WorldWideScience

Sample records for legal basis related

  1. 21 CFR 120.9 - Legal basis.

    Science.gov (United States)

    2010-04-01

    ... CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis. Failure of a processor to have and to implement a Hazard Analysis and Critical Control Point (HACCP... implementation of its HACCP system. ...

  2. Prohibition as ontological basis of the Russian legal reality

    Directory of Open Access Journals (Sweden)

    Andrey V. Skorobogatov

    2016-09-01

    Full Text Available Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia. nbsp Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods comparative hermeneutic discursive. Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions.

  3. 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

  4. Safeguards agreements - their legal and conceptual basis

    International Nuclear Information System (INIS)

    Sanders, B.; Rainer, R.

    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 (Articles II, III A.5 and XII). On the basis of the statutory provisions safeguards principles and procedures have been elaborated. These have been laid down in: (a) The Agency's Safeguards System 1965, extended in 1966 and 1968 (INFCIRC/66/Rev.2); and (b) The basis for negotiating safeguards agreements with NNWS pursuant to NPT (INFCIRC/153). 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 verified through the application of various safeguards measures (design review, records, reports and inspection). Containment and surveillance measures are expected to play an increasingly important role. NPT Safeguards Agreements foresee as one of their specific features the establishment of national systems of accounting and control of nuclear material. The majority of the agreements concluded under document INFCIRC/66/Rev.2 - i.e. 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 as to the circumstances under which safeguards should be applied. Thus, the concepts used in the non-NPT safeguards agreements and the safeguards system of document INFCIRC/66/Rev.2 which is incorporated in these agreements by reference are in continuous evolution. 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 document INFCIRC/66/Rev.2, and further provision for notification, inventories

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

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

    2016-12-13

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

  6. Epidemiologic measures of risk as a basis for legal compensation

    International Nuclear Information System (INIS)

    Zeighami, E.A.; Walsh, P.J.; Morris, M.D.; Jones, T.D.

    1983-01-01

    The scientific basis for compensation of persons developing cancer who have a documented history of exposure to radiation or other carcinogens is an important legal issue. The measure Relative Attributable Risk (RAR) has been proposed as a basis for determining eligibility for compensation. The purpose of this report is to present results of an analysis of the magnitude and sources of uncertainty in the RAR measure. The range of 1/10 6 /rad-year to 6/10 6 /rad-year was chosen as a reasonable range of excess-risk estimates for thyroid cancer based on published estimates. The use of such a range in risk estimates produces very wide variability in RAR estimates. Uncertainty in underlying incidence levels and in dosimetry are other major factors contributing to large variability in estimated RAR levels

  7. 14 CFR 1203.100 - Legal basis.

    Science.gov (United States)

    2010-01-01

    ... defense or foreign relations of the United States (hereinafter collectively termed “national security... states: Information obtained or developed by the Administrator in the performance of his functions under this Act shall be made available for public inspection, except (i) information authorized or required...

  8. The new legal basis of the EU's energy policy

    International Nuclear Information System (INIS)

    Farantouris, N.E.

    2011-01-01

    According to article 194 of the EU Lisbon Treaty, energy now falls within the province of European policy and is a sector for shared responsibility with member countries, in the same way as for the environment, transportation, the interior market and trans-European networks (article 4 of the Lisbon Treaty). The introduction in the Treaty of a chapter devoted to energy clearly has a political emphasis, as its shows the EU's attachment to the implementation of a coherent policy. However, its enactment carries with it not insignificant legal changes, because a specific and autonomous legal basis is established for the first time, thus allowing the Union to take decisions and actions in the area of energy. (author)

  9. Nuclear forensics-metrological basis for legal defensibility

    International Nuclear Information System (INIS)

    Leggitt, J.; Inn, K.; Goldberg, S.; Essex, R.; LaMont, S.; Chase, S.

    2009-01-01

    The admissibility of nuclear forensics measurements and opinions derived from them in US Federal and State courts are based on criteria established by the US Supreme Court in the case of Daubert v. Merrell Dow and the 2000 Amendment of Rule 702 of the Federal Rules of Evidence. These criteria are being addressed by new efforts that include the development of certified reference materials (CRMs) to provide the basis for analytical method development, optimization, calibration, validation, quality control, testing, readiness, and declaration of measurement uncertainties. Quality data is crucial for all stages of the program, from R and D, and database development, to actual casework. Weakness at any point in the program can propagate to reduce the confidence of final conclusions. The new certified reference materials will provide the necessary means to demonstrate a high level of metrological rigor for nuclear forensics evidence and will form a foundation for legally defensible nuclear chemical analysis. The CRMs will allow scientists to devise validated analytical methods, which can be corroborated by independent analytical laboratories. CRMs are required for ISO accreditation of many different analytical techniques which may be employed in the analysis of interdicted nuclear materials. (author)

  10. The legal basis for nuclear waste disposal in Switzerland

    International Nuclear Information System (INIS)

    Egloff, V.

    1981-10-01

    The legal authority for the peaceful use of nuclear energy in Switzerland is laid down in the Federal Act of 1959 on the peaceful uses of atomic energy and on protection against radiation, revised in 1978. With this revision the further development on nuclear energy has thus become dependent on fulfilment of the legal request for proof of safe and final disposal of nuclear wastes. This paper discusses in particular the obligations of nuclear waste producers in this respect. (NEA) [fr

  11. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    Directory of Open Access Journals (Sweden)

    Oleksii Drozd

    2017-12-01

    Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

  12. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

    Directory of Open Access Journals (Sweden)

    Konrad Graf

    2011-08-01

    Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

  13. The Legal Basis Which Will (Probably) Never Be Used

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2011-01-01

    for the rejection of tenders tainted by illegal State aid in the Public Procurement Directive is never going to be used by contracting authorities for economic reasons, political reasons and due to significant legal uncertainty with regard to its application; and, secondly, if the provision were to be used......This article analyses the provision in the Public Procurement Directive providing for the possibility to reject tenders as “abnormally low” when the tender is tainted by illegal State aid. Due to developments in public procurement case law and generally in the Member States, where liberalisation...... leads to situations where public tenderers tender in competition with private tenderers, there is an obvious need to control the use of illegal State aid to secure public contracts, to ensure that competition is not distorted. Two propositions are made: firstly, the current provision allowing...

  14. The legal basis of natural gas distribution technology. 2. rev. ed.

    International Nuclear Information System (INIS)

    Ambos, G.; Bramkamp, F.B.; Rienen, W. van

    1993-01-01

    The body of legal regulations reaches from general power economy laws to technical safety and environmental laws as well as to laws on construction regulations. The legal regulations laid down by the European Community in regard to the creation of a European single market are of increasing significance. The book wants to give basic information on the relevant legal areas and makes it easier to understand the structure and the systematics of the laws on power supply technology. It does so by differentiating three areas: - Survey of the legal regulatory framework: - Depiction of the basis of energy laws and the questions which arise from the practical work of the energy control board: - Survey of the technical safety and emission control laws in regard to natural-gas distribution by public utilities. (orig.) [de

  15. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    OpenAIRE

    Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

    2017-01-01

    The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

  16. Theoretical and methodological basis of the comparative historical and legal method development

    Directory of Open Access Journals (Sweden)

    Д. А. Шигаль

    2015-05-01

    three research approaches – comparative, historical and legal, comparative historical and legal method is more effective than two separate methods - comparative and historical, and comparative and legal. Epistemological potential of comparative historical and legal method is quite great, and is to ensure the integrity and continuity of the historical and legal knowledge that is carried out in comparative way. Application of this method allows you without breaking the research itself into separate semantic blocks to start and continue it both from the analysis of the "historical" and learning of the "legal". Conclusions. Value of the comparative historical and legal method in the methodology of historical and legal science will be very significant. This can be explained by the fact that this means of knowledge allows to go beyond the known and look from a different angle on already known facts and regularities of the state and legal development. In fact, a comparison in the field of the history of state and law is one of the few methodological tools capable to do away with the stereotype which has been formed in the historical and legal science recently. In addition, comparative historical and legal method can serve as the epicenter of all the research methodology, but the comparative analysis can be the main problem of scientific work with the production of relevant tasks. Comparative historical and legal method as a basis of a study directly causes its scientific novelty, because in the course of comparison of historical and legal objects those of their characteristics and features that were previously unknown are revealed, and new laws are opened.

  17. Public Relations vs. Legal Strategies in Organizational Crisis Decisions.

    Science.gov (United States)

    Fitzpatrick, Kathy R.; Rubin, Maureen Shubow

    1995-01-01

    Finds that in almost two-thirds of the cases studied, in which organizations responded to public charges of sexual harassment, legal strategy--rather than public relations strategy--was used by official spokespersons. Argues that organizations need to reconcile the often contradictory counsel of public relations and legal professionals. (SR)

  18. Legal basis of Russian origin irradiated WWER nuclear fuel import to the Russian Federation

    International Nuclear Information System (INIS)

    Kanashov, B.; Dorofeev, A.; Komarov, S.; Smirnov, V.; Kolupaev, D.; Kriger, O.

    2008-01-01

    In the process of spent nuclear fuel (SNF) returning from Armenia, Bulgaria, Hungary, Slovakia, Ukraine, Finland and the Czech Republic to the Russian Federation the following issues have to be considered: 1) Does the legal opportunity of SNF import to the RF exist? 2) Does the technical opportunity for SNF acceptance at reprocessing or disposal facility exist? 3) What are the basic conditions for SNF import? 4) What are the basic conditions for return or retaining of reprocessing products including RAW? The first issue is a legal one and has to be resolved within the framework of federal laws, RF government regulations and international agreements. The second issue is normative-technical. It is regulated by documents of Rostechnadzor (Federal agency on ecological, technological and nuclear supervision), federal norms and regulations in the field of atomic energy usage, industry standards, and in case they are absent, by technical specifications for SNF supply. The last two issues are resolved in the process of drafting foreign trade contracts on SNF import. Generally, Russian regulatory framework is developed enough to regulate SNF import and handling, even in most complicated cases. Nevertheless, when foreign trade contracts on SNF import being drafted there may be disputed regarding both SNF import and RAW return. This report concerns the RF legal and regulatory basis on terms and conditions of SNF import, interim storage, reprocessing and reprocessing products handling in the RF. (authors)

  19. Trappings of technology: casting palliative care nursing as legal relations.

    Science.gov (United States)

    Larsen, Ann-Claire

    2012-12-01

    Community palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in 'real time'. This paper is guided by Heidegger's approach to technologies and Habermas' insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing's professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients' legal rights to informational privacy and confidentiality. It explores nurses' views of their nursing responsibilities regarding clients' legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. © 2011 Blackwell Publishing Ltd.

  20. Consumer-related Legal Aspects of the Infromation Society

    DEFF Research Database (Denmark)

    Falch, Morten; Henten, Anders; Skouby, Knud Erik

    1998-01-01

    The general legal framework covering economic transactions has been created long before the creation of electronic commerce. Therefore most regulation more or less explicitly assumes that goods have a physical appearance and that all contractual issues are settled either orally or by use of paper...... into this new situation. This creates a number of legal and regulatory problems, which - if not resolved - may restrict further growth of electronic commerce. This paper deals with the consumer related aspects of this regulatory challenge....

  1. On Plagiarism and Power Relations in Legal Academia and Legal Education

    Directory of Open Access Journals (Sweden)

    Tilen Štajnpihler

    2017-12-01

    Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

  2. 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.

  3. Legal aspects related to workers and ionizing radiation

    International Nuclear Information System (INIS)

    Faria, N.M. de; Fischer, D.

    1985-01-01

    The legal aspects related to protection of the worker during its activity and in case of accident which involves dead or invalidity or occupation disease are presented. The aspects concerning to employment relation for workers in nuclear installations, and the professional liability for workers who handle ionizing radiation are discussed. (M.C.K.) [pt

  4. 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...

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

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2012-01-01

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

  6. ILLEGAL ACTS - CONDITION OF LIABILITY FOR DAMAGES CAUSED IN EXERCISING LEGAL LABOR RELATIONS

    Directory of Open Access Journals (Sweden)

    Ştefania-Alina Dumitrache

    2014-11-01

    Full Text Available According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to civil liability. The paper analyzes the objective basis of legal accountability, namely the illicit act causing damages committed in fulfilling labor duties or in connection tot hem, therewith the method detailed and comparative documentation of legislation in the field and relevant doctrine.

  7. Legalization of prostitution and decriminalization of related activities in Ukraine

    Directory of Open Access Journals (Sweden)

    Олександр Едуардович Радутний

    2016-06-01

    Full Text Available The paper discusses pros and cons of the legalization of prostitution and decriminalization of related activities, proves the necessity of resolving the issue from the perspective of human rights and interests of society, proposes changes to the current legislation of Ukraine and specific methods of information support of this process.

  8. Legalization of prostitution and decriminalization of related activities in Ukraine

    OpenAIRE

    Олександр Едуардович Радутний

    2016-01-01

    The paper discusses pros and cons of the legalization of prostitution and decriminalization of related activities, proves the necessity of resolving the issue from the perspective of human rights and interests of society, proposes changes to the current legislation of Ukraine and specific methods of information support of this process.

  9. The Labour Contract as a Basis of Appearance of Labour Relations

    OpenAIRE

    Вишновецька, Світлана Василівна; Національний авіаційний університет; Такаджі, Людмила Геннадіївна; Національний авіаційний університет

    2016-01-01

    The article is devoted to research of labour contract as a basis of appearance of labour relations. The problems of conclusion of labour contract, its entry into force, the time of appearance of the labour relationship are very topical. The labour contract is the main form of realization of the right to work, a basis of appearance of labour relations that makes legal base for their functioning. Before December 28th, 2014 the actual admission to work was a basis of appearance of labour relatio...

  10. The arithmetic basis of special relativity

    International Nuclear Information System (INIS)

    Greenspan, D.

    1976-01-01

    Under relatively general particle and rocket frame motions, it is shown that, for special relativity, the basic concepts can be formulated and the basic properties deduced using only arithmetic. Particular attention is directed toward velocity, acceleration, proper time, momentum, energy, and 4-vectors in both space-time and Minkowski space, and to relativistic generalizations of Newton's second law. The resulting mathematical simplification is not only completely compatible with modern computer technology, but it yields dynamical equations that can be solved directly by such computers. Particular applications of the numerical equations, which are either Lorentz invariant or are directly related to Lorentz-invariant formulas, are made to the study of a relativistic harmonic oscillator and to the motion of an electric particle in a magnetic field. (author)

  11. 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.

  12. The Work Performed within Special Legal Labour Relations

    Directory of Open Access Journals (Sweden)

    Radu Răzvan Popescu

    2016-05-01

    Full Text Available Objectives The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Prior Work Once the acceptance has taken place, there is a legally binding agreement and an action will lie against the party who breaches that agreement, even though it may only just have come into existence. Results An employment contract, however, is unlike most other contracts. Although the parties will have negotiated the main terms, we shall see that a large number of terms will be implied into the agreement from all sorts of different sources and will not have been individually negotiated by the parties at all. This is what makes an employment contr act so different from other contracts. Value We think this article is an important step in the disclosure of the problem eraised by this types of labour performed in different legal labour relations.

  13. Maslaha as the Philosophical, Political, and Legal Basis on the Islamic Banking Legislation in Indonesia

    Directory of Open Access Journals (Sweden)

    Abdul Ghofur

    2017-06-01

    Full Text Available Legislation on the Islamic Banking Acts in Indonesia is inseparable from the condition of national politics and global economics that continues to develop. In this paper, the main issue to be discussed is whether the formation of the Islamic Banking Act in Indonesia is based on political interests, or if there is also a legal value associated with economic development of this act. The findings suggest that the legislation on the Islamic Banking Act in Indonesia has relevance to the political and legal foundation that developed at that time; and the legislation on the Islamic Banking Act is based not only on the political but also the philosophical aspects of law that emphasize principles of the common good or maṣlaha and/ an alignment with national goals.

  14. Public relations violated by unlawful use of documents to form a legal entity

    Directory of Open Access Journals (Sweden)

    Petukhov E.V.

    2014-12-01

    Full Text Available The problems of determining the direct object of crime under article 173.2 of the RF Criminal Code are investigated. It’s noted that the article contains two independent corpus delicti. The characteristic that unites them is the direct object of crime, which is broken in two ways: by person providing the relevant documents and by person receiving these documents and information. Scientific points of view concerning the understanding of crime object are estimated. Understanding the object as a legal order of carrying out business activities doesn’t allow to outline the scope of the corresponding relations. Many crimes under chapter 22 of the RF Criminal Code impinge these relations. The author disagrees with the recognition of public relations, ensuring the use of necessary documents for registration of only those organizations that are engaged in lawful activities, as direct object of unlawful use of documents to form (establish, reorganize a legal entity. It’s emphasized that documents submission to the registering authority for registration of legal entities and individual entrepreneurs can be carried out by the applicant or his representative acting on the basis of a notarized power of attorney. The fact of forming legal entity should be connected with certain individuals. Then the organization will have certain responsible persons. The act provided by the analyzed corpus delicti, contributes to this rule violation. It’s summarized that the direct object of crime under considered article is public relations arising due to ensuring the statutory procedure for personalization and identification of responsible individual forming (establishing, reorganizing a legal entity.

  15. Securing financial independence in the legal basis of a central bank

    OpenAIRE

    Amtenbrink, Fabian

    2005-01-01

    textabstractTogether with institutional, functional and organizational independence, financial independence constitutes one of the cornerstones of central bank independence, the economic ratio of which has been demonstrated extensively in the literature. In broad terms financial independence may be defined as referring to the legal and practical arrangements identifying the finances of a central bank and the extent to which the bank is subject to outside influence in this regard. In the (lega...

  16. National legal system in relation to vulnerable population groups

    Directory of Open Access Journals (Sweden)

    Sjeničić Marta

    2015-01-01

    coordinated solution to the problem. In the field of palliative care of terminally ill persons, a solution is on the way to be reached through the Strategy for Palliative Care, by reorganizing the health system. The health system as it is cannot fulfill the needs of persons requiring palliative care. Coextensive systems enable establishing hospices as charity organizations in the non-governmental sector, mainly financed from donations. They represent a support to the health system in taking care of terminally ill patients. For now, our legal system does now allow non-governmental organizations to engage in health activities, although there were initiatives in that direction. To some extent, national regulations offer a basis for treatment of patients with rare illnesses, but without specifying their rights to a diagnosis or treatment and without more detailed regulations on the allocation of funds directed towards diagnosing rare illnesses and treatment of the ill. A lack of legal and financial prerequisites makes them subject to discrimination. The very fact that a large number of these patients are children makes them twice as endangered category of population. The legal system has recently started dealing with a regulation that would support persons suffering from rare illnesses, but the implementation of these provisions has still not completely become a reality. The Law on Health Care and Insurance defines children and women in their reproductive period as an especially vulnerable group. The Law on Rights to Healthcare for Children, Pregnant Women and Women on Maternity Leave, has recently been brought. The Law has been brought with an aim of ensuring rights to health care and transportation costs benefits for children, pregnant women and mothers during maternity leave, regardless of the basis on which they have health insurance. The reason for bringing such a law is noble, but the form of the legal act, which was supposed to realize the set goal, was overemphasized and

  17. Legal basis of the environmental impact assessment - with special regard to the question of public participation

    International Nuclear Information System (INIS)

    Erbguth, W.

    1992-01-01

    The article examines by way of example the compatibility of the national procedural law of the E/A with constraints imposed by EC law. All the isolated questions that remain unsolved point to a principal shortcoming in the implementation of the E/A. The strategy of incorporating the E/A into the existing regulations of the legal landscape of the Federal German Republic wherever possible must inevitably lead to violations and discrepancies of legal dogma, which at first sight appear partial but upon closer scruting prove to be of a fundamental nature. This has been underscored by the functional discrepancy between public participation as provided by the directive and the participation of national procedural law. Taking this into account there appears no way around a principal reorientation in the near future. This will mean complementing the forms of participation that are derived from constitutional considerations and oriented to legal impact with forms derived from the duties of a welfare state. (orig./HSCH) [de

  18. Advanced Test Reactor Safety Basis Upgrade Lessons Learned Relative to Design Basis Verification and Safety Basis Management

    International Nuclear Information System (INIS)

    G. L. Sharp; R. T. McCracken

    2004-01-01

    The Advanced Test Reactor (ATR) is a pressurized light-water reactor with a design thermal power of 250 MW. The principal function of the ATR is to provide a high neutron flux for testing reactor fuels and other materials. The reactor also provides other irradiation services such as radioisotope production. The ATR and its support facilities are located at the Test Reactor Area of the Idaho National Engineering and Environmental Laboratory (INEEL). An audit conducted by the Department of Energy's Office of Independent Oversight and Performance Assurance (DOE OA) raised concerns that design conditions at the ATR were not adequately analyzed in the safety analysis and that legacy design basis management practices had the potential to further impact safe operation of the facility.1 The concerns identified by the audit team, and issues raised during additional reviews performed by ATR safety analysts, were evaluated through the unreviewed safety question process resulting in shutdown of the ATR for more than three months while these concerns were resolved. Past management of the ATR safety basis, relative to facility design basis management and change control, led to concerns that discrepancies in the safety basis may have developed. Although not required by DOE orders or regulations, not performing design basis verification in conjunction with development of the 10 CFR 830 Subpart B upgraded safety basis allowed these potential weaknesses to be carried forward. Configuration management and a clear definition of the existing facility design basis have a direct relation to developing and maintaining a high quality safety basis which properly identifies and mitigates all hazards and postulated accident conditions. These relations and the impact of past safety basis management practices have been reviewed in order to identify lessons learned from the safety basis upgrade process and appropriate actions to resolve possible concerns with respect to the current ATR safety

  19. To the problem of improving normative legal basis of organization of local self-government in Russia

    Directory of Open Access Journals (Sweden)

    Olga Bazhenova

    2017-01-01

    Full Text Available The subject. The crisis of local self-government actualizes the problem of effectiveness oflegal regulation of the issues of its organization.The purpose of the paper is evaluation of the effectiveness of the regulatory framework forthe organization of local government.The methodology of research includes systematic analysis, formal legal method, interpretationof legislation.The results and scope of application. The crisis of local self-government actualizes the problemof effectiveness of legal regulation of the issues of its organization. Evaluation of theeffectiveness of the regulatory framework for the organization of local government is reducedto two questions: what are the limits of state legal regulation and what are the beginningof the division of powers on the organization of local government between the RussianFederation and the subjects of the Russian Federation.Recognizing the optimal legislative approach to the definition of the limits of state regulation,which assumes the creation at the federal level of a full-fledged legal mechanism for the implementationof local self-government, subject to its combination with the beginning of municipalself-regulation, the author criticizes the legislative approach to delineating the powersto organize local self-government between the Federation and the subjects of the Federation.Conclusions. Due to the legislative formula, according to which the scope of regional powersdepends on the discretion of the federal legislator, the local self-government turned out tobe "hostage" to the emerging federal relations.

  20. Research and experience report 2012. Developments in the technical and legal basis of nuclear oversight

    International Nuclear Information System (INIS)

    2013-04-01

    The Swiss Federal Nuclear Safety Inspectorate (ENSI) acts upon the basis of the latest developments in science and technology. ENSI supports and coordinates safety research, the results of which influence directly its Guidelines, individual decisions and resources. Research projects also serve training purposes and maintain competence within ENSI and its experts. The research in fuels and materials covers the reactor core and the graded approach to barriers used for the confinement of radioactive materials. Based on test results from accidents involving a loss of coolant ENSI instructed the operators of Swiss nuclear power plants to review whether they were relevant to their own facilities. Ageing mechanisms affecting structural materials are crucial to the long-term operation of nuclear power plants. Specialised thematic databases are being created in order to facilitate a systematic analysis of relevant operating experience from numerous countries. In addition to damage that may result from events within nuclear power plants, the safety analyses also reflect external events. ENSI supports international projects conducting complex experiments and simulations of aircraft accidents and earthquakes. It is involved in some projects relating to flood risks. The effect of operator behaviour on accidents in nuclear power plants is the focus point of research into human factors which identifies and analyses certain operator errors influencing negatively the course of an accident. Proposals to improve accident procedures were developed. This research area also focuses on the influence of the control room layout on the performance of operating staff. System behaviour and accident sequences in nuclear power plants are analysed in conditions ranging from normal operations through to accidents resulting in core melt-down. The results are used for the quantitative evaluation of the plant risk in probabilistic safety analyses. Applied research in radiological protection ranges

  1. Legal issues relating to the Ontario FIT contract - An update

    International Nuclear Information System (INIS)

    Weizman, Michael

    2011-01-01

    The paper discusses the legal issues related to the Ontario FIT contract, which includes the FIT waiver agreement, WTO challenge, FIT extension, political risk assessment and issues related to unforeseen events beyond human control (force majeure). The risk of termination of the FIT waiver is omitted for convenience by OPA but timing implications relating to the FIT waiver are included. The binding agreement for supply of generating equipment is also presented and the term sheet for turbine equipment and bill of purchase being understood as binding agreements is questioned. Political risks relate to existing contracts, lawsuit risks and changes to the REA process. Change in government and the implications of minority government can be added to the political risks. A successful WTO challenge has been assumed and the possible implications are discussed. Some of them include risk to FIT contracts already issued; changes in DC requirements and in FIT contract pricing and re-pricing of construction and turbine equipment supply contracts if DC requirements are relaxed.

  2. ORGANIZATIONAL AND LEGAL BASIS FOR THE USE OF AIRCRAFT IN THE AGRARIAN SECTOR OF UKRAINIAN ECONOMY

    Directory of Open Access Journals (Sweden)

    R. T. Baran

    2009-06-01

    Full Text Available The problem of determination of the principles of organizational and legislative basis of the use of aviation in Ukrainian agriculture is discussed in this article. An example of carrying out the aviation-and-chemical works in agriculture, their legislative providing and environmental safety of conduction is analyzed. The basic models of effective aviation works as well as forms of introducing the modifications and amendments into the laws in force from the viewpoint of economic safety of agricultural industry are offered.

  3. TRANSPORT CONTRACT - EXCEPTION TO THE RELATIVITY EFFECTS OF LEGAL DOCUMENT

    Directory of Open Access Journals (Sweden)

    Adriana Elena Belu

    2016-11-01

    Full Text Available The parts to the contract are the shipper freight and the carrier. But the beneficiary of the contract is the conignee, although he doesn’t take part to the signing of the contract, he is (if he is adhering to the contract acquirer of rights and obligations which result from the contract of carriage. The contract of carriage is considered an exception to the principle of relativity effects of the legal act and it is considered by some authors in the literature as a stipulation for another with certain features. Stipulation for another is the contract whereby one part (stipulate provide that the other side (promisor to give, to do or not to do something for the benefit of a third person (beneficiary who do not participate, and he doesn’t take part to the conclusion of the contract. It is considered the only real exception of the principle of relativity. Called contract for another's benefit, stipulation for another creates for the beneficiary third-part right, directly and immediately created in his benefit since the conclusion of the contract between the promisor and the stipulate. The right is created from the time of signing the contract, in the patrimony of beneficiary, regardless of beneficiary’s accepting or waivering this right.

  4. General characteristics and types of subjective duties in corporate legal relations

    OpenAIRE

    Надьон, Вікторія Валентинівна

    2017-01-01

    The processes of reforming social relations in the conditions of integration ofUkraine's economic system into the European community call for the improvement of domestic legislation in this area and the scientific substantiation of the legal problems that arise there. One of these problems is the essence of subjective responsibility in corporate legal relations.Legislative regulation of corporate legal relations takes place through the establishment of certain rights and responsibilities for ...

  5. Legal approaches to transboundary pollution - relating to nuclear activities

    International Nuclear Information System (INIS)

    Hintsteiner, G.

    2000-05-01

    This work examines the legal approaches to pollution in a transboundary context. Particular consideration is given to transboundary pollution that is related to the use of nuclear energy for peaceful purposes. Since I have chosen to approach the very topic not so much in the hope of finding a single and unequivocal answer but rather by building a circumstantial case, the present work naturally relies to a great extent on decisions of international courts and tribunals, as well as on principles and rules stemming from international law in general. The international norm that basically guides the topic is the prohibition of transboundary pollution, or, expressed as a positive duty, i.e. the obligation to prevent transboundary harm, which has found expression in Principle 21 of the Stockholm Declaration on the Human Environment. The very obligation is relevant from the perspective of prevention of environmental harm, as well as reparation when harm has actually occurred. One of the primary issues of this work accordingly relates to the obligation's preventive function, thus its extent, meaning and scope are examined, and in particular its approach to transboundary risk-creation. In the overall context of transboundary pollution the principle of the sovereign equality of states and other basic rules that directly emanate from it are of continuos importance. This work is further strongly impacted by notions of equity together with the establishment of a balancing of interests test which application merits special consideration in cases where a conflict between two states cannot be solved by mere reliance on their sovereign rights. Rules relating to the prevention of environmental harm, now increasingly guided by the Precautionary Principle, are also relevant under the law of state responsibility for wrongful acts and in the context of defining obligations erga omnes. (author)

  6. Participation of Employees in Company Management - Legal basis for its implementation in the Republic of Macedonia

    OpenAIRE

    Petkukjeski, Ljupco; Andonov, Marko; Mihajloski, Zoran; Miseva, Kristina

    2014-01-01

    The company represents a complex social organism which interests should be different from the interests of various interest groups within the company. Company employees as part of the social structure, have the right to participate in decisions relating to their position in the company and that affect their rights and interests. Participation of employees in management is democratic achievement which reduces inequality based on differences in economic strength and power. This approach allo...

  7. Research and experience report 2010 - Developments in the technical and legal basis of nuclear oversight

    International Nuclear Information System (INIS)

    2011-04-01

    This comprehensive annual report presents a review of the activities carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) in the year 2010. The inspectorate's fields of activity - fuels and materials, significant internal and external events and occurrences, human factors, system behaviour and accident sequences, radiological protection and waste disposal - are reviewed. Information on incidents in Swiss nuclear facilities are reviewed in the ENSI Surveillance Report. The Research and Experience Report also provides information on a selection of particularly instructive incidents in nuclear facilities outside Switzerland. Incidents are analysed with a view to identifying any potential relevance to Swiss nuclear facilities. International co-operation is mentioned and current changes and developments related to plant surveillance are noted. Organisational aspects are discussed and various guidelines and directives are presented and discussed

  8. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1991-01-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor) the author examines the legal aspects of public participation in the administrative procedures of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. (orig./HP) [de

  9. Contemporary Development Trends in Administrative-Legal Relations in the System of Administrative Justice

    Science.gov (United States)

    Abdikerimova, Aynur A.

    2016-01-01

    The purpose of the study is to determine the main contemporary development trends in administrative-legal relations in the field of administrative justice. In order to examine theoretical and practical issues of modern administrative justice, normative legal acts identifying the relations in the system of administrative justice in the Republic in…

  10. Research and experience report 2016 - Developments in the technical and legal basis for nuclear oversight

    International Nuclear Information System (INIS)

    2017-04-01

    Projects in the research programme of the Swiss Federal Nuclear Safety Inspectorate (ENSI) contribute to the clarification of outstanding issues, establish fundamentals and develop the tools required for its regulatory activities. International projects deliver results that Switzerland could not achieve on its own and encourage cross-border networking. The research on fuels and materials covers the reactor core and the multiple barriers for the retainment of radioactive materials especially concerning high burn-up rates and safety criteria. In 2016, the Studsvik Cladding Integrity Project in Sweden commissioned a new test facility to investigate the behaviour of fuel rods in loss of coolant accidents (LOCA). Research into structural materials focuses on ageing processes. In the NORA project at the Paul Scherrer Institute (PSI), platinum is injected into the cooling system with a view to reducing corrosion. Projects conducted under the auspices of the OECD's Nuclear Energy Agency (NEA) and relating to internal events and damage encourage the international exchange of information on incidents, accidents and component damage. Subject-specific databases are created on incidents involving fires or damage to passive metal components. In 2016 the OECD CODAP project prepared a report on reliability and integrity management in pressurised components. ENSI supports research projects on external events such as earthquakes, flooding, aircraft crashes and explosions. Within the OECD MECOS project, the behaviour of pipes subjected to powerful earthquakes was modelled; it showed improvements in the calculation of cyclic loading and on the limits for simulating elastic-plastic material behaviour under high loads. The impact of operator actions on incidents and accidents is the most important human factor in view of reducing uncertainty in probabilistic safety analyses, as well as the interfaces between humans and technical systems. System behaviour and accident sequences in

  11. Research and experience report 2009. Developments in the technical and legal basis of nuclear oversight

    International Nuclear Information System (INIS)

    2010-04-01

    intake points in the cooling water outlet. There have been defects and incidents in the construction of the new plants at Olkiluoto (Finland) and Flamanville (France) relating to concreting work and inadequate welding specifications. ENSI will develop a new surveillance concept for the construction of NPPs, so that Switzerland is prepared in time for any new builds. ENSI maintains active links with international organisations, particularly with IAEA, OECD/NEA and WENRA and also has a series of bilateral agreements with France, Germany, Austria and the USA. The ENSI contribution to current negotiations on greater global harmonisation is based on the stringent nuclear safety standards in Switzerland. At the 3 rd Review Conference of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, Switzerland received a rating of good for its Country Report: other countries welcomed the transparency of the master plan procedure and the participation of the public and neighbouring countries. The research programme at the rock laboratories of Mont Terri and Grimsel also received a positive reception. According to the main requirements of IAEA and the Swiss Nuclear Energy Act, since 1 January 2009 ENSI has been an independent nuclear regulatory body reporting directly to the Federal Council (Swiss national government). The existing ordinances and guidelines are continuously amended to accord with the recent legislation on nuclear energy and also are harmonised with international standards. A new ordinance based on the Nuclear Energy Act took effect in 2009. In addition ENSI completed 8 guidelines, either new or revisions

  12. Research and experience report 2015 - Developments in the technical and legal basis for nuclear oversight

    International Nuclear Information System (INIS)

    2016-04-01

    deterministic safety analyses. The PSI’s LINX project increases the understanding of condensation and evaporation processes within the containment during a severe accident. Research in radiological protection includes the technology used to measure radiation as well as aeroradiometry and the development of new methodologies for radionuclide analyses. Aspects relating to the decommissioning and dismantling of nuclear power plants are to be enhanced. The field of radioactive waste management comprises not only deep geological disposal but also treatment, transport and interim storage. The international DECOVALEX project is investigating coupled physical-chemical processes around deep geological repositories, used by ENSI for the modelling of bentonite and Opalinus Clay. In the FS experiment at the Mont Terri Rock Laboratory, water is injected into a geological fault, simulating the possible triggering of earthquakes in a deep geological repository. The current report gives information on some events in facilities outside Switzerland which could be relevant to Swiss nuclear facilities. In the Belgian nuclear power plant Doel-4, internal flooding occurred in the building containing the emergency diesel generators. In Swiss nuclear power plants, the emergency diesel generators are contained in different buildings; due to spatial separation, flooding of all emergency diesel generators is virtually impossible. In the Czech nuclear power plant Temelin-2, due to a leaky valve an activity discharge from the controlled zone to the non-controlled zone occurred. A single fault during assembly was sufficient to cause the defect; also, organizational defects in error detection and their rectification were highlighted. All Swiss nuclear power plants had to investigate the interfaces between the zones. At the Waste Isolation Pilot Plant deep geological repository in New Mexico, there was a release of americium and plutonium into the environment in spite of the filter systems. Alongside

  13. Legal issues related to adolescent pregnancy: current concepts.

    Science.gov (United States)

    Rhodes, A M

    1986-09-01

    Adolescent pregnancies have risen in recent years. Options open to the pregnant adolescent are: terminating the pregnancy; giving birth to the child out of wedlock; keeping the baby; giving the baby up for adoption; and marriage before or after the birth of the baby. Each of these options carries certain legal ramifications, since the adolescent patients have not reached the age of majority. The state or the parents usually assume the role of decision making on behalf of the adolescent or assist in the decision making process. Court rulings since the early seventies have legalized abortion and enlarged the rights of minors seeking termination of their pregnancies. Both parents and minors have rights under the certain state laws; parent have the right to notification, minors have the right to privacy. Keeping the child, out of wedlock, might result in legal battles over custody and/or establishing financial support from the father. Some adolescent mothers give up their children for adoption. There are 2 legal procedures that have to be accomplished before a child can be adopted: termination of the rights of the natural parents and adoption proceedings. If the parents marry after the birth of the child, the child is then considered legitimate and the father does not have to go through the process of adopting the child. Other issues requiring parental or individual consent include consent to treatment, contraception, or sterilization. In the case of forcible rape or incest, the physician is required to report incidents to law enforcement officials.

  14. The agreement as a universal means of legal regulation of property relations

    Directory of Open Access Journals (Sweden)

    Я. В. Новохатська

    2015-11-01

    Full Text Available Problem statement. The participants of the civil circulation are given the opportunity to conclude a contract which constitutes a fundamental framework of civil relations. The interests of the parties are realized through the conclusion and implementation of contracts. The agreement is a universal means of legal regulation of property relations, which provides the achievement of objectives defined by the parties. The purpose of the contract may be economic, social or other, while remaining expressed in legal terms, that is legal. Civil contracts are concluded for the purpose of transferring items of property, execution of work or providing services. Analysis of recent research works and publications. The modern theory of civil contract has been presented in the works by V.Lutsya, I. Zhylinkova, M. Sibilova and other authors. The aim of this work is define the specific features of a civil contract as a regulator of civil relations, the order of its conclusion, modification and termination, the correlation of terms and conditions that constitute its content. The main research material. A contract is an agreement between two or more parties on the establishment, modification or termination of civil rights and obligations. The agreement is a unity of the subjective element - the will and the objective element - declaration of intent. The free declaration of intent (will of the parties to a contract is one of the manifestations of freedom of agreement as one of the principles of civil law. The parties are free to conclude a contract, to choose a contracting party and determine the contract terms and conditions on the basis of the law and customs of business conduct, the principle of prudence, integrity and fairness. The concurrence of the wills of the parties - the expression of will by one party and counter-declaration by the other - creates an agreement that gives rise to a contractual relationship. That is a contract provides for expression of the

  15. Status of National Nuclear Infrastructure Development (NG-T-3.2). Basis for Evaluation - Legal, safety, security, safeguards issues

    International Nuclear Information System (INIS)

    Yllera, Javier

    2010-01-01

    A framework for achieving high levels of nuclear safety and security worldwide Builds upon: Legal Instruments; Use of IAEA SSs and security guidance; Harmonization of national regulations; Exchange of knowledge, experiences & regulatory practices and Multinational cooperation and safety reviews. The IAEA is the depository of many key international conventions and legal agreements. All countries with operating nuclear power plants are now parties to the Convention. The main objective of Convention on Nuclear Safety is to achieve and maintain a high level of nuclear safety worldwide through the enhancement of national measures and international cooperation including, where appropriate, safety related technical co-operation. All practical efforts must be made to prevent and mitigate nuclear or radiation accidents. The primary means of preventing and mitigating the consequences of accidents is “defence in depth”. Safety assessments are to be carried out and documented by the organization responsible for operating the facility, are to be independently verified and are to be submitted to the regulatory body as part of the licensing or authorization process. Licensing process must be well-defined, clear, transparent and traceable. The public should be given an opportunity to provide their views during certain steps of the licensing process

  16. [Possible relation between clinical guidelines and legal standard of medicine].

    Science.gov (United States)

    Furukawa, Toshiharu; Kitagawa, Yuko

    2010-10-01

    Legal standard of medicine is not equal across the all kinds of medical institutions. Each medical institution is required its respective standard of medicine in which its doctors are expected to have studied medical informations, which have been spread among medical institutions with similar characteristics. Therefore, in principle, clinical guidelines for the treatment of a disease formed by public committees do not directly become the medical standards of respective disease treatment. However, doctors would be legally required to practice medicine with reference to the clinical guidelines because medical informations, mediated by internet or many kinds of media, have been spread very fast to all medical institutions these days. Moreover, doctors would be required to inform their patients of non-standardized new treatments, even if such treatments are not listed in clinical guidelines in case patients have special concern about new treat-

  17. [Current legal questions in relation to autologous blood transfusion and legally controlled blood donation in Germany].

    Science.gov (United States)

    Biermann, E

    1994-11-01

    If a patient suffers any damage from treatment, the persons involved in transfusion medicine might be made liable according to civil and penal law for violations against the standards prescribed by the codes of performance and ethics of the individual professions. In order to avoid organisational liability, criteria for adequate patient care must be created which regulate facilities and equipment as well as staff. The typical hazards encountered in interdisciplinary cooperation between specialists of various branches of medicine must be counteracted by a constructive division of tasks and responsibilities. The participating physicians are moreover liable within the scope of the German law forbidding so-called 'unlawful interference with the possession of another' in the case of failure to obtain legally binding consent--usually resulting from inadequacies in informing the patient. The landmark decision by the German Federal Court of Justice on instructing patients about the risks of and alternatives to blood transfusions forces all those involved to take the consequences with regard to instructing patients about the risk of transfusions and concerning the implementation of techniques for sparing and replacing allogenic blood.

  18. Dying to starve: A comparative analysis of legal aspects relating to ...

    African Journals Online (AJOL)

    The authors explore the legal complexities surrounding the force-feeding of anorexic patients. Due to the myriad of difficulties relating to anorexia nervosa, treatment is intricate. The aim of this exposition is to clarify legal issues of consent and self-determination, with regard to both adult and minor patients. In addition, the ...

  19. Legal regulation of public relations related to the use of the Internet

    Directory of Open Access Journals (Sweden)

    О. Ю. Битяк

    2015-05-01

    Full Text Available Problem setting. Using Internet technologies is essential to the functioning of public institutions and the economy, public policy in conditions of world globalization. Continues to be problematic issue of protecting the rights and interests of individuals and businesses in the Internet. The issue of legal regulation of social relations associated with the use interenet technology is also controversial in terms of academics conceptually – appropriate or not regulation of such relationship, what is the relationship that their essence and that their contents. Recent research and publications analysis. Known for lawyers is to look at the relationship as a product of interaction between people and all kinds and forms relationships arising and function in society is public, aimed at meeting the needs and interests of individuals or their associations. However, the relationship between certain subjects arise and only in such circumstances may use legal mechanisms for the settlement of constitutional, civil, administrative, economic, legal and other relations. In all cases of this relationship is at least two parties, the two entities for the right (law does not matter in which organizational and legal state, they are relative to each other. It is important that they enter into relationships with each other, and these relations can settle right. Participants Internet relationship certainly serve certain organizations and individuals, but they are not identified as personalities. Each participant may make Internet network any information, preferably only that it did not cause harm to others. Unfortunately this is not always the case. On the Internet you can find data relating to individuals, the way is not always true, but set them Distributor virtually impossible. In the Internet greatly increased the number of entities that use of the Internet in various fields - social, economic, political, cultural, religious, gender, etc. In this regard, we can

  20. Legal instruments related to the application of safeguards

    International Nuclear Information System (INIS)

    Rockwood, Laura

    2001-01-01

    The legal framework of IAEA safeguards consists of a number of elements, not at all of which are documents. These elements include the Statute of the IAEA; treaties and supply agreements calling for verification of nonproliferation undertakings; the basic safeguards documents, the safeguards agreements themselves, along with the relevant protocols and subsidiary arrangements; and finally, the decisions, interpretations and practices of the Board of Governors. After a discussion of these elements the major differences between the various types of IAEA safeguards agreements are outlined. Finally the procedures involved in the initiation, negotiation, conclusion and amendment of safeguards agreements are described. (author)

  1. Legal instruments related to the application of safeguards

    International Nuclear Information System (INIS)

    Rames, J.

    1999-01-01

    This presentation discusses the legal framework of IAEA Safeguards which consists of a number of elements, including agreements calling for verification of nonproliferation undertakings, basic safeguards documents (INFCIRC/66/Rev.2, INFCIRC/153 (Corr..), INFCIRC/540 (Corr.), INFCIRC/9/Rev.2, GC(V)/INF/39), the safeguards agreements themselves, along with the relevant protocols and subsidiary arrangements, and finally the decisions, interpretations and practices of the Boards of Governors. Major differences between the various types of IAEA safeguards agreements are outlined. Procedures involved in the initiation, negotiation, conclusion and amendment of safeguard agreements are described

  2. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1992-02-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor), the author examines the legal aspects of public participation in the administrative procedure of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. This is reflected also in studies of the legal functions of public participation, according to which the lawfulness of procedures is observed without, however, the legitimacy of the project being achieved. (orig./HP) [de

  3. On the brink: how business owners experience business-related and other legal problems

    OpenAIRE

    Balmer, N. J.; Pleasence, P.

    2017-01-01

    New analysis of LAW Survey data has identified three distinct groups among business owners according to their likelihood of experiencing business-related and other types of legal problems ‒ ‘normal’, ‘highly elevated’ and ‘extreme’. As is the case with individuals, a relatively small proportion of business owners account for the bulk of problems. Targeted legal assistance services are needed for this group.

  4. Incidence of legal blindness from age-related macular degeneration in denmark: year 2000 to 2010

    DEFF Research Database (Denmark)

    Bloch, Sara Brandi; Larsen, Michael; Munch, Inger Christine

    2012-01-01

    To report incidence rates of legal blindness from age-related macular degeneration (AMD) and other causes in Denmark from years 2000 to 2010 in the age group at risk of AMD aged 50 years and older.......To report incidence rates of legal blindness from age-related macular degeneration (AMD) and other causes in Denmark from years 2000 to 2010 in the age group at risk of AMD aged 50 years and older....

  5. LEGAL ISSUES RELATED TO THE SHARIAH ADVISORY COUNCIL IN MALAYSIA

    Directory of Open Access Journals (Sweden)

    Norhashimah Mohd Yasin

    2013-08-01

    Full Text Available Malaysia has always aspired to be the hub for Islamic banking and finance. Various measures have been, and are being, carried out to promote Malaysia as an international Islamic banking and financial centre. As the backbone for this, the national Shariah Advisory Council (SAC has been established under the auspices of the Central Bank of Malaysia Act 1958 (CBMA. Under the CBMA, the SAC has been conferred a statutory function as the authority for the ascertainment of Islamic law for the purposes of Islamic banking, as well as business and other types of Islamic financial businesses. In 2009, the CBMA 1958 was replaced and repealed. With the coming into force of the CBMA 2009, the role and functions of the SAC was reinforced and upgraded in terms of appointments of members and, most importantly, that the Shariah rulings pursuant to any reference made to the SAC by the Civil court or arbitrator concerning Shariah matters shall be binding on the Islamic financial institutions as well as on the court and any arbitrator. The issue of whether or not the SAC is the final arbiter on Islamic banking and finance disputes or, in other words, there is no longer a process of judicial review where it involves Shariah matters, will be the highlight of this paper. To what extent does the post CBMA 2009 solve the binding nature of the SAC upon the Civil courts of Malaysia as its rulings and directives are only relevant to ‘Shariah’ issues? What would be the situations if the issues of the Islamic banking and finance cases are deemed not to amount to a ‘Shariah’ issue, but are purely on banking, land matters or contractual interpretations? Has there any actual legal reform been brought about by this amendment or is it merely a cosmetic changes? If the court were to be bound by the SAC rulings, does this not usurp the independence of the judiciary which is the corner stone of the principle of separation of powers between the executive, the legislature and

  6. Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

    Directory of Open Access Journals (Sweden)

    Kushwah, Shivpal Singh

    2016-09-01

    Full Text Available Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM, and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

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

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

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

  8. DART - for design basis justification and safety related information management

    International Nuclear Information System (INIS)

    Billington, A.; Blondiaux, P.; Boucau, J.; Cantineau, B.; Doumont, C.; Mared, A.

    2000-01-01

    DART is the acronym for Design Analysis Re-engineering Tool. It embodies a systematic and integrated approach to NPP safety re-assessment and configuration management, that makes use of Reverse Failure Mode and Effect Analysis in conjunction with a state-of-the-art relational database and a standardized data format, to permit long-term management of plant safety related information. The plant design is reviewed in a step-by-step logical fashion by constructing fault trees that identify the link between undesired consequences and their causes. Each failure cause identified in a fault tree is addressed by defining functional requirements, which are in turn addressed by documenting the specific manner in which the plant complies with the requirement. The database can be used to generate up-to-date plant safety related documents, including: SAR, Systems Descriptions, Technical Specifications and plant procedures. The approach is open-minded by nature and therefore is not regulatory driven, however the plant licensing basis will also be reviewed and documented within the same database such that a Regulatory Conformance Program may be integrated with the other safety documentation. This methodology can thus reconstitute the plant design bases in a comprehensive and systematic way, while allowing to uncover weaknesses in design. The original feature of the DART methodology is that it links all the safety related documents together, facilitating the evaluation of the safety impact resulting from any plant modification. Due to its capability to retrieve the basic justifications of the plant design, it is also a useful tool for training the young generation of plant personnel. The DART methodology has been developed for application to units 2, 3 and 4 at Vattenfall's Ringhals site in Sweden. It may be applied to any nuclear power plant or industrial facility where public safety is a concern. (author)

  9. DART - for design basis justification and safety related information management

    International Nuclear Information System (INIS)

    Billington, A.; Blondiaux, B.; Boucau, J.; Cantineau, B.; Mared, A.

    2001-01-01

    DART is the acronym for Design Analysis Re-Engineering Tool. It embodies a systematic and integrated approach to NPP safety re-assessment and configuration management, that makes use of Reverse Failure Mode and Effect Analysis in conjunction with a state-of-the-art relational database and a standardized data format, to permit long-term management of plant safety related information. The plant design is reviewed in a step-by-step logical fashion by constructing fault trees that identify the link between undesired consequences and their causes. Each failure cause identified in a fault tree is addressed by defining functional requirements, which are in turn addressed by documenting the specific manner in which the plant complies with the requirement. The database can then be used to generate up-to-date plant safety related documents, including: SAR, Systems Descriptions, Technical Specifications and plant procedures. The approach is open-minded by nature and therefore is not regulatory driven, however the plant licensing basis will also be reviewed and documented within the same database such that a Regulatory Conformance Program may be integrated with the other safety documentation. This methodology can thus reconstitute the plant design bases in a comprehensive and systematic way, while allowing to uncover weaknesses in design. The original feature of the DART methodology is that it links all the safety related documents together, facilitating the evaluation of the safety impact resulting from any plant modification. Due to its capability to retrieve the basic justifications of the plant design, it is also a useful tool for training the young generation of plant personnel. The DART methodology has been developed for application to units 2, 3 and 4 at Vattenfall's Ringhals site in Sweden. It may be applied to any nuclear power plant or industrial facility where public safety is a concern. (author)

  10. Defendant’s free will in legal collaboration and its relation with pre-trial detention

    Directory of Open Access Journals (Sweden)

    Antonio Henrique Graciano Suxberger

    2017-03-01

    Full Text Available The legal collaboration, a type of evidence used on organized crime prosecutions, demands free will of the defendant. Appraising the defendant’s free will, many critics cover the deals made with an arrested defendant during the negotiation of the legal collaboration. These two institutes — legal collaboration and pre-trial detention —, although they do not present themselves as a cause-effect relation, commonly are approached in practice as associated. This essay intends to evaluate the defendant’s free will during pre-trial detention and the legal collaboration’s bargaining. It asserts a strict and clear relation between pre-trial detention and the legal collaboration bargaining. Identifying occasional problems do not imply the conclusion on the existence of a structural problem to legal collaboration institute. This consideration is relevant to avoid superficial solutions that could fragilize even more the held defendant. Methodologically, from a literature review and document analysis about the subject, the paper clarifies what is a “criminal case” and what it means to the study.

  11. Evaluation of owner attachment to dogs on the basis of whether owners are legally considered guardians of their pets.

    Science.gov (United States)

    Helms, Timothy D; Bain, Melissa J

    2009-04-01

    To evaluate whether dog owners who are legally considered guardians are more attached to their dogs than those who are not. Cross-sectional study. Dog owners from northern California. 274 dog owners completed a standardized survey while visiting full-service veterinary and mobile vaccination clinics in a city in which dog owners were legally designated as owner/guardian and in another city in which no such designation was made. Degree of owner attachment to their dog was assessed with a standardized scale. The degree to which owners were attached to their dog was associated with city of residence, owner age, and whether owners were completely satisfied with their dog's behavior. Owners residing in the guardian city had a lower attachment score. There was no significant difference in the percentage of dogs vaccinated against rabies in each city, nor was there any difference in the percentage of licensed dogs. Attachment scores did not differ between participants who visited mobile versus free-standing clinics. Owners with > 1 dog in their household reported a higher degree of attachment to the study dog than did owners of 1 dog. Dog owners residing in a city where owners were legally designated as an owner/guardian were no more attached to their dog than those living in a city without such a designation. Although results did not indicate a negative impact of the term guardian, its use was not associated with an enhanced bond between owner and dog.

  12. The new legal basis of the EU's energy policy; La nouvelle base juridique de la politique energetique de l'UE

    Energy Technology Data Exchange (ETDEWEB)

    Farantouris, N.E. [Universite du Piree, Dept. d' Etudes Internationales et Europeennes (Greece)

    2011-01-15

    According to article 194 of the EU Lisbon Treaty, energy now falls within the province of European policy and is a sector for shared responsibility with member countries, in the same way as for the environment, transportation, the interior market and trans-European networks (article 4 of the Lisbon Treaty). The introduction in the Treaty of a chapter devoted to energy clearly has a political emphasis, as its shows the EU's attachment to the implementation of a coherent policy. However, its enactment carries with it not insignificant legal changes, because a specific and autonomous legal basis is established for the first time, thus allowing the Union to take decisions and actions in the area of energy. (author)

  13. Awareness of legal and social issues related to reproductive health among adolescent girls in rural Varanasi.

    Science.gov (United States)

    Kansal, Sangeeta; Singh, Sweta; Kumar, Alok

    2017-01-01

    Data on awareness of adolescent's on the legal and social issues/acts related to reproductive health, especially in rural areas, are scarce. The aim of the present cross-sectional study is to assess the awareness level of legal and social issues related to reproductive health and its association with the various individual and family/household level characteristics. 650 adolescent girls in the age group of 15-19 years were interviewed with the help of pretested and semistructured questionnaire and focus group discussions were also conducted for qualitative findings in Chiraigaon block of district Varanasi. It was observed that 42.9% of the respondents were aware of legal age of marriage, 14.9% knew about the right age of childbearing. Dowry prohibition act and domestic violence act were known to 46% and 27% respondents, respectively, and only 2.6% were aware of medical termination of pregnancy act. Logistic regression analysis shows the significant effect of education on awareness of legal age of marriage, right age of childbearing, domestic violence, and dowry prohibition acts, which is also supported by qualitative findings. All the important legal issues/acts should be included in high school curriculum and female teachers should be involved in training program for adolescents. Role of mass media in creating awareness about these issues in their routine programs should be ascertained. Accredited Social Health Activist and Anganwadi workers should be aware of and include these issues/acts in adolescent meetings.

  14. Legal and institutional frameworks for government relations with citizens

    International Nuclear Information System (INIS)

    Caddy, J.

    2000-01-01

    Unacceptably low or declining confidence in public institutions in OECD Member countries has led governments to view the issue of government-citizen relations with growing concern and to take initiatives to strengthen this fundamental relationship. Governments have begun to realize that they can better anticipate citizens' evolving and multiple needs by pro-actively involving them in the policy-making process in order to develop solutions to issues as they first appear, and not when they become pressing problems. When government succeeds in anticipating citizens' needs and aspirations, it earns currency in the form of trust. The price of failure is a loss of legitimacy. The conditions for trust in government include a well-educated citizenry, transparent processes and accountability. Government needs to establish a 'level playing field' so that citizens can see that their interests are being treated fairly. Citizens, for their part, need to learn to value fairness in government over special favours for well-connected groups. Transparency in government helps to assure citizens that they are being treated fairly. Accountability helps ensure that government failures are corrected and that public services meet expectations. Governments increasingly realize that they will not be able to conduct and effectively implement policies, as good as they may be, if their citizens do not support them. (author)

  15. Subordinate Mechanism of Legal Regulation of Relations in the Framework of the Contract Procurement System to Meet the Needs of the Public

    Directory of Open Access Journals (Sweden)

    Evgeny V. Solomonov

    2016-01-01

    Full Text Available The article discusses the theoretical issues of legal regulation mechanism features of separate stages of public procurement. Conclusions about the legal nature of the type of legal regulation, its relationship with the peculiarities of the legal facts and legal relations are given.

  16. Integrating Public Relations and Legal Responses during a Crisis: The Case of Odwalla, Inc.

    Science.gov (United States)

    Martinelli, Kathleen A.; Briggs, William

    1998-01-01

    Examines the crisis-communication strategies employed by Odwalla, Inc. during its juice contamination crisis, a crisis whose impact on public health and safety gave it the potential for developing into an issue that required public policy relief. Finds that public-relations response strategies dominated legal response strategies, followed by mixed…

  17. Aspectos legales relacionados con las úlceras por presión Legal aspects related to pressure ulcers

    Directory of Open Access Journals (Sweden)

    J. Javier Soldevilla Agreda

    2006-12-01

    hace años" en España. Finalmente la exposición pormenorizada y comentada de los pronunciamientos judiciales de los casos relacionados con estas lesiones de los últimos años, permiten concluir que, a pesar del creciente número de sentencias que hacen mención a las UPP, son simbólicas las que con rotundidad pronuncian como causa de éstas una deficiencia en los cuidados, negligencia o mala praxis y llama la atención las raquíticas condenas e indemnizaciones. Tal vez el mismo e histórico espíritu de devaluación de estas lesiones, presente en ámbitos profesionales y en la sociedad en general, se ha trasladado a la judicatura, especialmente de la mano de peritos y/o forenses, no alcanzando a cifrar la dimensión real del problema (pérdida de salud y calidad de vida y las fatales consecuencias de las UPP (incluida la muerte por esa causa y olvidando que son previsibles casi en la totalidad de las situaciones.Over the past few years, Spain has been experiencing a significant increase in questionable health care practices. During the long process which aims to dismiss pressure ulcer (PU as a banal, especially inevitable process due to being closely related to old age and terminal illness, it is becoming apparent that patients and their families are now reacting, complaining and suing for lack of prevention or inadequate treatment, something that has already been happening for years in other countries with similar cultural and economic characteristics. A revision on the impact and the way the pressure ulcer issue is being legally dealt with in our surrounding countries (United Kingdom, United States, Germany... from the point of view of penal law, civil law or through disciplinary procedures, has made a very noticeable difference in the way professionals, institutions and people behave with regards to this subject. With an entirely instructive purpose, the legal configuration of our country's health care practice is described, as well as the types of liability

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

    Directory of Open Access Journals (Sweden)

    V.V. Ievdokymov

    2017-12-01

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

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

    International Nuclear Information System (INIS)

    2004-01-01

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

  20. 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

  1. 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

  2. Difficulties are multiplying - topical legal issues relating to nuclear waste disposal

    International Nuclear Information System (INIS)

    Strassburg, W.

    1985-01-01

    The report points out topical legal issues relating to nuclear waste disposal, yet leaves no doubt that the technical-scientific concept for nuclear waste disposal incorporated into the nuclear energy law in 1976 was a success. Nonetheless it is desirable that there should be persistent efforts especially on the part of parliament when issuing legislation or statutory orders to reach greater clearness and thus predictability in areas where technology has been proven by many years of practice. (orig./HSCH) [de

  3. Feed Basis for Processing Relatively Low Radioactivity Waste Tanks

    International Nuclear Information System (INIS)

    Pike, J.A.

    2002-01-01

    This paper presents the characterization of potential feed for processing relatively low radioactive waste tanks. The feed characterization is based on waste characterization data extracted from the waste characterization system. This data is compared to salt cake sample results from Tanks 37, 38 and 41

  4. A Legal Analysis of Federal Disability Law as Related to Emerging Technology: Guidelines for Postsecondary Leadership, Policy, and Practice

    Science.gov (United States)

    Ford, Roderick Dwayne

    2014-01-01

    This dissertation identified and described the legal requirements imposed by federal disability mandates and case law related to emerging technology. Additionally, the researcher created a legal framework (guidelines) for higher education institutions to consider during policy development and implementation of emerging technology by providing an…

  5. A dual first-postulate basis for special relativity

    CERN Document Server

    Coleman, B

    2003-01-01

    An overlooked straightforward application of velocity reciprocity to a triplet of inertial frames in collinear motion identifies the ratio of their cyclic relative velocities' sum to the negative product as a cosmic invariant - whose inverse square root corresponds to a universal limit speed. A logical indeterminacy of the ratio equation establishes the repeatedly observed unchanged speed of stellar light as one instance of this universal limit speed. This formally renders the second postulate redundant. The ratio equation furthermore enables the limit speed to be quantified - in principle - independently of a limit speed signal. Assuming negligible gravitational fields, two deep-space vehicles in non-collinear motion could measure with only a single clock the limit speed against the speed of light - without requiring these speeds to be identical. Moreover, the cosmic invariant (from dynamics, equal to the mass-to-energy ratio) emerges explicitly as a function of signal response time ratios between three coll...

  6. Legal and medical aspects of the ethics committee’s work relating to abortion

    Directory of Open Access Journals (Sweden)

    Ponjavić Zoran

    2011-01-01

    Full Text Available This paper analyses the legal and medical aspects of the work of ethics committees on abortion. According to the legislation of the Republic of Serbia, these committees are competent to determine justifiable terms for abortion after the twentieth week of the fetus. It is well known that abortion is not only a medical but a legal, ethic, social and demographic problem as well. A liberal solution in view of abortion in the first trimester has been accepted in most European countries, as by the legislature of the Republic of Serbia. Since prenatal diagnosis cannot always determine the fetus state with certainty but at times may do so at a later stage, abortion is then required when the child is already capable of extrauterine life. The necessity for performing abortion in the third trimester is thus a result of good knowledge of techno-medicine but also from the limited information it provides. In such situations, the physician needs confirmation and justification of his standpoint with respect to abortion through a legal formulation which should contain "minimum moral". Society has found a way to protect and help him through moral and ethic forms of prevention without anybody’s emotions being affected. Ethics committees should thus help the physician in view of determining the terms for performing late abortion, since the rules of doctor’s ethics are not sufficient in this case. The article especially analyses the work of the Ethics Committee of the Clinical Center in Kragujevac in the period 2000-2010. It is stated that the largest number of cases referred to determined diseases or fetus anomalies while only a negligible number (11.29% to the illness of the mother. There were no requests for abortions due to legal reasons (pregnancies from criminal offences. A significant number (40.28% of requests submitted to the Ethics Committee related to pregnancies under the 24th week of pregnancy. Since a pregnancy of 24 weeks represents a boundary

  7. Molecular Basis of Alcohol-Related Gastric and Colon Cancer.

    Science.gov (United States)

    Na, Hye-Kyung; Lee, Ja Young

    2017-05-24

    Many meta-analysis, large cohort studies, and experimental studies suggest that chronic alcohol consumption increases the risk of gastric and colon cancer. Ethanol is metabolized by alcohol dehydrogenases (ADH), catalase or cytochrome P450 2E1 (CYP2E1) to acetaldehyde, which is then further oxidized to acetate by aldehyde dehydrogenase (ALDH). Acetaldehyde has been classified by the International Agency for Research on Cancer (IARC) as a Group 1 carcinogen to humans. The acetaldehyde level in the stomach and colon is locally influenced by gastric colonization by Helicobacter pylori or colonic microbes, as well as polymorphisms in the genes encoding tissue alcohol metabolizing enzymes, especially ALDH2. Alcohol stimulates the uptake of carcinogens and their metabolism and also changes the composition of enteric microbes in a way to enhance the aldehyde level. Alcohol also undergoes chemical coupling to membrane phospholipids and disrupts organization of tight junctions, leading to nuclear translocation of β-catenin and ZONAB, which may contributes to regulation of genes involved in proliferation, invasion and metastasis. Alcohol also generates reactive oxygen species (ROS) by suppressing the expression of antioxidant and cytoprotective enzymes and inducing expression of CYP2E1 which contribute to the metabolic activation of chemical carcinogens. Besides exerting genotoxic effects by directly damaging DNA, ROS can activates signaling molecules involved in inflammation, metastasis and angiogenesis. In addition, alcohol consumption induces folate deficiency, which may result in aberrant DNA methylation profiles, thereby influencing cancer-related gene expression.

  8. Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

    Science.gov (United States)

    Ferguson, Laura; Nicholson, Alexandra; Henry, Ian; Saha, Amitrajit; Sellers, Tilly; Gruskin, Sofia

    2018-01-01

    There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent. We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews. The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (in)action. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies. Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy) can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal environment

  9. Assessing changes in HIV-related legal and policy environments: Lessons learned from a multi-country evaluation.

    Directory of Open Access Journals (Sweden)

    Laura Ferguson

    Full Text Available There is growing recognition in the health community that the legal environment-including laws, policies, and related procedures-impacts vulnerability to HIV and access to HIV-related services both positively and negatively. Assessing changes in the legal environment and how these affect HIV-related outcomes, however, is challenging, and understanding of appropriate methodologies nascent.We conducted an evaluation of a UNDP project designed to strengthen legal environments to support the human rights of key populations, in particular LGBT populations, women and girls, affected by HIV in sub-Saharan Africa. We analyzed data on activities designed to improve legal environments through a systematic document review and 53 qualitative interviews.The project made substantial strides towards legal change in many places, and examples provide broader lessons for work in this area. Two core pillars appear fundamental: a government-led participatory assessment of the legal environment, and building the capacity of those impacted by and engaged in this work. Systematic attention to human rights is vital: it can help open new spaces for dialogue among diverse stakeholders, foster new collaborations, and ensure local ownership, nuanced understanding of the political landscape, attention to marginalized populations, and accountability for (inaction. Entry points for effecting legal change go beyond "HIV laws" to also include other laws, national policies and strategies.Conducting legal environment assessments, multi-stakeholder dialogues, action planning and related activities, alongside capacity building, can contribute to changes in knowledge and attitudes directly relevant to reforming laws that are found to be harmful. Shorter-term goals along the causal pathway to legal change (e.g. changes in policy can constitute interim markers of success, and recognition of these can maintain momentum. Increasing understanding of progress towards changes in the legal

  10. Relating precipitation to fronts at a sub-daily basis

    Science.gov (United States)

    Hénin, Riccardo; Ramos, Alexandre M.; Liberato, Margarida L. R.; Gouveia, Célia

    2017-04-01

    High impact events over Western Iberia include precipitation extremes that are cause for concern as they lead to flooding, landslides, extensive property damage and human casualties. These events are usually associated with low pressure systems over the North Atlantic moving eastward towards the European western coasts (Liberato and Trigo, 2014). A method to detect fronts and to associate amounts of precipitation to each front is tested, distinguishing between warm and cold fronts. The 6-hourly ERA-interim 1979-2012 reanalysis with 1°x1° horizontal resolution is used for the purpose. An objective front identification method (the Thermal Method described in Shemm et al., 2014) is applied to locate fronts all over the Northern Hemisphere considering the equivalent potential temperature as thermal parameter to use in the model. On the other hand, we settled a squared search box of tuneable dimension (from 2 to 10 degrees long) to look for a front in the neighbourhood of a grid point affected by precipitation. A sensitivity analysis is performed and the optimal dimension of the box is assessed in order to avoid over(under) estimation of precipitation. This is performed in the light of the variability and typical dynamics of warm/cold frontal systems in the Western Europe region. Afterwards, using the extreme event ranking over Iberia proposed by Ramos et al. (2014) the first ranked extreme events are selected in order to validate the method with specific case studies. Finally, climatological and trend maps of frontal activity are produced both on annual and seasonal scales. Trend maps show a decrease of frontal precipitation over north-western Europe and a slight increase over south-western Europe, mainly due to warm fronts. REFERENCES Liberato M.L.R. and R.M. Trigo (2014) Extreme precipitation events and related impacts in Western Iberia. Hydrology in a Changing World: Environmental and Human Dimensions. IAHS Red Book No 363, 171-176. ISSN: 0144-7815. Ramos A.M., R

  11. Legal Issues Related to Donation of Organs, Tissues and Cells of Human Origin

    Directory of Open Access Journals (Sweden)

    Gabriela Mironov

    2010-06-01

    Full Text Available Scientific developments, positive changes in attitude of the man and the new legal framework allow the donation of organs, tissues and cells of human origin. In this context it is necessary to clarifywhether the donation covered by the special law is, legally, one and the same as that covered by the Romanian Civil Code in force and qualified the successor’s right to accept or reject late withdrawals for transplantation. The right to life and physical integrity is personal patrimony; it is a subjective civil right that has no economic content and it cannot be measured in money. Consequently, the content of these rights can not be expressed in money, the property does not belong to their owner. Given the above view, "the right of disposal" to donation of organs, tissues and cells of human origin is an attribute of ownership, right to life and physical integrity, as a personal right that is an intimate attribute patrimonial related to the person’s right to dispose of his body as it wishes, within the law. Addressing these issues it is necessary to clarify the legal consequences of donating organs, tissues and cells of human origin, considering that medical activities are becoming more numerous.

  12. Emission certificates. Legal, tax-related and practical aspects; Emissionszertifikate. Rechtliche, steuerliche und praktische Aspekte

    Energy Technology Data Exchange (ETDEWEB)

    Hack, Christoph; Bartholl, Carsten; Hartmann, Astrid (eds.)

    2011-07-01

    The book discusses the issue of emission certificates from the view of public law, civil law and tax law, in consideration of practical experience with emission reduction projects. The subjects discussed range from emission trading from the view of public law to the civil law and regulatory law aspects of emission trading and taxation law. The legal situation in Germany is covered from the view of public and private law. The state of legislation on emission reduction in the USA is gone into, and practical experience relating to the Clean Development Mechanism is presented. (orig./RHM)

  13. [Health-related consequences of obstructive sleep apnea: daytime sleepiness, accident risk and legal aspects].

    Science.gov (United States)

    Orth, M; Kotterba, S

    2012-04-01

    Daytime sleepiness for any reason leads to impairment of daytime performance and an increased accident rate. The consequences are an increase of illness- and accident-related costs for the health system. Obstructive sleep apnea (OSA) is one of the major reasons for increased daytime sleepiness, especially in professional drivers. The accident frequency in OSA can be significantly reduced by adequate continuous positive airway pressure (CPAP) therapy. Up till now there are no uniform legal regulations about the handling of OSAS patients or patients with daytime sleepiness due to other diseases as far as driving ability is concerned.

  14. Perspectives on the divorce process: parental perceptions of the legal system and its impact on family relations.

    Science.gov (United States)

    Pruett, M K; Jackson, T D

    2001-01-01

    Through semistructured interviews, divorcing parents provide a consumer perspective of the legal process of divorce discussed in law and mental health literature. The parents offer a heightened awareness of families' basic needs within the legal system that may otherwise be overlooked by professionals. This article focuses on narrative accounts provided by 41 divorcing parents to describe both their positive and negative experiences with the legal system and court-related professionals. Although many parents entered the divorce process with hopes for a fair and reasonable experience and outcome, only 12 percent of the parents ended the process with positive expectations. Parents conveyed feelings of a lack of power and control over divorce outcomes. The responses from parents provide valuable insight into how reforms of the legal system can be structured best to increase the quality of the process and ameliorate potentially destructive effects of divorce on the family.

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

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

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

  16. Recursion relations for the overlap of a Morse continuum state with a Lanczos basis state

    International Nuclear Information System (INIS)

    Lutrus, C.K.; Suck Salk, S.H.

    1988-01-01

    In the resonant reactive scattering theory of Mundel, Berman, and Domcke [Phys. Rev. A 32, 181 (1985)], the overlap of a Morse continuum state and a Lanczos basis state appears in the expression of transition amplitude. In their study, recursion relations for Green's functions in the Lanczos basis were used for computational efficiency. In this paper we derive new recursion relations specifically for the evaluation of overlap between the Morse continuum wave and Lanczos basis state that appears in the transition amplitude of resonant scattering. They are found to be simple to use with great accuracy

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

    Energy Technology Data Exchange (ETDEWEB)

    Nanda, V. P.

    1979-06-01

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

  18. MODERNIZATION, OPTIMIZATION PROCESS OF REGULATION OF THE LEGAL FRAMEWORK AS A BASIS FOR THE DEVELOPMENT OF THE FINANCIAL SUSTAINABILITY OF MUNICIPALITIES

    Directory of Open Access Journals (Sweden)

    Elena B. Krylova

    2015-01-01

    Full Text Available The article highlights the problems associated with the maintenance of financial stability of municipalities. The process of improving the regulatory framework in the public sector of the economy, ensuring the development of economic entities of financial relations at the municipal level, and contributing to the achievement of financial sustainability of municipalities. We consider a number of theses that constitute the theoretical basis of the financial sustainability of municipalities. 

  19. [Legal framework and strategy of the tobacco industry in relation to tobacco advertising in Spain].

    Science.gov (United States)

    Elder, J; Cortés Blanco, M; Sarriá Santamera, A

    2000-01-01

    Publicity is legally regulated in Spain, in order to avoid its misuse. Tobacco publicity is also under those regulation, having had the companies operating in this sector to adapt themselves through new strategies. In this work, the legal restrictions existing in Spain regarding publicity are analyzed, together with some of the strategies developed by tobacco companies in order to elude them. In this sense, and despite of the existing legal framework, it should be noticed that tobacco companies are cleverly taking advantage of the existence of legal loopholes in tobacco publicity to promote their products.

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

    Directory of Open Access Journals (Sweden)

    Muhamet Vokrri

    2015-11-01

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

  1. The current legal situation relating to food irradiation as assessed by the Land Government

    International Nuclear Information System (INIS)

    Frede, W.

    1994-01-01

    Discussed is the current legal situation of food irradiation procedures as assessed by the Government of Northrhine-Westfalia. The topics highest on the agenda are the unrestrained exchange of merchandise within the Internal Market and the problems arising from deviating legal stipulations in the individual EU member states. (vhe) [de

  2. 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

  3. Large-scale Water-related Innovative Renewable Energy Projects and the Water Framework Directive : Legal Issues and Solutions

    NARCIS (Netherlands)

    van Hees, S.R.W.

    2017-01-01

    This article discusses two legal issues that relate to the conflict between the interest of protecting water quality under the Water Framework Directive (WFD), versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy

  4. Large-scale Water-related Innovative Renewable Energy Projects and the Habitats and Birds Directives: Legal Issues and Solutions

    NARCIS (Netherlands)

    van Hees, S.R.W.

    This article discusses two legal issues that relate to the conflict between the interest of protecting habitats and species under the Habitats and Birds Directives, versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy

  5. Achievement of Fundamental Rights by Individual Initiative: Brazil in Relation to European Paradigm of “Triangular Basis Constitutional Justice”

    Directory of Open Access Journals (Sweden)

    Ana Angelica Moreira Ribeiro Lima

    2016-10-01

    Full Text Available The current legal and qualitative dogmatic study makes use of the deductive method, exploratory and descriptive focus, bibliographical and documentary survey and content analysis to compare forms of achievement of fundamental rights in the Brazilian and European contexts. It’s concluded that the European “triangular basis constitutional justice”, in which there are three judicial guardianship systems, the European Court of Human Rights, member states courts and the European Union courts, provides greater safekeeping to fundamental rights of individual protection because of their simplicity, accessibility and assertiveness, tasking propose alternatives of implementation and enforcement of such rights in the national legal order.

  6. Bisphosphonate-related osteonecrosis of the jaw: historical, ethical, and legal issues associated with prescribing.

    Science.gov (United States)

    Faiman, Beth; Pillai, Aiswarya Lekshmi Pillai Chandran; Benghiac, Ana Gabriela

    2013-01-01

    The long-term effects of many drugs are unknown. Established risks are communicated to patients who participate in clinical trials during the informed consent process. However, unknown and unanticipated side effects of medications may occur years after treatment. Patients with metastatic bone cancer experience an imbalance between tumor cells and the bone marrow microenvironment. Increased cytokine release, osteoclastic activity, and uncoupled osteoblastic activity lead to weakened bone structure and osteolytic lesions. The bisphosphonates are a class of drugs available in IV and oral formulations to treat and prevent bone loss and decrease the risk of skeletal-related events. Intravenous bisphosphonates such as zoledronic acid and pamidronate disodium are approved by the US Food and Drug Administration for the treatment of bone pain and hypercalcemia of malignancy and the prevention of painful bone fractures in patients with metastatic bone cancer. Oral bisphosphonates such as alendronate, risedronate, and etidronate are used to reduce the risk of skeletal fractures in patients with osteoporosis and in breast cancer. Bisphosphonate-related osteonecrosis of the jaw (BRONJ) is a rare but painful complication of treatment characterized by infection, exposed bone, and poor wound healing. In this article, we discuss BRONJ and identify past, present, and future ethical and legal issues surrounding bisphosphonate administration.

  7. Legal framework related to access to information and public participation on nuclear activity

    International Nuclear Information System (INIS)

    Arias, M. C.; Bernaldez, A.L.; Ghiggeri, M.; Tula, C.

    2011-01-01

    The right of access to information by citizens about activities related to scientific and technological development of nuclear energy for peaceful uses, has evolved over time. Governments began to perceive the necessity and the benefits of informing the community, who manifested certain prejudices about nuclear activity as a consequence of the propelling of nuclear bombs in Nagasaki and Hiroshima. With the advent of environmental law and the influence of its principles, the idea of transparency of information in the nuclear field was imposed, and also the importance of both the inhabitants of countries with nuclear developments and neighbouring countries who may be affected by the bordering effects of ionizing radiation, could have access to information and to participate actively. The access to information and citizen participation has been institutionalized and reflected in international regulations through international conventions subscribed by our country and nationally through the National Constitution, the Provincials Constitutions, the City of Buenos Aires Constitution, Laws No. 25.675, 25.831 and PEN Decree No. 1172/03, among others. The present work aims to make an overview of the legal framework related to access to information on nuclear activity. (authors) [es

  8. Interactive Effect of Immigration-Related Factors with Legal and Discrimination Acculturative Stress in Predicting Depression Among Asian American Immigrants.

    Science.gov (United States)

    Singh, Shipra; Schulz, Amy Jo; Neighbors, Harold W; Griffith, Derek M

    2017-08-01

    This study examined the impact of discrimination and legal acculturative stress on Major Depression Episode lifetime among Asian American immigrants. It further examined the role of immigration related-factors (age at immigration, reason for immigration, and years spent in the U.S.) on the relationship of acculturative stress and Major Depression Episode lifetime. The National Latino and Asian American Study 2002-2003 dataset was used. The study findings were: (1) high discrimination and legal acculturative stress were associated with Major Depression Episode lifetime; (2) age at immigration buffered the relationship of discrimination acculturative stress and Major Depression Episode lifetime as well as the relationship of legal acculturative stress and Major Depression Episode lifetime; and (3) years spent in the U.S. buffered the relationship of discrimination acculturative stress and Major Depression Episode lifetime only. These findings highlight the complex relationship of factors that impact the mental health of the Asian American immigrants.

  9. Mitigation of Marijuana-Related Legal Harms to Youth in California.

    Science.gov (United States)

    Banys, Peter

    2016-01-01

    If recreational marijuana is legalized for adults in California, a rational implementation of public policy would neither criminalize youth possession, nor medically pathologize it by conflating possession with addiction. The harms of a criminal justice approach to juveniles should not exceed the harms of the drug itself. Juvenile arrests and probation have consequences: (1) arrest records, probation, and juvenile hall; (2) an incarceration subculture, "crime school," psychological and re-entry costs; (3) school "zero-tolerance" expulsions and suspensions; (4) ineligibility for federal school loans; (5) employment screening problems; (6) racial disparities in arrests; (7) fines and attorney's fees; and (8) immigration/naturalization problems. Marijuana-related arrest rates in California dropped after a 2011 law making possession under 1 oz. an infraction for all, but juvenile marijuana arrests continue to outnumber arrests for hard drugs. Recommendations for prudent implementation policy include: stable marijuana tax funding for Student Assistance Programs (SAPs) in high schools; elimination of "zero-tolerance" suspension/expulsion policies in favor of school retention and academic remediation programs; juvenile justice transparency discriminating among infractions, misdemeanors, and felonies. Criminal sanctions and durations must be proportional to the offense. Probation-based interventions should be reserved for larger possession amounts and recidivist offenders, and outcomes should be independently evaluated.

  10. Comparative Study of Determining of the Responsible Person and the Basis of Compensation in Civil Liability Results from Events Related to Nuclear Facilities

    Directory of Open Access Journals (Sweden)

    Sayyed Mohammad Mahdi Qabuli Dorafshan

    2015-12-01

    Full Text Available Nuclear facilities, though have large advantages for human being, they also creates heavy hazards. Thus, the question of civil liability results from events of mentioned facilities are so significant. This paper studies the question of the basis and responsible for compensation results from aforementioned events in international instruments, Iran and French law. Outcome of this study shows that in this regard, Paris and Vienna conventions and the other related conventions and protocols adjust a special legal régime. In this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and they have commited the operator to insurance or appropriate secure financing. Also French legal régime have followed this manner with the impact of the Paris Convention and its amendments and additions. There is no special provisions in Iran legal régime in this matter so civil liability results from nuclear events is under general rules of civil liability and rules such Itlaf (loss, Tasbib (causation, Taqsir (fault and La-zarar (no damage in the context of Imamye jurisprudence. Ofcourse, the responsible is basically the one who the damage is attributable to him. Finaly, It is appropriate that the Iranian legislator predict favorable régime and provides special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy

  11. THE PRINCIPLE OF SUBSIDIARITY – THE LEGAL BASIS FOR THE PARTICIPATION OF NATIONAL PARLIAMENTS AT THE EUROPEAN UNION’S LEGISLATIVE ACTIVITY

    Directory of Open Access Journals (Sweden)

    GABRIEL ANDRONACHE

    2012-05-01

    Full Text Available The communication aims to emphasize the context in which the principle of subsidiarity was adopted, clarifying the dilemma about its purpose: is it a legal instrument to protect national sovereignty of the European Union’s Member States or is it a legal instrument which accelerates their federal integration. The document also approaches the problem of the Romanian Parliament in adapting procedures to the Lisbon Treaty, Protocol no. 2 on applying principles of subsidiarity and proportionality. In the described context it shall be discussed the controversial subject regarding the sovereignty transfer whenever the national parliament performs a subsidiarity check on, an EU draft legislative act.

  12. Subgrouping Poor Readers on the Basis of Individual Differences in Reading-Related Abilities

    OpenAIRE

    Catts, Hugh W.; Hogan, Tiffany; Fey, Marc E.

    2003-01-01

    The present study investigated the use of the Reading Component Model to subgroup poor readers. A large sample of poor readers was identified in second grade and subgrouped on the basis of relative strengths and weaknesses in word recognition and listening comprehension. Although homogeneous subgroups were not identified, poor readers could be classified into four subgroups that differed significantly in reading-related abilities. Further analyses showed that poor readers' strengths and weakn...

  13. Smart Contract Relations in e-Commerce: Legal Implications of Exchanges Conducted on the Blockchain

    Directory of Open Access Journals (Sweden)

    Philippa Ryan

    2017-10-01

    Full Text Available Much of the discussion around blockchain-based smart contracts has focused on whether or not they operate in the same way as legal contracts. However, it is argued that most contracts are social rather than legal in nature and are entered into because the parties trust each other to perform the agreed exchange. Little has been written to address how the blockchain’s trust protocol can enable the kind of social contracting that characterized the way exchanges were conducted before the Internet. This article aims to fill that gap by exploring blockchain-based smart contracts primarily as non-contractual social exchanges.

  14. Smart Contract Relations in e-Commerce: Legal Implications of Exchanges Conducted on the Blockchain

    OpenAIRE

    Philippa Ryan

    2017-01-01

    Much of the discussion around blockchain-based smart contracts has focused on whether or not they operate in the same way as legal contracts. However, it is argued that most contracts are social rather than legal in nature and are entered into because the parties trust each other to perform the agreed exchange. Little has been written to address how the blockchain’s trust protocol can enable the kind of social contracting that characterized the way exchanges were conducted before the Internet...

  15. Medication-Related Practice Roles: An Ethical and Legal Primer for School Psychologists

    Science.gov (United States)

    Shahidullah, Jeffrey D.

    2014-01-01

    Given the prevalence of school-age children and adolescents who are prescribed with and are taking psychotropic medications, a critical issue that school psychologists may likely encounter in contemporary practice is providing both quality and continuity of care to these students in the context of relevant legal and ethical parameters. With a…

  16. Legal and Ethical Issues Related to the Management of Cultural Heritage in Space

    Science.gov (United States)

    Walsh, Justin

    in space. The United Nations Outer Space Treaty of 1967 -the primary document governing how nations act in outer space -is now hopelessly out-of-date. There is no mention in the treaty of cultural heritage (the UNESCO convention that concerns international protection of cultural heritage on Earth was not completed until 1970), nor was there any recognition of the role private groups and individuals might play in space exploration. This paper will outline key legal and ethical issues related to cultural heritage management and protection. It will also suggest some ways in which culturally significant sites in space can be protected for future study and even touristic appreciation.

  17. 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.

  18. Legal gaps relating to labour safety and health in the maritime transport sector in Spain.

    Science.gov (United States)

    Rodríguez, Julio Louro; Portela, Rosa Mary de la Campa; Carrera, Paula Vazquez

    2011-01-01

    Nowadays the labour sector is experiencing an important increase in the application of risk prevention policies. Although these policies are very significant due to their repercussions in the health of workers, we noticed important legal gaps in maritime sector regulations. Frequently sea workers are legally abandoned, by exclusion or omission, at the moment of claiming for the improvement of their working environment and the reduction of the negative consequences derived from this negligence over their safety and health. In the present paper we try to shed some light on this topic by analysing and examining minutely the Spanish applicable risk prevention legislation for this sector. Moreover, the recommendations of the International Maritime Organization are compared with the current application of the law. At the same time, we present some possible solutions to such problems from an objective point of view.

  19. Legal and administrative problems related to the treatment and disposal of radioactive wastes

    International Nuclear Information System (INIS)

    Cornelis, J.C.

    1976-01-01

    The consequence of the rapid expansion of nuclear power programmes is that the quantity of radioactive wastes will increase in proportion. These wastes are produced during the different stages of the fuel cycle. The management of these wastes raises certain legal problems particularly regarding the methods for final storage or for sea disposal. All these management methods have an international incidence and these aspects must be studied in step with technical problems. (N.E.A.) [fr

  20. Epilepsy-related automobile accidents in Japan: legal changes about a precedent and penal regulations.

    Science.gov (United States)

    Imataka, G; Arisue, K

    2016-01-01

    In Japan, having epilepsy was defined as an absolute disqualification for driving license in the Road Traffic Act enacted in 1960. In view of subsequent changes in domestic road traffic conditions and advances in epilepsy treatment and owing to efforts by interested parties, the 2002 revision of the Road Traffic Act conditionally permitted epileptic patients to obtain a driver's license. However, as fatal traffic accidents associated with driving by epileptic patients continued thereafter, their legal responsibility for driving a car was extensively discussed in newspapers and other media as well as in the Diet. In June 2013, the Road Traffic Act was again revised to incorporate punitive clauses applicable to those with difficulty in driving (not limited to epilepsy only but including various diseases and conditions) who falsely claimed that they had no driving difficulty in the procedure for obtaining or renewing their driver's license. With this revision marking a turning point, the Act on Punishment for Acts That Cause Death or Injury to Others by Driving a Car was enforced as a new statute in May 2014. This paper presents five cases of traffic accidents involved with epileptic patients to explain the impact of these accidents on the 2013 legal revision and a subsequent trend of toughening of legal penalties.

  1. Public contracts by negotiated procedure in cases of urgency – a new interpretation of the legal basis in light of experiences with organization of the 2012 European Football Championships

    Directory of Open Access Journals (Sweden)

    Krzysztof Horubski

    2013-06-01

    Full Text Available The negotiated procedure without publication of a contract notice is a special procedure for awarding public procurement contracts which departs from the obligation imposed on contracting authorities of respecting the freedoms of the internal market and rules of competition. The procedure may be applied in exceptional situations of extreme urgency resulting from an event which could not be foreseen. The current judicature of the Court of Justice of the EU provides interpretations of the legal basis for application of the procedure in specific cases. However, it does not address the issue of whether it is possible to regard improper performance of contractual obligations as unpredictable. It does not provide broader considerations concerning the form of regulations on the procedure of awarding public interest contracts either. These issues were subject to analysis in one of the resolutions of the National Appeal Chamber (KIO – the Polish authority issuing decisions in matters related to public procurement contracts. In resolution KIO/KD 58/10 of 6 August 2010, KIO assessed the correctness of the application of the negotiated procedure for changing the contractor of the Municipal Stadium in Wrocław in the run-up to the 2012 European Football Championships. KIO found that the significant delay in construction of the facility was unpredictably exceptional, and significantly threatened the timeliness of commissioning the facility, which resulted in termination of the agreement by the contracting authority. The resolution also included an assessment allowing for the position that such a situation was exceptional due to the scale of the threat to the public interest, including the commercial interest of the contracting authority, stemming from a lack of immediate performance of the contract if it resulted in disproportionate consequences for a specific community. The issue of acceptance of such an interpretation by EU institutions remains unresolved.

  2. Legal liability for Agent Orange-related illnesses: a reassessment of the 2005 VAVA case and prospects for new litigation.

    Science.gov (United States)

    Klickermann, Felix

    2016-01-01

    Attempts through the US courts to hold the corporations responsible for the production of dioxin-contaminated herbicides used by the US military in the 1960s and early 1970s liable for their ongoing health consequences have failed. This article scrutinizes the most recent judgement - that of the United States District Court for the Eastern District of New York handed down in 2005 following a lawsuit brought by the Vietnam Association of Victims of Agent Orange/dioxin (VAVA). It is argued that despite this judgement there is the potential to bring a further legal case, with some prospect of success, on the basis of: (i) debatable legal judgements in the 2005 decision; (ii) new scientific evidence on the health effects of exposure to Agent Orange; and (iii) cases brought in other jurisdictions. The article concludes by noting the underfunding of ongoing remediation efforts, especially for the provision of assistance to affected individuals, and argues that it is desirable to oblige the producers of the herbicides to contribute financially to these efforts.

  3. The Marija Šarapova Case (related to the Croatian legal framework on damages liability

    Directory of Open Access Journals (Sweden)

    Blanka Kačer

    2018-01-01

    Full Text Available Here an attempt is made to find a legal solution to a principle problem together with analysis of a concrete example. There is confrontation between two indisputable but partially mutually exclusive rights. On the one hand, freedom of speech privately and /or publicly and this opinion need not be at all positive, and on the other hand there is every individual’s right to be free of any insult both private and public including expressing one’s own opinion which offends another. It is necessary to establish the limit of illegality. This depends on which right takes precedence. This involves an actual event in which various female tennis players publicly protested, and in this way put pressure on tournament organizers against inviting to the tournament a female tennis player who had just finished “serving” her punishment of a 15 month ban on playing at tournaments. This punishment was the result of her being caught under inspection of her as an athlete and whether she had consumed some substances from the list of forbidden substances. After thorough analysis, it was concluded that a mild display of opinion was involved which did not in any way offend another’s honour nor threaten or damage another’s personality rights. However, if this were exaggerated, then the limit has been violated– a line has been crossed which divides illegal from legal behaviour. In this second case, if other legal conditions are met, there is a case for damages lability. In the first instance, because cumulative fulfilment of all conditions is necessary, no civil damages liability exists.

  4. The Outsourcing In Public Administration: Advantages, Disadvantages And Threats To The Legal Regime Of Labor Relations

    Directory of Open Access Journals (Sweden)

    Fernanda Maria Afonso Carneiro

    2016-12-01

    Full Text Available Outsourcing is a modern management technique where ancillary activities are transferred to other companies. Its use on a larger scale was determined when companies, in an attempt to reduce costs and improve the quality of its products and services, go to focus their attention on core activities, disengaging from the direct execution of core activities. Theoutsourcing has been used frequently by the State. This paper aims to make a general approach on outsourcing with emphasis on its application in the public sector, investigating the possible threats to the legal staffing schemes used by state entities.

  5. Ethical and legal issues related to the donation and use of nonstandard organs for transplants.

    Science.gov (United States)

    Cronin, Antonia J

    2013-12-01

    Transplantation of nonstandard or expanded criteria donor organs creates several potential ethical and legal problems in terms of consent and liability, and new challenges for research and service development; it highlights the need for a system of organ donation that responds to an evolving ethical landscape and incorporates scientific innovation to meet the needs of recipients, but which also safeguards the interests and autonomy of the donor. In this article, the use of deceased donor organs for transplants that fail to meet standard donor criteria and the legitimacy of interventions and research aimed at optimizing their successful donation are discussed. Copyright © 2013. Published by Elsevier Inc.

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

    International Nuclear Information System (INIS)

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

    2002-01-01

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

  7. Advanced Test Reactor (ATR) Facility 10CFR830 Safety Basis Related to Facility Experiments

    International Nuclear Information System (INIS)

    Tomberlin, T.A.

    2002-01-01

    The Idaho National Engineering and Environmental Laboratory (INEEL) Advanced Test Reactor (ATR), a DOE Category A reactor, was designed to provide an irradiation test environment for conducting a variety of experiments. The ATR Safety Analysis Report, determined by DOE to meet the requirements of 10 CFR 830, Subpart B, provides versatility in types of experiments that may be conducted. This paper addresses two general types of experiments in the ATR facility and how safety analyses for experiments are related to the ATR safety basis. One type of experiment is more routine and generally represents greater risks; therefore this type of experiment is addressed with more detail in the safety basis. This allows individual safety analyses for these experiments to be more routine and repetitive. The second type of experiment is less defined and is permitted under more general controls. Therefore, individual safety analyses for the second type of experiment tend to be more unique from experiment to experiment. Experiments are also discussed relative to ''major modifications'' and DOE-STD-1027-92. Application of the USQ process to ATR experiments is also discussed

  8. Research and experience report 2009. Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2009. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht/Rapport sur la recherche et les experiences en 2009. Developpements dans les bases techniques et legales pour la surveillance nucleaire/Research and experience report 2009. Developments in the technical and legal basis of nuclear oversight

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-04-15

    additional intake points in the cooling water outlet. There have been defects and incidents in the construction of the new plants at Olkiluoto (Finland) and Flamanville (France) relating to concreting work and inadequate welding specifications. ENSI will develop a new surveillance concept for the construction of NPPs, so that Switzerland is prepared in time for any new builds. ENSI maintains active links with international organisations, particularly with IAEA, OECD/NEA and WENRA and also has a series of bilateral agreements with France, Germany, Austria and the USA. The ENSI contribution to current negotiations on greater global harmonisation is based on the stringent nuclear safety standards in Switzerland. At the 3{sup rd} Review Conference of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, Switzerland received a rating of good for its Country Report: other countries welcomed the transparency of the master plan procedure and the participation of the public and neighbouring countries. The research programme at the rock laboratories of Mont Terri and Grimsel also received a positive reception. According to the main requirements of IAEA and the Swiss Nuclear Energy Act, since 1 January 2009 ENSI has been an independent nuclear regulatory body reporting directly to the Federal Council (Swiss national government). The existing ordinances and guidelines are continuously amended to accord with the recent legislation on nuclear energy and also are harmonised with international standards. A new ordinance based on the Nuclear Energy Act took effect in 2009. In addition ENSI completed 8 guidelines, either new or revisions

  9. [Legal medicine specialists within the framework of acute care : Analysis of legal medicine consultations in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt].

    Science.gov (United States)

    Pliske, G; Heide, S; Lucas, B; Brandstädter, K; Walcher, F; Kropf, S; Lessig, R; Piatek, S

    2018-05-01

    In acute medical care, there are patients who have been injured by the influence of others. The aim of this study was to analyze all cases which were presented to the Institute for Legal Medicine of the University Halle (Saale). The cases where analyzed in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt. The consultations of the Institute for Legal Medicine Halle-Wittenberg for 2012-2015 were evaluated with regard to the age and gender distribution, the reasons for the consultation and time until the request for consultations. These cases were statistically compared to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt 2014-2015. A total of 536 cases (55.6% male and 44.4% female patients) were evaluated. In all, 62.1% of patients were under 18 years of age; 43.5% of all consultations were requested by pediatric (surgery) clinics. The most common reasons for consultation were sexual child abuse or violence against children (50.7%). Compared to the victims' statistics, significantly more children were examined by legal medicine specialists than could have been expected (p legal medicine specialists in relation to the victims' statistics. Most of them were children and women. The temporal latency between the act of violence and the consultations was one day and more. The latency and the renunciation of the consultation of the legal medicine specialists can lead to loss of evidence.

  10. Sleep-related violence and sexual behavior in sleep: a systematic review of medical-legal case reports.

    Science.gov (United States)

    Ingravallo, Francesca; Poli, Francesca; Gilmore, Emma V; Pizza, Fabio; Vignatelli, Luca; Schenck, Carlos H; Plazzi, Giuseppe

    2014-08-15

    To review systematically medical-legal cases of sleep-related violence (SRV) and sexual behavior in sleep (SBS). We searched Pubmed and PsychINFO (from 1980 to 2012) with pre-specified terms. We also searched reference lists of relevant articles. Case reports in which a sleep disorder was purported as the defense during a criminal trial and in which information about the forensic evaluation of the defendant was provided. Information about legal issues, defendant and victim characteristics, circumstantial factors, and forensic evaluation was extracted from each case. A qualitative-comparative assessment of cases was performed. Eighteen cases (9 SRV and 9 SBS) were included. The charge was murder or attempted murder in all SRV cases, while in SBS cases the charge ranged from sexual touching to rape. The defense was based on sleepwalking in 11 of 18 cases. The trial outcome was in favor of the defendant in 14 of 18 cases. Defendants were relatively young males in all cases. Victims were usually adult relatives of the defendants in SRV cases and unrelated young girls or adolescents in SBS cases. In most cases the criminal events occurred 1-2 hours after the defendant's sleep onset, and both proximity and other potential triggering factors were reported. The forensic evaluations widely differed from case to case. SRV and SBS medical-legal cases did not show apparent differences, except for the severity of the charges and the victim characteristics. An international multidisciplinary consensus for the forensic evaluation of SRV and SBS should be developed as an urgent priority.

  11. The legal regime of the relations between the center and the administrative-territorial units within the contemporary administrative systems

    Directory of Open Access Journals (Sweden)

    Silvia GORIUC

    2017-12-01

    Full Text Available The decentralization of public administration refers to the process of increasing the autonomy of local communities by transferring new decision-making responsibilities, as well as financial and patrimonial resources, respecting the principle of subsidiarity, reducing current spending and increasing transparency in relation to citizens and increasing the quality and access to public services, or in other words, is a process of transferring authority and administrative responsibilities from central to local government in the areas of planning, decision-making, legal accountability and public service management.

  12. Research and experience report 2012. Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2012. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2013-04-15

    The Swiss Federal Nuclear Safety Inspectorate (ENSI) acts upon the basis of the latest developments in science and technology. ENSI supports and coordinates safety research, the results of which influence directly its Guidelines, individual decisions and resources. Research projects also serve training purposes and maintain competence within ENSI and its experts. The research in fuels and materials covers the reactor core and the graded approach to barriers used for the confinement of radioactive materials. Based on test results from accidents involving a loss of coolant ENSI instructed the operators of Swiss nuclear power plants to review whether they were relevant to their own facilities. Ageing mechanisms affecting structural materials are crucial to the long-term operation of nuclear power plants. Specialised thematic databases are being created in order to facilitate a systematic analysis of relevant operating experience from numerous countries. In addition to damage that may result from events within nuclear power plants, the safety analyses also reflect external events. ENSI supports international projects conducting complex experiments and simulations of aircraft accidents and earthquakes. It is involved in some projects relating to flood risks. The effect of operator behaviour on accidents in nuclear power plants is the focus point of research into human factors which identifies and analyses certain operator errors influencing negatively the course of an accident. Proposals to improve accident procedures were developed. This research area also focuses on the influence of the control room layout on the performance of operating staff. System behaviour and accident sequences in nuclear power plants are analysed in conditions ranging from normal operations through to accidents resulting in core melt-down. The results are used for the quantitative evaluation of the plant risk in probabilistic safety analyses. Applied research in radiological protection ranges

  13. Research and experience report 2012. Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2012. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2013-04-15

    The Swiss Federal Nuclear Safety Inspectorate (ENSI) acts upon the basis of the latest developments in science and technology. ENSI supports and coordinates safety research, the results of which influence directly its Guidelines, individual decisions and resources. Research projects also serve training purposes and maintain competence within ENSI and its experts. The research in fuels and materials covers the reactor core and the graded approach to barriers used for the confinement of radioactive materials. Based on test results from accidents involving a loss of coolant ENSI instructed the operators of Swiss nuclear power plants to review whether they were relevant to their own facilities. Ageing mechanisms affecting structural materials are crucial to the long-term operation of nuclear power plants. Specialised thematic databases are being created in order to facilitate a systematic analysis of relevant operating experience from numerous countries. In addition to damage that may result from events within nuclear power plants, the safety analyses also reflect external events. ENSI supports international projects conducting complex experiments and simulations of aircraft accidents and earthquakes. It is involved in some projects relating to flood risks. The effect of operator behaviour on accidents in nuclear power plants is the focus point of research into human factors which identifies and analyses certain operator errors influencing negatively the course of an accident. Proposals to improve accident procedures were developed. This research area also focuses on the influence of the control room layout on the performance of operating staff. System behaviour and accident sequences in nuclear power plants are analysed in conditions ranging from normal operations through to accidents resulting in core melt-down. The results are used for the quantitative evaluation of the plant risk in probabilistic safety analyses. Applied research in radiological protection ranges

  14. Corrupt Relational Contracting

    OpenAIRE

    Johann Graf Lambsdorff; Sitki Utku Teksoz

    2002-01-01

    Because corruption must be hidden from the public and is not enforced by courts it entails transaction costs, which are larger than those from legal exchange. This suggests that corrupt contracts are primarily relational contracts where legal exchange serves as a basis for sealing and enforcing corrupt agreements. Legal exchange not only provides for corrupt opportunities, but for the necessary enforcement mechanisms. Examples of such legal exchange are long-term business exchange, belonging ...

  15. 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.

  16. Organizational and legal mechanism of the environmental protection

    Directory of Open Access Journals (Sweden)

    А. П. Гетьман

    2014-12-01

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

  17. Legal aspects relating to the captation and exploitation of groundwater in Spain; Aspectos legales a considerar en las obras de ejecuion, instalacion y puesta en servicio de las captaciones de agua subterranea en Espana

    Energy Technology Data Exchange (ETDEWEB)

    Garcia Ruiz, T.

    2007-07-01

    The legal aspects relating to the captation and exploitation of groundwater in Spain are very broad and are contained in a large number of provisions, which in many cases are presented in a piece-meal fashion, making it difficult its interpretation. In most cases, is the experience of professionals working in the area which is used to be knowing and synthesizing all the legal nuances, since often the own competent administrations have a biased approach of the law. This article presents a compendium of the main laws that affect the captation and exploitation of ground-water in Spain. (Author)

  18. Genetic basis of hybrid male sterility among three closely related species of Drosophila.

    Science.gov (United States)

    Mishra, Paras Kumar; Singh, B N

    2005-05-01

    The genetic basis of hybrid male sterility among three closely related species, Drosophila bipectinata, D. parabipectinata and D. malerkotliana has been investigated by using backcross analysis methods. The role of Y chromosome, major hybrid sterility (MHS) genes (genetic factors) and cytoplasm (non-genetic factor) have been studied in the hybrids of these three species. In the species pair, bipectinata--parabipectinata, Y chromosome introgression of parabipectinata in the genomic background of bipectinata and the reciprocal Y chromosome introgression were unsuccessful as all males in second backcross generation were sterile. Neither MHS genes nor cytoplasm was found important for sterility. This suggests the involvement of X-Y, X-autosomes or polygenic interactions in hybrid male sterility. In bipectinata--malerkotliana and parabipectinata--malerkotliana species pairs, Y chromosome substitution in reciprocal crosses did not affect male fertility. Backcross analyses also show no involvement of MHS genes or cytoplasm in hybrid male sterility in these two species pairs. Therefore, X- autosome interaction or polygenic interaction is supposed to be involved in hybrid male sterility in these two species pairs. These findings also provide evidence that even in closely related species, genetic interactions underlying hybrid male sterility may vary.

  19. On the use of law in transatlantic relations: legal dialogues between the EU and US

    NARCIS (Netherlands)

    Fahey, E.

    2014-01-01

    Law plays a significant role in contemporary transatlantic relations outside of the bilateral context which, from the perspective of EU external relations law, might seem neither conventional nor apparent. Non-bilateral transatlantic relations increasingly deploy law as a communication tool between

  20. Range and limits of application of Sec.12, Atomic Energy Act, as a legal basis of the nuclear plant safety ordinance

    International Nuclear Information System (INIS)

    Schmidt-Preuss, Matthias

    2009-01-01

    Ensuring plant safety is a key purpose of nuclear law. Sec.7 II No.3, Atomic Energy Act, is considered the basic norm of nuclear legislation. The main requirement this embodies is ensuring 'the provisions against damage arising from construction and operation of a plant as required in accordance with the state of the art'. These normative requirements constitute the strictest yardstick existing in legislation about technology. Putting it into effect has always been the purpose of the set of nuclear rules and regulations constituting the next lower level of legislation, which so far have developed by evolution and are now to be updated comprehensively in the format of so-called modules as provided for in the concept of the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU). So far, there has not been a nuclear plant safety ordinance. The Atomic Energy Act has always provided a basis for adopting such an ordinance, especially so in Sec.12 I 1 No.1, Atomic Energy Act. No federal government has so far wanted to make use of it. This makes it all the more remarkable that the BMU took up the subject of a nuclear plant safety ordinance as early as in 2006, starting a dialog with the federal states. This dialog meanwhile has come to a halt. The subject seems to be dormant right now, but certainly has not been shelved. Ensuring plant safety is a key purpose of nuclear law. Sec.7 II No.3, Atomic Energy Act, is considered the basic norm of nuclear legislation. The main requirement this embodies is ensuring 'the provisions against damage arising from construction and operation of a plant as required in accordance with the state of the art'. These normative requirements constitute the strictest yardstick existing in legislation about technology. Putting it into effect has always been the purpose of the set of nuclear rules and regulations constituting the next lower level of legislation, which so far have developed by evolution and are now to be

  1. LEGAL ISSUES AND ASPECTS RELATED TO THE HUMAN RESOURCES MANAGEMENT REGARDING THE SELECTION OF CIVIL SERVANTS

    Directory of Open Access Journals (Sweden)

    MELINDA CENUŞE

    2012-12-01

    Full Text Available Public administration selects its servants exclusively on competence criteria (the so-called merit system. The selection of civil servants is performed by contest, organized within the limit of vacant public positions provided annually for this purpose, by the plan for occupation of public positions. As a general rule, the contest is organized on a quarterly basis. Any individual who meets the general conditions provided by law and the specific conditions established by law for occupying a certain public position may participate at the selection contest organized for the occupation of a public position. Among other aspects, in this study we underline an inconsistency regarding the recruitment defined in the field of Human Resources Management and its definition from The Statute of the Civil Servants.

  2. Specific neural basis of Chinese idioms processing: an event-related functional MRI study

    International Nuclear Information System (INIS)

    Chen Shaoqi; Zhang Yanzhen; Xiao Zhuangwei; Zhang Xuexin

    2007-01-01

    Objective: To address the neural basis of Chinese idioms processing with different kinds of stimuli using an event-related fMRI design. Methods: Sixteen native Chinese speakers were asked to perform a semantic decision task during fMRI scanning. Three kinds of stimuli were used: Real idioms (Real-idiom condition); Literally plausible phrases (Pseudo-idiom condition, the last character of a real idiom was replaced by a character with similar meaning); Literally implausible strings (Non-idiom condition, the last character of a real idiom was replaced by a character with unrelated meaning). Reaction time and correct rate were recorded at the same time. Results: The error rate was 2.6%, 5.2% and 0.9% (F=3.51, P 0.05) for real idioms, pseudo-idioms and wrong idioms, respectively. Similar neural network was activated in all of the three conditions. However, the right hippocampus was only activated in the real idiom condition, and significant activations were found in anterior portion of left inferior frontal gyms (BA47) in real-and pseudo-idiom conditions, but not in non-idiom condition. Conclusion: The right hippocampus plays a specific role in the particular wording of the Chinese idioms. And the left anterior inferior frontal gyms (BA47) may be engaged in the semantic processing of Chinese idioms. The results support the notion that there were specific neural bases for Chinese idioms processing. (authors)

  3. Neural Basis of Intrinsic Motivation: Evidence from Event-Related Potentials.

    Science.gov (United States)

    Jin, Jia; Yu, Liping; Ma, Qingguo

    2015-01-01

    Human intrinsic motivation is of great importance in human behavior. However, although researchers have focused on this topic for decades, its neural basis was still unclear. The current study employed event-related potentials to investigate the neural disparity between an interesting stop-watch (SW) task and a boring watch-stop task (WS) to understand the neural mechanisms of intrinsic motivation. Our data showed that, in the cue priming stage, the cue of the SW task elicited smaller N2 amplitude than that of the WS task. Furthermore, in the outcome feedback stage, the outcome of the SW task induced smaller FRN amplitude and larger P300 amplitude than that of the WS task. These results suggested that human intrinsic motivation did exist and that it can be detected at the neural level. Furthermore, intrinsic motivation could be quantitatively indexed by the amplitude of ERP components, such as N2, FRN, and P300, in the cue priming stage or feedback stage. Quantitative measurements would also be convenient for intrinsic motivation to be added as a candidate social factor in the construction of a machine learning model.

  4. Unified field theory on the basis of the projective theory of relativity

    International Nuclear Information System (INIS)

    Lessner, G.

    1982-01-01

    A unified field theory is developed on the basis of the five-dimensional vacuum equations R/sub munu/ = 0 in the projective theory of relativity. The four-dimensional field equations following from R/sub munu/ = 0 by projection are a generalized Einstein-Maxwell theory, for which the generalization is given by a scalar field. The particle concept based on these equations represents the intrinsic particle properties, which are the rest mass, or the energy in case of photons and neutrinos, the charge and the spin by integrals of the field distribution extended over spacelike hypersurfaces. The energy concept is based on Moller's energy-momentum complex. Moller's argument against his energy-momentum complex is discussed and refuted. The spin concept is derived from the axial symmetry of the field distribution. The stationary axially symmetric field is studied in detail. In the spherically symmetric static case the solutions of the field equations are given and investigated for their particle properties. It is shown that one and only one type of solution yields a good approach to the distribution of charge and rest mass in the proton. However, none of the spherically symmetric solutions represents the electron

  5. Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers

    Directory of Open Access Journals (Sweden)

    Holly Buchanan

    2011-02-01

    Full Text Available The death toll in Mexico due to drug-related violence has continued to rise since President Felipe Calderón initiated the Mexican Government's crackdown on drug trafficking organizations in 2006. Pervasive corruption among state and local government officials and alleged human rights violations by the Mexican military have added to the gravity of the endemic drug-related violence in Mexico. In response to the continuous violence in Mexico perpetrated by drug trafficking organiza- tions, a substantial number of Mexican citizens have fled to the United States seeking asylum. Due to the strict requirements for refugee status under international law and asylum protection under U.S. law, individuals seeking protection based on drug-related violence face several legal obstacles. This Article addresses the extent to which drug-related violence may con- stitute a basis for refugee status protection under international refugee law and U.S. asylum law. It seeks to provide insight into the potential viability of claims for refugee status brought by Mexican asylum-seekers fleeing drug-related violence. This Article concludes with a discussion on complementary protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for Mexican asylum-seekers.

  6. Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers

    Directory of Open Access Journals (Sweden)

    Holly Buchanan

    2011-02-01

    Full Text Available The death toll in Mexico due to drug-related violence has continued to rise since President Felipe Calderón initiated the Mexican Government's crackdown on drug trafficking organizations in 2006. Pervasive corruption among state and local government officials and alleged human rights violations by the Mexican military have added to the gravity of the endemic drug-related violence in Mexico. In response to the continuous violence in Mexico perpetrated by drug trafficking organiza- tions, a substantial number of Mexican citizens have fled to the United States seeking asylum. Due to the strict requirements for refugee status under international law and asylum protection under U.S. law, individuals seeking protection based on drug-related violence face several legal obstacles. This Article addresses the extent to which drug-related violence may con- stitute a basis for refugee status protection under international refugee law and U.S. asylum law. It seeks to provide insight into the potential viability of claims for refugee status brought by Mexican asylum-seekers fleeing drug-related violence. This Article concludes with a discussion on complementary protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for Mexican asylum-seekers.  

  7. Legal, Tender: The Deferred Romance of Pedagogical Relation in "The Paper Chase"

    Science.gov (United States)

    Stillwaggon, James; Jelinek, David

    2011-01-01

    Films depicting educational relationships typically emphasize personal connections between students and teachers over the educational goals that such relations facilitate. In doing so, these films raise the question of how teachers stand in relation to their institutional roles in such a way as to inspire students' desires for knowledge. In this…

  8. Religion-Related Child Maltreatment: A Profile of Cases Encountered by Legal and Social Service Agencies.

    Science.gov (United States)

    Bottoms, Bette L; Goodman, Gail S; Tolou-Shams, Marina; Diviak, Kathleen R; Shaver, Phillip R

    2015-08-01

    Religion can foster, facilitate, and be used to justify child maltreatment. Yet religion-related child abuse and neglect have received little attention from social scientists. We examined 249 cases of religion-related child maltreatment reported to social service agencies, police departments, and prosecutors' offices nationwide. We focused on cases involving maltreatment perpetrated by persons with religious authority, such as ministers and priests; the withholding of medical care for religious reasons; and abusive attempts to rid a child of supposed evil. By providing a descriptive statistical profile of the major features of these cases, we illustrate how these varieties of religion-related child maltreatment occur, who the victims and perpetrators are, and how religion-related child abuse and neglect are reported and processed by the social service and criminal justice systems. We end with a call for greater research attention to these important offenses against children. Copyright © 2015 John Wiley & Sons, Ltd.

  9. Intersectorial health-related policies: the use of a legal and theoretical framework to propose a typology to a case study in a Brazilian municipality

    Directory of Open Access Journals (Sweden)

    Beatriz Helena Tess

    2014-11-01

    Full Text Available This article analyzes intersectorial health-related policies (IHRP based on a case study performed in 2008-2009 that mapped the social policies of the city of Piracicaba, State of Sao Paulo, Brazil. The research strategy comprised quantitative and qualitative methodologies and converging information sources. Legal and theoretical conceptual frameworks were applied to the Piracicaba study results and served as the basis for proposing a typology of IHRP. Three types of IHRP were identified: health policies where the health sector is coordinator but needs non-health sectors to succeed; policies with a sector other than health as coordinator, but which needs health sector collaboration to succeed; and thirdly, genuine intersectorial policies, not led by any one sector but by a specifically-appointed intersectorial coordinator. The authors contend that political commitment of local authorities alone may not be enough to promote efficient intersectorial social policies. Comprehension of different types of IHRP and their interface mechanisms may contribute to greater efficiency and coverage of social policies that affect health equity and its social determinants positively. In the final analysis,, this will lead to more equitable health outcomes.

  10. Research and experience report 2010 - Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2010 - Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-04-15

    This comprehensive annual report presents a review of the activities carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) in the year 2010. The inspectorate's fields of activity - fuels and materials, significant internal and external events and occurrences, human factors, system behaviour and accident sequences, radiological protection and waste disposal - are reviewed. Information on incidents in Swiss nuclear facilities are reviewed in the ENSI Surveillance Report. The Research and Experience Report also provides information on a selection of particularly instructive incidents in nuclear facilities outside Switzerland. Incidents are analysed with a view to identifying any potential relevance to Swiss nuclear facilities. International co-operation is mentioned and current changes and developments related to plant surveillance are noted. Organisational aspects are discussed and various guidelines and directives are presented and discussed

  11. Research and experience report 2010 - Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2010 - Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-04-15

    This comprehensive annual report presents a review of the activities carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) in the year 2010. The inspectorate's fields of activity - fuels and materials, significant internal and external events and occurrences, human factors, system behaviour and accident sequences, radiological protection and waste disposal - are reviewed. Information on incidents in Swiss nuclear facilities are reviewed in the ENSI Surveillance Report. The Research and Experience Report also provides information on a selection of particularly instructive incidents in nuclear facilities outside Switzerland. Incidents are analysed with a view to identifying any potential relevance to Swiss nuclear facilities. International co-operation is mentioned and current changes and developments related to plant surveillance are noted. Organisational aspects are discussed and various guidelines and directives are presented and discussed

  12. SOME LEGAL ASPECTS OF ENERGY SECURITY IN THE RELATIONS BETWEEN EU AND RUSSIA

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia Maican

    2009-12-01

    Full Text Available The need for a sustainable, secure and competitive energy supply has long been recognized within the Community, and has been addressed on numerous occasions, notably in the Green Papers elaborated by the Commission in 2000 and 2006. Recent supply crises and rapidly escalating fuel prices have focused the minds of leaders across the European Union, as well as those of businesses and individual energy consumers. Energy policy transcends a range of different policy areas, including competition, transport, environment and energy itself. Decisions relating to energy policy in Europe are primarily within the remit of individual Member State governments, with the European Commission’s powers limited to two specific areas (creation of the European single market and matters relating to nuclear safety and security under the EURATOM Treaty. The extent of the transfer of powers towards Europe is clearly a critical decision point and in practice a sensitive balance is likely to be required between those matters for which the Commission should have responsibility and those where Member State governments retain sole authority. European officials are putting into evidence their belief that Europe’s energy predicament is acute and mention energy security as a priority issue for the Common Foreign and Security Policy. Policy commitments say that energy strategy must move beyond the internal sphere and become systematically a part of EU external relations. The Commission’s 2006 Energy Green Paper promised “a better integration of energy objectives into broader relations with third countries”.

  13. Legal aspects of work related stress in nursing. Exploring the issues.

    Science.gov (United States)

    Abu al Rub, R

    2000-03-01

    Nurses are under a great deal of distress related to a variety of work stressors. Work related stress jeopardizes the mental and physical well being of nurses, as well as the quality of care provided for clients. The Occupational Safety and Health Act of 1970 holds employers responsible for the mental and physical well being of their employees. However, the regulations are not always straightforward concerning compensation claims for mental disabilities due to work stress. Recovery of claims is possible if standards (i.e., personal injury, causal relationship between injury and employment) are met. Requirements for recovery of physical/mental and mental/physical claims are agreed on by most states, whereas mental/mental claims are controversial among states and courts. Nurses can monitor and influence legislation to create requirements to encourage employers to develop preventive approaches to reducing work induced stress.

  14. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

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

  15. Technical basis for the preparation of emergency plans relating to pressurized water reactors

    International Nuclear Information System (INIS)

    L'Homme, A.; Manesse, D.; Gauvain, J.; Crabol, B.

    1989-01-01

    The paper begins by summarizing the standard French approach to management of severe accidents at PWR plants. It goes on to define the source term used as a general basis for emergency plans for protection of the civil population. The paper describes the impact this source term has on both the site and the environment, which is subsequently used as a technical basis for determining the response of the utility and the public authorities concerned. The discussion concludes with a brief outline of the current status of various emergency plans and a description of additional work currently in progress and aimed at improving these plans [fr

  16. Research and experience report 2015 - Developments in the technical and legal basis for nuclear oversight; Erfahrungs- und Forschungsbericht 2015 - Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2016-04-15

    deterministic safety analyses. The PSI’s LINX project increases the understanding of condensation and evaporation processes within the containment during a severe accident. Research in radiological protection includes the technology used to measure radiation as well as aeroradiometry and the development of new methodologies for radionuclide analyses. Aspects relating to the decommissioning and dismantling of nuclear power plants are to be enhanced. The field of radioactive waste management comprises not only deep geological disposal but also treatment, transport and interim storage. The international DECOVALEX project is investigating coupled physical-chemical processes around deep geological repositories, used by ENSI for the modelling of bentonite and Opalinus Clay. In the FS experiment at the Mont Terri Rock Laboratory, water is injected into a geological fault, simulating the possible triggering of earthquakes in a deep geological repository. The current report gives information on some events in facilities outside Switzerland which could be relevant to Swiss nuclear facilities. In the Belgian nuclear power plant Doel-4, internal flooding occurred in the building containing the emergency diesel generators. In Swiss nuclear power plants, the emergency diesel generators are contained in different buildings; due to spatial separation, flooding of all emergency diesel generators is virtually impossible. In the Czech nuclear power plant Temelin-2, due to a leaky valve an activity discharge from the controlled zone to the non-controlled zone occurred. A single fault during assembly was sufficient to cause the defect; also, organizational defects in error detection and their rectification were highlighted. All Swiss nuclear power plants had to investigate the interfaces between the zones. At the Waste Isolation Pilot Plant deep geological repository in New Mexico, there was a release of americium and plutonium into the environment in spite of the filter systems. Alongside

  17. Research and experience report 2016 - Developments in the technical and legal basis for nuclear oversight; Erfahrungs- und Forschungsbericht 2016 - Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2017-04-15

    Projects in the research programme of the Swiss Federal Nuclear Safety Inspectorate (ENSI) contribute to the clarification of outstanding issues, establish fundamentals and develop the tools required for its regulatory activities. International projects deliver results that Switzerland could not achieve on its own and encourage cross-border networking. The research on fuels and materials covers the reactor core and the multiple barriers for the retainment of radioactive materials especially concerning high burn-up rates and safety criteria. In 2016, the Studsvik Cladding Integrity Project in Sweden commissioned a new test facility to investigate the behaviour of fuel rods in loss of coolant accidents (LOCA). Research into structural materials focuses on ageing processes. In the NORA project at the Paul Scherrer Institute (PSI), platinum is injected into the cooling system with a view to reducing corrosion. Projects conducted under the auspices of the OECD's Nuclear Energy Agency (NEA) and relating to internal events and damage encourage the international exchange of information on incidents, accidents and component damage. Subject-specific databases are created on incidents involving fires or damage to passive metal components. In 2016 the OECD CODAP project prepared a report on reliability and integrity management in pressurised components. ENSI supports research projects on external events such as earthquakes, flooding, aircraft crashes and explosions. Within the OECD MECOS project, the behaviour of pipes subjected to powerful earthquakes was modelled; it showed improvements in the calculation of cyclic loading and on the limits for simulating elastic-plastic material behaviour under high loads. The impact of operator actions on incidents and accidents is the most important human factor in view of reducing uncertainty in probabilistic safety analyses, as well as the interfaces between humans and technical systems. System behaviour and accident sequences in

  18. Identification and integration of sensory modalities: Neural basis and relation to consciousness

    NARCIS (Netherlands)

    Pennartz, C.M.A.

    2009-01-01

    A key question in studying consciousness is how neural operations in the brain can identify streams of sensory input as belonging to distinct modalities, which contributes to the representation of qualitatively different experiences. The basis for identification of modalities is proposed to be

  19. Some conditions affecting the definition of design basis accidents relating to sodium/water reactions

    International Nuclear Information System (INIS)

    Bolt, P.R.

    1984-01-01

    The possible damaging effects of large sodium/water reactions on the steam generator, IHX and secondary circuit are considered. The conditions to be considered in defining the design basis accidents for these components are discussed, together with some of the assumptions that may be associated with design assessments of the scale of the accidents. (author)

  20. Current ethical and legal issues in health-related direct-to-consumer genetic testing.

    Science.gov (United States)

    Niemiec, Emilia; Kalokairinou, Louiza; Howard, Heidi Carmen

    2017-09-01

    A variety of health-related genetic testing is currently advertized directly to consumers. This article provides a timely overview of direct-to-consumer genetic testing (DTC GT) and salient ethical issues, as well as an analysis of the impact of the recently adopted regulation on in vitro diagnostic medical devices on DTC GT. DTC GT companies currently employ new testing approaches, report on a wide spectrum of conditions and target new groups of consumers. Such activities raise ethical issues including the questionable analytic and clinical validity of tests, the adequacy of informed consent, potentially misleading advertizing, testing in children, research uses and commercialization of genomic data. The recently adopted regulation on in vitro diagnostic medical devices may limit the offers of predisposition DTC GT in the EU market.

  1. The legal and regulatory framework relative to safety and environment in the uranium mines in Niger

    International Nuclear Information System (INIS)

    Mahamane, S.

    2001-01-01

    The mining sector holds an important position in Niger economy. Considerable funds have been invested for the promotion, exploration and exploitation of mineral resources since the colonial period. This has resulted in the discovery of numerous deposits among which are those of uranium. Today, uranium represents more than 3/4 of Niger export revenues. The mining sector is supervised by the Ministry of Mines and Energy. The Ministry applies the mining policy as defined by the government. It elaborates legislative and regulatory texts and sees to their implementation. Regarding uranium, mining activities have been governed since 1961 by various orientation laws and implementation decrees. However, to face up to the harmful consequences on national economy of successive drops of price and sales of its major export product, and taking into account the new international requirements relating to economy globalization and sustainable development, Niger set up a diversification strategy of its mining productions as part of which a new mining code particularly incentive has been established in 1993. The new mining code provides significant advantages to investors. These advantages insure them a great cost effectiveness of their investments in Niger and easy and less onerous respect of regulations regarding safety and protection of environment. Tremendous efforts have been, thus, provided by the IAEA, the Ministry of Mines and Energy and the uranium companies for an optimal protection of workers and the public, especially against the hazards of ionizing radiations. This will to improve the situation has resulted in the adoption of several laws and their application decrees as well as various sectorial laws designed by various Ministry departments concerned with environmental issues and risks prevention. Among these texts are the renewal of the order No 31 M/MH which has defined since 1979 the main axis of the Niger regulations as regards to radioprotection and the design of

  2. Cancer patient perceptions on the ethical and legal issues related to biobanking.

    Science.gov (United States)

    Master, Zubin; Claudio, Jaime O; Rachul, Christen; Wang, Jean C Y; Minden, Mark D; Caulfield, Timothy

    2013-03-08

    Understanding the perception of patients on research ethics issues related to biobanking is important to enrich ethical discourse and help inform policy. We examined the views of leukemia patients undergoing treatment in clinics located in the Princess Margaret Hospital in Toronto, Ontario, Canada. An initial written survey was provided to 100 patients (64.1% response rate) followed by a follow-up survey (62.5% response rate) covering the topics of informed consent, withdrawal, anonymity, incidental findings and the return of results, ownership, and trust. The majority (59.6%) preferred one-time consent, 30.3% desired a tiered consent approach that provides multiple options, and 10.1% preferred re-consent for future research. When asked different questions on re-consent, most (58%) reported that re-consent was a waste of time and money, but 51.7% indicated they would feel respected and involved if asked to re-consent. The majority of patients (62.2%) stated they had a right to withdraw their consent, but many changed their mind in the follow-up survey explaining that they should not have the right to withdraw consent. Nearly all of the patients (98%) desired being informed of incidental health findings and explained that the information was useful. Of these, 67.3% of patients preferred that researchers inform them and their doctors of the results. The majority of patients (62.2%) stated that the research institution owns the samples whereas 19.4% stated that the participants owned their samples. Patients had a great deal of trust in doctors, hospitals and government-funded university researchers, moderate levels of trust for provincial governments and industry-funded university researchers, and low levels of trust towards industry and insurance companies. Many cancer patients surveyed preferred a one-time consent although others desired some form of control. The majority of participants wanted a continuing right to withdraw consent and nearly all wanted to be

  3. LEGAL AND THEORETICAL BASIS FOR INTERNATIONAL ...

    African Journals Online (AJOL)

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

  4. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

    A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

  5. Comparison of Transition-Related IEP Content for Young Adults with Disabilities Who Do or Do Not Have a Legal Guardian

    Science.gov (United States)

    Millar, Dorothy Squatrito

    2009-01-01

    IEP transition-related content was compared between young adults with developmental disabilities who had or did not have legal guardians. It was found that students with guardians were more likely to earn a certificate of completion, and wanted to remain living with their families, in comparison to students without guardians who were more likely…

  6. 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...

  7. 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...

  8. 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)

  9. 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.

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

    International Nuclear Information System (INIS)

    Lohse, S.

    1992-01-01

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

  11. Supersymmetric Racah basis, family of infinite-dimensional superalgebras, SU(∞ + 1|∞) and related 2D models

    International Nuclear Information System (INIS)

    Fradkin, E.S.; Linetsky, V.Ya.

    1990-10-01

    The irreducible Racah basis for SU(N + 1|N) is introduced. An analytic continuation with respect to N leads to infinite-dimensional superalgebras su(υ + 1|υ). Large υ limit su(∞ + 1|∞) is calculated. The higher spin Sugawara construction leading to generalizations of the Virasoro algebra with infinite tower of higher spin currents is proposed and related WZNW and Toda models as well as possible applications in string theory are discussed. (author). 32 refs

  12. From a Pluralism of Grounds to Proto-Legal Relations: Accounting for the Grounds of Obligations of Justice

    Czech Academy of Sciences Publication Activity Database

    Pavlakos, George

    2017-01-01

    Roč. 30, č. 1 (2017), s. 59-74 ISSN 1467-9337 R&D Projects: GA ČR GA15-23955S Institutional support: RVO:68378122 Keywords : responsibility of justice * pluralism * obligation of justice * Mathias Risse Subject RIV: AG - Legal Sciences OBOR OECD: Law

  13. Health-related attitudes as a basis for segmenting European fish consumers

    DEFF Research Database (Denmark)

    Pieniak, Zuzanna; Verbeke, Wim; Olsen, Svein Ottar

    2010-01-01

    This paper identifies and profiles consumer segments based on health-related attitudes. Cross-sectional data were collected in 2008 through a pan-European consumer survey (n = 2400) with samples representative for age and region in France, Poland and Spain. Four distinct consumer segments based...

  14. The neural basis of analogical reasoning: an event-related potential study.

    Science.gov (United States)

    Qiu, Jiang; Li, Hong; Chen, Antao; Zhang, Qinglin

    2008-10-01

    The spatiotemporal analysis of brain activation during the execution of easy analogy (EA) and difficult analogy (DA) tasks was investigated using high-density event-related brain potentials (ERPs). Results showed that reasoning tasks (schema induction) elicited a more negative ERP deflection (N500-1000) than did the baseline task (BS) between 500 and 1000 ms. Dipole source analysis of difference waves (EA-BS and DA-BS) indicated that the negative components were both localized near the left thalamus, possibly associated with the retrieval of alphabetical information. Furthermore, DA elicited a more positive ERP component (P600-1000) than did EA in the same time window. Two generators of P600-1000 were located in the medial prefrontal cortex (BA10) and the left frontal cortex (BA6) which was possibly involved in integrating information in schema abstraction. In the stage of analogy mapping, a greater negativity (N400-600) in the reasoning tasks as compared to BS was found over fronto-central scalp regions. A generator of this effect was located in the left fusiform gyrus and was possibly related to associative memory and activation of schema. Then, a greater negativity in the reasoning tasks, in comparison to BS task, developed between 900-1200 ms (LNC1) and 2000-2500 ms (LNC2). Dipole source analysis (EA-BS) localized the generator of LNC1 in the left prefrontal cortex (BA 10) which was possibly related to mapping the schema to the target problem, and the generator of LNC2 in the left prefrontal cortex (BA 9) which was possibly related to deciding whether a conclusion correctly follows from the schema.

  15. Towards elimination of asbestos-related diseases: a theoretical basis for international cooperation.

    Science.gov (United States)

    Takahashi, Ken; Kang, Seong-Kyu

    2010-12-01

    We develop a theoretical framework for international cooperation that can be used for the elimination of asbestos-related diseases (ARDs). The framework is based on the similarities in the temporal patterns of asbestos use and occurrence of ARDs in diverse countries. The status of each nation can be characterized by observing asbestos use and ARD frequency therein using a time window. Countries that supply technology for prevention of ARDs can be classified as donors and countries that receive these technologies as recipients. We suggest identification of three levels of core preventative technologies. Development of a common platform to gather and manage core preventative technologies will combine the strengths of donor countries and the needs of recipient countries.

  16. Shaping legal abortion provision in Ghana: using policy theory to understand provider-related obstacles to policy implementation

    Science.gov (United States)

    2013-01-01

    Background Unsafe abortion is a major public health problem in Ghana; despite its liberal abortion law, access to safe, legal abortion in public health facilities is limited. Theory is often neglected as a tool for providing evidence to inform better practice; in this study we investigated the reasons for poor implementation of the policy in Ghana using Lipsky’s theory of street-level bureaucracy to better understand how providers shape and implement policy and how provider-level barriers might be overcome. Methods In-depth interviews were conducted with 43 health professionals of different levels (managers, obstetricians, midwives) at three hospitals in Accra, as well as staff from smaller and private sector facilities. Relevant policy and related documents were also analysed. Results Findings confirm that health providers’ views shape provision of safe-abortion services. Most prominently, providers experience conflicts between their religious and moral beliefs about the sanctity of (foetal) life and their duty to provide safe-abortion care. Obstetricians were more exposed to international debates, treaties, and safe-abortion practices and had better awareness of national research on the public health implications of unsafe abortions; these factors tempered their religious views. Midwives were more driven by fundamental religious values condemning abortion as sinful. In addition to personal views and dilemmas, ‘social pressures’ (perceived views of others concerning abortion) and the actions of facility managers affected providers’ decision to (openly) provide abortion services. In order to achieve a workable balance between these pressures and duties, providers use their ‘discretion’ in deciding if and when to provide abortion services, and develop ‘coping mechanisms’ which impede implementation of abortion policy. Conclusions The application of theory confirmed its utility in a lower-middle income setting and expanded its scope by showing that

  17. Basis for the Age-related Decline in Intestinal Mucosal Immunity

    Directory of Open Access Journals (Sweden)

    Douglas L. Schmucker

    2003-01-01

    Full Text Available The elderly are characterized by mucosal immunosenescence and high rates of morbidity and mortality associated with infectious diseases of the intestinal tract. Little is known about how the differentiation of immunoglobulin A (IgA plasma cells in Peyer's patches (PPs and their subsequent homing to the small intestinal lamina propria (LP is affected by aging. Quantitative immunohistochemical analyses demonstrated a 2-fold increase in the number of IgA+ cells in the PPs, coupled with significant declines in the numbers of IgA+ and antibody-positive cells in the intestinal LP of senescent rats compared to young adult animals. These data suggest that aging diminishes the emigration of IgA immunoblasts from these lymphoid aggregates, as well as their migration to the intestinal LP. Flow cytometry and lymphocyte adoptive transfer studies showed 3- to 4-fold age-related declines in the homing of antibody-containing cells and mesenteric lymph node lymphocytes to the small intestines of rhesus macaques and rats, respectively. The number of peripheral blood IgA immunoblasts expressing the homing molecule α4β7 declined 30% in senescent rats. This was accompanied by a >17% decrease in the areal density of LP blood vessels staining positive for the cell adhesion molecule MAdCAM-1. Cumulatively, declines in expression of these homing molecules constitute a substantial age-related diminution of IgA immunoblast homing potential. In vitro antibody secretion by LP plasma cells, i.e. antibody secreted per antibody-positive cell, remains unchanged as a function of donor age. Intestinal mucosal immunosenescence is a consequence of reduced homing of IgA plasma cells to the intestinal LP as a result of declines in homing molecule expression.

  18. Technical basis for environmental qualification of microprocessor-based safety-related equipment in nuclear power plants

    International Nuclear Information System (INIS)

    Korsah, K.; Wood, R.T.; Hassan, M.; Tanaka, T.J.

    1998-01-01

    This document presents the results of studies sponsored by the Nuclear Regulatory Commission (NRC) to provide the technical basis for environmental qualification of computer-based safety equipment in nuclear power plants. The studies were conducted by Oak Ridge National Laboratory (ORNL), Sandia National Laboratories (SNL), and Brookhaven National Laboratory (BNL). The studies address the following: (1) adequacy of the present test methods for qualification of digital I and C systems; (2) preferred (i.e., Regulatory Guide-endorsed) standards; (3) recommended stressors to be included in the qualification process during type testing; (4) resolution of need for accelerated aging for equipment to be located in a benign environment; and (5) determination of an appropriate approach for addressing the impact of smoke in digital equipment qualification programs. Significant findings from the studies form the technical basis for a recommended approach to the environmental qualification of microprocessor-based safety-related equipment in nuclear power plants

  19. Technical basis for environmental qualification of microprocessor-based safety-related equipment in nuclear power plants

    Energy Technology Data Exchange (ETDEWEB)

    Korsah, K.; Wood, R.T. [Oak Ridge National Lab., TN (United States); Hassan, M. [Brookhaven National Lab., Upton, NY (United States); Tanaka, T.J. [Sandia National Labs., Albuquerque, NM (United States)

    1998-01-01

    This document presents the results of studies sponsored by the Nuclear Regulatory Commission (NRC) to provide the technical basis for environmental qualification of computer-based safety equipment in nuclear power plants. The studies were conducted by Oak Ridge National Laboratory (ORNL), Sandia National Laboratories (SNL), and Brookhaven National Laboratory (BNL). The studies address the following: (1) adequacy of the present test methods for qualification of digital I and C systems; (2) preferred (i.e., Regulatory Guide-endorsed) standards; (3) recommended stressors to be included in the qualification process during type testing; (4) resolution of need for accelerated aging for equipment to be located in a benign environment; and (5) determination of an appropriate approach for addressing the impact of smoke in digital equipment qualification programs. Significant findings from the studies form the technical basis for a recommended approach to the environmental qualification of microprocessor-based safety-related equipment in nuclear power plants.

  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. Relative hazard potential: the basis for definition of safety criteria for fast reactors

    International Nuclear Information System (INIS)

    Cave, L.; Ilberg, D.

    1977-02-01

    One of the main safety criteria to be met for larger thermal reactors is that the probability of exceeding the dose limits imposed by 10 CRF 100 should not be greater than 10 per reactor year. The potential hazard presented by a fast reactor could be substantially greater than that due to an LWR. The potential for harm of a reactor system may be judged by the effects which would arise from a severe accident. Several different types of effects may be considered: number of latent fatal cancers; number of deaths due to acute effects; number of thyroid tumors or nodules; extent of property damage; and genetic effects. Analytical methods for comparison are employed in this paper. A second important parameter reviewed in this report is the radio-toxicity attributed to the various isotopes. It was found that the worst conceivable accident to a 1000 MW(e) fast reactor would lead to effects on health greater by an order of magnitude than the worst accident usually considered for an LWR. Therefore, some reconsideration of the need for additional safety criteria for LMFBRs, as a guide to designers in relation to the control of the effects of very severe accidents, is desirable

  2. Genetic basis of yield and some yield related traits in basmati rice

    International Nuclear Information System (INIS)

    Saleem, M.Y.; Haq, M.A.; Mirza, J.I.

    2010-01-01

    Additive, dominance and epistasis components of genetic variation for yield and some yield related traits were assessed through modified triple test cross technique in Basmati rice. Epistasis was found an important part of genetic variation for plant height, tillers per plant, secondary branches per panicle, grains per panicle, 1000-grain weight and yield per plant except primary branches per panicle and panicle length. Bifurcation of epistasis showed that additive x additive (i) type and additive x dominance + dominance x dominance (j + l) types of non-allelic interactions were involved in the expression of these traits. Additive and dominance type of gene action influenced the expression of primary branches per panicle and panicle length. No evidence of directional dominance was observed for these two traits. For plant height, tillers per plant, secondary branches per panicle, grains per panicle, 1000-grain weight and yield per plant, recurrent selection or bi parental mating may be exercised in F2 and following generations however, selection of desired plants may be postponed till F5 or F6 generations to permit maximum obsession of epistatic effects to develop desired cultivar(s) in Basmati rice.(author)

  3. The relative stability of prehistorical geographic environment in China's tropics on the basis of archaeology

    Institute of Scientific and Technical Information of China (English)

    2002-01-01

    According to archaeological data from about sixty samples the relative stability ofphysical and human geographical environment in the tropical zone of China is discussed in thispaper. Because of the superior natural environment, sufficient food resources and a sparsepopulation resulting in the absence of social requirement to transform the productive forces, theadvancement of economy and society was stagnated during prehistorical period in China's tropics.Compared with northern China, the appearance of ground stone tool stagnated about 3,000 years,the beginning of Bronze Age, about 1,000 years, and the agriculture, 2,500-3,000 years. The noceramics age continued till the early Neolithic Age and the appearance of colour or white ceramicswas 2,000 years later than that in northern China. The life form of migration to gather and to huntcontinued till the middle Neolithic Age, and the fixed settlement based on agriculture 1,000-2,000years stagnated. The clan commune just appeared at the end of the Neolithic Age which was 2,000-3,000 years later than that in northern China.

  4. A new two-Dimensional Physical Basis for the Complementary Relation Between Terrestrial and pan Evaporation

    Science.gov (United States)

    Pettijohn, J. C.; Salvucci, G. D.

    2008-12-01

    Archived global measurements of water loss from evaporation pans constitute an important indirect measure of evaporative flux. Historical data from evaporation pans shows a decreasing trend over the last half century, but the relationship between pan evaporation and moisture-limited terrestrial evaporation is complex, leading to ambiguities in the interpretation of this data. Under energy-limited conditions, pan evaporation (Epan) and moisture-limited terrestrial evaporation (E) increase or decrease together, while in moisture- limited conditions these fluxes form a complementary relation in which increases in one rate accompany decreases in the other. This has lead to debate about the meaning of the observed trends in the context of changing climate. Here a two-dimensional numerical model of a wet pan in a drying landscape is used to demonstrate that, over a wide range of realistic atmospheric and surface conditions, the influence that changes in E have on Epan (1) are complementary and linear, (2) do not depend upon surface wind speed, and (3) are strikingly asymmetrical, in that a unit decrease in E causes approximately a five-fold increase in Epan, as found in a recent analysis of daily evaporation from US grasslands (Kahler and Brutsaert, 2006). Previous attempts to explain the CR have been based on one dimensional diffusion and energy balance arguments, leading to analytic solutions based on Penman-type bulk difference equations. But without acknowledging the spatially complex multidimensional humidity and temperature field around the pan, and specifically how these fields change as the contrast between the wet pan and the drying land surface increases, such integrated bulk difference equations are a priori incomplete (they ignore important divergence terms), and thus these explanations must be considered physically incomplete. Results of the present study improve the theoretical foundation of the CR, thus increasing the reliability with which it can be

  5. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

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

  6. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

  7. 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

  8. Political Dialogue As The Basis Of Foreign Policy: A Case Study Of Modern Russian-German Relations

    Directory of Open Access Journals (Sweden)

    Natalia V. Zaytseva

    2014-01-01

    Full Text Available His article deals with political dialogue as the basis of the progressive development of interstate cooperation and one of the few ways to diminish interstate tensions without use of military force. With the growing list of new threats and challenges it is very important to work out an effective mechanism of interstate cooperation and to use it in foreign policy. Political dialogue helps to form the basis for cooperation between states to ensure the security, political and socio-economic stability of countries. Moreover, the political dialogue in its various forms is no longer a seldom-used private practice. It is the "all-encompassing reality" now the study of which is necessary for understanding of the social, economic, and humanitarian phenomena in the international relations. The author analyzes principles, functions, rules of constructive interstate dialogue, reflects the conditions of the development of a true political dialogue and reveals the situation of its "stylization" The provisions presented in this article are presented from the viewpoint of practical use in the development of a constructive foreign policy. At the same time the author points to their philosophical basis, identifies regularities and characteristics from the standpoint of philosophical knowledge. As a practical demonstration of carrying on the political dialogue the article presents a brief description of Russian-German political relations at the present stage. Bilateral relations between these two countries, based on the rich history, consilience of main positions in resolving of international problems, largely reflect the basic terms and principles of a competent political dialogue.

  9. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

    Full Text Available In the article on the basis of the methodology of system analysis the legal nature and sources of legal regulation of the legal regime of official information in Ukraine in the conditions of adaptation of Ukrainian legislation to the legislation of the European Union are considered. A comparative legal analysis of official information in the public-law and private-law spheres in the context of legal regimes of restricted information, confidential information and information classified as state secrets has been conducted.

  10. 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.

  11. Selected Legal Challenges Relating to the Military use of Outer Space, with Specific Reference to Article IV of the Outer Space Treaty

    Directory of Open Access Journals (Sweden)

    Anél Ferreira-Snyman

    2015-12-01

    Full Text Available Since the end of the Second World War the potential use of outer space for military purposes persisted to be intrinsically linked to the development of space technology and space flight. The launch of the first artificial satellite, Sputnik 1, by the USSR in 1957 made Western states realise that a surprise attack from space was a real possibility, resulting in the so-called "space-race" between the USA and the USSR. During the Cold War space activities were intrinsically linked to the political objectives, priorities and national security concerns of the USA and the Soviet Union. After the Cold War the political relevance and benefits of space continued to be recognised by states. In view of the recent emergence of new major space powers such as China, the focus has again shifted to the military use of outer space and the potential that a state with advanced space technology may use it for military purposes in order to dominate other states. Article IV of the Outer Space Treaty prohibits the installation of nuclear weapons and weapons of mass destruction in outer space and determines that the moon and other celestial bodies shall be used for peaceful purposes only. Due to the dual-use character of many space assets, the distinction between military and non-military uses of outer space is becoming increasingly blurred. This article discusses a number of legal challenges presented by article IV of the Outer Space Treaty, relating specifically to the term peaceful, the distinction between the terms militarisation and weaponisation and the nature of a space weapon. It is concluded that article IV is in many respects outdated and that it cannot address the current legal issues relating to the military use of outer space. The legal vacuum in this area may have grave consequences not only for maintaining peace and security in outer space, but also on earth. Consequently, an international dialogue on the military uses of outer space should be

  12. A Goddess for semiotics of law and legal discourse

    Directory of Open Access Journals (Sweden)

    Jan M. Broekman

    2011-12-01

    Full Text Available The work of the great American philosopher Charles Sanders Peirce (1839-1914 becomes more and more appreciated beyond the boundaries of his pragmatism, a philosophical mainstream he founded in the early 20th century. This essay is inspired by five points of interest, all of which focus on law and legal discourse. Firstly, one should acknowledge that his proposal pertaining to a general theory of signs, which he called ‘semeiotics’ around 1860, leads to an untraditional and in-depth understanding of legal discourse: in essence, of law as a system of specific meanings and signs. Semiotics in general became a substantial part of his ‘evolutionary cosmology,’ an all-embracing approach to tackle classical and modern philosophical issues. Secondly, his anthropological intuition based on semiotics, (concentrated in the formula ‘man is a sign’ became important for our understanding of a human subject’s position in law, as author of a legal discourse as well as an individual subjected to law. Thirdly, the tensions between chance and continuity in legal discourse are of focal interest for the creation of legal meaning in law’s practices. Novelty, Peirce suggested in this context, occurs by the grace of chance rather than of continuity and fixed traditions. Fourthly, Roberta Kevelson (1931-1998 explored and expanded the field of legal semiotics on the basis of the works of Peirce. In doing so, she established an American tradition of legal semiotics distinct from a European tradition, which related more to linguists, psychologists and philosophers embracing structuralism. Fifthly, Tyche, the Ancient Goddess of fate and fortune, is because of Peirce’s references more at home in the US legal semiotic tradition. Her fame and influence reaches beyond law and became supported by recent archaeological discoveries, publications and exhibitions, which not only provide information about her background, but also underline her possible influence on

  13. 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...

  14. 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.

  15. 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.

  16. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  17. Technical basis for evaluating electromagnetic and radio-frequency interference in safety-related I ampersand C systems

    International Nuclear Information System (INIS)

    Ewing, P.D.; Korsah, K.

    1994-04-01

    This report discusses the development of the technical basis for the control of upsets and malfunctions in safety-related instrumentation and control (I ampersand C) systems caused by electromagnetic and radio-frequency interference (EMI/RFI) and power surges. The research was performed at the Oak Ridge National Laboratory (ORNL) and was sponsored by the USNRC Office of Nuclear Regulatory Research (RES). The motivation for research stems from the safety-related issues that need to be addressed with the application of advanced I ampersand C systems to nuclear power plants. Development of the technical basis centered around establishing good engineering practices to ensure that sufficient levels of electromagnetic compatibility (EMC) are maintained between the nuclear power plant's electronic and electromechanical systems known to be the source(s) of EMI/RFI and power surges. First, good EMC design and installation practices need to be established to control the impact of interference sources on nearby circuits and systems. These EMC good practices include circuit layouts, terminations, filtering, grounding, bonding, shielding, and adequate physical separation. Second, an EMI/RFI test and evaluation program needs to be established to outline the tests to be performed, the associated test methods to be followed, and carefully formulated acceptance criteria based on the intended environment to ensure that the circuit or system under test meets the recommended guidelines. Third, a program needs to be developed to perform confirmatory tests and evaluate the surge withstand capability (SWC) and of I ampersand C equipment connected to or installed in the vicinity of power circuits within the nuclear power plant. By following these three steps, the design and operability of safety-related I ampersand C systems against EMI/RFI and power surges can be evaluated, acceptance criteria can be developed, and appropriate regulatory guidance can be provided

  18. Drug-related deaths with evidences of body packing: Two case reports and medico-legal issues.

    Science.gov (United States)

    Cappelletti, Simone; Aromatario, Mariarosaria; Bottoni, Edoardo; Fiore, Paola Antonella; Straccamore, Marco; Umani Ronchi, Federica; De Mari, Guido Maria; Ciallella, Costantino

    2016-05-01

    Body packing is a general term used to indicate the internal transportation of drug packages, mainly cocaine, heroin, amphetamines, and methamphetamine, within the gastrointestinal tract. We described two cases of accidental drug intoxication, observed over the last year period, with evidence of intracorporeal drug concealment. The first case concerned a body packer transporting 69 drug packages of heroin adulterated with piracetam. The second body packer transported 16 drug packages of cocaine adulterated with levamisole. For both cases, forensic examination and toxicological analysis of drug packages and biological samples were carried out. Authors also wants to highlight the main medico-legal issues that commonly arise in cases of suspected or ascertained body packers. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

  19. Health-related biotechnologies for infectious disease control in Africa: Ethical, Legal and Social Implications (ELSI) of transfer and development.

    Science.gov (United States)

    Sommerfeld, J; Oduola, A M J

    2007-01-01

    The African continent is disproportionately affected by infectious diseases. Malaria, HIV/AIDS, tuberculosis, and more "neglected" diseases including African trypanosomiasis, Buruli ulcer, leishmaniasis, onchocerciasis and trachoma continue to dramatically impact social and economic development on the continent. Health biotechnologies provide potential to develop effective strategies for the fight against the vicious circle of poverty and infections by helping in the development and improvement of novel affordable drugs, diagnostics and vaccines against these diseases. As the prospects of this emerging biotechnology research and deployment of its products become a reality in Africa, there is a need to consider the ethical, legal and social implications of both the scientific and technological advances and their use in the communities. The article provides a short overview of the potential values of biotechnology, issues involved in its transfer and presents the rationale, design and recommendations of the international workshop/symposium held in April 2005 at the International Institute for Tropical Agriculture (IITA) in Ibadan, Nigeria.

  20. The Knowledge Level and Opinions of Physicians about the Medical and Legal Procedures Related to Physical Child Abuse

    Directory of Open Access Journals (Sweden)

    Sema Demirçin

    2017-04-01

    Full Text Available Background: In order to diagnose child abuse, physicians need to consider the possibility of abuse in every child they encounter, have sufficient information about the topic and manage the cases according to current law. Aims: To determine the knowledge level of physicians on child abuse and to learn their opinions about the procedures when they suspect child abuse. Study Design: A questionnaire (cross-sectional study. Methods: A detailed questionnaire was applied to 390 physicians of whom 233 were general practitioners. The first part of the questionnaire included demographic variables (age, gender, occupational experience and the frequency of child physical abuse cases encountered, since that is the most easily diagnosed and proven form of abuse. The second part consisted of 32 questions about diagnosis of physical child abuse and procedures during the follow-up of the cases. Statistical analyses were performed using SPSS version 18.0. Results: Of the participating physicians, 47.4% (n=185 were female and only 13.1% of the physicians had some kind of postgraduate training on child abuse. The correct response rate of specialists compared to general practitioners was significantly higher. A total of 263 (72.3% physicians thought that there was a specific law on physical child abuse in the Turkish Republic. More than two-thirds of physicians thought that reporting should only be addressed to Social Services and physicians should not be obliged to report to law enforcement. Conclusion: The results of the present study adds to the already known necessity for better training of physicians about physical child abuse and the need to refresh their knowledge through postgraduate courses. According to current regulations, it is obligatory to report abuse cases to the public prosecutor and/or police, therefore physicians also need training in respect of the legal status and medico-legal approach to these cases

  1. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

    Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

  2. Prawne zagadnienia związane z dostępem do zawodu syndyka = Legal issues related to access to profession of curator in bankruptcy

    OpenAIRE

    Klimczyk, Agata

    2015-01-01

    Klimczyk Agata. Prawne zagadnienia związane z dostępem do zawodu syndyka = Legal issues related to access to profession of curator in bankruptcy. Journal of Education, Health and Sport. 2015;5(8):307-310. ISSN 2391-8306. DOI 10.5281/zenodo.28819 http://dx.doi.org/10.5281/zenodo.28819 http://ojs.ukw.edu.pl/index.php/johs/article/view/2015%3B5%288%29%3A307-310 https://pbn.nauka.gov.pl/works/611539 POL-index https://pbn.nauka.gov.pl/polindex/browse/article/article-4fcd78eb-6ccb-4...

  3. Effectiveness of health tourism application as the basis of health related recreational technology in primary school pupils’ physical education

    Directory of Open Access Journals (Sweden)

    V.O. Kashuba

    2016-04-01

    Full Text Available Purpose: to search effective methods of health tourism application in physical education of primary school age pupils. Матеріал: in the research 40 children participated, who were divided into control (9 boys and 11 girls and experimental (10 boys and 10 girls groups. We registered physical fitness, physical health, adaptation-reserve potentials and psychological state of primary school pupils. Results: specificities of health tourism means’ application as the basis of health-related recreational technology were determined. We found improvement of children’s health by 10%. Besides, we observed prevailing improvement of organism’s resistance to environmental unfavorable factors and indicators of psycho-emotional state. Conclusions: application of health tourism means increases organism’s functional potentials, physical health and psycho-emotional state of schoolchildren.

  4. What is legal medicine--are legal and forensic medicine the same?

    Science.gov (United States)

    Beran, Roy G

    2010-04-01

    Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

  5. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    time the work substantiates that law is reluctant to take account of the past decisions of the individuals and institutions they are reviewing. By looking only at the particular decision under review and not calibrating the posture of review on the basis of a history of decisions reviewing courts and other reviewing institutions embody the particularism that is a large part of the American legal tradition. Practical significance the main provisions and conclusions of the article can be used in scientific and educational activity when viewing the issues of legal judgments calibration.

  6. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

    Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

  7. Principales bases legales relacionadas con la expedición y uso de estupefacientes, psicotrópicos y otras sustancias tóxicas en Cuba Main legal bases related to the prescription and use of stupefacients, psychotropic drugs, and other toxicants in Cuba

    Directory of Open Access Journals (Sweden)

    Héctor Barreiro Ramos

    2006-06-01

    substances under international and national supervision, many of which may be used with non-medical ends. The legal basis established in laws, decrees, resolutions, and other standing documents are summarized in this document. The main aspects included in this juridical instruments are stressed. Many of them have influenced on the changes made in recent years in the Penal Code in connection with the control of narcotics trade, and the abuse of regulated and/or forbidden toxicants. Information gathered is presented by related subjects that are grouped according to content, including comments on considerations relevant to the Cuban situation.

  8. PWR-related integral safety experiments in the PKL 111 test facility SBLOCA under beyond-design-basis accident conditions

    Energy Technology Data Exchange (ETDEWEB)

    Weber, P.; Umminger, K.J.; Schoen, B. [Siemens AG Power Generation Group (KWU), Erlangen (France)

    1995-09-01

    The thermal hydraulic behavior of a PWR during beyond-design-basis accident scenarios is of vital interest for the verification and optimization of accident management procedures. Within the scope of the German reactor safety research program experiments were performed in the volumetrically scaled PKL 111 test facility by Siemens/KWU. This highly instrumented test rig simulates a KWU-design PWR (1300 MWe). In particular, the latest tests performed related to a SBLOCA with additional system failures, e.g. nitrogen entering the primary system. In the case of a SBLOCA, it is the goal of the operator to put the plant in a condition where the decay heat can be removed first using the low pressure emergency core cooling system and then the residual heat removal system. The experimental investigation presented assumed the following beyond-design-basis accident conditions: 0.5% break in a cold leg, 2 of 4 steam generators (SGs) isolated on the secondary side (feedwater- and steam line-valves closed), filled with steam on the primary side, cooldown of the primary system using the remaining two steam generators, high pressure injection system only in the two loops with intact steam generators, if possible no operator actions to reach the conditions for residual heat removal system activation. Furthermore, it was postulated that 2 of the 4 hot leg accumulators had a reduced initial water inventory (increased nitrogen inventory), allowing nitrogen to enter the primary system at a pressure of 15 bar and nearly preventing the heat transfer in the SGs ({open_quotes}passivating{close_quotes} U-tubes). Due to this the heat transfer regime in the intact steam generators changed remarkably. The primary system showed self-regulating system effects and heat transfer improved again (reflux-condenser mode in the U-tube inlet region).

  9. Land Conversion, Social Impacts, and Legal Remedies ...

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

    Land Conversion, Social Impacts, and Legal Remedies: Understanding the Role of ... There is a recognized need for intermediary institutions, such as media, ... Birth registration is the basis for advancing gender equality and children's rights.

  10. Expression of Tau Pathology-Related Proteins in Different Brain Regions: A Molecular Basis of Tau Pathogenesis.

    Science.gov (United States)

    Hu, Wen; Wu, Feng; Zhang, Yanchong; Gong, Cheng-Xin; Iqbal, Khalid; Liu, Fei

    2017-01-01

    Microtubule-associated protein tau is hyperphosphorylated and aggregated in affected neurons in Alzheimer disease (AD) brains. The tau pathology starts from the entorhinal cortex (EC), spreads to the hippocampus and frontal and temporal cortices, and finally to all isocortex areas, but the cerebellum is spared from tau lesions. The molecular basis of differential vulnerability of different brain regions to tau pathology is not understood. In the present study, we analyzed brain regional expressions of tau and tau pathology-related proteins. We found that tau was hyperphosphorylated at multiple sites in the frontal cortex (FC), but not in the cerebellum, from AD brain. The level of tau expression in the cerebellum was about 1/4 of that seen in the frontal and temporal cortices in human brain. In the rat brain, the expression level of tau with three microtubule-binding repeats (3R-tau) was comparable in the hippocampus, EC, FC, parietal-temporal cortex (PTC), occipital-temporal cortex (OTC), striatum, thalamus, olfactory bulb (OB) and cerebellum. However, the expression level of 4R-tau was the highest in the EC and the lowest in the cerebellum. Tau phosphatases, kinases, microtubule-related proteins and other tau pathology-related proteins were also expressed in a region-specific manner in the rat brain. These results suggest that higher levels of tau and tau kinases in the EC and low levels of these proteins in the cerebellum may accounts for the vulnerability and resistance of these representative brain regions to the development of tau pathology, respectively. The present study provides the regional expression profiles of tau and tau pathology-related proteins in the brain, which may help understand the brain regional vulnerability to tau pathology in neurodegenerative tauopathies.

  11. Cellular basis of morphological variation and temperature-related plasticity in Drosophila melanogaster strains with divergent wing shapes.

    Science.gov (United States)

    Torquato, Libéria Souza; Mattos, Daniel; Matta, Bruna Palma; Bitner-Mathé, Blanche Christine

    2014-12-01

    Organ shape evolves through cross-generational changes in developmental patterns at cellular and/or tissue levels that ultimately alter tissue dimensions and final adult proportions. Here, we investigated the cellular basis of an artificially selected divergence in the outline shape of Drosophila melanogaster wings, by comparing flies with elongated or rounded wing shapes but with remarkably similar wing sizes. We also tested whether cellular plasticity in response to developmental temperature was altered by such selection. Results show that variation in cellular traits is associated with wing shape differences, and that cell number may play an important role in wing shape response to selection. Regarding the effects of developmental temperature, a size-related plastic response was observed, in that flies reared at 16 °C developed larger wings with larger and more numerous cells across all intervein regions relative to flies reared at 25 °C. Nevertheless, no conclusive indication of altered phenotypic plasticity was found between selection strains for any wing or cellular trait. We also described how cell area is distributed across different intervein regions. It follows that cell area tends to decrease along the anterior wing compartment and increase along the posterior one. Remarkably, such pattern was observed not only in the selected strains but also in the natural baseline population, suggesting that it might be canalized during development and was not altered by the intense program of artificial selection for divergent wing shapes.

  12. Legal issues relating to the feed-in of biogas under the Gas Network Access Ordinance; Rechtsfragen der Biogaseinspeisung nach der GasNZV

    Energy Technology Data Exchange (ETDEWEB)

    Stappert, Holger; Johannsen, Sven Leif Erik [Luther Rechtsanwaltsgesellschaft mbH, Duesseldorf (Germany)

    2012-07-01

    In the authors' view, the legislature has set itself ambitious goals in regulating the feed-in of biogas into the natural gas grid. Aside from the economic considerations that are leading investors to prefer other investment opportunities there are also a number of unresolved technical issues relating to the feed-in of biogas. Furthermore, network operators find themselves confronted with considerable legal uncertainty as they process grid connection applications, i.e. in the time interval from application submission until contract conclusion. In spite of being allowed only 3 months for processing connection applications, grid operators are required to bind themselves to a high degree in approving an application. This is a particular cause of difficulty given the as yet unresolved technical problems and is accordingly subject to controversy. In those difficult cases where it not possible to guarantee year-round feed-in of biogas into the grid because of unavailability of deodorant plants that would be needed for the ability to backfeed biogas into upstream grids, resolution would often nevertheless be possible if it was clearly indicated that use of a ''bypass solution'' as a means of ensuring overall cost-effectiveness would be accepted as a capacity-enhancing measure for purposes of cost allocation. This would provide grid operators a way of reliably circumventing the technical difficulties associated with deodorisation, enabling them to connect biogas production plants to the grid without having to deal with these technical issues which still await their final resolution. Under the law currently in force there is no legal impediment, subject to the specifics of the individual case, to accepting a bypass solution as a capacity enhancing measure. It would help grid operators in obtaining legal certainty, and ultimately promote investment in biogas projects, if the legislature were to clarify these issues in the Gas Network Access Ordinance.

  13. 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...

  14. Substantiation and working out of recreation health related technology on the basis of health related hiking and orienteering for junior school age children

    Directory of Open Access Journals (Sweden)

    N.N. Goncharova

    2015-11-01

    Full Text Available Purpose: to study role of health related hiking and orienteering in improvement of children’s physical conditions. Material: 163 children of 7 - 10 years old age participated in the research (82 boys and 81 girls. Tests for assessment of physical condition, physical health, adaptation reserve potentials and motor functioning of junior schoolchildren were used. Results: It was found that 46,01% of pupils can be considered healthy. Accordingly more than half (53,99% have not infectious diseases. Among them nosologies of musculoskeletal apparatus prevail. In academic day with physical culture lesson average and high levels of motor functioning prevail (61,36%. Recreation health related technology on the basis of health related hiking and orienteering has been theoretically substantiated and worked out. Its structural components and content have been described. Realization of recreation health related technology is envisaged to be in three stages. Most of classes shall be in the open air. Conclusions: low level of adaptation reserve potentials and physical health of children have been determined that points at demand in health related measures in junior schoolchildren’s physical education.

  15. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

  16. The neural basis of love as a subliminal prime: an event-related functional magnetic resonance imaging study.

    Science.gov (United States)

    Ortigue, S; Bianchi-Demicheli, F; Hamilton, A F de C; Grafton, S T

    2007-07-01

    Throughout the ages, love has been defined as a motivated and goal-directed mechanism with explicit and implicit mechanisms. Recent evidence demonstrated that the explicit representation of love recruits subcorticocortical pathways mediating reward, emotion, and motivation systems. However, the neural basis of the implicit (unconscious) representation of love remains unknown. To assess this question, we combined event-related functional magnetic resonance imaging (fMRI) with a behavioral subliminal priming paradigm embedded in a lexical decision task. In this task, the name of either a beloved partner, a neutral friend, or a passionate hobby was subliminally presented before a target stimulus (word, nonword, or blank), and participants were required to decide if the target was a word or not. Behavioral results showed that subliminal presentation of either a beloved's name (love prime) or a passion descriptor (passion prime) enhanced reaction times in a similar fashion. Subliminal presentation of a friend's name (friend prime) did not show any beneficial effects. Functional results showed that subliminal priming with a beloved's name (as opposed to either a friend's name or a passion descriptor) specifically recruited brain areas involved in abstract representations of others and the self, in addition to motivation circuits shared with other sources of passion. More precisely, love primes recruited the fusiform and angular gyri. Our findings suggest that love, as a subliminal prime, involves a specific neural network that surpasses a dopaminergic-motivation system.

  17. 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.

  18. Legal bases of resource policy in the Federal Republic of Germany. A contribution towards law-related geography. Die rechtlichen Grundlagen der Ressourcenpolitik in der Bundesrepublik Deutschland. Ein Beitrag zur Rechtsgeographie

    Energy Technology Data Exchange (ETDEWEB)

    Graafen, R

    1983-01-01

    This work from the field of law-related geography deals with the legal regulations issued in the framework of resource policy and with their territorial effects. One of the purpose of law-related geography is to present those legal regulations which bear on territory in a manner easy to survey. The different legal forms to be considered (law, legal regulation, administrative regulation, statutes, law of the (European Community etc.) provide a means of approach. From the peculiarities of the individual legal forms it is possible to tell for instance in how far they possess validity as against citizens or only as against authorities, in how far they are cogent or only constitute recommendations, or whether citizens are allowed to participate in the precise definition of regulations, what standard of European Community law are immediately applied in the Federal Republic of Germany, or what the order of priority of legal regulations is. The study investigates above all the territory-related consequences of regional and land use planning, the federal mining law, energy policy with regard to black coal, brown coal, petroleum and naturel gas, of the planning of power plans sites, local supply concepts, transport infra-structure policy, the federal immission protection law and of regulations for the protection of nature or governing forest and water management. (orig./HSCH).

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

    Directory of Open Access Journals (Sweden)

    Yeni Salma Barlinti

    2011-01-01

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

  20. An anatomical and physiological basis for the cardiovascular autonomic nervous system consequences of sport-related brain injury.

    Science.gov (United States)

    La Fountaine, Michael F

    2017-11-29

    to demonstrate the potential effects of concussive head trauma on corresponding outcome measurements. Evidence from experimental models will be used to describe abnormal cellular functions and provide a hypothetical mechanistic basis for the respective responses of the anatomical structures to concussive head trauma. When available, example observations from the human concussion literature will be presented to demonstrate the effects of concussive head trauma that may be related to anomalous activity in the respective anatomical structures of the autonomic nervous system. Copyright © 2017 Elsevier B.V. All rights reserved.

  1. 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)

  2. Criminal-legal prohibitions in the soviet juridical discourse

    Directory of Open Access Journals (Sweden)

    Andrey V. Skorobogatov

    2014-01-01

    Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.

  3. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    we believe, an opportunity to analyze the formation of the ideal of legal personality. Paper objective. Thus, the purpose of this article is analysis and systematization of philosophical views on the issue of forming the ideal of legal personality in Russian philosophy of law, limited by the late 19th - early 20th century During this period, leading philosophers and jurists come to the conclusion that the existence and development of the law governed state should be based on a legal personality. Taking into account the diversity of interpretations of liberal concepts, we begin with a brief description of the charms of liberal ideas, find out the core values that inspire these concepts and focus on the source of political programs and core values - individual autonomy. Paper main body. As it is known, liberalism is a dynamic system that responds to changes in social life and is transformed according to the new reality. Liberal concepts of the thinkers of that time give us the opportunity to realize what freedom, equality and human rights are inviolable condition for the individual existence of human being, laying the values and guidance in the legal consciousness of a person and promoting an individual’s recognition of law as the main regulator of social relations, aimed at protecting and strengthening the autonomy (which directly is an ideal basis for development of a legal personality. Conclusions of the research. Thus, the abovementioned allows us to understand the significance of liberal ideas for building a modern ideal model of legal personality, formed on a combination of the spiritual and legal ideals and values. The importance of the concepts of representatives of Russian liberalism is determined by existence of: 1 the idea of equality, which in turn becomes a conceptual basis in shaping of legal personality (after all, the basic values help to reveal the inner depth (essence of the personality, thereby reducing it to the level of subject, on whose

  4. A contract-law perspective on legal cases in financial reporting: the Netherlands, 1880-1970

    NARCIS (Netherlands)

    Camfferman, C.

    2012-01-01

    This paper proposes a framework for the historical analysis of judicial decisions in financial reporting that may provide a basis for comparative research in the historical relation between the law and accounting. It is suggested that contract law may have been the dominant legal domain in which

  5. 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...

  6. 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...

  7. 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...

  8. Confronting the Ubiquity of Electronic Communication and Social Media: Ethical and Legal Considerations for Psychoeducational Practice

    Science.gov (United States)

    Demers, Joseph A.; Sullivan, Amanda L.

    2016-01-01

    Most U.S. children and adults use computers and the Internet on a daily basis. The pervasiveness of electronic communication in a variety of contexts, including home and school, raises ethical and legal concerns for school psychologists and those in related fields of practice, because of the risks to privacy and confidentiality, boundaries,…

  9. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    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...

  10. 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....

  11. The meaning of a legal category of “sanction”

    Directory of Open Access Journals (Sweden)

    Al’bina Sergeyevna Panova

    2015-06-01

    Full Text Available Objective to study the legal category of sanction. Methods dialectical systematic and logical methods of analysis synthesis. Results the study of the legal category of quotsanctionquot has shown that a sanction can be applied on a regulatory or contractual basis if stipulated by a civil agreement and as the measures of liability and protection. One of the promising directions of its use is the motivating one ndash sanctions can provide the legal consequences favorable for those who observe the behavior stipulated by the law. The following is offered as the direction of development of domestic legislation on sanctions verification of compliance of the sanctions amount and terms with the offences gravity introduction of previously nonexistent sanctions for example speculation on food and currency markets the use of discretionary sanctions as a means of positive legal stimulation of the economy. Scientific novelty the conclusion is made about the nature of the sanctions it is proved that the sanction is a legal means the use of which enables the victim to protect their violated challenged rights provided for by the legislation and or the agreement and implies adverse consequences of property and or organizational nature for the offender. The sanctions application has its own peculiarities. Their use is aimed at curbing the illegal actions of the offender debtor to stimulate them to the proper performance of statutory or contractual duties often sanctions are aimed at compensating for damage caused to the creditor. A peculiar feature of the sanctions is that they are a necessary component of the legal system. Practical value the results obtained can be used to conduct economic and legal research relating to the economics and entrepreneurship in treaty practice in teaching the disciplines of Civil Law Business Law Commercial Law etc. nbsp

  12. The Question of the Legal Nature and Status of Real Estate Objects for Religious Purposes

    Directory of Open Access Journals (Sweden)

    Roman V. Tupikin

    2016-12-01

    ABSTRACT: The article is devoted to research of the texts of foreign laws, regulations, and concordats on property relations between the state and religious institutions, on property rights of religious institutions and property relations in religious institutions (regarding property objects for religious purposes, on the status of some property objects for religious purposes. The author of the research analyzed the features of legal and contractual regulation of property relations of religious institutions and the status of property objects for religious purposes. The methodological foundation of the research presented has comparative and legal research method as the basis.

  13. The molecular basis for the pharmacokinetics and pharmacodynamics of curcumin and its metabolites in relation to cancer

    NARCIS (Netherlands)

    Heger, Michal; van Golen, Rowan F.; Broekgaarden, Mans; Michel, Martin C.

    2014-01-01

    This review addresses the oncopharmacological properties of curcumin at the molecular level. First, the interactions between curcumin and its molecular targets are addressed on the basis of curcumin's distinct chemical properties, which include H-bond donating and accepting capacity of the

  14. Critical review of methodology and application of risk ranking for prioritisation of food and feed related issues, on the basis of the size of anticipated health impact

    DEFF Research Database (Denmark)

    van der Fels-Klerx, H. J.; van Asselt, E. D.; Raley, M.

    , an overarching framework was developed for selection of the appropriate method(s) that could be used for risk ranking of feed and food related hazards, on the basis of human health impact. This framework has the format of a decision tool, with which – given the characteristics of the risk ranking question...... at hand - the most appropriate method(s) can be selected. Application of this overall framework to several case studies showed it can be a useful tool for risk managers/assessors to select the most suitable method for risk ranking of feed/food and diet related hazards, on the basis of expected human......This study aimed to critically review methodologies for ranking of risks related to feed/food safety and nutritional hazards, on the basis of their anticipated human health impact. An extensive systematic literature review was performed to identify and characterize the available methodologies...

  15. Legal pluralism and social justice in economic and political development

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2001-01-01

    Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a

  16. Building the South African Nation through Legal Deposit: The Impact ...

    African Journals Online (AJOL)

    The legal deposit of and preservation of digital materials depends on the proper legislative framework and implementation of the Legal Deposit Act. This article examines the challenges related to legal instruments affecting the legal deposit of digital materials in South Africa. Two main objectives of the study upon which this ...

  17. Strategic and legal framework in forestry and related sectors: Climate change mitigation in European Union and Serbia

    Directory of Open Access Journals (Sweden)

    Ranković Nenad

    2016-01-01

    Full Text Available The important role of forests in mitigating and adapting to climate changes is recognized and widely accepted. Therefore, it becomes a subject of universal interest and support. However, in the national strategies relating to climate change, the importance of the forestry sector in mitigating these changes is quite often not discussed in detail. In addition, the problem of climate change is not fully represented and included in national forestry policies. The aim of this research was to determine the compliance and differences of strategic and legislative frameworks in forestry and related sectors, relating to climate change mitigation in the EU and Serbia. At the EU level, there are two strategies and a policy framework, and in Serbia, eight sectoral strategies, referring and discussing the climate change mitigation through forestry. At the same time, these issues are highlighted as the primary objective, only in the Climate and Energy Package of the EU and the Forestry Development Strategy in Serbia. In terms of legislative framework in Serbia, two laws have climate change mitigation through forestry as the primary objective, while for the analyzed relevant EU legislation, this is a secondary objective. In Serbia, only the Forest law has a direct impact on climate change mitigation through forestry, while at EU level, there is no regulation, directive or communication, with the same direct influence. [Projekat Ministarstva nauke Republike Srbije, br. 43007: Studies of climate changes and their impact on the environment-monitoring impacts, adaptation and mitigation, podprojekat, 43007/16-III: Socio-economic development, mitigation and adaptation to climate change

  18. 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....

  19. How understanding and application of drug-related legal instruments affects harm reduction interventions in Cambodia: a qualitative study.

    Science.gov (United States)

    Tuot, Sovannary; Ngin, Chanrith; Pal, Khuondyla; Sou, Sochenda; Sawez, Ghazal; Morgan, Phylicia; Srey, Mony; Chan, Tola; Chhoun, Pheak; Golichenko, Olga; Choub, Sok Chamreun; Yi, Siyan

    2017-06-19

    Harm reduction interventions in Cambodia face numerous obstacles because of conflicting understanding and interests and inconsistencies in the implementation by law enforcement officials. This study aims to examine how understanding and application of Drug Control Law (DCL) and Village/Commune Safety Policy (VCSP) affects harm reduction interventions in Cambodia from the standpoints of law enforcement officials, people who inject drugs and people who use drugs (PWID/PWUD), as well as other key stakeholders. This qualitative study was conducted in the capital city of Phnom Penh in 2015. We held five focus group discussions (FGDs) with groups of PWID/PWUD, police officers, Sangkat/commune officers, and local non-governmental organization (NGO) field staff. We also conducted ten key informant interviews (KIIs) with representatives from government agencies, donor agencies, and NGOs. FGDs and KIIs with Cambodian participants were transcribed in Khmer and translated into English. KIIs with foreign participants were transcribed in English. Transcripts were read and re-read to identify emerging themes, which were reviewed and refined to develop common and divergent patterns. There was a huge gap between what the DCL and VCSP say and how law enforcement officers and PWID/PWUD understood them. The gap was also evident in how law enforcement officers implemented the DCL and VCSP. Harm reduction services, including health- and non-health-related interventions, were limited and challenged by unsupportive attitudes, misinterpretation of the DCL and VCSP, and the lack of full engagement with NGOs in the development of these instruments. The needs of PWID/PWUD in accessing health care services were not met due to misconduct of authorities while practicing the DCL and VCSP. Further, the misconduct and enforcement of the law and policy lead to increased social discrimination and physical abuses against PWID/PWUD. There is a lack of common understanding of the drug-related law and

  20. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.

  1. 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

  2. Critical review of methodology and application of risk ranking for prioritisation of food and feed related issues, on the basis of the size of anticipated health impact

    NARCIS (Netherlands)

    Fels-Klerx, van der H.J.; Asselt, van E.D.; Raley, M.; Poulsen, M.; Korsgaard, H.; Bredsdorff, L.; Nauta, M.; Flari, V.; Agostino, D' M.; Coles, D.G.; Frewer, L.J.

    2015-01-01

    This study aimed to critically review methodologies for ranking of risks related to feed/food safety and nutritional hazards, on the basis of their anticipated human health impact. An extensive systematic literature review was performed to identify and characterize the available methodologies for

  3. Medical legal aspects of radiation oncology

    International Nuclear Information System (INIS)

    Wall, Terry J.

    1996-01-01

    The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed

  4. Theory of Social Space by P. Bourdieu as a Theoretical Background for Studying Discourse Practices in the Legal Field

    Directory of Open Access Journals (Sweden)

    Olga A. Krapivkina

    2017-12-01

    Full Text Available The paper aims at expanding the theoretical basis of discourse analysis by involving the theory of fields by P. Bourdieu who says that there is a social genesis of perception and thinking patterns and actions (habitus, on the one hand, and social structures and fields, on the other one. The speaking subject is influenced by objective relations of forces typical for a certain field – a social area with specific social relations, means and purposes. All agents of the legal field are able to use polysemy of legal formulas, tend to use the elasticity of the law, existing ambiguity and gaps in their own interests. Using expert knowledge as a manipulative resource, agents of the legal field enforce their own views on lay people. Social differences between agents of the legal field (legal experts and their clients (lay people are due to their struggle for monopoly which means increase in distance between formally specified legal rules and na−ve intuitive concepts of legal phenomena. Individuals who are prone to behavior complying with a certain matrix of social actions are a typical feature of legal discourse practices. When interacting with lay people, experts, whose actions comply with specific institutional status, control their discursive behavior.

  5. A Story of Law and Incentives: A Comparative Legal Understanding of Corporate Risk and Incentives in Relation to Human Rights Liability

    OpenAIRE

    Kaeb, Caroline

    2012-01-01

    This work examines the concept of Corporate Social Responsibility (CSR), particularly corporate human rights responsibility, by telling a “story of law and incentives” in way that fosters a comparative legal understanding of corporate risks and motivational drivers. The 2008 financial crisis has shown that trustworthiness on the part of corporations is indispensable for the sustainable well-being of society and corporate success alike. This reality mandates assessing the current legal and eco...

  6. 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 ...

  7. The Relationship Between Factors Related to Divorce Request and Mental Health Among Divorce Applicant Women Referred to Legal Medicine Organization in Ahvaz, Iran

    Directory of Open Access Journals (Sweden)

    Lida Jalili

    2018-03-01

    Full Text Available Objective: This study aimed to investigate the relationship between factors related to divorce request with mental health among divorce applicant women in order to understand the effect of these factors on women's mental health.Materials and methods: This study was a cross-sectional study performed on 434 divorce applicant women who referred to legal medicine department of Ahvaz in 2013 based on convenience sampling. Information was collected by using researcher made questionnaire for factors affecting divorce and symptom checklist-25 (SCL-25 standard questionnaire. The data were analyzed using SPSS ver.18.Results: The results showed that among the social factors, life skills and communication, family and individual factors had a significant relationship with mental health among divorce applicant women (p < 0.05. No relationship was seen with economic and cultural factors affecting divorce request (p > 0.05.Conclusion: Regarding the negative effects of various causative factors of divorce on mental health of women including social, life skills, communication, family and individual factors strategies for prevention and reduction of these factors should be seriously considered for prevention and early treatment of mental health problems. These strategies include counseling before marriage, after marriage and during the divorce process.

  8. Relations of Parenting Quality, Interparental Conflict, and Overnights with Mental Health Problems of Children in Divorcing Families with High Legal Conflict

    Science.gov (United States)

    Sandler, Irwin N.; Wheeler, Lorey A.; Braver, Sanford L.

    2013-01-01

    The current study examined the associations between child mental health problems and the quality of maternal and paternal parenting, and how these associations were moderated by three contextual factors, quality of parenting by the other parent, interparental conflict, and the number of overnights parents had with the child. Data for the current study come from a sample of divorcing families who are in high legal conflict over developing or maintaining a parenting plan following divorce. Analyses revealed that the associations between child mental health problems and positive maternal and paternal parenting were moderated by the quality of parenting provided by the other parent and by the number of overnights children spent with parents, but not by the level of interparental conflict. When both parenting by the other parent and number of overnights were considered in the same model, only number of overnights moderated the relations between parenting and child behavior problems. The results support the proposition that the well-being of children in high conflict divorcing families is better when they spend adequate time with at least one parent who provides high quality parenting. PMID:24098960

  9. 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

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

    Directory of Open Access Journals (Sweden)

    Vladimir Rybakov

    2017-01-01

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

  11. 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.

  12. Autonomous driving technical, legal and social aspects

    CERN Document Server

    Gerdes, J; Lenz, Barbara; Winner, Hermann

    2016-01-01

    This book takes a look at fully automated, autonomous vehicles and discusses many open questions: How can autonomous vehicles be integrated into the current transportation system with diverse users and human drivers? Where do automated vehicles fall under current legal frameworks? What risks are associated with automation and how will society respond to these risks? How will the marketplace react to automated vehicles and what changes may be necessary for companies? Experts from Germany and the United States define key societal, engineering, and mobility issues related to the automation of vehicles. They discuss the decisions programmers of automated vehicles must make to enable vehicles to perceive their environment, interact with other road users, and choose actions that may have ethical consequences. The authors further identify expectations and concerns that will form the basis for individual and societal acceptance of autonomous driving. While the safety benefits of such vehicles are tremendous, the auth...

  13. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

  14. 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.

  15. Relation of exact Gaussian basis methods to the dephasing representation: Theory and application to time-resolved electronic spectra

    Science.gov (United States)

    Sulc, Miroslav; Hernandez, Henar; Martinez, Todd J.; Vanicek, Jiri

    2014-03-01

    We recently showed that the Dephasing Representation (DR) provides an efficient tool for computing ultrafast electronic spectra and that cellularization yields further acceleration [M. Šulc and J. Vaníček, Mol. Phys. 110, 945 (2012)]. Here we focus on increasing its accuracy by first implementing an exact Gaussian basis method (GBM) combining the accuracy of quantum dynamics and efficiency of classical dynamics. The DR is then derived together with ten other methods for computing time-resolved spectra with intermediate accuracy and efficiency. These include the Gaussian DR (GDR), an exact generalization of the DR, in which trajectories are replaced by communicating frozen Gaussians evolving classically with an average Hamiltonian. The methods are tested numerically on time correlation functions and time-resolved stimulated emission spectra in the harmonic potential, pyrazine S0 /S1 model, and quartic oscillator. Both the GBM and the GDR are shown to increase the accuracy of the DR. Surprisingly, in chaotic systems the GDR can outperform the presumably more accurate GBM, in which the two bases evolve separately. This research was supported by the Swiss NSF Grant No. 200021_124936/1 and NCCR Molecular Ultrafast Science & Technology (MUST), and by the EPFL.

  16. 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

  17. 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.

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

    African Journals Online (AJOL)

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

  19. 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

  20. 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

  1. 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

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

    International Nuclear Information System (INIS)

    Lohse, S.

    1993-01-01

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

  3. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2017-01-01

    We investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of

  4. Reproduction, women, and the workplace: legal issues.

    Science.gov (United States)

    Bertin, J E

    1986-01-01

    Legal conflict has marked the effort to protect workers against reproductive injury, and legal activity in the management of occupational risks reflects a much broader range of important social issues, such as sexual discrimination in the workplace. This article describes the evolving law related to reproductive hazards that concern men, women and children.

  5. Choice: Ethical and Legal Rehabilitation Challenges.

    Science.gov (United States)

    Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.

    2000-01-01

    The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…

  6. Chasing sympatric speciation: The relative importance and genetic basis of prezygotic isolation barriers in diverging populations of Spodoptera frugiperda

    NARCIS (Netherlands)

    Hänniger, S.

    2015-01-01

    This thesis investigates the mechanisms underlying three prezygotic isolation barriers between the corn- and the rice-strain of the noctuid moth Spodoptera frugiperda to determine possible interactions between these isolation barriers and their relative importance for sympatric speciation. First, we

  7. Coronary diastolic pressure-flow relation and zero flow pressure explained on the basis of intramyocardial compliance

    NARCIS (Netherlands)

    Spaan, J. A.

    1985-01-01

    In the controversy about the mechanisms determining the high zero flow pressures and the further interpretation of coronary diastolic pressure flow relations, this paper takes a stand in favor of intramyocardial compliance as the primary cause of the high zero flow pressures. An attempt has been

  8. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

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

  9. Ab initio calculation of reaction energies. III. Basis set dependence of relative energies on the FH2 and H2CO potential energy surfaces

    International Nuclear Information System (INIS)

    Frisch, M.J.; Binkley, J.S.; Schaefer, H.F. III

    1984-01-01

    The relative energies of the stationary points on the FH 2 and H 2 CO nuclear potential energy surfaces relevant to the hydrogen atom abstraction, H 2 elimination and 1,2-hydrogen shift reactions have been examined using fourth-order Moller--Plesset perturbation theory and a variety of basis sets. The theoretical absolute zero activation energy for the F+H 2 →FH+H reaction is in better agreement with experiment than previous theoretical studies, and part of the disagreement between earlier theoretical calculations and experiment is found to result from the use of assumed rather than calculated zero-point vibrational energies. The fourth-order reaction energy for the elimination of hydrogen from formaldehyde is within 2 kcal mol -1 of the experimental value using the largest basis set considered. The qualitative features of the H 2 CO surface are unchanged by expansion of the basis set beyond the polarized triple-zeta level, but diffuse functions and several sets of polarization functions are found to be necessary for quantitative accuracy in predicted reaction and activation energies. Basis sets and levels of perturbation theory which represent good compromises between computational efficiency and accuracy are recommended

  10. Legal Education, Liberal Education, and the Trivial "Artes."

    Science.gov (United States)

    Kimball, Bruce A.

    1986-01-01

    Reviews the influence of liberal education upon legal education, studying the historical process according to which changes of emphasis within liberal education (from rhetoric to dialectic or the reverse) have been reflected in related changes in legal education. (AYC)

  11. 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.

  12. The familial basis of facial emotion recognition deficits in adolescents with conduct disorder and their unaffected relatives.

    Science.gov (United States)

    Sully, K; Sonuga-Barke, E J S; Fairchild, G

    2015-07-01

    There is accumulating evidence of impairments in facial emotion recognition in adolescents with conduct disorder (CD). However, the majority of studies in this area have only been able to demonstrate an association, rather than a causal link, between emotion recognition deficits and CD. To move closer towards understanding the causal pathways linking emotion recognition problems with CD, we studied emotion recognition in the unaffected first-degree relatives of CD probands, as well as those with a diagnosis of CD. Using a family-based design, we investigated facial emotion recognition in probands with CD (n = 43), their unaffected relatives (n = 21), and healthy controls (n = 38). We used the Emotion Hexagon task, an alternative forced-choice task using morphed facial expressions depicting the six primary emotions, to assess facial emotion recognition accuracy. Relative to controls, the CD group showed impaired recognition of anger, fear, happiness, sadness and surprise (all p emotion recognition deficits are present in adolescents who are at increased familial risk for developing antisocial behaviour, as well as those who have already developed CD. Consequently, impaired emotion recognition appears to be a viable familial risk marker or candidate endophenotype for CD.

  13. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  14. Regulatory and legal issues

    International Nuclear Information System (INIS)

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

    1999-01-01

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

  15. 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.

  16. Structural Aging Program approach to providing an improved basis for aging management of safety-related concrete structures

    International Nuclear Information System (INIS)

    Naus, D.J.; Oland, C.B.; Ellingwood, B.

    1993-01-01

    The Structural Aging (SAG) Program is being conducted at the Oak Ridge National Laboratory (ORNL) for the United States Nuclear Regulatory Commission (USNRC). The SAG Program is addressing the aging management of safety-related concrete structures in nuclear power plants for the purpose of providing improved technical bases for their continued service. The program is organized into four tasks: Program Management, Materials Property Data Base, Structural Component Assessment/Repair Technologies, and Quantitative Methodology for Continued Service Determinations. Objectives and a summary of recent accomplishments under each of these tasks are presented

  17. Experiencing 'pathologized presence and normalized absence'; understanding health related experiences and access to health care among Iraqi and Somali asylum seekers, refugees and persons without legal status.

    Science.gov (United States)

    Fang, Mei Lan; Sixsmith, Judith; Lawthom, Rebecca; Mountian, Ilana; Shahrin, Afifa

    2015-09-19

    Asylum seekers, refugees and persons without legal status have been reported to experience a range of difficulties when accessing public services and supports in the UK. While research has identified health care barriers to equitable access such as language difficulties, it has not considered the broader social contexts of marginalization experienced through the dynamics of 'othering'. The current study explores health and health care experiences of Somali and Iraqi asylum seekers, refugees and persons without legal status, highlighting 'minoritization' processes and the 'pathologization' of difference as analytical lenses to understand the multiple layers of oppression that contribute to health inequities. For the study, qualitative methods were used to document the lived experiences of asylum seekers, refugees and persons without legal status. Thirty-five in-depth interviews and five focus groups were used to explore personal accounts, reveal shared understandings and enable social, cognitive and emotional understandings of on-going health problems and challenges when seeking treatment and care. A participatory framework was undertaken which inspired collaborative workings with local organizations that worked directly with asylum seekers, refugees and persons without legal status. The analysis revealed four key themes: 1) pre-departure histories and post-arrival challenges; 2) legal status; 3) health knowledges and procedural barriers as well as 4) language and cultural competence. Confidentiality, trust, wait times and short doctor-patient consultations were emphasized as being insufficient for culturally specific communications and often translating into inadequate treatment and care. Barriers to accessing health care was associated with social disadvantage and restrictions of the broader welfare system suggesting that a re-evaluation of the asylum seeking process is required to improve the situation. Macro- and micro-level intersections of accustomed societal

  18. Parents and other relatives accused of sexual abuse on the basis of recovered memories: a New Zealand family survey.

    Science.gov (United States)

    Goodyear-Smith, F A; Laidlaw, T M; Large, R G

    1998-06-26

    To survey New Zealand families where an alleged perpetrator and/or other family member denies an accusation involving the childhood molestation of one family member by another, based on a memory recovered in adulthood. As the validity of such memories is crucial, our aim was to develop a profile of such families and to compare it with New Zealand epidemiological data. Information was collected by questionnaire regarding family demographics, characteristics of the accuser, family life, events surrounding and leading up to the accusations, consequences of the accusations and details of the accuser's current life situation. The 73 subjects included fathers, mothers, siblings and other relatives of the accusing adults. Most accusers were highly educated white women, frequently first born or older children from relatively large families, statistically different proportions from those expected. Many accusations involved events of low base-rate probability including satanic ritual abuse. Proportions differed from those of another New Zealand prevalence survey of 1019 18-year-olds in almost every way. The data suggest that it is unlikely that many, if not most, of the memories of child sexual abuse recovered in adulthood are a true reflection of history. Memories recovered during therapy should be treated with respect as part of the patient's narrative truth, but not assumed to be factually accurate without corroborative evidence.

  19. Legal Regulation of Franchise in Latvia and Abroad

    OpenAIRE

    Viktorija Jarkina

    2009-01-01

    Abstract This doctoral thesis is a scientific study “Legal Regulation of Franchise in Latvia and Abroad” which analyses in detailed and systematic manner peculiarities and trends of development of legal franchise regulation in the countries of the world, as well as issues of legal qualification and content of the franchise agreement in the context of Romanic-Germanic system of law. The theoretical basis of the study is scientific works of renowned experts of law, articles...

  20. Unraveling the enzymatic basis of wine flavorome: a phylo-functional study of wine related yeast species

    Directory of Open Access Journals (Sweden)

    Ignacio eBelda

    2016-01-01

    Full Text Available Non-Saccharomyces yeasts are a heterogeneous microbial group involved in the early stages of wine fermentation. The high enzymatic potential of these yeasts makes them a useful tool for increasing the final organoleptic characteristics of wines in spite of their low fermentative power. Their physiology and contribution to wine quality are still poorly understood, with most current knowledge being acquired empirically and in most cases based in single species and strains. This work analyzed the metabolic potential of 770 yeast isolates from different enological origins and representing 15 different species, by studying their production of enzymes of enological interest and linking phylogenetic and enzymatic data. The isolates were screened for glycosidase enzymes related to terpene aroma release, the β-lyase activity responsible for the release of volatile thiols, and sulfite reductase. Apart from these aroma-related activities, protease, polygalacturonase and cellulase activities were also studied in the entire yeast collection, being related to the improvement of different technological and sensorial features of wines. In this context, and in terms of abundance, two different groups were established, with α-L-arabinofuranosidase, polygalacturonase and cellulase being the less abundant activities. By contrast, β-glucosidase and protease activities were widespread in the yeast collection studied.A classical phylogenetic study involving the partial sequencing of 26S rDNA was conducted in conjunction with the enzymatic profiles of the 770 yeast isolates for further typing, complementing the phylogenetic relationships established by using 26S rDNA. This has rendered it possible to foresee the contribution different yeast species make to wine quality and their potential applicability as pure inocula, establishing species-specific behavior. These consistent results allowed us to design future targeted studies on the impact different non

  1. 22 CFR 92.89 - Fees for service of legal process.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Fees for service of legal process. 92.89 Section 92.89 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.89 Fees for service of legal process. No charge should be made for...

  2. 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.

  3. Development Methodology for an Integrated Legal Cadastre

    NARCIS (Netherlands)

    Hespanha, J.P.

    2012-01-01

    This Thesis describes the research process followed in order to achieve a development methodology applicable to the reform of cadastral systems with a legal basis. It was motivated by the author’s participation in one of the first surveying and mapping operations for a digital cadastre in Portugal,

  4. Development of the mechanical engineering complex on the basis of the improvement of large and small businesses relations

    Directory of Open Access Journals (Sweden)

    Sokolova Svetlana

    2017-01-01

    Full Text Available Condition, pace and character of the development of the mechanical engineering complex is in many aspects a crucial factor for the social and economic situation of any country. The development of market relations, changes of the conditions of doing business encourage the enterprises to search new managerial methods and to improve the interaction forms. In this respect the display of the peculiarities of the interaction of large machine engineering enterprises and small business in this sphere and also the assessment of the relationship of their development is an important and crucial issue under modern conditions. The most widely spread forms of the cooperation of large scale mechanical engineering enterprises and small businesses of the industry are: outsourcing, franchising, leasing, subcontracting, venture financing, creation of regional forms of the cooperation of large and small firms. However cooperation processes of large scale and small entrepreneurship in Russia are not properly developed. The authors determine the factors hindering the growth of the machine building industry, suggest the recommendations for the development of the large scale enterprises and small business in the industry, substantiate the role of the government in this process. Besides the mechanism of the state support of the development of small business is described.

  5. Referendum 1978 - Nuclear power plant ban Act 1978 - legal consequences

    International Nuclear Information System (INIS)

    Staudinger, F.

    1981-10-01

    This paper discusses the legal consequences of the 1978 Act banning nuclear power production. It provides a summary outline of the relevant rules of the Austrian Constitution and reviews the legal basis for the organisation of the national electricity system. (NEA) [fr

  6. 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...

  7. The legal basis of partnership business in Nigeria | Fayokun ...

    African Journals Online (AJOL)

    No Abstract. African Journal for the Psychological Study of Social Issues Vol. 9(2) 2006: 162-176. Full Text: EMAIL FULL TEXT EMAIL FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about ...

  8. Weighing the legal basis for housing rights in Zimbabwe | CRDI ...

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

    13 déc. 2016 ... La criminalité et la pauvreté au Ghana urbain. La manière dont la criminalité et la pauvreté interagissent a été étudiée et débattue dans la littérature de recherche occidentale, mais on sait pe. Voir davantageLa criminalité et la pauvreté au Ghana urbain ...

  9. The legal, regulatory and safety basis for opening WIPP

    International Nuclear Information System (INIS)

    Dials, G.E.

    1997-01-01

    Current laws in the United States of America direct the U.S. Department of Energy (DOE) to site, design, operate, and decommission a deep geological repository for safe disposal of transuranic radioactive waste (TRUW) at the Waste Isolation Pilot Plant (WIPP) site. In 1993, the DOE established the Carlsbad Area Office (CAO) to integrate the nation's management of TRUW and to open the WIPP site for safe disposal of TRUW in compliance with applicable laws and regulations. The CAO submitted the final Compliance Certification Application (CCA) in 1996, and is on schedule to open WIPP in November 1997, about three years earlier than scheduled before the establishment of the CAO. The performance assessment (PA) embodied in the CCA demonstrates that WIPP meets the EPA's regulatory requirements for radioactive releases for the 10,000 year regulatory period in both the undisturbed and disturbed (human intrusion) scenarios. Detailed planning, compliance-based research and development (R and D), teamwork among project participants and early and open iterative interactions with the regulators, oversight groups and other interested parties in the certification/permitting process are key components of the progress in the safe disposal of long-lived radioactive wastes. (author)

  10. 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…

  11. Regulatory standpoints on the design-basis capability of safety-related motor-operated valves(MOVs) and power-operated gate valves(POGVs)

    International Nuclear Information System (INIS)

    Kim, W. T.; Kum, O. H.

    1999-01-01

    The weakness in the design-basis capability of Motor-Operated Valves(MOVs) and the susceptibility to Pressure Locking and Thermal Binding phenomena of Power-Operated Gate Valves(POGVs) have been major concerns to be resolved in the nuclear society in and abroad since Three Mile Island accident occurred in the USA in 1979. Through detailed analysis of operating experience and regulatory activities, some MOVs and POGVs have been found to be unreliable in performing their safety functions when they are required to do so under certain conditions, especially under design-basis accident conditions. Further, it is well understood that these safety problems may not be identified by the typical valve in-service testing(IST). USNRC has published three Generic Letters, GL 89-10, GL 95-07, and GL 96-05, requiring nuclear plant licensees to take appropriate actions to resolve the problems mentioned above. Korean nuclear regulatory body has made public an administration measure called 'Regulatory recommendation to verify safety functions of the safety-related MOVs and POGVs' on June 13, 1997, and in this administration measure Korean utility is asked to submit written documents to show how it assure design-basis capability of these valves. The following are among the major concerns being considered from a regulation standpoint. Program scope and implementation priority, dynamic tests under differential pressure conditions, accuracy of diagnostic equipment, torque switch setting and torque bypass percentage, weak link analysis, motor actuator sizing, corrective actions taken to resolve pressure locking and thermal binding susceptibility, and a periodic verification program for the valves once design-basis capability has been verified

  12. Topical legal aspects of corruption counteraction in public procurement

    Directory of Open Access Journals (Sweden)

    Aleksandr Igorevich Zemlin

    2015-03-01

    Full Text Available Objective to analyze the current developments in the Russian legislation on corruption counteraction and the legislation on public procurement system on this basis to study legal conflicts and gaps and to develop proposals under the provisions of the National AntiCorruption Plan for 2014ndash2015. Methods historical formallegal logical and systemicfunctional structural and contextual approach to the study of law and theoretical propositions concerning the definition nature and characteristics of legal relations arising in the process of and relating to the corruption counteraction in the public procurement system. Results аn aggregate of theoretical conclusions and proposals aimed at perfection of anticorruption legislation and legislation on the contractual public procurement system is presented. Scientific novelty the results of the author39s interpretation of changes in the Russian anticorruption legislation and legislation on the contractual public procurement system existing legal conflicts and gaps. Practical significance developing proposals for improving the standards of anticorruption legislation and legislation on public procurement system under the provisions of the National AntiCorruption Plan for 2014ndash2015. nbsp

  13. " 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.

  14. Supporting the legal Practitioner LKBS or the Web?

    NARCIS (Netherlands)

    Leenes, R.E.; Svensson, Jorgen S.

    1997-01-01

    The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.

  15. 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...

  16. ¿Qué es una pregunta? Fundamentos pragmalingüísticos para la democratización de los géneros administrativo y judicial || What is a question? Pragmatics basis for the democratization of the administrative and legal genres

    Directory of Open Access Journals (Sweden)

    Javier Martínez Villarroya

    2016-06-01

    Full Text Available Resumen: Los documentos jurídicos y administrativos son difíciles de entender. ¿Hay forma de corregirlos? Una de las técnicas principales en aras de la claridad es la de hacer preguntas. La fundamentación de nuestra tesis la encontramos en las teorías más relevantes de la pragmalingüística, en algunos textos clásicos y en bibliografía reciente sobre lenguaje claro y literacidad en español. Es posible y necesario fundamentar las propuestas del lenguaje claro en función de los efectos cognitivos que producen en el receptor del mensaje. Aquí, pues, dotamos de bases científicas al movimiento y contribuimos a atacar el escepticismo con el que se recibe.   Abstract: Legal and administrative documents are difficult to understand; Is there a proper way to correct them? One of the main techniques for the sake of clarity is to ask questions. The basis of our thesis is found in the most relevant theories of the pragmatics, in some classic texts and in recent bibliography about plain language and literacy. It is possible to defend the use of plain language in terms of the cognitive effects. We will endow the scientific bases of plain language and, therefore, we will contribute to attack the scepticism with which it is received.

  17. Trust Mines: Legal Documents and Settlements

    Science.gov (United States)

    Legal Documents and Settlements related to the Northern Abandoned Uranium Mines Region including the Phase 1 Settlement Agreement and Environmental Response Trust Agreement, Phase 2 Settlement Agreement Removal Site Evaluation (RSE) Trust Agreement.

  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. " 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...

  20. The legal status of Uncertainty

    Science.gov (United States)

    Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

    2011-03-01

    An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

  1. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

    Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.

    Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.

    One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.

    The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing

  2. Immunological basis

    International Nuclear Information System (INIS)

    Matzku, Siegfried

    1990-01-01

    The essential progress achieved with the introduction of monoclonal antibodies (MAbs) for tumor targeting is two-fold: 1) MAbs are unique tools for identifying and characterizing suitable target molecules, even if its now firmly established that tumor specific antigens per se do not exist. 2) MAbs are well-defined reagents which can be produced in unlimited amounts with standardized properties. In view of these two aspects, the basic elements of the game are discussed in a sequence which is determined according to whether they are related to the tumor target or to the MAb vehicle. (author). 96 refs

  3. 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)

  4. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

    In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of experts and the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise

  5. Legal issues in radon affairs

    Energy Technology Data Exchange (ETDEWEB)

    Massuelle, M.H. [Inst. de Protection et de Surete Nucleaire, Fontenay aux Roses (France)

    1999-12-01

    In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of expertsand the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise.

  6. Comprehensive legal aid to the participants in criminal proceedings when applying security measures

    Directory of Open Access Journals (Sweden)

    Fadeev P.V.

    2014-12-01

    Full Text Available Legal assistance to the participants in criminal procedure is represented as a complex phenomenon, including the features of international legal assistance, qualified legal assistance, as well as the activities of public authorities in criminal proceedings and professional lawyers (attorneys, advocates, representatives to assist physical and legal persons to protect, safeguard and realize their rights and interests. Legal assistance in case of threat to life, health, rights of participants in criminal proceedings is considered. The activity of certain subjects of criminal proceedings aimed at explaining the rights of crime victims is analyzed. The grounds for applying security measures are determined. Proposals for improving part 3 of article 11 of the RF Criminal Procedure Code are made: “3. In case there is a threat of causing physical, property, moral damage or other harm prohibited by criminal law to rights and legitimate interests of the victim, witness or other participants in criminal proceedings as well as their close relatives, relatives or close persons, the court (judge, the prosecutor, the head of the investigative agency, the investigator, the preliminary investigation agency take security measures, provided by part 9 of article 166, part 2 of article 186, part 8 of article 193, paragraph 4 of part 2 of article 241 and part 5 of article 278 of this Code as well as other security measures provided by the RF legislation, in respect of those persons within twenty-four hours on the basis of these persons’ written (oral statement or on their own initiative within their competence”.

  7. 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.

  8. 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.

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

    Science.gov (United States)

    Liu, Kai

    2013-08-01

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

  11. Serrano Cheese: a cultural, quality and legal view

    Directory of Open Access Journals (Sweden)

    Ângelo Nardi Pretto

    2017-11-01

    Full Text Available Introduction: Serrano cheese is an artisanal product, from the region of Campos de Cima da Serra in the state of Rio Grande do Sul and from the Planalto Sul in the state of Santa Catarina. Objective: The objective of the present work is to discuss some cultural, legal and food safety aspects related to the quality of serrano cheese, a product made of raw milk. Method: This manuscript carries out a bibliographical review of the serrano cheese, using updated scientific and legal documents, to analyze the production, quality and cultural aspects of this product. Results: Results presented in the literature and current legislation indicate that the production of these cheeses can be safe for commercialization, having as main requirements: adoption of good manufacturing practices, care of the dairy herd and due maturation of the product. Current national legislation indicates that the minimum maturation time should be 60 days. The publication of a law that regulates the production of serrano cheese in Rio Grande do Sul allows it to be matured for a shorter time, if its microbiological safety is assured. Conclusions: Additionally to revisions in the laws for the production and marketing of cheeses such as serrano, legal reviews are essential in the area of science, technology and health surveillance to provide a scientific basis to the improvement of the production of those who live on the commercialization of these products.

  12. 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.

  13. Legal relevance of the purpose of contract in German law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2013-01-01

    Full Text Available Unlike the French Civil code, the German Civil code belongs to the group of so-called anti-causalistic codifications, since it explicitly does not govern the issue of purpose (cause of contract. Due to this very reason, the delineation between abstract and causal juridical acts gains special importance in German law. The German Civil Code governs a number of juridical acts and other acts of legal importance that are abstract in their nature. Among them the abstract nature of the promise to fulfill an obligation (Schuldversprechung and the acknowledgement of a debt (Schuldannerkennung is traditionally considered the most prominent. However, the relation to the purpose for which they are concluded is not entirely interrupted, since in the case of frustration of their purpose, any asset given to the other party is subject to restitution under the rules of unjustified enrichment. The fact that the issue of purpose of contract is not explicitly governed in the German Civil Code, does not lead to the conclusion, though, that it is legally irrelevant. It gains legal relevance in two different aspects: as a licit and as an illicit purpose. On the one hand, juridical acts concluded with the aim to achieve illicit purposes are considered void, for which the Code's sections on the general confines of the principle of freedom of contract serve the statutory basis - such juridical acts infringe the institution of 'good customs' (gute Sitten, usually referred to as public policy, while the performance of other factual or legal acts in order to achieve illicit purposes are sanctioned under the rules of unjustified enrichment. On the other hand, lawful purposes of the parties gain legal relevance in relation to a range of various institutions. Concerning some of them the Code itself contains formulations implying the necessity to ascertain the purpose of contract, while in other cases the case law and the doctrine have come to such conclusion. The determination

  14. 22 CFR 92.85 - Service of legal process usually prohibited.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process usually prohibited. 92... RELATED SERVICES Quasi-Legal Services § 92.85 Service of legal process usually prohibited. The service of process and legal papers is not normally a Foreign Service function. Except when directed by the...

  15. 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.

  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. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage

  18. 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.

  19. Against a Systemic Legal History

    Directory of Open Access Journals (Sweden)

    Simon Roberts

    2002-01-01

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

  20. Event-related potentials in auditory backward recognition masking: a new way to study the neurophysiological basis of sensory memory in humans.

    Science.gov (United States)

    Winkler, I; Näätänen, R

    1992-06-22

    Task-irrelevant pairs of short tones were presented to healthy human subjects while electric potentials were recorded from their scalp ('event-related brain potential', ERP). Infrequent increments in the frequency of the first tone of the repetitive tone-pair elicited an extra ERP component termed 'mismatch negativity' (MMN) when the silent interval between the first and second tone of the pair ('inter-tone interval') was long (150, 300, or 400 ms) but not when this interval was short (20 or 50 ms). This effect did not depend on whether the two tones of the tone-pair were presented to the same or to different ears. The present inter-tone interval effect is consistent with the effects of backward-masking on recognition performance in audition, suggesting that the MMN reflects the neurophysiological basis of echoic memory.

  1. 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

  2. Legal Considerations for International Collaborative Research Contract

    International Nuclear Information System (INIS)

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

    2007-01-01

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

  3. Cannabis use and support for cannabis legalization

    OpenAIRE

    Palali, A. (Ali); Ours, Jan

    2016-01-01

    textabstractWe investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of cannabis. While the self-interest effect is not very surprising, the effect of inside information suggests that cannabis use is not as harmful as cannabis users originally thought it was be...

  4. Relationship Marketing in Legal Services Marketing Strategy

    OpenAIRE

    Audronė Androšiūnaitė; Borisas Melnikas

    2013-01-01

    The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current c...

  5. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    Science.gov (United States)

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-06-01

    In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

  6. Schema building profiles among elementary school students in solving problems related to operations of addition to fractions on the basis of mathematic abilities

    Science.gov (United States)

    Gembong, S.; Suwarsono, S. T.; Prabowo

    2018-03-01

    Schema in the current study refers to a set of action, process, object and other schemas already possessed to build an individual’s ways of thinking to solve a given problem. The current study aims to investigate the schemas built among elementary school students in solving problems related to operations of addition to fractions. The analyses of the schema building were done qualitatively on the basis of the analytical framework of the APOS theory (Action, Process, Object, and Schema). Findings show that the schemas built on students of high and middle ability indicate the following. In the action stage, students were able to add two fractions by way of drawing a picture or procedural way. In the Stage of process, they could add two and three fractions. In the stage of object, they could explain the steps of adding two fractions and change a fraction into addition of fractions. In the last stage, schema, they could add fractions by relating them to another schema they have possessed i.e. the least common multiple. Those of high and middle mathematic abilities showed that their schema building in solving problems related to operations odd addition to fractions worked in line with the framework of the APOS theory. Those of low mathematic ability, however, showed that their schema on each stage did not work properly.

  7. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

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

  8. 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

  9. Addressing legal and political barriers to global pharmaceutical access: options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards.

    Science.gov (United States)

    Cohen-Kohler, Jillian Clare; Forman, Lisa; Lipkus, Nathaniel

    2008-07-01

    Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions - particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

  10. Molecular basis of structural makeup of hulless barley in relation to rumen degradation kinetics and intestinal availability in dairy cattle: A novel approach.

    Science.gov (United States)

    Damiran, D; Yu, P

    2011-10-01

    To date, no study has been done of molecular structures in relation to nutrient degradation kinetics and intestinal availability in dairy cattle. The objectives of this study were to (1) reveal molecular structures of hulless barley affected by structural alteration using molecular spectroscopy (diffuse reflectance infrared Fourier transform) as a novel approach, and (2) quantify structure features on a molecular basis in relation to digestive kinetics and nutritive value in the rumen and intestine in cattle. The modeled feeds in this study were 4 types of hulless barley (HB) cultivars modified in starch traits: (a) normal starch cultivar, (b) zero-amylose waxy, (c) waxy, and (d) high-amylose. The molecular structural features were determined using diffuse reflectance infrared Fourier transform spectroscopy in the mid-infrared region (ca. 4,000-800 cm(-1)) of the electromagnetic spectrum. The items assessed included infrared intensity attributed to protein amide I (ca. 1,715-1,575 cm(-1)), amide II (ca. 1,575-1,490 cm(-1)), α-helix (ca. 1,648-1,660 cm(-1)), β-sheet (ca. 1,625-1,640 cm(-1)), and their ratio, β-glucan (ca. 1,445-1,400 cm(-1)), total carbohydrates (CHO; ca. 1,188-820 cm(-1)) and their 3 major peaks, structural carbohydrates (ca. 1,277-1,190 cm(-1)), and ratios of amide I to II and amide I to CHO. The results show that (1) the zero-amylose waxy was the greatest in amide I and II peak areas, as well as in the ratio of protein amide I to CHO among HB; (2) α-helix-to-β-sheet ratio differed among HB: the high-amylose was the greatest, the zero-amylose waxy and waxy were the intermediate, and the normal starch was the lowest; (3) HB were similar in β-glucan and CHO molecular structural makeup; (4) altered starch HB cultivars were similar to each other, but were different from the normal starch cultivar in protein molecular makeup; and (5) the rate and extent of rumen degradation of starch and protein were highly related to the molecular structural

  11. 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)

  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. 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.

  14. 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.

  15. Health Law as a Legal Discipline

    DEFF Research Database (Denmark)

    Madsen, Helle Bødker

    2011-01-01

    The issue of how to dispose of aborted foetuses is a sensitive ethical and legal issue which relates directly to the legal status of the foetus. An illustrative example of this issue’s practical legal relevance is the Danish Council of Ethics’ recommendation of March 3, 2011, in reply...... to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...... general reflections on the legal status of cadaveric foetuses....

  16. [Individual rights vs public health in the fight against contagious diseases: proposals to improve the current legal framework].

    Science.gov (United States)

    Salamero Teixidó, Laura

    2016-11-01

    The public health protection constitutional mandate requires public powers to protect the population from contagious diseases. This requires a legal framework that both protects public health effectively and respects individual rights and freedoms that could be undermined by the public administrations. This article analyses, from a legal perspective, the current legal framework regulating the adoption of health measures to protect public health against contagious diseases. It argues that current regulations generate legal uncertainty on the basis of the wide range of discretionary powers they give to the public administration and the lack of provisions for limiting these powers. As a result, the guarantee mechanisms (primarily judicial consent) only weakly protect the rights and freedoms of the citizens affected by health measures. To conclude, the article proposes several amendments to improve public health regulations related to contagious diseases. The purpose is to render a legal framework that offers more legal certainty, in which it is possible to protect individual rights and freedoms when measures are adopted, without sacrificing the effective protection of public health. Copyright © 2016 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

  17. Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities

    Science.gov (United States)

    Craigie, Jillian

    2015-01-01

    The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. PMID:25997381

  18. Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities.

    Science.gov (United States)

    Craigie, Jillian

    2015-01-01

    The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. Copyright © 2015. Published by Elsevier Ltd.

  19. LEGAL SECURITY ON CELLPHONE TRADING THROUGH ELECTRONIC MEDIA IN INDONESIA

    OpenAIRE

    Aan Aswari

    2017-01-01

    The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in p...

  20. Legal Security on Cellphone Trading Through Electronic Media in Indonesia

    OpenAIRE

    Aswari, Aan; Pasamai, Syamsudin; Qomar, Nurul; Abbas, Ilham

    2017-01-01

    The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in p...

  1. [Technical statement by the Spanish Paediatric Association in relation to gender diversity in childhood and adolescence: Ethical and legal view from a multidisciplinary perspective].

    Science.gov (United States)

    Riaño Galán, Isolina; Del Río Pastoriza, Inés; Chueca Guindulain, María; Gabaldón Fraile, Sabel; de Montalvo Jááskeläinem, Federico

    2018-03-19

    An ethical and legal view of gender diversity in childhood and adolescence is presented from the perspective of the best interest of the child and the principle of protection against vulnerability. The identification of gender diversity in childhood and adolescence is a process that requires support, coordination and a multidisciplinary team that improves care and helps to obtain evidence that is lacking today. Secure, equitable and comprehensive access to care and health care should be guaranteed when required. It is necessary to promote a changing of social outlook, capable of overcoming the stereotypes that lead to discrimination and increase suffering. Respect for gender diversity in childhood and adolescence is a fundamental Human Right. The recognition of a positive value in diversity is an ethical imperative. All of this, without forgetting that we are talking about minors often in contexts of vulnerability, and currently very uncertain, so prudence is the main rule that should guide decision-making. Copyright © 2018. Publicado por Elsevier España, S.L.U.

  2. 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.

  3. 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)

  4. 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

  5. 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

  6. 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.

  7. 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)

  8. Adoption of Sustainable Practices And Certification ISO 14001: A Case Study in a Law and Legal Advice Firm

    Directory of Open Access Journals (Sweden)

    Letícia Eugênia Arenhart

    2013-12-01

    Full Text Available This article seeks to analyze how the company X Advocacy and Legal Consultancy can implant sustainable and quality practices to obtain the environmental certification ISO 14001. To achieve the objective, a qualitative and quantitative approach study was conducted. Regarding procedures, it consisted in a case study with a descriptive focus. From observation of the reality of X Advocacy and Legal Consultancy and its claims in relation to obtaining ISO 14001 certification, it is possible to propose as solution the implementation of a number of initiatives and sustainability actions in three pillars – social, environmental and economic. Suggestions were also developed about the dimensions of quality in order to formulate the basis for X Advocacy and Legal Consultancy environmental policy and possible implementation of ISO 14,001. 

  9. 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

  10. Affirmation of the Legal Status of Taxpayers in Montenegro

    Directory of Open Access Journals (Sweden)

    Božović Srđa

    2016-09-01

    Full Text Available Public needs cannot be adequately funded without a clear and legally based affirmative legal status of taxpayers. The promotion and protection of their rights and regular fulfilment of tax obligations by taxpayers is the basis of fiscal and financial stability of the country and other public collectivities. It is essential for Montenegro to overcome the traditional gap between taxpayers and tax administration through their partnership. At the same time, we must not jeopardize the basic purpose of taxation - legal and timely payment of taxes. Simple and stable tax regulations and a non-discriminating and subtle approach to building tax discipline and development of tax morale should serve that purpose.

  11. 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.

  12. Municipal Level of Strategic Planning: Economic and Legal Problems

    Directory of Open Access Journals (Sweden)

    Evgeniy Moiseevich Bukhvald

    2016-12-01

    Full Text Available The article focuses on the need of integration of municipal government into a unified hierarchy of strategic planning in the country. The basic positions of the acting version of the Federal law no.131 “On general principles of organization of local self-government” and the Federal law no. 172 “On strategic planning” don’t provide clear legal framework for the solution of this problem. Besides, the practical integration of municipal management into a unified hierarchy of strategic planning meets serious economic obstacles, the main of which consist in the negative situation within the system of local finance, characterized by trends of deficiency, high dependence on subsidies and, as a consequence, volatility and lack of predictability in relation to any plans and programs of long-term nature. The main idea of the article is to prove the need for a systemic approach to solving tasks, related to the integration of municipal management in a unified vertical of strategic planning in the country. The essence of this approach is the combination of a number of legal innovations in the legislation on strategic planning and local government with a set of measures, aimed to strengthen the fiscal basis of Russian local self-government together with institutional ensuring of municipal planning and its interaction with the practice of strategic planning at the level of subjects of the Russian Federation.

  13. Legal regulators of strengthening altruism in ukrainian society

    Directory of Open Access Journals (Sweden)

    O. B. Feldman

    2015-01-01

    Full Text Available In the article the legal mechanisms of strengthening altruism in Ukrainian society are analysed. Altruism constantly develops, acquires new forms under act of public relations. In modern Ukrainian society altruism must take the special place in institutionalization of human dignity and rights and freedoms of man, become the norm of social activity. In the article there is a necessity of perfection of normatively­legal base on the basis of principle of altruism, harmonization of relations between the state and civil society in the field of the altruism directed practices. Sharp social contradictions, estrangement of man, can be overcame only through claim of initial social values on principles of idea of dignity and human rights. There must be valuable partnership of the state and eleemosynary organizations in democratic society, creating favourable terms for opening public potential and directing of altruism activity of population. The special attention must be spared to providing of rights for invalids and defencing of them from discrimination.

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

    Science.gov (United States)

    Gaggioli, Gloria

    2018-01-01

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

  15. The role of law as an instrument of communication within legal positivism

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a ...

  16. 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.

  17. 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

  18. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  19. Legal and ethical issues in robotic surgery.

    Science.gov (United States)

    Mavroforou, A; Michalodimitrakis, E; Hatzitheo-Filou, C; Giannoukas, A

    2010-02-01

    With the rapid introduction of revolutionary technologies in surgical practice, such as computer-enhanced robotic surgery, the complexity in various aspects, including medical, legal and ethical, will increase exponentially. Our aim was to highlight important legal and ethical implications emerged from the application of robotic surgery. Search of the pertinent medical and legal literature. Robotic surgery may open new avenues in the near future in surgical practice. However, in robotic surgery, special training and experience along with high quality assessment are required in order to provide normal conscientious care and state-of-the-art treatment. While the legal basis for professional liability remains exactly the same, litigation with the use of robotic surgery may be complex. In case of an undesirable outcome, in addition to physician and hospital, the manufacturer of the robotic system may be sued. In respect to ethical issues in robotic surgery, equipment safety and reliability, provision of adequate information, and maintenance of confidentiality are all of paramount importance. Also, the cost of robotic surgery and the lack of such systems in most of the public hospitals may restrict the majority from the benefits offered by the new technology. While surgical robotics will have a significant impact on surgical practice, it presents challenges so much in the realm of law and ethics as of medicine and health care.

  20. 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.)

  1. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  2. 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.

  3. Analysis of the genetic basis of plant height-related traits in response to ethylene by QTL mapping in maize (Zea mays L.).

    Science.gov (United States)

    Zhang, Weiqiang; Li, Zhi; Fang, Hui; Zhang, Mingcai; Duan, Liusheng

    2018-01-01

    Ethylene (ET) is critical importance in the growth, development, and stress responses of plants. Plant hormonal stress responses have been extensively studied, however, the role of ET in plant growth, especially plant height (PH) remains unclear. Understanding the genetic control for PH in response to ET will provide insights into the regulation of maize development. To clarify the genetic basis of PH-related traits of maize in response to ET, we mapped QTLs for PH, ear height (EH), and internode length above the uppermost ear (ILAU) in two recombinant inbred line (RIL) populations of Zea mays after ET treatment and in an untreated control (CK) group. Sixty QTLs for the three traits were identified. Twenty-two QTLs were simultaneously detected under both ET treatment and untreated control, and five QTLs were detected at two geographic locations under ET treatment only. Individual QTL can be explained 3.87-17.71% of the phenotypic variance. One QTL (q2PH9-1, q1PH9, q1EH9/q1ILAU9-1, q2ILAU9, and q2EH9) for the measured traits (PH, EH, ILAU) was consistent across both populations. Two QTLs (q2PH2-5, q2ILAU2-2, q1PH2-2, and q1ILAU2-2; q1PH8-1, q1EH8-1, q2PH8-1) were identified for up to two traits in both locations and populations under both ET treatment and untreated control. These consistent and stable regions are important QTLs of potential hot spots for PH, ear height (EH), and internode length above the uppermost ear (ILAU) response to ET in maize; therefore, QTL fine-mapping and putative candidate genes validation should enable the cloning of PH, EH, and ILAU related genes to ET response. These results will be valuable for further fine-mapping and quantitative trait nucleotides (QTNs) determination, and elucidate the underlying molecular mechanisms of ET responses in maize.

  4. Analysis of the genetic basis of plant height-related traits in response to ethylene by QTL mapping in maize (Zea mays L..

    Directory of Open Access Journals (Sweden)

    Weiqiang Zhang

    Full Text Available Ethylene (ET is critical importance in the growth, development, and stress responses of plants. Plant hormonal stress responses have been extensively studied, however, the role of ET in plant growth, especially plant height (PH remains unclear. Understanding the genetic control for PH in response to ET will provide insights into the regulation of maize development. To clarify the genetic basis of PH-related traits of maize in response to ET, we mapped QTLs for PH, ear height (EH, and internode length above the uppermost ear (ILAU in two recombinant inbred line (RIL populations of Zea mays after ET treatment and in an untreated control (CK group. Sixty QTLs for the three traits were identified. Twenty-two QTLs were simultaneously detected under both ET treatment and untreated control, and five QTLs were detected at two geographic locations under ET treatment only. Individual QTL can be explained 3.87-17.71% of the phenotypic variance. One QTL (q2PH9-1, q1PH9, q1EH9/q1ILAU9-1, q2ILAU9, and q2EH9 for the measured traits (PH, EH, ILAU was consistent across both populations. Two QTLs (q2PH2-5, q2ILAU2-2, q1PH2-2, and q1ILAU2-2; q1PH8-1, q1EH8-1, q2PH8-1 were identified for up to two traits in both locations and populations under both ET treatment and untreated control. These consistent and stable regions are important QTLs of potential hot spots for PH, ear height (EH, and internode length above the uppermost ear (ILAU response to ET in maize; therefore, QTL fine-mapping and putative candidate genes validation should enable the cloning of PH, EH, and ILAU related genes to ET response. These results will be valuable for further fine-mapping and quantitative trait nucleotides (QTNs determination, and elucidate the underlying molecular mechanisms of ET responses in maize.

  5. Analysis of the genetic basis of plant height-related traits in response to ethylene by QTL mapping in maize (Zea mays L.)

    Science.gov (United States)

    Li, Zhi; Fang, Hui; Zhang, Mingcai; Duan, Liusheng

    2018-01-01

    Ethylene (ET) is critical importance in the growth, development, and stress responses of plants. Plant hormonal stress responses have been extensively studied, however, the role of ET in plant growth, especially plant height (PH) remains unclear. Understanding the genetic control for PH in response to ET will provide insights into the regulation of maize development. To clarify the genetic basis of PH-related traits of maize in response to ET, we mapped QTLs for PH, ear height (EH), and internode length above the uppermost ear (ILAU) in two recombinant inbred line (RIL) populations of Zea mays after ET treatment and in an untreated control (CK) group. Sixty QTLs for the three traits were identified. Twenty-two QTLs were simultaneously detected under both ET treatment and untreated control, and five QTLs were detected at two geographic locations under ET treatment only. Individual QTL can be explained 3.87–17.71% of the phenotypic variance. One QTL (q2PH9-1, q1PH9, q1EH9/q1ILAU9-1, q2ILAU9, and q2EH9) for the measured traits (PH, EH, ILAU) was consistent across both populations. Two QTLs (q2PH2-5, q2ILAU2-2, q1PH2-2, and q1ILAU2-2; q1PH8-1, q1EH8-1, q2PH8-1) were identified for up to two traits in both locations and populations under both ET treatment and untreated control. These consistent and stable regions are important QTLs of potential hot spots for PH, ear height (EH), and internode length above the uppermost ear (ILAU) response to ET in maize; therefore, QTL fine-mapping and putative candidate genes validation should enable the cloning of PH, EH, and ILAU related genes to ET response. These results will be valuable for further fine-mapping and quantitative trait nucleotides (QTNs) determination, and elucidate the underlying molecular mechanisms of ET responses in maize. PMID:29466465

  6. 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.

  7. Comparative legal aspects of pain management.

    Science.gov (United States)

    Vansweevelt, T

    2008-12-01

    Administering pain medication to terminal patients can cause legal problems when it has a life-shortening effect, because according to some authors it equates with manslaughter. The legal basis of the acceptance of pain alleviation with life-shortening effect can be found on the grounds of necessity. In different countries physicians have been prosecuted because of their pain management, which to the public prosecutor was in fact a sort of euthanasia. On the other hand, it is not unknown that physicians administer opioids to mask euthanasia. Pain management needs some rules, which can reassure the physician who alleviates pain. The physician who alleviates pain with life-shortening effect will have to act with due care to avoid a liability risk. This implies at least an informed consent, to observe the proportionality rule, and to keep a medical record.

  8. 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

  9. Legal and legal-ethical aspects of risk assessment

    International Nuclear Information System (INIS)

    Seiler, H.

    1991-01-01

    The article examines why human beings accept risks. An assessment of risk is always carried out in connection with the benefits to be had from an action which is a potential risk. Decisions on the acceptability of risks are the consequence of political assessments. An assessment of risk on a legal basis is only possible to a limited degree. What is important are the criteria according to which the acceptability of risks is determined. In this context, the concept of damage proves itself to be of central importance; this concept includes the question as to the degree to which such damage can be tolerated socially and politically, the question of future damage as well as the degree to which such damage is reversible. It would be ideal if those persons who are affected by potential damage were to be the ones to make such decisions, but this is extremely difficult to put into practice. Special care must be taken in regard to decisions which have repercussions for future generations or for the state of nature. In this case, the decision which those persons who are potentially affected would most probably make must be anticipated and taken into account as if they were here to participate in the decision-making process. (orig./HSCH) [de

  10. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

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

  11. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

    The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

  12. Relationship Marketing in Legal Services Marketing Strategy

    Directory of Open Access Journals (Sweden)

    Audronė Androšiūnaitė

    2013-04-01

    Full Text Available The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current clients and competitors, also – singularity of the professional services.Article in Lithuanian

  13. 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

  14. 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

  15. 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

  16. 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

  17. Corporal Punishment: Legalities, Realities, and Implications.

    Science.gov (United States)

    Hinchey, Patricia H.

    2003-01-01

    Presents a quiz that will help readers determine the reliability of their own perceptions relating to corporal punishment in schools. Discusses U.S. Courts and corporal punishment, worldwide and nationwide legality, and the realities of corporal punishment in the United States. Discusses implications for what teachers can do to address corporal…

  18. Cannabis Use and Support for Cannabis Legalization

    NARCIS (Netherlands)

    Palali, A.; van Ours, J.C.

    2014-01-01

    We investigate the determinants of the support for cannabis legalizationfinding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this to self-interest and inside information about potential dangers of cannabis use.

  19. Software piracy: Physical and legal protection methods

    Energy Technology Data Exchange (ETDEWEB)

    Orlandi, E

    1991-02-01

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

  20. 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)

  1. Civil nuclear and responsibilities related to radioactive wastes. The 'cumbersome' wastes of the civil nuclear; The Parliament and the management of wastes from the civil nuclear; The Swiss legal framework related to the shutting down of nuclear power stations and to the management of radioactive wastes; Economic theory and management of radioactive wastes: to dare the conflict

    International Nuclear Information System (INIS)

    Rambour, Muriel; Pauvert, Bertrand; Zuber-Roy, Celine; Thireau, Veronique

    2015-01-01

    This publication presents the contributions to a research seminar organised by the European Centre of research on Risk, Collective Accident and Disasters Law (CERDACC) on the following theme: civil nuclear and responsibilities related to radioactive wastes. Three main thematic issues have been addressed: the French legal framework for waste processing, the comparison with the Swiss case, and the controversy about the exposure of societies to waste-induced risks. The first contribution addressed the cumbersome wastes of the civil nuclear industry: characterization and management solutions, the hypothesis of reversibility of the storage of radioactive wastes. The second one comments the commitment of the French Parliament in the management of wastes of the civil nuclear industry: role of Parliamentary Office of assessment of scientific and technological choices (OPECST) to guide law elaboration, assessment by the Parliament of the management of nuclear wastes (history and evolution of legal arrangements). The next contribution describes the Swiss legal framework for the shutting down of nuclear power stations (decision and decommissioning) and for the management of radioactive wastes (removal, financing). The last contribution discusses the risk related to nuclear waste management for citizen and comments how economists address this issue

  2. 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

  3. LEGAL EDUCATION OF PHARMACISTS IN A CONTEXT OF SOCIETY DEMOCRATIZATION AND THE EUROPEAN STANDARDS OF EDUCATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    I. M. Alieksieieva

    2015-04-01

    Full Text Available In order to determine the urgent need for scientific applied research to improve legal education and legal education in higher educational institutions of the pharmaceutical and medical profile conditions have been explored by such methods as observation, comparison, analysis and synthesis, identification, description and interpretation. It has been established that the main source of specific legal education must be current legislation and international instruments ratified by the Ukrainian parliament - the VerkhovnaRada, which is common tool of general civil and professional relationships regulation. This suggests that state government should strive to keep this professional category not only highly professional, but also highly moral, highly cultured and the right conscious. The aim of the article - scientific research and theoretical study of social meaning and motivation to legal education in the departments of pharmaceutical profile in terms of the university. Materialsandmethodsofresearch The research is based on an analysis of academic publications and monographs on the theory of state and law, philosophy, psychology, legal psychology and copyright research and professional publications on the current state of legal education, legal trainingand legal culture of students in Ukraine. Results and discussion The man, society, state - three interrelated nature of social and historical phenomena, the emergence and development of which are caused by objective natural laws. Each of these institutions of social life is in constant dynamics and relationships. Prominent in the specified interaction takes man with his natural rights and interests. But that does not mean it has to be a passive consumer goods, which should create the society and the state. Fundamental preconditions for the improvement of society and the state, as the basis for a comfortable, safe human existence is a constant development and improvement of himself (physical, moral

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

    Energy Technology Data Exchange (ETDEWEB)

    Rienen, W. van; Wasser, U.

    1999-01-01

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

  5. 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.

  6. [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.

  7. 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.

  8. Number of addictive substances used related to increased risk of unnatural death: A combined medico-legal and case-record study

    Directory of Open Access Journals (Sweden)

    Lindgren Anna

    2009-08-01

    Full Text Available Abstract Background Substance use disorders have repeatedly been found to lead to premature death, i.e. drug-related death by disease, fatal intoxications, or trauma (accidents, suicide, undetermined suicide, and homicide. The present study examined the relationship between multi-drug substance use and natural and unnatural death. Methods All consecutive, autopsied patients who had been in contact with the Addiction Centre in Malmö University Hospital from 1993 to 1997 inclusive were investigated. Drug abuse was investigated blindly in the case records and related to the cause of death in 387 subjects. Results Every substance apart from alcohol used previously in life added to the risk of unnatural death in a linear way. There were independent increased risks of fatal heroin overdoses or undetermined suicide. Death by suicide and violent death were unrelated to additional abuse. Conclusion The number of drugs used was related to an increased risk of unnatural death by undetermined suicide (mainly fatal intoxications and heroin overdose.

  9. The Genetic Basis of Natural Variation in Kernel Size and Related Traits Using a Four-Way Cross Population in Maize.

    Science.gov (United States)

    Chen, Jiafa; Zhang, Luyan; Liu, Songtao; Li, Zhimin; Huang, Rongrong; Li, Yongming; Cheng, Hongliang; Li, Xiantang; Zhou, Bo; Wu, Suowei; Chen, Wei; Wu, Jianyu; Ding, Junqiang

    2016-01-01

    Kernel size is an important component of grain yield in maize breeding programs. To extend the understanding on the genetic basis of kernel size traits (i.e., kernel length, kernel width and kernel thickness), we developed a set of four-way cross mapping population derived from four maize inbred lines with varied kernel sizes. In the present study, we investigated the genetic basis of natural variation in seed size and other components of maize yield (e.g., hundred kernel weight, number of rows per ear, number of kernels per row). In total, ten QTL affecting kernel size were identified, three of which (two for kernel length and one for kernel width) had stable expression in other components of maize yield. The possible genetic mechanism behind the trade-off of kernel size and yield components was discussed.

  10. 22 CFR 92.92 - Service of legal process under provisions of State law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process under provisions of... AND RELATED SERVICES Quasi-Legal Services § 92.92 Service of legal process under provisions of State law. It may be found that a State statue purporting to regulate the service of process in foreign...

  11. Biochemical Basis of CO2-Related Internal Browning Disorders in Pears (Pyrus communis L. cv. Rocha) during Long-Term Storage

    NARCIS (Netherlands)

    Deuchande, Teresa; Larrigaudière, Christian; Giné-bordonaba, Jordi; Pinto de Carvalho, Susana; Vasconcelos, Marta W.

    2016-01-01

    This study aimed at understanding the biochemical basis of internal browning disorders (IBDs) in ‘Rocha’ pear. For this purpose, the effects of storage under normal controlled atmosphere (CA) (3 kPa of O2 + 0.5 kPa of CO2) and IBD-inducing CA (1 kPa of O2 + 10 kPa of CO2) on the antioxidant and

  12. Attitudes Toward Medical Cannabis Legalization Among Serbian Medical Students.

    Science.gov (United States)

    Vujcic, Isidora; Pavlovic, Aleksandar; Dubljanin, Eleonora; Maksimovic, Jadranka; Nikolic, Aleksandra; Sipetic-Grujicic, Sandra

    2017-07-29

    Currently, medical cannabis polices are experiencing rapid changes, and an increasing number of nations around the world legalize medical cannabis for certain groups of patients, including those in Serbia. To determine medical students' attitudes toward medical cannabis legalization and to examine the factors influencing their attitudes. Fourth-year medical students at the Faculty of Medicine, University of Belgrade, had participated in a cross-sectional study. Data were collected by an anonymous questionnaire. Overall, 63.4% students supported medical cannabis legalization, and only 20.8% supported its legalization for recreational use. Students who previously used marijuana (p medical cannabis legalization compared with students who never used them. Support for marijuana recreational use was also related to prior marijuana (p cancer (90.4%) and chronic pain (74.2%) were correctly reported approved medical indications by more than half the students. Students who supported medical cannabis legalization showed better knowledge about indications, in contrast to opponents for legalization who showed better knowledge about side effects. Beliefs that using medical cannabis is safe and has health benefits were correlated with support for legalization, and previous marijuana and alcohol use, while beliefs that medical cannabis poses health risks correlated most strongly with previous marijuana use. Conclusions/Importance: The medical students' attitudes toward medical cannabis legalization were significantly correlated with previous use of marijuana and alcohol, knowledge about medical indications and side effects, and their beliefs regarding medical cannabis health benefits and risks.

  13. 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...

  14. CONSIDERATIONS REGARDING THE INFLUENCE OF LEGAL COMMUNICATION FROM THE PERSPECTIVE OF NATURAL LAW

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2016-05-01

    Full Text Available This article addresses the issue of legal communication within natural law. Law has an important role, in relation to civilization and legal culture and one of the means through which law influences both culture and civilization is legal communication. The patterns of legal communication should be analyzed from the perspective of all important schools of legal thought: natural law, legal positivism, historical school of law etc. In this paper, the perception of law, through legal communication, within natural law is discussed and analyzed, from the principles and statements of Aristotle to the writings of St. Bernard of Clairvaux, St. Thomas Aquinas and later to the theories of Hugo Grotius. This study also aims to prove that the difference between legal communication within the major schools of legal thought does not regard the essence of communication or the various principles of law, but merely the perception of law, which varies from one school of thought to another.

  15. Legality Principle of Crimes and Punishments in Iranian Legal System

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  16. 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.

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

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

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

  18. Multiculturalism and legal autonomy for cultural minorities

    Directory of Open Access Journals (Sweden)

    Morten Ebbe Juul Nielsen

    2013-11-01

    Full Text Available Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework.http://dx.doi.org/10.5324/eip.v7i2.1798

  19. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  20. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  1. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

  2. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  3. Technical basis of safeguards

    International Nuclear Information System (INIS)

    Buechler, C.

    1975-01-01

    Definition of nuclear materials control. Materials accountancy and physical control as technical possibilities. Legal possibilities and levels of responsibility: material holders, national and international authority. Detection vs. prevention. Physical security and containment surveillance. Accountancy: materials balance concept. Materials measurement: inventory taking, flow determination. IAEA safeguards; verification of operator's statement. (HP) [de

  4. [Euthanasia: legal comparison in selected European countries].

    Science.gov (United States)

    Doležal, Adam

    2018-01-01

    This article deals with the subject of euthanasia (all its forms) and other end-of-life decisions, such as assisted suicide, withdrawing and whithholding life-sustaining treatments. Among other things, the article will also deal with the issue of the offense of Homicide by the Victims Request. Based on an empirical historical method, the article compares the various selected legal orders. From this analysis, it draws some conclusions that have an impact on ethical discourse. First of all, the terminology is defined in the article, which is very important in this area. Further, German law is being analysed, with emphasis on Nazi Germany. On that basis, the so-called reductio ad Hitlerum argument is rejected. Research continues and is followed by another states, the Netherlands, Belgium and Switzerland. By analysing them, the following ethical arguments used in euthanasia debates are examined: the argument of a slippery slope and the argument of respect for autonomy. Finally, the judgment of the European Court of Human Rights in the Pretty case is also analysed. On this case, we can demonstrate, how insufficient is argument of human dignity. The last part is dedicated to the Czech Republic and its legal order. Firstly, it focuses on the history of the legal regulation of euthanasia, but the main part deals with the current legal situation. In addition to the recent state of affairs, the bill of Death with dignity act is also being examined. At the end of the article it is pointed out that the Czech regulation is insufficient and changes are necessary. However, the proposed bill of Death with dignity act is not the right way to follow. Rather, it may be wise to adopt an amendment to the Penal Code that would introduce the offense of Homicide by the Victims Request.Key words: assisted suicide - euthanasia - Homicide by the Victims Request - medical futility - withdrawing and whithholding life-sustaining treatment.

  5. Financial Management: DoD Process for Reporting Contingent Legal Liabilities

    National Research Council Canada - National Science Library

    Granetto, Paul J; Marsh, Patricia A; Peek, Marvin L; Brittingham, Scott S; Baidridge, Denise E; Egu, Charles O; Schenck, Kristy M; Adams, Carl L; Reiser, Cheri L

    2006-01-01

    .... The report is intended to convey systemic concerns across DoD and to provide DoD management and legal counsel the basis for developing policies and procedures for reporting and disclosing contingent...

  6. THE PRINCIPLE OF PROTECTION AND PRESERVATION OF MARINE ENVIRONMENT, AS THE BASIS FOR ENSURING THE PROTECTION OF THE OCEANS FROM POLLUTION

    OpenAIRE

    Ksenia Borisovna Valiullina*, Damir Hamitovich Valeev

    2017-01-01

    International maritime law is a set of principles and norms, governing relations between States on the use of waters and resources of the World Ocean. Generally recognized principles of international law of the sea form the basis of international relations in the region. The latter agreements, concluded between the States, first of all, are evaluated from the point of view of their conformity with the main international legal principles. The principles not only define and specify basic rights...

  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. Legal and economic aspects of UEFA's Rules on licensing of clubs and financial fair play

    Directory of Open Access Journals (Sweden)

    Ines Medić

    2018-01-01

    Full Text Available The results of supervision which UEFA in 2009 carried out on clubs showed that more than half of a total of 655 European clubs are in debt. Moreover, these are huge debts which are disproportionate with their financial possibilities. The three biggest European clubs were in such financial disarray that they were in two years, treated like other businesses, declared to be bankrupt. That period coincided with the widening of EU legislative powers and in sport issues and with the focus of the Commission on “sound management”. In 2010, UEFA presented a new Rulebook on the licensing of clubs and financial fair play. This Rulebook introduced doing business on “point of financial security” as their basis for the financial sustainability of European clubs. However, from the very beginning of its application its relation with EU legal regulations on competitiveness was disputable. This Rulebook existed in this limbo for 8 years and slowly real effects of its application are starting to be supervised. Namely legal and economic effects were often shown to have an unexpected effect, especially in combination with EU law. The intention here is to observe in detail the Rulebook’s regulations through various prisms: relation to EU legal regulations, its economic effects and the effect on stability and competitive balance.

  9. 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

  10. 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

  11. 22 CFR 72.9 - Responsibility if legal representative is present.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Responsibility if legal representative is... Nationals § 72.9 Responsibility if legal representative is present. (a) A consular officer should not act as provisional conservator if the consular officer knows that a legal representative is present in the foreign...

  12. 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)

  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. Military Policy toward Homosexuals: Scientific, Historic, and Legal Perspectives

    National Research Council Canada - National Science Library

    Davis, Jeffrey S

    1990-01-01

    This thesis examines military policy toward homosexuals. Scientific, historic, and legal perspectives are reviewed as they relate to current policy and the distinction between homosexual acts and homosexual status...

  15. Posthumous conception: Recent legal developments in South Africa

    African Journals Online (AJOL)

    the possibility of conceiving children after death is relatively new. Posthumous .... Aevitas supported the applicant's plans of posthumous conception, this is not ... posthumous conception: autonomy translates into a legal right of the surviving ...

  16. Legal bases for the installation of nuclear power plants

    International Nuclear Information System (INIS)

    Faria, N.M. de

    1980-06-01

    The process of installation of nuclear power plants in the context of the Brazilian legal system is analysed. The structure of the political and administrative system related to the matter and the correspondent legislation are discussed. (A.L.) [pt

  17. 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)

  18. The Flood, the Channels and the Dykes: Managing Legal Information in a Globalized and Digital World

    OpenAIRE

    Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

    2008-01-01

    Information search and retrieval are part of daily routines of the legal profession. Lawyers, judges, prosecutors, and legal clerks usually access a number of electronic resources to browse, search, select, or update legal contents. Legal databases have currently become large digital libraries where the tasks related to information-seeking may sometimes be cumbersome. Adding semantics to support information search may provide significant results in terms of efficiency, efficacy, and user sati...

  19. LEGAL CERTAINTY OF INDUSTRIAL DESIGN REVENUE IN INDONESIA BASED ON INTELLECTUAL PROPERTY APPROACH AND LEGAL COMPARISON

    Directory of Open Access Journals (Sweden)

    Ranti Fauza Mayana

    2018-03-01

    Full Text Available [Legal Certainty Of Industrial Design Revenue  In Indonesia Based On Intellectual Property Approach And Legal Comparison]  Protection of Industrial Designs, as well as intellectual property, is based on the ability of human creativity through creativity, taste and intention. According to Article 25 paragraph (1 TRIPs Protected Industrial Design Agreement is a new or original Industrial Design, this provision holds the principle that the novelty of a design is obtained when the design is differ from the previous, the novelty includes novelty and originality, the principal basis for the grant of Industrial Design, whereas this principle is not fully adopted in the provisions of Industrial Design. The Industrial Design Decree in Indonesia only requires novelty without clarifying how to interpret the novelty requirement so that a large number of Industrial Design Rights are obtained based on the Minor Change approach where slight differences in form and configuration have essentially demonstrated novelty. The minor change approach is considered to exclude the aspect of originality and is less able to provide legal certainty to the holder of the registered Industrial Design Rights. This paper aims to explore minor change approach as the basis for the evaluation of the novelty of Industrial Design in the perspective of comparative law in several countries of the world, namely the United States, Japan, the European Union and Australia as a study and reference material in an effort to establish protection of Industrial Design Rights in Indonesia that can provide legal certainty. Keywords: Industrial Design Revenue, Comparative Law.

  20. Sustained productivity in recombinant Chinese Hamster Ovary (CHO) cell lines: proteome analysis of the molecular basis for a process-related phenotype

    LENUS (Irish Health Repository)

    Meleady, Paula

    2011-07-24

    Abstract Background The ability of mammalian cell lines to sustain cell specific productivity (Qp) over the full duration of bioprocess culture is a highly desirable phenotype, but the molecular basis for sustainable productivity has not been previously investigated in detail. In order to identify proteins that may be associated with a sustained productivity phenotype, we have conducted a proteomic profiling analysis of two matched pairs of monoclonal antibody-producing Chinese hamster ovary (CHO) cell lines that differ in their ability to sustain productivity over a 10 day fed-batch culture. Results Proteomic profiling of inherent differences between the two sets of comparators using 2D-DIGE (Difference Gel Electrophoresis) and LC-MS\\/MS resulted in the identification of 89 distinct differentially expressed proteins. Overlap comparisons between the two sets of cell line pairs identified 12 proteins (AKRIB8, ANXA1, ANXA4, EIF3I, G6PD, HSPA8, HSP90B1, HSPD1, NUDC, PGAM1, RUVBL1 and CNN3) that were differentially expressed in the same direction. Conclusion These proteins may have an important role in sustaining high productivity of recombinant protein over the duration of a fed-batch bioprocess culture. It is possible that many of these proteins could be useful for future approaches to successfully manipulate or engineer CHO cells in order to sustain productivity of recombinant protein.

  1. DNA-based identification of invasive alien species in relation to Canadian federal policy and law, and the basis of rapid-response management.

    Science.gov (United States)

    Thomas, Vernon G; Hanner, Robert H; Borisenko, Alex V

    2016-11-01

    Managing invasive alien species in Canada requires reliable taxonomic identification as the basis of rapid-response management. This can be challenging, especially when organisms are small and lack morphological diagnostic features. DNA-based techniques, such as DNA barcoding, offer a reliable, rapid, and inexpensive toolkit for taxonomic identification of individual or bulk samples, forensic remains, and even environmental DNA. Well suited for this requirement, they could be more broadly deployed and incorporated into the operating policy and practices of Canadian federal departments and should be authorized under these agencies' articles of law. These include Fisheries and Oceans Canada, Canadian Food Inspection Agency, Transport Canada, Environment Canada, Parks Canada, and Health Canada. These efforts should be harmonized with the appropriate provisions of provincial jurisdictions, for example, the Ontario Invasive Species Act. This approach necessitates that a network of accredited, certified laboratories exists, and that updated DNA reference libraries are readily accessible. Harmonizing this approach is vital among Canadian federal agencies, and between the federal and provincial levels of government. Canadian policy and law must also be harmonized with that of the USA when detecting, and responding to, invasive species in contiguous lands and waters. Creating capacity in legislation for use of DNA-based identifications brings the authority to fund, train, deploy, and certify staff, and to refine further developments in this molecular technology.

  2. The problem of the legal nature of Green Certificates in the Italian legal system

    International Nuclear Information System (INIS)

    Colcelli, Valentina

    2012-01-01

    Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.

  3. 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.

  4. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    2018-02-01

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

  5. 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.

  6. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

  7. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

    This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.

  8. The peaceful use of nuclear energy: National legal implications

    International Nuclear Information System (INIS)

    Guadarrama A, M.E.

    2000-01-01

    This work analyses in broad sense the legal regime about the use, exploitation and improvement of the nuclear energy in Mexico and its relationship with the International confines . It was realized the study of the elemental concepts referred about the subject and it is described briefly the evolution of the figure in the frame of as National as International laws. The objective of this work finds its basis on the provisions which contemplate the in force statutory law of the 27 Constitutional article concerning Nuclear energy but before considering the legal nature and the main characteristics of this normative instrument. (Author)

  9. Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

    Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

  10. Histological findings and lung dust analysis as the basis for occupational disease compensation in asbestos-related lung cancer in Germany.

    Science.gov (United States)

    Feder, Inke Sabine; Theile, Anja; Tannapfel, Andrea

    2018-01-15

    This study has researched the significance of histologically raised findings and lung dust analyses in the context of claiming the recognition of and thus compensation for an asbestos-associated occupational disease. For this approach, all findings from the German Mesothelioma Register in 2015 that included lung dust analyses were evaluated and were compared with information on asbestos fiber exposure at work based on fiber years, and with the results of radiological findings. For 68 insured persons, recognition of an asbestos-induced lung disease according to Section 4104 of the German Ordinance on Occupational Diseases (Berufskrankheitenverordnung - BKV) could be recommended solely on the basis of the histological examinations of lung tissues and complementary lung dust analyses. Neither did the calculation of the cumulative asbestos dust exposure at work yield 25 fiber years, nor could bridge findings (e.g., plaques) be identified. In addition, the autopsies of 12 patients revealed plaques that had not been diagnosed during radiological examinations. These results show that - irrespective of the prescribed working techniques and radiological diagnosis - pathological/anatomical and histological diagnostics are often the only way for the insureds to demonstrate the causal connection between asbestos and their disease. Even after long intervals of up to 40 years post last exposure, the asbestos fibers would still be easily detectable in the lung tissues evaluated. Whenever suitable tissue is available, it should be examined for mild asbestosis with the aid of a lung dust analysis. Otherwise there is a risk that an occupational disease is wrongfully rejected. In the context of health insurance, the lung dust analysis and the resulting proof of the presence of asbestosis often constitute one option of providing evidence of an occupational disease. Int J Occup Med Environ Health 2018;31(3):293-305. This work is available in Open Access model and licensed under a CC BY

  11. LEGAL SECURITY ON CELLPHONE TRADING THROUGH ELECTRONIC MEDIA IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Aan Aswari

    2017-05-01

    Full Text Available The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in performing its obligation reflect the concrete aspect. Warranty provides protection security for related parties with some governing regulations during transaction. However, some other supporting components have not been effectively contribute to balance the utilization of technology in trading. Keywords: legal security, trading, cellphone, electronic media

  12. Marijuana Legalization: Impact on Physicians and Public Health

    Science.gov (United States)

    Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

  13. Marijuana Legalization: Impact on Physicians and Public Health.

    Science.gov (United States)

    Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

  14. Fleeing the Drug War Next Door: Drug-related Violence as a Basis for Refugee Protection for Mexican Asylum-Seekers

    NARCIS (Netherlands)

    Buchanan, Holly

    2011-01-01

    The death toll in Mexico due to drug-related violence has continued to rise since President Felipe Calderón initiated the Mexican Government's crackdown on drug trafficking organizations in 2006. Pervasive corruption among state and local government officials and alleged human rights violations by

  15. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

    Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

  16. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

    Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

  17. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

    Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...

  18. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

    Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.

  19. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

    Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.

  20. 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....

  1. The Legal Regulation of Cybersecurity

    OpenAIRE

    Darius Štitilis

    2013-01-01

    Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regul...

  2. Measuring progress and projecting attainment on the basis of past trends of the health-related Sustainable Development Goals in 188 countries

    DEFF Research Database (Denmark)

    2017-01-01

    BACKGROUND: The UN's Sustainable Development Goals (SDGs) are grounded in the global ambition of "leaving no one behind". Understanding today's gains and gaps for the health-related SDGs is essential for decision makers as they aim to improve the health of populations. As part of the Global Burden...... indicators have defined SDG targets, against which we assessed attainment. FINDINGS: Globally, the median health-related SDG index was 56·7 (IQR 31·9-66·8) in 2016 and country-level performance markedly varied, with Singapore (86·8, 95% uncertainty interval 84·6-88·9), Iceland (86·0, 84·1-87·6), and Sweden...... 2-8) of the 24 defined targets currently measured. Globally, projected target attainment considerably varied by SDG indicator, ranging from more than 60% of countries projected to reach targets for under-5 mortality, neonatal mortality, maternal mortality ratio, and malaria, to less than 5...

  3. The influence of organic acids in relation to acid deposition in controlling the acidity of soil and stream waters on a seasonal basis

    International Nuclear Information System (INIS)

    Chapman, Pippa J.; Clark, Joanna M.; Reynolds, Brian; Adamson, John K.

    2008-01-01

    Much uncertainty still exists regarding the relative importance of organic acids in relation to acid deposition in controlling the acidity of soil and surface waters. This paper contributes to this debate by presenting analysis of seasonal variations in atmospheric deposition, soil solution and stream water chemistry for two UK headwater catchments with contrasting soils. Acid neutralising capacity (ANC), dissolved organic carbon (DOC) concentrations and the Na:Cl ratio of soil and stream waters displayed strong seasonal patterns with little seasonal variation observed in soil water pH. These patterns, plus the strong relationships between ANC, Cl and DOC, suggest that cation exchange and seasonal changes in the production of DOC and seasalt deposition are driving a shift in the proportion of acidity attributable to strong acid anions, from atmospheric deposition, during winter to predominantly organic acids in summer. - Seasonal variations in soil solution ANC is controlled by seasonal variations in seasalt deposition and production of dissolved organic acids

  4. Legal Deposit of Electronic Publications

    Directory of Open Access Journals (Sweden)

    Burcu Umut Zan

    2009-06-01

    Full Text Available The most important and basic role of the deposition studies, which are the greatest contributions to the knowledge sharing, is to gather the artistic and philosophical works of a country and provide them for the use of future researchers. However, since early deposition studies were limited with printed publications, they do not involve the electronic publication types appearing with the development of information technology. This stems from the fact that the electronic publications require procedures different from those of the printed publications in terms of deposition steps because of their structures. Today, in order to guarantee that all registered cultural products, which are mostly produced and used in the electronic environment could be fully collected, electronic publications should also be covered by and regulated under legal deposit. This study analyzes the deposition of electronic publications, within the framework of their storage and protection, being put in the use of the users as well as the common approaches to deposition practices in the world parallel to the developments in the information technology. The related situation in Turkey was also evaluated.

  5. Measuring progress and projecting attainment on the basis of past trends of the health-related Sustainable Development Goals in 188 countries: an analysis from the Global Burden of Disease Study 2016

    OpenAIRE

    2017-01-01

    BACKGROUND: The UN's Sustainable Development Goals (SDGs) are grounded in the global ambition of "leaving no one behind". Understanding today's gains and gaps for the health-related SDGs is essential for decision makers as they aim to improve the health of populations. As part of the Global Burden of Diseases, Injuries, and Risk Factors Study 2016 (GBD 2016), we measured 37 of the 50 health-related SDG indicators over the period 1990-2016 for 188 countries, and then on the basis of these past...

  6. The results of randomized controlled trial of low-dose radiation for wet-type age-related macular degeneration on a 1 year term basis

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2003-06-01

    Evaluation of low dose radiation therapy to the wet-type age-related macular degeneration (AMD) located at the fovea centralis. Patients were irradiated with 10 fractions of 2 Gy external beam or just observed. Between the treated (39) and untreated (31) cases, there was no significant difference in gender, age, initial visual acuity, or size of the neovascular membrane. With the follow-up of 12 months, the visual acuity was significantly well preserved and the size of the neovascular membrane was decreased. These results indicate that low dose irradiation is effective for the wet-type AMD of the stage we treated in the present study. (author)

  7. The legacy of legal culture and Serbia's European integration

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

  8. Ethical and Legal Issues in Gestational Surrogacy.

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother).

  9. Public health legal preparedness in Indian country.

    Science.gov (United States)

    Bryan, Ralph T; Schaefer, Rebecca McLaughlin; DeBruyn, Lemyra; Stier, Daniel D

    2009-04-01

    American Indian/Alaska Native tribal governments are sovereign entities with inherent authority to create laws and enact health regulations. Laws are an essential tool for ensuring effective public health responses to emerging threats. To analyze how tribal laws support public health practice in tribal communities, we reviewed tribal legal documentation available through online databases and talked with subject-matter experts in tribal public health law. Of the 70 tribal codes we found, 14 (20%) had no clearly identifiable public health provisions. The public health-related statutes within the remaining codes were rarely well integrated or comprehensive. Our findings provide an evidence base to help tribal leaders strengthen public health legal foundations in tribal communities.

  10. Ethical and Legal Issues in Gestational Surrogacy

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    Abstract This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother). PMID:29675478

  11. Social and legal dimensions discussion of conscientious refusal in Turkey

    Directory of Open Access Journals (Sweden)

    Şeniz ANBARLI BOZATAY

    2011-12-01

    Full Text Available Even though the discussion of conscientious objection, the refusal of military service due to individual’s moral values or religious beliefs, is new in Turkey, the subject has become the focus of intense interest. The discussion of conscientious objection in Turkey has come the to the fore with the heated debates between the glorification of the dynamics of Turkish social structure towards military service and the critique of militarism and conscientious objection’s legal dimensions, as well. Since the reduction of discussions in this context in Turkey to the legal dimension is the ignorance of social reality constituting basis to the legal dimension, the subject is examined with reference to the social and historical outlook on this issue and the study is built on dimensions.

  12. Informed consent and the law--an English legal perspective.

    Science.gov (United States)

    Hassan, Majid

    2008-01-01

    'Informed consent' is a widely used term, but its application in a legal perspective can be varied. American and Commonwealth jurisdictions have developed a 'patient-based' true informed consent approach, whereas in the English legal system a 'doctor-based' approach has traditionally been applied in relation to disclosure of risk. This article will seek to compare these approaches and give a brief overview of some of the key legal rulings which have shaped the requirement of consent. The decision in the English case of Chester vs. Afshar is considered as showing the significance the court attached to the principle of autonomy and using ethical and policy considerations to depart from established principles of English law relating to consent to treatment and disclosure of risk. This review is intended as general information and not as legal advice which should be sought from defence organisation and specialist health care lawyers. Copyright 2008 S. Karger AG, Basel.

  13. Legal protection against nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1959-04-15

    The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

  14. Legal protection against nuclear damage

    International Nuclear Information System (INIS)

    1959-01-01

    The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

  15. 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.

  16. Safety Basis Report

    International Nuclear Information System (INIS)

    R.J. Garrett

    2002-01-01

    As part of the internal Integrated Safety Management Assessment verification process, it was determined that there was a lack of documentation that summarizes the safety basis of the current Yucca Mountain Project (YMP) site characterization activities. It was noted that a safety basis would make it possible to establish a technically justifiable graded approach to the implementation of the requirements identified in the Standards/Requirements Identification Document. The Standards/Requirements Identification Documents commit a facility to compliance with specific requirements and, together with the hazard baseline documentation, provide a technical basis for ensuring that the public and workers are protected. This Safety Basis Report has been developed to establish and document the safety basis of the current site characterization activities, establish and document the hazard baseline, and provide the technical basis for identifying structures, systems, and components (SSCs) that perform functions necessary to protect the public, the worker, and the environment from hazards unique to the YMP site characterization activities. This technical basis for identifying SSCs serves as a grading process for the implementation of programs such as Conduct of Operations (DOE Order 5480.19) and the Suspect/Counterfeit Items Program. In addition, this report provides a consolidated summary of the hazards analyses processes developed to support the design, construction, and operation of the YMP site characterization facilities and, therefore, provides a tool for evaluating the safety impacts of changes to the design and operation of the YMP site characterization activities

  17. Safety Basis Report

    Energy Technology Data Exchange (ETDEWEB)

    R.J. Garrett

    2002-01-14

    As part of the internal Integrated Safety Management Assessment verification process, it was determined that there was a lack of documentation that summarizes the safety basis of the current Yucca Mountain Project (YMP) site characterization activities. It was noted that a safety basis would make it possible to establish a technically justifiable graded approach to the implementation of the requirements identified in the Standards/Requirements Identification Document. The Standards/Requirements Identification Documents commit a facility to compliance with specific requirements and, together with the hazard baseline documentation, provide a technical basis for ensuring that the public and workers are protected. This Safety Basis Report has been developed to establish and document the safety basis of the current site characterization activities, establish and document the hazard baseline, and provide the technical basis for identifying structures, systems, and components (SSCs) that perform functions necessary to protect the public, the worker, and the environment from hazards unique to the YMP site characterization activities. This technical basis for identifying SSCs serves as a grading process for the implementation of programs such as Conduct of Operations (DOE Order 5480.19) and the Suspect/Counterfeit Items Program. In addition, this report provides a consolidated summary of the hazards analyses processes developed to support the design, construction, and operation of the YMP site characterization facilities and, therefore, provides a tool for evaluating the safety impacts of changes to the design and operation of the YMP site characterization activities.

  18. Disadvantages of legal engineering of the disclosure of certain norms of the Budget Code of Ukraine

    Directory of Open Access Journals (Sweden)

    Світлана Миколаївна Клімова

    2017-09-01

    the Budget Code of Ukraine states as follows: “The total amount of financial resources for each type of intergovernmental transfers specified in paragraphs 6-8 of part one of Article 97 of this Code shall be calculated on the basis of state social standards and norms established by law and Other normative-legal acts “. Determine the ways (techniques of presenting this rule of law: – by the degree of abstract presentation – casuistic; – by degree of completeness of presentation – blanket; – in the form of the proposal – in the form of narrative proposal. This clause of Article 94 of the BCU can not be implemented by public administration bodies without the adoption of another, special law or by-law normative-legal act. Secondly, the integrity of the public finance management process is impossible without systematic and qualitative control. Article 113 of the BCU determines the powers of the state financial control bodies to control compliance with budget legislation. The control functions of the public administration bodies of Ukraine should be stated as follows: 1 The Budget Code of Ukraine does not specify specific directions and objects of control, but the system, principles and tasks of public financial control (in Article 113; 2 determine, in a special law, the system, forms, methods, types of public financial control; 3 by subordinate acts to establish specific rules for carrying out control activities by a specific public administration body in relation to a particular object. Thirdly, the norms of the Budget Code of Ukraine on legal liability for violation of budget legislation are set out in a non-systematic way in violation of the rules of legal technique. Conclusions of the research. 1. The legal electronics industry covers knowledge of the rules of law and the creation of a process of various legal documents outlining the content written regulations, preparing legal documents, legal analysis of the expression of legal rights and duties of

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

    Science.gov (United States)

    Pye, A. Kenneth

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

  20. Legal control scenario applied to embedded software in measuring instruments

    International Nuclear Information System (INIS)

    Castro, C.G. de; Brandao, P.C.; Leitao, F.O.

    2013-01-01

    This paper presents a scenario of legal control of software in measuring instruments. Such control is hampered by intrinsic problems related to software analysis and verification. To circumvent these difficulties, several projects are being developed to attack different stages of legal control, such as the model type approval, periodic verifications and metrological expertise. The proposals that will arise from these projects will be discussed among the parts and may be incorporated into the measuring instruments. (author)

  1. Evidence Supporting Broader Access To Safe Legal Abortion

    OpenAIRE

    Faundes; Anibal; Shah; Iqbal H.

    2016-01-01

    Unsafe abortion continues to be a major cause of maternal death; it accounts for 14.5% of all maternal deaths globally and almost all of these deaths occur in countries with restrictive abortion laws. A strong body of accumulated evidence shows that the simple means to drastically reduce unsafe abortion-related maternal deaths and morbidity is to make abortion legal and institutional termination of pregnancy broadly accessible. Despite this evidence, abortion is denied even when the legal con...

  2. Remuneration of Graduates, as at 1 July 1994. Legal, Religious, Social Science, Humanities and Related Occupations = Vergoeding van Gegradueerdes, soos op 1 Julie 1994. Regs-, Godsdiens-, Sosiaal- en Verwante Geesteswetenskaplike Beroepe.

    Science.gov (United States)

    Jacobs, Johan

    This document, which is based on data gathered during a September 1994 mail survey of 215,284 South African graduates that elicited a total response rate of 18.3%, details the remuneration of graduates (as of July 1, 1994) in a wide range of occupations in the following categories: legal; religious; social science; humanities; and art, sport, and…

  3. Wer hat Recht? Who Has Legal Rights?

    Directory of Open Access Journals (Sweden)

    Swantje Lichtenstein

    2004-07-01

    Full Text Available Der Zusammenhang zwischen sexueller Differenz und deren juristischen Folgen wird in der Wiener Studie näher beleuchtet. Auch wenn die Zeiten der offenen Diskriminierung vorüber zu sein scheinen, die Ungleichheit vor dem Recht bleibt bestehen. Noch immer liegen die Verdienste von Frauen deutlich unter denen von Männern, immer noch wird – auch gesetzlich – der Bereich des Privaten als genuin weiblicher verstanden, die Öffentlichkeit dagegen ist männlich. Hier setzen die Fragen zur gerechten Machtverteilung an, die der Band behandelt. Die Interdependenz von gesellschaftlicher Veränderung und rechtlichem Wandel wird von Elisabeth Holzleithner anhand verschiedener Diskurse vorgeführt.The connection between sexual difference and its juridicial consequences is examined more closely in this Viennese study. Even when the times of open discrimination seem to have subsided, inequality in the legal sphere still remains. Women’s incomes are still distinctly below those of men. The private sphere is still understood—also legally—as being genuinely feminine, whereas the public sphere is considered masculine. The questions considered in the volume regarding the just distribution of power stem from these issues. The interdependence of societal change and legal transformation is presented by Elisabeth Holzleithner on the basis of various discourses.

  4. 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

  5. Legal implications of genetics and crime research.

    Science.gov (United States)

    Denno, D W

    1996-01-01

    Two controversial topics dominate discussions of the legal implications of genetics and crime research; (1) the viability and politics of such research, which has sparked fervent debate in the USA; and (2) the current status of new or atypical criminal law defences, which would include a genetic-defect defence to criminal behaviour. This chapter begins by examining the scientifically discredited XYY chromosome syndrome defence, the major genetic-defect defence that defendants have attempted, albeit unsuccessfully. It then focuses on attorneys' efforts to test for evidence of genetic abnormality in the recent and highly publicized case involving convicted murderer Stephen Mobley, whose family history reveals four generations of violent, aggressive and behaviourally disordered men and women. Mobley is currently appealing his death sentence before the Georgia Supreme Court on the basis that the trial court denied his request both to have genetic testing performed and to have such testing allowed as evidence into court. This chapter concludes by emphasizing that the question is not whether genetic evidence will ever be admitted into court, but when and under what kinds of circumstances. No doubt, genetic evidence, and comparable kinds of biological evidence, will have a major impact on juries when such evidence is more fully accepted by the legal and scientific communities.

  6. Molecular basis of structural make-up of feeds in relation to nutrient absorption in ruminants, revealed with advanced molecular spectroscopy: A review on techniques and models

    Energy Technology Data Exchange (ETDEWEB)

    Rahman, Md. Mostafizar [Department of Animal and Poultry Science, University of Saskatchewan, Saskatoon, Saskatchewan, Canada; Yu, Peiqiang [Department of Animal and Poultry Science, University of Saskatchewan, Saskatoon, Saskatchewan, Canada

    2017-01-31

    Progress in ruminant feed research is no more feasible only based on wet chemical analysis, which is merely able to provide information on chemical composition of feeds regardless of their digestive features and nutritive value in ruminants. Studying internal structural make-up of functional groups/feed nutrients is often vital for understanding the digestive behaviors and nutritive values of feeds in ruminant because the intrinsic structure of feed nutrients is more related to its overall absorption. In this article, the detail information on the recent developments in molecular spectroscopic techniques to reveal microstructural information of feed nutrients and the use of nutrition models in regards to ruminant feed research was reviewed. The emphasis of this review was on (1) the technological progress in the use of molecular spectroscopic techniques in ruminant feed research; (2) revealing spectral analysis of functional groups of biomolecules/feed nutrients; (3) the use of advanced nutrition models for better prediction of nutrient availability in ruminant systems; and (4) the application of these molecular techniques and combination of nutrient models in cereals, co-products and pulse crop research. The information described in this article will promote better insight in the progress of research on molecular structural make-up of feed nutrients in ruminants.

  7. Relative accretion of /sup 99m/Tc-polyphosphate by forming and resorbing bone systems in rats: its significance in the pathologic basis of bone scanning

    International Nuclear Information System (INIS)

    Garcia, D.A.; Tow, D.E.; Kapur, K.K.; Wells, H.

    1976-01-01

    The relative roles of osteogenesis and osteolysis in the production of positive radionuclide images of skeletal lesions were investigated. The uptake of /sup 99m/Tc-polyphosphate (Tc-PP) by each process was measured in an animal model that permitted bone formation and resorption to be studied independently. Ten rats received intramuscular implants of bone-forming demineralized matrix (DM) and resorbing devitalized bone (DV). Radiographs and Tc-PP scintiscans were made each week thereafter. At 6 to 10 weeks, the implants and normal bone samples were removed, counted for /sup 99m/Tc, and examined histologically. The uptake of Tc-PP by DM implants was first detected on images made 3 weeks after implantation, and by DV implants, 1 to 2 weeks later. Serial radiography showed progressive calcification of DM and resorption of DV implants. Microscopic examinations of undecalcified sections, stained with a modified Goldner preparation, revealed vital-bone formation in the DM implants and osteoclastic resorption in the DV. Activity counts per gram of DM and DV implants were, respectively, 200 percent and 90 percent that of normal bone. Since only the bone-forming system (DM) accumulated Tc-PP at greater than normal concentrations, this study indicates that positive bone images of osteolytic lesions solely reflect compensatory osteogenic responses

  8. Support for Marijuana Legalization and Predictors of Intentions to Use Marijuana More Often in Response to Legalization Among U.S. Young Adults.

    Science.gov (United States)

    Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C

    2017-01-28

    As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.

  9. Navigating the Legal Horizon: Lawyering the MH17 Disaster

    Directory of Open Access Journals (Sweden)

    Marieke de Hoon

    2017-04-01

    Full Text Available On 17 July 2014, Malaysia Airlines Flight MH17 was shot down over Eastern Ukraine, leaving no survivors. Since, victims’ relatives, States, and the wider public are trying to understand what happened, how it could happen, who is responsible, and how to address these responsibilities. The efforts to find justice have faced many complications and legal complexities. This article aims to provide insight into these legal and political complexities. In particular, it discusses the core legal questions of the criminal accountability of the perpetrators and the State responsibility of those States involved —Ukraine and Russia— through the legal doctrines of public international law and the European Convention on Human Rights. It further offers some core considerations relating to civil liability of States and airline carriers. In addition to providing insight into why the road to justice is long and arduous, the legal options available, and the specific challenges of each, the article also emphasises that having a legal option does not necessarily mean that it is also the best choice to use it. That choice is up to victims’ relatives and the States concerned. The article takes no position in this regard. Instead, it seeks to provide an analysis that may contribute to making such decisions in an informed manner.

  10. Problems of linguistic discrimination in the communicative space of Tajikistan: legal, sociolinguistic and educational aspects

    Directory of Open Access Journals (Sweden)

    Diloro Iskandarova

    2017-11-01

    Full Text Available Although it is disregarded and banned, a person can be discriminated in the society according to various attributes – due to the person's language, religion, nationality, social background. The problem touches upon not only individuals but minorities as well. Almost all states have one or several groups – minorities – that differ from the main population in ethnic, linguistic or religious lines. Most international treaties on human rights contain anti-discriminatory provisions. In addition to the main rights of the freedom of conscience, thought and associations, the principal legal guarantees for each representative of minorities consist in being treated equally by the law and courts and in equal protection of laws. The paper studies the problems of legal, sociolinguistic and educational basis of linguistic discrimination in the communicative space of Tajikistan. Linguistic discrimination and political correctness are closely connected with the language policy of the state. With exoglossic linguistic situation being characteristic for Tajikistan arises a need to study the questions related to linguistic discrimination. This will allow making certain adjustments to language building and harmonizing the ethnic and interethnic interests on the basis of a balanced and scientifically justified language policy.

  11. A critical assessment of the scientific basis, and implementation, of regulations for the safety assessment and marketing of innovative tobacco-related products.

    Science.gov (United States)

    Combes, Robert D; Balls, Michael

    2015-09-01

    Our scientific, logistical, ethical and animal welfare-related concerns about the latest US Food and Drug Administration (FDA) regulations for existing and so-called 'new' tobacco products, aimed at reducing harmful exposures, are explained. Such claims for sales in the USA now have to be based on a wide range of information, a key part of which will increasingly be data on safety and risk. One of the pathways to achieve marketing authorisation is to demonstrate substantial equivalence (SE) with benchmark products, called predicates. However, the regulations are insufficiently transparent with regard to: a) a rationale for the cut-off date for 'old' and 'new' products, and for exempting the former from regulation; b) the scientific validity and operation of SE; c) options for product labelling to circumvent SE; d) the experimental data required to support, and criteria to judge, a claim; and e) a strategy for risk assessment/management. Scientific problems related to the traditional animal methods used in respiratory disease and inhalation toxicology, and the use of quantitative comparators of toxicity, such as the No Observed Adverse Effect Level, are discussed. We review the advantages of relevant in vitro, mechanism-based, target tissue-oriented technologies, which an advisory report of the Institute of Medicine of the US National Academy of Sciences largely overlooked. These benefits include: a) the availability, for every major site in the respiratory tract, of organotypic human cell-based tissue culture systems, many of which are already being used by the industry; b) the accurate determination of concentrations of test materials received by target cells; c) methods for exposure to particulate and vapour phases of smoke, separately or combined; d) the ability to study tissue-specific biotransformation; and e) the use of modern, human-focused methodologies, unaffected by species differences. How data extrapolation, for risk assessment, from tissue culture to

  12. The Trilateral Initiative: The Legal Framework

    International Nuclear Information System (INIS)

    Rockwood, L.

    2015-01-01

    The Trilateral Initiative was a six-year effort undertaken by the IAEA, the United States and the Russian Federation between 1996 to 2002 to identify verification arrangements and technologies for IAEA verification of classified forms of Pu and HEU from nuclear warheads or components. As part of that Initiative, between 1999 and 2001, the parties succeeded in negotiating a model agreement for such verification (the Model Agreement). Although the Trilateral Initiative ended in 2002, the Model Agreement produced as a result of those negotiations could still serve as the basis for bilateral agreements between the IAEA and nuclear-weapon States wishing to demonstrate, in a verifiable manner, the release of weapon origin and other fissile material from defence programmes. This presentation will describe the legal framework for the Model Agreement and the major issues addressed during its negotiation

  13. 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.

  14. Accounting Standards and Legal Capital in EU Law

    Directory of Open Access Journals (Sweden)

    Loukas Panetsos

    2016-09-01

    Full Text Available This paper examines the interaction between accounting standards and legal capital in the European Union legal framework. More in particular, it attempts to compare on a parallel basis the distributional and behavioural function of both concepts and to address whether the current legal status quo in the European Union fulfils these functions. First, this paper makes a short reference to the various accounting families which are encountered today, with a strong emphasis on the distinction between Anglo-American and Continental systems. Then, it describes the EU accounting regulation and the introduction of IFRS in domestic legislation. Further, it discusses the concept of legal capital as it has been established in European jurisdictions and it points to the relevance of the Continental accounting standards. It is argued that both are characterized by paternalism, contrasting with Anglo-American standards and American distributional methods, which are outlined by contractariansm. The final argument is that the combination of legal capital rules and Anglo-American standards, like the IFRS, neither achieves the protective role prescribed to the former, nor guarantees the aims of the latter.

  15. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

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

  16. Ethical and Legal Considerations of Healthcare Informatics

    Directory of Open Access Journals (Sweden)

    Maria ALUAŞ

    2016-12-01

    Full Text Available Internet, cloud computing, social networks and mobile technology, all facilitate information transfer. Healthcare professionals, physicians and patients can use informatic devices in order to simplify their access to medical information, to streamline testing, and to understand clinical results. The use of computers and software facilitate doctor-patient interactions by optimizing communication and information flow. However, digital interfaces also increase the risks that information specialists use information without fully complying with ethical principles and laws in force. Our premise is that these information specialists should: 1 be informed of the rights, duties, and responsibilities linked to their profession and laws in force; 2 have guidelines and ethical tutoring on what they need to do in order to avoid or prevent conflict or misconduct; 3 have renewed specific training on how to interpret and translate legal frameworks into internal rules and standards of good practice. The purpose of this paper was: 1 to familiarize professionals who work in healthcare informatics with the ethical and legal issues related to their work; 2 to provide information about codes of ethics and legal regulations concerning this specific area; 3 to summarize some risks linked to wrong or inadequate use of patient information, such as medical, genetic, or personal data.

  17. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

  18. Fundamento molecular de la esteatosis hepática asociada a la obesidad Molecular basis of obesity-related hepatic steatosis

    Directory of Open Access Journals (Sweden)

    X. Buqué

    2008-09-01

    experimental obesity-related fatty liver. In the latter, the fa/fa rat is assessed, which constitutes an animal model for obesity with phenotype features similar to human obesity, including insulin resistance and dyslipemia. Hepatic steatosis is a complex, mainly metabolic condition where apparently non-compatible metabolic processes concur, in addition to oxidative stress, endoplasmic reticulum stress, mitochondrial dysfunction, and decreased expression of survival genes. Extrahepatic signals underlie the disorder, such as those arising from peripheral insulin resistance associated with an increase in adipose mass and systemic free fatty acids, together with intrahepatic signals leading to derangement of liver glycostatic and lipidostatic functions, as well as to greater vulnerability to other aggressions.

  19. Legal and scientific scrutiny of forensic 'sciences' and 'experts'

    International Nuclear Information System (INIS)

    Metz, H.O.E.

    2002-01-01

    Full text: Traditional areas of forensic science, such as, handwriting and fingerprint examinations and the newer sciences such as molecular biology are increasingly being scrutinized and challenged by the legal and scientific communities. These older forensic disciplines are targets for critics and skeptics as they are not founded on the traditional sciences but have rather an empirical basis and are supported by what may be considered quasi-validated data. This paper discusses in broad terms the basis of these legal and scientific attitudes and the various solutions to overcoming these negative perceptions. Werner Heisenberg (1901-1976; German physicist) 'An Expert is someone who knows some of the worst mistakes that can be made in his subject and who manages to avoid them'. (author)

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

    Science.gov (United States)

    Zhiyong, Xian

    2017-08-01

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

  1. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

    Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor  of  law  schools;  The  educational  legislation  Questions  of  legal  education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences  about  the  teaching  of  law,  the  methodological  approach  and  the  didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.

  2. 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.

  3. Legal and ethical issues regarding social media and pharmacy education.

    Science.gov (United States)

    Cain, Jeff; Fink, Joseph L

    2010-12-15

    Widespread use of social media applications like Facebook, YouTube, and Twitter has introduced new complexities to the legal and ethical environment of higher education. Social communications have traditionally been considered private; however, now that much of this information is published online to the public, more insight is available to students' attitudes, opinions, and character. Pharmacy educators and administrators may struggle with the myriad of ethical and legal issues pertaining to social media communications and relationships with and among students. This article seeks to clarify some of these issues with a review of the legal facets and pertinent court cases related to social media. In addition, 5 core ethical issues are identified and discussed. The article concludes with recommendations for pharmacy educators with regard to preparing for and addressing potential legal issues pertaining to social media.

  4. Bank guarantee in Serbian and European legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available The paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as compared to other personal assets, particularly with regards to a higher level of protection to creditors in contractual relations. Due to the aforementioned benefit the institute has been increasingly applied in legal dealings, both in our and other legal systems. In the paper, I will point out normative solutions in terms of regulation of a bank guarantee as a specific legal activity in which there is no accessoriness, which is not the case with security. This research particularly focuses on the comparative legal analysis of this collateral.

  5. Legal Considerations for Health Care Practitioners After Superstorm Sandy.

    Science.gov (United States)

    Hershey, Tina Batra; Van Nostrand, Elizabeth; Sood, Rishi K; Potter, Margaret

    2016-06-01

    During disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518-524).

  6. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

    Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

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

    Directory of Open Access Journals (Sweden)

    Damir Aviani

    2008-01-01

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

  8. Legal Order Founded on Human Wisdom

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2015-07-01

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

  9. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

    An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)

  10. Competitive Legal Professionals' use of Technology in Legal ...

    African Journals Online (AJOL)

    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 ...

  11. BWR NSSS design basis documentation

    International Nuclear Information System (INIS)

    Vij, R.S.; Bates, R.E.

    2004-01-01

    In 1985 an incident at Toledo Edison's Davis Besse plant caused the U.S. Nuclear Regulatory Commission (NRC) to re-evaluate the technical information that the utilities had readily available to support the design of their plants. The Design Basis programs, currently on going in most U.S. utilities, have been the nuclear industry's response to the needs identified by this re-evaluation. In order to understand the Design Basis programs which have been implemented by the U.S. nuclear utilities, it is necessary to understand the problem as it was perceived by the nuclear industry (the utilities, the original NSSS designers and the regulators) after the Davis-Besse incident, the subsequent programs undertaken by the industry under the leadership of INPO and NUMARC, the NRC's actions, and the overall evolution of the industry's vision in relation to this problem. This paper presents the history of the design basis efforts from the first recognition of the problem by the NRC after the Davis-Besse incident, describes the actions taken by the NRC, INPO, NUMARC, the U.S. utilities and the NSSS designers, and brings the problem statement up-to-date in relation to the vision presently held by the U.S. nuclear industry. It then presents a technical discussion to develop a detailed definition of design basis information to support the problem statement. The information originally supplied by the NSSS designers during the plant design and construction is discussed as well as its relationship to the previously defined design basis information. This section of the paper concludes by defining the additional information needed by nuclear utilities to satisfy the requirements developed from the problem statement. Having developed a definition of the additional information (i.e., information not originally supplied during design and construction) required to solve the design basis problem as it is presently perceived by the U.S. nuclear industry, the paper then discusses design basis

  12. The effect of abortion legalization on sexual behavior: evidence from sexually transmitted diseases.

    Science.gov (United States)

    Klick, Jonathan; Stratmann, Thomas

    2003-06-01

    Unwanted pregnancy represents a major cost of sexual activity. When abortion was legalized in a number of states in 1969 and 1970 (and nationally in 1973), this cost was reduced. We predict that abortion legalization generated incentives leading to an increase in sexual activity, accompanied by an increase in sexually transmitted diseases (STDs). Using Centers for Disease Control data on the incidence of gonorrhea and syphilis by state, we test the hypothesis that abortion legalization led to an increase in sexually transmitted diseases. We find that gonorrhea and syphilis incidences are significantly and positively correlated with abortion legalization. Further, we find a divergence in STD rates among early legalizing states and late legalizing states starting in 1970 and a subsequent convergence after the Roe v. Wade decision, indicating that the relation between STDs and abortion is casual. Abortion legalization accounts for about one-fourth of the average disease incidence.

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

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

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

  14. Documents and legal texts

    International Nuclear Information System (INIS)

    2013-01-01

    This section reprints a selection of recently published legislative texts and documents: - Russian Federation: Federal Law No.170 of 21 November 1995 on the use of atomic energy, Adopted by the State Duma on 20 October 1995; - Uruguay: Law No.19.056 On the Radiological Protection and Safety of Persons, Property and the Environment (4 January 2013); - Japan: Third Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (concerning Damages related to Rumour-Related Damage in the Agriculture, Forestry, Fishery and Food Industries), 30 January 2013; - France and the United States: Joint Statement on Liability for Nuclear Damage (Aug 2013); - Franco-Russian Nuclear Power Declaration (1 November 2013)

  15. Theoretical basis for dosimetry

    International Nuclear Information System (INIS)

    Carlsson, G.A.

    1985-01-01

    Radiation dosimetry is fundamental to all fields of science dealing with radiation effects and is concerned with problems which are often intricate as hinted above. A firm scientific basis is needed to face increasing demands on accurate dosimetry. This chapter is an attempt to review and to elucidate the elements for such a basis. Quantities suitable for radiation dosimetry have been defined in the unique work to coordinate radiation terminology and usage by the International Commission on Radiation Units and Measurements, ICRU. Basic definitions and terminology used in this chapter conform with the recent ''Radiation Quantities and Units, Report 33'' of the ICRU

  16. Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications.

    Science.gov (United States)

    Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

    2018-01-01

    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. In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.

  17. Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications

    Science.gov (United States)

    Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

    2018-01-01

    Abstract 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. Results In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. Conclusion If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors. PMID:29675481

  18. [Gender correction surgery in transsexualism from a legal perspective].

    Science.gov (United States)

    Bergmann, Karl Otto

    2006-01-01

    As understood by the German "Transsexuellengesetz" (Gender Recognition Act) transsexualism is to be recognized as a gender identity disorder if a long-term diagnostic-therapeutic process has shown that the transposition of gender roles is irreversible and if, besides psychotherapeutic monitoring, only hormonal and surgical procedures are suitable to relieve the patient's distress related to his gender identity. The German Gender Recognition Act does not contain provisions regarding the diagnosis or medical treatment of transsexualism. Commissioned by the German Sexuality Research Association, the Academy for Sexual Medicine and the Association for Sexology, a committee of experts developed standards for the medical treatment and evaluation of transsexuals. These standards provide a basis and orientational guide for both medical and legal issues. In terms of liability, doctors should carefully consider the recommendations on patient education provided in these guidelines. The costs for hormonal treatment and genital corrective surgery are reimbursed by the Statutory Health Insurances (SHI) if a medical expert confirms that transsexualism is a medical disorder.

  19. Should Pediatric Euthanasia be Legalized?

    NARCIS (Netherlands)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery

  20. Virtual Reality and Legal Education

    OpenAIRE

    Kiskinov, Vihar

    2014-01-01

    Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"