WorldWideScience

Sample records for legal land title

  1. Papering over the cracks: An ethnography of land title in the Eastern Cape

    Directory of Open Access Journals (Sweden)

    Rosalie Kingwill

    Full Text Available The article addresses the dualistic legal paradigm prevalent in South Africa's approach to recognising rights in land. The system of title is characterised by precise and quantifiable mathematical formulae formalised through paper records that convey proprietary powers to registered owners. This view is contrasted with the characteristics of land tenure among African families with freehold title in the Eastern Cape who trace their relationship to their land to forebears who acquired title in the nineteenth century. The findings show that relationships reminiscent of 'customary' concepts of the family are not extinguished when title is issued. The land is viewed as family property held by unilineal descent groups symbolised by the family name. This conception diverges considerably from the formal, legal notion of land title as embodied in common law, and from rules of inheritance in official customary law. African freeholders' source of legitimation of successive rights in land is not the 'law' but locally understood norms framed within identifiable parameters that sanction socially acceptable practices. The conclusion raises broader questions about the paradigm that informs South African law reform in a range of tenure contexts, suggesting that current policies are poorly aligned with the social realities on the ground.

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

    Directory of Open Access Journals (Sweden)

    Nirwana Nirwana

    2017-12-01

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

  3. Land Titles and Rice Production in Vietnam

    DEFF Research Database (Denmark)

    Van Den Broeck, Katleen; Newman, Carol; Tarp, Finn

    In most of the empirical literature on land titling, the household is regarded as unitary, and land rights are found to have ambiguous effects on land allocation, investment and productivity. Using data from 12 provinces in Vietnam, we diversify land titles, and show in a household fixed effects...... analysis of plot level rice yields that land titles are indeed important. Only exclusively held titles have the expected positive effects, and the positive effect on yields is found in male headed households. Furthermore, a household level rice yield function reveals that exclusive user rights...... are inefficiency decreasing, while jointly held user rights have no efficiency effects. Finally, once the gender of the head of household is controlled for, exclusively held female titles have a greater positive effect on the efficiency of the household than that of male held titles...

  4. Legal protection of land from pollution

    Directory of Open Access Journals (Sweden)

    Petrović Zdravko

    2014-01-01

    Full Text Available Situated in the study conducted in this paper, using the method of analysis of contents, induction and deduction, historical and legal dogmatic indicated that ecology as their object of legal protection has three global natural values: air, water, land, and atmosphere, hydrosphere and lithosphere as constituent elements of the biosphere. Land as a special natural product comprises a solid layer of the Earth that is specific to the biosphere. The importance of land from the perspective of sustainable development is multifaceted, especially when seen through its environmental, industrial, manufacturing, socio-economic, educational, scientific, cultural, historical and any other useful functions. Its most important function is to fertility and the ability to flora supplying water, oxygen and mineral substances. Natural processes that led to the creation of land argue the view that it belongs to the so-called renewable resources, but only if it's a man rational use and encourages their natural reproduction. In accordance with current legislation and categorization of land, this survey includes agricultural land. In this paper, we have opted for ecological and legal land protection as one of the most important natural resources whose quality and extent of a very significant impact on the environment as a whole. The introductory part of the paper included a terminological demarcation and specificity of the case study of environmental law, as well as the possible forms of soil pollution. Methodological framework of research, using the method of content analysis of existing domestic and international legal legislation, method comparison and synthesis were studied legal documents that protect the land from pollution.

  5. 24 CFR 1710.209 - Title and land use.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Title and land use. 1710.209... § 1710.209 Title and land use. (a) General information. (1) State whether the developer has reserved the... recording, submit a map which has been prepared to scale and which shows the proposed division of the land...

  6. Mimicry of the Legal: Translating de jure Land Formalization Processes Into de facto Local Action in Jambi Province, Sumatra

    Directory of Open Access Journals (Sweden)

    Yvonne Kunz

    2016-06-01

    Full Text Available In Indonesia, as in many other countries of the global South, processes to formalize rights over land have been implemented with the intention to reduce deforestation, decrease poverty and increase tenure security. Literature on de jure processes of land formalization is widely available. There is a gap, however, on the discrepancy of de jure land titling procedures and de facto strategies to legitimize land claims. Led by the theoretical concepts of “law as process” and “politics of scale”, this study closes this gap by analyzing the impact of national tenure formalization processes on de facto local patterns of land titling. Using empirical material from 16 villages in Jambi province, we show that the outcomes of the state-led land reforms and land tenure formalization processes are imitated and translated into locally feasible actions. We refer to these translation processes as “mimicry of the legal”. The land formalization endeavors fostering mimicry of the legal allow for resource exploitation and rent-seeking behavior.

  7. Land Titles and Rice Production in Vietnam

    DEFF Research Database (Denmark)

    Van Den Broeck, Katleen; Newman, Carol; Tarp, Finn

    analysis of plot level rice yields that land titles are indeed important. Only exclusively held titles have the expected positive effects, and the positive effect on yields is found in male headed households. Furthermore, a household level rice yield function reveals that exclusive user rights...

  8. Ex-Post Analysis of Land Title Registration in Ghana Since 2008 Merger

    Directory of Open Access Journals (Sweden)

    Richmond J. Ehwi

    2016-04-01

    Full Text Available Land ownership and security of title have continued to dominate land management discourses in many developing economies, leading to a proliferation of studies that explore, among other things, the nexus between land title registration and land security, women’s access to land, innovation in agriculture, access to finance, and economic development. For many years, Ghana experienced minimal success in formalizing land ownership and title registration. However, public confidence and expectations were raised once more in 2008 with the merger of four disparate land agencies into the New Lands Commission (NLC under the overarching ambit of the Land Administration Project (LAP. This article contributes to existing studies by evaluating the impact of the 2008 merger. This is accomplished by matching the project’s stated objectives with actual outcomes and situating the findings in the broader theoretical debate about land title registration and economic development. Using data gathered through interviews with officials of the Greater Accra Lands Commission and with prospective land title holders, the study concludes that there have not been any great gains in achieving the complete digitization of the title registration process and follow-up procedures. However, there has been a reduction in the turn-around time for processing land documents, from more than 36 months to about 3 months, as well as increased public awareness about the process of title registration. The study recommends further training of staff members of the NLC in handling the digitization process, institutionalization of anti-corruption and anti-bribery practices, and the introduction of a well-functioning customer feedback system.

  9. Software Development Framework For Electronic Land Titles ...

    African Journals Online (AJOL)

    Record keeping is a fundamental activity of public administration. Land Titles management in Nigeria, by virtue of the Land use act 1990, is one of the functions of government. Most of the records hitherto used in managing the records of lands are documented on paper. We carried out an investigation into the suitability of ...

  10. 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 Community Paralegals in Addressing Impacts of Land Use Change in Asia. This project addresses the ... Pays d' institution. United States. Site internet.

  11. Modernizing insecurity: the land titling project in Honduras.

    NARCIS (Netherlands)

    Jansen, K.; Roquas, E.

    1998-01-01

    The Honduran land titling project (the Proyecto de Titulación de Tierra para los Pequeños Productores), initiated in 1982, was intended to enhance security in land rights, to facilitate credit and to improve agricultural productivity. This study explores how the project has operated in one village,

  12. Innovative options for structuring oil and gas agreements on First Nation lands

    International Nuclear Information System (INIS)

    Wells, M.D.

    1999-01-01

    The paper is developed from two perspectives, both of which are integral to the manner in which the paper's topic is viewed: a First Nation's perspective and a legal perspective. The paper is premised on two important points. The first is that the paper is presented only from a First Nation's perspective, not from the commonly understood 'Indians, Inuit and Metis', but from what has historically been considered as an 'Indian' perspective. The second premise is that the entirety of Aboriginal Lands is not dealt with, which are commonly understood to include reserve lands and Aboriginal title lands. With one exception, the discussion is concerned with options for structuring agreements to reserve lands which are defined as 'a tract of land, the legal title of which is vested in Her Majesty, that has been set apart by Her Majesty, for the use and benefit of the land'. It is important to understand the perspective First Nations have of their land and resources. And from a legal point of view, it is also important to understand the distinction between Aboriginal title lands and Indian Reserve lands. Integral to this understanding is an appreciation of the manner in which First Nations' title arises. The failure of the current legislative scheme to adequately protect First Nation interests and provide for their greater participation is understood and appreciated by the author

  13. Creation and cessation of the land ownership right - legal forms

    OpenAIRE

    Celerýn, Jakub

    2009-01-01

    I chose for my diploma thesis the theme which is called "Creation and cessation of the land ownership right - legal forms". The aim of the work is to give complex and complete description of basic legal forms of acquiring ownership right to land. The presented work is divided into ten chapters. The first part (second chapter) of the diploma thesis determines the concepts of "ownership", "real estate", "land", "plot" etc. According to Czech law concept of "real estate" means mainly under groun...

  14. 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.

  15. THE DEMAND FOR PRIVATE PROPERTY RIGHTS: LAND TITLING, CREDIT, AND AGRICULTURAL PRODUCTIVITY IN MEXICO

    OpenAIRE

    Johnson, Nancy L.

    1998-01-01

    Land titles can increase agricultural productivity by increasing access to collateralized credit. However, increased credit use depends on the assumption that farmers face asset-based credit rationing. This assumption is tested using data from Mexico's voluntary land titling program. The results do not support the existence of widespread credit rationing.

  16. Viewing Health Equity through a Legal Lens: Title VI of the 1964 Civil Rights Act.

    Science.gov (United States)

    Rosenbaum, Sara; Schmucker, Sara

    2017-10-01

    Enacted as part of the watershed Civil Rights Act of 1964, Title VI prohibits discrimination by federally assisted entities on the basis of race, color, or national origin. Indeed, the law is as broad as federal funding across the full range of programs and services that affect health. Over the years, governmental enforcement efforts have waxed and waned, and private litigants have confronted barriers to directly invoking its protections. But Title VI endures as the formal mechanism by which the nation rejects discrimination within federally funded programs and services. Enforcement efforts confront problems of proof, remedies whose effectiveness may be blunted by underlying residential segregation patterns, and a judiciary closed to legal challenges focusing on discriminatory impact rather than intentional discrimination. But Title VI enforcement has experienced a resurgence, with strategies that seek to use the law as a basic compliance tool across the range of federally assisted programs. This resurgence reflects an enduring commitment to more equitable outcomes in federally funded programs that bear directly on community health, and it stands as a testament to the vital importance of a legal framework designed to move the nation toward greater health equity. Copyright © 2017 by Duke University Press.

  17. LEGAL RESTRICTIONS AND INFORMAL LAND USE PRACTICES OF CHINESE FARMERS ON THE RUSSIAN FAR EAST

    Directory of Open Access Journals (Sweden)

    Ivan Zuenko

    2017-01-01

    Full Text Available УДК 349.41The article is devoted to the analysis of legal forms and informal land use practices existing among Chinese farmers on the Russian Far East. The main intention of the authors is to explore the reasons for the existence of sustainable practices circumvent legal restrictions of land rights of foreign citizens and legal entities, as well as determine the “limits of limitations” of land rights of foreigners (including property and land lease rights. Problem field of the research includes definition of trends of legal regulation in this sphere, classification of informal land use practices by Chinese farmers, as well as a comparative description of the trends in legal regulation of land relations with foreign element in the Commonwealth of Independent States and Asia-Pacific countries. Methodology includes sociological methods (interview, participant observation by which authors has obtained and classified infor-mation on informal land use practices existing among Chinese farmers. Specially-legal methods (including comparative legal analysis and method of normative interpretation were used to determine the regulatory trends in neighboring countries as well as to find out the limits of restrictions which may be imposed on foreigners land rights without con-tradiction with federal Constitution. Restrictive initiatives promoted recently by Ministry of agriculture not only make a visible contrast with the liberalization of land use in the neighboring countries of the Asia-Pacific region, but also are not adequate in light of the government's intentions to attract foreign investment into the economy of the Far East region. The fact that some subjective rights belongs to foreign citizens and legal persons in itself does not allow the government to restrict them more than such rights of Russian citizens. Moreover, further limitation invades in the very essence of the content (core of the right for land. A further limitation of land use

  18. Indicators of the Legal Security of Indigenous and Community Lands. Data file from LandMark: The Global Platform of Indigenous and Community Lands.

    NARCIS (Netherlands)

    Tagliarino, Nicholas Korte

    2016-01-01

    L. Alden Wily, N. Tagliarino, Harvard Law and International Development Society (LIDS), A. Vidal, C. Salcedo-La Vina, S. Ibrahim, and B. Almeida. 2016. Indicators of the Legal Security of Indigenous and Community Lands. Data file from LandMark: The Global Platform of Indigenous and Community Lands.

  19. Legalising land rights. Local Practices, State Responses and Tenure Security in Africa, Asia and Latin America

    OpenAIRE

    Ubink, Janine M.; Hoekema, André J.; Assies, Willem J.

    2009-01-01

    Millions of people live and work on land that they do not legally own in accordance with enforceable state law. The absence of state recognition for local property rights affects people's tenure security and impedes development. Efforts to legalise extra-legal land tenure have traditionally emphasised individual titling and registration. Disappointment with such approaches have led to a search for 'a third way' in land tenure regulation that will reconcile state perspectives with local land r...

  20. Land tenure in China: Legal, actual and perceived security

    NARCIS (Netherlands)

    Ma, Xianlei; Heerink, N.; Feng, S.; Shi, X.

    2015-01-01

    This paper examines the magnitudes of legal security, actual security and perceived security of farmland tenure, and the causes of currently prevailing land tenure insecurity in rural China. Two farm household surveys conducted in the northwest of Gansu province in 2010 and in the northeast of

  1. Separating Sisters From Brothers: Ethnic Relations and Identity Politics in the Context of Indigenous Land Titling in Indonesia

    Directory of Open Access Journals (Sweden)

    Stefanie Steinebach

    2017-06-01

    Full Text Available Environmental and social transformations in Jambi province, Indonesia, are inextricably interlinked. Large-scale agro-industrial development and nature conservation policies equally alienate local communities from their agricultural lands and turn land into a scarce resource. Consequently, access to agricultural land becomes increasingly contested, not only between communities and state institutions or companies but also among communities themselves. To secure or restore local ‘indigenous’ land rights against land grabbing and green grabbing by states and companies, indigenous land titling has become a powerful tool all over the world. Ongoing activities of indigenous land titling in Indonesia have been largely perceived as an act of justice by indigenous and land rights activists and affected communities. Yet, a challenging step towards titling is the identification of who is and who is not ‘indigenous’. This highly political process creates ethnicity-based identities tied to rights and possibilities around land as a contested resource. Based on a case study of a national park in central Jambi, this paper shows that what is perceived as an act of justice against the state can also produce injustice among local communities by heavily impacting and transforming local social structures and relations.

  2. Joint Ownership of family land in Uganda: Examining the responses ...

    African Journals Online (AJOL)

    It serves as an organizational unit in which members raise young ones ... Cultural and legal perspectives are very divergent on family land, joint ownership and on what ..... only ownership was more prominent among title deeds (84% vs 62%).

  3. Designing economic and legal mechanism of land management in oil and gas companies

    International Nuclear Information System (INIS)

    Tsibulnikova, M R; Pogharnitskaya, O V; Strelnikova, A B

    2015-01-01

    The article deals with the problem of economic and legal relationship in the sphere of land management provided by Russian government. The gas pipeline construction serves as an example to analyze the problems connected with leasing of both federal and privately owned lands. Comparative analysis of costs made by Gazprom to lease the lands at the stage of construction has been conducted. It has been concluded that the government should regulate relationships within the land sector to harmonize the interests of the Federation and private landowners

  4. Legal Consequences Of The Notarial Certification Of Transactions With The Land Plots

    Directory of Open Access Journals (Sweden)

    Veronika V. Lukina

    2014-06-01

    Full Text Available In the present article the legal consequences of the notarial certification with the land plots at the present stage are researched. Author considers purposes of the notarial certification as a key to increasing evidentiary force of the notarial act. Within a researched topic a draft of the Federal Law "On the notaries and notarial activity in Russian Federation" is analyzed. Author marks out that the certifying procedure has to giving to the notarial acts the legality presumptions and the reliability presumption. Special attention is paid to the analyses of the question of changes in the procedure of the state registration of rights for real estate and actions with it from February 1, 2014. For example the idea of refusal from legal examination of documents received for state registration under the notary certified contracts, which is directed on the avoidance of the public subject’s functions duplication during their activity conduct, rendering assistance in concern to the definition of their area of responsibility is discussed. Author emphasizes that state registration of rights for real estate and actions with it isn't capable to replace the notarial certificate of actions with land real estate as notary carries out those functions which the state registration can't execute, covering that stage of legal relationship emergence, that isn’t affected by the state registration.

  5. Offshore oil and gas and coastal British Columbia : Aboriginal rights, title and interests

    Energy Technology Data Exchange (ETDEWEB)

    Porter, D. [First Nations Summit, West Vancouver, BC (Canada)

    2006-07-01

    This presentation discussed the legal duty of offshore proponents in the oil and gas industry to consult with Aboriginal nations. The Crown court's support for Aboriginal title to ocean areas within proposed offshore regions was also discussed, and Aboriginal rights to manage ocean resources were outlined. Haida and Taku River Tlingit legal decisions have confirmed both a constitutional and fiduciary duty for the Crown to consult with Aboriginal nations who assert their rights or title to lands subject to development. Resource rights granted without meaningful consultation with Aboriginal nations can be challenged, which may result in legal and financial liability for resource companies. A consultative process that addresses ownership, capacity and benefit sharing must be developed so that Aboriginal governments can participate in the design and development of appropriate fiscal and regulatory regimes. The developed regime must consider benefit and revenue sharing, as well as the integration of traditional knowledge within western science for the lifetime of any project. All decision-making bodies must include participation from Aboriginal groups. Mechanisms must also be developed to mitigate the environmental and socio-economic consequences of resource development. Impact and benefit agreements must be negotiated with coastal nations. Dissatisfaction with the concept of consultation processes has led first nations to reconsider the role that they must play in ensuring that oil and gas developments in the coastal regions of British Columbia do not negatively impact on their communities. It was noted that Inuit land claims reserve special rights for the Inuit over 18,800 miles of tidal waters. Earlier attempts by Aboriginal societies to assert their right to control their own ocean resources free from governmental interference were also discussed. It was concluded that litigation of Aboriginal rights and title poses serious challenges to offshore oil and gas

  6. 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…

  7. Effects of Governance on Availability of Land for Agriculture and Conservation in Brazil.

    Science.gov (United States)

    Sparovek, Gerd; Barretto, Alberto Giaroli de Oliveira Pereira; Matsumoto, Marcelo; Berndes, Göran

    2015-09-01

    The 2012 revision of the Brazilian Forest Act changed the relative importance of private and public governance for nature conservation and agricultural production. We present a spatially explicit land-use model for Brazilian agricultural production and nature conservation that considers the spatial distribution of agricultural land suitability, technological and management options, legal command, and control frameworks including the Atlantic Forest Law, the revised Forest Act, and the Amazonian land-titling, "Terra Legal," and also market-driven land use regulations. The model is used to analyze land use allocation under three scenarios with varying priorities among agricultural production and environmental protection objectives. In all scenarios, the legal command and control frameworks were the most important determinants of conservation outcomes, protecting at least 80% of the existing natural vegetation. Situations where such frameworks are not expected to be effective can be identified and targeted for additional conservation (beyond legal requirements) through voluntary actions or self-regulation in response to markets. All scenarios allow for a substantial increase in crop production, using an area 1.5-2.7 times the current cropland area, with much of new cropland occurring on current pastureland. Current public arrangements that promote conservation can, in conjunction with voluntary schemes on private lands where conversion to agriculture is favored, provide important additional nature conservation without conflicting with national agricultural production objectives.

  8. 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.

  9. SELECTED RENEWABLE ENERGY LEGAL ISSUES IN THE CONTEXT OF LOGISTICS MANAGEMENT

    Directory of Open Access Journals (Sweden)

    Aneta Suchoń

    2015-06-01

    Full Text Available The purpose of the paper is, fi rstly, to present renewable energy sources in Poland compared with other EU countries and, secondly, to evaluate legal regulations relating to the implementation of renewable energy projects and to operation in the context of logistics management. The article also presents the defi nition and statistical data on renewable energy. Then, it focuses on legal aspects of the building process of wind farms and biogas plants. It also points out the process of organising the project, including ensuring a legal title to lands and obtaining, apart from the building permit, some other decisions. Next, the paper raises selected issues of fi nancing the projects and of a contract engineer. Finally, it refers to the stage of operating the biogas plants and to the obligations relating to the agricultural biogas.

  10. 25 CFR 151.13 - Title examination.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Title examination. 151.13 Section 151.13 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAND AND WATER LAND ACQUISITIONS § 151.13 Title examination. If the Secretary determines that he will approve a request for the acquisition of land from...

  11. Analysis of Double Meridian Distance for a Closed Traverse Area towards Developing a Contour Map and Land Title

    Directory of Open Access Journals (Sweden)

    T. U. Ganiron Jr

    2014-07-01

    Full Text Available This research aimed to analyze double meridian distance for a closed traverse area in developing a land title for a propose gymnasium in Qassim University. Theodolite, leveling rod and steel tape plays an important role in measuring elevations, bearings and distances of the boundaries of a lot. Contour map is necessary to determine the traces of level surfaces of successive elevation. This will enable to identify the type of contour map and type of contour lines necessary for this project. Corel draw software is used to draw contour map and guide to interpret the significance of the variables. It is essential to check the error of closure for interior angles and for both latitude and departure before applying the Double Meridian Distance (DMD method to obtain the total area of the lot. Technical descriptions of the land such as distance, bearing, boundaries and area are necessary to visualize the shape & exact location of the land. Developing a land title will be obtained using the technical descriptions of the lot in preparation for the type of gymnasium necessary for Qassim University.

  12. Browse Title Index

    African Journals Online (AJOL)

    Items 251 - 300 of 652 ... Journal Home > Advanced Search > Browse Title Index ... Vol 18, No 7 (2015), Introduction to virtual property: Lex virtualis ipsa ... Vol 17, No 1 (2014), Legal challenges relating to the commercial use of outer space, with ...

  13. Transfer and Transition: Interagency Coordination for Managing Public Lands at UMTRCA Title II Sites in Wyoming – 16614

    Energy Technology Data Exchange (ETDEWEB)

    Shafer, David S. [U.S. Dpartment of Energy, Office of Legacy Management; Vanek, Tim [U.S.Department of Energy, Office of Legacy Management; Ribeiro, Tracy [U.S. Department of Energy, Office of Legacy Management; Bahrke, Cheri [Navarro Research and Engineering

    2016-03-06

    By the end of fiscal year 2025, the U.S. Department of Energy (DOE) Office of Legacy Management (LM) is anticipating adding 17 sites remediated under Title II of the Uranium Mill Tailings Radiation Control Act (UMTRCA) to the current inventory of 90 sites that it manages. Among the new sites are ones where federal public lands occur within the proposed long-term care boundary, the boundary determined by the Nuclear Regulatory Commission and LM as necessary to maintain site protectiveness for the entombed uranium mill tailings and residual groundwater contamination. For these sites, public land withdrawals for land and minerals will need to be established. LM’s primary mission at UMTRCA sites is to protect the public and the environment from exposure to contamination at the sites. For the sites with public lands or federally controlled minerals that will be transferring to LM, the Office will apply to the Department of the Interior (DOI) Bureau of Land Management (BLM) for new, public land and mineral withdrawals. At most current LM UMTRCA sites that involved public lands and minerals, DOI granted DOE “full administrative jurisdiction” and permanent withdrawals. Hence, these withdrawals are, permanently, no longer subject to public land, mining, and mineral-leasing laws and regulations. LM is coordinating with DOI/BLM in Wyoming to permanently withdraw full and partial jurisdiction at future UMTRCA Title II sites in that state. This approach would allow LM to fully administer surface lands and minerals, where necessary, and DOI and LM to administer surface lands and leasable minerals where it would not jeopardize sites’ radiological safety and long-term public and environmental protection. This “shared-jurisdiction approach” will meet LM’s strategic goal of protecting human health and the environment but also allow BLM to fulfill their mission to “manage and conserve the lands under the mandate of multiple-use and sustained yield.” In addition, LM

  14. Land associations in Slovakia

    Directory of Open Access Journals (Sweden)

    Anna Bandlerová

    2017-10-01

    Full Text Available The land fragmentation is one of the serious problems in Slovakia which is given by the historical development of the land law. In the past, landowners tried to solve this problem by creation of various forms of land associations oriented to the common cultivation of agricultural land and forest land. Nowadays, the Slovak lawmaker decided to regulate the institute of land associations by the law. Land associations in Slovakia are legal entities conducting agricultural business on agricultural land, forest land or in water areas; moreover, they can provide also other business activities according to particular legal regulations. Land associations conduct business on real estate property or, more commonly, properties, which are usually owned by many co-owners, because the individual cultivation of small part of land plots would not be effective. However, the law is a subject of legal amendments more often than necessary in order to ensure the legal certainty. This paper introduces this recondite legal entity, its activities, its internal government and the ownership rights of its members. A pre-emption right that has a special legal regulation different from the general legal regulations of the pre-emption rights in the Civil Code is one of the special issues.

  15. Theoretical concepts "land management process", "land management procedure" and their relationships

    Directory of Open Access Journals (Sweden)

    Tretiak A.M.

    2017-08-01

    Full Text Available The state significance of land management activities is manifested in those legal consequences that arise after the issuance of land management documentation and are conditioned by the need to secure unsupported land rights and the use and protection of land in a state-guaranteed manner. The procedural activity of land surveyors and other persons authorized by the state to commit land management operations must be carried out in a certain order established by the state and obey the rights and obligations of the persons specified by the legislation at each stage of the development of such relations.The main goal of applying to land management organizations and land surveyors is landuse documentation, which is made in accordance with the requirements of the law and with which the relevant legal properties of the land management procedure are associated. First of all, let's dwell on such basic concepts as "land management process" and "land management procedure". Consideration of the term "land management process" implies a preliminary analysis of the category "process". At the same time, it must be admitted that the development of the procedural form of this category has not been paid attention. Considering the concept of "land management process", its place and role in the system of social relations, emphasis will be placed on the concept of a broad understanding of the legal process, the problem of which exists for decades.Thus, the legal process is a regulated by the procedural rules procedure for the activities of competent state bodies, consisting of the preparation, adoption and documentary consolidation of legal decisions of a general and individual nature. In the land law, the category "process" is specific and serves to designate relationships that provide regulatory and security land-property relationships. Particularly difficult today is the question of the delimitation of the concepts of "process" and "procedure" in general. Regarding

  16. Republikanischer Staat und indigenes Land: Die Erfahrungen in der Andenregion im 19. Jahrhundert

    Directory of Open Access Journals (Sweden)

    Rodrigo Míguez Núñez

    2010-01-01

    Full Text Available The advent of the republican state involved the imposition of liberalism as the central value of the new institutional Latin-American order. Such a process, justified by the prestige of the European experience, was supported by the proliferation of a set of laws aimed at cancelling any reference to the colonial system. In its economic profile, the new ideology gravitated around the establishment of individual freedom of disposition over the most valued asset according to the European values of physiocracy: the land. For this reason, the process of economic consolidation led to the establishment of an increasing market in land based on individual titles to property, and to the eradication, through an exhaustive legislative production, of any obstacle to the free alienability of land. This paper illustrates, within the wider legal framework required to carry out this operation, the ideological and normative approach that altered the structure of the land tenure systems of the Andean indigenous groups during the 19th century. Our analysis will focus on the principal legal milestones enacted in four countries of the Andean area: Argentina, Bolivia, Chile and Peru, with particular regard to the experience of the Bolivian state during the period between 1825 and 1880. The study seeks to reflect about the legal transplant of possessive individualism in order to provide a critical review of the impact of the rule of law in the arrangement of the indigenous agrarian system during the 19th century.

  17. Title IX--Beyond Compliance to Personal Commitment and Leadership

    Science.gov (United States)

    Peterson, Barbara

    1976-01-01

    In order to move beyond legal compliance to real equality of opportunity, every educational leader must develop some systematic means of extending his or her personal knowledge and skills with respect to Title IX. Provides a check list for self evaluation of educational leaders and a guide for developing an implementation plan for Title IX.…

  18. Assessing The Most Suitable Valuation Approaches And Methodologies For Stratum Title In Malaysia

    OpenAIRE

    Sr. Faziah Abd Rasid

    2015-01-01

    The National Land Code (NLC) was amended in 1990 to enable the state authority to issue stratum title for underground space. Stratum Title can be separated from land titles issued for surface land. This is stipulated in Part 5(A) under Section 92A to 92G. According to Section 92G (1), underground land can be used for any purpose provided approval is obtained from the authority, which is the federal government.In relation to underground development with many utilities, the appraisal of real es...

  19. Land certification as a substitute or complement to local procedures ? Securing rural land transactions in the Malagasy highlands

    OpenAIRE

    Boué, C.; Colin, Jean-Philippe

    2018-01-01

    This text deals with the relationships between land transactions and the formalization of land rights in a Malagasy context, exploring the local procedures aiming at securing land transactions, while putting them in perspective with the legal formalization of land rights through land certification. Our research shows that (i) transactions are far from being limited to legally recorded plots of land, (ii) the local extra-legal procedures for formalizing transactions are highly standardized, (i...

  20. Legal Forum: Title IX: Does It Apply to Employees?

    Science.gov (United States)

    McCarthy, Martha

    1981-01-01

    Briefly reviews a number of Federal court cases that have dealt with Title IX, considering the issue of whether the 1974 regulations prohibiting sex discrimination in employment practices accurately reflect the intent of the 1972 law. (GC)

  1. Land lease contract and prior right of lessee to concluding the new land lease contract - case of Slovakia

    Directory of Open Access Journals (Sweden)

    Anna Bandlerová

    2016-12-01

    Full Text Available Land lease is one of the few possible ways to use the agricultural land effectively. This is caused by problems in the proprietary and user relationships, therefore the agricultural land lease and its legal regulation is especially important for Slovakia. This paper deals with the selected legal arrangements related to the agricultural land lease in Slovakia with an objective to identify application problems faced by lessees and lessors of agricultural land. When regulating the agricultural land lease relationships, the Slovak law maker prefers dispositive legal norms. However, this method is rarely used in the application practice. Contracting parties often focus only on obligatory characters of the contract, relying on the legal text of dispositive provisions. The legal arrangement of the lessee’s prior right to sign the new lease contract attracts a particular attention. Current legal regulation of this lessee’s right seems to be unenforceable; on the other hand, it collides with the basic human rights. This provision needs to be either cancelled or adjusted so that it achieves the objective defined by the law maker and so that it is legally enforceable in compliance with superior legal norms.

  2. 32 CFR 644.63 - Contracting for title evidence.

    Science.gov (United States)

    2010-07-01

    ... law and the State canons of legal ethics prohibit attorneys from engaging in competitive bidding for..., with the concurrence of the Chief Counsel or his designee. (c) Forms to be used. When purchasing title...

  3. Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure

    Science.gov (United States)

    Trembecka, Anna

    2016-06-01

    A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

  4. Native title contestation in Western Australia's Pilbara region

    Directory of Open Access Journals (Sweden)

    Paul Cleary

    2014-12-01

    Full Text Available The rights afforded to Indigenous Australians under the Native Title Act 1993 (NTA are very limited and allow for undue coercion by corporate interests, contrary to the claims of many prominent authors in this field. Unlike the Commonwealth’s first land rights law, Aboriginal Lands Rights (Northern Territory Act 1976 (ALRA , the NTA does not offer a right of veto to Aboriginal parties; instead, they have a right to negotiate with developers, which has in practice meant very little leverage in negotiations for native title parties. And unlike ALRA, developers can deal with any Indigenous corporation, rather than land councils. These two factors have encouraged opportunistic conduct by some developers and led to vexatious litigation designed to break the resistance of native title parties, as demonstrated by the experience of Aboriginal corporations in the iron ore-rich Pilbara region of Western Australia.

  5. Legal Scholarship as a Vocation.

    Science.gov (United States)

    Luban, David

    2001-01-01

    Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)

  6. Water Rights on Community Lands: LandMark’s Findings from 100 Countries

    Directory of Open Access Journals (Sweden)

    Liz Alden Wily

    2017-11-01

    Full Text Available This paper analyzes whether national laws acknowledge indigenous peoples and other rural communities in 100 countries as owners of waters that arise within their lands. Results derive from information collected by LandMark to score the legal status of community land tenure. Findings are positive; half of all countries recognize communities as lawful possessors of water on their lands. Three quarters permit communities to manage the distribution and use of water on their lands. While 71 percent of countries declare water to be a public resource, this belies the substantial existence of privately owned water. In 29 percent of countries, private water is an identified legal category, and in many other countries obtainable rights to water are sufficiently substantial to imply lawful possession. Communities are beneficiaries mainly where customary rights are accorded status as property rights, or where ownership of public lands and water are devolved to rural collectives. However, opposite trends of nationalization and regulation of water suggest that while legal recognition of community land ownership may rise in the future, this will not necessarily include waters on the land. Irrespective of tenure, rural communities in 72 of 77 countries (93.5 percent are legally assured access to water for domestic purposes. This is consistent with the rising definition of safe drinking water as a human right, although access does not necessarily come free of cost.

  7. Integrating environment into land-use planning through strategic environmental assessment in China: Towards legal frameworks and operational procedures

    International Nuclear Information System (INIS)

    Tao Tang; Tan Zhu; He Xu

    2007-01-01

    China currently put forwards 'striving to build an environmentally friendly society' as one of the most important development goals. The land administration authorities are facing the challenge of effectively incorporating environment considerations into their planning system. This paper aims to investigate why and how Strategic Environmental Assessment (SEA) is enacted as an effective tool to integrate the environment into land-use planning during the construction process of an environmentally friendly society in China, and identify factors that influence the integration. It presents characteristics of the land-use planning system, and reviews the progress and current state of SEA in China. Results show that SEA provides many benefits in promoting environmental considerations into the land-use planning process. The legal frameworks and operational procedures, in the context of land-use master planning SEA, are summarized and an assessment made of their effectiveness. Some barriers are highlighted through examination of the latest case studies, and several recommendations are presented to overcome these obstacles

  8. 24 CFR 1710.109 - Title to the property and land use.

    Science.gov (United States)

    2010-04-01

    ... under the authority of title IV of the Intergovernmental Cooperation Act of 1968.) ... title to property generally has the right to own, use and enjoy the property. A contract to buy a lot... affect your title.” “Here we will discuss the sales contract you will sign and the deed you will receive...

  9. Legal considerations for urban underground space development in Malaysia

    Directory of Open Access Journals (Sweden)

    F. Zaini

    2017-12-01

    Full Text Available In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965, was amended to add Part Five (A to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Keywords: Underground space, Legal consideration, Land right, Urban development

  10. A place of her own: women and land.

    Science.gov (United States)

    Ogana, W; Seaforth, W

    1995-12-01

    This article discusses the gender issue of access to land and property by women. Women experience constraints to owning, inheriting, and using land. Laws, customs, and economics are factors that interfere with women's access to land and property. Women are forming groups and pooling their savings in order to buy land, or start an income generation project. In Kenya, women's groups have names that reflect women's situations. Under customary law, women frequently are unable to own land except through husbands or other male relatives. Widows without sons or unmarried women are denied access. In some legal systems, women are treated as minors and cannot make business transactions without a male relative's consent. Even in countries where women have the right to land ownership and property, women have little chance for ownership due to high costs and women's lack of business practices or knowledge of their rights. In a subsistence economy, land offers a place to live and to grow food. Pressure on the land in subsistence economies erodes women's ability to maintain shelters and feed their families. Women pushed onto marginal lands must struggle for survival and face eviction. Town planners ignore people's need to grow food for survival. Groups fight eviction based on protection of human rights. Community land trusts remove land from speculation. Gaining title to land may be a complicated process. Land delivery systems need to be more efficient. New ways of obtaining credit not tied to land ownership are needed. Governments need to remove constraints to land for all, particularly the disadvantaged.

  11. METHODOLOGICAL BASIS IMPOSING RESTRICTIONS IN LAND USE, BURDENED LAND RIGHTS DURING LAND TENURE

    Directory of Open Access Journals (Sweden)

    Dorosh J.

    2016-05-01

    Full Text Available The question of balanced consolidation of social legislation in a reasonable ratio of land rights and the interests of society as a whole, as well as local communities, citizens and legal entities established by them are general in nature and require specificity it is. Proved that one way of solving this problem is the establishment of restoictions of land rights, restrictions in land use. However, the mechanism of regulation establishment, implementation and termination of restrictions on the rights to land are not very functional and needs improvement. Current legislation in Ukraine does not contain a balanced set of regulations that would determine the nature and objectives of the restrictions, including encumbrances of land rights, their types, the reasons establishing and implementing restrictions of ownership and other rights to land and so on. Based on our analysis, we provide scientifically grounded suggestions on improving the legal framework, particularly, in terms of restrictions on land use and registration in the land management process, as an important means of influence on those rights in order to ensure rational land use and protection it is. Proved that the efficiency of administrative decisions during setting restrictions on land use purpose and usage of land is possible on the basis of land zoning, thus, it is necessary to adopt the Law of Ukraine "On land zoning." In addition, the current classification of land use restrictions, which was proposed by prominent scientists in Ukraine AM Tretyak (classification of restrictions in land use by functional features, and D.S. Dobryak and D.I. Babmindra (classification of restrictions on land use based on their placement by owners and land users, is complemented by types, namely: legal, environmental, ecological, technological, sanitation, urban and special. In the result of scientific studies,we have proposed a model of methodological process of land management actions on formation

  12. Gender-Based Pay Disparities in Intercollegiate Coaching: The Legal Issues.

    Science.gov (United States)

    Gaal, John; Glazier, Michael S.; Evans, Thomas S.

    2002-01-01

    Explores the legal issues surrounding pay disparities between men and women in intercollegiate coaching, including how courts have treated disparate wage claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and Title IX, and the defenses used by institutions. Offers suggestions for defending claims and a detailed review of…

  13. 77 FR 57576 - Notice of Proposed Information Collection to OMB and Comment Request: Legal Instructions...

    Science.gov (United States)

    2012-09-18

    ... connection with the assignment, legal documents (e.g., mortgage, mortgage note, security agreement, title... Information Collection to OMB and Comment Request: Legal Instructions Concerning Applications for Full... mortgages to HUD. In connection with the assignment, legal documents (e.g., mortgage, mortgage note...

  14. What are the legal dimensions to climate change in the Torres Strait?

    International Nuclear Information System (INIS)

    Green, Donna

    2007-01-01

    Full text: Full text: Climate change projections suggest that the Torres Strait Islands are one of the most vulnerable regions in Australia. This is due, in part, because several of the islands are only a metre or two above local mean sea level. Social and economic disadvantage further reduces the capacity to adapt to rapid environmental change, and so this problem is compounded on many of the Islands which lack adequate infrastructure, health services and employment opportunities. Consequently, considering the biophysical impacts in the socio-economic context is highly significant in order to understand - and hopefully improve - these communities' resilience to climate change. Cultural issues, not normally considered by natural scientists working on identifying climate impacts in human settlements, add increasing complexity to comprehending the full impacts of climate change in this location. Many Islanders connect the health of their land and sea country to their mental and physical wellbeing and, more broadly, their cultural integrity. In the longer term, the very existence of Ailan Kastom (Island Custom) may be threatened if projected sea level rise in combination with extreme weather events increases the frequency and/or severity of inundation incidents and necessitates relocation from the Islands. One other significant concern that has not been given appropriate consideration relates to the legal status of land (and sea) ownership. Over the last 15 years, the Torres Strait Islanders have successfully fought to obtain native title rights. Some Islanders are now concerned that these rights may disappear due to the impacts of climate change. In order to explore these issues, this paper provides: 1. a background to the climate change projections and likely direct and indirect impacts on the islands; and 2. a discussion of the legal dimension of the potential for climate change to impact on the native title rights of Torres Strait Islanders. We use the Torres

  15. Women, children and advertising - legal and ethical aspects

    OpenAIRE

    Stejskalová, Radka

    2012-01-01

    The thesis titled "Women, children and advertising - legal and ethical aspects" deals with the portrayal of women and children in advertising. The aim of the thesis is to analyze advertising with a focus on the portrayal of women and children present to Arbitration Committee in the reporting period and propose recommendations for the future. The work also deals with the importance of legal and ethical rules that regulate advertising and focuses on content regulation of women and children.

  16. US State Submerged Lands

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — The Submerged Lands Act (43 U.S.C. Section 1301 et seq.) grants coastal states title to natural resources located within their coastal submerged lands and navigable...

  17. Decree No. 2.363 of 21 October 1987 abolishing the National Institute of Colonization and Agrarian Reform--INCRA, creating the Legal Institute of Rural Land--INTER, and other measures.

    Science.gov (United States)

    1989-01-01

    This Decree abolishes the Brazilian National Institute of Colonization and Agrarian Reform (INCRA) and creates a Legal Institute of Rural Land (INTER) linked to the Ministry of Agrarian Reform (MIRAD) to perform the activities of INCRA. MIRAD will henceforth be responsible for the rights, powers, and obligations of INCRA and will supervise INCRA's property and resources. In this capacity MIRAD will supervise, coordinate, and execute activities related to agrarian reform and agricultural policy. Among these activities are the promotion of social justice and productivity through 1) the just and adequate distribution of ownership of rural land, 2) limitation of the acquisition of rural property by foreigners, and 3) encouragement of the harmonious development of rural life. In developing such activities MIRAD is to make use of legal measures contained in land law, including those relating to the selection of public rural lands, the privatization of rural land through regularization of ownership, colonization, zoning, and taxation. It is also authorized to expropriate and distribute unexploited or improperly exploited land to worker families, with priority going to labor cooperatives. Further provisions establish rules on expropriation. Among these is the requirement that forests must be protected.

  18. Expropriation of real property

    OpenAIRE

    Havelka, Rostislav

    2011-01-01

    79 14. EXPROPRIATION OF OWNERSHIP TITLE TO LAND AND BUILDINGS This work is titled "Expropriation of ownership title to land and buildings". An expropriation is one of the special interference of the state to the property right. It not allows only to the deprivation of the ownership title but also the restriction thereof. In the Czech Republic there are legal bases of expropriation established in the Bill of Fundamental Rights and Freedoms, which is part of constitutional system. Based on the ...

  19. Zvláštnosti výslechu svědka - poškozeného

    OpenAIRE

    Píchová, Petra

    2009-01-01

    79 14. EXPROPRIATION OF OWNERSHIP TITLE TO LAND AND BUILDINGS This work is titled "Expropriation of ownership title to land and buildings". An expropriation is one of the special interference of the state to the property right. It not allows only to the deprivation of the ownership title but also the restriction thereof. In the Czech Republic there are legal bases of expropriation established in the Bill of Fundamental Rights and Freedoms, which is part of constitutional system. Based on the ...

  20. Pledge Of The Land Plot Under The Law Of Continental Europe Countries And The Republic Of Kazakhstan

    Directory of Open Access Journals (Sweden)

    Pavel A. Byshkov

    2014-12-01

    Full Text Available In the article the legal regulation and institutional features of mortgage of land in various European countries, that has developed legislation and transitional economies are researched. The processes of securing various types of these rights for land in modern law are analyzed. The order of occurrence, termination, as well as contents of this law is researched. Pledge (mortgage of land is by it’s nature is the inherently limited real right, regulated by laws of modern countries. This land title applies to the land owned by individuals and entities and can be set in relation to land, which is in different forms of ownership. Mortgages are usually registered without the transfer of this property into the possession of the creditor. The subject of mortgage, in addition to real estate, may be land rights, for example, usufruct. It should also be noted that variety of mortgage forms in different countries exists, what is primarily related to the development of law in these countries. Meanwhile, it should be emphasized that the holder of mortgage is given the authority to prevent decrease in the value of real estate. Record of pledge (mortgage of land is mandatorily placed into the special register in order to ensure its publicity.

  1. Liability of land transportation of fuels from the perspective of Brazilian legal system; Responsabilidade civil dos transportadores terrestres de combustiveis a luz do ordenamento juridico brasileiro

    Energy Technology Data Exchange (ETDEWEB)

    Azevedo, Gabrielle Trindade Moreira de; Soares, Pedro Lucas de Moura [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2010-01-15

    The article explains about the assumptions of liability - injury, illicit act and the causation between them - and the strands that give ground, namely the subjective and objective liability. Finally, we examine the legal framework on land transportation of fuels, applying to it device relating to civil liability, determining the ways to responsibility the transportation company, in each of the modality of land transportation, which are the road, railway and by using pipes.

  2. Forecasting transportation impacts upon land use

    Energy Technology Data Exchange (ETDEWEB)

    Wendt, P F [ed.

    1976-01-01

    Chapter titles include: introduction and overview; national and regional econometric models; growth and change in the Georgia regional economies; a Delphi approach to land use forecasting; land suitability and land use analysis; the interaction of transportation and land use; and, summary and conclusions. Lists of tables and figures are also included. (JGB)

  3. Credit Titles: a Relationship Between Legal Certainty and Justice in the Theories of Creation and Issuance

    Directory of Open Access Journals (Sweden)

    Wallace Fabrício Paiva Souza

    2015-12-01

    Full Text Available Securities play a key role in the market once they allow the credit circulate quickly and safely. It could be said that securitues have been the greatest contribution of business law for the formation of the modern economy. However, precisely because they permit a quick ad safe credit circulation, there may be some questions about the subject. When we analyze the theories about creation and issuance of the securities, it appears that under Brazilian law it is possible that a person who had a debt claim stolen be required to pay for it, for example. And in this context, a conflict may arise between legal certainty and certainty itself on one hand, and equity and justice on the other. The first ones answer the need of citizens to have organic structure and system drive so that the right to reduce the social reality in simple and formal schemes. The latter ones, in turn, respond to the need to seek the maximum possible match between the law and reality, so that the law is not immutable and insensitive. However, it is not always possible to reconcile them fully, requiring a balance between them in fact situation. Thus, important to examine this relationship in the context of theories of creation and issue, especially when a title circulates without the will of the applicant and he has to fulfill the obligation. Relevant to this analysis, because they are both legal certainty and certainty as justice and equity requirements of law. If there is no balance, we run the risk of harming the market and therefore the entire economy of a country or that there are decisions that generate a sense of injustice, being harmful to the credibility of the judiciary. At the end of the work, then, it is expected to justify the need for this balance, particularly the importance of debt securities and the consequences that generate in society. As a research method, the exploration was used, so that the object has been studied by collecting and doctrine study

  4. Aboriginal Determination: Native Title Claims and Barriers to Recognition

    Directory of Open Access Journals (Sweden)

    Zia Akhtar

    2011-09-01

    Full Text Available The Australian government has proposed a referendum in 2012 to decide the constitutional status of its indigenous people. There is at present no mechanism to define the indigenous people as a domestic or foreign entity of the Commonwealth. This is an important issue because other settler governments have developed a framework to implement their relationship with the native people. As a result, it is difficult prove title to land that has been abrogated by the deeds of the settlers. In Mabo v Queensland (2,the Commonwealth government was found to have breached its fiduciary duty to the Aboriginal peoples. The judgment led to the Native Title Act 1993 that established the process of asserting native rights that were held to coexist with pastoral ownership. The promulgation of the Native Title Amendment Act 1998 reversed this process and augmented the powers of non-native landlords by providing the device to extinguish native rights. In Western Australia v Ward, a mining lease was held to have precedence over native title that was adjudged to be part of a bundle of rights. In implementing the Native Title Act the issue turns on the determination of the ties to land/ sea that the government allows to the Aboriginal peoples. The judgment in Harrington-Smith on behalf of the Wongatha People v Western Australia indicates that title can be excluded on procedural grounds and that there was an incompatibility between the claims of the Aboriginal peoples and the settlers’ claims. The road map towards a more effective regime of proving title can be achieved if the Aboriginal peoples are granted recognition as a nation in the Constitution and a treaty is signed with them.

  5. Legal problems of energy supply within the European Communities

    International Nuclear Information System (INIS)

    Tettinger, P.J.

    1993-01-01

    The report contains two articles; the first one is titled: The Directives on Transit of Gas and Electricity - Considerations regarding the juridical limits of the realisation of the Internal Market in the Energy Sector. It has basic considerations regarding the competences of the EC-legal nature of primary and secondary Community law; it analyzes the network of competences, the legality of the Commission's Proposals concerning the Internal Energy Market and further on the possibilities of legal recourse for enterprises in the Federal Republic of Germany in case the proposal directives are adopted. The second article deals with legal problems of energy supply within the EC-especially under the aspect of British coal mining. It incluses considerations regarding a proposed European Energy Charter, recent developments in EC-law regarding electricity and natural gas, third country imports: dumping, and privatisation. (HSCH)

  6. Fit-For-Purpose Land Administration

    DEFF Research Database (Denmark)

    Enemark, Stig

    2015-01-01

    The term “Fit-For-Purpose Land Administration” indicates that the approach used for building land administration systems in less developed countries should be flexible and focused on serving the purpose of the systems (such as providing security of tenure and control of land use) rather than...... focusing on top-end technical solutions and high accuracy surveys. Of course, such flexibility allows for land administration systems to be incrementally improved over time. This paper unfolds the Fit-For-Purpose concept by analyzing the three core components: The spatial framework (large scale land parcel...... mapping) should be provided using affordable modern technologies such aerial imageries rather than field surveys. The legal framework must support both legal and social tenure, and the regulations must be designed along administrative rather than judicial lines. The fit-for-purpose approach must...

  7. 36 CFR 254.15 - Title standards.

    Science.gov (United States)

    2010-07-01

    ...) Conveyances of lands from the United States are made by patent, quitclaim deed, or deed and without express or implied warranties, except as to hazardous substances pursuant to § 254.3 of this subpart. (c) Title... of the existing use(s) authorized under the terms of the grant, permit, easement, or lease. The non...

  8. Legal issues with wind farm stakeholders

    International Nuclear Information System (INIS)

    Atcheson, A.

    2006-01-01

    Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling

  9. Legal issues with wind farm stakeholders

    Energy Technology Data Exchange (ETDEWEB)

    Atcheson, A. [Stikeman Elliott LLP, Toronto, ON (Canada)

    2006-07-01

    Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling

  10. Interpreting land records

    CERN Document Server

    Wilson, Donald A

    2014-01-01

    Base retracement on solid research and historically accurate interpretation Interpreting Land Records is the industry's most complete guide to researching and understanding the historical records germane to land surveying. Coverage includes boundary retracement and the primary considerations during new boundary establishment, as well as an introduction to historical records and guidance on effective research and interpretation. This new edition includes a new chapter titled "Researching Land Records," and advice on overcoming common research problems and insight into alternative resources wh

  11. Changing the countryside by land consolidation

    NARCIS (Netherlands)

    Benthem, Roelof Jan

    Land consolidation is a system of technical and legal measures for the improvement of farming conditions and land productivity. In western and central Europe, the execution of these land consolidation schemes causes great changes in the appearance of the countryside: existing landscape elements such

  12. Documents of title in carriage of goods by sea under English law : Legal nature and possible future directions

    Directory of Open Access Journals (Sweden)

    Časlav Pejović

    2004-08-01

    Full Text Available Transport documents in carriage of goods by sea may serve as evidence not only of the contract of carriage, but also of the receipt of goods. Some transport documents have also the status of docuntents of title, which means that they are able to represent the goods and entitle their holders to demand delivery from the carrier. This function of tronsport documents plays an important role in overseas sales, enabling the seller to sell the goods in transit while the physical delivery is not yet possible. Transport documents acting as documents of title also represent an essential element of letters of credit. The law has defined the characteristics and functions of transport docuntents, and hence which documents can qualfy as documents of title. In principle, a document can be recognized as docuntent of title onty by statute or by general custom. Presently, under English law, among transport docuntents only bills of lading are recognized as documents of title. Other transport documents presently used in sea carriage are of modern invention and no custom of merchants relating to them has been established. The purpose of this paper is to examine first the notion of a document of title; secondly, the rights which are transferred by the transfer of the bill of lading, as the only transport document with undisputed status as docuntent of title; and thirdly, to investigate the prospect that under English law, in addition to bills of lading, other transport docunments can be recognized as documents of title.

  13. The current state of taxation and regulation of land plot size of industrial areas in Ukraine

    Directory of Open Access Journals (Sweden)

    М.А. Malashevskyy

    2016-04-01

    Full Text Available An analysis of the domestic legal and regulatory framework for land taxation has been performed. The ratio of industry land within the land resources of Ukraine has been investigated. The legal basis for determination of land plot areas necessary for implementation of industrial activities has been considered. The legal regime of industry land has been investigated. The conclusion of the need for improvement of methods for determining excess areas for taxation purposes has been made and optimization of land use in populated areas.

  14. Land Disputes Unearth Shaky Legal Foundation: Will Liberias Land Reform Provide Stability

    Science.gov (United States)

    2014-04-01

    United States by the Indian Reorganization Act of 1934 in communities that never contemplated formal tribal organization before, and as such, remains...example is the case of a Malaysian company, Sime Darby, and the Vai people of Grand Cape Mount. The people of Grand Cape Mount first suffered when BF...community land continues to occur in contemporary Liberia, and has resulted in years of litigation. One example involves community land owned by Chief Bah

  15. THE METHODOLOGY USED TO INTERPRET CUSTOMARY LAND TENURE

    Directory of Open Access Journals (Sweden)

    Gerrit Pienaar

    2012-09-01

    Full Text Available Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure.Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada and indigenous land tenure (in South Africa. The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the

  16. The Community Land Act in Kenya Opportunities and Challenges for Communities

    Directory of Open Access Journals (Sweden)

    Liz Alden Wily

    2018-01-01

    Full Text Available Kenya is the most recent African state to acknowledge customary tenure as producing lawful property rights, not merely rights of occupation and use on government or public lands. This paper researches this new legal environment. This promises land security for 6 to 10 million Kenyans, most of who are members of pastoral or other poorer rural communities. Analysis is prefaced with substantial background on legal trends continentally, but the focus is on Kenya’s Community Land Act, 2016, as the framework through which customary holdings are to be identified and registered. A main conclusion is that while Kenya’s law is positive and even cutting-edge in respects, legal loopholes place communities at risk of their lands not being as secure as promised ahead of formalization, and at risk of losing some of their most valuable lands during the formalization process. This is mainly due to overlapping claims by the national and local government authorities. Political will to apply the law is also weak. The truism that the law is never enough on its own to secure social change is illustrated. With or without legal protection, the assistance of non-state actors will be needed to help communities secure their lands under formal collective entitlements. The need for judicial interpretation of disputed legal provisions may also be required to ensure new constitutional principles are delivered.

  17. Kewajiban Pemegang Hak Milik Atas Tanah Untuk Melestarikan Bangunan Hotel Tugu Sebagai Bangunan Cagar Budaya Peringkat Nasional

    OpenAIRE

    Sinaga, Rumondang Br

    2017-01-01

    The title of this legal writing is about Owner of Land Right To Preserve Construction of Tugu Hotel Becoming National Heritage Building Sense. This research is intended to find out whether the land rights owner has fulfilled his obligation to preserve Tugu Hotel which is designated as National Heritage Sanctuary Building by Ministerial Decree Number. 013/M/2014. This legal writing using normative method is by interviewing National Land Agency States, their say can not have give preserve to Tu...

  18. Solar energy legal bibliography. Final report. [160 references

    Energy Technology Data Exchange (ETDEWEB)

    Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.

    1979-03-01

    The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.

  19. Urban land rights and child nutritional status in Peru, 2004.

    Science.gov (United States)

    Vogl, Tom S

    2007-07-01

    Advocates of land-titling programs in developing countries posit that these programs lead to a multitude of benefits, including health improvements. This paper presents the results of a child health survey of several Lima communities after various time exposures to Peru's urban land-titling program. The results provide suggestive evidence that improved property rights increase children's weight but not their height, which is consistent with previous work on the topic. However, titles also appear to raise children's risk of being overweight or obese, implying that the observed weight gain is not necessarily an improvement in nutritional status.

  20. Bargaining for Equality. A Guide to Legal and Collective Bargaining Solutions for Workplace Problems that Particularly Affect Women.

    Science.gov (United States)

    Popkin, Mary; Ross, Diane

    This is a guide to legal and collective bargaining solutions for workplace problems that particularly affect women. The first section of the guide presents a survey of legal remedies for discrimination including information on: (1) Title VII; (2) Equal Pay Act; (3) Executive Order 11246; (4) Age Discrimination in Employment Act; and (5) State Fair…

  1. FORMS OF DEVELOPMENT AND LAND TENURE AS IMPROVEMENT TOOLS OF land use planning IN UKRAINE

    Directory of Open Access Journals (Sweden)

    Tretyak A.M.

    2016-05-01

    Full Text Available Transformations which take place now in the the economy of Ukraine, and in particular in agriculture considerably exacerbated organizational and legal problems and organizational and territorial forms of local agricultural enterprises, protection of land ownership rights. Transformation of land relations violated the the traditional forms of organization of agricultural production, reduced the efficiency of capital investmenst in improvement of using and protection of land. Therefore, to improve the efficiency of agricultural land use in conditions of formation of market economy, general urgent of time is an in-depth analysis of the types and forms of land use which have found their consolidation at the legislative level. Land management is carried out throughout the country. It enveloped lands irrespective of unequivocal purpose, ownership and the character of using. But goals and objectives of land management, it’s content may be different. An important feature of land management are and it’s types. The current Land Code of Ukraineas the the Law of Ukraine "On Land Management" don’t contain legislative provisions on division of land management for certain types. Meanwhile, it should be noted, that normative and legal acts on land management of the Soviet period (Fundamentals of land legislation of the USSR and the United Republics 1968. Land codes 1978., 1990, 1992 there are two separate types of it - intereconomic (Modern terminology of A.M. Tretyak - territorial and internaleconomic. Modern practice of the actions in the field of land management as evidenced by about the existence of another and a third type of land management – separational. Each of them is characterized by a specific purpose, carried out at different levels. It would therefore be appropriate, hat separate species of land management und their consolidation and in legislation level. Given that the process of implementation of land management for the object of land

  2. Protected area effectiveness against land development in Spain.

    Science.gov (United States)

    Rodríguez-Rodríguez, David; Martínez-Vega, Javier

    2018-06-01

    Land use-land cover (LULC) changes towards artificial covers are one of the main global threats to biodiversity conservation. In this comprehensive study, we tested a number of methodological and research hypotheses, and a new covariate control technique in order to address common protected area (PA) assessment issues and accurately assess whether different PA networks have had an effect at preventing development of artificial LULCs in Spain, a highly biodiverse country that has experienced massive socioeconomic transformations in the past two decades. We used digital census data for four PA networks designated between 1990 and 2000: Nature Reserves (NRs), Nature Parks (NPs), Sites of Community Importance (SCIs) and Special Protection Areas (SPAs). We analysed the effect of explanatory variables on the ecological effectiveness of protected polygons (PPs): Legislation stringency, cummulative legal designations, management, size, age and bio-physical characteristics. A multiple Before-After-Control-Impact (BACI) semi-experimental research design was used whereby artificial land cover increase (ALCI) and proportional artificial land cover increase (PALCI) results were compared inside and outside PAs, using 1 km and 5 km buffer areas surrounding PAs as controls. LULC data were retrieved from Corine Land Cover (CLC) 1990 and 2006 data. Results from three spatial-statistical models using progressively restrictive criteria to select control areas increasingly more accurate and similar to the assessed PPs were compared. PAs were a generally effective territorial policy to prevent land development in Spain. NRs were the most effective PA category, with no new artificial land covers in the assessed period, although exact causality could not be attributed due to legal overlaps. SPAs were the least effective category, with worse ALCI data than their control areas. Legal protection was effective against land development, which was influenced by most bio-physical variables

  3. Parcels and Land Ownership, Parcel boundaries for Johnson County Kansas based off of legal description. Used to show spatial reference to parcel boundaries of Johnson County Kansas., Published in 2007, Johnson County Government.

    Data.gov (United States)

    NSGIC Local Govt | GIS Inventory — Parcels and Land Ownership dataset current as of 2007. Parcel boundaries for Johnson County Kansas based off of legal description. Used to show spatial reference to...

  4. Development of methodological approaches to the accounting of ownership of land assets in Ukraine

    Directory of Open Access Journals (Sweden)

    T.P. Ostapchuk

    2015-09-01

    Full Text Available Accounting and legal display of land resources is very important in modern society as the land assets are of great value both for the state as a whole and for each landowner and land user. That’s why they must have a proper legal framework and a quite informative method of accounting. In practice the subjects of land relations have many questions and certain inconsistencies in existing legal documents. In addition, there is a mismatch of the current regulatory framework to the rules of accounting. Today, accounting law has no documents that would specifically be related to land resources, as the objects of accounting, and the rights to them. The article specifies the list of objects of accounting associated with the full ownership on land and other property rights on them. The author improves the methodical approaches to accounting display operations with land assets depending on the power of land owner, based on existing regulations and take into account the experience of other countries.

  5. Ghana - Land Tenure Facilitation Impact Evaluation

    Data.gov (United States)

    Millennium Challenge Corporation — The MCC-supported Land Title Facilitation Activity (LTF) in Ghana was designed to increase investment and productivity by strengthening property rights. In Ghana,...

  6. Women's Land Rights and Sustainable Development

    OpenAIRE

    Mehra, Rekha

    1997-01-01

    Unequal and insecure access to land undermind women's farm productivity, limit employment options, depress their earnings, and degrade the environment. Factors limiting women's access to land include legal discrimination, land scarcity, inappropriate government policies, and lack of political power and social status. Policies to promote sustainalbe development rather than focusing on family planning, as is commonly done, should directly support women's economic activities. Especially needed o...

  7. Land Right Registration and Property Development for Poverty Eradication and Slum Clearance in Nigeria

    Directory of Open Access Journals (Sweden)

    Olusegun Olaopin Olanrele

    2014-12-01

    Full Text Available The focus of this paper is to unfold the implication of non-registration of land rights on the achievement of the poverty eradication and slum clearance targets of the United Nation's Millennium development goals in Nigeria. The paper is based on empirical survey of land holding in the outskirts of Ibadan city and the rural areas in Oyo State, of Nigeria. A case study research method was adopted and data were collected with the use of questionnaire survey and secondary data was also extracted from the state land registry office in respect of total cost of documentation of subsequent transaction on titled/registered land. The study found that ignorance and government insensitivity in addition to high cost and delay are among major constraints to land titling. Only a few opportune people can afford the land right formalization process and they do so when it becomes necessary. These unequivocally militate against the achievement of the poverty and slum eradication goals of the UN. The paper suggested simplification of the titling procedure, cost reduction, computerization and public enlightenment on the benefits of registered land right to facilitate efficient land right registration towards adequate housing for the citizenry.

  8. Land & Development in Latin America: Issues and Openings for ...

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

    ... openings and constraints with regard to such policies at the local, national, and international levels? ... land policy initiatives in areas like titling, credit, taxation, and sustainable land use; and ... ROSSA's latest bulletin puts a focus on women.

  9. Native title claim puts Roxby in fluid situation

    International Nuclear Information System (INIS)

    Hine, M.

    1993-01-01

    Aboriginal land rights and water supply have long been issues raised in relation to the Olympic Dam Mine at Roxby Downs. Now a native title claim has revealed the vulnerability of the water supply. The author reports that the mine's owner, Western Mining Corporation, has to confront issues it has inflamed by favouring one interest group claiming to represent Aboriginal interests 8 refs

  10. Women and Land

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

    Women in many African countries have a legal right to own land, but ... And so, Banda says, “we've come to see that changing the law and the ... Because the people in charge ... women's insecure tenure, despite gender-neutral statutory laws.

  11. State Conservation Lands; StaCons11

    Data.gov (United States)

    University of Rhode Island Geospatial Extension Program — Approximate edges of Conservation Lands protected by the State of Rhode Island through Fee Title Ownership, Conservation Easement, or Deed Restriction. Includes:...

  12. MODERN LAND MANAGEMENT UKRAINE: CONCEPT, ESSENCE, TRENDS

    Directory of Open Access Journals (Sweden)

    Tretiak Anton

    2016-08-01

    Full Text Available Modern transformations prevailing inUkrainein the sphere of land relations and the use and protection of land are critical and require changes without final rozrushennya existing system of land management, the reform and a new understanding of the nature and forms of modern land management. Given that land management is a fundamental mechanism for land management and land use, in our opinion its reform and development should be seen in close relationship with the development of management system. Problems in the theory of management of land resources, especially its main land managers in different socio-economic communities is extremely important because the efficiency of its operation is not the most important in the economic relations of land ownership. However, for more than 25 years the implementation of land reform inUkrainegovernment has not decided as of model management and land management systems. Functioning system of land management and land use inUkraineon a "top - down" is derived from the authoritarian system of the state, theSoviet Unionand there is not a market. Similarly unchanged system of land management, which is why the task was made research its current state for further scientific studies integrated management system. It is studied modern land management in Ukraine and proved the concept and essence of contemporary land in Ukraine as a multifunctional system, which requires besides the concepts of "social land management", "economy of land", "legal land management", "technical land management", such as "environmental land management", " innovation in land management", "cadastral land management", "ecological and economic land management". A new concept of land as the overall socio-economic, environmental measures and organizational, legal and technical actions aimed at regulating land relations and rational organization of the territory of the administrative-territorial entities, entities committed under the influence of

  13. 24 CFR 107.25 - Provisions in legal instruments.

    Science.gov (United States)

    2010-04-01

    ... Provisions in legal instruments. (a) The following documents shall contain provisions or statements requiring...) Approvals of financial institutions and other lenders as approved FHA mortgagees, (5) Requests for subdivision reports under home mortgage procedures and for preapplication analysis of multifamily and land...

  14. The duty to consult and legal obligations

    Energy Technology Data Exchange (ETDEWEB)

    Carpenter, A.W. [Lawson Lundell Lawson and MacIntosh, Calgary, AB (Canada)

    2002-07-01

    Aboriginal law in Canada has been evolving and industry is beginning to engage in the change. This presentation describes the legal aspects regarding Aboriginal rights and the duty to consult First Nations regarding treaty rights. The implications for First Nations and industry are described. Aboriginal peoples of Canada include the Indian, Inuit and Metis populations. Aboriginal titles exist, therefore they are constitutionally protected. The paper describes recent decisions regarding the Mikisew Cree First Nation versus Canada, the Taku River Tlinget versus Ringstad, and the Haida Nation versus British Columbia and Weyerhaeuser.

  15. Parcels and Land Ownership, Parcels derived from legal descriptions and surveys. Tied to section monuments with coordinates derived from traditional survey and GPS., Published in 2013, 1:1200 (1in=100ft) scale, Portage County Government.

    Data.gov (United States)

    NSGIC Local Govt | GIS Inventory — Parcels and Land Ownership dataset current as of 2013. Parcels derived from legal descriptions and surveys. Tied to section monuments with coordinates derived from...

  16. Structuring oil and gas joint venture agreements on First Nations lands (south of the 60. parallel)

    International Nuclear Information System (INIS)

    Rae, LD.

    1998-01-01

    The advantages that arise from the unique legal regimes that apply to oil and gas exploration and production on First Nations lands were discussed. A significant portion of Canada's Aboriginal communities are located close to areas that will experience intense oil and gas exploration activities in the coming years. In southern Canada, there are 57 First Nations that have oil and gas exploration and/or production on their lands. A total of 179 oil and gas companies have interests on these lands. By law, First Nations do not have the right to develop and exploit the oil and gas resources on their reserve lands if this requires disposition of any portion of these lands to third parties. As a result, they must rely on the Crown's trust and fiduciary obligations to them to administer these resources. As the law now stands, Indian Oil and Gas Canada (IOGC) is obligated to consult with the First Nation community, but it is not obligated to necessarily act in accordance with the community's wishes. As can be expected, under these circumstances the opportunities for stalemates are significant. The difficulties experienced by industry on dealing with the IOGC are described, and alternatives to the current situation are proposed. Suggestions are also offered as to how title uncertainties may be overcome and how First Nations may achieve healthy economic growth right now, even prior to achieving self-government

  17. “Abstractive description” of land registration system based on the theory of “public confidence”

    Directory of Open Access Journals (Sweden)

    Nasrini Tabatabai Hesari

    2014-10-01

    Full Text Available the system of land registration is protective formalism that is formed based on the theory of “public confidence”. This theory presumes that what reflected by the land registration offices is based on the legal fact. This theory, which provides legal stability and security in transactions, is manifested in three guiding principles including “mirror principle”, “curtain principle” and “insurance principle”, and offers an “abstractive description” to a land registration system. This character has different effects on diverse legal systems and can be studied for both positive and negative systems.

  18. Mine and land ownership in operation planning procedures. On the framing of issues of conflicting civil rights under administrative law

    International Nuclear Information System (INIS)

    Schmidt-Assmann, E.; Schoch, F.

    1994-01-01

    On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH) [de

  19. Using measures of wellbeing for impact evaluation: Proof of concept developed with an Indigenous community undertaking land management programs in northern Australia.

    Science.gov (United States)

    Larson, Silva; Stoeckl, Natalie; Jarvis, Diane; Addison, Jane; Prior, Sharon; Esparon, Michelle

    2018-05-05

    Combining insights from literature on the Theory of Change, Impact Evaluation, and Wellbeing, we develop a novel approach to assessing impacts. Intended beneficiaries identify and rate factors that are important to their wellbeing, their satisfaction with those factors now, and before an intervention. Qualitative responses to questions about perceived changes and causes of change are linked to quantitative data to draw inferences about the existence and/or importance of impact(s). We use data from 67 Ewamian people, in a case study relating to Indigenous land management, to provide proof of concept. 'Knowing that country is being looked after' and 'Having legal right/access to the country' were identified as important to wellbeing, with perceptions that Native Title determination, declared Indigenous Protected Area and associated land management programs have had a significant and positive impact on them. Further method testing might determine the utility of this approach in a wide range of settings.

  20. Sustainability of Land Groups in Papua New Guinea

    Directory of Open Access Journals (Sweden)

    Lepani Karigawa

    2016-05-01

    Full Text Available This paper consists of a review of existing literature relating to Incorporated Land Groups in Papua New Guinea (PNG, followed by a case study of two urban incorporated land groups (ILGs in the city of Lae. The paper is an attempt at assessing the sustainability of ILGs in the country. The challenges facing the ILGs have heightened public fears that the land groups may not be sustainable. Based on the argument in previous studies that the ILGs are not sustainable, the paper used primary data from two separate questionnaire surveys of randomly selected ILG landowners (including legal settlers and ILG stakeholders to investigate the problem. The combined sample size of 129 respondents (32.7% was representative of the total ILG population, while a total of 25 indicators were used to test the respondents’ perceptions regarding ILG sustainability. Findings reveal that only one of the indicators received the positive support of the stakeholders, while no indicator was supported by the landowners. This suggests that the ILGs in PNG are not sustainable legal entities. This dilemma is a consequence of the challenges facing the ILGs, including the issues of corruption in the Lands Department, illiteracy among landowners, poor publicity given to ILGs’ functions, and the dysfunctional ILG legal framework.

  1. TRENDS OF LAND SYSTEM IN UKRAINE

    Directory of Open Access Journals (Sweden)

    A. Tretiak

    2017-02-01

    Full Text Available The organization of land use in different countries is characterized by a variety of land system types, those proved their effectiveness in certain countries, but not are necessarily as effective in others. The objective factors that led to the emergence of various models of the land system, include socio-economic, historical, ethnic, cultural, natural and other features of different countries and peoples that inhabit them. During 1991-2016 years,Ukraineestablished basics of a new land order and the respective land relations and the system of market-oriented land use, especially in agriculture. It is characterized by: a new legal and regulatory framework, different types of ownership of land and other natural resources, a multi-structure and paid land use, providing public with land parcels, initiated the establishment of a market-oriented system of state land cadastre, including registration of land parcels and rights to them. So, modern land transformations in Ukraine, which laid the basics of a new land order, requires the development of new approaches to land use management at different hierarchical levels of general land planning throughout the country. It caused by many reasons. Primarily: setting the state boundaries and bounds of administrative units; development of different types of land ownership; increased numbers of new landowning and land tenure of citizens, enterprises, institutions and associations up to more than 23 million; need for separation of state and municipal property for land; establishment of payment for land use; specification of legal and functional status of land and of various restrictions, encumbrances and easements to each individual land parcel. It is hard to overemphasize the importance of work on land-use planning at different hierarchical levels and general land management in modern conditions. Particularly acute need of land planning in urban and agricultural land use sectors of the country. Thus, the

  2. Safety and Equality at Odds: OSHA and Title VII Clash over Health Hazards in the Workplace.

    Science.gov (United States)

    Crowell, Donald R.; Copus, David A.

    1978-01-01

    Discusses the legal problems presented by job health hazards which have a different effect on men and women. Where methods of eliminating or minimizing exposure, as required by the Occupational Safety and Health Act, affect only one sex, the provisions of Title VII of the Civil Rights Act may be violated. (MF)

  3. Building Fit-For-Purpose Land Administration Systems

    DEFF Research Database (Denmark)

    Lemmen, Christiaan; Enemark, Stig; McLaren, Robin

    2016-01-01

    New solutions in land administration are required that can deliver security of tenure for all, are affordable and can be quickly developed and incrementally improved over time. The Fit-For-Purpose (FFP) approach to land administration has emerged to meet these simple, but challenging requirements...... administration following the FFP principles for building the spatial framework. The Social Tenure Domain Model (STDM) is recommended.  ‘Review (Conversion)’ means assessing the evidence of rights and any possible out-standing claims and when conditions are met, the security of the rights will be increased...... of formality, legality and technical accuracy. Such flexibility also relates to the recordation that should be organised at various levels rather than through one central register. The land administration system can then be upgraded and incrementally improved over time in response to social and legal needs...

  4. Private lands and outdoor recreation in the United States

    Science.gov (United States)

    R. Jeff Teasley; John C. Bergstrom; H. Ken Cordell; Stanley J. Zarnoch; Paul Gentle

    1999-01-01

    Outdoor recreation on private land is influenced by myriad factors. To provide background and context on these factors, this chapter first overviews the private land situation in the United States and provides general information and discussion related to ownership and tenure, land-use patterns, legal restrictions, and economic conditions, including taxation issues....

  5. 78 FR 32214 - Land Acquisitions: Appeals of Land Acquisition Decisions

    Science.gov (United States)

    2013-05-29

    ...; 134D0102DR-DS5A300000-DR.5A311.IA000113; Docket ID: BIA-2013-0005] RIN 1076-AF15 Land Acquisitions: Appeals... trust under this part, including broadening notice of any right to file an administrative appeal. DATES... the United States acquired title. See, e.g., Neighbors for Rational Dev., Inc. v. Norton, 379 F.3d 956...

  6. 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

  7. Study of Effective Land Registration Usage in State-Subsidised ...

    African Journals Online (AJOL)

    Project II is the third case study to be reported on land tenure administration in state-subsidised housing projects the Western Cape which indicate that registration is effective in administering ownership. Internationally, many land titling programmes have not produced the benefits envisaged. In a number of South African ...

  8. Pathways to Accountability in the Global Land Rush: Lessons from ...

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

    Research suggests that media reports have over-estimated the scale of land ... land acquisitions (LSLAs) are also associated with negative impacts on local ... each country's pilot sites, researchers will test legal and social accountability tools.

  9. Pathways to Accountability in the Global Land Rush: Lessons from ...

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

    Research suggests that media reports have over-estimated the scale of land ... for agricultural development, large-scale land acquisitions (LSLAs) are also ... In each country's pilot sites, researchers will test legal and social accountability tools.

  10. APPLICATOIN OF THE PRINCIPLE OF TRUST IN THE LAND REGISTRY IN THE CONTEXT OF THE DISPOSITION OF MARITAL ASSETS

    Directory of Open Access Journals (Sweden)

    Hamid Mutapčić

    2017-04-01

    Full Text Available By entering into effect of the new Entity laws on the land registry, a new definition of the principle of trust is introduced, a definition that aims at the protection of the rights that have been acquired on the basis of incorrect or incomplete land registry status. However, the question arises of whether the third conscientious person will have any protection regarding the acquisition of property rights on real estate that is a part of marital assets, when such real estate is recorded in the land registry only belonging to one marital partner. In the legal theory and jurisprudence the issue of validity of the legal relation regarding the sale and the burdening of such real estate by the registered right holder has been raised. Bearing in mind the fact that in our legal system the principle of causal tradition is applied, coming to the correct position on this legal issue is very significant. Further scientific research in this area is of particular importance due to the ongoing process of the reform of land registry law, whose purpose is the reaffirmation of the land registry and the creation of legal presumptions for a faster and simpler legal disposition of real estate.

  11. “Fair” community benefits and equitable land governance | IDRC ...

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

    “Fair” community benefits and equitable land governance ... In several regions, women are resisting displacement and making claims to land through ... Cambridge, UK, in collaboration with the Community Legal Education Center, Cambodia; ... Birth registration is the basis for advancing gender equality and children's rights.

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

    International Nuclear Information System (INIS)

    Steinberg, R.

    1990-01-01

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

  13. Accounting and methodical approaches to display law permanent and temprorary use of land assets

    Directory of Open Access Journals (Sweden)

    T.P. Ostapchuk

    2015-12-01

    Full Text Available The uniqueness of the land resources as an economic category determines the specific construction of the system of accounting which involves the accumulation, systematization, processing and analysis of economic information on quantitative, qualitative, money indicators and legal information about these objects. A large number of lands used by many entities on the rights of permanent or temporary use. Taking into account the need to use temporarily borrowed land resources by business entities, there is a need to develop general methods of displaying operations with limited real rights on accounts of both the land owners and their users. The article researches the question of theoretical and methodical aspects of accounting displaying permanent and temporary rights to use land assets in Ukraine. It examines the issue of economic and legal nature of these rights, the peculiarities of legal regulation of transactions with them. The paper deals with the procedure of their receiving and its impact on the accounting software. The author analyzes the existing approaches of other authors and proposes her own position.

  14. LAND REFORM IN UKRAINE: HISTORIOGRAPHICAL ANALYSIS

    Directory of Open Access Journals (Sweden)

    Barantsov B.

    2016-05-01

    Full Text Available Modern land reform, that continues in Ukraine since the beginning of the 90-th of ХХ century, is a logical result of the functioning of society and the state.. It’s prerequisites becames, especially full monopolization of state on ownership of land; absence of payment for land as one of the means of ensuring the rational use of lands; absence on workers motivation for intensive work on the land, etc.. These and other preconditions contributed to soil degradation, production of agricultural products with exceeding of maximum allowable concentrations of pollutants, development of diseases, undermine the gene pool of nature and man. Mentioned reasons determined the goal and objectives of modern land reform, which were originally set out in the preamble to the Resolution of the Verkhovna Rada of Ukraine from December 18, 1990 «On Land Reform» with following changes and additions, and in the implementation of the land-reformation measures gained more complete content. Conducted analysis shows that land reform in Ukraine leads to a change of ownership of land, contributes to solving problems of citizens by land plots, enactment of payment for land usecreation of conditions for the development of land market. Thus changing land relations, is formed legal and regulatory framework of land reform and land market. However, positive developments in the implementation of land reform to end of the 90-th years have not led to a radical and effective upgrade of agricultural production, recovery of investment processes in other branches of industry, improving of welfare of the population. Land reform measures didn’t receive adequate financial support. The ultimate goal - an economically-effective and environmentally safe use of land in Ukraine - has not been achieved. Further reforming of land relations contributed to the adoption in October 2001 of the Land Code of Ukraine in the new edition that created the legal principles of land reform. Since it

  15. The ways to improve state regulation of land turnover which are in a government and municipal property in Ukraine

    Directory of Open Access Journals (Sweden)

    S. A. Serdyuk

    2016-09-01

    Full Text Available After comprehensive scientific exploration the ways of improvement of state regulation of land turnover which are in a government and state municipal property in Ukraine have been identified. Also it was proposed and justified the conceptual bases of strategy in development of state regulation. As a result of scientific exploration the directions of improvement of organizational mechanism have been formed also and wich a viev to improve legal mechanism of state regulation of land turnover it was suggested the modern approach of it. The main problem that constrains mechanical development of state regulation is non-compliance with legal principles, corruption and low motivation of officials. Approach to improvement is necessity of strategic development by the way of compliance law principles, realization of identified steps in development, using the practice of international regulation in land turnover. Strategic goals are in improvement of procedure of land turnover in public property by the way of advance mechanisms of state regulation; in a finding of effective approaches to improvement components of the legal mechanism; to produce and to offer propositions about development of components legal mechanism; to create clear and understandable procedure of land turnover for all participants in relationships in accordance with European legal traditions etc.Scenario of development that was elected is strategic and directed to solve the problems, perfection of economic, organizational and legal mechanisms of land turnover and also system development. But there are some risks that can interfere realization of strategic priorities. They are in outside threat, political instability, the economic downturn and corruption. We have chosen the next evaluation criteria: the level of investment attractiveness; the level of perception corruption in the society; the level of rating and satisfying quality of in land turnover process by the market participants with

  16. Comparing the characteristics of highly cited titles and highly alted titles

    Energy Technology Data Exchange (ETDEWEB)

    Didegah, F.; Bowman, T.D.; Bowman, S.; Hartley, J.

    2016-07-01

    This study examines differences in the types of titles for articles that show high altmetric activity (highly alted articles) versus highly cited articles. This work expands on previous research on document titles in combination with a grounded theory approach to develop a codebook in which articles were manually coded based on 11 characteristics. The results show that there are differences and similarities in titles across many of the examined characteristics; highly cited titles and highly mentioned titles on Wikipedia have some similar characteristics such as they have the the highest percentage of substantive words; in addition, there are no or very few titles referencing outside or with humor/lightness on both platforms. Twitter and Facebook also showed some similarities having the highest percentage of humorous/light titles and lowest percentage of substantive words in their titles. (Author)

  17. Delta Vegetation and Land Use [ds292

    Data.gov (United States)

    California Natural Resource Agency — Vegetation and land use are mapped for the approximately 725,000 acres constituting the Legal Delta portion of the Sacramento and San Joaquin River Delta area....

  18. Legal Framework for the Regulation of Waste in Nigeria

    African Journals Online (AJOL)

    FIRST LADY

    measures must be nationally and internationally taken to control disposal of such waste to ... legal framework for solving such environmental problems as well as the .... The Federal system under the 1979 constitution expressly or impliedly set out .... and in addition the forfeiture of any aircraft, vehicle or land connected with.

  19. Fit-For-Purpose Land Administration

    DEFF Research Database (Denmark)

    Enemark, Stig; McLaren, Robin

    2017-01-01

    This paper looks at implementing Fit-For-Purpose land administration solutions at county level. This will require a country specific strategy drawing from the recent GLTN publication on “Fit-For-Purpose Land Administration – Guiding Principles for Country Implementation”. The Fit...... administration; 4) Designing the country specific FFP spatial / legal / institutional frameworks; 5) Capacity development; 6) Country specific instruction manuals; and 7) Economic benefits analysis. Finally, the paper presents some experiences and reflections from a case study on implementing the FFP approach...

  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. 'Land to the foreigners' : economic, legal, and socio-cultural aspects of new land acquisition schemes in Ethiopia

    NARCIS (Netherlands)

    Abbink, J.

    2011-01-01

    The Ethiopian government is an active partner in the general trend in Africa to hand out large tracts of land to foreign companies and governments for commercial farming, which is defined as investment for national development. By 2009, there were 406 foreign large-scale land acquisition (LSLA)

  2. Legal framework for a sustainable biomass production for bioenergy on Marginal Lands

    Science.gov (United States)

    Baumgarten, Wibke; Pelikan, Vincent

    2017-04-01

    The EU H2020 funded project SEEMLA is aiming at the sustainable exploitation of biomass for bioenergy from marginal lands in Europe. Partners from Germany, Italy, Ukraine and Greece are involved in this project. Whereas Germany can be considered as well-established and leading country with regard to the production of bioenergy, directly followed by Italy and Greece, Ukraine is doing its first steps in becoming independent from fossil energy resources, also heading for the 2020+ goals. A basic, overarching regulation is the Renewable Energy Directive (RED) which has been amended in 2015; these amendments will be set in force in 2017. A new proposal for the period after 2020, the so called RED II, is under preparation. With cross-compliance and greening, the Common Agricultural Policy (CAP) offers measures for an efficient and ecological concept for a sustainable agriculture in Europe. In country-specific National Renewable Energy Action Plans (NREAP) a concept for 2020 targets is given for practical implementation until 2030 which covers e.g. individual renewable energy targets for electricity, heating and cooling, and transport sectors, the planned mix of different renewables technologies, national policies to develop biomass resources, and measures to ensure that biofuels are used to meet renewable energy targets are in compliance with the EU's sustainability criteria. While most of the NREAP have been submitted in 2010, the Ukrainian NREAP was established in 2014. In addition, the legal framework considering the protection of nature, e.g. Natura 2000, and its compartments soil, water, and atmosphere are presented. The SEEMLA approach will be developed in agreement with this already existing policy framework, following a sustainable principle for growing energy plants on marginal lands (MagL). Secondly, legislation regarding bioenergy and biomass potentials in the EU-28 and partner countries is introduced. For each SEEMLA partner an overview of regulatory

  3. Agricultural Crown Land in Saskatchewan

    International Nuclear Information System (INIS)

    Pyle, W.E.

    1998-01-01

    The petroleum industry's interest in provincial crown land in the agricultural area of Saskatchewan has grown over the last two decades. Agricultural land is regulated by the Saskatchewan Department of Agriculture and Food, Lands Branch. Since 1974 surface lease contracts by oil and gas companies have increased from 1,400 to the present 3,700. Resource lands are regulated by Saskatchewan Environment and Resource Management. There are 8.8 million acres of crown agricultural land in Saskatchewan, most of which is held without title. Crown land management is meant to provide a long term management approach to crown lands that balances economic, environmental and social benefits for present and future generations. The oil and gas industry is an important participant in crown land management. Revenues from petroleum and gas surface leasing, and seismic licensing totals more than five million dollars annually. In 1995/96, there were 54 companies establishing new oil and gas leases on crown land in Saskatchewan. This paper provides details of current policies which apply to petroleum and gas leasing and seismic exploration, and environmental guidelines for companies developing well sites, compressor and metering stations, access roads and easements. 3 tabs

  4. 75 FR 52010 - Land and Water Conservation Fund Description and Notification, Performance Reports, Agreements...

    Science.gov (United States)

    2010-08-24

    ... DEPARTMENT OF THE INTERIOR National Park Service Land and Water Conservation Fund Description and.... SUPPLEMENTARY INFORMATION: The Land and Water Conservation Fund Act of 1965 (LWCF Act) (16 U.S.C 4601-4 et seq... for this program: 1. Description and Notification Form Title: Land and Water Conservation Fund...

  5. The Analysis of the National Legal and Regulatory Grounds for the Institutional Autonomy of Higher Education Institutions

    Directory of Open Access Journals (Sweden)

    Andriichenko Zhanna O.

    2017-11-01

    Full Text Available The article identifies and systematizes the existing legal obstacles to the autonomy of higher education institution and develops recommendations to overcome them. The approaches to establishing the legal status of institutions of higher education in the current legislation of Ukraine are characterized. The impact of the legal status of higher education institution on its legal personality and the institutional autonomy has been determined. Views of scholars together with foreign experience of property titles in the imposition of property on higher education institution, were analyzed. Directions for the development of legal regulation of the system of public law legal entities in Ukraine have been defined. In order to ensure the development of the model of public administration in the sphere of higher education, it has been proposed that most of the higher education institutions should change the legal status of public legal entity – budgetary institution to the status of private legal entity – profitable or non-profitable higher education institution of the public / communal form of ownership, for which the founder would regularize property on the right of ownership. This will eliminate the conservatism, strict regulation on the part of the State, that is linked to the status of publicity, and, in order to develop the autonomy of higher education institution, will allow to take advantage of dispositivity inherent in private law entities in determining their legal personality.

  6. Lease of agricultural land in public ownership

    Directory of Open Access Journals (Sweden)

    Baturan Luka

    2014-01-01

    Full Text Available This paper analyzes the legal norms which regulate leasing of agricultural land in public ownership. The basic hypothesis is that the main goal of land leasing should be to achieve an efficient allocation and maximization of public rental income. It was concluded that we should eliminate all restrictions that serve as barriers to market allocation. These include provisions that restrict some groups from participating in the land lease auctions, then the preemptive right of lease, as well as the ban on subleasing. It also criticizes the application of the principles of affectation, or restriction of freedom of local governments in the use of funds received from land leasing.

  7. Land tenure regimes in Brazil and the social and environmental purpose of rural land possession: land tenure regularization of riverside communities in the Amazon floodplain

    Directory of Open Access Journals (Sweden)

    Karla Rosane Aguiar Oliveira

    2015-06-01

    on the Concessão de Direito Real de Uso (“Concession of Real Right of Use” as one of the instruments that allows the State to ensure the social function of public properties and guarantee legal certainty for rural land possession by Amazon floodplain populations.

  8. The Meaning of "Sex": Using Title VII's Definition of Sex to Teach about the Legal Regulation of Business

    Science.gov (United States)

    Kaminer, Debbie

    2018-01-01

    The lesson described in this article includes a number of overlapping learning goals. The first goal is to develop students' understanding of the complexities associated with the legal regulation of business in the United States. This case study is an excellent means of doing so, since it involves numerous interrelated legal issues. Real-world…

  9. Historical Changes of Land Tenure and Land Use Rights in a Local Community: A Case Study in Lao PDR

    Directory of Open Access Journals (Sweden)

    Saykham Boutthavong

    2016-04-01

    Full Text Available Land-titling programs, land and forest allocation programs, and projects on state-allocated land for development and investment in Laos have been key drivers of change in land tenure. These have triggered major shifts in land use rights, from customary, to temporary, and then to permanent land use rights. This article explores how government programs to grant land use rights to individual households have affected the way people have been able to acquire and secure land tenure. For our case study, we selected the village of Napo, the target of many land tenure changes in the past four decades. We collected data from district offices, group discussions with village organizations, and interviews with selected households. The study shows how land use rights shifted over time and reveals that households obtained most of their agricultural land and forestland through a claim process. Original households were mainly land claimers, while migrants were land buyers. The process of formalization and allocation of tenure triggered inequality among households. Attention is needed in future land governance and tenure reforms in order to safeguard the land use rights of local people in an equitable manner.

  10. Romanian procedural and administrative particularities of the sale of lands to foreign persons

    Directory of Open Access Journals (Sweden)

    Titus Prescure

    2016-06-01

    Full Text Available This study aims to examine the particularities of the procedures and legal instruments through which foreign persons, in the broadest sense of this term, may acquire, especially through sale-purchase contracts, agricultural lands situated outside of the built-up area, after Romania joined the European Union (1st of January, 2007. Likewise, this paper analyses specific international private law problems that may arise in relation with the application of the Romanian law regarding the legal transfer of agricultural and non-agricultural lands.

  11. On Land (Wealth Distribution: A Cultural Approach to Justice in Indonesia

    Directory of Open Access Journals (Sweden)

    - Suparjo

    2011-09-01

    Full Text Available This article re-examines the Indonesian land distribution policy in light of Pancasila, the five core values of the Indonesian constitution. Furthermore, the article also analyzes social problems in Indonesia from the legal and cultural point of view. Inspired by Javanese shadow puppet plays and Pancasila values, analysis shows that that land distribution policy in Indonesia does not support the goal of the country. The policy does not adhere to Pancasila values and the cultural values adopted by the Indonesian people. Hence I will try to give a recommendation for better regulation in land distribution. Evidences will be given to support the revision of land distribution policy in Indonesia by involving the academics through their researches and legal knowledge. This paper will also prove how doing so would resolve a lot of problems as poverty, unemployment matters, and social gaps; therefore social-economic justice can be promoted in accordance with the goals of the country.

  12. PRIORITY DIRECTIONS OF PROVISION OF STABLE LAND USE

    Directory of Open Access Journals (Sweden)

    L. Hun’ko

    2016-10-01

    Full Text Available The conditions of stable land use are highlighted in this article. The question of the territory of agricultural enterprises is considered as well. The characteristic of the type of land use is given here. The recommendations are shown on the formation of ecologically safe types of land use. In the terms of new land relations is important to resolve the issue of land use regulation to with stand landscapes against adverse natural and anthropogenic influences. The main instrument of the state, which aims to provide an ecologically permissible and economically effective land use, land use is as an important component of land relations. Planning should include a system of legal, technical, economic and environmental activities that will ensure the preservation, restoration and rational use of land and other natural resources for the benefit of the whole society. Keywords: land use, land management, stable development, landscape, soil erosion, protection of land.

  13. Planning Review: Developments and Planning Issues of Land Use Control in Suburban Areas by Local Government’s Ordinances in Japan

    OpenAIRE

    Mashima, Toshimitsu; Kawakami, Mitsuhiko

    2014-01-01

    This study aims to clarify how changes in the legal system combined with changing social, economic, and environmental pressures have affected approaches taken for land use control. Our emphasis is on how historical transitions in the legal system, particularly in the use of local government ordinances (Development Permission Ordinances and voluntary ordinances concerning land use management) have contributed to land use control in suburban areas. Our results show that because of the revision ...

  14. 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.

  15. Radiation exposure and the woman worker: biological and legal parameters

    International Nuclear Information System (INIS)

    Carver, J.S.

    1976-01-01

    The interpretation of federal and state legislation and regulations concerning the radiation protection of women in the workplace has not been a clear and straightforward procedure. On one hand, the safety of all workers, independent of sex, imposes a specific directive for the enforcement of working standards in general. On the other hand, must allowance be made in setting radiation standards for the particular biological characteristics of workers, some of whom are women. Title VII of the Civil Rights Act provides equal employment opportunity for women and is now being enforced. All legal questions aside, men and women are decidedly different in one aspect; only women can conceive and carry a fetus and studies have shown that, in humans, the most radiosensitive stage of the fetus is during the first trimester of pregnancy. Possible legal and socio-economic aspects of questions posed by the employment of women by the nuclear industry are considered

  16. MariFish Final Report

    DEFF Research Database (Denmark)

    Vassilopoulou, Vassiliki; Rochet, Marie-Joëlle; Helmond, Edwin

    Project Title: Bycatch And Discards: Management INdicators, Trends and locatiON Project Acronym: BADMINTON Discarding keeps being an important issue in world fisheries; it is a way for fishers to adjust their landings to the legal and market constraints, but is largely considered as a waste of rare...

  17. The Lived Space: Possession, Ownership, and Land Sales on the Chilean Frontier (Valdivia, 1790-1830

    Directory of Open Access Journals (Sweden)

    Manuel Bastias Saavedra

    2018-01-01

    Full Text Available By looking into sales of indigenous land in the territory of Valdivia between 1790 and 1830, this article discusses how legal interactions were tied to the local spaces of rural habitation. Since ownership was linked with possession and use in Spanish colonial law, local social relations and shared local knowledge were crucial for determining legal ownership and ensuring the validity of land transfers. This article provides insights into how law operated in newly integrated colonial spaces, and reveals that land transfers did not yet constitute purely contractual relations but were instead socially negotiated transactions involving different levels of authority and dependency.

  18. Book Review: Untitled: Securing Land Tenure in Urban and Rural ...

    African Journals Online (AJOL)

    Abstract. Book Title: Untitled: Securing Land Tenure in Urban and Rural South Africa. Book Authors: Hornby D, Kingwill R, Royston L & Cousins B (Eds.) (2017 University of KwaZulu-Natal Press) ISBN: 1869143507 ...

  19. 42 CFR 476.86 - Correlation of Title XI functions with Title XVIII functions.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Correlation of Title XI functions with Title XVIII functions. 476.86 Section 476.86 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF...) Qio Review Functions § 476.86 Correlation of Title XI functions with Title XVIII functions. (a...

  20. The legal status of cannabis (marijuana) and cannabidiol (CBD) under U.S. law.

    Science.gov (United States)

    Mead, Alice

    2017-05-01

    In the United States, federal and state laws regarding the medical use of cannabis and cannabinoids are in conflict and have led to confusion among patients, caregivers, and healthcare providers. Currently, cannabis is legal for medical purposes in 50% of the states, and another seventeen states allow products that are high in cannabidiol (CBD) and low in THC (tetrahydrocannabinol) for medical use. Many of these artisanal products are sold in dispensaries or over the internet. However, none of these products has been approved by the Food and Drug Administration (FDA). Understanding how federal laws apply to clinical research and practice can be challenging, and the complexity of these laws has resulted in particular confusion regarding the legal status of CBD. This paper provides an up-to-date overview (as of August 2016) of the legal aspects of cannabis and cannabidiol, including cultivation, manufacture, distribution, and use for medical purposes. This article is part of a Special Issue title, Cannabinoids and Epilepsy. Copyright © 2017 The Author. Published by Elsevier Inc. All rights reserved.

  1. Land, law and politics in Africa : mediating conflict and reshaping the state

    NARCIS (Netherlands)

    Abbink, J.; Bruijn, de M.E.

    2011-01-01

    This volume, which is dedicated to the Dutch legal scholar Gerti Hesseling (1946-2009), examines issues of law, land dispute and conflict mediation in Africa. The focus is on how citizens, State institutions and concerned (inter)national actors attempt to find solutions to land disputes. The issues

  2. Sexual harassment in academia: legal and administrative challenges.

    Science.gov (United States)

    Dowell, M

    1992-01-01

    Guidelines and institutional policies regarding sexual harassment in academia have a relatively short and controversial background. Deference to Equal Employment Opportunity Commission (EEOC) guidelines in employment sexual harassment incidents guides much of the thinking in contemporary courts. Title IX of the Educational Amendments and the Civil Rights Restoration Act of 1987 are but two of the legal redresses available to students with harassment grievance complaints. Lack of definition of the term as well as research studies in nursing complicate the issue of sexual harassment. The potential impact of harassment on nursing students both in the classroom and in the practice area is significant. Nursing administrators and educators must be proactive in writing and implementing policies regarding sexual harassment.

  3. Legal obstacles and incentives to the development of small scale hydroelectric power in West Virginia

    Energy Technology Data Exchange (ETDEWEB)

    None,

    1980-05-01

    The legal and institutional obstacles to the development of small-scale hydroelectric in West Virginia at the state level are described. The Federal government also exercises extensive regulatory authority in the area. The introductory section examines the dual regulatory system from the standpoint of the appropriate legal doctrine, the law of pre-emption, application of the law to the case of hydroelectric development, and concludes with an inquiry into the practical use of the doctrine by FERC. The development of small-scale hydroelectric energy depends on the selection of a site which will produce sufficient water power capacity to make the project economically attractive to a developer. In West Virginia, the right to use the flowing waters of a stream, creek, or river is appurtenant to the ownership of the lands bordering the watercourse. The lands are known as riparian lands. The water rights are known as riparian rights. Thus, the first obstacle a developer faces involves the acquisition of riparian lands and the subsequent right to the use of the water. The water law in West Virginia is discussed in detail followed by discussions on direct and indirect regulations; continuing obligations; financial considerations; and interstate organizations.

  4. Environmental Baseline Survey Report for the Title Transfer of Land Parcel ED-4 at the East Tennessee Technology Park, Oak Ridge, Tennessee

    Energy Technology Data Exchange (ETDEWEB)

    SAIC

    2008-05-01

    This environmental baseline survey (EBS) report documents the baseline environmental conditions of a land parcel referred to as 'ED-4' (ED-4) at the U. S. Department of Energy's (DOE's) East Tennessee Technology Park (ETTP). DOE is proposing to transfer the title of this land to the Heritage Center, LLC. Parcel ED-4 is a land parcel that consists of two noncontiguous areas comprising a total of approximately 18 acres located east of the ETTP. The western tract of ED-4 encompasses approximately 8.5 acres in the northeastern quadrant of the intersection of Boulevard Road and Highway 58. The eastern tract encompasses an area of approximately 9.5 acres in the northwestern quadrant of the intersection of Blair Road and Highway 58 (the Oak Ridge Turnpike). Aerial photographs and site maps from throughout the history of the ETTP, going back to its initial development in the 1940s as the Oak Ridge Gaseous Diffusion Plant (ORGDP), indicate that this area has been undeveloped woodland with the exception of three support facilities for workers constructing the ORGDP since federal acquisition in 1943. These three support facilities, which were located in the western tract of ED-4, included a recreation hall, the Town Hall Camp Operations Building, and the Property Warehouse. A railroad spur also formerly occupied a portion of Parcel ED-4. These former facilities only occupied approximately 5 percent of the total area of Parcel ED-4. This report provides supporting information for the transfer of this government-owned property at ETTP to a non-federal entity. This EBS is based upon the requirements of Sect. 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). In order to support a Clean Parcel Determination (CPD) in accordance with CERCLA Sect. 120(h)(4)(d), groundwater and sediment samples were collected within, and adjacent to, the Parcel ED-4 study area. The potential for DOE to make a CPD for ED-4 is

  5. PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF THE FIRST MARKET OF LEASE LAND IN UKRAINE

    Directory of Open Access Journals (Sweden)

    Hunko L.A.

    2017-08-01

    Full Text Available The land is the main asset of the farmer. The basic production of agricultural products, the food security of the state and its export potential today depend directly on the ability of agricultural producers to conduct sustainable production. However, in addition to the natural elements that stand in the way of stabilizing the situation in the field of agriculture, we also have a chronic presence of numerous "man-made" problems that remain unsettled for years. One of the most significant and painful of them is the state registration of the right to lease land. Long-term disorder, corporate wars between state authorities for the right to land relations, negligent attitude to information on land rights and their encumbrances, the shifting of competence among registrars of land tenure rights continue to cause complaints from agricultural producers. But the peculiarities of the legal regulation of the state registration of the right to lease land for agricultural purposes did not become the subject of a separate scientific study. Consequently, the purpose of this work is to study and analyze the problems of legal regulation of state registration of the right to lease land and to find an acceptable option for their further solution. Since the reform of the agrarian sector of Ukraine, the most common form of land use in agricultural production is the use of land by agricultural producers on a lease. The advantage of leasing relations in agricultural production is enshrined in the Concept of the State Target Program for Land Relations Development in Ukraine for the period up to 2020, which was approved by the Resolution of the Cabinet of Ministers of Ukraine dated June 17, 2009 No. 743-p. The right to lease a land plot is mediated by a contract concluded in accordance with the Article 20 of the Law of Ukraine "On land lease" is subject to mandatory state registration,on the other hand in Article 125 of the Land Code of Ukraine, it is stated that the

  6. Actual problems of the antimonopoly requirements` observance in the bidding for the sale of land in the Russian Federation

    Directory of Open Access Journals (Sweden)

    Alexey Pavlovich ANISIMOV

    2013-06-01

    Full Text Available A comprehensive view of the topic of Antimonopoly regulation in the sphere of land auctions for the Russian legal science and legal science other Eastern European countries is highly relevant. The importance of such research is that foreign companies having business in Russia are not always aware of specificity in land tendering legal regulation and antimonopoly requirements in this sphere. Moreover, the practice of violation of antimonopoly legislation in the sphere of land tendering and probable means of legislation improvement may hereby present more interest for them. The authors cite and analyze various typical violations in the sphere of land tendering, including publication of land auctions notices in an improper printing agency; lack of applications registration and putting forward extra requirements towards the participants; display for land parcels auctions for which no technical specifications of networking have been determined and no payment for such networking has been established; attempts of local administration to provide land parcels without prior approval of the objects’ places of location and without auctions (though such a procedure is of an extremely local character and is only performed in cases expressly specified by the Federal Law; collection of extra and illegal fees from physical and legal entities for participation in auctions; tendering in cases when they are not to be carried out under the Law (gardening, haymaking; underpricing of a land parcel, etc. Eventually a conclusion is drawn on the effectiveness of auctions which shall be secured by establishing a legal procedure which details and definitely determines tendering regulations, requirements towards the participants and order of agreement’s conclusion. Control on the part of antimonopoly bodies, undoubtedly, allows forming barriers for dishonest participants of the auctions. The authors assume that it is rather difficult to achieve absence of mal-usage by

  7. 20 CFR 404.535 - How much will we withhold from your title VIII and title XVI benefits to recover a title II...

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false How much will we withhold from your title... Officer § 404.535 How much will we withhold from your title VIII and title XVI benefits to recover a title II overpayment? (a) If past-due benefits are payable to you, we will withhold the lesser of the...

  8. 78 FR 19004 - Renewal of Agency Information Collection for Acquisition of Trust Land

    Science.gov (United States)

    2013-03-28

    ... information--may be made publicly available at any time. While you can ask us in your comment to withhold your.... Data OMB Control Number: 1076-0100. Title: Acquisition of Trust Land, 25 CFR 151. Brief Description of... Acquisition of Trust Land AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of request for comments...

  9. Land Grabbing and the Commodification of Agricultural Land in Africa

    Science.gov (United States)

    D'Odorico, P.; Rulli, M. C.

    2014-12-01

    The increasing global demand for farmland products is placing unprecedented pressure on the global agricultural system. The increasing demand can be met through either the intensification or the expansion of agricultural production at the expenses of other ecosystems. The ongoing escalation of large scale land acquisitions in the developing world may contribute to both of these two processes. Investments in agriculture have become a priority for a number of governments and corporations that are trying to expand their agricultural production while securing good profits. It is unclear however to what extent these investments are driving the intensification or the expansion of agriculture. In the last decade large scale land acquisitions by external investors have increased at unprecedented rates. This global land rush was likely enhanced by recent food crises, when prices skyrocketed in response to crop failure, new bioenergy policies, and the increasing demand for agricultural products by a growing and increasingly affluent human population. Corporations recognized the potential for high return investments in agricultural land, while governments started to enhance their food security by purchasing large tracts of land in foreign countries. It has been estimated that, to date, about 35.6 million ha of cropland - more than twice the agricultural land of Germany - have been acquired by foreign investors worldwide. As an effect of these land deals the local communities lose legal access to the land and its products. Here we investigate the effect of large scale land acquisition on agricultural intensification or expansion in African countries. We discuss the extent to which these investments in agriculture may increase crop production and stress how this phenomenon can greatly affect the local communities, their food security, economic stability and the long term resilience of their livelihoods, regardless of whether the transfer of property rights is the result of an

  10. PRINCIPLE ON THE LAND REGISTER IN THE INTERPRETATION OF JURISPRUDENCE

    Directory of Open Access Journals (Sweden)

    Hamid Mutapčić

    2016-04-01

    Full Text Available For a longer period of time land registers in Bosnia and Herzegovina do not reflect the actual situation regarding property rights. The reasons should be sought in the poor quality of and inconsistent legislation that allowed non-registered acquisition of real property rights. On the basis of such legislation earlier Yugoslav jurisprudence had permanently denied the acquisition of property rights based on the principle of trust in the land registry. A new definition of the principle of trust, which implies the protection of the rights acquired on the basis of incorrect and incomplete land registry status, was introduced with the entry into force of the new entity laws on land registry. The main intention of the legislature is reaffirmation of the land registry and its basic principles, which is a precondition for faster and easier real estate transactions. However, the new law provides for real solutions that prevent the full application of the principle of trust, which results in the adoption of different and unequal judicial decisions. The paper presents analysis of such legal solutions, also defects that generate the emergence of different concepts of law are detected, and proposals de lege ferenda are listed in order to create the legal conditions for uniform jurisprudence.

  11. Some aspects of modern problems of struggle with land degradation and desertification in Ukraine

    Directory of Open Access Journals (Sweden)

    V. Tretyak

    2015-10-01

    Full Text Available Proved that address the priority areas of contemporary issues of combating land degradation and desertification in Ukraine is to improve the legal and regulatory framework, the project of the National Action Plan to combat land degradation and desertification.

  12. Estimate and prospective studies on Peruvian environmental legal system after Río + 20

    Directory of Open Access Journals (Sweden)

    Pierre Foy Valencia

    2013-12-01

    Full Text Available This article is intended to explain core ideas resulting from processes of which Peruvian environmental legal system is derived; it is morean overview rather than a system characterization, as well as a perspective or sampling foresight representing Río +20 process meaning. In that sense, it examines the modern environmental regulations rising context and provides a brief retrospective of Peruvian environmental legal system development and prospective studies within the frame of green economy paradigms and the environmental governance, presenting only three prospective references aschallenges and trends on: Climate and Energy Law, a new legal Framework for a Green Economy and Sustainable Enterprise, and finally, stressing emphatically on mega-cities, Conurbation and Land use Planning issues given little attention usually law renders to this matters.

  13. Land Reforms and the Tragedy of the Anticommons—A Case Study from Cambodia

    Directory of Open Access Journals (Sweden)

    Dirk Loehr

    2012-04-01

    Full Text Available Most of the land reforms of recent decades have followed an approach of “formalization and capitalization” of individual land titles (de Soto 2000. However, within the privatization agenda, benefits of unimproved land (such as land rents and value capture are reaped privately by well-organized actors, whereas the costs of valorization (e.g., infrastructure or opportunity costs of land use changes are shifted onto poorly organized groups. Consequences of capitalization and formalization include rent seeking and land grabbing. In developing countries, formal law often transpires to work in favor of the winners of the titling process and is opposed by the customary rights of the losers. This causes a lack of general acknowledgement of formalized law (which is made responsible for deprivation of livelihoods of vulnerable groups and often leads to a clash of formal and customary norms. Countries may fall into a state of de facto anarchy and “de facto open access”. Encroachment and destruction of natural resources may spread. A reframing of development policy is necessary in order to fight these aberrations. Examples and evidence are provided from Cambodia, which has many features in common with other countries in Asia and Sub-Saharan Africa in this respect.

  14. Study On Safeguard Measures for Implementing Overall Planning of Land Use

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    Based on minutely analysing the main problems existing in safeguard measures for implementing a new round of overall planning of land use,this paper constructs implementation security system of overall planning of land use,and puts forward the principles and basis of formulating safeguard measures for implementing overall planning of land use.Finally,this paper establishes the content system of safeguard measures:effectively strengthen social supervision;strengthen administrative management of land use planning;strengthen economic management of land use planning;reinforce the legal status of planning;establish incentive and constraint mechanism for reinforcing implementation;improve support system of planning.

  15. Legal and institutional problems facing geothermal development in Hawaii

    Energy Technology Data Exchange (ETDEWEB)

    1978-10-01

    The problems discussed confronting future geothermal development in Hawaii include: a seemingly insoluble mismatch of resource and market; the burgeoning land claims of the Native Hawaiian community; a potential legal challenge to the State's claim to hegemony over all of Hawaii's geothermal resources, regardless of surface ownership; resistance to any sudden, large scale influx of Mainland industry, and questionable economics for the largest potential industrial users. (MHR)

  16. Women, donors and land administration: The Tanzania case

    OpenAIRE

    Pedersen, Rasmus Hundsbæk; Haule, Scholastica

    2013-01-01

    Tanzania's land reform from 1999 has been evaluated as among the most gender-sensitive of its kind in Sub-Saharan Africa. However, there is a gap between the legal framework and what is happening on the ground. This working paper analyses the challenges related to the protection of women's rights to land in rural areas. It provides detailed information on reform implementation experiences so far by analysing a number of government and NGO interventions. It furthermore discusses the ambiguous ...

  17. India | Page 88 | IDRC - International Development Research Centre

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

    Making sense of complex reality will never be an easy task, but including both local and specialist knowledge in the attempt clearly boosts the chance of success. Read more about Closing the gap between research and knowledge. Language English. The challenge: Bonded labourers lack legal title to land. One of the ...

  18. Land tenure and the adoption of agricultural technology in Haiti:

    OpenAIRE

    Smucker, Glenn R.; White, T. Anderson; Bannister, Michael

    2000-01-01

    There has long been an active debate in Haiti - as in many other developing countries - over whether or not the customary tenure system constrains technology adoption and agricultural development, and whether cadaster and land titling should be national priorities. This paper contributes to this debate by reviewing and interpreting the body of literature and new empirical evidence concerning the relationship between land tenure and the adoption of technology in rural Haiti. The findings sugge...

  19. Buying and selling oil and gas properties in Saskatchewan

    International Nuclear Information System (INIS)

    Lothian, E.C.

    1997-01-01

    During the last five years, Saskatchewan has experienced its highest level of activity in the oil and gas industry, in terms of drilling and land acquisition. This study reviewed the unique concerns and issues affecting the acquisition or disposition of oil and gas assets in Saskatchewan. The two separate and distinct land registry systems regarding mines and mineral interests in Saskatchewan, due diligence issues, title and leasehold opinions and their limitations and environmental liabilities issues management were described. Some basic principles of contract law such as registration issues with respect to GOR's, and builder's lien pitfalls, as well as legal issues created by horizontal drilling, and legal issues associated with a Right of First Refusal, were also explained

  20. 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.

  1. 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.

  2. Browse Title Index

    African Journals Online (AJOL)

    2004): Special Issue 2004, Differential production of immune parameters by mouse strains ... agglutination and complement fixation tests in the field diagnosis ... List All Titles · Free To Read Titles This Journal is Open Access.

  3. Role Conflict between Land Allocation and Municipal Functions in ...

    African Journals Online (AJOL)

    eliasn

    of private investors to the use of land on the basis of payment arrangements established by law. ..... compensation in a blocked bank account in the name of the woreda or urban ..... 1, Ethiopian Legal Information Consortium (December. 2013) ...

  4. Who owns the Moon? extraterrestrial aspects of land and mineral resources ownership

    CERN Document Server

    Pop, Virgiliu

    2008-01-01

    This work investigates the permissibility and viability of property rights on the celestial bodies, particularly the extraterrestrial aspects of land and mineral resources ownership. In lay terms, it aims to find an answer to the question "Who owns the Moon?" After critically analyzing and dismantling with legal arguments the trivial issue of sale of extraterrestrial real estate, the book addresses the apparent silence of the law in the field of landed property in outer space, scrutinizing whether the factual situation on the extraterrestrial realms calls for legal regulations. The legal status of asteroids and the relationship between appropriation under international law and civil law appropriation are duly examined, as well as different property patterns – such as the commons regime, the Common Heritage of the Mankind, and the Frontier paradigm. Virgiliu Pop is one of world's specialists in the area of space property rights. A member of the International Institute of Space Law, Virgiliu has authored seve...

  5. Operational policy for disposal of land-derived wastewater to the marine environment of South Africa

    CSIR Research Space (South Africa)

    Taljaard, Susan

    2006-10-01

    Full Text Available , amongst others. To fulfil its legal obligation in terms of the management and control of land-derived wastewater discharges (classified as a water use under the National Water Act), DWAF adopted the operational policy for disposal of land-derived water...

  6. Actual Condition of Paddy Field Levee Maintenance by Various Farm Households including Large-scale Farming in the Developed Land Renting Area

    Science.gov (United States)

    Sakata, Yasuyo

    The survey of interview, resource acquisition, photographic operation, and questionnaire were carried out in the “n” Community in the “y” District in Hakusan City in Ishikawa Prefecture to investigate the actual condition of paddy field levee maintenance in the area where land-renting market was proceeding, large-scale farming was dominant, and the problems of geographically scattered farm-land existed. In the study zone, 1) an agricultural production legal person rent-cultivated some of the paddy fields and maintained the levees, 2) another agricultural production legal person rent-cultivated some of the soy bean fields for crop changeover and land owners maintained the levees. The results indicated that sufficient maintenance was executed on the levees of the paddy fields cultivated by the agricultural production legal person, the soy bean fields for crop changeover, and the paddy fields cultivated by the land owners. Each reason is considered to be the managerial strategy, the economic incentive, the mutual monitoring and cross-regulatory mechanism, etc.

  7. Multidisciplinary Rural Studies in the Land Grant University Context.

    Science.gov (United States)

    Brown, David L; Ranney, Christine

    1991-01-01

    Proposes a multidisciplinary graduate program in rural studies within the land grant university context. Requires a universitywide Rural Studies Center to coordinate efforts across the various colleges. Students could earn dual-title master's and Ph.D. degrees in rural studies and applied economics, sociology, geography, public administration,…

  8. INIS: Authority List for Journal Titles

    International Nuclear Information System (INIS)

    1992-01-01

    This is the nineteenth revision of the INIS: Authority List for Journal Titles (IAEA-INIS-11). It lists 10,797 journal titles which have contained articles within the scope of INIS. The purpose of this Authority List is to provide descriptive cataloguers with a standard abbreviation for journal titles and to assist users of INIS products with a tool for verifying the full title of a journal. A journal, or periodical, is generally published within a defined, fixed interval between issues, which usually has more than one issue a year, and which usually includes a mixture of articles, letters, summaries, etc. Within this definition, annuals such as Annual Review of Nuclear Science are included. Series titles as, for example the McGraw-Hill Series in Nuclear Engineering, are not included in this Authority. Entries: Each entry consists of: - the full journal title (highlighted); - the abbreviated title; - ISSN, if available; - CODEN, if available; - additional information related to the journal title. Arrangement: In Part I, the full journal titles are grouped by country or international organization name and ordered alphabetically, followed by the ISSN, the CODEN in square brackets if available, and then the abbreviated title. The abbreviated title is based on the rules of ISO 4: Documentation - International Code for the Abbreviation of Titles of Periodicals. The abbreviations of the words are taken from the ISDS List of Periodical Title Word Abbreviation. In Part II, the order of the citations is reversed: the abbreviated journal titles are arranged alphabetically, followed by country code. Then the full journal titles are followed by the country of publication, and if available, ISSN and CODEN. Additional Information: There is important information related to the journal titles which are fundamental for tracing the history of the title and the present status. They are listed below and are entered whenever applicable: - Ceased publication; - Superseded by

  9. 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....

  10. Title IX Resource Guide

    Science.gov (United States)

    Office for Civil Rights, US Department of Education, 2015

    2015-01-01

    Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination based on sex in education programs and activities in federally funded schools at all levels. If any part of a school district or college receives any Federal funds for any purpose, all of the operations of the district or college are covered by Title IX. The essence…

  11. Getting to one from title 10 + title 32 unity of effort in the homeland

    OpenAIRE

    Prosch, Caroline Ross.

    2011-01-01

    CHDS State/Local Approved for public release; distribution is unlimited This thesis bridges the knowledge gap between Title 10 Active Duty and Title 32 National Guard in order to breakdown cultural barriers and reach unity of effort for response operations in the homeland. Regrettably, a unified response was missing among Title 10 Active Duty and Title 32 National Guard members following Hurricane Katrina. Since then, initiatives based in doctrine, statutes and formal recommendations...

  12. Browse Title Index

    African Journals Online (AJOL)

    Items 601 - 650 of 788 ... Browse Title Index ... Issue, Title ... Vol 14, No 1 (2006), Social science research: a critique of quantitative and qualitative methods ... Vol 18, No 1 (2010), Stress among part-time business students: a study in a Ghanaian ...

  13. 20 CFR 408.931 - How much will we withhold from your title II and title XVI benefits to recover a title VIII...

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false How much will we withhold from your title II... and Overpayments Adjustment of Title II Benefits § 408.931 How much will we withhold from your title...-due benefits. (b)(1) We will collect the overpayment from current monthly benefits due in a month...

  14. Problems of applying legal liability for offenses in the sphere of long-term temporary usage of forests in Ukraine

    Directory of Open Access Journals (Sweden)

    Д. М. Мікулин

    2015-11-01

    Full Text Available Problem setting. Today the institute of legal responsibility functionates inefficiently, which can be explained by a weak theoretical development problems of this institution in particular legal sciences (including the environmental law; legislative gaps; low level of skills of the executive officers in the field of environmental protection, rational use, restoration and protection of natural resources. These provisions completely relate as well to the problems of applying legal responsibility for violations in the field of long-term temporary use of forests. Recent research and publications analysis. Issues of legal responsibility for offenses in the sphere of forest usage were considered in the scientific works of B. Boreiko, S. Kravchenko, O. Shumilo, O. Storchous etc. Anyhow, the legal precedents in the scope of offenses in the sphere of long-term temporary usage of forests in Ukraine remains not studied. Paper objective is the analysis of the most typical recent legal cases in the scope of long-term temporary usage of forests that demonstrate the roots for conflicts between the forest users, local public authorities and the public. Paper main body. Based the an analysis of cited precedents, it can be unequivocally concluded that the forest legislation doesn’t regulate efficiently the liability for violations in the field of long-term temporary usage of forests in Ukraine. Forest users often fail to comply with the contract terms of using forests in the part of veto on business activity, as well as constructing fences, that impedes the access of local residents to natural resources. The procedure for receiving forest lands in temporary usage is extremely corrupt, and citizens have to go to court to bring regional administrations to administrative responsibility for unjustified refusal to provide forest lands in the long-term temporary usage. Conclusions of the research. Author believes that the effective solution of modern problems is not

  15. THE TRAJECTORY OF INDIGENEITY POLITICS AGAINST LAND DISPOSSESSION IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Noer Fauzi Rachman

    2017-01-01

    Full Text Available Under the New Order authoritarian regime, the state endorsed terra-nullification of the customary territories had been the basis for the stipulation of state forest (hutan negara.After the fall of the General Suharto led regime in 1998 generated a new phase for the struggles of the customary groups in different parts of the archipelago. This article examines the rise of indigeneity and counter-hegemonic indigenous legal maneuvering spearheaded by Aliansi Masyarakat Adat Nusantara (AMAN against ongoing land dispossession in Indonesia since the fall of New Order authoritarian regime which includes the indigenous mobilizations (strategy, organization and tactics in the post-authoritarian country, including the avenue of new types of legal activism when it comes to the creative destruction of global capitalism today. It focuses on two modes of policy advocacy and campaign against land dispossession: (a the production of the Constitutional Court Ruling No. 35/PUU-X/2012, a new legal landmark that establishes the constitutional norm of the citizenship status of Indonesian indigenous peoples (masyarakat hukum adat as rights bearing subjects, and the owners of their customary territory; and (b the National Inquiry on Indigenous Peoples’ Rights held by the Indonesian National Human Rights Commission (Komnas HAM. The discussion describes The Colonialism of ‘State-Izing’ Customary Communities’ Territory, Contemporary Indigeneity Politics in Indonesia, Counter-Hegemonic Indigenous Legal Maneuvering, Judicial Review against The1999 Law No. 41on Forestry, National Inquiry on Indigenous Peoples’ Rights, and Connecting Counter-Hegemonic Indigenous Legal Maneuvering with the Grassroots Struggles which focuses on Mobilizing at Multiple Scales. It is concluded from this article that the efficacy of legal struggles is very much depend on the capacity to connect  with the grassroots mobilization by continuously promulgating the resurgence of indigeneity

  16. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 200 of 229 ... Browse Title Index ... Issue, Title. Vol 14, No 2 ... Vol 15, No 1 (2017), Qualitative and quantitative methods of suicide research in old age, Abstract PDF ... Vol 11, No 2 (2013), Simple Algorithm in the Management of Fetal ...

  17. Trends in State and Federal land use law relating to inventories, monitoring and evaluation

    Science.gov (United States)

    Lamb, C. M.

    1974-01-01

    A description and analysis of selected State and Federal laws relating to land use inventories, monitoring, and evaluation is presented. Legal requirements and information systems for land use in the following states are reviewed: Colorado, Delaware, Florida, Hawaii, Indiana, Kansas, Maine, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Utah, Vermont, and West Virginia.

  18. IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS

    Directory of Open Access Journals (Sweden)

    Edy Lisdiyono

    2017-01-01

    Full Text Available Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence and clear fact so that its solutions do not deviate from the rules of law

  19. Ambition, Regulation and Reality. Complex use of land and water resources in Luwu, South Sulawesi, Indonesia

    NARCIS (Netherlands)

    Roth, D.

    2003-01-01

    In this book I present three case studies of the complex regulation of use of land and water resources in Luwu. Attention to the role of legalcomplexity -the existence of different sources and definitions of normative-legal regulation in

  20. The archeological sites on lands: actual problems of the legislation and case study

    Directory of Open Access Journals (Sweden)

    А. Б. Наконечний

    2014-12-01

    Full Text Available The article is dedicated to the analysis of the archeological sites on lands. There was examined their legal status, places of the main categories among the land plots in Ukraine. It is proposed the decision of the main legislative problems and the elimination of shortcomings in the proceedings of relevant categories of cases.

  1. THE INCREASE THE FERTILITY OF AGRICULTURAL LAND AND MONITORING OF THIS LAND ARE THE NECESSARY CONDITIONS FOR ENSURING FOOD SECURITY

    Directory of Open Access Journals (Sweden)

    Stanislav Lipski

    2014-01-01

    Full Text Available The availability of suitable land for agricultural activities and the quality of this land are the main factors determining the maximum number of the population of the planet. In the Russian Federation is 8.9 % of the world's arable land. But the natural-climatic conditions of Russia are rather complicated from the point of view of agricultural production. Therefore, the special significance is having the land reclamation and the measures of enhance soil fertility. Meanwhile, the share of reclaimed land in Russia is much lower than by our competitors in the global food market. From 2014 the state is starting the realization of the Federal target program of land reclamation agricultural purposes. The information systems about the land in the period of the agrarian and land transformation and development of a market turnover of land (including agricultural were attending more of legal aspects and of technical side (technology, electronic information exchange rather than on the characteristics of the land as the main means of production. Currently agricultural producers are demanding the land information. But the modern systems, containing information on agricultural lands, are not enough characterizing this land as a productive resource. It is negatively affects the development of agriculture. Now the Ministry of agriculture of Russia develops the proposals on establishment of a special system of monitoring agricultural lands. However, this system is created very slowly.

  2. Land, ecology, and democracy. A twenty-first century view.

    Science.gov (United States)

    Newton, Julianne Lutz; Freyfogle, Eric T; Sullivan, William C

    2006-01-01

    Land is necessary for human flourishing, and its use remains a compelling concern for every society, even those wherein industrialization has sharply diminished people's awareness of land. Here, we consider land's influence on political thinking, particularly thinking about democratic governance, and ask if this influence might be made more beneficial by the application of lessons drawn from ecological research. We identify five such lessons and apply them in six ways to the institution of private-property rights in nature--the main legal institution that allocates and perpetuates power over land--and to modern assumptions about liberal individualism and rights to health. We conclude that people can live well on land, promoting both human and land health, only in governmental forms engaging more citizens more deliberatively than now typical even in democracies. Implications for political institutions and human welfare are discussed under conditions of globalizing interdependence.

  3. 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...

  4. INIS: Authority list for journal titles

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2003-03-01

    This is the twenty-ninth revision of the INIS: Authority List for Journal Titles (IAEA-INIS-11). It lists the titles of 12 990 journals which have contained articles within the scope of INIS. The purpose of this report is to provide descriptive cataloguers with a standard entry for the full title of a journal. In addition to the full journal title, the ISSN (International Standard Serial Number), administered by the ISSN International Centre, Paris, France, and/or CODEN, assigned by Chemical Abstracts Service, USA, are given in this manual. In order to help the reader to find titles easily, the list is divided into two parts. In Part I, the full journal titles are grouped by country or international organization responsible for coverage and ordered alphabetically. In Part II, the full journal titles of all countries or international organizations are arranged alphabetically. The country name or the international organization name responsible for coverage of the journal title to INIS is entered in parentheses. Journal titles marked with an asterisk are regularly scanned by INIS. Titles that have been identified by INIS Centres as 'Key Journals' are marked with the hash sign.

  5. INIS: Authority list for journal titles

    International Nuclear Information System (INIS)

    2003-01-01

    This is the twenty-ninth revision of the INIS: Authority List for Journal Titles (IAEA-INIS-11). It lists the titles of 12 990 journals which have contained articles within the scope of INIS. The purpose of this report is to provide descriptive cataloguers with a standard entry for the full title of a journal. In addition to the full journal title, the ISSN (International Standard Serial Number), administered by the ISSN International Centre, Paris, France, and/or CODEN, assigned by Chemical Abstracts Service, USA, are given in this manual. In order to help the reader to find titles easily, the list is divided into two parts. In Part I, the full journal titles are grouped by country or international organization responsible for coverage and ordered alphabetically. In Part II, the full journal titles of all countries or international organizations are arranged alphabetically. The country name or the international organization name responsible for coverage of the journal title to INIS is entered in parentheses. Journal titles marked with an asterisk are regularly scanned by INIS. Titles that have been identified by INIS Centres as 'Key Journals' are marked with the hash sign

  6. Ambition, Regulation and Reality. Complex use of land and water resources in Luwu, South Sulawesi, Indonesia

    NARCIS (Netherlands)

    Roth, D.

    2003-01-01

    In this book I present three case studies of the complex regulation of use of land and water resources in Luwu. Attention to the role of legalcomplexity -the existence of different sources and definitions of normative-legal regulation in

  7. Goals and instruments of land policy and the growth and development of cities

    OpenAIRE

    Maruška Šubic Kovač

    2001-01-01

    Instruments of land policies are tied to its goals, as well as defined relations on property and law as set in the Constitution. Since these relations have changed in Slovenia, the instruments of land policy also have to change. When devising particular instruments, basic principles have to be respected, which are the starting point for particular procedures. Only adequate legally defined instruments of land policies can be implemented in practice and affect the growth and development of citi...

  8. 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

  9. Agrarian Policy in Colonial Yucatán: Land Use in 1679 and 1710

    Directory of Open Access Journals (Sweden)

    Sergio Eduardo Carrera Quezada

    2015-07-01

    Full Text Available This article addresses an overlooked issue in Yucatecan historiography: the concession of idle land and land use policy during the colonial period. It analyzes the motives for which the Spanish almost never took advantage of the land titles granted freely by the crown when establishing their ranches, but instead preferred to purchase land, wells and cenotes from local caciques and noble Maya families. It also shows the particular characteristics of regional land use policy, such as the reasons for its late implementation, the negotiations between ranchers and judges and the exclusive benefits for Spaniards. The article concludes by explaining the various methods Yucatecan Mayas used to defend their right to the land they had possessed since time immemorial.

  10. Browse Title Index

    African Journals Online (AJOL)

    Items 201 - 250 of 488 ... African Journal of Paediatric Surgery. ... Ileocecal valve atresia: Introduction of a new surgical approach ... Vol 4, No 1 (2007), Isolated Bilateral Macrostomia: Case Series and ... Vol 9, No 2 (2012), Laparoscopic inguinal hernia repair in ... List All Titles · Free To Read Titles This Journal is Open Access.

  11. Goals and instruments of land policy and the growth and development of cities

    Directory of Open Access Journals (Sweden)

    Maruška Šubic Kovač

    2001-01-01

    Full Text Available Instruments of land policies are tied to its goals, as well as defined relations on property and law as set in the Constitution. Since these relations have changed in Slovenia, the instruments of land policy also have to change. When devising particular instruments, basic principles have to be respected, which are the starting point for particular procedures. Only adequate legally defined instruments of land policies can be implemented in practice and affect the growth and development of cities in Slovenia.

  12. Intermittent turbulence and oscillations in the stable boundary layer over land

    NARCIS (Netherlands)

    Wiel, van de B.

    2002-01-01

    As the title of this thesis indicates, our main subject of interest is: "Intermittent turbulence and oscillation in the stable boundary layer over land". As such, this theme connects the different chapters. Here, intermittent turbulence is defined as a sequence of events were 'burst' of

  13. Sewage sludge pretreatment and disposal. (Latest citations from the NTIS bibliographic database). Published Search

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-06-01

    The bibliography contains citations concerning techniques and equipment used in the pretreatment and disposal of sewage sludges. Citations discuss sludge digestion, dewatering, disinfection, stabilization, chlorination, and desulfurization. Topics include pretreatment programs, land disposal, incineration, and waste utilization. Environmental monitoring and protection, federal regulations, and legal aspects are examined. (Contains 50-250 citations and includes a subject term index and title list.)

  14. Legal significance of the private security sector in Kosovo

    Directory of Open Access Journals (Sweden)

    Fidair Berisha

    2015-11-01

    Full Text Available Privatization of the security sector is considered a new phenomenon in the post communist society. The security system has been under a total monopol of the state institutions. Therefore, even the legal adjustment of this system is considered that only state institutions are entitled for provision of the security services, by excluding participation of civic organizations from this activity. Beside this, state enterprises have been obliged to establish its safet structures for property protection and involved employers in enterprises. Immediately after the conflictual period the privatization of the security sector was rapidly increased, including various parts of society. In Kosovo immediately after the conflictual period there was legal gaps, which means that the private security sector has not been adjusted and as a result of this has been uncontrolled and without supervision. Therefore in 2000 the UNMIK administration has undertaken measures and has carried out the first act which has regulated this sector in Kosova. The draft law has undergone significant changes starting from the title. Saying in more common manner, “Draft law for private security” is amended in the LAW no. 04/L-004.2001 for private security services, and this amendment of the private security sector is based in the above mentioned law.

  15. Challenging a court settlement: Concept, legal nature and methods of challenging in domestic and comparative law

    Directory of Open Access Journals (Sweden)

    Salma Marija

    2011-01-01

    Full Text Available In this paper the author offers analysis of rules regulating the challenging of a court settlement in light of the evolution and legal nature of the court settlement in domestic and comparative law (Austrian, German, and Hungarian laws. The method of the procedural challenge depended on the understanding whether the settlement is an agreement (contract between parties before the court or it is a decision of the court (on acceptance or rejection of the proposal of the parties to reach a settlement. In the earlier instance the method of challenge is by filing of an action, and in the latter instance it represents a form of a legal remedy, most often extraordinary legal remedy - request for repetition of a trial, against final and binding decision of the court by which the settlement was either accepted or rejected. Theoretical dilemma about the legal nature of the court settlement, had an effect on normative regulations, as well as on court practice. In the Serbian law, this dilemma was resolved by enactment of the Civil Procedure Code which explicitly regulates that court settlement is challenged by an action before the court. As a result of this, the idea of a court settlement, as a form of an agreement, prevailed in the legal system. However, considerable procedural effects of the court settlement cannot be ignored. The principal procedural effect is that the litigation is terminated. Further, the court settlement represents a form of an executive title.

  16. Investigating correlation between legal and physical property: possibilities and constraints

    Science.gov (United States)

    Dimopoulou, E.; Kitsakis, D.; Tsiliakou, E.

    2015-06-01

    Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.

  17. Proposal for Land Consolidation Project Solutions for Selected Problem Areas

    Science.gov (United States)

    Wojcik-Len, Justyna; Strek, Zanna

    2017-12-01

    One of the economic tools for supporting agricultural policy are the activities implemented under the Rural Development Program (RDP). By encouraging agricultural activities and creating equal opportunities for development of farms, among others in areas with unfavourable environmental conditions characterized by low productivity of soils exposed to degradation, decision makers can contribute to improving the spatial structure of rural areas. In Poland, one of the major concerns are agricultural problem areas (regions). In view of this situation, the aim of this article was to characterize the problem areas in question and propose land consolidation project solutions for selected fragments of those areas. This paper presents the results of a review of literature and an analysis of geodetic and cartographic data regarding the problem areas. The process of land consolidation, which is one of the technical and legal instruments supporting the development of rural areas, was characterized. The study allowed the present authors to establish criteria for selecting agricultural problem areas for land consolidation. To develop a proposal for rational management of the problem areas, key general criteria (location, topography, soil quality and usefulness) and specific criteria were defined and assigned weights. A conception of alternative development of the agricultural problem areas was created as part of a land consolidation project. The results were used to create a methodology for the development of agricultural problem areas to be employed during land consolidation in rural areas. Every agricultural space includes areas with unfavourable environmental and soil conditions determined by natural or anthropogenic factors. Development of agricultural problem areas through land consolidation should take into account the specific functions assigned to these areas in land use plans, as well as to comply with legal regulations.

  18. Biodiversity conservation and indigenous land management in the era of self-determination.

    Science.gov (United States)

    Schmidt, Paige M; Peterson, Markus J

    2009-12-01

    Indigenous people inhabit approximately 85% of areas designated for biodiversity conservation worldwide. They also continue to struggle for recognition and preservation of cultural identities, lifestyles, and livelihoods--a struggle contingent on control and protection of traditional lands and associated natural resources (hereafter, self-determination). Indigenous lands and the biodiversity they support are increasingly threatened because of human population growth and per capita consumption. Application of the Endangered Species Act (ESA) to tribal lands in the United States provides a rich example of the articulation between biodiversity conservation and indigenous peoples' struggle for self-determination. We found a paradoxical relationship whereby tribal governments are simultaneously and contradictory sovereign nations; yet their communities depend on the U.S. government for protection through the federal-trust doctrine. The unique legal status of tribal lands, their importance for conserving federally protected species, and federal environmental regulations' failure to define applicability to tribal lands creates conflict between tribal sovereignty, self-determination, and constitutional authority. We reviewed Secretarial Order 3206, the U.S. policy on "American Indian tribal rights, federal-tribal trust responsibilities, and the ESA," and evaluated how it influences ESA implementation on tribal lands. We found improved biodiversity conservation and tribal self-determination requires revision of the fiduciary relationship between the federal government and the tribes to establish clear, legal definitions regarding land rights, applicability of environmental laws, and financial responsibilities. Such actions will allow provision of adequate funding and training to tribal leaders and resource managers, government agency personnel responsible for biodiversity conservation and land management, and environmental policy makers. Increased capacity, cooperation, and

  19. Browse Title Index

    African Journals Online (AJOL)

    Items 451 - 500 of 652 ... Vol 19, No 1 (2016), The admission and enrolment of foreign legal ... the Legal Practice Act: International Trade Law and Constitutional ... documents of the 1973 and 2008 Companies Acts of South Africa, Abstract PDF.

  20. Wind power projects and Aboriginal consultation

    Energy Technology Data Exchange (ETDEWEB)

    Isaac, T. [McCarthy Tetrault LLP, Vancouver, BC (Canada)

    2006-07-01

    This presentation outlined some of the legal aspects related to Aboriginal involvement in wind power development consultation processes and disputes. Aboriginal rights are rights held by Aboriginal people that are an element of a practice, custom, or tradition integral to the culture of groups claiming such rights. Wind power developers should understand that Aboriginal rights claims may include fishing; whaling; transportation; and cultural and spiritual activities. Aboriginal title is a subcategory of Aboriginal rights, and is a right to land itself, and an encumbrance on the Crown's underlying title to land. Weak Aboriginal claims where potential infringement by energy developers is minor may only require notice and information. Strong prima facie cases for Aboriginal rights and title where the potential for infringement is of high significance may result in more extensive consultation involving interim solutions; formal Aboriginal participation in decision-making processes; and written responses demonstrating how Aboriginal concerns have been considered. There are a number of circumstances requiring a case-by-case approach, and the Crown may make decisions in the face of Aboriginal disagreement. However, energy developers should ensure that consultation processes are fair and reasonable. Conflicting interests can often be successfully resolved through consultation, and accommodation to Aboriginal rights may include mitigation, avoiding interference, and agreeing to as little infringement as possible. Aboriginal title may attach to private land but only to the Crown's underlying title. The Crown has no duty to consult respecting Aboriginal title on private land because title has already been infringed. In these cases, duty to consult and accommodate may be discharged through other regulatory processes such as environmental impact assessments. It was concluded that wind power project proponents should build a relationship with the Crown, as avoiding

  1. Gender and forum shopping in land conflict resolution in Northern Uganda

    DEFF Research Database (Denmark)

    Anying, Irene Winnie; Gausset, Quentin

    2017-01-01

    Northern Uganda has been plagued by a long and violent civil war that lasted from 1996 to 2006, during which 2.5 million people were internally displaced and placed in camps. During the conflict, Uganda adopted a new constitution and a new land act that recognised customary land tenure and the role...... played by customary institutions in resolving land disputes. Following the cessation of hostilities in 2006, people began to go back “home”, and many land conflicts ensued. Because women are generally considered as particularly vulnerable in land conflicts, they have received much attention from...... the Ugandan government, international donors, and NGOs. This article focuses on how women make use of the existing legal pluralism in Uganda to defend their interests in land disputes. It argues that land conflicts are often proxies of social conflicts, which play a major role in women's opting for customary...

  2. 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...

  3. 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.

  4. 78 FR 7809 - Notice of Realty Action: Proposed (Non-Competitive) Direct Sale of Public Land in Campbell County...

    Science.gov (United States)

    2013-02-04

    ... of all legal descriptions for parcels identified for consideration for disposal. The land, if offered... Revocable Trust. DATES: In order to ensure consideration in the environmental analysis of the proposed sale... reply during normal business hours. SUPPLEMENTARY INFORMATION: The following-described public land in...

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

    International Nuclear Information System (INIS)

    Wagner, H.

    1987-01-01

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

  6. 32 CFR 644.62 - Title evidence.

    Science.gov (United States)

    2010-07-01

    ... HANDBOOK Acquisition Procurement of Title Evidence, Title Clearance, and Closings § 644.62 Title evidence... and their charter to issue the same. They must also be financially sound and be willing and able to...

  7. Legal Nature of Criminal Proceedings Regarding the Length of the Appeal

    Directory of Open Access Journals (Sweden)

    Constantin Tanase

    2016-05-01

    Full Text Available The appeal regarding length of criminal proceedings represents a new institution of Romanian criminal procedure system, born from the need to align the procedural rules to the constitutional requirements and other internal rules, but especially from the need for harmonization with European Community rules, namely the Convention for the Protection of Human Rights and Fundamental Freedoms. To the same extent, it was aimed at forming a legal institution in line with the jurisprudence of the European Court of Human Rights. The new institution has its registered matter in art. 4881-4886 Criminal Procedure Code., Introduced by Law implementing the Code under Title IV – “Special Procedures” which recommends it from the beginning as a derogation from the common procedure. Nevertheless, given the position of remedy for excessive and unjustified extension of the criminal proceedings, as well as the judicial review, which it triggers in this regard, it raises the question of the legal nature of the appeal regarding the length of criminal proceedings. The answer to this question may affect the correct application of the institution and the improvement of judicial practice.

  8. Title to mining properties

    International Nuclear Information System (INIS)

    Crouch, K.M.

    1976-01-01

    The requirements of the law which must be met in order to create title to an unpatented mining claim and the procedures which should be followed when an attempt is made to determine the title to the claim is acceptable are reviewed

  9. Agrarian reform, land and territory: evolution in the thinking of La Via Campesina

    Directory of Open Access Journals (Sweden)

    Peter Michael Rosset

    2016-09-01

    Full Text Available The evolution of the thinking of the transnational rural social movement La Via Campesina over the past two decades, particularly concerning agrarian reform and the defense of land and territory, is analyzed from a participant-observer perspective. The rural world has changed, and the changes external to the movements, along with their internal dialogs and exchange of experiences, have generated new positions, strategies of struggle, consensuses and dilemmas.  Several issues are highlighted, such as the concept of territory, what to do with the land, relationships among actors who share territories, land occupations, titling, the state, and new rights.

  10. Legal Constraints on the Indeterminate Control of 'Dangerous' Sex Offenders in the Community: The English Perspective

    NARCIS (Netherlands)

    N. Padfield (Nicola)

    2016-01-01

    textabstractThis article explores the legal constraints imposed on the ris- ing number of so-called ‘dangerous’ sex offenders in Eng- land and Wales, in particular once they have been released from prison into the community. The main methods of constraint are strict licence conditions, Multi-Agency

  11. A REVIEW ON LEGAL TRACEABILITY OF GNSS MEASUREMENTS IN THE MALAYSIAN CADASTRAL PRACTICE

    Directory of Open Access Journals (Sweden)

    J. Gill

    2016-09-01

    Full Text Available As the dependency on Global Navigation Satellite System (GNSS in surveying has been growing over the years, the need for legal traceability of GNSS measurements has become a significant matter. In Malaysia, with the advent of the Malaysia Real-time Kinematic Network (MyRTKnet, GNSS surveying has revolutionised land survey and mapping. Correspondingly, the Department of Survey and Mapping Malaysia (DSMM amended and published standard regulations and guidelines concerning cadastral survey, i.e., Cadastral Survey Regulations 2009, to include GNSS measurements. However, these regulations and guidelines has not comprehensively incorporated legal traceability of GNSS measurements; which is a prerequisite for cadastral surveys as it requires reliable and conclusive evidence for issues such as boundary disputes. The first objective of this paper is to review and discuss the legal traceability of GNSS measurements. Secondly, it will highlight the current practice and issues, i.e., with regard to legal traceability, within the present Malaysian cadastral regulation and guidelines, in relation to the prevalently adopted Network RTK (N-RTK technique, GNSS instrument calibrations, and reference stations’ accuracy. Lastly, a rudimentary best practice guideline for GNSS surveying in cadastral survey for Malaysia is proposed. It is expected that this paper will contribute to the implementation of a best practice guideline, which is inclusive of legal traceability of GNSS measurements, for the Malaysian cadastral practice.

  12. Buying land for conservation purposes in Sonora, Mexico

    Science.gov (United States)

    S. Lucia Perez-Weil; Juan Carlos G. Bravo

    2013-01-01

    The Northern Jaguar Reserve is 50,000 acres and one of the largest privately owned wildlife preserves in Sonora. Buying land in remote parts of Sonora takes special knowledge as ownership rules may not be clear and boundaries may not be defined in the records. There are complex legal procedures to guarantee ownership in which letters of intent play a crucial role, and...

  13. 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

  14. 75 FR 10811 - Notice of Application for Recordable Disclaimer of Interest in Lands, Gem County, ID

    Science.gov (United States)

    2010-03-09

    ... a cloud of title to the land. Comments, including names and street addresses of commentors, will be available for public review at the BLM Idaho State Office (see ADDRESSES above), during regular business...

  15. Community-level policy responses to state marijuana legalization in Washington State.

    Science.gov (United States)

    Dilley, Julia A; Hitchcock, Laura; McGroder, Nancy; Greto, Lindsey A; Richardson, Susan M

    2017-04-01

    Washington State (WA) legalized a recreational marijuana market - including growing, processing and retail sales - through voter initiative 502 in November 2012. Legalized recreational marijuana retail sales began in July 2014. In response to state legalization of recreational marijuana, some cities and counties within the state have passed local ordinances that either further regulated marijuana markets, or banned them completely. The purpose of this study is to describe local-level marijuana regulations on recreational retail sales within the context of a state that had legalized a recreational marijuana market. Marijuana-related ordinances were collected from all 142 cities in the state with more than 3000 residents and from all 39 counties. Policies that were in place as of June 30, 2016 - two years after the state's recreational market opening - to regulate recreational marijuana retail sales within communities were systematically coded. A total of 125 cities and 30 counties had passed local ordinances to address recreational marijuana retail sales. Multiple communities implemented retail market bans, including some temporary bans (moratoria) while studying whether to pursue other policy options. As of June 30, 2016, 30% of the state population lived in places that had temporarily or permanently banned retail sales. Communities most frequently enacted zoning policies explicitly regulating where marijuana businesses could be established. Other policies included in ordinances placed limits on business hours and distance requirements (buffers) between marijuana businesses and youth-related land use types or other sensitive areas. State legalization does not necessarily result in uniform community environments that regulate recreational marijuana markets. Local ordinances vary among communities within Washington following statewide legalization. Further study is needed to describe how such local policies affect variation in public health and social outcomes

  16. Analysis of Discourse Structure of Cases Verdict in The District Court (A Study of Legal Language

    Directory of Open Access Journals (Sweden)

    Usman Pakaya

    2017-11-01

    Full Text Available The title of this article is the discourse structure of cases verdict in the district court (a study of legal language. This article discusses several elements that compose verdict in a criminal case, such as heading, the identity of the defendant, the attorney’s indictment, witnesses’ testimony, the testimony of the accused, and the verdict statements. This study employed the qualitative method to find out the scientific facts. This article is aimed at proving that discourse structure can be used as a framework in unraveling a case verdict.

  17. INIS: Authority list for journal titles

    International Nuclear Information System (INIS)

    2005-01-01

    This is the 31st revision of the INIS: Authority List for Journal Titles (IAEA-INIS-11). This list is published annually and includes the titles of all journals which have contained articles submitted to INIS at the time of publication. The current list contains 13,104 journal titles, 2,078 regularly scanned journals and 561 key journals. It was last updated in February 2005. The purpose of this report is to provide descriptive cataloguers with a standard entry for the full title of a journal. In addition to the full journal title, the ISSN (International Standard Serial Number), administered by the ISSN International Centre, Paris, France, and/or CODEN, assigned by Chemical Abstracts Service, USA, are given in this manual. In order to help the user find titles easily, the list is arranged in six parts, followed by summary statistics: In Part I, all key journals are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. In Part II, all key journals are sorted alphabetically under their title. The name of the country or international organization responsible for their input in INIS is entered in parentheses within the body of the entry. In Part III, all journals that are regularly scanned by INIS Centers are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. In Part IV, all journals that are regularly scanned by INIS Centers are sorted alphabetically under their title. The name of the country or international organization responsible for their input in INIS is entered in parentheses within the body of the entry. In Part V, all journals are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. In Part VI, all journals are sorted alphabetically under their title. The name of the

  18. INIS: Authority list for journal titles

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2005-03-01

    This is the 31st revision of the INIS: Authority List for Journal Titles (IAEA-INIS-11). This list is published annually and includes the titles of all journals which have contained articles submitted to INIS at the time of publication. The current list contains 13,104 journal titles, 2,078 regularly scanned journals and 561 key journals. It was last updated in February 2005. The purpose of this report is to provide descriptive cataloguers with a standard entry for the full title of a journal. In addition to the full journal title, the ISSN (International Standard Serial Number), administered by the ISSN International Centre, Paris, France, and/or CODEN, assigned by Chemical Abstracts Service, USA, are given in this manual. In order to help the user find titles easily, the list is arranged in six parts, followed by summary statistics: In Part I, all key journals are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. In Part II, all key journals are sorted alphabetically under their title. The name of the country or international organization responsible for their input in INIS is entered in parentheses within the body of the entry. In Part III, all journals that are regularly scanned by INIS Centers are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. In Part IV, all journals that are regularly scanned by INIS Centers are sorted alphabetically under their title. The name of the country or international organization responsible for their input in INIS is entered in parentheses within the body of the entry. In Part V, all journals are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. In Part VI, all journals are sorted alphabetically under their title. The name of the

  19. INIS: Authority list for journal titles

    International Nuclear Information System (INIS)

    2006-01-01

    This is the 32nd revision of the INIS: Authority List for Journal Titles (IAEA-INIS-11). This list is published annually and includes the titles of all journals which have contained articles submitted to INIS at the time of publication. The current list contains 13,231 journal titles, 2,125 regularly scanned journals and 555 key journals. It was last updated in February 2006. The purpose of this report is to provide descriptive cataloguers with a standard entry for the full title of a journal. In addition to the full journal title, the ISSN (International Standard Serial Number), administered by the ISSN International Centre, Paris, France, and/or CODEN, assigned by Chemical Abstracts Service, USA, are given in this manual. In order to help the user find titles easily, the list is arranged in six parts, followed by summary statistics: In Part I, all key journals are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. In Part II, all key journals are sorted alphabetically under their title. The name of the country or international organization responsible for their input in INIS is entered in parentheses within the body of the entry. In Part III, all journals that are regularly scanned by INIS Centres are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. In Part IV, all journals that are regularly scanned by INIS Centres are sorted alphabetically under their title. The name of the country or international organization responsible for their input in INIS is entered in parentheses within the body of the entry. In Part V, all journals are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. In Part VI, all journals are sorted alphabetically under their title. The name of the

  20. Postmining land use: economic comparison of forestry and pastureland alternatives

    Science.gov (United States)

    Charles H. Wolf

    1980-01-01

    The influence of soil properties, legal requirements, and economics on postmining land use is described, and enterprise budgets are prepared to demonstrate procedures for evaluating forest and pastureland alternatives. A comparison of cow-calf operations with hybrid poplar and black walnut plantations suggests that a combination of pastureland and black walnut...

  1. Extra-Property Legal Reserve in the Cerrado Biome: A preliminary Analysis within the Watershed Context

    Directory of Open Access Journals (Sweden)

    Fábio Carneiro Lobo

    2006-08-01

    Full Text Available This paper presents a normalized remaining vegetation index (NRVI based on land use data, which is evaluated according to three distinct minimum watershed sizes (10,000, 50,000 and 200,000 ha , whose limits were derived via SRTM data (Shuttle Radar Topography Mission. The NRVI varies from -1 (i. e. entirely converted watersheds to 1 (no conversion at all, and allows the association of land use data to numerical variables, such as social development indices. High NRVI values were found in the Northeastern watersheds of Goias State , while negative NRVI values predominated in the Southeastern and Southern portions of the study area. In compliance to the Brazilian Forest Code (i. e. permanent preservation areas and legal reserve, we estimated an NRVI value of -0.382, which is found in only 50,13% of the 10,000 ha watersheds. Although preliminary, our results suggest that NRVI can effectively serve the purposes of a transferable development rights approach (TDR regarding legal reserves in the State of Goias and Federal District.

  2. Lands with Wilderness Characteristics, Resource Management Plan Constraints, and Land Exchanges: Cross-Jurisdictional Management and Impacts on Unconventional Fuel Development in Utah's Uinta Basin

    Energy Technology Data Exchange (ETDEWEB)

    Keiter, Robert [Univ. of Utah, Salt Lake City, UT (United States); Ruple, John [Univ. of Utah, Salt Lake City, UT (United States); Holt, Rebecca [Univ. of Utah, Salt Lake City, UT (United States); Tanana, Heather [Univ. of Utah, Salt Lake City, UT (United States); McNeally, Phoebe [Univ. of Utah, Salt Lake City, UT (United States); Tribby, Clavin [Univ. of Utah, Salt Lake City, UT (United States)

    2012-10-01

    Utah is rich in oil shale and oil sands resources. Chief among the challenges facing prospective unconventional fuel developers is the ability to access these resources. Access is heavily dependent upon land ownership and applicable management requirements. Understanding constraints on resource access and the prospect of consolidating resource holdings across a fragmented management landscape is critical to understanding the role Utah’s unconventional fuel resources may play in our nation’s energy policy. This Topical Report explains the historic roots of the “crazy quilt” of western land ownership, how current controversies over management of federal public land with wilderness character could impact access to unconventional fuels resources, and how land exchanges could improve management efficiency. Upon admission to the Union, the State of Utah received the right to title to more than one-ninth of all land within the newly formed state. This land is held in trust to support public schools and institutions, and is managed to generate revenue for trust beneficiaries. State trust lands are scattered across the state in mostly discontinuous 640-acre parcels, many of which are surrounded by federal land and too small to develop on their own. Where state trust lands are developable but surrounded by federal land, federal land management objectives can complicate state trust land development. The difficulty generating revenue from state trust lands can frustrate state and local government officials as well as citizens advocating for economic development. Likewise, the prospect of industrial development of inholdings within prized conservation landscapes creates management challenges for federal agencies. One major tension involves whether certain federal public lands possess wilderness character, and if so, whether management of those lands should emphasize wilderness values over other uses. On December 22, 2010, Secretary of the Interior Ken Salazar issued

  3. 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

  4. 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....

  5. 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...

  6. 7 CFR 1927.55 - Title clearance services.

    Science.gov (United States)

    2010-01-01

    ... REGULATIONS TITLE CLEARANCE AND LOAN CLOSING Real Estate Title Clearance and Loan Closing § 1927.55 Title clearance services. (a) Responsibilities of closing agents. Services to be provided to the agency and the borrower by a closing agent in connection with the transaction vary depending on whether a title insurance...

  7. Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

    OpenAIRE

    Caroline Lydia Hart

    2012-01-01

    Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

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

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

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

  9. 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.

  10. Sea-land limits: a case study

    Directory of Open Access Journals (Sweden)

    Afranio R. de Mesquita

    2011-12-01

    Full Text Available The limits between sea and land were estimated at "Pulso" beach located in the Southeastern Brazilian shelf (φ = 23°33/17.4886"S; Λ = 045° 13'13.0504"W - WGS84, between the island of São Sebastião and the city of Ubatuba, SP, Brazil. The relative sea level of the year 1831 at "Pulso" beach, as per Brazilian law Number 9760 dated from 1946, was estimated and materialized. The retro-estimation allowed the demarcation of the Legal Sea-Land Limits at "Pulso" beach as per the terms of the law. The accuracy of the procedure for the transference of the long-term sea level from the research station of Ubatuba to "Pulso" beach was assessed by parallel work of geometrical leveling referred to the IBGE (Brazilian Institute of Geography and Statistics geodetic network. The motivation, the hypotheses (Brest, Cananeia and IPCC and the methods here used are described, together with a short history of the Legal Sea-Land Limits. The results indicated that the legal Sea-Land Limits at "Pulso" beach are well within the beach area. They were determined as per law 9760, and there is the need to reactivate the national network of sea level gauge.Os limites entre mar e terra foram estimados na praia chamada Pulso, localizada na costa sudeste do Brasil (φ = 23°33'17, 4886"S; Λ = 045°13'13, 0504"W entre a Ilha de São Sebastião e a cidade de Ubatuba, no Estado de São Paulo, SP, Brasil. O nível relativo do mar do ano de 1831 na praia do Pulso, ou "Praia do Pulso" (PP, foi estimado e materializado, de acordo com a Lei brasileira Número 9760 de 1946. A acurácia do procedimento foi acompanhada por trabalho paralelo de nivelamento geométrico referido ao sistema nacional de geodésia do IBGE (Instituto Brasileiro de Geografia e Estatística. A motivação, as hipóteses (Brest, Cananeia e IPCC e os métodos utilizados são descritos, acompanhados por um breve histórico dos "Terrenos de Marinha". Os resultados indicaram que os limites em (PP estão bem dentro

  11. Age of Legal Capacity (Scotland) Act 1991. [Excerpt. 25 July 1991].

    Science.gov (United States)

    1991-01-01

    Section 1 of this Act provides as a general rule that persons under the age of 16 shall have no legal capacity to enter into transactions, but that persons over the age of 16 shall have such legal capacity. Section 1 also provides that this general rule does not apply to cases involving transactions entered into before the commencement of the Act, does not affect the criminal responsibility of any person or legislation in which specific ages are stipulated, and does not prevent a person under age 16 from receiving or holding any right, title, or interest or exercising parental rights with respect to his or her child. Section 2 makes further exceptions to this rule for persons under the age of 16 with respect to reasonable transactions commonly entered into by children, making a will, consenting to adoption, and consenting to medical treatment. Among other things, it provides that "a person under the age of 16 years shall have legal capacity to consent on his own behalf to any surgical, medical, or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment." Further provisions of the Act authorize a court to set aside transactions made by a person between the ages of 16 and 18 that are prejudicial transactions (Section 3) and to ratify proposed transactions by persons of the same age (Section 4). This Act is applicable only to Scotland.

  12. Practice points on three aspects of oil and gas property transactions - operatorship, confidentiality and title review

    International Nuclear Information System (INIS)

    Edwards, P.D.

    1999-01-01

    Practice points regarding three aspects of oil and gas property transactions were described. The first topic dealt with purchase and sale transactions and how to determine which party is entitled to act as the Operator following the sale of the Operator's interest. The second topic addressed issues of confidentiality in connection with oil and gas transactions. The final point discussed contractual provisions relating to title defects, along with their many variations and legal consequences. All three of these topics present issues which give rise to a surprising number of disputes, but which frequently receive only cursory attention in the negotiation and documentation of oil and gas transactions

  13. National Ignition Facility Title II Design Plan

    International Nuclear Information System (INIS)

    Kumpan, S

    1997-01-01

    This National Ignition Facility (NIF) Title II Design Plan defines the work to be performed by the NIF Project Team between November 1996, when the U.S. Department of Energy (DOE) reviewed Title I design and authorized the initiation of Title H design and specific long-lead procurements, and September 1998, when Title 11 design will be completed

  14. Perils of project development on public land open to mining

    International Nuclear Information System (INIS)

    Jacobs, W.R.

    1991-01-01

    Conducting a government project on public land open to the general mining laws can result in added costs, legal entanglements, schedule uncertainties, and the potential for unanticipated safety issues and concerns due to interactions with mining claimants. Planning for such projects must include a careful assessment of not only land access needs and restrictions, but also possible scenarios for conflict with activities authorized under the general mining laws throughout the life of the project. It is essential to have a thorough knowledge of the applicable mining laws and how they are currently being interpreted and applied by the responsible regulatory authorities and land managers. The Yucca Mountain Project approach to land access, problems encountered with mining claims filed under the Mining Law of 1872, and the lessons learned from these experiences are discussed in this paper

  15. 24 CFR 202.12 - Title II.

    Science.gov (United States)

    2010-04-01

    ... INSTITUTIONS AND MORTGAGEES Title I and Title II Specific Requirements § 202.12 Title II. (a) Tiered pricing—(1... rate up to two percentage points under the mortgagee's customary lending practices must be based on... after accounting for the value of servicing rights generated by making the loan and other income to the...

  16. INIS: Authority list for journal titles

    International Nuclear Information System (INIS)

    2007-01-01

    This is the 33rd revision of the INIS: Authority List for Journal Titles (IAEA-INIS-11). This list is published annually and includes the titles of all journals which have contained articles submitted to INIS at the time of publication. The current list contains 13 396 journal titles, 2 170 regularly scanned journals and 578 key journals. It was last updated in February 2007. A journal - or periodical - is a continuing publication issued in a succession of discrete parts, usually bearing numbering and/or chronological designations and intended to be continued indefinitely. It is generally published within a defined, fixed interval between issues and normally appears more than once per year. It includes a mixture of articles, letters, summaries, etc. Within this definition, annuals such as the Annual Review of Nuclear Science are included, but series titles such as the McGraw-Hill Series in Nuclear Engineering are not. The purpose of this document is to provide descriptive cataloguers with standard elements to include in bibliographic level 'S' of the INIS record. These elements include field (tag) 229 (Full Journal Title), 320 (ISSN) and 321 (CODEN). The full journal title is mandatory, and either the ISSN or the CODEN must be included (both may appear). Instructions on how to use this and other elements of the INIS record format are found in INIS: Guide to Bibliographic Description (IAEA-INIS-1). In order to help the user find titles easily, the list is arranged in six parts, followed by summary statistics: - In Part I, all key journals are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. - In Part II, all key journals are sorted alphabetically under their title. The name of the country or international organization responsible for their input in INIS is entered in parentheses within the body of the entry. - In Part III, all journals that are regularly scanned by

  17. 76 FR 74844 - Public Notice for Waiver of Aeronautical Land-Use Assurance at Auburn-Lewiston Municipal Airport...

    Science.gov (United States)

    2011-12-01

    ... proposed legal description of the parcel to be designated as non-aeronautical use: A certain lot or parcel of land located on the westerly side of Hotel Road, in the City of Auburn, County of Androscoggin... found on the westerly right-of-way line of Hotel Road at the northeasterly corner of land N/F of Robert...

  18. 20 CFR 416.573 - How much will we withhold from your title II and title VIII benefits to recover a title XVI...

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false How much will we withhold from your title II... Payment of Benefits, Overpayments, and Underpayments § 416.573 How much will we withhold from your title...-due benefits. (b)(1) We will collect the overpayment from current monthly benefits due in a month by...

  19. 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.

  20. 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

  1. Minerals, lands, and geology for the common defence and general welfare, Volume 4, 1939-1961: A history of geology in relation to the development of public-land, federal science, and mapping policies and the development of mineral resources in the United States from the 60th to the 82d year of the U.S. Geological Survey

    Science.gov (United States)

    Rabbitt, Mary C.; Nelson, Clifford M.

    2015-01-01

    The fourth volume of the comprehensive history of the U.S. Geological Survey (USGS) is titled “Minerals, Lands, and Geology for the Common Defence and General Welfare—Volume 4, 1939‒1961.” The title is based on a passage in the preamble of the U.S. Constitution.

  2. Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

    NARCIS (Netherlands)

    Feteris, E.T.

    2017-01-01

    This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

  3. Psycho-social processes in dealing with legal innovation in the community: insights from biodiversity conservation.

    Science.gov (United States)

    Castro, Paula; Mouro, Carla

    2011-06-01

    Mitigation measures for tackling the consequences of a changing climate will involve efforts of various types including the conservation of affected ecosystems. For this, communities throughout the world will be called on to change habits of land and water use. Many of these changes will emerge from the multilevel governance tools now commonly used for environmental protection. In this article, some tenets of a social psychology of legal innovation are proposed for approaching the psycho-social processes involved in how individuals, groups and communities respond to multilevel governance. Next, how this approach can improve our understanding of community-based conservation driven by legal innovation is highlighted. For this, the macro and micro level processes involved in the implementation of the European Natura 2000 Network of Protected Sites are examined. Finally, some insights gained from this example of multilevel governance through legal innovation will be enumerated as a contribution for future policy making aimed at dealing with climate change consequences.

  4. INIS: Authority list for journal titles

    International Nuclear Information System (INIS)

    2008-01-01

    This is the 34th revision of the INIS: Authority List for Journal Titles (IAEA-INIS-11). This list is published annually and includes the titles of all journals which have contained articles submitted to INIS at the time of publication. The current list contains 13 538 journal titles, 2 106 regularly scanned journals and 613 key journals. It was last updated in February 2008. A journal - or periodical - is a continuing publication issued in a succession of discrete parts, usually bearing numbering and/or chronological designations and intended to be continued indefinitely. It is generally published within a defined, fixed interval between issues and normally appears more than once per year. It includes a mixture of articles, letters, summaries, etc. Within this definition, annuals such as the Annual Review of Nuclear Science are included, but series titles such as the McGraw-Hill Series in Nuclear Engineering are not. The purpose of this document is to provide descriptive cataloguers with standard elements to include in bibliographic level 'S' of the INIS record. These elements include field (tag) 229 (Full Journal Title), 320 (ISSN) and 321 (CODEN). The full journal title is mandatory, and either the ISSN or the CODEN must be included (both may appear). Instructions on how to use this and other elements of the INIS record format are found in INIS: Guide to Bibliographic Description (IAEA-INIS-1). In order to help the user find titles easily, the list is arranged in six parts, followed by summary statistics: - In Part I, all key journals are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. - In Part II, all key journals are sorted alphabetically under their title. The name of the country or international organization responsible for their input in INIS is entered in parentheses within the body of the entry. - In Part III, all journals that are regularly scanned by

  5. The Legal Design of Sustainability Criteria on Biofuels Used by the European Union

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    2013-01-01

    This article describes the legal power of the European Union - and the use of this power - to promote the sustainable use of biofuels by formally binding criteria in the Renewable Energy Directive. The use of the criteria has the twofold goal of making it possible to reduce greenhouse gas emissions...... caused by the use of fuels and to prevent the conversion of land characterized by high carbon stock and high biodiversity for biofuel production....

  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. 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 ...

  8. 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.

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

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

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

  10. 75 FR 1749 - Notice of Meeting; Federal Lands Recreation Enhancement Act (Title VIII, Pub. L. 108-447)

    Science.gov (United States)

    2010-01-13

    ... DEPARTMENT OF AGRICULTURE Forest Service Notice of Meeting; Federal Lands Recreation Enhancement... Management in Oregon and Washington, under the Federal Lands Recreation Enhancement Act of 2004. DATES: The conference call will be held on February 2, 2010 from 12:30 p.m. to 4:30 p.m. A public input session will be...

  11. Mapping Indigenous land management for threatened species conservation: An Australian case-study.

    Science.gov (United States)

    Renwick, Anna R; Robinson, Catherine J; Garnett, Stephen T; Leiper, Ian; Possingham, Hugh P; Carwardine, Josie

    2017-01-01

    Much biodiversity lives on lands to which Indigenous people retain strong legal and management rights. However this is rarely quantified. Here we provide the first quantitative overview of the importance of Indigenous land for a critical and vulnerable part of biodiversity, threatened species, using the continent of Australia as a case study. We find that three quarters of Australia's 272 terrestrial or freshwater vertebrate species listed as threatened under national legislation have projected ranges that overlap Indigenous lands. On average this overlap represents 45% of the range of each threatened species while Indigenous land is 52% of the country. Hotspots where multiple threatened species ranges overlap occur predominantly in coastal Northern Australia. Our analysis quantifies the vast potential of Indigenous land in Australia for contributing to national level conservation goals, and identifies the main land management arrangements available to Indigenous people which may enable them to deliver those goals should they choose to do so.

  12. Quarterly title list for the period ending June 1980

    International Nuclear Information System (INIS)

    1980-01-01

    The title list contains: a) 17 titles and abstracts of laboratory reports, b) 36 titles of publications (32 with abstracts), c) 13 titles of articles submitted for publication (12 with abstracts), and d) 72 titles of lectures (52 with abstracts.) (GG) [de

  13. Title of the paper goes here second line

    Indian Academy of Sciences (India)

    %%Please download if these packages are not included %%in your local TeX distribution %%txfonts,balance,textcase,float %% \\begin{document} %%paper title %%For line breaks, \\\\ can be used within title \\title{Title of the paper goes here\\\\ second line} %%author names are separated by comma (,) %%use \\and before ...

  14. 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

  15. INIS: Authority list for journal titles

    International Nuclear Information System (INIS)

    2009-01-01

    This is the 35th revision of the INIS: Authority List for Journal Titles (IAEA-INIS-11). This list is published annually and includes the titles of all journals which have contained articles submitted to INIS at the time of publication. The current list contains 13 750 journal titles, 1 965 regularly scanned journals and 593 key journals. It was last updated in March 2009. A journal - or periodical - is a continuing publication issued in a succession of discrete parts, usually bearing numbering and/or chronological designations and intended to be continued indefinitely. It is generally published within a defined, fixed interval between issues and normally appears more than once per year. It includes a mixture of articles, letters, summaries, etc. Within this definition, annuals such as the Annual Review of Nuclear Science are included, but series titles such as the McGraw-Hill Series in Nuclear Engineering are not. The purpose of this document is to provide descriptive cataloguers with standard elements to include in bibliographic level 'S' of the INIS record. These elements include field (tag) 229 (Full Journal Title), 320 (ISSN) and 321 (CODEN). The full journal title is mandatory, and either the ISSN or the CODEN must be included (both may appear). Instructions on how to use this and other elements of the INIS record format are found in INIS: Guide to Bibliographic Description (IAEA-INIS-1). In order to help the user find titles easily, the list is arranged in six parts, followed by summary statistics: - In Part I, all key journals are grouped under the name of the country or international organization responsible for their input in INIS, then sorted alphabetically under their title. - In Part II, all key journals are sorted alphabetically under their title. The name of the country or international organization responsible for their input in INIS is entered in parentheses within the body of the entry. - In Part III, all journals that are regularly scanned by the

  16. 24 CFR 203.385 - Types of satisfactory title evidence.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Types of satisfactory title... Title Waivers § 203.385 Types of satisfactory title evidence. The following types of title evidence shall be satisfactory to the Commissioner: (a) Fee or owner's title policy. A fee or owner's policy of...

  17. Higher landing accuracy in expert pilots is associated with lower activity in the caudate nucleus.

    Directory of Open Access Journals (Sweden)

    Maheen M Adamson

    Full Text Available The most common lethal accidents in General Aviation are caused by improperly executed landing approaches in which a pilot descends below the minimum safe altitude without proper visual references. To understand how expertise might reduce such erroneous decision-making, we examined relevant neural processes in pilots performing a simulated landing approach inside a functional MRI scanner. Pilots (aged 20-66 were asked to "fly" a series of simulated "cockpit view" instrument landing scenarios in an MRI scanner. The scenarios were either high risk (heavy fog-legally unsafe to land or low risk (medium fog-legally safe to land. Pilots with one of two levels of expertise participated: Moderate Expertise (Instrument Flight Rules pilots, n = 8 or High Expertise (Certified Instrument Flight Instructors or Air-Transport Pilots, n = 12. High Expertise pilots were more accurate than Moderate Expertise pilots in making a "land" versus "do not land" decision (CFII: d' = 3.62 ± 2.52; IFR: d' = 0.98 ± 1.04; p<.01. Brain activity in bilateral caudate nucleus was examined for main effects of expertise during a "land" versus "do not land" decision with the no-decision control condition modeled as baseline. In making landing decisions, High Expertise pilots showed lower activation in the bilateral caudate nucleus (0.97 ± 0.80 compared to Moderate Expertise pilots (1.91 ± 1.16 (p<.05. These findings provide evidence for increased "neural efficiency" in High Expertise pilots relative to Moderate Expertise pilots. During an instrument approach the pilot is engaged in detailed examination of flight instruments while monitoring certain visual references for making landing decisions. The caudate nucleus regulates saccade eye control of gaze, the brain area where the "expertise" effect was observed. These data provide evidence that performing "real world" aviation tasks in an fMRI provide objective data regarding the relative expertise of pilots and brain regions

  18. Housing and Urbanization in Africa : Unleashing a Formal Market Process

    OpenAIRE

    Paul COLLIER

    2012-01-01

    In many African countries a market for private provision of formal sector mass housing is largely absent. This is not inevitable, but is the consequence of policy failure surrounding five key issues. The affordability of housing, with costs often inflated by inappropriate building regulations and inefficient construction sectors; lack of clarity in land titling and legal enforcement; lack of innovation in supply of housing finance; failure to supply supporting infrastructure and to capture de...

  19. 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

  20. Formulating the Right Title for a Research Article.

    Science.gov (United States)

    Bavdekar, Sandeep B

    2016-02-01

    Title is an important part of the article. It condenses article content in a few words and captures readers' attention. A good title for a research article is the one which, on its own, is able to introduce the research work to the fullest extent, but in a concise manner. Writing scientific titles that are informative and attractive is a challenging task. This communication describes the importance of titles and the methods of creating appropriate titles for research papers. © Journal of the Association of Physicians of India 2011.

  1. 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

  2. Restitutionary Road: Reflecting on Good Governance and the Role of the Land Claims Court

    Directory of Open Access Journals (Sweden)

    JM Pienaar

    2011-06-01

    Full Text Available Although 95% of all claims that had been submitted by 1998 have indeed been processed, a mere 49% of the land that was restored since 1994 housed successful enterprises by the end of 2010. Accordingly, sixteen years into the restitution process the statistics are rather disappointing. Restitution of land as a land reform mechanism is a unique temporal process that involves various role players. This contribution focuses on the role that the Land Claims Court has to play within the context of “good governance”. In this regard the legislative and policy frameworks within which restitution and the Land Claims Court operate, are first set out after which the unique characteristics of the restitution programme are highlighted. Although the main function of the Land Claims Court is to grapple with and adjudicate on legal issues, it also has a role to play in effecting good governance. This may be done by its involvement in the legal process leading up to the finalization of claims by issuing directives, acting as a review forum and by removing land from the restitution process under section 34 of the Restitution Act. However, a more pro-active role may be played by the Court by its involvement in deciding the exact form of restitution or restoration in a particular case. In this regard the Court can find that restitution has to be conditional and that certain requirements have to be met in order for the process to be effective and successful. With reference to Baphiring Community v Uys and Others (Case number LCC 64/1998 it is clear that a pro-active approach would require the Court to engage in difficult, often conflicting, issues and to embark on in-depth investigations and analyses where necessary.

  3. 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

  4. Renewable Energy Assessment of Bureau of Reclamation Land and Facilities Using Geographic Information Systems

    Energy Technology Data Exchange (ETDEWEB)

    Heimiller, D.; Haase, S.; Melius, J.

    2013-05-01

    This report summarizes results of geographic information system screening for solar and wind potential at select Bureau of Reclamation lands in the western United States. The study included both utility-scale and facility-scale potential. This study supplements information in the report titled Renewable Energy Assessment for the Bureau of Reclamation: Final Report.

  5. Land Administration System structured Land rent residuals and China’s urban sprawl – A Case Study of Dashi, Guangzhou

    Directory of Open Access Journals (Sweden)

    Liu Xuan

    2012-01-01

    Full Text Available Urban sprawl has been at the centre of current debate on urban structure. Compared to the rich literature on urban sprawl in Western cities, relatively little is known about the physical consequence and the causes of urban sprawl in China. In China, for peasant collective-owned land (COL, land use right cannot be sold, transferred or leased for non-agricultural construction’. COL could be developed until it is acquired and leased out by the government. Through the process of land acquisition, the peasants could only get the compensation for 30 years' average of annual agricultural production value in addition to compensation for attachments, crops and vegetables which sometimes could hardly support the life of peasants who lost their land. To compensation for the peasants’ loss, the government would leave 10-15% of the acquired land to peasant collectives as Collectively Owned Economic Development Land (COEDL, allowing it used for industrial or commercial purpose. However, development of COEDL manifested to have low development density, quality and output. With a property rights approach, this research evaluates the development process of COEDL in Guangzhou. It has been revealed that high cost to obtain the permit of land use change (nongzhuanyong zhibiao, and to provide infrastructure and public facilities reduce the incentives of peasants to use COEDL legally and more efficiently. Furthermore, as COEDL is forbidden to transfer or mortgage, the financing ability of peasant collectives is thus impaired severely, allowing them only low investment on development. Use of COEDL thus contributes to urban sprawl in China.

  6. 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...

  7. 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

  8. Cross-boundary management between national parks and surrounding lands: A review and discussion

    Science.gov (United States)

    Schonewald-Cox, Christine; Buechner, Marybeth; Sauvajot, Raymond; Wilcox, Bruce A.

    1992-03-01

    Protecting biodiversity on public lands is difficult, requiring the management of a complex array of factors. This is especially true when the ecosystems in question are affected by, or extend onto, lands outside the boundaries of the protected area. In this article we review recent developments in the cross-boundary management of protected natural resources, such as parks, wildlife reserves, and designated wilderness areas. Five ecological and 11 anthropic techniques have been suggested for use in cross-boundary management. The categories are not mutually exclusive, but each is a distinct and representative approach, suggested by various authors from academic, managerial, and legal professions. The ecological strategies stress the collection of basic data and documentation of trends. The anthropic techniques stress the usefulness of cooperative guidelines and the need to develop a local constituency which supports park goals. However, the situation is complex and the needed strategies are often difficult to implement. Diverse park resources are influenced by events in surrounding lands. The complexity and variability of sources, the ecological systems under protection, and the uncertainty of the effects combine to produce situations for which there are no simple answers. The solution to coexistence of the park and surrounding land depends upon creative techniques and recommendations, many still forthcoming. Ecological, sociological, legal, and economic disciplines as well as the managing agency should all contribute to these recommendations. Platforms for change include legislation, institutional policies, communication, education, management techniques, and ethics.

  9. The new contaminated land power: the implications for petrol retailers

    Energy Technology Data Exchange (ETDEWEB)

    Doolittle, I.

    1995-08-01

    The likely effects of the new contaminated land power, legislation, which is about to become law, are discussed for petroleum retail sites. These sites are owned and operated in a variety of ways and it is expected that as regulations become more rigorous, the number of legal suits against previous owners is set to rise sharply. The various complications of ownership, and liability are also considered. (UK)

  10. The new contaminated land power: the implications for petrol retailers

    International Nuclear Information System (INIS)

    Doolittle, I.

    1995-01-01

    The likely effects of the new contaminated land power, legislation, which is about to become law, are discussed for petroleum retail sites. These sites are owned and operated in a variety of ways and it is expected that as regulations become more rigorous, the number of legal suits against previous owners is set to rise sharply. The various complications of ownership, and liability are also considered. (UK)

  11. PROBLEMS DRAFTING OF LAND USE TO ESTABLISH THE LIMITS RESTRICTIONS IN THE USE OF LAND AND THE OBJECT WITH REGIME

    Directory of Open Access Journals (Sweden)

    Y.Dorosh

    2016-10-01

    Full Text Available Analyzed the legal framework of restrictions in land use and their regime facilities (laws, regulations, rules, regulations, standards and classifications. Found that the current classification provides for the conduct of State Land Cadastre is flawed because it does not cover all kinds of restrictions, making impossible to use it for practical purposes. Therefore, we proposed territorial restrictions in the use of land classified by types and species. The classification confirms expediency to distinguish meaningful component of the project land to establish limits restrictions in land use and their rezhymoutvoryuyuchyh objects from the standard procedure of development for all types of project documentation provided by the Law of Ukraine "On Land Management". The article contains an updated block model for the drafting of land to establish the limits of restrictions on land use and regime facilities.The project land boundaries to establish restrictions on land use and regime facilities include: 1 drafting task on land; 2 an explanatory note; 3 the decision of the local government of drafting; 4 characterization of the natural environment; 5 certificate containing a summary of land (territory; 6 Cartogram agro-industrial groups of soils and steep slopes; 7 geodetic surveys and materials of Land Management 8 information on the current state of land use and protection (including registered in the State Land Cadastre restrictions on land use; 9 description of the territory by establishing usage of land of natural reserve fund and other environmental protection, health, recreational, historical, cultural, forestry purposes, land and water resources protection zones, restrictions in land use and their regime facilities; 10 within the limits the settlement - a copy of the graphic part of the master plan of settlement (if applicable, and outside the village - a copy of the appropriate planning documentation (if any and a copy of the decision on the

  12. Quarterly title list for the period ending September 1976

    International Nuclear Information System (INIS)

    1976-01-01

    The title list of the Max-Planck-Institut fuer Plasmaphysik and the Projektgruppe fuer Laserforschung of the MPG is concerned with the period from July until September 1976, and it contains: a) 12 titles and abstracts of laboratory reports, b) 37 titles of publications (30 abstracts), c) 20 titles of articles submitted for publication (16 abstracts), and d) 25 titles of lectures (12 abstracts). (GG) [de

  13. Oil Companies, Reindeer-Herding Communities, and Local Authorities: Rights to Land from the Perspective of Various Stakeholders

    Directory of Open Access Journals (Sweden)

    Svetlana Tulaeva

    2014-10-01

    Full Text Available This article is devoted to the consideration of land disputes between oil companies and reindeer-herding communities. This research analyzes the legal framework within which the participants of conflict act, with particular reference to legal anthropology. Most of the focus is not so much on formal laws as on the way in which they are understood and interpreted by the participants in relations. It is shown that various groups are guided by different laws and regulations, determining for themselves their priority over others. Emphasis is placed on the role of custom and the way in which it influences the appeal of locals to the state legal system. Starting from the specificity of legal environment, this article explains the use by the participants of conflicts of various strategies to settle them.

  14. Legality in multiple legal orders

    NARCIS (Netherlands)

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

    2010-01-01

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

  15. Specialization of the Land Administration Domain Model (LADM) : Modelling on non-formal RRR

    NARCIS (Netherlands)

    Paasch, J.; Van Oosterom, P.J.M.; Lemmen, C.H.J.; Paulsson, J.

    2013-01-01

    This paper proposes a more detailed classification of the legal part of the LADM, ISO 19152, (i.e. interests in land) than possible in the current standard (ISO, 2012) today and is an attempt to raise awareness of the possibilities to further develop the LADMs ‘right’, ‘restriction’ and

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

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

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

  17. Land Use, Land Conservation, and Wind Energy Development Outcomes in New England

    Science.gov (United States)

    Weimar, William Cameron

    exists for regional land use energy plans; (4) The wind resources of Western Massachusetts can significantly contribute to the state's current renewable portfolio standard while balancing conservation and renewable energy development objectives; However, (5) a combination of exurban residential development and conservation easements significantly reduces wind power development potential over time; and (6) a need exists to legally define wind as a publicly beneficial resource.

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

    Directory of Open Access Journals (Sweden)

    Dmitriy E. Nekrasov

    2014-09-01

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

  19. Research on the Enhancement Effects of Using Ecological Principles in Managing the Lifecycle of Industrial Land

    Directory of Open Access Journals (Sweden)

    Libin Guo

    2018-06-01

    Full Text Available This paper introduces a performance level concept for industrial land use. The performance level concept uses ecological principles to evaluate index systems for industrial land. We used this concept to integrate local economics, land use, development potential, environmental health and ecosystem management with innovation, harmony, floral preservation, and shared land use. The concept helps promote the efficient use of industrial land and the sustainable use of land resources. We used the chemical medicine manufacturing industry in Chongqing Changshou Economic and Technological Development Zone as a case study. We selected eight companies for analysis and calculated an industrial land performance level for each company. We created three industrial land performance levels: growth potential type, positive development type, and inefficient recession type. To determine economic development and land sustainability, we applied administrative, economic, legal and technical measures to evaluate the entire lifecycle of industrial land. This lifecycle included preliminary project audit access, mid-period dynamic supervision and post land exit management. We conclude by proposing measures to mitigate environmental harm occurring from the intensive use of land for industrial use.

  20. An overview of 3D cadastre from a physical land parcel and a legal property object perspective

    NARCIS (Netherlands)

    Karki, S.; McDougall, K.; Thompson, R.J.

    2010-01-01

    The physical land parcel based model of representing, storing and manipulating cadastral data, which includes two-dimensional geometry as well as the rights, restrictions and responsibilities attached to it, has largely been very successful in dealing with the present needs of land administration.

  1. 24 CFR 202.11 - Title I.

    Science.gov (United States)

    2010-04-01

    ... in 24 CFR 25.5. Civil money penalties may be imposed against Title I lenders and mortgagees pursuant... unacceptable risk to the Department; or (iv) Transfer of a Title I loan to a party that does not have a valid...

  2. 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.

  3. 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

  4. 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

  5. Ch'ixi landscapes

    DEFF Research Database (Denmark)

    Anthias, Penelope Fay

    2017-01-01

    ethnographically through an examination of everyday life in a legally recognized Native Community Land in the Bolivian Chaco. Drawing on Bolivian Aymara scholar Silvia Rivera Cusicanqui’s notion of ch’ixi, I argue that indigenous territories are neither ontologically separate from, nor entirely subsumed by......, capitalist development processes. Rather, they are subject to multiple land values, ontologies, and investments. A contested indigenous land titling process, capitalist labor relations, hydrocarbon compensation money, and efforts to maintain relations with spirit beings are all interwoven in the fabric......Contemporary debates around the ontological turn have pitted efforts to take indigenous ontologies seriously against demands to make visible the forms of dispossession and environmental suffering that characterize the (post)colonial and capitalist present. Meanwhile, a growing array of governmental...

  6. How property title impacts urban consolidation

    DEFF Research Database (Denmark)

    Easthope, Hazel; Warnken, Jan; Sherry, Cathy

    2014-01-01

    Continuing urbanisation is triggering an increase in multi-titled housing internationally. This trend has given rise to a substantial research interest in the social consequences of higher density living. Little enquiry, however, has been directed to examining how property title subdivisions gene...

  7. Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

    This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

  8. 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.

  9. 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...

  10. 76 FR 2132 - Notice of Intent To Prepare Land Protection Plan and Associated NEPA Documents for the Proposed...

    Science.gov (United States)

    2011-01-12

    ... following: advise other agencies, Tribal governments, and the public of our intentions and obtain... through fee title purchases, leases, conservation easements, conservation and mitigation banks, lands set... represents the convergence of conservation efforts of a variety of agencies and organizations and is a...

  11. The ties that bind: what's in a title?

    Science.gov (United States)

    Neuhaus, Susan J

    2018-03-01

    Many Australian and New Zealand surgeons use the title 'Mister' rather than 'Doctor', a practice dating back to traditions established over 600 years ago. The Royal Australasian College of Surgeons is currently undergoing a period of critical self-reflection, embodied by its 'Respect' campaign. Active measures to embrace diversity and encourage women into surgery are underway. This paper reviews the historical basis to the use of gendered titles and their current use amongst fellows. De-identified demographic data from the college register of active fellows was searched by self-identified title, country or state, and gender. Data were further reviewed by surgical sub-specialty and year of fellowship. The college dataset suggests that there is significant variance in the preference for gendered titles, determined predominantly by geography rather than specialty. The highest use of gendered titles (by male and female surgeons) was in Victoria/Tasmania (58% male, 22% female) and New Zealand (81% male, 17% female). By contrast, only 2% of female surgeons in other states elected a gendered title (Miss/Mrs/Ms). Surgery is the only profession that continues to use gendered titles. As the College of Surgeons moves towards greater equity and diversity, consideration should be given to phasing out the use of gendered titles, which serve to divide rather than unite our profession. © 2017 Royal Australasian College of Surgeons.

  12. INCORPORATING GOOD LAND GOVERNANCE IN THE DISASTER REGION OF YOGYAKARTA

    Directory of Open Access Journals (Sweden)

    Sunarno Sunarno

    2016-03-01

    Full Text Available Land is one of the most major capitals in our life. Without it, sustainability of human existence is very impossible. Unfortunately, land problems in Indonesia have unique challenges compared to other countries. Many of kinds of challenges are in the form of the natural disasters. This paper is going to measure how well the principles of good governance has been incorporated in the Yogyakarta Special Region Land administration System generally by studying on the Merapi Disaster Mitigation, particularly in how  land planning for the Merapi Disaster’s victims is performed. The research methodology employs a combined research method, it means that fundamental principles in process and its output of both the doctrinal and non doctrinal approaches is synergized to based on the research’s activity unites. Configuration of  the land administration systems in achieving people prosperity has been affected by evolution of political, cultural, and legal awareness of local communities and central government policy. To conclude, incorporating a disaster response based land policy principles requires an integrated law and policy making system among parties through the implementation of good governance principle in the record of public participation voices and sustainable development interests. Notable reports illustrate that the good land governance incorporation encouraged and inspired land planning system to be more efficient and effective. Particularly in the natural disaster mitigation and reconstruction, incorporating good land governance principles furthermore encourages land policy makers to achieve the responsive land management in line with social demands and sustainable development programs.

  13. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

    Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

  14. Using 3d Bim Model for the Value-Based Land Share Calculations

    Science.gov (United States)

    Çelik Şimşek, N.; Uzun, B.

    2017-11-01

    According to the Turkish condominium ownership system, 3D physical buildings and its condominium units are registered to the condominium ownership books via 2D survey plans. Currently, 2D representations of the 3D physical objects, causes inaccurate and deficient implementations for the determination of the land shares. Condominium ownership and easement right are established with a clear indication of land shares (condominium ownership law, article no. 3). So, the land share of each condominium unit have to be determined including the value differences among the condominium units. However the main problem is that, land share has often been determined with area based over the project before construction of the building. The objective of this study is proposing a new approach in terms of value-based land share calculations of the condominium units that subject to condominium ownership. So, the current approaches and its failure that have taken into account in determining the land shares are examined. And factors that affect the values of the condominium units are determined according to the legal decisions. This study shows that 3D BIM models can provide important approaches for the valuation problems in the determination of the land shares.

  15. Practical boundary surveying legal and technical principles

    CERN Document Server

    Gay, Paul

    2015-01-01

    This guide to boundary surveying provides landowners, land surveyors, students and others with the necessary foundation to understand boundary surveying techniques and the common legal issues that govern boundary establishment.  Boundary surveying is sometimes mistakenly considered a strictly technical discipline with simple and straightforward technical solutions.  In reality, boundary establishment is often a difficult and complex matter, requiring years of experience and a thorough understanding of boundary law.  This book helps readers to understand the challenges often encountered by boundary surveyors and some of the available solutions. Using only simple and logically explained mathematics, the principles and practice of boundary surveying are demystified for those without prior experience, and the focused coverage of pivotal issues such as easements and setting lot corners will aid even licensed practitioners in untangling thorny cases. Practical advice on using both basic and advanced instruments ...

  16. Land markets, risk and distress sales in Nicaragua: the impact of income shocks on rural differentiation.

    NARCIS (Netherlands)

    Ruben, R.; Masset, E.

    2003-01-01

    Farmers in the Nicaragua countryside face substantial risk due to legal uncertainty regarding property rights, price fluctuations and limited access to rural financial markets. Income shocks can lead to obligations to sell land, can fuel differentiation processes, and can drive people into poverty.

  17. 40 CFR 300.220 - Related Title III issues.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Related Title III issues. 300.220 Section 300.220 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) SUPERFUND, EMERGENCY... PLAN Planning and Preparedness § 300.220 Related Title III issues. Other related Title III requirements...

  18. Perspective of public law in rearrangement of profit sharing system agricultural land in Indonesia

    Science.gov (United States)

    Tamsil; Susilowati, IF; Wardhana, M.

    2018-01-01

    Review of the Shared Revenue Act for better regulatory system is an important issue as a more realistic and highly feasible agrarian reform policy. The rearrangement of agricultural land tenure systems is difficult to implement because it must be done simultaneously and thoroughly plus the support of large economic and political cost allocations; Instead, allowing the use of land in market mechanisms violating the principles of fairness on profit sharing. So it needs agrarian policies that are gradual and more realistic, such as revision of Act on profit sharing. In the previous research, the characteristics of the land sharing system in Indonesia are: (1) The Revenue Sharing Agreement is seen as a personal relationship subject to the private of law, not public rules; (2) found character of unequal Patron-client relationship between landowner and farmer; (3) Different revenue sharing systems and tend to position smallholders as weak and defeated. This study aims to discuss the State’s ‘interference’ in changing the profit sharing system by limiting individual freedom on the basis of a ‘new’ perspective of profit sharing as a relative legal relation. In the future, the profit-sharing system should be able to provide legal protection for farmers, as well as landowners.

  19. 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.

  20. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

    Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

  1. Duty to notify the seller of defects in title in contracts for the international sale of goods

    Directory of Open Access Journals (Sweden)

    Fišer-Šobot Sandra S.

    2015-01-01

    Full Text Available The seller must deliver the goods which are free from any right or claim of a third party. If the seller fails to do so he will be liable for the breach of the contract. However, the buyer loses the right to rely on the provisions regulating seller's liability for defects in title if he does not give notice to the seller specifying the nature of the right or claim of the third party. In order to have legal effect, the notice must fulfill conditions regarding content, form and addressee. The buyer must notify the seller in a timely manner i.e. within a reasonable time after he has become aware or, alternatively, ought to have become aware of the right or claim. Breach of the duty to notify the seller of the defects in title is followed by severe consequences for the buyer because he loses the right to rely on the defects. However, in international sales law the buyer can exercise rights arising out of defects in title even when he fails to notify the seller in two specific cases. First, the buyer retains his rights arising out of a breach of Art. 41 and 42 if the seller knew of the right or claim of the third party and the nature of it. And second, pursuant to Art. 44 of the CISG, the buyer may reduce the price in accordance with Art. 50 or claim damages, except for loss of profit, if he has reasonable excuse for his failure to give the required notice.

  2. Land and Law in Marijuana Country: Clean Capital, Dirty Money, and the Drug War's Rentier Nexus.

    Science.gov (United States)

    Polson, Michael

    2013-11-01

    Despite its ongoing federal illegality, marijuana production has become a licit, or socially accepted, feature of northern California's real estate market. As such, marijuana is a key component of land values and the laundering of "illegal" wealth into legitimate circulation. By following land transaction practices, relations, and instruments, this article shows how formally equal property transactions become substantively unequal in light of the "il/legal" dynamics of marijuana land use. As marijuana becomes licit, prohibitionist policies have enabled the capture of ground rent by landed interests from the marijuana industry at a time when the price of marijuana is declining (in part due to its increasing licitness). The resulting "drug war rentier nexus," a state-land-finance complex, is becoming a key, if obscured, component within marijuana's contemporary political economy.

  3. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 200 of 437 ... Journal Home > Advanced Search > Browse Title Index ... prospects and realistic strategies to its implementation in Nigeria\\'s Institute of ... and Communication Technology (ICT) in information dissemination, Abstract.

  4. Browse Title Index

    African Journals Online (AJOL)

    1986), University Engineering Education and Training in Nigeria: Development, ... Vol 29, No 1 (2010), Use of Energy Method to Simulate the ... of Optimal Rational Composition of Titles Producible from Nigerian Clays ...

  5. 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...

  6. LEGAL DRAFTING IN CROATIA - CASE STUDY

    Directory of Open Access Journals (Sweden)

    Dario Đerđa

    2017-01-01

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

  7. Roadmap Through Title XX. Financing Services for Children Through Title XX and Other Programs: Manual 5.

    Science.gov (United States)

    Copeland, William C.; Iversen, Iver A.

    This manual, part of a Hecht Institute four-manual series entitled Financing Children's Services Through Title XX and Related Programs, teaches what Title XX regulations are, what they mean, and what actions and procedures are commanded by them. The first section covers the necessity of rule systems, the characteristics of a good rule system and…

  8. medico-legal an overview of some of the key legal developments in ...

    African Journals Online (AJOL)

    Enrique

    equipped to admit a child with HIV as none of its teachers ... Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg ... once they have certified that the test or treatment is in the.

  9. Medico-legal autopsies in Denmark

    DEFF Research Database (Denmark)

    Larsen, Sara Tangmose; Lynnerup, Niels

    2011-01-01

    At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

  10. Compensation for Orang AsH native land in Malaysia: The perceptions and challenges in its quantification

    Directory of Open Access Journals (Sweden)

    Anuar Alias

    2008-12-01

    Full Text Available This paper describes the results of an investigation on the challenges confronting valuers in dealing with the assessment of compensation for Orang Asli native land (OANL. In Malaysia, valuers are often ambivalent about assessing the worth of Orang Asli property rights; this is because the conventional valuation toolkits are 'ill-equipped' to cope with the multi-faceted issues involved in valuing such lands. Orang Asli view the worth of their lands from a multitude of dimensions (spiritual, cultural, communal and economic, and this often takes the value consideration far beyond that contemplated by private registered land owners. The study also looks into the compensation for native titles in o the r countries and draw s local parallel to the problem. The key issues that have been identified include the valuation approaches; land rights; monetary and nonmonetary compensation; leg al framework and; negotiation for compensation. These lead to the recommendation that the compensation issue for Orang Asli native land is need of a legislative reform .

  11. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 100 of 346 ... Journal Home > Advanced Search > Browse Title Index ... and hygiene promotion services in Rungwe district, Tanzania, Abstract .... as seen in NIgerian teaching hospital: pattern and a simple classification, Abstract.

  12. 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

  13. 33 CFR 401.1 - Short title.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Short title. 401.1 Section 401.1 Navigation and Navigable Waters SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION, DEPARTMENT OF TRANSPORTATION SEAWAY REGULATIONS AND RULES Regulations § 401.1 Short title. These regulations may be cited as the...

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

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

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

  15. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 100 of 153 ... Issue, Title. Vol 9, No 2 (2006):, Effects of efficient water utilisation on water resources development in Swaziland under climate change, Abstract .... Ethical, Indigenous and Socio-Economic Perspectives, Abstract.

  16. Inscribing Authority: Female Title Bearers in Jewish Inscriptions

    Directory of Open Access Journals (Sweden)

    Carrie Duncan

    2012-02-01

    Full Text Available This paper investigates representations of gender in the material culture of the ancient synagogue. The pertinent data are numerous dedicatory and funerary inscriptions linking individual Jews, men and women, with titles seemingly associated with leadership in Late Antique synagogues (ca. 200–600 CE. Bernadette Brooten’s influential 1982 monograph argued against the prevailing tendency to characterize these titles as indications of power, authority, and responsibility when associated with men but as meaningless flattery when applied to women. She suggests that synagogue titles denote power, authority and responsibility on all title bearers equally, both men and women. I question the continued utility of proffering female title-holders as enumerable examples of powerful women rescued from their forgotten place in history. Using theoretical insights developed by historians Elizabeth Clark and Gabrielle Spiegel, this paper will engage a comparative analysis with the work of Riet van Bremen and Saba Mahmood to develop new methods of conceptualizing women’s authority in early Jewish communities. I propose that viewing women’s synagogue titles as culturally constructed representations allows for a fruitful inquiry into how women’s titles were used by male-dominated synagogue communities in their self-articulation and public presentation of Judaism.

  17. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

    Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

  18. Does the legalization of medical marijuana increase completed suicide?

    Science.gov (United States)

    Rylander, Melanie; Valdez, Carolyn; Nussbaum, Abraham M

    2014-07-01

    Suicide is among the 10 most common causes of death in the United States. Researchers have identified a number of factors associated with completed suicide, including marijuana use, and increased land elevation. Colorado is an ideal state to test the strength of these associations. The state has a completed suicide rate well above the national average and over the past 15 years has permitted first the medical and, as 2014, the recreational use of marijuana. To determine if there is a correlation between medical marijuana use, as assessed by the number of medical marijuana registrants and completed suicides per county in Colorado. The number of medical marijuana registrants was used as a proxy for marijuana use. Analysis variables included total medical marijuana registrants, medical marijuana dispensaries per county, total suicide deaths, mechanism of suicide death, gender, total suicide hospitalizations, total unemployment, and county-level information such as mean elevation and whether the county was urban or rural. Analysis was performed with mixed model Poisson regression using generalized linear modeling techniques. We found no consistent association between the number of marijuana registrants and completed suicide after controlling for multiple known risk factors for completed suicide. The legalization of medical marijuana may not have an adverse impact on suicide rates. Given the concern for the increased use of marijuana after its legalization, our negative findings provide some reassurance. However, this conclusion needs to be examined in light of the limitations of our study and may not be generalizable to those with existing severe mental illness. This finding may have significant public health implications for the presumable increase in marijuana use that may follow legalization.

  19. 31 CFR 505.01 - Short title.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Short title. 505.01 Section 505.01 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF FOREIGN... CERTAIN MERCHANDISE BETWEEN FOREIGN COUNTRIES § 505.01 Short title. The regulations in this part may be...

  20. 18 CFR 415.1 - Short title.

    Science.gov (United States)

    2010-04-01

    ... 18 Conservation of Power and Water Resources 2 2010-04-01 2010-04-01 false Short title. 415.1 Section 415.1 Conservation of Power and Water Resources DELAWARE RIVER BASIN COMMISSION ADMINISTRATIVE MANUAL BASIN REGULATIONS-FLOOD PLAIN REGULATIONS Generally § 415.1 Short title. This part shall be known...

  1. Student Achievement in Title I Schools

    Science.gov (United States)

    Diaz, Abby T.

    2017-01-01

    This researcher seeks to answer the following question: How did two elementary Title I schools, identified as "high performing" on the first Smarter Balanced assessment, address elements of Maslow's hierarchy of needs when developing school-wide initiatives to enhance student achievement? Many students in Title I schools face barriers to…

  2. Marketing legal services on the Internet

    Directory of Open Access Journals (Sweden)

    Alicja Mikołajczyk

    2014-09-01

    Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.

  3. 77 FR 2603 - Public Notice for Waiver of Aeronautical Land-Use Assurance; Willow Run Airport; Detroit, MI

    Science.gov (United States)

    2012-01-18

    ... property for sale. The land consists of portions of the original airport parcels. These parcels were... (Wayne County Airport Authority) from the U.S. Government, General Services Administration without... with section 47107(h) of title 49, United States Code, this notice is required to be published in the...

  4. The changing purpose of mental health law: From medicalism to legalism to new legalism.

    Science.gov (United States)

    Brown, Jennifer

    2016-01-01

    The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

  5. Belief and legal philosophy: a conceptual framework for Christian scholarship in undergraduate legal education

    Directory of Open Access Journals (Sweden)

    S. de Freitas

    2009-07-01

    Full Text Available Legal education in South Africa has arrived at a discursive juncture that demands clarity on what the “purpose” of legal education should be. Debate on the purpose of legal education, more specifically for the Christian law student, becomes especially important in a society dominated by positivism, mate-rialism and pragmatism. With specific reference to the under-graduate Christian law student, this article firstly explains that the purpose of legal education should include the nurturing of the student’s belief – a belief encompassing his/her foun-dational perspective(s on reality. Secondly, in order to achieve the proper nurturing and development of the Christian law student’s belief, the importance of the teaching of legal philo-sophy is explained. In this regard, proposals are postulated pertaining to specific means by which such nurturing and development of the undergraduate Christian law student’s foundational belief can be attained.

  6. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 183 ... Journal Home > Advanced Search > Browse Title Index ... Vol 61 (2017), New interventions and sustainable solutions: .... Vol 35 (2011), Resurgence of tribal levies: Double taxation for the rural poor, Abstract PDF.

  7. Browse Title Index

    African Journals Online (AJOL)

    Items 901 - 950 of 1355 ... Journal of Applied Sciences and Environmental Management. ... Journal Home > Advanced Search > Browse Title Index .... Vol 22, No 2 (2018), Performance evaluation of a locally fabricated sawdust fired oven for ...

  8. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 465 ... Journal Home > Advanced Search > Browse Title Index ... and twinning data of an igbo kindred during the Nigerian Civil War, Abstract ... on laboratory estimations with special reference to clinical chemistry, Abstract.

  9. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 533 ... Southern African Linguistics and Applied Language Studies. ... Issue, Title ... Vol 34, No 1 (2016), Book Review: Qualitative-Quantitative Analyses of .... The complex consonants of simple CV-syllables in Zezuru, Abstract.

  10. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 644 ... Journal Home > Advanced Search > Browse Title Index. Log in or ... Ethics review n international health research: quality assurance or bureaucratic nightmare? Details ... Audit of Management of Open Fractures, Details PDF.

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    African Journals Online (AJOL)

    Items 1 - 50 of 165 ... Journal Home > Advanced Search > Browse Title Index ... Vol 43 (2011), Assessment of the Learning Commons takeoff at the University of ... the archive of South Africa's Truth and Reconciliation Commission, Abstract.

  12. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

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

  13. Land use allocation model considering climate change impact

    Science.gov (United States)

    Lee, D. K.; Yoon, E. J.; Song, Y. I.

    2017-12-01

    In Korea, climate change adaptation plans are being developed for each administrative district based on impact assessments constructed in various fields. This climate change impact assessments are superimposed on the actual space, which causes problems in land use allocation because the spatial distribution of individual impacts may be different each other. This implies that trade-offs between climate change impacts can occur depending on the composition of land use. Moreover, the actual space is complexly intertwined with various factors such as required area, legal regulations, and socioeconomic values, so land use allocation in consideration of climate change can be very difficult problem to solve (Liu et al. 2012; Porta et al. 2013).Optimization techniques can generate a sufficiently good alternatives for land use allocation at the strategic level if only the fitness function of relationship between impact and land use composition are derived. It has also been noted that land use optimization model is more effective than the scenario-based prediction model in achieving the objectives for problem solving (Zhang et al. 2014). Therefore in this study, we developed a quantitative tool, MOGA (Multi Objective Genetic Algorithm), which can generate a comprehensive land use allocations considering various climate change impacts, and apply it to the Gangwon-do in Korea. Genetic Algorithms (GAs) are the most popular optimization technique to address multi-objective in land use allocation. Also, it allows for immediate feedback to stake holders because it can run a number of experiments with different parameter values. And it is expected that land use decision makers and planners can formulate a detailed spatial plan or perform additional analysis based on the result of optimization model. Acknowledgments: This work was supported by the Korea Ministry of Environment (MOE) as "Climate Change Correspondence Program (Project number: 2014001310006)"

  14. Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality

    Directory of Open Access Journals (Sweden)

    Federica D’Alessandra

    2014-08-01

    Full Text Available In the context of Israel’s declared permanent state of exception, this article focuses on the legal protection awarded to the Palestinian populations under Israeli control. To broaden the discussion over Palestinian people’s rights, which generally focuses on the confiscation of land and the right to return, the author consciously focuses on anti-terrorism and security measures, which contribute to the creation of what the International Court of Justice has defined as an ‘associated regime’ of occupation. The article is divided into three parts. In the first part, the author discusses Israel’s domestic obligations towards Palestinians (arguing the case of both Palestinian citizens of Israel, and Palestinian residents and their de jure and de facto discrimination. The second part discusses the applicability of humanitarian law, specifically the applicability of the Fourth Geneva Convention. This section discusses the applicability of the Convention to both territories and people under Israeli control. The third part discusses the applicability of international human rights law to all territories under Israeli control and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The article posits that Israel’s rationale for the non-applicability of such legislation to the Palestinian territories and populations it controls constitutes a form of ‘alternative legality’. The article concludes that Israel’s disproportionate application of security practices and anti-terrorism measures to the Palestinian segment of its population violates Palestinian rights protected under Israel’s domestic and international legal obligations.

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

    OpenAIRE

    Lee J. Alston; Bernardo Mueller

    2007-01-01

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

  16. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 414 ... Journal Home > Advanced Search > Browse Title Index. Log in or ... of an algebraic function for the permutation of truth table columns, Abstract ... appraisal and productivity levels in selected Nigerian universities, Abstract.

  17. Science-based management of public lands in southern Nevada [Chapter 11] (Executive Summary)

    Science.gov (United States)

    Matthew L. Brooks; Jeanne C. Chambers

    2013-01-01

    Landmark legislation provides guiding principles for land management planning in southern Nevada and the rest of the United States. Such legislation includes, but is not limited to, the Forest Service Organic Administration Act of 1897 (16 U.S.C. 473-478, 479-482 and 551), National Park Service Organic Act of 1916 (U.S.C. Title 16, Secs. 1-4), Wilderness Act 1964 (P.L....

  18. Title IX: With New Opportunities, Girls' Interest Rises

    Science.gov (United States)

    Toporek, Bryan

    2012-01-01

    On June 23, 1972, President Richard M. Nixon signed into law Title IX of the Education Amendments of 1972, which prohibits gender discrimination in any federally financed education program or activity. Title IX is far-reaching, but the law is most often associated with school and college athletics. Title IX allows schools to prove their athletic…

  19. 77 FR 49478 - Public Notice for Waiver Of Aeronautical Land-Use Assurance; Sidney Municipal Airport, Sidney, OH

    Science.gov (United States)

    2012-08-16

    ... Aeronautical Land-Use Assurance; Sidney Municipal Airport, Sidney, OH AGENCY: Federal Aviation Administration... airport property nor a determination of eligibility for grant-in-aid funding from the FAA. The disposition... or at Sidney Municipal Airport, Sidney, Ohio. SUPPLEMENTARY INFORMATION: Following is a legal...

  20. 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.

  1. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 200 of 879 ... South African Journal of Higher Education. ... Browse Title Index ... in a USA school setting: Merging transition theory with a narrative approach, Abstract ... Citation analysis of theses and dissertations submitted at the ...

  2. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 130 ... Journal Home > Advanced Search > Browse Title Index. Log in or ... using the technological pedagogical content knowledge(TPACK) framework, Abstract PDF ... Tamara N. Hrin, Dušica D. Milenković, Mirjana D. Segedinac.

  3. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 278 ... Journal Home > Advanced Search > Browse Title Index ... drie paradigmas beskou: 'n eenheid, of 'n veelheid van perspektiewe? ... Vol 45, No 1 (2011), Genre pedagogy in the mediation of socially-situated literacies ...

  4. Browse Title Index

    African Journals Online (AJOL)

    Items 251 - 300 of 1260 ... Journal Home > Advanced Search > Browse Title Index ... Consumption of ammonia-nitrogen by aob in immobilized batch culture, Abstract PDF .... Vol 9, No 3S (2017): Special Issue, Design an automatic temperature ...

  5. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 147 ... Journal Home > Advanced Search > Browse Title Index .... Library (TEEAL) Database among faculty members in Federal University, ... Vol 5, No 2 (2014), Effects of corporate culture on the implementation of automation in ...

  6. Browse Title Index

    African Journals Online (AJOL)

    Items 201 - 250 of 531 ... Journal Home > Advanced Search > Browse Title Index ... thermal conductivity and viscosity in a flat plate solar collector, Abstract PDF .... similarity method in unsteady two-dimensional MHD boundary layer on the body ...

  7. A STUDY ON LAND SYSTEM INNOVATIONS IN THE CONSTRUCTION OF SMALL TOWNS IN CHINA

    Institute of Scientific and Technical Information of China (English)

    2002-01-01

    The economic development in China and the rising of the living standard need to speed up the urbanisa-tion. The development of small towns is an important way to Chinese urbanisation. Land use plays a very important rolein the development of small towns. However there are many problems in the development of small towns, esp. in landuse. The paper first discusses the land problems in the development of small towns. Such as much cultivated land liesidle, under-utilization and waste of land, increasing illegal use of land, unstable contractual relationship for land use.The relationship between the development of small towns and land use is also studied. Then the guidelines for the landsystem innovations of small towns are put forward. Namely the sustainability of social and economic development, the bal-ance between land reservation and land utilization, the provision of service to village, agriculture and farmer, the manage-ment of land resource and land assets, the parsimonious and legal use of land. The basic framework of land system innova-tions of small towns is put forward finally. It include the land replacement policy for small towns and the permanent tenan-cy of farmland, the overall plan for land uses and other plans in harmony, the establishment of a flexible system of landsupplies, using land with payments, the transfer of agricultural land and refining the land law related to the constructionof small towns.

  8. Browse Title Index

    African Journals Online (AJOL)

    Items 601 - 650 of 879 ... South African Journal of Higher Education. ... Browse Title Index .... The challenge of thesis supervision in an art university, Abstract ... No 2 (2004), Robert Sternberg's mental self-government theory and its contribution to ...

  9. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 736 ... Journal Home > Advanced Search > Browse Title Index ... Vol 5 (2008), A Contagious Malady: The Human Quest for Truth through Religion, Abstract ... A Study of Politeness Strategies Used by the National University of ...

  10. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 879 ... Journal Home > Advanced Search > Browse Title Index ... Vol 20, No 4 (2006), Assessing academic potential for university admission: ... Vol 16, No 2 (2002), Book Review: Rethinking truth by Higgs, P & Smith, J, Details.

  11. Browse Title Index

    African Journals Online (AJOL)

    Items 651 - 700 of 1199 ... Issue, Title ... Vol 5, No 1 (2011), Motivation, an Essential Ingredient for Optimal Performance in Emerging Markets, Abstract PDF ... Vol 3, No 5 (2009), Multinational transfer pricing and international taxation: what, why, ...

  12. Browse Title Index

    African Journals Online (AJOL)

    Items 451 - 500 of 533 ... Journal Home > Advanced Search > Browse Title Index .... for past tense forms in Northern Sotho: verb stems with final 'm' and 'n', Abstract ... in an academic writing class: Implications for a dialogic pedagogy, Abstract.

  13. Browse Title Index

    African Journals Online (AJOL)

    Items 701 - 750 of 808 ... Issue, Title ... Vol 58, No 2 (2010), Short Communicaton: The socio-economic impact of helminth infections and the ... Vol 62 (2014): Special Edition, Special edition summarizing the scientific discourse which took place ...

  14. Limit values used in the European Union for managing excavated land and contaminated soils

    International Nuclear Information System (INIS)

    Soto Diaz, E.; Rodriguez Abad, R.

    2014-01-01

    In this paper, which is a summary of the minor thesis of the same title, a qualitative comparison is made between mean limit values applied in different member countries of the European Union (EU) for the proper management of excavated lands and contaminated soils. This management can be carried out as a byproduct through its reuse, recycling or previous treatment, or through its consideration as a waste and its subsequent admission to a particular type of landfill. Three types of comparisons of UE limit values are done in this paper: between those established in six member countries for the use of excavated lands as a byproduct, between those existing in 15 European countries for contaminated soils, and finally between those required in 12 EU countries for their land filling. (Author)

  15. A participatory approach to elucidate the consequences of land invasions on REDD+ initiatives: A case study with Indigenous communities in Panama.

    Science.gov (United States)

    Vergara-Asenjo, Gerardo; Mateo-Vega, Javier; Alvarado, Alexis; Potvin, Catherine

    2017-01-01

    Land tenure and tenure security are among the most important factors determining the viability and success of Reducing Emissions from Deforestation and Forest Degradation (REDD+) initiatives. The premise of the present paper is that territorial conflicts lead to forest loss and compromise the successful implementation of REDD+. Within this context, the main objectives of this paper are to (i) document, relying on participatory methods, the extent to which land conflicts drive deforestation and (ii) reflect on the legal context of REDD+ examining if, from an Indigenous perspective, it offers tools to resolve such conflicts. We used the Upper Bayano Watershed in eastern Panama as a case study of complex land tenure dynamics, and their effects on forest conservation in the context of REDD+. Combining a range of participatory methods including participatory mapping and forest carbon stock assessment, we estimated the consequences of land invasions on forest carbon stocks. Our analysis shows that invasions of Indigenous territories amounted to 27.6% of the total deforestation for the period of 2001-2014. The situation is of paramount concern in the Embera territory of Majé where 95.4% of total deforestation was caused by colonist invaders. Using and validating the maps made freely available by the Global Forest Change initiative of the University of Maryland, we then developed a reference level for the watershed and carried out a back of the envelop estimation of likely REDD+ revenue, showing its potential to bring much needed income to Indigenous communities striving to protect their forest estate. Our analysis of current legislation in Panama highlights confusion and important legal voids and emphasizes the strong links between land tenure, carbon ownership, and territorial invasions. The options and shortcoming of implementing REDD+ in Indigenous territories is discussed in the conclusion taking our legal review into account.

  16. Land Restitution and Prevention of Forced Displacement in Colombia

    Directory of Open Access Journals (Sweden)

    Felipe Gómez-Isa

    2010-11-01

    Full Text Available The armed conflict in Colombia, which has generated over three million internally displaced persons, has dramatic humanitarian consequences and raises serious issues regarding the protection of displaced peoples’ rights. The underlying reasons for the displacement often lie in the dynamics associated with territorial control and land seizures undertaken for strategic, military or purely economic purposes. Domestic and international legal provisions have established the victims’ right to the restitution of their homes and property as the “preferred remedy” in cases of displacement. However, policies dealing with displacement, both those of the Colombian government and of several international institutions, fail to take this sufficiently into account. A comprehensive reparation policy for victims must necessarily entail the reversion of lands, territories and goods seized in Colombia under the pretext of the internal armed conflict.

  17. Browse Title Index

    African Journals Online (AJOL)

    Items 301 - 350 of 788 ... Journal Home > Advanced Search > Browse Title Index ... Vol 26, No 1 (2018), Gender differentials in the perception of .... Vol 25, No 1 (2017), Impact of total quality management on students' academic performance in ...

  18. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 194 ... Journal Home > Advanced Search > Browse Title Index ... Vol 14, No 1 (2000), A functional categoriality of adjectives in ... Vol 1, No 1 (1987), Alienation and affirmation: The humanistic vision of Bessie Head, Abstract PDF.

  19. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 1117 ... Journal Home > Advanced Search > Browse Title Index ... Vol 13, No 3 (2007):, an edu-ethical perspecitve on the nature of truth: case studies in elite ... 2009: September: Supplement, An empirical study of university ...

  20. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 294 ... Journal Home > Advanced Search > Browse Title Index. Log in or .... S Edwards, M Hlongwane, J Thwala, N Robinson ... Vol 16, No 1 (2017), Infancy of internet cafe: The substitute of ubuntu-padare pedagogy, Abstract.

  1. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 98 ... Journal Home > Advanced Search > Browse Title Index ... model for the continued professionalisation of student affairs in Africa, Abstract PDF ... Vol 2, No 2 (2014), Book Review: How College Affects Students, A Third decade ...

  2. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 76 ... Journal Home > Advanced Search > Browse Title Index ... Vol 4, No 1 (2011), Automation of AutoCAD for Detailing of Reinforced .... Vol 10, No 1 (2017), Housing data base for sustainable housing provision, Abstract PDF.

  3. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 100 of 103 ... Issue, Title ... SE Edusah, E Osei-Tutu ... Vol 6, No 2 (2016), Interrelationships among unemployment, inflation and economic growth in Nigeria, Abstract .... Vol 4, No 3 (2014): Special Edition, Socio-cultural Issues for ...

  4. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 41 of 41 ... Issue, Title ... Vol 1, No 3 (2004): Special Edition, Assessment of the quality and reserves of Bat ... Vol 1, No 1 (1997), Bovine dermatophilosis in Zambia: epidemiology, socio-economic impacts and future perspectives, Abstract.

  5. Browse Title Index

    African Journals Online (AJOL)

    Items 351 - 391 of 391 ... Issue, Title ... Vol 2, No 3 (1999): Special Edition, The efficacy of low volume application of roundup ... Vol 1, No 1 (1998), The relationships among National Socio-Economic Indicators and Child Health Statistics, Abstract.

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

    OpenAIRE

    Werner Krawietz

    2014-01-01

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

  7. On the concept and legal nature of sustainable development: Does 'environmental law' exist?

    Directory of Open Access Journals (Sweden)

    Prica Miloš

    2014-01-01

    Full Text Available The idea of sustainable development has developed within the triangular framework of economic, social and environmental policy. It has been the result of man's endeavor in the course of development of mankind to harmonize the relations between economy and ecology for the purpose of satisfying the present needs but without endangering the prospects of future generations to satisfy their own needs. The principle of sustainable development has been present in the international legislation for the past 40 years. The antagonism between economy and ecology has never ceased. Quite the reverse, at the beginning of the 21st century, mankind has encountered the dramatic effects of the rampant global politics and the unpromising prospects of man's subsistence and development. The reason is certainly to be found in the fact that the environment protection policy does not have an adequate legal framework, which is not a matter of legal technique but a matter of substance in global politics. Consequently, this discussion on the legal nature of sustainable development takes us from technique to substance. First, the author analyzes the international legislation and judicature on the issues of sustainable development; thereupon, the author concludes that the principle of sustainable development has not obtained the rank and the outreach of a legal principle (source of law in the international law, which ultimately makes the very existence of environmental law highly disputable. If sustainable development as a fundamental principle (supra-principle does not have the power of a binding principle, the existing international legal sources concerning certain aspects of the living environment are nothing but arable land covered by sand. Actually, the significant feature of the existing international sources on sustainable development is 'the legal ideology' which, being an instrument of environmental policy rather than an instrument of environmental law, actually

  8. Marketing legal services on the Internet

    OpenAIRE

    Alicja Mikołajczyk

    2014-01-01

    This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

  9. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 167 of 167 ... Issue, Title ... Vol 2, No 2 (2013), Women and the Leadership Paradigm: Bridging the Workplace Gender-Gap in Nigeria, Abstract PDF ... Vol 5, No 2 (2016), Women's participation and gender issues in local governance ...

  10. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 73 of 73 ... Journal Home > Advanced Search > Browse Title Index ... Vol 13 (2006), The ageing eye” functional changes from cradle to gray: A ... Vol 12 (2005), The evaluation of vision in children using monocular vision acuity and ...

  11. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 100 of 391 ... Journal Home > Advanced Search > Browse Title Index ... Efficacy of four Rodenticides on the Ghanaian Market, Abstract ... Vol 2, No 1 (2000):, Determination of some wear elements in used car engine oil and oil filter ...

  12. Browse Title Index

    African Journals Online (AJOL)

    Items 551 - 600 of 879 ... Journal Home > Advanced Search > Browse Title Index ... A James, E Ralfe, L van Laren, N Ngcobo ... 1 (2011), Recognition of prior learning in promoting lifelong learning: A pedagogy of hope or a shattering of dreams?

  13. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 89 ... Issue, Title ... of two-phased approaches to load balancing in cloud computing, Abstract ... Vol 19, No 1 (2012), Assessing Network Services and Security in ... Vol 23, No 1 (2016), Cloud model construct for transaction-based ...

  14. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 100 of 198 ... Issue, Title ... Vol 13, No 1 (2015), Biometric Enhancement of Home and Office Security to Reduce Assassinations in Nigeria, Abstract PDF ... Vol 9, No 1 (2013), Cloud Computing: Key to IT Development in West Africa ...

  15. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 198 of 198 ... Issue, Title ... scheme for QoS and energy conservation in cloud computing, Abstract PDF ... Vol 9, No 1 (2013), Performance and Security Evaluation of ... Vol 18, No 1 (2017), Reducing capital flight through local cloud ...

  16. Browse Title Index

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    Items 51 - 97 of 97 ... Journal Home > Advanced Search > Browse Title Index ... Vol 20, No 2 (2008), Research Note: Anthropometric data of the foot of ... Vol 26, No 1 (2014), Validation of the Automation Attitude Questionnaire for Airline Pilots ...

  17. Titles of Midas

    Directory of Open Access Journals (Sweden)

    G. L. Huxley

    2001-09-01

    Full Text Available The Phrygian inscription on the tomb at Yazılıkaya (8th century gives Midas the titles wanax and lawagtas, paralled in Mycenaean, and there were strong connections between his dynasty and Greek Aeolis.

  18. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 100 of 412 ... Issue, Title. Vol 30, No 3 (2011) ... Transferring the principle of double effect from war to business, Abstract. G. J. Rossouw ... Vol 22, No 2 (2003), Can more business ethics teaching halt corruption in companies? Abstract.

  19. Relationships between nutrition-related knowledge, self-efficacy, and behavior for fifth grade students attending Title I and non-Title I schools.

    Science.gov (United States)

    Hall, Elisha; Chai, Weiwen; Albrecht, Julie A

    2016-01-01

    The Social Cognitive Theory (SCT) is a widely used theory for nutrition education programming. Better understanding the relationships between knowledge, self-efficacy, and behavior among children of various income levels can help to form and improve nutrition programs, particularly for socioeconomically disadvantaged youth. The purpose of this study was to determine the relationships between knowledge, self-efficacy, and behavior among fifth grade students attending Title I (≥40% of students receiving free or reduced school meals) and non-Title I schools (students receiving free or reduced school meals). A validated survey was completed by 55 fifth grade students from Title I and 122 from non-Title I schools. Differences in knowledge, self-efficacy, and behavior scores between groups were assessed using t test and adjusted for variations between participating schools. Regression analysis was used to determine the relationships between knowledge, self-efficacy, and behavior. In adjusted models, the Title I group had significantly lower scores on several knowledge items and summary knowledge (P = 0.04). The Title I group had significantly lower scores on several behavior variables including intakes of fruits (P = 0.02), vegetables (P = 0.0005), whole grains (P = 0.0003), and lean protein (P = 0.047), physical activity (P = 0.002) and summary behavior (P = 0.001). However the Title I group scored higher on self-efficacy for meal planning (P = 0.04) and choosing healthy snacks (P = 0.036). Both self-efficacy (β = 0.70, P knowledge (β = 0.35, P = 0.002) strongly predicted behavior; however, only self-efficacy remained significant in the Title I group (self-efficacy, β = 0.82, P = 0.0003; knowledge, β = 0.11, P = 0.59). Results demonstrate disparities in nutrition knowledge and behavior outcomes between students surveyed from Title I and non-Title I schools, suggesting more resources may be necessary for lower income populations

  20. Issues Associated with the Conveyance and Transfer of DOE Lands under Public Law 105-119

    International Nuclear Information System (INIS)

    Ladino, A.G.

    1999-01-01

    Public Law 105-119 (Law) was enacted in November 1997 as part of the Defense Authorization Act of 1998 (Act). The Law specifically requires the US Department of Energy (DOE) to identify lands that are suitable for conveyance or transfer at Los Alamos National Laboratory (LANL) within 90 days after enactment of the Act. In general, suitable lands include those parcels that are not required to meet the national security missions assigned to DOE at LANL within a ten year period beginning on the date of enactment of the Act. Additional suitability criteria are addressed below and include the need to establish clear title to the land and to restore areas contaminated with hazardous wastes. This proposed change in future land ownership is intended to serve as the final settlement of DOE community assistance obligations with respect to LANL and Los Alamos County and to stimulate economic development

  1. 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.

  2. 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)

  3. Abortion Legalization and Adolescent Substance Use

    OpenAIRE

    Charles, Kerwin Kofi; Stephens, Melvin, Jr

    2006-01-01

    We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

  4. Geospatial Database for Strata Objects Based on Land Administration Domain Model (ladm)

    Science.gov (United States)

    Nasorudin, N. N.; Hassan, M. I.; Zulkifli, N. A.; Rahman, A. Abdul

    2016-09-01

    Recently in our country, the construction of buildings become more complex and it seems that strata objects database becomes more important in registering the real world as people now own and use multilevel of spaces. Furthermore, strata title was increasingly important and need to be well-managed. LADM is a standard model for land administration and it allows integrated 2D and 3D representation of spatial units. LADM also known as ISO 19152. The aim of this paper is to develop a strata objects database using LADM. This paper discusses the current 2D geospatial database and needs for 3D geospatial database in future. This paper also attempts to develop a strata objects database using a standard data model (LADM) and to analyze the developed strata objects database using LADM data model. The current cadastre system in Malaysia includes the strata title is discussed in this paper. The problems in the 2D geospatial database were listed and the needs for 3D geospatial database in future also is discussed. The processes to design a strata objects database are conceptual, logical and physical database design. The strata objects database will allow us to find the information on both non-spatial and spatial strata title information thus shows the location of the strata unit. This development of strata objects database may help to handle the strata title and information.

  5. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 1732 ... Journal Home > Advanced Search > Browse Title Index ... Vol 10, No 3 (2007), An Audit Of Perioperative Cardiac Arrest At ... Vol 11, No 4 (2008), An Audit Of Rejected Repeated X-ray Films As A Quality Assurance ...

  6. A Brief Discussion on the Dongba Script Land Contracts from the Late Qing and Republican Periods at Bowan Village, Shangri-la County

    Institute of Scientific and Technical Information of China (English)

    He Jiquan; Zhao Xiuyun

    2016-01-01

    author-ship, as well as the land title system. According to the research,this batch of Dong-ba script land contracts record the date by using heavenly stems and earthly branches; and the trading objects include farmland,threshing ground, or yards. Although they span a distance of around 40 years,the style of the contracts are basically the same,that is, all the land contracts include a date for making the land contract, the contractors, the objects used in trade, price considerations, and guarantee . It could be noted that they have already formed a unfiorm set of clauses, and the format has already been basically fixed. However, the word-ing is very simple, and not so clear or precise. The value of Dongba land contracts is un-doubted. Yu Suisheng stated that “Strictly speak-ing, the research on the Dongba land contracts has not yet formally begun. One reason is that the pub-lication of data is limited in number, and the other is that it has not gotten enough attention in the aca-demic field yet.” Moreover, Yu mentioned that an in-depth research should be done from the per-spectives of literature, literary form, language, written characters, society and history. Seen from the practical situation of these Dongba land con-tracts at Bowan village, this article is only a pre-liminary discussion. Therefore, in the future, we should pay more attention to the collection and publication of related data, we should especially do a comprehensive multi -disciplinary study on the land contracts . While writing this article, we feel that wheth-er we can translate the content of the land contracts correctly depends on whether we conduct detailed fieldwork. Due to the dramatic social change in China over the past one hundred years, and the relatively simple text of Dongba script land con-tracts, the customs of the legal and land systems, the currency, the background for making the con-tracts and the status of the go-between related to the land contracts should all be acquired from

  7. 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.

  8. Achieving compliance with environmental health-related land use planning conditions in Hong Kong: perspectives from traditional motivation theories.

    Science.gov (United States)

    Man, Rita Li Yi

    2009-11-01

    Environmental health-related land use planning conditions can enhance the environment in Hong Kong. Previous research by others has shown, however, that a lack of compliance with planning conditions often occurs. And as no direct enforcement of planning conditions exists in Hong Kong, it is of interest to understand possible ways in which to increase the motivation of land developers and property owners to comply with planning conditions. The author looked at motivation from the perspective of three traditional motivation theories: Theory X, Theory Y, and incentive theory. While the majority of this article focuses on the enforcement and the legal tests in land use planning conditions, it also presents the results of the first study of the motivations behind Hong Kong land developers to comply with land use planning conditions.

  9. 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...

  10. Shallow-land-burial handbook

    International Nuclear Information System (INIS)

    Boegly, W.J. Jr.; Davis, E.C.

    1981-01-01

    The initial draft of the Shallow-Land Burial Handbook has been prepared and submitted to the DOE Low-Level Waste Management Program for review and comment. The Handbook informs the reader of the current way in which low-level wastes are being handled, outlines the legal and institutional problems that would be involved in developing and licensing such a facility, and describes in some detail the considerations and data needs for siting, designing, operating, and closing such a facility. The initial draft is not a Handbook that provides answers to all questions, nor insures that following the steps detailed in the Handbook guarantees that the facility will be licensed. It does illustrate the types of actions that must be considered and the types of information required to achieve successful operations

  11. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

    J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

    2016-01-01

    textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

  12. 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.

  13. 45 CFR 400.115 - Establishing legal responsibility.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

  14. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

    Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

  15. Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2018-01-01

    Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

  16. Analysis of Changes in Land Use Patterns Pursuant to the Conversion of Agricultural Land to Non-Agricultural Use in the Context of the Sustainable Development of the Malopolska Region

    Directory of Open Access Journals (Sweden)

    Malgorzata Busko

    2018-01-01

    Full Text Available This research paper presents the results of analyses that address the direction in which the issue of land use in Malopolska has been heading in recent years. The authors formulated the thesis that changes occurring in the use of agricultural land are advanced and, despite its legal protection, this land is continuously subjected to permanent conversion to non-agricultural use year by year. Verification of the thesis was carried out using taxonomic analyses. As a result, it was proven that as much as 68% of the land converted to non-agricultural use in the study period was earmarked for residential use. Importantly, as much as 19% of these areas are of the best quality classes, i.e., classes I and II, which account for a mere 7% of all agricultural land in Malopolska. Another 79% of the converted agricultural land belonged to the mid class, i.e., class III, which—at the time of writing—represents only 26% in the Malopolska Province. This data demonstrates that the best lands of the Malopolska Province, which belonged to classes I, II and III (i.e., top quality arable soils, were irreversibly degraded by their conversion to non-agricultural use. The paper proposes systemic solutions supporting the decision-making process of administrative bodies aimed at agricultural land protection.

  17. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 200 of 221 ... Issue, Title ... Vol 38 (2010), Soft drink consumption of Grade 4 and Grade 7 learners in the Wynberg area, City of Cape Town, South .... Vol 42 (2014), The meaning of food for obese men: a qualitative study, Abstract PDF.

  18. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 200 of 1020 ... Issue, Title ... Vol 48, No 2 (2006), Barriers to HIV Care and Treatment by Doctors: A review of the literature. ... Vol 48, No 5 (2006), Breast cancer – early detection and screening in South African women from the ...

  19. PUBLIC ACCESS TO PRIVATE LAND IN SCOTLAND

    Directory of Open Access Journals (Sweden)

    David L Carey Miller

    2012-08-01

    Full Text Available This article attempts to understand the radical reform of Scottish land law in its provision for a general right of public access to private land introduced in 2003 as part of land reform legislation, an important aspect of the initial agenda of the Scottish Parliament revived in 1999. The right is to recreational access for a limited period and the right to cross land. Access can be taken only on foot or by horse or bicycle. As a starting point clarification of the misunderstood pre-reform position is attempted. The essential point is that Scots common law does not give civil damages for a simple act of trespass (as English law does but only a right to obtain removal of the trespasser. Under the reforms the longstanding Scottish position of landowners allowing walkers access to the hills and mountains becomes a legal right. A critical aspect of the new right is that it is one of responsible access; provided a landowner co-operates with the spirit and system of the Act access can be denied on the basis that it is not being exercised responsibly. But the onus is on the landowner to show that the exercise of the right is not responsible.Although the right applies to all land a general exception protects the privacy of a domestic dwelling. Early case law suggests that the scope of this limit depends upon particular circumstances although reasonable 'garden ground' is likely to be protected. There are various particular limits such as school land.Compliance with the protection of property under the European Convention on Human Rights is discussed. The article emphasises the latitude, open to nations, for limitations to the right of ownership in land in the public interest. The extent of the Scottish access inroad illustrates this. This leads to the conclusion that 'land governance' – the subject of the Potchefstroom Conference at which the paper was initially presented – largely remains a matter for domestic law; the lex situs concept is alive

  20. Exploring New Directions: Title I in the Year 2000.

    Science.gov (United States)

    Puma, Michael J.; Drury, Darrel W.

    This report takes stock of the present Title I program, identifies the most promising approaches to educating the nation's disadvantaged children, and offers guidance to policymakers seeking to improve Title I's effectiveness. The report draws upon hundreds of studies, evaluations, and other documents, and details the evolution of the Title I…

  1. 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…

  2. Legal Coordinator | IDRC - International Development Research ...

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

    Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

  3. 24 CFR 232.595 - Eligibility of title.

    Science.gov (United States)

    2010-04-01

    ... URBAN DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES MORTGAGE INSURANCE FOR NURSING HOMES, INTERMEDIATE CARE FACILITIES, BOARD AND CARE HOMES, AND ASSISTED... Fire Safety Equipment Title § 232.595 Eligibility of title. In order for the property which is to be...

  4. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

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

  5. Citation Oil and Gas Corporation... Title V Applicability Determination

    Science.gov (United States)

    This document may be of assistance in applying the Title V air operating permit regulations. This document is part of the Title V Policy and Guidance Database available at www2.epa.gov/title-v-operating-permits/title-v-operating-permit-policy-and-guidance-document-index. Some documents in the database are a scanned or retyped version of a paper photocopy of the original. Although we have taken considerable effort to quality assure the documents, some may contain typographical errors. Contact the office that issued the document if you need a copy of the original.

  6. Bioenergy. The Impact of Indirect Land Use Change. Summary and Conclusions from the IEA Bioenergy ExCo63 Workshop

    International Nuclear Information System (INIS)

    Brown, A.; Tustin, J.

    2009-09-01

    This publication provides the summary and conclusions from the title workshop, held in conjunction with he meeting of the Executive Committee of IEA Bioenergy in Rotterdam, Netherlands, on 12 May 2009. The purpose of the workshop was to inform the Executive Committee on the rapidly evolving international debate on bioenergy and land use - particularly the thorny issue of indirect land use change. The aim was to stimulate discussion between the Executive Committee and invited experts and thereby enhance the new policy-oriented work within IEA Bioenergy.

  7. Browse Title Index

    African Journals Online (AJOL)

    Items 201 - 250 of 577 ... Issue, Title. Vol 20, No 2 (2003), Emergency Contraception: A Global Overview of Knowledge, Attitudes and Practices Among Providers, Abstract PDF. Deborah Haggai. Vol 23 (2006):, Emergency laparotomy for peripartum haemorrhage in Bida North Central Nigeria, Abstract PDF. Sunny Abiodun O ...

  8. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 155 ... Issue, Title. Vol 12 (2012), Political Dissent and Autonomy in Wum Local Government, Southern (West) Cameroons, 1957 – 1968, Abstract. TP Mbeum. Vol 9 (2009), Post-Emancipation Slave Commerce: Increasing Child Slave Trafficking and Women's Agency in Late Nineteenth-century Ghana ...

  9. Geopressured-geothermal resource development on public free school lands

    Energy Technology Data Exchange (ETDEWEB)

    1979-07-01

    The study's findings and recommendations are based upon analysis of the following: financial and economic feasibility of geopressured-geothermal resource development; possible ecological, social, and economic impacts of resource development on PFSL; and legal issues associated with resource development. The results of the analysis are summarized and are discussed in detail in a series of four technical papers which accompany this volume. Existing rules of the General Land Office (GLO), the School Land Board (SLB), and the Railroad Commission of Texas (RRC) were reviewed in light of the above analysis and were discussed with the agencies. The study's recommendations resulted from this analytical and review process; they are discussed. The preliminary draft rules and regulations to govern resource development on PFSL are presented in Appendix A; the accompanying forms and model lease are found in Appendix B.

  10. 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...

  11. 24 CFR 203.386 - Coverage of title evidence.

    Science.gov (United States)

    2010-04-01

    ... SINGLE FAMILY MORTGAGE INSURANCE Contract Rights and Obligations Property Title Transfers and Title... the public records, there are not, at such date, any outstanding prior liens, including any past-due...

  12. Compensation for Expropriated Community Farmland in Nigeria: An In-Depth Analysis of the Laws and Practices Related to Land Expropriation for the Lekki Free Trade Zone in Lagos

    Directory of Open Access Journals (Sweden)

    Nicholas K. Tagliarino

    2018-02-01

    Full Text Available In Nigeria, the recurring impoverishment and other negative socioeconomic impacts endured by landholders affected by expropriation are well-documented and call into question the Land Use Act’s (LUA effectiveness in protecting local land rights. The World Bank’s Land Governance Assessment Framework found that, in Nigeria, “a large number of acquisitions occurs without prompt and adequate compensation, thus leaving those losing land worse off, with no mechanism for independent appeal even though the land is often not utilized for a public purpose”. Such negative outcomes may be due to a number of factors, including corruption, limited capacity, and insufficient financing as well as Nigeria’s weak legal framework. According to a recent study of compensation procedures established in national laws of 50 countries, Nigeria’s compensation procedure lags behind many of the countries assessed because the LUA mostly fails to adopt international standards on the valuation of compensation. This article examines Nigerian expropriation and compensation procedures in more detail by combining both an in-depth legal analysis of Nigeria’s expropriation laws as well as survey and qualitative research that indicates, to some extent, how expropriation laws function in practice in Nigeria. Based on our legal assessment, surveys, and interviews with both government and private sector officials involved in the LFTZ, we found that the Nigerian government failed to comply with international standards on expropriation and compensation, both in terms of its laws and its practices in the LFTZ case. This article expands our conference paper written for UN Economic Commission of Africa Conference on Land Policy in Africa, which took place in Addis Ababa, Ethiopia in November of 2017. Under Nigeria’s LUA, affected landholders are not granted the right to participate in expropriation and compensation decision-making or otherwise be consulted on matters

  13. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 180 ... Vol 28 (2009), Organising Public Records to Achieve Service ... Vol 34 (2015): ESARBICA Journal, Policy, Legal and Regulatory .... Vol 30 (2011), Short Communication: Preservation of Photographs and Audiovisual ...

  14. 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...

  15. 24 CFR 234.65 - Nature of title.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Nature of title. 234.65 Section 234.65 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued... OWNERSHIP MORTGAGE INSURANCE Eligibility Requirements-Individually Owned Units § 234.65 Nature of title. A...

  16. INFORMATION REGARDING FIDUCIARY CONTRACTS AND THEIR LEGAL SPECIFICITIES

    Directory of Open Access Journals (Sweden)

    Ciprian Raul ROMIȚAN

    2018-05-01

    Full Text Available The sources of the fiducia are the law and the contract concluded in authentic form. Fiducia must be express and its running by an unilateral act or by judicial way is excluded. The fiduciary contract is an act conveyancing the ownership title, it is onerous, synallagmatic, commutative, intuitu personae and solemn. The fiduciary contract is the contract by which a party (the settlor, transmits as a trust to the other party (the trustee goods and rights for the exploitation thereof for a determined purpose. Therefore, according to the provisions of the Civil Code in force, the parties to the fiduciary contract are the settlor (settlors and the trustee (trustees. As one shall notice during out study, the beneficiary(-ies, the third party mentioned in the legal text defining the notion of fiducia, is not regarded as a party to the fiduciary contract. According to the author, the object of the fiducia supposes three successive stages of the complex contractual procedure: the transfer of patrimony rights from the settlor to the trustee, the actual management of the patrimony mass in the beneficiary’s favor, the transfer of the profit to the beneficiary, once or in successive stages. From the point of view of its legal nature, fiducia is a legal operation having as object the transfer of the property, receivable, security or other patrimony rights, whether existing or future, or a combination of such rights, to one or several trustees, exerting them in order to fulfill a determined purpose, in the favor or one or several beneficiaries. All these rights set up an patrimony mass distinct from the trustees’ other patrimony rights and obligations. As one could notice during the study, the fiduciary contract must comprise, under the sanction of absolute nullity, the following elements: real rights, receivable rights, guarantees and any other patrimonial rights transferred. In this regard, the transferred rights must be described in the fiduciary

  17. Safeguard Measures for Implementation of New Round of Land Consolidation Planning

    Institute of Scientific and Technical Information of China (English)

    LI Chen; LIU Xin-feng; PENG Zhe; SI Tao

    2012-01-01

    We conduct a comprehensive analysis of the current situation of security system for implementation of China’s land consolidation planning. The prominent problems in the process of implementing safeguard measures for planning are summarized as follows: the guiding ideology for planning formulation is imperfect; the legal basis is weak, and administrative means are not sound; the economic security mechanism is not brought into full play, and the social security measures still need to be further deepened; the technical safeguard measures are short. From laws and regulations, administrative management, economic security, social supervision, technology management and other aspects, we establish the scientific security system for implementation of land consolidation planning; put forth the recommendations for guaranteeing the implementation of planning in China.

  18. Assessment on the Impact of Arable Land Protection Policies in a Rapidly Developing Region

    Directory of Open Access Journals (Sweden)

    Jiadan Li

    2016-05-01

    Full Text Available To investigate the effect of arable land protection policies in China, a practical framework that integrates geographic information systems (GIS, soil quality assessment and landscape metrics analysis was employed to track and analyze arable land transformations and landscape changes in response to rampant urbanization within the Ningbo region (China from 2005 to 2013. The results showed that arable land loss and degradation have continued, despite the development of a comprehensive legal framework for arable land protection. The implementation of arable land protection policies is judged to be effective, but not entirely successful, because it guarantees the overall amount of arable land but does not consider soil quality and spatial distribution. In addition, there are distinct variations in arable land change dynamics between two temporal intervals. From 2005–2009, the transformation of arable land was diversified, with intensified conversion among arable land, built-up land, water and orchards. Moreover, many new arable land parcels were adjacent to built-up land, and are in danger of being occupied again through urban sprawl. By 2009–2013, most of the arable land was occupied by urban expansion, whereas a majority of newly increased arable land was reclaimed from coastal tideland. Although the newly increased arable land was contiguous and far from the urban area, it is of poor quality and has limited use. The permanent loss of high-quality arable land due to intensified urban sprawl may threaten sustainable development and food security on a larger scale.

  19. Tsuwalhkalh Ti Tmicwa (The Land is Ours): Stat'imc Self-Determination in the Face of Large-Scale Hydro-electric Development

    Science.gov (United States)

    Moritz, Sarah Carmen

    In Canada, First Nations asserting authority over their lands are developing diverse strategies to overcome the state''s dogmatic insistence on jurisdictional sovereignty. This movement corresponds to the wider context of the challenges faced by indigenous people to use their own ways of knowing to resist or reformulate legal doctrines and political tenets based on colonial power. Interior Salish Stat'imc people identify themselves through a strong and ongoing social relationship with Sataqwa7, the Fraser River, and the "Valley of Plenty"---now known as the flooded Bridge River Valley---maintained through Stat'imc knowledge and cultural practice and demonstrated by talk of '"the Stat'imc right to fish" and Tsuwalhkalh Ti Tmicwa (The Land is Ours). Stat'imc fishers are prepared to contest and resist any regulatory system that is understood to impact this right to fish while they advocate their own ways of sustainable fishing and water management. Based on ethnographic research in collaboration with Stat'imc people, this thesis explores some of these often successful contestations especially in the context of increasing territorial governance and by example of the rapidly transforming relationship between Stat'imc, BC Hydro and the Province of BC. Interior Salish Stat'imc people are currently navigating through a significant phase of increasing jurisdiction and authority and recognition of (unsettled) territorial property relationships. This very dynamic process is marked by strategic collaborations, compensation for 'infringements' on St'a'imc Title and Rights, and conservation efforts to protect their home. An important example is the changing relationship between Stat'imc people and BC Hydro---a relationship between two groups with radically different cultures and agendas: Stat'imc people in a struggle for self-determination, social justice and cultural survival and BC Hydro, a corporate culture, with the agenda to provide hydro-electric power to BC, maintain

  20. How should a legal system of approval adequate to democracy look like. Nuclear power station licensing for example

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1986-01-01

    The concept of an administrative referendum is explained as a possibility of reshaping the current system of approval so as to make it commensurate with democratic principles. Introduction of such a concept would require only few modifications of the valid legal provisions: The licensing procedure would remain as it is, but in addition, a referendum would be made possible, on the initiative of the population, which would give the population of a Federal Land a right of decision on the political level, deciding whether a given, licensed installation is conductive to the public good. Through such an administrative referendum, the political sovereign would be given political power of control of administrative decisions, and assume responsibility, which would be legally based on Art. 20, para. II GG (Basic Law). (HSCH) [de

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    Vuksanović Draginja

    2017-01-01

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

  3. 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.

  4. SMALL HYDRO PLANTS IN LAND USE SYSTEM PLANNING IN POLAND

    Directory of Open Access Journals (Sweden)

    Anita Bernatek

    2014-10-01

    Full Text Available Small hydropower plants are present in the land use system planning in Poland. At the national level the important role of spatial planning in the development of renewable energy was highlighted, included small hydroplants. However, it seems that at the regional level this demand has not been realized. The necessity of developing small hydroplants as a renewable energy was highlighted, but negative environmental impact was not indicated. At local level legal instrument of small hydropower plants is specified.

  5. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 98 of 98 ... Issue, Title. Vol 4, No 1 (2016), First-year seminar intervention: Enhancing firstyear mathematics performance at the University of Johannesburg, Abstract PDF. Melanie Jacobs, Estherna Pretorius. Vol 5, No 2 (2017), From Inky Pinky Ponky to Improving Student Understanding in Assessment: Exploring the ...

  6. Browse Title Index

    African Journals Online (AJOL)

    Items 551 - 600 of 1463 ... Issue, Title. Vol 15, No 2 (2015), Evaluation of the diagnostic performance and operational characteristics of four rapid immunochromatographic syphilis tests in Burkina Faso, Abstract PDF. FY Bocoum, H Ouedraogo, G Tarnagda, A Kiba, S Tiendrebeogo, F Bationo, B Liestman, S Diagbouga, ...

  7. Browse Title Index

    African Journals Online (AJOL)

    Items 9951 - 10000 of 11090 ... Issue, Title. Vol 10, No 36 (2011), Study of heavy metals bioaccumulation in the process of vermicomposting, Abstract PDF. MM Aleagha, G Ebadi. Vol 10, No 45 (2011), Study of malondialdehyde (MDA) content, superoxide dismutase (SOD) and glutathione peroxidase (GSH-Px) activities in ...

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    African Journals Online (AJOL)

    Items 101 - 150 of 985 ... Journal Home > Advanced Search > Browse Title Index ... Vol 17 (2010), Alternating Direction Implicit Finite Difference Time Domain Acoustic Wave Algorithm, Abstract. E Ikata .... Vol 17 (2010), Analytic derivation of the wave profile and phase speed of sixth order Stokes waves in deep water, Abstract.

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    African Journals Online (AJOL)

    Items 451 - 500 of 581 ... Issue, Title. Vol 30, No 1 (2016), Risky sexual behaviour and associated factors among students of Debre Tabor University, Northwest Ethiopia: a cross-sectional study, Abstract PDF. Awoke Derbie, Mekonnen Assefa, Daniel Mekonnen, Fantahun Biadglegne. Vol 28, No 1 (2014), Road traffic accident: ...

  10. Civil legal responsibility for environmental pollution

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

  11. LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

    Directory of Open Access Journals (Sweden)

    Amelia-Raluca ONIŞOR

    2016-05-01

    Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

  12. Land Subsidence International Symposium held in Venice

    Science.gov (United States)

    The Third International Symposium on Land Subsidence was held March 18-25, 1984, in Venice, Italy. Sponsors were the Ground-Water Commission of the International Association of Hydrological Sciences (IAHS), the United Nations Educational, Scientific, and Cultural Organization (UNESCO), the Italian National Research Council (CNR), the Italian Regions of Veneto and Emilia-Romagna, the Italian Municipalities of Venice, Ravenna, and Modena, the Venice Province, and the European Research Office. Cosponsors included the International Association of Hydrogeologists (IAH), the International Society for Soil Mechanics and Foundation Engineering (ISSMFE), and the Association of Geoscientists for International Development (AGID).Organized within the framework of UNESCO's International Hydrological Program, the symposium brought together over 200 international interdisciplinary specialists in the problems of land subsidence due to fluid and mineral withdrawal. Because man's continuing heavy development of groundwater, gas, oil, and minerals is changing the natural regime and thus causing more and more subsiding areas in the world, there had been sufficient new land subsidence occurrence, problems, research, and remedial measures since the 1976 Second International Symposium held in Anaheim, California, to develop a most interesting program of nearly 100 papers from about 30 countries. The program consisted of papers covering case histories of fluid and mineral withdrawal, engineering theory and analysis, karst “sink-hole”-type subsidence, subsidence due to dewatering of organic deposits or due to application of water (hydrocompaction), instrumentation, legal, socioeconomic, and environmental effects of land subsidence, and remedial works.

  13. 14 CFR 1245.109 - Assignment of title to NASA.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Assignment of title to NASA. 1245.109... INTELLECTUAL PROPERTY RIGHTS Patent Waiver Regulations § 1245.109 Assignment of title to NASA. (a) The instrument of waiver set forth in § 1245.115(c) shall be voided by NASA with respect to the domestic title to...

  14. Comparison of Daytime and Nighttime Populations Adjacent to Interstate Highways in Metropolitan Areas Using LandScan USA

    International Nuclear Information System (INIS)

    Johnson, Paul E

    2007-01-01

    An article of similar title was published in the International Journal of Radioactive Materials Transport in 1999. The study concluded that the daytime and nighttime populations are not substantially different for the metropolitan areas examined. This study revisits the issue, but using the LandScan USA high resolution population distribution data, which includes daytime and night-time population. Segments of Interstate highway beltways, along with the direct route through the city, for Atlanta, St. Louis, and Kansas City are examined with an 800m buffer from either side of the highways. The day/night ratio of population is higher using the LandScan USA data. LandScan USA daytime and night-time data will be incorporated into the TRAGIS routing model in future

  15. 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

  16. 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.

  17. ENHANCING VALUE OF CUSTOMARY LAND: A CASE STUDY OF NEGERI SEMBILAN

    Directory of Open Access Journals (Sweden)

    Ainul Jaria Maidin

    2013-08-01

    Full Text Available This paper examines the role of law in enhancing the value of customary land which is an integral part of the social and economic aspect of the adat perpatih community in the State of Negeri Sembilan, Malaysia. Tracts of customary land has been left idle for some time since 1980s mainly because of the wrong perception that agricultural activities will not yield fast and high returns. The Malaysian government identified various strategies to help alleviate rural poverty since the early days of independence. Despite the efforts undertaken by the government, the major problem posed to the government agencies is the increasing rate of idle agricultural land. Data were collected from interviews with affected landowners in Negeri Sembilan, the adat leaders, the State Authorities responsible for land administration and development, Federal government agencies established to address rural development strategies to identify the reasons for the increase in the idle agricultural landdespite the policies and measures undertaken by the government for promoting efficient use of the land. Research identified that there are factors impacting adversely on the successful implementation of the government’s plans to develop idle agricultural lands. This problem if left not being watched will impact on the supply of agriculture land available for development. This paper sets out the legal measures that can be adopted in addressing issues relating to idle agricultural land, the problems faced and the proposals to overcome the problems to prevent the loss of supply of land available for agriculture development which is very crucial to ensure food security and promote sustainable development of the rural community that can have the effect of enhancing the values of customary land.

  18. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

    Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

  19. La Medicina Legal en Antioquia: primera parte Legal medicine in Antioquia: first part

    Directory of Open Access Journals (Sweden)

    Carlos Enrique Escobar Gónima

    2002-02-01

    Full Text Available Este artículo describe aspectos históricos de la Medicina legal en Antioquia, con énfasis en las personas que fueron importantes para su desarrollo inicial. THIS WORK DESCRIBES HISTORICAL aspects of legal medicine in Antioquia, Colombia. Emphasis is done on people who were important in its initial development.

  20. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 108 of 108 ... Issue, Title. Vol 8, No 2 (2016), The status and challenges of clinical informatics development in South Africa, Abstract PDF. Abayomi Kehinde Owolabi, Thokozani Patrick Mhlongo, Neil Evans. Vol 4, No 1 (2012), The stuttering implementation of language policies in the South African education system ...

  1. Browse Title Index

    African Journals Online (AJOL)

    Items 751 - 800 of 846 ... Journal Home > Advanced Search > Browse Title Index ... Vol 9, No 3S (2017): Special Issue, The effect of torrefaction on oil palm ... core competency skills of IRBM tax auditors towards their performance, Abstract PDF ... of exchange rates behavior in Malaysia by using NATREX model, Abstract PDF.

  2. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 76 of 76 ... Issue, Title. Vol 6, No 1 (2013), Integrating Sustainability into the Real Estate Valuation Process: A Nigerian Perspective, Abstract PDF. G K Babawale, B A Oyalowo. Vol 5, No 1 (2012), Internalising internationa valuation standards: Relevance and applicability issues in the Nigerian context, Abstract PDF.

  3. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 100 of 201 ... Issue, Title. Vol 12, No 1 (2006), Conservative management of cervical ectopic pregnancy: case report, Abstract PDF. TD Naidoo, MR Ramogale, J Moodley. Vol 18, No 2 (2012), Contraceptive use and associated factors among South African youth (18 - 24 years): A population-based survey, Abstract ...

  4. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 76 ... Issue, Title. Vol 16, No 2 (2006), A profile of the theatre procedures in paediatrict ophthalmic practice, Abstract. E O Onwasigwe. Vol 15, No 2 (2005), Abdominal cocoon, Abstract. Abdulrasheed K Adesunkanmi, Tajudeen A Badmus, Olukayode Ogundoyin, Akinwumi B Ogunrombi. Vol 18, No 1 (2008) ...

  5. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 93 ... Issue, Title. Vol 5 (2013), A cost-effective Geographic Information Systems for Transportation (GIS-T) application for traffic congestion analyses in the Developing World, Abstract PDF. E Agyemang. Vol 3 (2011), A Historical and Gendered Perspective on HIV / AIDS in Botswana, Abstract PDF. J Hesselberg ...

  6. Browse Title Index

    African Journals Online (AJOL)

    Items 301 - 350 of 577 ... Issue, Title. Vol 32, No 2 (2015), Late arrival in hospital during labour: any correlation with materno-foetal outcome? The state specialist hospital, Asubiaro, Osogbo Experience. Abstract PDF. OO Awolola. Vol 30, No 2 (2013), Late Reproductive Effects of Cancer Treatment in Young People, Abstract ...

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    African Journals Online (AJOL)

    Items 1 - 50 of 251 ... Issue, Title. Vol 55 (2014), 20 Years of democracy: Transforming the public service, Abstract. A Ruiters. Vol 63 (2016), Zemk' iinkomo magwala ndini! Wake up! The cows are being stolen! Abstract. Sipho Pityana. Vol 56 (2014), A layperson's guide to Nene's budget statement, Abstract. B Turok.

  8. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 50 of 1007 ... Issue, Title. Vol 11, No 1 (1997), (+)-Floribundone 3 from the pods of Senna septemtrionalis, Details PDF. Gizachew Alemayehu, Bekuretsion Woldeyesus, Berhanu M Abegaz. Vol 14, No 1 (2000), 11α-Hydroxy muzigadiolide, a novel drimane sesquiterpene from the stem bark of warburgia ugandensis ...

  9. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 170 of 170 ... Issue, Title. Vol 20, No 2 (2004), The Impact of Mine Closures on Rural Population Dynamics: The Case of Zhombe in Kwekwe District, Midlands Province, Zimbabwe, Abstract. Crescentia Madebwe. Vol 29, No 1 (2013), The Influence of Organisational Culture and Job Satisfaction on Intentions to ...

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    African Journals Online (AJOL)

    Items 151 - 200 of 633 ... Issue, Title. Vol 19, No 1 (2009), Delays in Tuberculosis Treatment and Associated Factors in Jimma Zone, Southwest Ethiopia, Abstract PDF. Ayalew Tegegn, Meseret Yazachew. Vol 26, No 1 (2016), Delivery Site Preferences and Associated Factors among Married Women of Child Bearing Age in ...

  11. Browse Title Index

    African Journals Online (AJOL)

    Items 251 - 300 of 367 ... Issue, Title. Vol 43 (2014), Some interlingual communicative challenges for foreign African interpreters in South African courtrooms, Abstract PDF. SE Usadolo, E Kotze. Vol 29 (1996), South Africa's new language policy in the context of the organisation for African unity's language plan of action for ...

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    African Journals Online (AJOL)

    Items 51 - 100 of 110 ... Issue, Title. Vol 10, No 1 (2003), Incidence and Determinants of Child Labour in Nigeria: Implications for Poverty Alleviation, Abstract. Benjamin Chiedozie Okpukpara, Ngozi Odurukwu. Vol 20, No 1 (2013), Inflation and capacity utilisation in Nigeria's manufacturing sector, Abstract. OA Ishola. Vol 19, No ...

  13. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 200 of 643 ... Issue, Title. Vol 18, No 2 (2015), Contraceptive Knowledge and Compliance with Guidelines for Providing Contraceptive Services by Patent Medicine Vendors In Ibadan North Local Government Area, Nigeria, Abstract PDF. OO Ajayi, AJ Ajuwon. Vol 16, No 2 (2013), Coping Strategy for Food Security ...

  14. Browse Title Index

    African Journals Online (AJOL)

    Issue, Title. Vol 8, No 2 (2016): Supplement, Using operative models (ICF and CBR) within an interprofessional context to address community needs, Abstract PDF. A Rhoda, F Waggie, G.C. Filies, J.M. Frantz. Vol 2, No 1 (2010), Using portfolios to assess professional competence and development in medical laboratory ...

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    African Journals Online (AJOL)

    Issue, Title. Vol 43, No 2 (2006), Review: "'n Wonderlike geweld. Jeugherinneringe", By Elsa Joubert (2005), Abstract PDF. Henriette Roos. Vol 53, No 1 (2016), Review: Breyten Breytenbach, A Monologue in Two Voices, Abstract PDF. Andy Carolin. Vol 53, No 1 (2016), Review: The Shadow of the Hummingbird, Abstract ...

  16. Geothermal energy and the law. I. The Federal Lands Management Program

    Energy Technology Data Exchange (ETDEWEB)

    Stone, C.D.; McNamara, J.

    1975-09-30

    A broad range of problems in the legal and institutional environment which hampers the development of the geothermal industry is discussed. The topics include: the development of geothermal energy; pre-leasing procedures--public vs. private assessment; exploratory permits and related strategies; the rate of geothermal leasing-past and future; compensation strategies; lessee qualifications; lands available for leasing; noncompensatory lease terms; ongoing leasehold and production requirements; problems of ''secondary'' geothermal uses; and water law conflicts. (LBS)

  17. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

    The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...

  18. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

    Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.

  19. What is the title of a Web page? A study of Webography practice

    Directory of Open Access Journals (Sweden)

    Timothy C. Craven

    2002-01-01

    Full Text Available Few style guides recommend a specific source for citing the title of a Web page that is not a duplicate of a printed format. Sixteen Web bibliographies were analyzed for uses of two different recommended sources: (1 the tagged title; (2 the title as it would appear to be from viewing the beginning of the page in the browser (apparent title. In all sixteen, the proportion of tagged titles was much less than that of apparent titles, and only rarely did the bibliography title match the tagged title and not the apparent title. Convenience of copying may partly explain the preference for the apparent title. Contrary to expectation, correlation between proportion of valid links in a bibliography and proportion of accurately reproduced apparent titles was slightly negative.

  20. 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.

  1. 78 FR 58555 - Notice of Segregation of Public Lands for the Proposed Stateline Solar Farm, CA

    Science.gov (United States)

    2013-09-24

    ...; CACA-048669] Notice of Segregation of Public Lands for the Proposed Stateline Solar Farm, CA AGENCY...-way lease/grant CACA-49504, dated October 7, 2010, on file at the BLM field office in Needles, CA... the legal description of the Ivanpah-3 BLM right- of-way lease/grant CACA-49504, dated October 7, 2010...

  2. 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

  3. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  4. Browse Title Index

    African Journals Online (AJOL)

    Items 1 - 20 of 20 ... Issue, Title. Vol 9, No 2 (2000), Age dependent changes in the hypothalamic amino acid neurotransmitters in response to nicotine, Abstract. NM Radwan, NA Ahmed, YAM Aly. Vol 9, No 2 (2000), Autoantibodies, ocular and auditory changes in patients with vitiligo, Abstract. AE Fathia, EA Nagwa, ...

  5. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 183 of 183 ... Issue, Title. Vol 9, No 1 (2004), Socio-economic constraints affecting youths involvement in national economic development, Abstract. Josephine U Nwagwu. Vol 12, No 2 (2007), Stabilizing Potential Of Cement-Fly Ash Mixture On Expansive Clay Soil, Abstract. OO Amu, AB Fajobi, SO Afekhuai. Vol 11 ...

  6. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 150 of 670 ... Issue, Title. Vol 9, No 2 (2012), Business Planning and the Economic Growth of Small and Medium Scale Enterprises in Nigeria, Abstract. Egbe Aneozeng A, Ejoh Ndifon Ojong, Obo Ekpenyong Bassey. Vol 11, No 2 (2014), Calabar Humaphors: An Analysis of Selected Jokes in Nigerian Stand Up ...

  7. Browse Title Index

    African Journals Online (AJOL)

    Issue, Title. Vol 25, No 2 (2005), Yam-based farm practices and nematode problems in stored yams (Dioscorea spp.) in Ghana, Abstract PDF. CK Kwoseh, RA Plowright, J Bridge, R Asiedu. Vol 27, No 2 (2007), Yield, irrigation production efficiency and economic returns of broccoli under variable drip irrigation and lateral ...

  8. Browse Title Index

    African Journals Online (AJOL)

    Items 201 - 250 of 11090 ... Issue, Title. Vol 12, No 49 (2013), In vitro regeneration of selected Kenyan papaya (Carica papaya L.) lines through shoot tip culture, Abstract PDF. Naomi Nzilani Mumo, Fredah Karambu Rimberia, George Edward Mamati, Agnes Wanjiru Kihurani. Vol 7, No 12 (2008), In vitro regeneration of Turkish ...

  9. Browse Title Index

    African Journals Online (AJOL)

    Items 151 - 200 of 232 ... Issue, Title. Vol 5 (2003), Pre-School Education for a Democratic Society: Identifying Views of Stakeholders in Tanzania, Abstract. Willy LM Komba, Satoki T Mahenge, Gadi Koda. Vol 13, No 2 (2012), Process of Assuring Quality in Counselling at the National Open University of Nigeria: A Critique ...

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    African Journals Online (AJOL)

    Items 501 - 550 of 670 ... Issue, Title. Vol 11, No 4 (2014), Strategies for Fostering Creativity Among Business Education Graduates in Nigeria, Abstract. BO Nwosu, KE Ojo. Vol 13, No 1 (2015) ... Vol 10, No 1 (2013), The Challenges Facing Accounting Education: The Nigerian Experience, Abstract. OR Okolie. Vol 5 (2008), The ...

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    African Journals Online (AJOL)

    Items 1 - 50 of 183 ... Issue, Title. Vol 62 (2017), #SchoolsOnFire: Criminal justice responses to protests that impede the right to basic education, Abstract PDF. Ann Skelton, Martin Nsibirwa. Vol 45 (2013), 'Pale Face'/'Pointy Face: SA Criminology in Denial, Abstract PDF. S Henkeman. Vol 59 (2017), Aluta continua: Police ...

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    African Journals Online (AJOL)

    Issue, Title. Vol 38, No 1 (2004), Book Review: Unexpected Voices – Theory, Practice and Identity in the Writing Classroom. Abstract. Charly Dyers. Vol 38, No 1 (2004), Book Review: Shelley Angelil-Carter: Stolen Language? Plagiarism in Writing. Abstract. Elizabeth de Kadt. Vol 37, No 1 (2003), Book Review: The Green ...

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    African Journals Online (AJOL)

    Issue, Title. Vol 23, No 2 (2011), Dynamique foliaire et croissance du maïs: Application du modèle «STICS» en conditions tropicales en RD-Congo, Abstract PDF. MM Lufuluabo, RV Kizungu, KK Nkongolo. Vol 18, No 1 (2006), Dynamique spatio-temporelle des populations d\\'Altises Podagrica spp. (Coleoptera ...

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    African Journals Online (AJOL)

    Items 201 - 250 of 661 ... Journal Home > Advanced Search > Browse Title Index. Log in or Register to get access to full text downloads. .... A El-Mahdy, B Bolduc, J Upadhyay, R Shoukr, A Khoury. Vol 19, No 1 (2013), Factors affecting lower calyceal stone clearance after Extracorporeal shock wave lithotripsy, Abstract PDF.

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    African Journals Online (AJOL)

    Items 201 - 250 of 367 ... Issue, Title. Vol 42 (2013), Nursing the Cure: A Phonetic Analysis of /ʊə/ in South African English, Abstract PDF. I Bekker. Vol 1 (1980), Nuwe ontwikkelings binne chomsky se teorle van kerngrammatika, Abstract PDF. J Maartens. Vol 42 (2013), Obligatory Reflexivity in a Minimalist Grammar of ...

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    Items 651 - 700 of 1007 ... Issue, Title. Vol 4, No 1 (1990), Kinetics of oxidation of β-diimihe macrocyclic complexes and accessibility of six-coordinate copper(III) complexes generated by electrochemical oxidation of copper(II) complexes, Abstract PDF. Mohamed A. Khalifa. Vol 14, No 2 (2000), Kinetics of periodate oxidation of ...

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    Issue, Title. Vol 22, No 2 (2008), Voltammetric determination of heparin based on its interaction with malachite green, Abstract PDF. Xueliang Niu, Weili Zhang, Na Zhao, Wei Sun. Vol 22, No 2 (2008), Voltammetric determination of l-cysteic acid on a 1-[4-(ferrocenyl-ethynyl)phenyl]-1-ethanone modified carbon paste ...

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    Items 51 - 100 of 265 ... Issue, Title. Vol 35, No 2 (2008), Choice of place for childbirth: prevalence and correlates of utilization of health facilities in Chongwe district, Zambia, Abstract PDF. AN Hazemba, S Siziya. Vol 43, No 1 (2016), Clinical and Radiological Features of Multiple Myeloma Patients at the University Teaching ...

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    Issue, Title. Vol 88, No 8 (1998), New birth and death registration forms - a foundation for the future, a challenge for health workers? Abstract PDF. Debbie Bradshaw, Danuta Kielkowski, Freddy Sitas. Vol 83, No 3 (1993), New estimates of infant and child mortality for blacks in South Africa, 1968-1979, Abstract PDF.

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    Items 851 - 900 of 1006 ... Issue, Title. Vol 54, No 2 (2012), The effect of the introduction of a standard monitoring protocol on the investigations performed on the metabolic control of type 2 diabetes at Addington Hospital Medical Outpatients Department, Durban, South Africa, Abstract PDF. JM Gill, A Ross, F Pirie, ...

  1. 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.

  2. 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

  3. 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...

  4. 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.

  5. Browse Title Index

    African Journals Online (AJOL)

    Items 51 - 100 of 100 ... Issue, Title. Vol 28 (2013): Special Issue, Occurrence of Cryptosporidium and Giardia in domestic animals in peri-urban communities of Kafue district, Zambia, Abstract. J Siwila, IGK Phiri, HI Enemark, M Nchito, A Olsen. Vol 26, No 1 (2009), Occurrence of foot and mouth disease serotypes in Tanzania: A ...

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    African Journals Online (AJOL)

    Items 1 - 15 of 15 ... Issue, Title. Vol 1, No 1 (2008), Assessment Of Ophthalmic Patients' Satisfaction In Owo, Abstract. CO Omolase, CO Fadamiro, BO Omolase, AS Aina, EO Omolade. Vol 3, No 1 (2010), Case Report: Strongyloides stercoralis coinfection in a Nigerian with HIV. Abstract. A.A Oyekunle, R.A.A Bolarinwa, O.A ...

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    African Journals Online (AJOL)

    Items 1 - 15 of 15 ... Issue, Title. Vol 1, No 1 (2007), An Action Five Strategy For Bridging The Gender Gap In Academic Research Activities In African Universities. The Case of Nigeria, Abstract PDF. DN Okorie, OG Agabi, CM Uche. Vol 1, No 1 (2007), Book Review: Confronting sexual harassment in Ghanaian Universities ...

  8. Browse Title Index

    African Journals Online (AJOL)

    Items 201 - 240 of 240 ... Issue, Title. Vol 8, No 4 (2005), Status equipment in primary health centres of Tafa Lga, North Central Nigeria, Abstract. MN Sambo, I Lewis, K Sabitu. Vol 10, No 1 (2007), Stroke at a tertiary medical institution in Northern Nigeria: Patients\\' profile and predictors of outcome, Abstract. KW Wahab, MU ...

  9. Browse Title Index

    African Journals Online (AJOL)

    Items 101 - 107 of 107 ... Issue, Title. Vol 6, No 1 (2017), The Ophthalmic status manifestations of nutritional and lifestyle disorders of men in a peri urban community in Ghana, Abstract PDF. F. Vuvor, M. Steiner-Asiedu, F.K. Saalia. Vol 2, No 1 (2013), Thyroid Disorders in Accra, Ghana: A Retrospective Histopathological Study ...

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    African Journals Online (AJOL)

    Items 51 - 100 of 165 ... Issue, Title. Vol 30 (2005), Digitisation projects at the University of Cape Town Libraries, Abstract. Janine Dunlop, Lesley Hart. Vol 24 (2002), DISA: an African Perspective on Digital Technology, Abstract. Michele Pickover, Dale Peters. Vol 30 (2005), Doing it right – or are we? Basic principles in the ...

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    African Journals Online (AJOL)

    Items 1 - 50 of 66 ... Issue, Title. Vol 48, No 1-2 (2015), A hierarchical modeling of information seeking behavior of school teachers in rural areas of Nigeria, Abstract. Manir Abdullahi Kamba. Vol 49, No 1-2 (2016), Access to electronic information resources by students of federal college of education in south east Nigeria ...

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    African Journals Online (AJOL)

    Items 351 - 400 of 400 ... Issue, Title. Vol 9, No 1 (2010), Soft tissue sarcoma of the thigh: Need for angiography in the developing, Abstract PDF. IA Adigun, GA Rahman, KO Ogundipe. Vol 3, No 1 (2004), Spectrum of rheumatic heart disease in Zaria, Northern Nigeria, Abstract. SS Danbauchi, MA Alhassan, SO David, ...

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    African Journals Online (AJOL)

    Items 51 - 68 of 68 ... Issue, Title. Vol 12, No 1-2 (2009), Sécurité et ordre politique au Cameroun : entre dynamiques internes et connexions internationales, Abstract PDF. BEP Chantal. Vol 6, No 1-2 (2003), Self-Determination, Nationalism, Development and Pan-Africanism Stuck on the Runway: Are Intellectuals to be Blamed ...

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    African Journals Online (AJOL)

    Items 251 - 300 of 328 ... Issue, Title. Vol 7, No 1 (2003), Sexual Harassment in Academia in Nigeria: How Real? Details PDF. Olugbenga Jelil Ladebo. Vol 8, No 2 (2004), Shaping the internet for match-making/dating: a challenge for the contemporary Nigerian family institution, Abstract PDF. Wale Adesina. Vol 6, No 1 (2002) ...

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    African Journals Online (AJOL)

    Items 101 - 150 of 198 ... Issue, Title ... Vol 7, No 1 (2013), Enterprise Cloud Adoption: Leveraging on the Business ... Load Balancing And Job Scheduling In Cloud Computing ... Vol 13, No 1 (2015), ICT-Based Framework for Improved Food Security in Nigeria ... Vol 5, No 1 (2012), IT-Based Solutions to the Electoral System in ...

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    African Journals Online (AJOL)

    Issue, Title. Vol 20, No 1 (2015), Assessment of iron status among preschool children (6 to 59 months) with and without malaria in Western Province, Kenya, Abstract. I Kisiangani, C Mbakaya, A Makokha, D Magu. Vol 20, No 1 (2015), Assessment of iron status among preschool children (6 to 59 months) with and without ...

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    African Journals Online (AJOL)

    Items 1 - 50 of 217 ... Browse Title Index. Journal Home > Advanced ... Vol 13, No 1 (2016), Access to specialized surgical care, Abstract PDF. H Saidi ... Vol 9, No 2 (2012), Clinical Assessment of the Palmaris Longus – Accuracy of common tests, Abstract PDF ... Vol 11, No 2 (2014), Clinical trials in Surgery, Abstract PDF.

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    Items 201 - 250 of 1006 ... Issue, Title. Vol 49, No 8 (2007), Clinical approach to a patient with abnormal uterine bleeding, Abstract PDF. B G Lindeque. Vol 57, No 5 (2015), Clinical evidence in the management of swimmer's ear, Abstract PDF. Andre Marais. Vol 50, No 1 (2008), Clinical features of Systemic Lupus ...

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    Items 251 - 300 of 2005 ... Issue, Title. Vol 92, No 4 (2015), Blood Pressure and Obesity Index Assessment in a Typical Urban Slum in Enugu, Nigeria, Abstract. GI Ahaneku, CU Osuji, OC Oguejiofor, BC Anisiuba, VO Ikeh, JE Ahaneku. Vol 80, No 10 (2003):, Blood pressure control in a population where antihypertensives are ...

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    African Journals Online (AJOL)

    Items 51 - 100 of 644 ... Issue, Title. Vol 19, No 2 (2007), A qualitative study of medical student socialization in Malawi\\'s College of Medicine: Clincal crisis and beyond, Abstract PDF. C Wendland, C Bandawe. Vol 19, No 2 (2007), A qualitative study of medical student socialization in Malawi\\'s College of Medicine: Preclinical ...