adoption, inheritance, succession and taxation, and welfare legislation. The most pertinent question with respect to the LGBT community is whether LGBT are to be discriminated against by other human beings. Merely being different does not give others the authority to ostracize one from society. In fact, in July 2009 the Delhi High Court ruled that consensual same-sex relations between adults in private could not be criminalized. Then in a recent judgment, the Supreme Court of India expressed its concerns over the mental trauma, emotional agony and pain of the members of the transgender community: all forms of mental suffering of the LGBT community, as well as ignorance and isolation of the community, were brought to an end by the Court’s decision in National Legal Services Authority v. Union of India & Others.

  19. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

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

  20. LEGAL DRAFTING IN CROATIA - CASE STUDY

    Directory of Open Access Journals (Sweden)

    Dario Đerđa

    2017-01-01

    Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

  1. Reverse logistics network for municipal solid waste management: The inclusion of waste pickers as a Brazilian legal requirement

    Energy Technology Data Exchange (ETDEWEB)

    Ferri, Giovane Lopes, E-mail: giovane.ferri@aluno.ufes.br [Department of Engineering and Technology, Federal University of Espírito Santo – UFES, Rodovia BR 101 Norte, Km 60, Bairro Litorâneo, São Mateus, ES, 29.932-540 (Brazil); Diniz Chaves, Gisele de Lorena, E-mail: gisele.chaves@ufes.br [Department of Engineering and Technology, Federal University of Espírito Santo – UFES, Rodovia BR 101 Norte, Km 60, Bairro Litorâneo, São Mateus, ES, 29.932-540 (Brazil); Ribeiro, Glaydston Mattos, E-mail: glaydston@pet.coppe.ufrj.br [Transportation Engineering Programme, Federal University of Rio de Janeiro – UFRJ, Centro de Tecnologia, Bloco H, Sala 106, Cidade Universitária, Rio de Janeiro, 21949-900 (Brazil)

    2015-06-15

    Highlights: • We propose a reverse logistics network for MSW involving waste pickers. • A generic facility location mathematical model was validated in a Brazilian city. • The results enable to predict the capacity for screening and storage centres (SSC). • We minimise the costs for transporting MSW with screening and storage centres. • The use of SSC can be a potential source of revenue and a better use of MSW. - Abstract: This study proposes a reverse logistics network involved in the management of municipal solid waste (MSW) to solve the challenge of economically managing these wastes considering the recent legal requirements of the Brazilian Waste Management Policy. The feasibility of the allocation of MSW material recovery facilities (MRF) as intermediate points between the generators of these wastes and the options for reuse and disposal was evaluated, as well as the participation of associations and cooperatives of waste pickers. This network was mathematically modelled and validated through a scenario analysis of the municipality of São Mateus, which makes the location model more complete and applicable in practice. The mathematical model allows the determination of the number of facilities required for the reverse logistics network, their location, capacities, and product flows between these facilities. The fixed costs of installation and operation of the proposed MRF were balanced with the reduction of transport costs, allowing the inclusion of waste pickers to the reverse logistics network. The main contribution of this study lies in the proposition of a reverse logistics network for MSW simultaneously involving legal, environmental, economic and social criteria, which is a very complex goal. This study can guide practices in other countries that have realities similar to those in Brazil of accelerated urbanisation without adequate planning for solid waste management, added to the strong presence of waste pickers that, through the

  2. Reverse logistics network for municipal solid waste management: The inclusion of waste pickers as a Brazilian legal requirement

    International Nuclear Information System (INIS)

    Ferri, Giovane Lopes; Diniz Chaves, Gisele de Lorena; Ribeiro, Glaydston Mattos

    2015-01-01

    Highlights: • We propose a reverse logistics network for MSW involving waste pickers. • A generic facility location mathematical model was validated in a Brazilian city. • The results enable to predict the capacity for screening and storage centres (SSC). • We minimise the costs for transporting MSW with screening and storage centres. • The use of SSC can be a potential source of revenue and a better use of MSW. - Abstract: This study proposes a reverse logistics network involved in the management of municipal solid waste (MSW) to solve the challenge of economically managing these wastes considering the recent legal requirements of the Brazilian Waste Management Policy. The feasibility of the allocation of MSW material recovery facilities (MRF) as intermediate points between the generators of these wastes and the options for reuse and disposal was evaluated, as well as the participation of associations and cooperatives of waste pickers. This network was mathematically modelled and validated through a scenario analysis of the municipality of São Mateus, which makes the location model more complete and applicable in practice. The mathematical model allows the determination of the number of facilities required for the reverse logistics network, their location, capacities, and product flows between these facilities. The fixed costs of installation and operation of the proposed MRF were balanced with the reduction of transport costs, allowing the inclusion of waste pickers to the reverse logistics network. The main contribution of this study lies in the proposition of a reverse logistics network for MSW simultaneously involving legal, environmental, economic and social criteria, which is a very complex goal. This study can guide practices in other countries that have realities similar to those in Brazil of accelerated urbanisation without adequate planning for solid waste management, added to the strong presence of waste pickers that, through the

  3. 5 CFR 581.307 - Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs.

    Science.gov (United States)

    2010-01-01

    ... the payment of attorney fees, interest, and/or court costs. 581.307 Section 581.307 Administrative... payment of attorney fees, interest, and/or court costs. Before complying with legal process that requires withholding for the payment of attorney fees, interest, and/or court costs, the governmental entity must...

  4. 50 CFR 23.60 - What factors are considered in making a legal acquisition finding?

    Science.gov (United States)

    2010-10-01

    ... Treaty require a Management Authority to make a legal acquisition finding before issuing export permits... before issuing certain CITES exemption documents. (b) Types of legal acquisition. Legal acquisition refers to whether the specimen and its parental stock were: (1) Obtained in accordance with the...

  5. The Impact of Legal Medicine Education on Medical Students' Attitudes toward Law.

    Science.gov (United States)

    LeBlang, Theodore R.; And Others

    1985-01-01

    Physicians' negative attitudes toward law and the legal system derive from the lack of understanding of basic legal principles relating to medical practice. The impact of required curriculum programing in legal medicine at Southern Illinois University School of Medicine is assessed. (Author/MLW)

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

    International Nuclear Information System (INIS)

    Raetzke, C.; Micklinghoff, M.

    2006-01-01

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

  7. A Call for Action to Improve Occupational Health and Safety in Ghana and a Critical Look at the Existing Legal Requirement and Legislation.

    Science.gov (United States)

    Annan, Joe-Steve; Addai, Emmanuel K; Tulashie, Samuel K

    2015-06-01

    Occupational health and safety (OHS) is a broad field of professional practice, which involves specialists from different disciplines including but not limited to engineers, occupational health physicians, physical and biological scientists, economists, and statisticians. The preventive systems required to ensure workers are protected from injuries and illnesses dwell heavily on engineers; however, the extent to which the engineer can go regarding planning and implementing preventive measures is dependent on specific legal requirements, leadership commitment from the company, organization, and nation. The objective of this paper is to identify the areas of opportunities for improvements in OHS management in Ghana with regard to the nation's legal requirements, commitment of the Ghana government, and Ghanaian leadership as well as appropriate structuring of Ghanaian institutions responsible for monitoring and managing OHS in Ghana. This paper identified Ghana's fragmented legal requirements concerning OHS, which are under different jurisdictions with unclear responsibilities and accountabilities. The paper also highlights the training needs of Ghanaian academic institutions regarding OHS. Among other recommendations made including structuring of Ghanaian institutions to manage OHS in line with the ILO-OSH 2001, this paper aligns the recommendations with the articles and elements of International Labour Organization convention number 155 and OHSAS 18001 elements.

  8. A Call for Action to Improve Occupational Health and Safety in Ghana and a Critical Look at the Existing Legal Requirement and Legislation

    Directory of Open Access Journals (Sweden)

    Joe-Steve Annan

    2015-06-01

    Full Text Available Occupational health and safety (OHS is a broad field of professional practice, which involves specialists from different disciplines including but not limited to engineers, occupational health physicians, physical and biological scientists, economists, and statisticians. The preventive systems required to ensure workers are protected from injuries and illnesses dwell heavily on engineers; however, the extent to which the engineer can go regarding planning and implementing preventive measures is dependent on specific legal requirements, leadership commitment from the company, organization, and nation. The objective of this paper is to identify the areas of opportunities for improvements in OHS management in Ghana with regard to the nation's legal requirements, commitment of the Ghana government, and Ghanaian leadership as well as appropriate structuring of Ghanaian institutions responsible for monitoring and managing OHS in Ghana. This paper identified Ghana's fragmented legal requirements concerning OHS, which are under different jurisdictions with unclear responsibilities and accountabilities. The paper also highlights the training needs of Ghanaian academic institutions regarding OHS. Among other recommendations made including structuring of Ghanaian institutions to manage OHS in line with the ILO-OSH 2001, this paper aligns the recommendations with the articles and elements of International Labour Organization convention number 155 and OHSAS 18001 elements.

  9. A Health Equity Problem for Low Income Children: Diet Flexibility Requires Physician Authorization.

    Science.gov (United States)

    Stookey, Jodi D

    2015-09-01

    USDA programs, such as the Child and Adult Care Food Program (CACFP), School Breakfast Program (SBP), and/or National School Lunch Program (NSLP), enable child care centers and schools to provide free and reduced price meals, daily, to millions of low income children. Despite intention to equalize opportunity for every child to have a healthy diet, USDA program rules may be contributing to child obesity disparities and health inequity. USDA program rules require child care centers and schools to provide meals that include a specified number of servings of particular types of foods and beverages. The rules are designed for the average, healthy weight child to maintain weight and growth. They are not designed for the underweight child to gain weight, obese child to normalize weight, or pre-diabetic child to avoid incident diabetes. The rules allow for only one meal pattern and volume, as opposed to a flexible spectrum of meal patterns and portion sizes. Parents of children who participate in the CACFP, SBP, and/or NSLP do not have control over the amount or composition of the subsidized meals. Parents of overweight, obese, or diabetic children who participate in the subsidized meal programs can request dietary change, special meals or accommodations to address their child's health status, but child care providers and schools are not required to comply with the request unless a licensed physician signs a "Medical statement to request special meals and/or accommodations". Although physicians are the only group authorized to change the foods, beverages, and portion sizes served daily to low income children, they are not doing so. Over the past three years, despite an overweight and obesity prevalence of 30% in San Francisco child care centers serving low income children, zero medical statements were filed to request special meals or accommodations to alter daily meals in order to prevent obesity, treat obesity, or prevent postprandial hyperglycemia. Low income children

  10. 41 CFR 102-72.95 - What are the requirements for obtaining a security delegation of authority from GSA?

    Science.gov (United States)

    2010-07-01

    ... the requirements for obtaining a security delegation of authority from GSA? An Executive agency may... PBS. The delegation may be granted where the requesting agency demonstrates a compelling need for the delegated authority and the delegation is not inconsistent with the authorities of any other law enforcement...

  11. Needs, requirements and challenges for technical support to nuclear safety authority

    International Nuclear Information System (INIS)

    Madonna, A.; Orsini, G.

    2010-01-01

    To face the very broad range of technical matters on which the regulatory and licensing activity are based, and related research and development activity, the Nuclear Safety Authorities (NSA) may need to rely upon external technical and scientific support. In providing technical support to NSA, the experience shows, from one side, the importance to have technical support organizations (TSO) with recognized competence, independence and appropriate regulatory view, and from the other side, the importance to have within the NSAs well developed management and technical capability to address, coordinate and use the results of the external technical support. Retaining the NSA the full responsibility for the final decision. Under which conditions and modus operandi the external support shall be provided in order to comply with requirements of being independent, competent and timely provided, fulfilling the administrative procedures, is the subject of attention and consideration of TSO function today. The Italian regulatory body is currently going to be institutionally re-established according to new law approved in 2009 /1/ and it needs to be resourced and fully organized with necessary capacities in the nearest future. The perspective of a new nuclear program, recently launched by the government, with significant incoming tasks for regulation and licensing, against the existing limited resources, let foresee a substantial potential need for technical support and advice. ITER-Consult (Ltd), created in 2003 in Italy, has well developed capabilities to provide independent technical evaluation and support to NSAs, to maintain safety culture and updated knowledge, to transfer know how and to establish international cooperation and networking. This mission is guided assuming as values the independence, the professional competence, the transparency, the credibility and the establishment of respectful relationship with the partners. Challenges exist for funding and operational

  12. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  13. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

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

  14. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  15. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  16. The Legal Context for Teacher Improvement.

    Science.gov (United States)

    Belsches-Simmons, Grace; Bray, Judith

    Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

  17. Sceptical remarks on the 'open' legal concept

    International Nuclear Information System (INIS)

    Sendler, H.

    1987-01-01

    Undeterminate concepts of law are used in Atomic Energy Law and in many other legal fields. The author has the opinion, the undeterminate concepts of law signify a relocation of responsibility to the administration. After a period of control of the administration by courts, a reversal to more independence of the administration is required. (CW) [de

  18. Protective force legal issues: the security perspective

    International Nuclear Information System (INIS)

    Rich, B.L.

    1984-01-01

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

  19. Measuring Changes in Service Costs to Meet the Requirements of the 2002 National Defense Authorization Act

    National Research Council Canada - National Science Library

    Shirley, Chad; Ausink, John; Baldwin, Laura H

    2004-01-01

    The National Defense Authorization Act for Fiscal Year 2002 sets forth a series of goals for the Department of Defense to reduce the cost of the services it buys over a ten-year period through changes...

  20. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  1. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (French Edition); Cadre gouvernemental, legislatif et reglementaire de la surete. Prescriptions generales de surete. Partie 1

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-11-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  2. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Spanish Edition); Marco gubernamental, juridico y regulador para la seguridad. Requisitos de Seguridad Generales. Parte 1

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-11-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  3. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

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

  4. 5 CFR 575.212 - Internal monitoring requirements and revocation or suspension of authority.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Internal monitoring requirements and... MANAGEMENT CIVIL SERVICE REGULATIONS RECRUITMENT, RELOCATION, AND RETENTION INCENTIVES; SUPERVISORY DIFFERENTIALS; AND EXTENDED ASSIGNMENT INCENTIVES Relocation Incentives § 575.212 Internal monitoring...

  5. 5 CFR 575.312 - Internal monitoring requirements and revocation or suspension of authority.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Internal monitoring requirements and... MANAGEMENT CIVIL SERVICE REGULATIONS RECRUITMENT, RELOCATION, AND RETENTION INCENTIVES; SUPERVISORY DIFFERENTIALS; AND EXTENDED ASSIGNMENT INCENTIVES Retention Incentives § 575.312 Internal monitoring...

  6. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

    O'Reilly, G.; Malone, J. F.

    2008-01-01

    The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

  7. 45 CFR 164.508 - Uses and disclosures for which an authorization is required.

    Science.gov (United States)

    2010-10-01

    ... is in the form of: (A) A face-to-face communication made by a covered entity to an individual; or (B... must obtain an authorization for any use or disclosure of psychotherapy notes, except: (i) To carry out... which students, trainees, or practitioners in mental health learn under supervision to practice or...

  8. 50 CFR 216.108 - Requirements for monitoring and reporting under incidental harassment authorizations for Arctic...

    Science.gov (United States)

    2010-10-01

    ... location, and the time. (d) Where the proposed activity may affect the availability of a species or stock of marine mammal for taking for subsistence purposes, proposed monitoring plans or other research... an incidental harassment authorization for Arctic waters must submit reports to the Assistant...

  9. 77 FR 23396 - Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems

    Science.gov (United States)

    2012-04-19

    ... Distribute Postage Evidencing Systems AGENCY: Postal Service TM . ACTION: Final rule. SUMMARY: This rule establishes the responsibility of the providers of Postage Evidencing Systems (PES) to notify the U.S. Postal... as follows: PART 501--AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE EVIDENCING SYSTEMS 0 1. The...

  10. 26 CFR 601.503 - Requirements of power of attorney, signatures, fiduciaries and Commissioner's authority to...

    Science.gov (United States)

    2010-04-01

    ... representative(s); (5) Description of the matter(s) for which representation is authorized which, if applicable...)/period(s) involved; and (iv) In estate matters, decedent's date of death; and (6) A clear expression of... apply— (i) Joint representation. In the case of any matter concerning a joint return in which both...

  11. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  12. 47 CFR 90.631 - Trunked systems loading, construction and authorization requirements.

    Science.gov (United States)

    2010-10-01

    ..., the total number of mobile units and control stations operating in the wide-area system shall be... system loading requirements under this subpart, the term “mobile station” includes vehicular and portable mobile units and control stations. (b) Each applicant for a non-SMR trunked system must certify that a...

  13. 47 CFR 1.1312 - Facilities for which no preconstruction authorization is required.

    Science.gov (United States)

    2010-10-01

    ... environmental impact as defined in § 1.1307 of this part or is categorically excluded from environmental... significant environmental impact, the information required by § 1.1311 of this part shall be submitted by the... significant environmental effect, it shall immediately cease construction which may have that effect, and...

  14. 75 FR 30309 - Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems

    Science.gov (United States)

    2010-06-01

    ... Distribute Postage Evidencing Systems. This proposed revision clarifies the requirement for examination by an independent audit firm of a Postage Evidencing System Provider's Computerized Meter Resetting System (CMRS) or... Distribute Postage Evidencing Systems AGENCY: Postal Service\\TM\\. ACTION: Proposed rule. SUMMARY: In this...

  15. 75 FR 61653 - Advance Notice of Proposed Rulemaking Regarding Authority To Require Supervision and Regulation...

    Science.gov (United States)

    2010-10-06

    ...? Should the type of asset management activity (e.g., hedge fund, private equity fund, mutual fund) being... contractual arrangements that require the nonbank financial firm either to fund or to satisfy an obligation in connection with managed assets be considered? d. During the financial crisis, some firms provided financial...

  16. 77 FR 56554 - Revisions to the Requirements for Authority to Manufacture and Distribute Postage Evidencing Systems

    Science.gov (United States)

    2012-09-13

    ... auditor shall provide the RC and the Postal Service with an opinion on the design and operating... about the work performed with the service auditor. The Postal Service requires that all remediation... related to the examinations conducted by the service auditor and the RC. * * * * * Stanley F. Mires...

  17. Public health journals' requirements for authors to disclose funding and conflicts of interest: a cross-sectional study.

    Science.gov (United States)

    Daou, Karim N; Hakoum, Maram B; Khamis, Assem M; Bou-Karroum, Lama; Ali, Ahmed; Habib, Joseph R; Semaan, Aline T; Guyatt, Gordon; Akl, Elie A

    2018-04-23

    Public health journals need to have clear policies for reporting the funding of studies and authors' personal financial and non-financial conflicts of interest (COI) disclosures. This study aims to assess the policies of public health journals on reporting of study funding and the disclosure of authors' COIs. This is a cross-sectional study of "Public, Environmental & Occupational Health" journals. Teams of two researchers abstracted data in duplicate and independently using REDCap software. Of 173 public health journals, 155 (90%) had a policy for reporting study funding information. Out of these, a majority did not require reporting of the phase of the study for which funding was received (88%), nor the types of funding sources (87%). Of the 173 journals, 163 (94%) had a policy requiring disclosure of authors' COI. However, the majority of these journals did not require financial conflicts of interest disclosures relating to institutions (75%) nor to the author's family members (90%) while 56% required the disclosure of at least one form of non-financial COI. The policies of the majority of public health journals do not require the reporting of important details such as the role of the funder, and non-financial COI. Journals and publishers should consider revising their editorial policies to ensure complete and transparent reporting of funding and COI.

  18. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations; Stromwirtschaftsrecht in Frankreich. Der Rechtsrahmen fuer die franzoesische Elektrizitaetsversorgung zwischen unionsrechtlichen Marktoeffnungsvorgaben und gemeinwirtschaftlichen Verpflichtungen

    Energy Technology Data Exchange (ETDEWEB)

    Buckler, Julius

    2016-07-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [German] Der Strombinnenmarktprozess ist nach wie vor unvollendet. Dies hat neben technischen auch rechtliche Gruende: Die Beharrungskraefte der zu Monopolzeiten gewachsenen Strukturen und Ordnungsrahmen sind zum Teil aeusserst stark, was sich besonders in Frankreich deutlich zeigt. Die dortige Stromversorgung wird ausgehend von ihrer Einordnung als Service Public sowohl mittelbar durch das Staatsunternehmen EDF als auch unmittelbar durch gesetzliche Regelungen intensiv staatlich kontrolliert. Die Marktoeffnung wird dadurch zwar nicht vollkommen verhindert. Zusammen mit der besonderen Bedeutung der Kernkraft fuer die franzoesische Stromversorgung ergeben sich hieraus aber erhebliche Marktoeffnungshemmnisse. Vor diesem Hintergrund und ausgehend von der historischen Entwicklung untersucht der Autor das geltende franzoesische Stromwirtschaftsrecht ueber alle Wertschoepfungsstufen hinweg in seinen Bezuegen zum EU-Recht.

  19. A Case against the Legal Rules on Conflicted Interested Transactions in Colombian Corporate Law

    Directory of Open Access Journals (Sweden)

    Juan Antonio Gaviria

    2017-07-01

    Full Text Available This paper contends and explains why the Colombian corporate legal rules on conflict of interest are inefficient, proposing some legal changes. In particular, this paper poses four criticisms. First, Colombian law requires that the highest corporate body shall always authorize any transaction between the legal entity and any of its managers or controlling shareholders. Second, such authorization lacks any legal effect whenever the transaction is detrimental to the company. Third, all transactions entered into without such approval are voidable. Fourth, there are no exceptions regarding transactions among companies belonging to the same entrepreneurial group.

  20. Author Details

    African Journals Online (AJOL)

    Abdulraheem-Mustapha, MA. Vol 1 (2010) - Articles Corruption in Nigeria: A call for an aggressive legal solution. Abstract PDF. ISSN: 2276-7371. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use ...

  1. Author Details

    African Journals Online (AJOL)

    Aldiyarova, Aidana. Vol 7 (2016) - Articles Legal matters of the modern silk road between the people's Republic of China and the Republic of Kazakhstan Abstract PDF. ISSN: 2276-7371. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's ...

  2. Author Details

    African Journals Online (AJOL)

    Thom, Rita GM. Vol 6, No 3 (2003) - Articles HIV/AIDS and mental illness: ethical and medico-legal issues for psychiatric services. Abstract PDF. ISSN: 1994-8220. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and ...

  3. Author Details

    African Journals Online (AJOL)

    Mulugeta, Wondwossen. Vol 32 (2014) - Articles Legal framework for implementation of m-government in Ethiopia: best practices and lessons learnt. Abstract PDF. ISSN: 0514-6216. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners ...

  4. Author Details

    African Journals Online (AJOL)

    Gowak, S M. Vol 2, No 2 (2008) - Articles Alternative Dispute Resolution in Ethiopia- A Legal Framework Abstract PDF. ISSN: 2070-0083. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact ...

  5. Impact of sending email reminders of the legal requirement for posting results on ClinicalTrials.gov: cohort embedded pragmatic randomized controlled trial.

    Science.gov (United States)

    Maruani, Annabel; Boutron, Isabelle; Baron, Gabriel; Ravaud, Philippe

    2014-09-19

    To evaluate the impact of sending an email to responsible parties of completed trials that do not comply with the Food and Drug Administration Amendments Act 801 legislation, to remind them of the legal requirement to post results. Cohort embedded pragmatic randomized controlled trial. Trials registered on ClinicalTrials.gov. 190 out of 379 trials randomly selected by computer generated randomization list to receive the intervention (personalized emails structured as a survey and sent by one of us to responsible parties of the trials, indirectly reminding them of the legal requirement and potential penalties for non-compliance). The primary outcome was the proportion of results posted on ClinicalTrials.gov at three months. The secondary outcome was the proportion posted at six months. In a second step, two assessors blinded to the intervention group collected the date of the first results being received on ClinicalTrials.gov. A post hoc sensitivity analysis excluding trials wrongly included was performed. Among 379 trials included, 190 were randomized to receive the email intervention. The rate of posting of results did not differ at three months between trials with or without the intervention: 36/190 (19%) v 24/189 (13%), respectively (relative risk 1.5, 95% confidence interval 0.9 to 2.4, P=0.096) but did at six months: 46/190 (24%) v 27/189 (14%), 1.7, 1.1 to 2.6, P=0.014. In the sensitivity analysis, which excluded 48/379 trials (13%), 26/190 (14%) and 22/189 (12%), respectively, results were significant at three months (relative risk 5.1, 1.1 to 22.9, P=0.02) and at six months (4.1, 1.3 to 10.6, P=0.001). Sending email reminders about the FDA's legal requirement to post results at ClinicalTrials.gov improved significantly the posting rate at six months but not at three months.Trial registration ClinicalTrials.gov NCT01658254. © Maruani et al 2014.

  6. Assessment of Quality Assurance Measures for Radioactive Material Transport Packages not Requiring Competent Authority Design Approval - 13282

    International Nuclear Information System (INIS)

    Komann, Steffen; Groeke, Carsten; Droste, Bernhard

    2013-01-01

    The majority of transports of radioactive materials are carried out in packages which don't need a package design approval by a competent authority. Low-active radioactive materials are transported in such packages e.g. in the medical and pharmaceutical industry and in the nuclear industry as well. Decommissioning of NPP's leads to a strong demand for packages to transport low and middle active radioactive waste. According to IAEA regulations the 'non-competent authority approved package types' are the Excepted Packages and the Industrial Packages of Type IP-1, IP-2 and IP-3 and packages of Type A. For these types of packages an assessment by the competent authority is required for the quality assurance measures for the design, manufacture, testing, documentation, use, maintenance and inspection (IAEA SSR 6, Chap. 306). In general a compliance audit of the manufacturer of the packaging is required during this assessment procedure. Their regulatory level in the IAEA regulations is not comparable with the 'regulatory density' for packages requiring competent authority package design approval. Practices in different countries lead to different approaches within the assessment of the quality assurance measures in the management system as well as in the quality assurance program of a special package design. To use the package or packaging in a safe manner and in compliance with the regulations a management system for each phase of the life of the package or packaging is necessary. The relevant IAEA-SSR6 chap. 801 requires documentary verification by the consignor concerning package compliance with the requirements. (authors)

  7. Assessment of Quality Assurance Measures for Radioactive Material Transport Packages not Requiring Competent Authority Design Approval - 13282

    Energy Technology Data Exchange (ETDEWEB)

    Komann, Steffen; Groeke, Carsten; Droste, Bernhard [BAM Federal Institute for Materials Research and Testing, Unter den Eichen 44-46, 12203 Berlin (Germany)

    2013-07-01

    The majority of transports of radioactive materials are carried out in packages which don't need a package design approval by a competent authority. Low-active radioactive materials are transported in such packages e.g. in the medical and pharmaceutical industry and in the nuclear industry as well. Decommissioning of NPP's leads to a strong demand for packages to transport low and middle active radioactive waste. According to IAEA regulations the 'non-competent authority approved package types' are the Excepted Packages and the Industrial Packages of Type IP-1, IP-2 and IP-3 and packages of Type A. For these types of packages an assessment by the competent authority is required for the quality assurance measures for the design, manufacture, testing, documentation, use, maintenance and inspection (IAEA SSR 6, Chap. 306). In general a compliance audit of the manufacturer of the packaging is required during this assessment procedure. Their regulatory level in the IAEA regulations is not comparable with the 'regulatory density' for packages requiring competent authority package design approval. Practices in different countries lead to different approaches within the assessment of the quality assurance measures in the management system as well as in the quality assurance program of a special package design. To use the package or packaging in a safe manner and in compliance with the regulations a management system for each phase of the life of the package or packaging is necessary. The relevant IAEA-SSR6 chap. 801 requires documentary verification by the consignor concerning package compliance with the requirements. (authors)

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

    Energy Technology Data Exchange (ETDEWEB)

    1981-10-17

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

  9. Beyond Section 508: The Spectrum of Legal Requirements for Accessible e-Government Web Sites in the United States

    Science.gov (United States)

    Jaeger, Paul T.

    2004-01-01

    In the United States, a number of federal laws establish requirements that electronic government (e-government) information and services be accessible to individuals with disabilities. These laws affect e-government Web sites at the federal, state, and local levels. To this point, research about the accessibility of e-government Web sites has…

  10. Legal Medicine in Medical Schools: A Survey of the State of the Art.

    Science.gov (United States)

    Grumet, Barbara Ruhe

    1979-01-01

    Results of a survey of American medical schools indicate that there is considerable interest in legal medicine and that while 40 percent of the schools require students to complete some course work in legal medicine, the curricula vary considerably among the schools. Topics most frequently covered are informed consent and malpractice. (Author/JMD)

  11. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

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

  12. Legal provisions governing the acknowledgment of test results

    International Nuclear Information System (INIS)

    Strecker, A.

    1982-01-01

    The legal provisions governing the acknowledgment of test results are most frequently applied by administrative orders (design and qualification approvals or specimen testing and approval) and are thus claimable and voidable in accordance with general administrative law. The acknowledgment of test certificates requires a legal basis. Test results, however, can be acknowledged also by administrative bodies. Recently, the Federal Government began to delegate more of its legal authority in this field to private institutions, allowing test results to be acknowledged and test certificates to be issued by government controlled private institutions. (orig.) [de

  13. 40 CFR 3.2000 - What are the requirements authorized state, tribe, and local programs' reporting systems must meet?

    Science.gov (United States)

    2010-07-01

    ... the date and time of receipt, and is sent to at least one address that does not share the same access... documents has been determined with legal certainty by the issuing state, tribe, or local government. In the...

  14. Legality in multiple legal orders

    NARCIS (Netherlands)

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

    2010-01-01

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

  15. Legal and security requirements for the air transportation of cyanotoxins and toxigenic cyanobacterial cells for legitimate research and analytical purposes.

    Science.gov (United States)

    Metcalf, J S; Meriluoto, J A O; Codd, G A

    2006-05-25

    Cyanotoxins are now recognised by international and national health and environment agencies as significant health hazards. These toxins, and the cells which produce them, are also vulnerable to exploitation for illegitimate purposes. Cyanotoxins are increasingly being subjected to national and international guidelines and regulations governing their production, storage, packaging and transportation. In all of these respects, cyanotoxins are coming under the types of controls imposed on a wide range of chemicals and other biotoxins of microbial, plant and animal origin. These controls apply whether cyanotoxins are supplied on a commercial basis, or stored and transported in non-commercial research collaborations and programmes. Included are requirements concerning the transportation of these toxins as documented by the United Nations, the International Air Transport Association (IATA) and national government regulations. The transportation regulations for "dangerous goods", which by definition include cyanotoxins, cover air mail, air freight, and goods checked in and carried on flights. Substances include those of determined toxicity and others of suspected or undetermined toxicity, covering purified cyanotoxins, cyanotoxin-producing laboratory strains and environmental samples of cyanobacteria. Implications of the regulations for the packaging and air-transport of dangerous goods, as they apply to cyanotoxins and toxigenic cyanobacteria, are discussed.

  16. Strengthening the capacity of SMEs and local authorities in developing countries to tackle environmental requirements in the supply chain

    Energy Technology Data Exchange (ETDEWEB)

    Sonnemann, G. [Div. of Technology, Industry and Economics (DTIE), United Nations Environment Programme (UNEP), Paris (France)

    2004-07-01

    UNEP DTIE, through its Life Cycle Initiative, proposes to join with industry to strengthen the capacity of the weakest economic actors in the global supply chains to tackle environmental requirements. Two particularly important target groups for this project are SMEs and local authorities. Although the SMEs are the immediate actors, they need appropriate political institutions to provide an enabling framework. Multinational companies are continuously increasing the environmental requirements that their suppliers have to meet in order to provide a green image for the final product reaching western markets. Some multinational companies have accompanied these requirements with information and training of suppliers. By joining with UNEP they will be able to expand the effectiveness of their outreach and also gain greater visibility for their environmental policies. For SMEs this project is an opportunity to develop environmental management expertise and thus position themselves as reliable suppliers to leading companies. (orig.)

  17. Analysis of the Constitutional and Legal Relations of the Romanian Ombudsman Institution with the other Public and Non-Governmental National Authorities

    Directory of Open Access Journals (Sweden)

    Mădălina Cocosatu

    2012-12-01

    Full Text Available Objectives: In the democratic states, the assertion and respect of the fundamental rights of the citizens represent an essential characteristic, both at the national, and at the international level. In this paper, we shall analyze the relations that are established with the Parliament, the executive power, the judicial power, the Constitutional Court and the non-governmental organizations. These relations are of collaboration, control or information, depending on the activity performed by the respective institution or structure. Prior work: I’ve tried to find and debate hermeneutical new regulations and doctrinal opinions in this domain very important for those who practice Administrative law and Constitutional law. Results: In European Union and Member States, the enforcement decisions of Ombudsman is viewed with great interest, being considered an important public authority. Value: We believe that the role of ombudsman is accentuated by the importance given to it by the public authorities, but also by the degree of the institution’s reception by the public opinion. In this sense, the relations between Ombudsman and the non-governmental organizations are of collaboration, focused, mainly, on two directions: in the field of preventing possible breaches of the citizens’ rights and liberties and in the field of the actual protection of the rights breached.

  18. Requirements of Clinical Journals for Authors' Disclosure of Financial and Non-Financial Conflicts of Interest: A Cross Sectional Study.

    Science.gov (United States)

    Shawwa, Khaled; Kallas, Romy; Koujanian, Serge; Agarwal, Arnav; Neumann, Ignacio; Alexander, Paul; Tikkinen, Kari A O; Guyatt, Gordon; Akl, Elie A

    2016-01-01

    It is unclear how medical journals address authors' financial and non-financial conflict of interest (COI). To assess the policies of clinical journals for disclosure of financial and non-financial COI. Cross sectional study that included both review of public documents as well as a simulation of a manuscript submission for the National Library of Medicine's "core clinical journals". The study did not involve human subjects. Investigators who abstracted the data, reviewed "instructions for authors" on the journal website and, in order to reflect the actual implementation of the COI disclosure policy, simulated the submission of a manuscript. Two individuals working in duplicate and independently to abstract information using a standardized data abstraction form, resolved disagreements by discussion or with the help of a third person. All but one of 117 core clinical journals had a COI policy. All journals required disclosure of financial COI pertaining to the authors and a minority (35%) asked for financial COI disclosure pertaining to the family members or authors' institution (29%). Over half required the disclosure of at least one form of non-financial COI (57%), out of which only two (3%) specifically referred to intellectual COI. Small minorities of journals (17% and 24% respectively) described a potential impact of disclosed COI and of non-disclosure of COI on the editorial process. While financial COI disclosure was well defined by the majority of the journals, many did not have clear policies on disclosure of non-financial COI, disclosure of financial COI of family members and institutions of the authors, and effect of disclosed COI or non-disclosure of COI on editorial policies.

  19. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  20. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  1. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  2. Challenges and difficulties in service to legal requirements applicable to a pipeline works at the Amazon rain forest, Brazil; Os desafios e dificuldades no atendimento aos requisitos legais aplicaveis a uma obra na Amazonia

    Energy Technology Data Exchange (ETDEWEB)

    Freitas, Wanderleia I.P. de [Universidade do Estado do Amazonas (UEA), Manaus, AM (Brazil); Freitas, Jaluza G.M.R. de; Teixeira, Ivan J.L. [Concremat Engenharia e Tecnologia, Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This work brings together the difficulties and results generated in response to Brazilian Environmental Law applicable to a work of pipelines in the Amazon. We are a country that has the most extensive and rich environmental legislation in the world, and Engineering at PETROBRAS, through the Implementation of Enterprise for the North, responsible for the deployment of this pipeline, has ISO 14001:2004 certification, taking as the minimum requirement attending the applicable legal requirements, and serve them in if there are difficulties elsewhere in the country, here in the Amazon it is increased meet the logistical difficulties, the distances from major centres, the needs of technology, information and access to basic resources. This article discusses topics such as: transport of hazardous waste in an environmentally safe way in one of the largest rivers in the world, installing devices sewage treatment in regional boats, and teach the riparian preserve the historic and archaeological findings, these are just examples found. We know that all eyes of the world is impressive return to the Amazon rain forest, and that cross, or rather 'rip' their 383 km of primary forest, virgin land, almost untouched even by the people native of the region, in itself constitutes a great challenge. (author)

  3. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  4. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  5. LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

    Directory of Open Access Journals (Sweden)

    Edina Šehrić

    2016-09-01

    Full Text Available The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.

  6. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

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

  7. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

  8. Improvements related with the safety required by the Argentine Regulatory Authority to the Atucha I Nuclear Central

    International Nuclear Information System (INIS)

    Calvo, J.; Michelin, C.; Navarro, R.; Waldman, R.

    2006-01-01

    The Argentinean Nuclear Regulation Authority (ARN) verified the existence of changes in the state of some internal components of the reactor of the Atucha I Nuclear Power station that, of continuing in the time, it could take to an inconvenient degradation for the safety operation of the installation. In consequence, to the effects of preventing that reach this situation, at the end of 1999, the ARN required to the Responsible Entity for the operation of this power station the implementation of an important improvements program in the internal components of the reactor. Additionally, and based on the results of the Probabilistic Safety analysis, it was added the one mentioned improvements program the implementation of an alternative cooling system of the reactor core denominated Second Drain of Heat, due to it was determined that, for some accidental sequences, their performance would reduce considerably the probability of damage to the core. The concretion of the improvements program implied to the Responsible Entity the realization of an important quantity of engineering studies, tests and specific inspections that allowed to carry out changes on the control bars of the reactor and its guide tubes; the coolant channels; the sensors of neutron flow; and diverse components of the primary and moderator systems. On the other hand also it was implemented the system Second Drain of Heat, what represents a considerable effort to make compatible the instrumentation and control of last generation, with the instrumentation and existent control systems in the power station. Also, it was requested to be carried out an integrity of the pressure recipient for to demonstrate the existence of an acceptable margin for the difference among the acceptable limit temperatures and of ductile/fragile transition of the material for all the possible accidental scenarios during the useful life of the reactor. (Author)

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

    Directory of Open Access Journals (Sweden)

    Marco Antonio Lima

    2016-10-01

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

  10. Legal regulation of home births

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

    Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

  11. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

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

  12. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

    Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

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

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

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

  14. Legal aspects of a nuclear power plant

    International Nuclear Information System (INIS)

    Lukes, R.

    1987-01-01

    According to law the licensing boards can deny the licensing of new plants but in the case of non-compliance with the legal requirements. General safety scruples as a result of the Chernobyl reactor accident do not justify denials. The decommissioning of nuclear power plants cannot be decreed but in accordance with Para. 17, 18 of the Atomic Energy Law. Although the legislator is authorized to change laws, any law providing for the decommissioning of existing plants or providing for the legal basis of the decommissioning of plants would be equivalent to an expropriation and therefore involve damages according to article 14, section 3(2) of the Fundamental Law. (orig./HP) [de

  15. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  16. 42 CFR 57.1511 - Opinion of legal counsel.

    Science.gov (United States)

    2010-10-01

    ... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...

  17. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

    Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

  18. 30 CFR 285.902 - What are the general requirements for decommissioning for facilities authorized under my SAP, COP...

    Science.gov (United States)

    2010-07-01

    ... decommissioning for facilities authorized under my SAP, COP, or GAP? 285.902 Section 285.902 Mineral Resources... SAP, COP, or GAP? (a) Except as otherwise authorized by MMS under § 285.909, within 2 years following... under your SAP, COP, or GAP, you must submit a decommissioning application and receive approval from the...

  19. Key formal and legal aspects of acquiring radiopharmaceuticals used in nuclear medicine departments

    International Nuclear Information System (INIS)

    Kapuscinski, J.

    2007-01-01

    The article presents the key both Polish and EU legal regulation concerning terms and conditions of acquiring radiopharmaceuticals, i.e. isotope labelled compounds used for diagnostic and/ therapeutic purposes in nuclear medicine departments. The emphasis was put on the requirements regarding provision of the medicaments' safety in broad meaning of the term, which are important factors in providing patients' safety. Legal acts discussed in the article remain valid as of May 2007. (author)

  20. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

    The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)

  1. Concept of contracting authority

    OpenAIRE

    Kasiliauskaitė, Vitalija

    2016-01-01

    Concept of Contracting Authority Law on Public Procurement the procurement concept implies the conclusion that public procurement be declared only such purchases are carried out by the contracting authority. The contracting authorities can be a subject of state and municipal management institutes, whose assignment authority is determined by a functional approach. Also, contracting authorities may be public and legal entities, but that the public interest and operates non-commercial activities...

  2. Development of a concept for the environmental risk assessment of biocidal products for authorization purposes. (BIOEXPO) Part 1: Framework and data requirements for environmental compartments

    NARCIS (Netherlands)

    Dokkum, H.P. van; Scholten, M.C.T.; Bakker, D.J.; Jak, R.G.; Bowmer, C.T.

    1998-01-01

    The BIOEXPO project is focussed on test data, required for the authorization of biocidal products. The draft EC Biocidal Products Directive distinguishes between a common core data set (Annex II) and an additional data set, with specific data requirements for biocidal product types (Annex III). The

  3. Interrelation of the concepts «legal influence» and «administrative-legal influence»

    OpenAIRE

    Голуб, Віктор Олександрович

    2014-01-01

    The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

  4. Legal aspects of Blockchain`s technology applicability for registration of intellectual rights

    Directory of Open Access Journals (Sweden)

    Novoselova Lyudmila

    2018-01-01

    Full Text Available This article describes systems of accounting for the results of creative work, reveals possibilities for Blockchain`s technology applicability for providing information about the protected results of intellectual activity and their inclusion in the turnover (commercialization. Legal mechanisms play an important role for successful implementation of the opportunities which form the basis of this technology. It also requires addressing the unjustified legal obstacles for applicability of the technology and, at the same time, deciding which includes the technology into established legal mechanisms. Authors analyze the main issues which may arise when including the results of intellectual activity into accounting systems based on Blockchain technologies.

  5. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de

  6. Author Details

    African Journals Online (AJOL)

    custodial measures: Panacea to recidivism and prison congestion in Nigeria Abstract PDF · Vol 9, No 2 (2018) - Articles Attraction of business and restriction in legal practice in Nigeria and United States: need for globalization via legal education

  7. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  8. One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

    OpenAIRE

    Werner Krawietz

    2014-01-01

    In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

  9. Legal requirements for the quality of herbal substances and herbal preparations for the manufacturing of herbal medicinal products in the European union.

    Science.gov (United States)

    Vlietinck, Arnold; Pieters, Luc; Apers, Sandra

    2009-06-01

    In the European Union (EU) herbal medicinal products have become increasingly important. This is, for instance, underlined by the recent introduction of a simplified procedure in the Member States of the EU allowing the registration of herbal medicinal products which fulfill the criteria of a traditional herbal medicinal product, i.e., sufficient evidence of its medicinal use throughout a period of at least 30 years for products in the EU and at least 15 years within the EU and 15 years elsewhere for products outside the EU. With regard to the manufacturing of these products and their quality, applications of traditional herbal medicinal products have to fulfil the same requirements as applications for a marketing authorization. The quality of herbal substances as well as herbal preparations will be determined by the availability of modern science-based public monographs in the European Pharmacopoeia and their equivalents developed by the pharmaceutical industry. The standards put forward in these monographs must allow us not only to define the quality of these products, but also to eliminate dangerous counterfeit, substandard, adulterated and contaminated (traditional) herbal medicinal products. The usefulness of these monographs to implement the criteria on quality and specifications put forward for these products in the different guidelines of the European Medicines Agency (EMEA) is discussed.

  10. Requirements of health policy and services journals for authors to disclose financial and non-financial conflicts of interest: a cross-sectional study.

    Science.gov (United States)

    Khamis, Assem M; Hakoum, Maram B; Bou-Karroum, Lama; Habib, Joseph R; Ali, Ahmed; Guyatt, Gordon; El-Jardali, Fadi; Akl, Elie A

    2017-09-19

    The requirements of the health policy and services journals for authors to report their financial and non-financial conflicts of interest (COI) are unclear. The present article aims to assess the requirements of health policy and services journals for authors to disclose their financial and non-financial COIs. This is a cross-sectional study of journals listed by the Web of Science under the category of 'Health Policy and Services'. We reviewed the 'Instructions for Authors' on the journals' websites and then simulated the submission of a manuscript to obtain any additional relevant information made available during that step. We abstracted data in duplicate and independently using a standardised form. Out of 72 eligible journals, 67 (93%) had a COI policy. A minority of policies described how the disclosed COIs of authors would impact the editorial process (34%). None of the policies had clear-cut criteria for rejection based on the content of the disclosure. Approximately a fifth of policies (21%) explicitly stated that inaccurate or incomplete disclosures might lead to manuscript rejection or retraction. No policy described whether the journal would verify the accuracy or completeness of authors' disclosed COIs. Most journals' policies (93%) required the disclosure of at least one form of financial COI. While the majority asked for specification of source of payment (71%), a minority asked for the amount (18%). Overall, 81% of policies explicitly required disclosure of non-financial COIs. A majority of health policy and services journal policies required the disclosure of authors' financial and non-financial COIs, but few required details on disclosed COIs. Health policy journals should provide specific definitions and instructions for disclosing non-financial COIs. A framework providing clear typology and operational definitions of the different types of COIs will facilitate both their disclosure by authors and reviewers and their assessment and management by

  11. Procedural violation in the licensing procedure and possible legal consequences; Verfahrensmaengel im Konzessionierungsverfahren und etwaige Rechtsfolgen

    Energy Technology Data Exchange (ETDEWEB)

    Meyer-Hetling, Astrid; Probst, Matthias Ernst; Wolkenhauer, Soeren [Kanzlei Becker Buettner Held (BBH), Berlin (Germany)

    2012-07-15

    With respect to paragraph 46 sect. 2 to 4 EnWG (Energy Economy Law) communities are required to provide a publication procedure and competition procedure ('licensing procedure') for the new assignment of easement agreements for the establishment of local power supply systems and natural gas supply systems. The specific design of the selection process legally is regulated only rudimentary. Nevertheless old concessionaires increasingly deny the statutory grid transfer to the new concessionaires relying on supposed errors in the selection process. The unclear legal situation and the inconsistent, sometimes unreasonably strict jurisdiction and jurisprudence of antitrust as well as regulatory authorities resulted to a considerable legal certainty in communities and grid operators. Unless the legislature establishes the necessary legal clarity, the competent courts and authorities are invoked to act moderately in the examination of licensing procedures.

  12. Legal and methodological bases of comprehensive forensic enquiry of pornography

    Directory of Open Access Journals (Sweden)

    Berdnikov D.V.

    2016-03-01

    Full Text Available The article gives an analysis of the legal definition of pornography. The author identified descriptive and target criteria groups which are required for the analysis and analyses the content of descriptive criteria of pornography and the way how they should be documented. Fixing attention to the anatomical and physiological characteristics of the sexual relations is determine as necessary target criterion. It is noted that the term "pornography" is a legal and cannot be subject of expertise. That is why author underlined some methodological basis of complex psycho-linguistic and psycho-art expertise. The article presents general issue depends on expert conclusion and studies cases where the research is necessary to involve doctors, as well as criteria for expert's opinion. Besides that, author defined subject, object and main tasks of psychological studies of pornographic information.

  13. Ad interim legal remedy in case of large projects

    International Nuclear Information System (INIS)

    Limberger, J.

    1985-01-01

    Action for ad interim judicial relief in response to large projects approved of by the authorities very frequently take several years until a decision is taken by the court. Experience has shown that this applies in particular to large projects such as the construction of nuclear power plants, large-size industrial plants, or airports. It has become regular practice by the authorities concerned to issue an order for immediate execution upon the plan approving decision and granting of licence for said projects, in accordance with section 80, sub-section (2), no.4 of the VwGO. The problems thus created with regard to interim legal remedy sought by the parties concerned are of great significance. The book in hand discusses the question as to whether the practice of the administrative authorities and the courts satisfies the requirements embodied in the law, to provide for efficient legal protection. (orig./HSCH) [de

  14. Legal identity as spiritual constituent of sense of justice

    Directory of Open Access Journals (Sweden)

    Y. S. Kravtsov

    2015-03-01

    Full Text Available The modern social and cultural situation of modern man requires mobility and adequate response to the requirements of modern society, and put it in front of the need to revise the traditional goals and targets. The authors show that it is not a system of knowledge and skills in itself, but a set of core competencies in modern intellectual, social, legal, communication, information sphere should be the main result of the process of formation of legal consciousness of modern man. In identifying the identification own life trajectory, gaining experience of independent activity and personal responsibility law today a special place. The authors emphasize that the position of acting, its identity is defined situation in the legal space. From its goals, values, personal preferences affect the choice of a particular mode of action. Familiarity with the legal situation as a choice situation, analysis of the position and actions of the person who is the subject of them, it is the spiritual content of justice, and creates conditions for personal self­determination ­ to find an answer to the question «Who am I, what do I want?»

  15. Ethical and legal challenges associated with disaster nursing.

    Science.gov (United States)

    Aliakbari, Fatemeh; Hammad, Karen; Bahrami, Masoud; Aein, Fereshteh

    2015-06-01

    In disaster situations, nurses may face new and unfamiliar ethical and legal challenges not common in their everyday practice. The aim of this study was to explore Iranian nurses' experience of disaster response and their perception of the competencies required by nurses in this environment. This article discusses the findings of a descriptive study conducted in Iran in 2012. This research was conducted in Iran in 2012. Participants included 35 nurses who had experience in healthcare delivery following a disaster event in the past 10 years, either in a hospital or out-of-hospital context. This research study was approved by the Ethics Committee of the Isfahan University of Medical Sciences. From this study, five themes emerged as areas that nurses require competence in to work effectively in the disaster setting. This article focusses on one theme, the ethical and legal issues that arise during disaster response. Within the theme of ethical and legal issues, two sub-themes emerged. (1) Professional ethics explores professional responsibility of nurses as well as sense of ethical obligation. (2) Adherence to law refers to nurses' familiarity with and observation of legal requirements. This article adds to a growing pool of literature which explores the role of nurses in disasters. The findings of this study emphasize the need for nurses working in the disaster setting to be aware of professional responsibilities and familiar with legal requirements and the challenges related to observing ethical responsibilities. In highlighting these issues, this article may provide a useful starting point for the development of an educational framework for preparing nurses and other health professionals to work in the disaster setting. © The Author(s) 2014.

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

    International Nuclear Information System (INIS)

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

    2002-01-01

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

  17. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

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

  18. Review. Teaching Legal and Administrative Science Nadia-Cerasela Anitei and Roxana Alina Petraru

    OpenAIRE

    Doina Mihaela POPA

    2011-01-01

    The work Didactica predarii stiintelor juridice si administrative (Teaching Legal and Administrative Science) authors Nadia- Cerasela Anitei and Roxana Alina Petraru is structured around the following 10 lessons: 1. General notions about teaching legal science, 2. Teaching legal science, 3. Learning with application in legal science, 4. Legal science teaching aims, 5. Education curriculum for teaching legal science, 6. Learning Methods 7. Educational assessment with applications for legal sci...

  19. Legal framework for a radiation safety infrastructure

    International Nuclear Information System (INIS)

    Bilbao, A.A.

    2000-01-01

    In this lecture the legal framework for a radiation safety infrastructure are presented. The objective of this lecture are: Legal framework; Regulatory programme; Role of Regulatory Authority in emergency situations; Assessment of the effectiveness of the regulatory programme; Cost effectiveness of the regulatory framework; and Priority actions

  20. Death with Dignity: A Tripartite Legal Response

    Science.gov (United States)

    Leblang, Theodore Raymond

    1978-01-01

    This article provides a descriptive overview of the legal problems that attend medical treatment of the terminally ill patient as well as a careful analysis of the legal vehicles that have been offered in response to these problems--the living will, the antidysthanasia contract, and right to die legislation. (Author)

  1. Suretyship in Serbian and comparative legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan

    2014-01-01

    Full Text Available The author has compared the institute of suretyship in Serbian law and other comparative legal systems, both continental and common-law. With the development of economy, these instruments of creditor's protection in the contractual relationship have gained full promotion. The analysis of the similarities and differences in the treatment of suretyship implies a relationship between the European legal systems.

  2. Aspek Legal Penguasaan Hutan oleh Mukim

    Directory of Open Access Journals (Sweden)

    Husin Taqwaddin

    2010-04-01

    Full Text Available ABSTRACT: Mukim is one of the unique structure in Governance of Aceh, in which it is federation from several Gampong (village which exist since Islam Religious lesson came to Aceh region. Therefore Mukim has long path story, it resulted authority and authority of Mukim in the past has already sufficient known and obeyed by the people who stayed in the Mukim area.  Mukim has authority toward all of its territory, in the land and also in the sea. In the lagal aspect, Mukim since past until nowadays has the power basis or legal jurisdiction toward the Forrest in each Mukim area. The forrest exist in the Mukim area measured by the requirement go and back for a day, it is understood by the Mukim community as Uteun Mukim in which it is also called as rights of Kullah (Uteun Potallah. So terminology of Uteun Mukim is equivalent with Customary Forrest (hutan adat in the Indonesia’s of national law.  In the managerial aspect, in the Forrest management affair, the roles and responsibilities in the Mukim area are led by the customary chief of Forrest (Panglima Uteun or Pawang Glee. The management and using of the customary forest of Mukim almost always has coordination Imuem Mukim with Pawang Glee and also Petua Seunebok.   Legal Aspect of the Forest Management by Mukim

  3. Legal framework of the environmental regulatory regime

    International Nuclear Information System (INIS)

    Black, D.

    1992-01-01

    The growing concern regarding environmental issues has presented a number of new challenges to those exploring and developing the hydrocarbon reserves located on the Newfoundland continental shelf. Not the least of these challenges is the development of new technologies in the harsh environment of the North Atlantic; in addition, these new technologies must be implemented in an existing and ever-changing regulatory regime. The legal framework of the environmental regulatory regime relating to offshore development in Canada is reviewed along with some of the more important legislation involved in regulating environmental issues in the offshore area. The legal basis for exploration, development, and management of resources located on the Newfoundland continental shelf is the Canada-Newfoundland Accord on Joint Management of Offshore Oil and Gas Resources off Newfoundland and Labrador. Administration of the Accord is the responsibility of the Canada-Newfoundland Offshore Petroleum Board. To be able to apply Canadian laws to the continental shelf, legislation was passed including the Canadian Laws Offshore Application Act as well as the Act implementing the Accord. The latter gives the Offshore Petroleum Board authority to regulate all stages involved in bringing an oil pool to production, such as granting of licenses and work authorizations. Granting of such licenses and authorizations is subject to compliance with environmental requirements, and there are provisions against certain environmental offenses such as spills. Other federal legislation applicable to the offshore includes the Canada Shipping Act and the Canadian Environmental Protection Act

  4. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

    Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

  5. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

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

  6. University digital repositories and authors.

    Directory of Open Access Journals (Sweden)

    Alice Keefer

    2008-02-01

    Full Text Available The Open Access movement offers two strategies for making scientific information available without economic, technical or legal obstacles: the publication of articles in OA journals and the deposit by authors of their Works in stable institutional or discipline-based repositories. This article explores the implementation of the second “route” on the part of authors, because it is the strategy that offers the greatest possibility of attaining OA in the short term. However, it does require repositories to exert great effort in informing the authors of the advantages of self-archiving and of the procedures for depositing their work and, even helping them to do so – through services and promotional activities.

  7. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

    Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

  8. Qualification, training, licensing/authorization and retraining of operating personnel in nuclear power plants. Some requirements and practices commonly shared in the European Community Member States

    International Nuclear Information System (INIS)

    Pele, J.P.

    1987-01-01

    At the end of the fifties a treaty was signed instituting between six countries of the European Community for Atomic Energy, or in brief, Euratom. This treaty, in addition to the Common Market Treaty and the Coal and Steel one, constitutes the legal frame of the European Community which, at present, comprises 12 Member States. A commission, the so-called Commission of the European Communities (or in brief CEC) has to implement the provisions laid down in the treaties. Qualification, training, licensing and re-training of operating personnel have been the subjects of an in-depth exchange of views and information in the frame of the work conducted by the Commission. The evaluation of the regulations and practices in countries of the EC and some other countries having a large nuclear energy program, has led to the identification of some generally valid concepts. This synthesis, made with the assistance of a consultant, is now published under the form of an EUR report (EUR 10981). The main topics addressed within this report are the following: shift staffing and staffing of the control room, personnel selection, qualifications necessary for recruitment, training and retraining, and licensing/authorization

  9. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    have been used in the research. The author have used a comparative method to investigate the EU cybersecurity strategy as well a, Lithuanian and foreign situations. The empirical analysis of legal documents was used to determine the legal regulation of the cybersecurity in Lithuania. In addition, Legal acts of the Republic of Lithuania have been analyzed. Having analyzed the official documents, the method allows identifying and describing the relationship between the valid legal regulations accurately. Using literature resources, the author has used the deductive method which allows drawing sufficiently reliable conclusions.

  10. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

    Clearwater, S.W.; Scanlon, J.M.

    1991-01-01

    Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations

  11. Legal issues associated with preparing for a nuclear energy programme

    International Nuclear Information System (INIS)

    Pelzer, N.

    2009-01-01

    Developing and implementing a national programme for the civilian use of nuclear energy means embarking on the use of a Janus-faced form of energy. We all know that nuclear energy implies both extraordinary benefits and extraordinary risks. This fact requires a legal framework appropriate to cope with both elements of nuclear power. Legislators and State authorities have to establish a sound balance between risks and benefits. That is not at all an easy task. While excluding or limiting risks requires severe legal control mechanisms, the benefits can only fully be enjoyed if the legal framework ensures freedom of research and of economic and industrial development including the guarantee of property ownership and of investments. Combining both opposite poles seems like trying to square the circle. In case of a conflict between promotion and protection, there is no doubt that the protection against nuclear risks has to prevail. Therefore this aspect of nuclear law will be mainly dealt with in this presentation. Establishing a legal framework to tame the hazards of nuclear energy is a much more challenging task for law-makers than providing a legal basis for promoting the use of nuclear energy. With regard to the promotion of nuclear energy, States enjoy a broad range of discretion and may use a great number of legal and non-legal instruments to support the development of a nuclear programme. From a legal point of view, promoting nuclear energy does not require a specific regime. However, it does require a specific regime to control the risks of nuclear energy. States preparing for a nuclear energy programme have to be aware that the use of nuclear energy is not an exclusively national matter. In particular the risk associated with nuclear energy extends beyond national borders. Using the benefits also needs international cooperation in many fields including, e.g., research or fuel supply. Today a network of multilateral and bilateral international treaties exists

  12. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

    For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

  13. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

  14. Implementation of self-sustaining GA/GC system in Turkish Atomic Energy Authority accordance to Internationally harmonized requirements

    International Nuclear Information System (INIS)

    Arikan, P.; Acar, O.; Acar, R.; Aycik, G.A.; Cetiner, M.A.; Demirel, H.; Efe, N.; Golge,; Gurellier, R.; Kirmaz, R.; Tulumen, S.; Yucel, H.; Zararsiz, A.; Agus, Y.; Ekinci, S.

    2002-01-01

    In trade, health, safety and environmental protection, users of a laboratory's analytical services are more and more in need of proof of the reliability and credibility of results using internationally accepted standards. The model project of International Atomic Energy Agency (IAEA) is coded RER/2/004 and entitled Quality Control (QC) and Quality Assurance (QA) for Nuclear Analytical Techniques had been approved in 1999 for a period of two years aiming at the implementation of a comprehensive QA/QC protocol in nuclear analytical laboratories (NALs) of Member States following the ISO 17025 quid. Member States are Turkey, Slovakia, Slovenia, Romania, Poland, Latvia, Hungary,Estonia, Croatia, Belarus, Armenia and Agency's Laboratory Seibersdorf which made appropriate staff and facilities available for full participation in the project. In this summary, major goals of participation in the project, core stones of implementation in NALs (gamma, X-rays and alpha/beta), establishing the quality system, improvements of technical and management requirements as well as achievements and difficulties during two year program were discussed in detail. Progress of the nuclear analytical laboratories was monitored by IAEA staff using a concise scorning system that was applied to the submitted progress reports and the audit reviews. Two proficiency tests were applied to evaluate the technical competence of the laboratories by selected radionuclides of environmental importance. The main objective of the exercise were to validate the accuracy and precision of the measurements and to provide feedback to the participants on the performance of methods. PT sample results on gamma and alpha/beta measurements of NALs in center are compatible. It is expected that the reasonable progress gained in this project, will reflect as inching towards accreditation of NALs in near future.In addition to NALs of Centers in Ankara and Istanbul individual IAEA TC project for advanced nondestructive

  15. An Assessment of Iranian Journals guide for authors

    Directory of Open Access Journals (Sweden)

    Javad abbaspour

    2016-06-01

    Full Text Available One indicator to assess the journals in international studies is the quality of guide for authors. The aim of this study is to determine the quality of guide for authors in Iranian journals.The population consisted of 755 Persian journals approved by Ministry of Science, Research and Technology in March 2013. Using a checklist, authors reviewed separately the content of guide for authors of 501 journals that provided access to their guide for authors through the web.according to the results, a total of 40% of the observed items were met. In addition, of the four studied sections, including generalities, legal and ethical issues, article structure and appearance, legal and ethical issues (18% and appearance (56% had the worst and best status respectively. In terms of the severity of problems, "violation of individuals or group rights"," how to write abbreviations and acronyms", "accepting journal requirements and laws", and "writing manuals used by authors" had the highest severity rankings.

  16. The Legal Case

    NARCIS (Netherlands)

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

    2013-01-01

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

  17. 10 CFR 719.10 - What information must be included in the legal management plan?

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false What information must be included in the legal management plan? 719.10 Section 719.10 Energy DEPARTMENT OF ENERGY CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS Legal Management Plan § 719.10 What information must be included in the legal management plan? The legal management...

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

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2014-01-01

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

  19. Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

    Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

  20. Electrons without borders: legal issues in exporting power

    International Nuclear Information System (INIS)

    Atcheson, Aaron

    2011-01-01

    Miller Thomson LLP provides a range of personal and business law legal services to a variety of projects, particularly those involving renewable energy generation. This paper discusses the legal issues the company has faced in exporting power. There are three ways to export electricity, sale of environmental attributes/carbon credits across borders, via existing transmission facilities and via new transmission facilities. Authorizations by the relevant provincial entity are required to export via the existing transmission. To export power across into the US, permission is needed from both the National Energy Board (NEB) and from the US authorities. The history and the process of obtaining this permission through the NEB are discussed in detail. The approvals and considerations necessary to transport power through new transmission facilities and sale of environmental attributes are given in detail. The paper concludes that a special project is needed with unique opportunities to make the export of power the destination for all production.

  1. Legal and Ethical Implications of Working with Minors in Alabama: Consent and Confidentiality

    Science.gov (United States)

    Keim, Michael A.; Cobia, Debra

    2010-01-01

    Until recently, there has been little guidance in the professional literature with respect to counseling minors outside of the school setting. Although most authors suggest referring to state statutes for legal limits of counseling practice, little research exists describing these requirements in Alabama. The purpose of this literature and…

  2. The Canadian Nuclear Safety Commission's financial guarantee requirements

    International Nuclear Information System (INIS)

    Ferch, R.

    2006-01-01

    The Nuclear Safety and Control Act gives the Canadian Nuclear Safety Commission (CNSC) the legal authority to require licensees to provide financial guarantees in order to meet the purposes of the Act. CNSC policy and guidance with regard to financial guarantees is outlined, and the current status of financial guarantee requirements as applied to various CNSC licensees is described. (author)

  3. Author Details

    African Journals Online (AJOL)

    Okeke, GN. Vol 2 (2011) - Articles Fundamental Objectives and Directives Principles of State Policy: A Viable Anti-Corruption Tool in Nigeria Abstract PDF · Vol 2 (2011) - Articles A Legal Approach to Combating Terrorism: Modern Dimension Abstract PDF · Vol 1 (2010) - Articles Judicial precedent in the Nigerian legal ...

  4. Author Details

    African Journals Online (AJOL)

    Ubani, EC. Vol 3, No 1 (2008) - Articles Network-Based Material Requirements Planning (NBMRP) in Product Development Project Abstract PDF · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use ...

  5. Author Details

    African Journals Online (AJOL)

    MacDonald, D. Vol 25, No 3 (2013) - Articles A review of cricket Fielding requirements. Abstract PDF. ISSN: 2078-516X. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL · News.

  6. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  7. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

  8. Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy

    Directory of Open Access Journals (Sweden)

    Matulewska Aleksandra

    2016-06-01

    Full Text Available The author intends to present a possibility of parametrising legal terminology in order to reveal semantic and systemic relations at the intralingual and interlingual levels. The scope of the research comprises selected legal terminology from the following legal systems: Polish, British, American and European Union. The research methods used include: (i the analysis of comparable texts, (ii the method of parametrisation of the legal linguistic reality, (iii the concept of adjusting translation to the communicative needs and requirements of the recipient community. The research hypothesis is that parametrisation of legal terminology in respect of semantic and systemic relations may be a useful tool in organising and comparing terminology for the purpose of legal translation. First the relation of synonymy binding terms at the intralingual and interlingual levels in the light of systemic and genre-related relations is discussed. The proposal is illustrated with examples of legal terms and the networks of relations binding them in English and Polish. The conclusions are that such an approach is systematic and provides a translator with information necessary to render communicatively efficient translations.

  9. Chernobyl and no legal consequences

    International Nuclear Information System (INIS)

    Sterzel, D.

    1987-01-01

    The author is doubtful about the judgement of the Superior Administrative Court Lueneburg of October 28, 1986 relating to the nuclear power plant of Brokdorf. Fundamental rights of citizens who live in the vicinity of a nuclear power plant are not guaranteed. The protection of life according to article 2 of the German Constitution should have priority over legal protection of atomic power plants pursuant to art. 14 of the Constitution. (CW) [de

  10. The non-appearance of the selection procedure and possibilities of legal protection of the unsuccessful bidder; Das Ausbleiben des Auswahlverfahrens und Rechtsschutzmoeglichkeiten des unterlegenen Bieters

    Energy Technology Data Exchange (ETDEWEB)

    Meyer-Hetling, Astrid; Templin, Wolf [Kanzlei Becker Buettner Held, Berlin (Germany)

    2012-02-15

    A violation of the municipality against the relevant guidelines for awarding concessions may have legal consequences, in particular in terms of a already completed selection process. The authors of the contribution under consideration focus on the complete absence of an concession legal selection process. First of all, the energy legal, competition legal and European legal requirements and bids are presented against which the franchising community violated. Subsequently, the authors examine the question of whether this violation immediately results in the nullity of the concession contract, as well as the question of the claims of the company not taken into account against the municipality. Furthermore, the procedural and antitrust tools are presented for the non-considered companies.

  11. 30 CFR 41.20 - Legal identity report.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification of...

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

    African Journals Online (AJOL)

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

  13. Features of legal mechanism environmental responsibility of citizens in Ukraine

    Directory of Open Access Journals (Sweden)

    О. О. Шинкарьов

    2015-05-01

    assigned by the Constitution and the current environmental legislation; 2 the ability to voluntarily adhere to legal prohibitions; 3 in good faith execute obligations in living activities. Paper objective. The main forms of implementing the environmental responsibilities by  citizens are analyzed; the factors influencing them are defined. It was studied general theoretical understanding of the stages, as well as forms of the implementation of rules of law. Traditionally among the last there are: compliance and execution. A special form of implementation is application. Whereas the compliance - is the first and foremost (universal form by which all subjects of public relations execute their obligations (both active and passive. The implementation of environmental responsibilities of citizens in the form of the compliance is a good behavior, which is characterized by passive confinement of persons (or inaction on the infringement of the rules and bars which are set by regulations of the environmental       legislation.  The execution is expressed in commission of  actions provided  for by law by the subject. This is implementation of binding rules, however, the responsibilities are contained not only in the regulatory legal acts, but also in the contracts and individual documents. The application as a special form of the law implementation differs from the compliance and the execution that it is carried out by non-citizens, but only by those public authorities that are entitled to do so by law. The application of the law - it is an action of qualified government authorities or local authorities, which by law is delegated the right to apply ecological and legal regulations in order to implement the relevant environmental requirements, rules and prohibitions and they are provided if necessary (in case of violation mechanism of state coercion. Paper main body. It is noted that the legal arrangement for implementing environmental responsibilities is to be in: a the

  14. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)

  15. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  16. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

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

  17. Author Details

    African Journals Online (AJOL)

    custodial measures: Panacea to recidivism and prison congestion in Nigeria Abstract PDF · Vol 6 (2015) - Articles The legal regime for the protection of asylum seekers and refugees: An overview of the Geneva Convention 1951. Abstract PDF.

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

    International Nuclear Information System (INIS)

    Geulen, R.

    1980-01-01

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

  19. [Legal and illegal abortion in Switzerland].

    Science.gov (United States)

    Stamm, H

    1970-01-01

    Aspects of legal and illegal abortion in Switzerland are discussed. About 110,000 births, 25,000 therapeutic abortions (75% for psychiatric indications) and an estimated 50,000 illegal abortions occur annually in Switzerland. Although the mortality and morbidity of therapeutic aborti on are similar to those of normal births (1.4 per 1000 and 11%, respectively) the mortality and morbidity of criminal abortions are far greater (3 per 1000 and 73%, respectively). In the author's view, too strict an interpretatiok of Swiss abortion law (which permits abortion to avoid serious harm to the mother's health) does not take into account the severe and lasting emotional and psychological damage which may be caused by unwanted pregnancy, birth, and childraising. In the present social situation, the social and psychological support required by these women is not available; until it is, abortion is to be preferred.

  20. International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    Moore, G.M.

    2010-01-01

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

  1. Interprofessional Medical-Legal Education of Medical Students: Assessing the Benefits for Addressing Social Determinants of Health.

    Science.gov (United States)

    Pettignano, Robert; Bliss, Lisa; McLaren, Susan; Caley, Sylvia

    2017-09-01

    Screening tools exist to help identify patient issues related to social determinants of health (SDH), but solutions to many of these problems remain elusive to health care providers as they require legal solutions. Interprofessional medical-legal education is essential to optimizing health care delivery. In 2011, the authors implemented a four-session didactic interprofessional curriculum on medical-legal practice for third-year medical students at Morehouse School of Medicine. This program, also attended by law students, focused on interprofessional collaboration to address client/patient SDH issues and health-harming legal needs. In 2011-2014, the medical students participated in pre- and postintervention surveys designed to determine their awareness of SDH's impact on health as well as their attitudes toward screening for SDH issues and incorporating resources, including a legal resource, to address them. Mean ratings were compared between pre- and postintervention respondent cohorts using independent-sample t tests. Of the 222 medical students who participated in the program, 102 (46%) completed the preintervention survey and 100 (45%) completed the postintervention survey. Postintervention survey results indicated that students self-reported an increased likelihood to screen patients for SDH issues and an increased likelihood to refer patients to a legal resource (P education into undergraduate medical education may result in an increased likelihood to screen patients for SDH and to refer patients with legal needs to a legal resource. In the future, an additional evaluation to assess the curriculum's long-term impact will be administered prior to graduation.

  2. Legal protection in French environmental law

    International Nuclear Information System (INIS)

    Fromont, M.

    1983-01-01

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

  3. CONSIDERATIONS REGARDING THE INTERPRETATION OF LEGAL NORM

    Directory of Open Access Journals (Sweden)

    Camelia IGNĂTESCU

    2013-12-01

    Full Text Available The legal norm represents an intellectual creation of the legislator. It is expressed in legal language, according to certain rules of preparation, respecting the grammar rules specific to the language in which it is drawn up, as well as the legislative technique. The final result, thought out and wanted by the author, must be understood in direct relation to his intention. Interpretation of the law concerns the particular significance of the general form and the cognitive value of the information, of grammatical construction that expresses the legal norm.

  4. Modern Questions Of The Legal Philosophy

    Directory of Open Access Journals (Sweden)

    Gennadiy A. Torgashev

    2014-06-01

    Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

  5. [Marketability of food supplements - criteria for the legal assessment].

    Science.gov (United States)

    Breitweg-Lehmann, Evelyn

    2017-03-01

    To be placed on the market legally, food supplements have to meet national and European food law regulations. This is true for all substances used as well as for the labeling on the packaging of and the advertising for food supplements. The food business operator is responsible for its compliance with all regulations. Therefore, in this article, a concise step-by-step assessment is presented, covering all necessary legal requirements to market food supplements. Additionally, all steps are visualized in a flow chart. All vitamins, minerals and other substances used have to meet the legal conditions. Food business operators have to make sure that their products do not contain medicinal ingredients based on their pharmacologic effect. It is prohibited to place medicinal products as food supplements on the market. Furthermore, food business operators have to make sure that their products are not non-authorized novel foods according to the novel food regulation (EC) no. 258/97. Also, food supplements have to meet the requirements of article 14 of Regulation (EC) No. 178/2002 concerning the safety of foodstuff. Food shall not be placed on the market if it is unsafe. For food supplements that fail the German food-related legal standards but are legally manufactured in another EU member state or are legally put into circulation, the importer requires the so-called general disposition, which must be applied for at the BVL according to § 54 of the German Food and Feed Act. Another possibility for food which fails to meet German food law is to apply for a certificate of exemption according to § 68 of the Food and Feed Act. The food business operator has to meet the harmonized regulations concerning maximum and minimum levels of additives, flavors and enzymes. The packaging has to meet the compulsory labeling as well the voluntary labeling, like health claims. The BVL is also the relevant authority for other tasks concerning food supplements. A figure shows all

  6. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  7. The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

    Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

  8. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

    Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.

  9. Legal framework of the Radiation Protection in Guatemala

    International Nuclear Information System (INIS)

    Freire, Diana

    2002-01-01

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

  10. Transforming the Legal Studies Classroom: Clickers and Engagement

    Science.gov (United States)

    Park, Susan; Farag, Denise

    2015-01-01

    In this article the authors address the use of a personal response system ("clickers") in legal studies courses. As legal studies professors, the authors both found that the use of clickers transformed their classrooms--both professors and students are more engaged in the material and in the process of teaching and learning. Building off…

  11. Legal, administrative and financial aspects of long term management of radioactive waste

    International Nuclear Information System (INIS)

    Strohl, Pierre.

    1978-01-01

    Radioactive waste management raises technical, political and legal problems. The technical question covers mainly choice of the method and the location for waste disposal or storage: seabed, geologic formations or a disposal facility. The political problem is mainly acceptability by the public of decisions taken or planned by the competent authority. Finally, the legal frame is an important factor in the definition of long-term control. The institutional system to be created requires political consensus and an efficient and credible technique so as to be successful. (NEA) [fr

  12. [Patients unable to give consent and without a power of attorney or legal guardian in the geriatric department].

    Science.gov (United States)

    Schuler, M

    2011-10-01

    The importance of powers of attorney and legal guardians for patients in hospitals who are unable to make decisions for themselves is growing. Without an authorized person in these cases, treatment and discharge are more difficult. The goal of this study was to describe the problem from the point of view of an acute geriatric department and discuss the problems with respect to duration and expense of hospitalization. In addition, an attempt was undertaken to improve cooperation with the legal authorities in order to reduce the time required to process the request for the appointment of a legal guardian. A total of 24 consecutive patients appointed a legal guardian during their hospitalization were compared with 25 patients after the intervention. Of all patients treated in 2008, 2.1% needed an application for an appointed legal guardian (4.6% in 2009). These patients were more seriously ill and treated longer in the hospital compared to all patients. The intervention reduced the length of stay on average by 2.8 days. Independent risk factors for longer treatment were more seriously ill patients and later submission of the application after admittance to the hospital. For patients above the maximum length of stay, the move to a nursing home and the need of a professional legal guardian prolonged significantly the hospital treatment compared to those below the maximum length of stay. The data demonstrate that the German DRG system does not sufficiently consider the difficult management caused by patients without the ability to give consent to treatment and without a valid power of attorney. The time required until a professional legal guardian is appointed is too long for patients in a hospital. The necessity of a power of attorney has to be promoted more intensely to the public. Currently, the only two ways to minimize the problem is to identify the patients without, but needing a power of attorney as quickly as possible and to remain in close contact with the legal

  13. The Terri Schiavo case: legal, ethical, and medical perspectives.

    Science.gov (United States)

    Perry, Joshua E; Churchill, Larry R; Kirshner, Howard S

    2005-11-15

    Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care. First, the authors review the current medical understanding of persistent vegetative state, including the requirements for patient examination, the differential diagnosis, and the practice guidelines of the American Academy of Neurology regarding artificial nutrition and hydration for patients with this diagnosis. Second, they examine the legal history, including the 2000 trial, the 2002 evidentiary hearing, and the subsequent appeals. The authors argue that the law did not fail Terri Schiavo, but produced the highest-quality evidence and provided the most judicial review of any end-of-life guardianship case in U.S. history. Third, they review alternative ethical frameworks for understanding the Terri Schiavo case and contend that the principle of respect for autonomy is paramount in this case and in similar cases. Far from being unusual, the manner in which Terri Schiavo's case was reviewed and the basis for the decision reflect a broad medical, legal, and ethical consensus. Greater clarity regarding the persistent vegetative state, less apprehension of the presumed mysteries of legal proceedings, and greater appreciation of the ethical principles at work are the chief benefits obtained from studying this provocative case.

  14. Development of legal environment for Rosatom Corporation

    International Nuclear Information System (INIS)

    El'fimova, T.L.

    2012-01-01

    The scope of legal and regulatory work within the Corporation Rosatom is characterized with the large number of legal acts that have been developed and adopted under the initiative of the Corporation Rosatom that aim to address objectives associated with the advancement of the nuclear energy of Russia. The rapidly expanding industry requires their continuous development and improvement. The tasks and problems of legislation pertaining to use of nuclear energy and safety regulation are discussed in the paper [ru

  15. " Canvas " and the Legal Business Model

    OpenAIRE

    Frederico de Andrade Gabrich

    2016-01-01

    There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...

  16. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing.

  17. Formal and Legal Aspects of Buying and Commissioning Flats

    Science.gov (United States)

    Dubas, Sebastian; Nowotarski, Piotr; Milwicz, Roman

    2017-10-01

    Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer’s fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.

  18. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

    Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they

  19. 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

  20. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

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

  1. Legal framework for a nuclear program

    International Nuclear Information System (INIS)

    Santos, A. de los; Corretjer, L.

    1977-01-01

    Introduction of a nuclear program requires the establishment of an adequate legal framework as solutions to the problems posed by the use of nuclear energy are not included in Common Law. As far as Spain is concerned, legislation is capable of dealing with the main problems posed in this field. Spain is a Contracting Party in several International Conventions and participates in International Organizations related to this area and takes their recommendations into account when revising its national legislation. Specific Spanish legislation is constituted by Law 25/1964, of April 29th, on Nuclear Energy, which outlines the legal system regarding nuclear energy, and regulates all aspects which refer to same, from the competent organisms and authorities to the sanctions to be imposed for non-fulfilment of the provisions. In order to offer sufficient flexibility, so that it can be adapted to specific circumstances, the Law's provisions are very ample and development is foreseen by means of regulations. So far, two Regulations have been published: Regulation relating to Coverage of Risk of Nuclear Damage, which refers to Civil Responsibility and its Coverage; and Regulation relating to Nuclear and Radioactive Installations, which refers to the authorization and license system. At the present time, the Regulation relating to Radiation Protection is being elaborated and it will replace the present Radiation Protection Ordinances. In addition to the foregoing, reference is made to others which, although they are not specifically ''nuclear'', they include precepts related to this question, such as the Regulation regarding Nuisance, Unhealthy or Dangerous Industries or some Labor Law provisions [es

  2. Requirements applied in Cuba to the transport of radioactive materials

    International Nuclear Information System (INIS)

    Ouevedo Garcia, J.R.; Lopez Forteza, Y.

    1998-01-01

    The objective of this paper is to comment the supplementary requirements imposed by the Competent Authority to the operations of the main importing/delivering enterprise of unsealed sources for approvals and administration since the establishment, in 1987, of the legal framework on transport of radioactive materials. The paper summarizes the achieved results in this field in over 11 years operation. (author)

  3. Legal positions of the Constitutional Court of Ukraine: main signs and definition

    Directory of Open Access Journals (Sweden)

    Romana Reva

    2016-04-01

    the Constitutional Court of Ukraine, the legal positions have a feature of the relative finality. Basing on the research results, by the author there is offered the following definition. The legal positions of the Constitutional Court of Ukraine are legal conclusions of the Court due to the interpretation of the Constitution of Ukraine and/ or provisions of laws and other regulations within its competence, which remove the constitutional and legal uncertainty, which have general character, particular legal force and which is the legal basis for a final decision, set in the Court act. The author concludes that the most reasonable approach is to formulate the definition of the legal positions of the Constitutional Court of Ukraine on the basis of objective main features of this phenomenon. Its further separate detailed study requires the issue of validity of the legal positions of the Constitutional Court of Ukraine.

  4. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

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

  5. Author Details

    African Journals Online (AJOL)

    Osiruemu, E. Vol 3, No 2 (2005) - Articles The Legality Of Deregulating The Downstream Sector Of The Nigeria Oil Industry Abstract · Vol 3, No 1 (2005) - Articles Poverty Of Parents And Child Labour In Benin City: A Preliminary Account Of Its Nature And Implications Abstract. ISSN: 1596-8308. AJOL African Journals Online.

  6. Author Details

    African Journals Online (AJOL)

    Anyogu, Felicia. Vol 6 (2015) - Articles A critical examination of the impact of armed conflict on children: A case study of Uganda Abstract PDF · Vol 4 (2013) - Articles The disproportionate effect of the death penalty on women in Nigeria Abstract PDF · Vol 3 (2012) - Articles Towards the strict legal enforcement of best practice ...

  7. Author Details

    African Journals Online (AJOL)

    Yilma, KM. Vol 9, No 1 (2015) - Articles The Internet and Regulatory Responses in Ethiopia: Telecoms, Cybercrimes, Privacy, E-commerce, and the New Media Abstract PDF · Vol 9, No 1 (2015) - Articles The Internet and Ethiopias IP Law, Internet Governance and Legal Education: An Overview Abstract PDF. ISSN: 1998- ...

  8. Author Details

    African Journals Online (AJOL)

    Ross, E. Vol 104, No 1 (2014) - Articles Parents' perceptions of HIV counselling and testing in schools: Ethical, legal and social implications. Abstract PDF · Vol 104, No 5 (2014) - Articles Parents' perceptions of HIV counselling and testing in schools: Study methodology deeply flawed. Abstract PDF. ISSN: 0256-95749.

  9. Author Details

    African Journals Online (AJOL)

    Abstract PDF · Vol 104, No 7 (2014) - Articles Certificate of Need: Legal nightmare in the making? Abstract PDF · Vol 104, No 6 (2014) - Articles E Cape illegal immune-booster given 'false' approval – officials suspended. Abstract PDF · Vol 104, No 6 (2014) - Articles SAMA grasps the racial nettle, winning huge majority vote

  10. The impact of cuts in legal aid funding on charities.

    Science.gov (United States)

    Morris, Debra; Barr, Warren

    2013-03-01

    This article focusses on the specific impact of the cuts in legal aid funding on the charitable sector. The sector plays a significant role in advice giving. Some charities have the provision of legal advice as their sole purpose, whilst the work of other charities includes the giving of legal advice. Funding comes via a number of sources including legal aid, local authorities and charitable trusts. Whilst this volume highlights the legal aid reforms that will lead to significant cuts in funding, this article notes that charitable providers of legal advice have also suffered major cuts from their other traditional funding sources. Against this background, the article considers the serious and often unforeseen consequences for charities of the legal aid reforms, which go far beyond the impact on the high street law firm and access to justice for claimants.

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

    Directory of Open Access Journals (Sweden)

    Haik Nikogosian

    2016-12-01

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

  12. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

    Malheiros, T.M.M.; Knoefell, T.M.J.

    1988-01-01

    The goal of this paper is to discuss the main legal aspects related to the application of ionizing radiation in the industry, medicine, agriculture, scientific activities to envisage from the in force legislation the competence and responsibility for the control of radiation facilities comprising regulation, licensing and inspection. Legislation does not embrace all the aspects related to radiation facilities regarding to the specific provisions on civil liability concerning damages caused by non nuclear radiological accidents. The law nr.6.453 is applied only to nuclear accident, as defined in its rules. (author) [pt

  13. The accompanying adult: authority to give consent in the UK.

    Science.gov (United States)

    Lal, Seema Madhur Lata; Parekh, Susan; Mason, Carol; Roberts, Graham

    2007-05-01

    Children may be accompanied by various people when attending for dental treatment. Before treatment is started, there is a legal requirement that the operator obtain informed consent for the proposed procedure. In the case of minors, the person authorized to give consent (parental responsibility) is usually a parent. To ascertain if accompanying persons of children attending the Department of Paediatric Dentistry at the Eastman Dental Hospital, London were empowered to give consent for the child's dental treatment. A total of 250 accompanying persons of children attending were selected, over a 6-month period. A questionnaire was used to establish whether the accompanying person(s) were authorized to give consent. The study showed that 12% of accompanying persons had no legal authority to give consent for the child's dental treatment. Clinicians need to be aware of the status of persons accompanying children to ensure valid consent is obtained.

  14. DISPUTED MATTERS ON THE CONCEPT OF PUBLIC AUTHORITY

    Directory of Open Access Journals (Sweden)

    Elena Emilia ȘTEFAN

    2015-07-01

    Full Text Available The issue on the submitting of the statement of assets and interests is a subject of great interest within the Romanian society. Starting from this subject, this study aims to analyze which are the legal entities required under the legislation in force to submit the statement of assets and interests and the penalty incurred for the failure to do so. Furthermore, we consider relevant, in order to have an overview on the set out issue, to establish the significance of the concept of public authority. Not incidentally, we understand to discuss these two concepts, respectively the statement of assets and interests and the public authorities due to the fact that they were closely related within the judicial practice. Therefore, the qualification of a legal entity as a public authority leads to the obligation of the employees of the respective entity to submit the statement of assets and interests.

  15. Considerations regarding procurement activities in institutions of local authority

    OpenAIRE

    Mãdãlina ALBU

    2013-01-01

    Objectives which they propose a public authority requires, among others, providing the necessary resources, including the material occupy a large proportion. This is done through the public procurement system. The procurement is part of the legal and economic reality of the Romanian society and covers all rules and actions on public spending and the application launched by public bodies meets the proposed offer of an operator. This paper presents an analysis of the public procurement system i...

  16. Legal culture: characteristics and specifics (on the example of contemporary Kazakhstan

    Directory of Open Access Journals (Sweden)

    G R Absattarov

    2014-12-01

    Full Text Available The article considers the legal culture as an ‘ideal phenomenon’ providing value meanings for the outlook of the Kazakhs and the basis for the development of the population legal consciousness. The author focuses on the national significance of the legal, civil society and the development of new legal social ideals, norms and rules, examines key problems and contradictions in the legal culture of today’s Kazakhstan.

  17. Legal and public health considerations affecting the success, reach, and impact of menu-labeling laws.

    Science.gov (United States)

    Pomeranz, Jennifer L; Brownell, Kelly D

    2008-09-01

    Because the rate of consumption of away-from-home meals has increased dramatically, the distinction between requiring nutrition information for packaged but not restaurant products is no longer reasonable. Public health necessitates that nutrition labels must be included with restaurant menus as a strategy to educate consumers and address the escalation of obesity. Menu-labeling laws are being considered at the local, state, and federal levels, but the restaurant industry opposes such action. We discuss the public health rationale and set forth the government's legal authority for the enactment of menu-labeling laws. We further aim to educate the public health community of the potential legal challenges to such laws, and we set forth methods for governments to survive these challenges by drafting laws according to current legal standards.

  18. Code of Ethics in a Multicultural Company and its Legal Context

    Science.gov (United States)

    Odlerová, Eva; Ďurišová, Jaroslava; Šramel, Bystrík

    2012-12-01

    The entry of foreign investors and simultaneous expansion of different national cultures, religions, rules, moral and ethical standards is bringing up problems of cooperation and coexistence of different nationalities, ethnicities and cultures. Working in an international environment therefore requires adaptation to a variety of economic, political, legal, technical, social, cultural and historical conditions. One possible solution is to define a code of ethics, guidelines which find enough common moral principles, which can become the basis for the adoption of general ethical standards, while respecting national, cultural differences and practices. In this article, the authors pay attention not only to the analysis of the common ethical rules in a multicultural company, but also to the legal aspects of codes of ethics. Each code of ethics is a set of standards, which, like the legal norms, regulate the behaviour of individuals. These standards, however, must simultaneously meet certain statutory criteria that define the boundaries of regulation of employee’s behaviour.

  19. The penal aspect of the essence of the legal institute

    Directory of Open Access Journals (Sweden)

    Олег Миколайович Кревсун

    2016-04-01

    Full Text Available Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law. Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.

  20. Author Guidelines

    Directory of Open Access Journals (Sweden)

    Chief Editor

    2016-06-01

    Full Text Available AUTHOR GUIDELINES Indian Journal of Community Health (IJCH accepts only online submission of manuscript(s by using Open Journal software (OJS at http://www.iapsmupuk.org/journal/index.php/IJCH/login Online SubmissionsAlready have a Username/Password for Indian Journal of Community Health (IJCH? GO TO LOGINNeed a Username/Password?GO TO REGISTRATIONNote: Registration and login are required to submit items online and to track the status of current submissions.Author GuidelinesIJCH strictly adheres on the recommendations for the Conduct, Reporting, Editing and Publication of Scholarly Work in Medical Journals as per the standard universal guidelines given by International Committee of Medical Journal Editors (ICMJE - Recommendations for Uniform Requirements for Manuscripts. Authors are requested to visit http://www.icmje.org/index.html before making online submission of their manuscript(s. http://www.icmje.org/recommendations/browse/manuscript-preparation/preparing-for-submission.html Preparing for SubmissionGeneral PrinciplesReporting GuidelinesManuscript SectionsTitle PageAbstractIntroductionMethodsResultsDiscussionReferencesTablesIllustrations (FiguresUnits of MeasurementAbbreviations and Symbols 1. General PrinciplesThe text of articles reporting original research is usually divided into Introduction, Methods, Results, and Discussion sections. This so-called “IMRAD” structure is not an arbitrary publication format but a reflection of the process of scientific discovery. Articles often need subheadings within these sections to further organize their content. Other types of articles, such as meta-analyses, may require different formats, while case reports, narrative reviews, and editorials may have less structured or unstructured formats.Electronic formats have created opportunities for adding details or sections, layering information, cross-linking, or extracting portions of articles in electronic versions. Supplementary electronic

  1. Psychiatric diagnosis in legal settings

    Directory of Open Access Journals (Sweden)

    Alfred Allan

    2005-12-01

    Full Text Available When asked to give a diagnosis in legal settings practitioners should be mindful of the tentative nature of psychiatric diag- noses and that courts require that such a diagnosis must have scientific credibility. South African courts are not explicit about the test they will apply to determine whether a diagno- sis is scientifically credible, but some guidance can be found in United States case law. This paper examines these criteria with reference to the disorders included in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR.

  2. IT Security Standards and Legal Metrology - Transfer and Validation

    Science.gov (United States)

    Thiel, F.; Hartmann, V.; Grottker, U.; Richter, D.

    2014-08-01

    Legal Metrology's requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408). We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology's requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany's Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID) are incorporated. A verification approach to check for meeting Legal Metrology's requirements by their interpretation through Common Criteria's generic requirements is also presented.

  3. Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

    Directory of Open Access Journals (Sweden)

    Dmitriy E. Nekrasov

    2014-09-01

    Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

  4. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

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

    2011-01-01

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

  5. The authority and responsibility of school officials in responding to cyberbullying.

    Science.gov (United States)

    Willard, Nancy E

    2007-12-01

    Online social aggression, or cyberbullying, involves speech. Many incidents involve off-campus online speech that either creates or has the potential to create disruption at school or that may interfere with the targeted student's ability to participate in educational activities and programs. Addressing these situations requires an assessment of the extent of authority and responsibility of school officials to respond. "Authority" refers to the legally justified right to impose formal discipline. Because cyberbullying involves online speech, the question of legal authority necessarily involves addressing the balance between the student right of free speech and student safety and security. "Responsibility" refers to the legal obligation under negligence theory and civil rights laws to exercise reasonable precautions to protect students from online social aggression and to intervene in response to reports of actual incidents.

  6. Author Guidelines

    Directory of Open Access Journals (Sweden)

    Chief Editor

    2015-12-01

    Full Text Available Author GuidelinesIJCH strictly adheres on the recommendations for the Conduct, Reporting, Editing and Publication of Scholarly Work in Medical Journals as per the standard universal guidelines given by International Committee of Medical Journal Editors (ICMJE - Recommendations for Uniform Requirements for Manuscripts. Authors are requested to visit http://www.icmje.org/index.html before making online submission of their manuscript(s.  http://www.icmje.org/recommendations/browse/manuscript-preparation/preparing-for-submission.html Preparing for SubmissionPAGE CONTENTSGeneral PrinciplesReporting GuidelinesManuscript SectionsTitle PageAbstractIntroductionMethodsResultsDiscussionReferencesTablesIllustrations (FiguresUnits of MeasurementAbbreviations and Symbols1. General PrinciplesThe text of articles reporting original research is usually divided into Introduction, Methods, Results, and Discussion sections. This so-called “IMRAD” structure is not an arbitrary publication format but a reflection of the process of scientific discovery. Articles often need subheadings within these sections to further organize their content. Other types of articles, such as meta-analyses, may require different formats, while case reports, narrative reviews, and editorials may have less structured or unstructured formats.Electronic formats have created opportunities for adding details or sections, layering information, cross-linking, or extracting portions of articles in electronic versions. Supplementary electronic-only material should be submitted and sent for peer review simultaneously with the primary manuscript.2. Reporting GuidelinesReporting guidelines have been developed for different study designs; examples include CONSORT for randomized trials, STROBE for observational studies, PRISMA for systematic reviews and meta-analyses, and STARD for studies of diagnostic accuracy. Journals are encouraged to ask authors to follow these guidelines because

  7. AUTHOR GUIDELINES

    Directory of Open Access Journals (Sweden)

    Chief Editor

    2014-12-01

    Full Text Available AUTHOR GUIDELINESIndian Journal of Community Health (IJCH accepts only online submission of manuscript(s by using Open Journal software (OJS at http://www.iapsmupuk.org/journal/index.php/IJCH/loginOnline SubmissionsAlready have a Username/Password for Indian Journal of Community Health (IJCH? GO TO LOGINNeed a Username/Password?GO TO REGISTRATIONNote: Registration and login are required to submit items online and to track the status of current submissions.Author GuidelinesIJCH strictly adheres on the recommendations for the Conduct, Reporting, Editing and Publication of Scholarly Work in Medical Journals as per the standard universal guidelines given by International Committee of Medical Journal Editors (ICMJE - Recommendations for Uniform Requirements for Manuscripts. Authors are requested to visit http://www.icmje.org/index.html before making online submission of their manuscript(s.SectionsEditorial:On issues of current public health needAbout 1000 – 1200 wordsReferences: 5 – 10 (PubMed - Citation preferredInvited Commentary:Brief, provocative, opinionated communicationsOn issues of current public health needMain Text: 750-1000 words excluding referencesReferences: 5 – 10 (PubMed - Citation preferredOriginal Article:Articles from Original ResearchStructured abstract: 250 wordsMain Text: 2500 - 3000 words, IMRD formatKey Words: 5 - 8References: 20 – 25 (PubMed - Citation preferredTables / Figures: 3 – 4*Certificate of clearance from respective Institutional Ethical Committee (IECReview Article:On subject of public health relevanceAbstract: 250 wordsMain Text: 2500 - 3000 wordsKey Words: 3 - 4References: 20 – 25 (PubMed - Citation preferredTables / Figures: 3 – 4Short Communication / Article:Short report of a research project / outbreakMain Text : 1000 – 1200 wordsReferences: 10 – 15 (PubMed - Citation preferredTable / Figure: 01*Certificate of clearance from respective Institutional Ethical Committee (IECReport from the field

  8. The question of the legal basis of prevention of sexual violence in the republic of Kazakhstan

    OpenAIRE

    Kalguzhinova A.

    2016-01-01

    The article is devoted to the sources of legal regulation of sexual violence prevention as a kind of domestic violence. Analyzed the legal provisions regulating the concept, types, measures of prevention of domestic violence, the activities of the competent authorities.

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

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

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

  10. Legal Portion in Russian Inheritance Law

    Science.gov (United States)

    Inshina, Roza; Murzalimova, Lyudmila

    2013-01-01

    In this paper the authors describe the right to inherit as one of the basic human rights guaranteed by the Constitution of the Russian Federation. The state has set rules according to which after a person's death, his or her property is inherited by other persons. The Russian civil legislation establishes the institution of legal portions that is…

  11. 7. Emerging Applications and Some legal Issues

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 6; Issue 8. Electronic Commerce - Emerging Applications and Some Legal Issues. V Rajaraman. Series Article Volume 6 Issue 8 August ... Author Affiliations. V Rajaraman1. IBM Professor of Information Technology JNCASR Bangalore 560 064, India.

  12. Ethical and Legal Responsibilities of Counselors.

    Science.gov (United States)

    Glennen, Robert E.

    In the aftermath of the Watergate scandal, each profession is reviewing its ethical practices. This paper assists in this renewal by citing the code of ethical standards of APGA; reviewing the laws of the State of Nevada regarding privileged communications; and covering the legal aspects which relate to counseling situations. (Author)

  13. Citing Legal Material in APA Journals.

    Science.gov (United States)

    Osborne, Allan G., Jr.

    1992-01-01

    Guidelines are offered to authors on the correct citation format for legal references, including statutes and regulations, court decisions, and law review articles. Standards are based on those published by the Harvard Law Review Association and the American Psychological Association. (DB)

  14. A legal approach to radioactive waste management

    International Nuclear Information System (INIS)

    Derche, B.; Rocamora, P.; Salelles, A.

    1983-01-01

    The authors of this paper review the major legal problems raised by radioactive waste management. They stress the complexity of such problems by posing three main queries: surveillance or no surveillance; liability or no liability and finally internationalisation or national jurisdiction. This analysis seeks to provide food for thought on each point rather than a solution to the questions reviewed. (NEA) [fr

  15. Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen

    OpenAIRE

    رشاد نعمان العامري

    2017-01-01

    Franchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical knowledge from Franchisor to Franchisee. In Yemen, Franchise has not received any private legal legislation till the moment, necessitating applying contract articles, contracts general principles and som...

  16. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  17. Religious legal systems: challenges of the modernity

    Directory of Open Access Journals (Sweden)

    Д. В. Лук’янов

    2015-11-01

    Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

  18. 25 CFR 117.22 - Disbursements to legal guardians.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Disbursements to legal guardians. 117.22 Section 117.22... COMPETENCY § 117.22 Disbursements to legal guardians. Any disbursement authorized to be made to an Indian by... to the guardian. All expenditures by a guardian of the funds of his ward must be approved in writing...

  19. The legal framework in Spain for a nuclear programme

    International Nuclear Information System (INIS)

    Santos, A. de los; Corretjer, L.

    1977-01-01

    The introduction of a nuclear programme requires the establishment of an adequate legal framework, as solutions to the problems posed by the use of nuclear energy are not included in Common Law. Legislation in Spain is capable of dealing with the main problems posed in this field. Spain is a contracting party in several international conventions and participates in international organizations related to this area, taking their recommendations into account when revising its national legislation. Specific Spanish legislation is constituted by Law 25/1964 of 29 April 1964 on Nuclear Energy, which outlines the legal system regarding nuclear energy and regulates all related aspects, from the competent organizations and authorities to the sanctions to be imposed for non-fulfilment of the provisions. To offer sufficient flexibility for it to be adapted to specific circumstances, the Law's provisions are very wide and development is foreseen by means of regulations. So far, two Regulations have been published: that relating to Coverage of Risk of Nuclear Damage, which refers to civil responsibility and its coverage; and that relating to Nuclear and Radioactive Installations, which refers to the authorization and licence system. At present, the regulation relating to Radiation Protection is being elaborated and will replace the present Radiation Protection Ordinances. In addition, reference is made to others which, although they are not specifically 'nuclear', include precepts related to this question, such as the Regulation regarding Nuisance, Unhealthy or Dangerous Industries or some labour law provisions. (author)

  20. Energy transition and legal transition: renewable energies development in France

    International Nuclear Information System (INIS)

    Darson, Alice

    2015-01-01

    The way to an energy transition will be reached with an integration of renewable energies in our energy mix. This development includes a legal transition because the current legal context that applies to green energies is not efficient and does not contribute to this emergency. Changing the legal frame becomes a necessity and particularly the way these energies are governed, planned and supported. It's also important that administrative procedures that regulate the implantation of energies production system are set. At last, this legal transition will have to conciliate imperatives linked to the development of renewable energies with those governing the protection of surroundings, all aiming to a sustainable development. (author) [fr

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

    International Nuclear Information System (INIS)

    Fanielle, Sylvain

    2016-01-01

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

  2. Legal analysis at the Law for Civil liabilities by nuclear damage

    International Nuclear Information System (INIS)

    Gonzalez G, A.

    2000-01-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  3. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

  4. Legal and regulatory framework of Uranium's enrichment

    International Nuclear Information System (INIS)

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

    2009-01-01

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

  5. Legal aspects of transfrontier air pollution

    International Nuclear Information System (INIS)

    Rauschning, D.

    1986-01-01

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

  6. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

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

    2015-01-01

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

  7. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  8. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  9. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

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

  10. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

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

  12. Author: M Swanepoel LEGAL ASPECTS WITH REGARD TO ...

    African Journals Online (AJOL)

    user

    Associate Professor, Unisa, School of Law, Department of. Jurisprudence. E-mail: MagdSwanem@unisa.ac.za. 1. Burchell Principles of ..... a result, he lapsed into an automatistic state, during which he began shooting at people in the bar, killing one person. The question was whether the accused had suffered from a mental ...

  13. Access authorization: reducing legal exposure during the screening process

    International Nuclear Information System (INIS)

    Ingram, J.

    1987-01-01

    Due to strong local opposition to the establishment and maintenance of nuclear power facilities, a lawsuit against a large power company is often perceived by the individual juror as an opportunity to strike a blow for the little guy, regardless of the merits of the underlying case. The following suggestions attempt to incorporate the primary concern of jurors that the program should be one designed to minimize the likelihood that an employee will be unfairly terminated or rejected, but without jeopardizing the safety of the facility: (1) any psychological test should be in writing and administered and scored according to professionally accepted criteria. Any employee or applicant receiving an abnormal score should be given an opportunity to retake the test. (2) All employees should be subjected to a structured clinical interview by a licensed psychiatrist or psychologist, not only those who performed questionably on the written test. Any employee or applicant who does not pass the clinical interview should be given the opportunity to be reexamined by another psychologist or psychiatrist. (3) The employee should be confronted with all adverse data, such as prior history of crime, alcoholism, etc., and be given the opportunity to explain or deny the information. (4) It must be made clear to the employee that the failure to certify him as stable is not the same as certifying that he is unstable. (5) Communication of the test results should be made only to the licensee and the applicant

  14. Border Security and Military Support: Legal Authorizations and Restrictions

    National Research Council Canada - National Science Library

    Vina, Stephen R

    2006-01-01

    .... Reported escalations in criminal activity and illegal immigration, however, have prompted some law makers to reevaluate the extent and type of military support that occurs in the Mexico-United States border region...

  15. EPA Communications Stylebook: Authorities and Legal Information Guide

    Science.gov (United States)

    This chapter's information is generally applicable to all public communications documents, whether printed or only posted on the web. It covers copyright and trademark issues, the scope of government works and authorship, fair use, privacy, and more.

  16. Whither the legal control of nuclear energy?

    International Nuclear Information System (INIS)

    Riley, Peter

    1995-01-01

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

  17. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

    Full Text Available The proliferation of technology emphasized new forms of payment. During the last years, current literature highlighted the role of virtual currency, the channels of payment through digital coins and the importance of assimilation of such platforms. Bitcoin or BTC is known as a digital coin, issued for the first time in 2009 and based on a peer to peer system. The difference from other forms of payment is that BTC is not controlled by any institution or central authority. BTC transactions have grown rapidly, ”asking" for regulation measures or legal approval of governments. Although BTC has become very popular, the market is poor and unfortunately of no confidence. There is a lack of regulation which can determine a number of risks associated with criminal financing activities. However, the legal status of Bitcoin is present in many European countries like Belgium, Bulgaria, Denmark, Finland, Germany, Lithuania, Norway, Poland, Slovenia, Switzerland or Turkey. Also, this type of currency has experienced a rapid evolution among coffee shops and restaurants.

  18. Author Details

    African Journals Online (AJOL)

    PROMOTING ACCESS TO AFRICAN RESEARCH. AFRICAN JOURNALS ONLINE (AJOL) · Journals · Advanced Search · USING AJOL · RESOURCES. Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads.

  19. Author Correction

    DEFF Research Database (Denmark)

    Gröbner, Susanne N; Worst, Barbara C; Weischenfeldt, Joachim

    2018-01-01

    In this Article, author Benedikt Brors was erroneously associated with affiliation number '8' (Department of Developmental Neurobiology, St Jude Children's Research Hospital, Memphis, Tennessee, USA); the author's two other affiliations (affiliations '3' and '7', both at the German Cancer Researc...

  20. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... An algorithm to retrieve Land Surface Temperature using Landsat-8 Dataset Abstract PDF. ISSN: 2225-8531.

  1. ERRORS AND DIFFICULTIES IN TRANSLATING LEGAL TEXTS

    Directory of Open Access Journals (Sweden)

    Camelia, CHIRILA

    2014-11-01

    Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.

  2. Legal issues in cash balance pension plan conversions.

    Science.gov (United States)

    Forman, J B

    2001-01-01

    Replacing a traditional pension with a cash balance plan raises a number of complicated and unsettled legal issues, including the protection of accrued benefits, the rate of benefit accrual, age discrimination and notice requirements. This article discusses those issues and concludes that routine conversions to cash balance plans appear to be legal both currently and into the foreseeable future.

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

    Directory of Open Access Journals (Sweden)

    R K Mani

    2015-01-01

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

  4. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  5. The legal aspects of the power breakdown in August 2003

    International Nuclear Information System (INIS)

    Dunberry, E.

    2004-01-01

    The power breakdown on August 14, 2003 could re-occur. There are legal liabilities over interruptions of power without notice and honouring of contract terms. This risk must be managed with prudence and diligence. (author)

  6. Electronic Health Information Legal Epidemiology Data Set 2014

    Data.gov (United States)

    U.S. Department of Health & Human Services — Authors: Cason Schmit, JD, Gregory Sunshine, JD, Dawn Pepin, JD, MPH, Tara Ramanathan, JD, MPH, Akshara Menon, JD, MPH, Matthew Penn, JD, MLIS This legal data set...

  7. Valid, legally defensible data from your analytical laboratories

    International Nuclear Information System (INIS)

    Gay, D.D.; Allen, V.C.

    1989-01-01

    This paper discusses the definition of valid, legally defensible data. The authors describe the expectations of project managers and what should be gleaned from the laboratory in regard to analytical data

  8. Legal framework of radioactive waste management in Indonesia

    International Nuclear Information System (INIS)

    Ridwan, M.

    2000-01-01

    The nuclear programme and the related legal framework in Indonesia is outlined. The provisions and principles concerning the management of radioactive waste are described. Furthermore, aspects of liability for nuclear damage and public involvement are addressed. (author)

  9. Case Briefs in Legal English Classes

    Directory of Open Access Journals (Sweden)

    Bilová Stĕpánka

    2016-06-01

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

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

    Science.gov (United States)

    Nikogosian, Haik; Kickbusch, Ilona

    2016-09-04

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

  11. Political and Legal Doctrine of Simon Bolivar

    Directory of Open Access Journals (Sweden)

    Mixail V. Fedorov

    2014-03-01

    Full Text Available Present article is devoted to the legal, political and constitutional ideas of the outstanding leader of war of independence in Latin America Simon Bolivar that was called by his countrymen and contemporaries to be a LIBERATOR. In the present article author discusses complex genesis and evolution of the political and legal doctrine of Simon Bolivar. Review is conducted by author in the context of developing theory and practice of Latin American constitutionalism in the XIX century. Author conceptualized and revealed basic historical patterns of formation and development of Latin American countries during the War of Independence (1810-1826 period. Author conducted comprehensive analysis of the draft constitution which was developed by Simon Bolivar for the newly independent states of Latin America and reveals theoretical and practical problem of choosing Simon Bolivar republican form of government, such as a peculiar institution in the form of principle of the separation of powers, containing the fourth power. Author focuses on the questions of Simon Bolivar’s relationship to the constitutional institute of human rights, idea of relationship between state and church. Article also researches many other political, legal and constitutional ideas of Simon Bolivar, present views of historians, lawyers, political scientists, statesmen and public activists.

  12. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  13. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  14. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  15. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  16. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  17. Author's capabilities in author indexing

    International Nuclear Information System (INIS)

    Ooi, Shoichi

    1988-01-01

    The purpose of this paper is to provide a author capability of current author indexing practices in journal literature indexing practices in 'Journal of Nuclear Science and Technology of Japan'. This Journal employed keywords freely assigned by author and not taken from INIS Thesaurus or other vocabulary list. Author examined 413 literatures, comparing keywords assigned by the literatures' authors with descriptor's (ATOMINDEX) assigned by an experienced professional indexer. The results of the comparisons showed that the average set of terms assigned by author included about 70% of all the terms assigned to the same literature by the professional indexer. Authors eventually would contribute, for the most effective point to create reference to information is at the time of its generation. Consequently, it may be possible to transfer them easily to descriptors in every secondary information system. (author)

  18. Legal aspects of nuclear waste management

    International Nuclear Information System (INIS)

    Hofmann, H.

    1981-01-01

    The result of the study is that the nuclear waste management defined by sect. 9a of the Atomic Energy Law cannot be realized without violating the constitution or other relevant laws. This evaluation of the nuclear waste management concept is based on an in-depth discussion of technological difficulties involved in nuclear waste management, and on the examination of all existing rules and regulations (Radiation Protection Ordinance, intermediate storage and burial, and reprocessing) at home and abroad, which lead to legal aspects of nuclear waste management which, according to established German law, are to be characterized as being 'unclear'. The author demonstrates especially the lack of precision in law of the term 'radioactive waste'. He points out that a sufficient regulation on the dismantlement of nuclear reactors is missing and he sets forth uncertainties relating to administrative law which are involved in bringing in private companies for burial as it is provided by law. The concluding constitutional assessment of the nuclear waste management regulation of the Atomic Energy Law shows that sect. 9a of the Atomic Energy Law does not meet completely constitutional requirements. (orig./HP) [de

  19. The Chemical Weapons Convention -- Legal issues

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-08-01

    The Chemical Weapons Convention (CWC) offers a unique challenge to the US system of constitutional law. Its promise of eliminating what is the most purely genocidal type of weapon from the world`s arsenals as well as of destroying the facilities for producing these weapons, brings with it a set of novel legal issues. The reservations about the CWC expressed by US business people are rooted in concern about safeguarding confidential business information and protecting the constitutional right to privacy. The chief worry is that international verification inspectors will misuse their power to enter commercial property and that trade secrets or other private information will be compromised as a result. It has been charged that the Convention is probably unconstitutional. The author categorically disagrees with that view and is aware of no scholarly writing that supports it. The purpose of this presentation is to show that CWC verification activities can be implemented in the US consistently with the traditional constitutional regard for commercial and individual privacy. First, he very briefly reviews the types of verification inspections that the CWC permits, as well as some of its specific privacy protections. Second, he explains how the Fourth Amendment right to privacy works in the context of CWC verification inspections. Finally, he reviews how verification inspections can be integrated into these constitutional requirements in the SU through a federal implementing statute.

  20. Legal and Institutional Foundations of Adaptive Environmental ...

    Science.gov (United States)

    Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. Adaptation typically emerges organically among m

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

    International Nuclear Information System (INIS)

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

    1992-01-01

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

  2. EMERGING LEGAL ISSUES REGARDING CIVILIAN DRONE USAGE

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2018-05-01

    Full Text Available Unmanned vehicles are becoming a common sighting in our day-to-day life and are soon going to become an important economic drive in creating workspaces and help achieve new milestones in human activities. As such, the technology revolving around the unmanned vehicles will push itself as much as it’s needed but with each achievement in the field of robotics a legal issue arises around how to use the newly acquired piece of technology in a public or private space and whether or not should such a technology be placed under a strict governmental control. As the saying by Prof. Henry W. Haynes (1879 goes “The possession of great powers and capacity for good implies equally great responsibilities in their employment. Where so much has been given much is required.” so does an unmanned vehicle and its operator must follow a degree of legal guidelines on how to properly use the gadget and to also to understand the legal limitations when interacting with other entities. This paper will focus on identifying and answering some legal issues regarding what is required for a drone to fly over an identifiable space, but also if the operator must have a document that was conferred by a state to acknowledge the skills of the pilot or should a software limitation be in place for national security safeguards. The paper will also tackle the issue of identifying legal documents from different states that can be applied to drone flight operations and also if different states have adopted sanctions to persons who did not abide to said legal norms.

  3. On the obstacles and solutions in the application of Chinese criminal legal aid system

    Directory of Open Access Journals (Sweden)

    Wang Sh.

    2016-06-01

    Full Text Available the article discovers the problem of application of Chinese legal aid system, which is very low. The problem should be solved as below. The author suggests strengthening the education to investigators, changing the way of employing legal aid lawyers and clarify the content of the right informing and applying for legal aid system. These actions application might well improve the situation.

  4. Concept Of The Legal System Analysis

    Directory of Open Access Journals (Sweden)

    Petr E. Zhigockiy

    2015-03-01

    Full Text Available In the present article an attempt to provide a theoretical analysis of the legal system, and to consider the law as one of the most complicated social phenomena was made. Author notes, that the contradictions prevailing in public practice are unpredictable. Doctrines of law are varied in their approaches, scores and results, but based on a common foundation: the law for people always acted as a certain order in a society, where the differences begin. Author draws attention to the fact, that the state and the law ensure the order in society by removing contradictions and achieving social compromises. The legal reality is divided into certain groups of legal systems, there is a classification. If we are relying on the identification of groups of the same order, there is the theoretical generality as the level of the theory of law on the legal systems basis. Analysis of the political and legal systems will draw attention to the democratic and totalitarian regimes. Totalitarian regimes are characterized by law as means of violence, the means of coercion and suppression. The majority of democratic regimes are characterized by the use of law as a means of social harmony and social compromise. In conclusion, author underlines, that the theory of law can be made not only at the level of each country. This level is a necessary basis for the theory, but not its completion. Based on the individual characteristics of each country's law, that is descended from the general and particular to an individual, the theory can and should continue to make the way back from the individual to the particular and the general.

  5. European integration and the supervision of local and regional authorities
    Experiences in the Netherlands with requirements of European Community law

    Directory of Open Access Journals (Sweden)

    Bart Hessel

    2006-06-01

    Full Text Available As a result of increasing European integration, local and regional authorities are having to deal with European law more and more intensively. As Member States (read: central government are responsible vis-à-vis the Community for the errors of local and regional authorities, the question arises within Member States whether the central government possesses sufficient supervisory instruments for complying with their obligations under Community law: they must ensure that the errors of local and regional authorities are rectified in time, and national law must provide for sufficient possibilities to do so. Although Community law is neutral towards the internal relations between the various tiers of government within the Member States, this responsibility of the central government may, as a result of European integration, lead to a need for more powerful supervisory instruments in relation to local and regional authorities. In the past five years there has been some debate on this subject within the Netherlands and after a long delay the Dutch cabinet in 2004 decided that the existing supervisory instruments in the decentralized unitary state of the Netherlands should be expanded. The legislation intended to realize this expansion is being prepared. This discussion and its results would seem of interest to other Member States of the Community facing similar problems.

  6. Author Details

    African Journals Online (AJOL)

    Visemih, Willium Muffee. Vol 9, No 2 (2001) - Articles The Role Of Internal Control In The Rural Development Of Cameroon: The Case Of The South West Development Authority (Soweda) Abstract. ISSN: 0856-6372. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's ...

  7. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Abstract PDF · Vol 3, No 6 (2011) - Articles Mixed convection flow and heat transfer in a vertical wavy channel containing porous and fluid layer with traveling thermal waves. Abstract PDF · Vol 3, No 8 ...

  8. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Singh, J. Vol 3, No 2 (2011) - Articles Plane waves in a rotating generalized thermo-elastic solid with voids. Abstract PDF. ISSN: 2141-2839. AJOL African Journals Online. HOW TO USE AJOL.

  9. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Vol 12 (2008) - Articles On the wave equations of shallow water with rough bottom topography. Abstract · Vol 14 (2009) - Articles Energy generation in a plant due to variable sunlight intensity

  10. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Iliopsoas haematoma in a rugby player. Abstract PDF · Vol 29, No 1 (2017) - Articles The use of negative pressure wave treatment in athlete recovery. Abstract PDF. ISSN: 2078-516X. AJOL African ...

  11. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Ismail, A. Vol 9, No 3S (2017): Special Issue - Articles Investigate of wave absorption performance for oil palm frond and empty fruit bunch at 5.8 GHz. Abstract PDF · Vol 9, No 3S (2017): Special Issue ...

  12. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Isa, M.F.M.. Vol 9, No 3S (2017): Special Issue - Articles Experimental and numerical investigation on blast wave propagation in soil structure. Abstract PDF · Vol 9, No 3S (2017): Special Issue - ...

  13. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... No 3S (2017): Special Issue - Articles Experimental and numerical investigation on blast wave propagation in soil structure. Abstract PDF · Vol 9, No 3S (2017): Special Issue - Articles Simulation on ...

  14. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Duwa, S S. Vol 8 (2004) - Articles Lower hybrid waves instability in a velocity–sheared inhomogenous charged dust beam. Abstract · Vol 9 (2005) - Articles The slide away theory of lower hybrid bursts

  15. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Vol 45 (2016) - Articles From vectors to waves and streams: An alternative approach to semantic maps1. Abstract PDF · Vol 48 (2017) - Articles Introduction: 'n Klein ietsie for Johan Oosthuizen

  16. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... to blast loadings. Abstract PDF · Vol 9, No 3S (2017): Special Issue - Articles Experimental and numerical investigation on blast wave propagation in soil structure. Abstract PDF. ISSN: 1112-9867.

  17. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... The use of negative pressure wave treatment in athlete recovery. Abstract PDF · Vol 29, No 1 (2017) - Articles The prevalence, risk factors predicting injury and the severity of injuries sustained during ...

  18. Author Details

    African Journals Online (AJOL)

    Author Details. Journal Home > Advanced Search > Author Details. Log in or Register to get access to full text downloads. ... Vol 29, No 1 (2017) - Articles The use of negative pressure wave treatment in athlete recovery. Abstract PDF · Vol 29, No 1 (2017) - Articles The prevalence, risk factors predicting injury and the ...

  19. Economic and legal consequences of concluded apparent legal on national interests in Montenegro

    Directory of Open Access Journals (Sweden)

    Vuksanović Draginja

    2017-01-01

    Full Text Available Concluding contracts on long-term leases of state-owned properties, beaches and bathing grounds should bring about positive economic effects through the payment of lease fees and the construction of tourist complexes, which in turn should be reflected on the development of tourism, and therefore on a better quality of life of citizens. In order to have legal effect, a contract as a legal transaction must be concluded in accordance with positive legal regulations. The respect for the institution of public order is the only condition limiting the fundamental principle of the law of obligations - the freedom of contract (autonomy of will. Through a detailed legal analysis, we want to draw attention to the examples of contracts on long-term leases that are unlawful. It is a particular type of apparent legal transactions (simulated contracts, because in concluding contracts on long-term leases of state-owned property, leases are simulated in public, while the contracts actually contain elements of sales. It is particularly interesting that the lessor in the concluded contracts is a relevant state authority (a ministry, on whose behalf the contract is signed by an authorized representative who had also led the negotiations with foreign investors. The consequences of such contracts negatively influence the economic development, tourism industry, and therefore also the standard of living of citizens.

  20. Professional Closure Beyond State Authorization

    Directory of Open Access Journals (Sweden)

    Gitte Sommer Harrits

    2014-03-01

    Full Text Available For decades, the Weberian approach to the study of professions has been strong, emphasizing state authorization and market monopolies as constituting what is considered a profession. Originally, however, the Weberian conception of closure, or the ways in which a profession is constituted and made separate, was broader. This article suggests a revision of the closure concept, integrating insights from Pierre Bourdieu, and conceptualizing professional closure as the intersection of social, symbolic and legal closure. Based on this revision, this article demonstrates how to apply such a concept in empirical studies. This is done by exploring social, symbolic and legal closure across sixteen professional degree programs. The analyses show a tendency for some overlap between different forms of closure, with a somewhat divergent pattern for legal closure. Results support the argument that we need to study these processes as an intersection of different sources of closure, including capital, lifestyles and discourse

  1. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

    Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

    2018-03-01

    The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

  2. Piercing and tattoos in adolescents: legal and medico-legal implications

    Directory of Open Access Journals (Sweden)

    Conti Adelaide

    2018-04-01

    Full Text Available Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents.

  3. Quem sou eu para discordar de um ministro do STF? O ensino do direito entre argumento de autoridade e livre debate de ideias Who am I to disagree with a supreme court justice? Legal education between argument from authority and free debate of ideas

    Directory of Open Access Journals (Sweden)

    Virgílio Afonso da Silva

    2010-06-01

    Full Text Available Este artigo tem como objetivo narrar uma experiência concreta com aulas participativas. O que se pretende é, entre outras coisas, demonstrar que nem sempre são necessárias reformulações radicais na metodologia do ensino jurídico para que resultados positivos sejam alcançados. Algumas das formas tradicionais de ensino - no caso em questão, os seminários - às vezes não produzem os efeitos desejados, por deficiências no planejamento ou por reproduzirem vícios do ensino jurídico, como: Ensino não participativo; foco no argumento de autoridade; muita exposição e pouco debate; falta de incentivo a posturas críticas etc. A reprodução desses vícios, aliada ao fato de que, nos seminários, muitas vezes o professor está ausente, parece-nos ser a causa da percepção generalizada de que aulas de seminários são uma forma menos importante de aprendizado. Nossa experiência tem demonstrado que esse cenário pode ser muito diferente, se alguns cuidados forem tomados.The aim of this paper is to narrate an experience with participative classes. We argue that radical changes in the current methods of legal education are not always necessary in order to achieve positive outcomes. Sometimes the participative methods already used in brazilian legal education - we focus on seminars - fail to lead to good results either due to deficiencies in planning, or because they tend to replicate the most common problems associated with non-participative methods, such as: Focusing on arguments from authority; excess of lecturing and lack of debate; lack of incentive to critical attitudes, among many others. The replication of these problems, combined with the recurrent absence of the professor responsible for the course, seems to us to be the main cause of the widespread perception that seminars are a method of learning of minor importance. our experience, however, has shown that this scenario may change significantly if due care is exercised.

  4. Authoring Tools

    Science.gov (United States)

    Treviranus, Jutta

    Authoring tools that are accessible and that enable authors to produce accessible Web content play a critical role in web accessibility. Widespread use of authoring tools that comply to the W3C Authoring Tool Accessibility Guidelines (ATAG) would ensure that even authors who are neither knowledgeable about nor particularly motivated to produce accessible content do so by default. The principles and techniques of ATAG are discussed. Some examples of accessible authoring tools are described including authoring tool content management components such as TinyMCE. Considerations for creating an accessible collaborative environment are also covered. As part of providing accessible content, the debate between system-based personal optimization and one universally accessible site configuration is presented. The issues and potential solutions to address the accessibility crisis presented by the advent of rich internet applications are outlined. This challenge must be met to ensure that a large segment of the population is able to participate in the move toward the web as a two-way communication mechanism.

  5. Architectural Design for the Global Legal Information Network

    Science.gov (United States)

    Kalpakis, Konstantinos

    1999-01-01

    In this report, we provide a summary of our activities regarding the goals, requirements analysis, design, and prototype implementation for the Global Legal Information Network, a joint effort between the Law Library of Congress and NASA.

  6. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, 𔃺 le. ~~rt n the

  7. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  8. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  9. Safeguards agreements - Their legal and conceptual basis

    International Nuclear Information System (INIS)

    Sanders, B.; Rainer, R.H.

    1977-01-01

    The application of Agency safeguards requires treaty arrangements (Safeguards Agreements) between the State or States concerned and the Agency. The authority for the Agency to conclude such agreements and to implement them is provided for in the Agency's Statute. On the basis of the statutory provisions safeguards principles and procedures have been elaborated. These have been laid down in: The Agency's Safeguards System 1965, extended in 1966 and 1968; and the basis for negotiating safeguards agreements with NNWS pursuant to NPT. The verification of the undertaking by the State concerned not to use items subject to safeguards for purposes contrary to the terms of the agreement is ensured through the application of various safeguards measures. Containment and surveillance measures are expected to play an increasingly important role. One of the specific features of NPT Safeguards Agreements is the establishment of national systems of accounting and control of nuclear material. The majority of the agreements concluded under the non-NPT safeguards agreements implement obligations undertaken under co-operation agreements between States for peaceful uses of nuclear energy. These agreements naturally reflect approaches adopted by the parties, in particular regarding the circumstances under which safeguards should be applied. Thus, the concepts used in the non-NPT safeguards agreements and the Safeguards System document, which is incorporated in these agreements by reference, are in continuous evolution. The Agency's Safeguards System document (INFCIRC/66/Rev.2) continues to be supplemented in practical application and through explicit decision by the Board. The non-NPT safeguards agreements contain, besides technical safeguards provisions from this document, and further provision for notification, inventories and financial matters, legal and political provisions such as sanctions in the case of non-compliance, and privileges and immunities. The paper discusses the

  10. Author Details

    African Journals Online (AJOL)

    Seeking Behavior Towards Dysmenorrhea among Female Students of a Private University in Ogun State, Nigeria Abstract PDF. ISSN: 2320-2041. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors ...

  11. Author Details

    African Journals Online (AJOL)

    Journal Home > Advanced Search > Author Details. Log in or Register ... (2013) - Articles Technical Note: Development of a Photobioreactor for Microalgae Culture ... Design, Construction and Evaluation of Motorized Okra Slicer Abstract PDF ...

  12. Author Details

    African Journals Online (AJOL)

    Monitoring on Attitudes toward Internet Fraud among Undergraduate Students of Obafemi Awolowo University, Ile-Ife Abstract PDF. ISSN: 2070-0083. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors ...

  13. Author Details

    African Journals Online (AJOL)

    , Incubators and the Effects of a Spray-Disinfectant - A Quarterly Ammonium Compound Abstract. ISSN: 1116-1043. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL ...

  14. Author Details

    African Journals Online (AJOL)

    676X. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL · News. OTHER RESOURCES.

  15. Author Details

    African Journals Online (AJOL)

    , happiness, hope and marital satisfaction among married people in Makurdi Metropolis, Nigeria Abstract. ISSN: 1596-9231. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about ...

  16. Author Details

    African Journals Online (AJOL)

    communication-style and parental neglect as predictors of aggressive tendencies among Secondary School adolescents. Abstract. ISSN: 0189-0263. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors ...

  17. Author Details

    African Journals Online (AJOL)

    Journal Home > Advanced Search > Author Details. Log in or Register to ... No 1 (2014) - Articles Knowledge and Attitudes towards Basic Cardiopulmonary Resuscitation (CPR) among Community Nurses in Remo Area of Ogun State, Nigeria

  18. Author Details

    African Journals Online (AJOL)

    Mental State Examination and the Montreal Cognitive Assessment Test in schizophrenia. Abstract PDF. ISSN: 2078-6786. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about ...

  19. Author Details

    African Journals Online (AJOL)

    ” Passages in the Context of Homosexuality Controversy: A Nigerian Perspective Abstract PDF. ISSN: 2141-7040. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL ...

  20. Author Details

    African Journals Online (AJOL)

    plant interactions and arthropod trophic structure in an endangered grassland in the Free State province, South Africa Abstract. ISSN: 1022-0119. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors ...

  1. Author Details

    African Journals Online (AJOL)

    Journal Home > Advanced Search > Author Details. Log in or Register to get ... Optical bus of centralized relay protection and automation system of medium voltage switchgear for data collection and transmission. Abstract PDF. ISSN: 1112- ...

  2. Author Details

    African Journals Online (AJOL)

    Journal Home > Advanced Search > Author Details. Log in or ... The prevention of mother-to-child HIV transmission programme and infant feeding practices ... Evaluation of a diagnostic algorithm for smear-negative pulmonary tuberculosis in ...

  3. Author Details

    African Journals Online (AJOL)

    Journal Home > Advanced Search > Author Details ... Design and Implementation of an M/M/1 Queuing Model Algorithm and its Applicability in ... Vehicle Identification Technology to Intercept Small Arms and Ammunition on Nigeria Roads

  4. Author Details

    African Journals Online (AJOL)

    509X. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL · News. OTHER RESOURCES.

  5. Nuclear Reactors and Their Legal Liability Insurance

    International Nuclear Information System (INIS)

    Ekener, H.

    1999-09-01

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

  6. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  7. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  8. 75 FR 79031 - Proposed Extension of Existing Information, Collection; Representative of Miners; Legal Identity...

    Science.gov (United States)

    2010-12-17

    ... Extension of Existing Information, Collection; Representative of Miners; Legal Identity Report; Opening and....2, 40.3, 40.4, and 40.5, Representative of Miners; 30 CFR 41.20, Legal Identity Report; 30 CFR 56... designation. Legal Identity Report Section 109(d) of the Mine Act requires each operator of a coal or other...

  9. Description of basic mining legal principles.

    Science.gov (United States)

    Schmidt, Reinhard

    2014-01-01

    The Federal Mining Act manages access, via the system of mining concessions, to areas free for mining natural resources that do not belong to the surface property and deposits' owner. These cover especially important natural resources for the economy, including coal, ore, salt, crude oil and natural gas, and also terrestrial heat. For mining operations there exist, however, the same decrees for natural resources in the property of the surface owners, which are predominantly higher-value industrial minerals such as roofing slate, basalt, quartz sand, and clays for the fireproofing industry. In the case of mining laws, administrative procedures such as issuing mining concessions, approving operating plans, and issuing permits or licenses to explore according to water rights or the Federal Immission Control Act, those authorities and departments in whose remit the projects fall are dealt with by the Mining Authority. This means that the Mining Authority is the only state point of contact for the applicant, essentially an "all-in-one" service as it will itself instigate any further participation procedures required. The classic licensing procedure of mining is the operations plan procedure, whereby the operator submits an operating plan to the Mining Authority, which then examines it to ensure it fulfills mandatory legal safety objectives. If necessary these safety objectives can be met during licensing of the operating plans by stipulating additional requirements, Depending on the subject and validity period there are overall operating plans having the widest possible remit with comprehensive participation by the authorities and basic operating plans that form the basis for every mining works. There are also special operating plans, which owing to the dynamics of mining, resolve matters that suddenly become necessary or when the basic operating plans as originally conceived were not relevant. The closing-down operating plan is the designated tool for closing down

  10. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  11. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  12. Reflections on Parental Authority

    Directory of Open Access Journals (Sweden)

    Gabriela LUPŞAN

    2016-03-01

    Full Text Available The movement in the European Union territory of the family members de jure or de facto - parents married or not, on the one hand, and their children, on the other hand, the birth of litigation related to the content, exercising or limiting the parental authority in the event at least one holder of parental authority is in a Member State other than where the minor child is, and the interest of achieving a good administration of justice within the European Union, led to the development of Community instruments in the area of parental authority, which has provisions on conflicts of jurisdiction, conflict of laws, recognition and enforceability, enforcement, legal aid and cooperation between central authorities, designating the applicable law. In the first part of the study we have analyzed the rules of jurisdiction by establishing the jurisdiction of the court hearing with an application for parental responsibility, whether there are pending divorce proceeding or not. In the second part of the study, we have limited the analysis to the rules applicable to the law causes that have as object parental authority.

  13. New generation of ''legal'' dosemeters

    International Nuclear Information System (INIS)

    Fletcher, R.

    1991-01-01

    In the early 1980s research at the National Radiological Protection Board in the UK proved the feasibility of using solid state electronics in an entirely new dosimetry technology - capable of reaching right down into the low energy photon ranges, and able to detect beta radiation. In 1988 the NRPB undertook a joint venture with Siemens Plessey Controls to develop a marketable personal dosemeter meeting full Health and Safety Executive approval as a ''legal'' instrument. The Electronic Personal Dosemeter (EPD) was thus conceived, and will reach the pre-production stage early this year. The EPD makes use of state-of-the-art silicon integrated circuit technology, with a custom amplifier and microprocessor system. The liquid crystal display continuously shows the accumulated short-term penetrating dose in terms of the Hp (10) unit, and can also show superficial dose and dose rates. Because the EPD must be continuously powered, the custom lithium battery was commissioned to ensure a minimum service interval of 12 months. The EPD is the size and weight of a small pocket pager. Although dose data can be read directly from the EPD, a comprehensive data management system is needed to effect real-life use in industry. The EPD thus communicates by infra-red link to a reader unit which interfaces an IBM-compatible PC, allowing authorized personnel to read the dose memories and perform dose alarm threshold settings. (author)

  14. The legal system of nuclear waste disposal

    International Nuclear Information System (INIS)

    Dauk, W.

    1983-01-01

    This doctoral thesis presents solutions to some of the legal problems encountered in the interpretation of the various laws and regulations governing nuclear waste disposal, and reveals the legal system supporting the variety of individual regulations. Proposals are made relating to modifications of problematic or not well defined provisions, in order to contribute to improved juridical security, or inambiguity in terms of law. The author also discusses the question of the constitutionality of the laws for nuclear waste disposal. Apart from the responsibility of private enterprise to contribute to safe treatment or recycling, within the framework of the integrated waste management concept, and apart from the Government's responsibility for interim or final storage of radioactive waste, there is a third possibility included in the legal system for waste management, namely voluntary measures taken by private enterprise for radioactive waste disposal. The licence to be applied for in accordance with section 3, sub-section (1) of the Radiation Protection Ordinance is interpreted to pertain to all measures of radioactive waste disposal, thus including final storage of radioactive waste by private companies. Although the terminology and systematic concept of nuclear waste disposal are difficult to understand, there is a functionable system of legal provisions contained therein. This system fits into the overall concept of laws governing technical safety and safety engineering. (orig./HSCH) [de

  15. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  16. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  17. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2012-12-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system.Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies.Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field.Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis.Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models.Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes. The

  18. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2013-02-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system. Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies. Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field. Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis. Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models. Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes

  19. Requirements for enrichment tools

    NARCIS (Netherlands)

    Boer, A.; Winkels, R.; Trompper, M.

    2016-01-01

    This report gives a high level overview of requirements for Enrichment tools in the Openlaws.eu project. Openlaws.eu aims to initiate a platform and develop a vision for Big Open Legal Data (BOLD): an open framework for legislation, case law, and legal literature from across Europe.

  20. A Review of Body Dysmorphic Disorder in Aesthetic Surgery Patients and the Legal Implications.

    Science.gov (United States)

    Sweis, Iliana E; Spitz, Jamie; Barry, David R; Cohen, Mimis

    2017-08-01

    Body dysmorphic disorder (BDD) is an often under-recognized yet severe psychiatric illness. There is limited guidance for plastic surgeons in the USA in how to recognize and manage patients with BDD and protect themselves from potential litigation and harm. Therefore, in collaboration with legal counsel, we remind our profession of the serious nature of patients with BDD, provide warning signs for recognizing BDD, and critically evaluate the validity of informed consent and the legal ramifications of operating on such patients in the USA. A literature review was performed to clearly define the psychopathology of BDD and identify cases of patients with BDD who underwent cosmetic surgery resulting in potential threats to the surgeon. An additional search of the legal literature was performed in collaboration with legal counsel to identify key cases of patients with BDD attempting litigation following cosmetic surgery procedures. The diagnostic criteria and psychopathology of BDD are presented. Warning signs are highlighted to alert the plastic surgeon to patients at high risk for BDD. Strategies for legal protection include a pre-procedure checklist for patients that are suspected of having a BDD diagnosis. Body dysmorphic disorder is prevalent in the cosmetic surgery population. Patients with BDD often have a poor outcome following aesthetic surgery, which can result in a dangerous or even deadly situation for the surgeon. We aim to remind aesthetic plastic surgeons of the psychopathology, severity, and specific risks associated with operating on patients with BDD while suggesting specific protective strategies. This journal requires that authors assign a level of evidence to each submission to which Evidence-Based Medicine rankings are applicable. This excludes Review Articles, Book Reviews, and manuscripts that concern Basic Science, Animal Studies, Cadaver Studies, and Experimental Studies. For a full description of these Evidence-Based Medicine ratings, please

  1. Meeting the maglev system's safety requirements

    Energy Technology Data Exchange (ETDEWEB)

    Pierick, K

    1983-12-01

    The author shows how the safety requirements of the maglev track system derive from the general legal conditions for the safety of tracked transport. It is described how their compliance beyond the so-called ''development-accompanying'' and ''acceptance-preparatory'' safety work can be assured for the Transrapid test layout (TVE) now building in Emsland and also for later application as public transport system in Germany within the meaning of the General Railway Act.

  2. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  3. Legal culture as a factor of social stability

    Directory of Open Access Journals (Sweden)

    M M Akulich

    2015-12-01

    Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

  4. The Process of Legal Drafting Regulation in the Development of the Nuclear Power Plant in Indonesia

    International Nuclear Information System (INIS)

    Amil Mardha

    2009-01-01

    In Indonesia, the process of legal drafting to establish the regulation is based on the Act No. 10 Year 2004 on the Establishment of Legislation. The process shall comply with the constitutional and institutional requirements of national political and legal system. In drafting the development of the regulation of nuclear energy, BAPETEN has been involving some other agencies or other related government agencies, and stakeholders such as utility, academic institutions, and publics. In general, in the process of legal drafting, international publications or other country regulations can be a reference and adopted. In the establishment of the regulations of nuclear energy, BAPETEN has issued some Government Regulations and Chairman Regulations of BAPETEN. For nuclear safety of NPP, the regulations have not been completed yet, but some regulations related in the area of siting of NPP have been already available. In this paper, it is discussed the process of the establishment of legislation and of the legal drafting nuclear regulation of NPP, and the current status of NPP regulations. (author)

  5. Forensic Odontology: A Boon to Community in Medico-legal Affairs

    Directory of Open Access Journals (Sweden)

    Ramasamy Chidambaram

    2016-03-01

    Full Text Available Forensic odontology is a sub-discipline of dental science which involves the relationship between dentistry and the law. The specialty of forensic odontology is applied in radiographic investigation, human bite marks analysis, anthropologic examination and during mass disasters. Besides the fact that radiographs require pretentious laboratory, it is still claimed to be a facile, rapid, non-invasive method of age identification in the deceased. The budding DNA technology has conquered the traditional procedures and currently being contemplated as chief investigating tool in revealing the hidden mysteries of victims and suspects, especially in hopeless circumstances. Forensic odontology has played a chief role in solving cold cases and proved to be strong evidence in the court of law. Systematic collection of dental records and preservation of the same would marshal the legal officials in identification of the deceased. To serve the forensic operation and legal authorities, dental professionals need to be familiar with the basics of forensic odontology, which would create a consciousness to preserve the dental data. The aim of this paper is to emphasize the vital applications of forensic odontology in medico-legal issues. Conjointly the recent advancements applied in forensic human identification have been updated. Keywords: bite marks; dental records; forensic identification; mass disaster; medico-legal issues. | PubMed

  6. Proceedings of the national workshop on radiation safety and the Nigerian legal system

    International Nuclear Information System (INIS)

    Mallam, S.P.; Elegba, S.B.; Maiyaki, M.C.

    1996-01-01

    This volume is the proceedings of the National Workshop on Radiation Safety and the Nigeria Legal System held at The Centre for Energy Research and Training, Ahmadu Bello University Zaria from 7 - 9 June, 1995. The Sole aim of the workshop was to encourage the Federal Government of Nigeria to promulgate the Decree on Nuclear Safety and Radiation Protection. The focal point of the workshop was the presentation of the various peaceful applications of nuclear energy in the national economy, albeit without any legal backing. Thus there were presentations from legal practitioners. Particular consideration was given to contribution from the Agency which dealt in great details with both the legal and infra structural requirements for nuclear safety and radiation protection. Presentation by the ministry of Foreign Affairs, Federal Ministry of Health and the Federal Environmental Protection Agency underscored the multi-sectoral and multi-dimensional nature of the concern. This volume contains the full text of 11 technical papers and also speeches by invited dignitaries presented at the workshop. The papers were fully discussed during the workshop. The organizing committee wishes to thank all authors for their presentation and cooperation in submitting manuscript promptly and the participants for there excellent contribution during the workshop

  7. Authors' Response:

    Directory of Open Access Journals (Sweden)

    E Auger

    2012-03-01

    Full Text Available In this article, the authors suggest that one method for increasing awareness of the benefits of data sharing can be affected by administering a survey, hopefully encouraging either a minority or majority influence on other members of the behavioural science community. The authors describe the process for creating such a survey and provide their survey, although untested. This is a well-timed article as the existing literature on social and behavioural science data is quite thin. The majority/minority influence of norms is a nice theoretical construct to explore. This is definitely one approach to increase awareness of the benefits of data sharing.

  8. THE CONSTITUTIONAL PRINCIPLE OF EQUALITY - LEGAL SIGNIFICANCE AND SOCIAL IMPLICATIONS -

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2017-12-01

    Full Text Available The equality in human rights and obligations, the equality of citizens before the law are fundamental categories of the theories on social democracy but also conditions of the lawful state, without which constitutional democracy cannot be conceived. In Romanian Constitution, this principle is consecrated in the form of equality of the citizens before the law and public authorities. There are also particular aspects of this principle consecrated in the Constitution. The constitutional principle of equality requires that equal treatment be applied to equal situations. This social and legal reality implies numerous interferences between the principle of equality and other constitutional principles. In this study, by using theoretical and jurisprudential arguments, we intend to demonstrate that, in relation to contemporary social reality, equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter one expresses in essence the ideas of: fairness, justice, reasonableness and fair appropriateness of state decisions to the facts and legitimate aims proposed.

  9. Disciplinary and Legal Actions Against Dermatologists in Canada.

    Science.gov (United States)

    Nasseri, Eiman

    2016-01-01

    Dermatologists face a litany of professional and legal risks in practice. To review cases of disciplinary and legal action against dermatologists in Canada. The Canadian Medical Protective Association, all 10 provincial medical colleges, and the Canadian Legal Information Institute were contacted to obtain data on legal or disciplinary action taken against dermatologists in their records. A literature review was performed regarding litigation against dermatologists in other countries. Six dermatologists in Canada faced disciplinary action in the last 5 to 30 years. Seven dermatologists and 5 other specialists in Canada faced lawsuits relating to dermatology in the last 1 to 144 years. Procedures and therapy are the most frequently sources of lawsuits against dermatologists both at home and abroad. Dermatologists need to remain vigilant to avoid disciplinary action and lawsuits from their increasing and varied interactions with patients. © The Author(s) 2015.

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    Omokhudu, OO. Vol 2, No 1 (2011) - Articles International Convergence of Accounting Standards: Issues and Challenges Abstract. ISSN: 2141-4343. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use ...

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    Kareem, MK. Vol 22 (2012): 21-22 (2011-2012) - Articles The Nigerian Statements of Accounting Standards and Ribh (Profit) in an Islamic Economy Abstract. ISSN: 2141-9744. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners ...

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    Al-Suqri, MN. Vol 12, No 1-2 (2012) - Articles Toward Virtual Universities in the Sultanate of Oman: Reality, Challenges and Perspectives Abstract PDF. ISSN: 1596-5422. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms ...

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    Ekweariri, CS. Vol 4, No 1-2 (2013) - Articles Synthetic design and the art of virtual reality in theatre and film productions. Abstract PDF. ISSN: 2449-1179. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of ...

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    Xu, H. Vol 9, No 6S (2017) - Articles An external control unit implemented for stimulator ASIC testing. Abstract PDF. ISSN: 1112-9867. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL ...

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    Kumari, N.A.K.G.E.. Vol 7, No 1 (2002) - Articles Appropriate Hydroponic systems for growing tropical leafy vegetables in greenhouse. Abstract. ISSN: 1118-2733. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and ...

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    Oladele, O. I.. Vol 7, No 1 (2002) - Articles Appropriate Hydroponic systems for growing tropical leafy vegetables in greenhouse. Abstract. ISSN: 1118-2733. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of ...

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    Okeke, K.K.. Vol 23, No 1 (2016) - Articles Overview of NoSQL and comparison with SQL database management systems. Abstract. ISSN: 2006-5523. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use ...

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    Luna, AM. Vol 8, No 1 (2008) - Articles From Complementarity to Conflict: A Historical Analysis of Farmer-Fulbe Relations in West Africa Abstract PDF. ISSN: 1562-6997. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and ...

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    Bergh, Luna. Vol 29, No 1 (2011) - Articles Met kerse op met-konstruksies1: 'n Verwysingspuntperspektief Abstract. ISSN: 1607-3614. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's Partners · Terms and Conditions of Use · Contact AJOL ...