WorldWideScience

Sample records for legal management requirements

  1. 77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2012-03-02

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

  2. 78 FR 29247 - Contractor Legal Management Requirements; Acquisition Regulations; Correction

    Science.gov (United States)

    2013-05-20

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

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

    Science.gov (United States)

    2010-01-01

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

  5. Legal regime of water management facilities

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2013-01-01

    Full Text Available The paper analyzes the legal regime of water management facilities in the light of Serbian, foreign and European law. Different divisions of water management facilities are carried out (to public and private ones, natural and artificial ones, etc., with determination of their legal relevance. Account is taken of the issue of protection from harmful effects of waters to such facilities, as well. The paper points also to rules on the water management facilities, from acts of planning, to individual administrative acts and measures for maintenance of required qualitative and quantitative condition of waters, depending on their purpose (general use or special, commercial use o waters. Albeit special rules on water management facilities exist, due to the natural interlocking between all the components of the environment (water, air and soil, a comprehensive approach is required. A reference is made to other basic principles of protection of water management facilities as well, such as the principle of prevention, principle of sustainable development and the principle "polluter pays". The last one represents the achievement of contemporary law, which deviates from the idea accepted in the second half of 20th century that supported the socialization of risk from harmful effects of waters.

  6. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  7. 76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2011-12-28

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

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

    Science.gov (United States)

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

    2015-06-01

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

  9. Legal Opportunities for Public Participation in Forest Management in the Republic of Korea

    Directory of Open Access Journals (Sweden)

    Mi Sun Park

    2016-04-01

    Full Text Available Participation by multiple actors has been emphasized in managing state forests to meet various demands on forests within a global society. Public participation was also suggested as an approach to sustainable forest management. This paper aims to investigate the legal opportunities of public participation in managing state forests in the case of the Republic of Korea (ROK. Relevant legal and policy documents were selected for content analysis and were analyzed with the levels of participation. Litigation regarding state forest conflicts was analyzed. The ROK legal system includes multiple levels of participation in managing state forests: information sharing, consultation, collaborative decision-making, and implementation. The research results indicate that various stakeholders need legal opportunities to participate in the formation and implementation of policies for the management of state forests. Regulatory enforcement is required for guaranteeing environmental rights—access to information, participation in decision-making, and standing in court. Based on research results, this paper provides us with legal insights on promoting public participation in managing state forests.

  10. A computerized legal information management system | Ohiagu ...

    African Journals Online (AJOL)

    A computerized legal information management system. ... process through the filling system using the survey research methodology. ... A framework for the design and implementation of a legal information management system was presented.

  11. 78 FR 25795 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2013-05-03

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

  12. 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.

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

    Directory of Open Access Journals (Sweden)

    A. Nicolaides

    2012-01-01

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

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

    International Nuclear Information System (INIS)

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

    2015-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2015-06-15

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

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

    International Nuclear Information System (INIS)

    2000-01-01

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

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

    International Nuclear Information System (INIS)

    2004-01-01

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

  18. Legal aspects of nuclear waste management

    International Nuclear Information System (INIS)

    Hofmann, H.

    1981-01-01

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

  19. Through the Eyes of Higher Education Attorneys: How Department Chairs Are Navigating the Waters of Legal Issues and Risk Management

    Science.gov (United States)

    Hustoles, Carol L. J.

    2012-01-01

    Legal and risk management issues substantially impact the operations of colleges and universities, which face escalating compliance requirements in an increasingly litigious environment. Failing to assess legal liability issues and to constructively address them with risk management processes create vulnerability to claims and litigation,…

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

    International Nuclear Information System (INIS)

    Strohl, Pierre.

    1978-01-01

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

  1. Responsibility for safe management of spent nuclear fuel - a legal perspective

    International Nuclear Information System (INIS)

    Cramer, Per; Stendahl, Sara; Erhag, Thomas

    2010-10-01

    This study analyzes, based on Section 10 of the Swedish Nuclear Activities Act, the legal structures surrounding the issue of responsibility for safe management and final disposal of spent nuclear fuel. The purpose is to shed light on the legal aspects that must be considered in the future licensing process and thereby contribute to a better understanding of the importance of the legal structures for the decisions about final disposal that lie ahead of us. The overall question is thus future-oriented: What interpretation is it reasonable to assume will be given to the requirements of the Nuclear Activities Act on 'safe management and final disposal' of the spent nuclear fuel in the coming licensing process? The approach we take to this question is in part traditionally jurisprudential and based on a study of the travaux preparatoires (drafting history) of the Act and other legal sources. In addition, a study of legal practice is included where previous licensing processes are studied. One conclusion that can be drawn from this study is that the Swedish regulation of nuclear activities creates a legal basis for exacting far-reaching industrial responsibility from the reactor owners, but also for an extensive and interventionist state influence over the activities. Of central importance in the model for division of responsibility that was established via the Nuclear Activities Act in 1984 is the RDandD programme (Research, Development and Demonstration). The RDandD programme reflects the political will that the requirement of 'safe management' should be met through research. The statutory forms for how the programme is to be organized reflect an ambition to place great responsibility for execution and financing on the industry, but also, and not least, an ambition to retain instruments of control and influence in the hands of the state. It is difficult to judge whether the hopes of the 1980s regarding the influence of the public over this process have been fulfilled

  2. Abandonment (field decommissioning): The legal requirements

    International Nuclear Information System (INIS)

    Roberts, M.

    1994-01-01

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

  3. Legal and Regulatory Frameworks for Decommissioning and Waste Management

    International Nuclear Information System (INIS)

    Leech, Jonathan

    2016-01-01

    Safe and efficient decommissioning and waste management requires clear structures for allocating responsibility and funding. Organisation of decommissioning and waste management activities and the regulatory environment within which those activities are undertaken should also allow the supply chain to prosper and, wherever possible, reduce barriers to international availability of resources and waste facilities. Radioactive waste treatment and disposal in particular raises both legal and political challenges to effective international co-operation, yet options for decommissioning and waste management are maximised where international barriers can be minimised. Added to this, international nuclear liabilities issues must be managed so as to avoid unnecessary deterrents to international mobility of capability within the decommissioning market. Contractual terms and insurance arrangements for international shipments of nuclear waste and materials will also need to take into account imminent changes to liabilities conventions, ensuring compliance and management of compliance costs (of both insurance and management time). This paper explores legal and commercial structures intended to support effective decommissioning and waste management and examines regulatory and commercial factors affecting the ability of facility operators to utilise internationally available capability. It focusses on: - strategic approaches developed in the UK to address decommissioning and waste management liabilities associated with the UK's first and second generation civil nuclear sites and comparison of those approaches with other jurisdictions with significant decommissioning liabilities; - liability and compliance risks associated with navigating international nuclear liabilities regimes in context of both mobility of decommissioning capability and international waste shipment; and - regulatory issues affecting international availability of waste treatment facilities, including

  4. 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 ...

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

    International Nuclear Information System (INIS)

    Strassburg, W. Dr.

    1987-01-01

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

  6. Comparative legal aspects of pain management.

    Science.gov (United States)

    Vansweevelt, T

    2008-12-01

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

  7. EARNINGS MANAGEMENT, AUDIT QUALITY AND LEGAL ENVIRONMENT: AN INTERNATIONAL COMPARISON

    Directory of Open Access Journals (Sweden)

    Mehmet Unsal Memis

    2012-01-01

    Full Text Available This paper investigates the relationship between earnings management-audit quality and earnings management-legal system quality by using 1507 firms’ observations from listed companies in private firms across different 8 emerging countries. Consistent with previous research, differentiation between Big 4 and non-Big 4 audit firms are used as a audit quality proxy and discretionary accruals are used to measure the earnings management. According to the results, only for Brazilian and Mexican companies, there is significant relationship between the discretionary accruals and audit quality. For the other countries there is not significant relationship. Furthermore efficiency of the legal system helps decrease earnings management incentives. Along with results, the big four auditors do not constrain the earnings management incentives in every emerging country but effective legal system does. In this analysis we used other earnings management related variables like the size of the firms, leverage, lagged ROA of the firms which have loss in the previous year and Tobin Q as control variables.

  8. A review of legal framework applicable for the management of healthcare waste and current management practices in Ethiopia.

    Science.gov (United States)

    Haylamicheal, Israel Deneke; Desalegne, Solomon Akalu

    2012-06-01

    The management of healthcare waste (HCW) requires special attention due to the risk posed by the presence of hazardous waste. The first step towards this is the issuance of national legislation complemented by policy documents, regulations and technical guidelines. In Ethiopia there is no specific legislation for healthcare waste management (HCWM). However, there are various legislations which may provide a legal framework for the management of HCW. This review assesses the various legislations that are relevant to HCWM. It also looks into the institutional arrangements put in place and waste management practices that prevail in the country. It was found that, although the existing legislations have provisions that may provide a legal framework for the management of HCW in Ethiopia, they are not comprehensive and lack specificity in terms of defining hazardous HCW and its categories; in indicating legal obligations of healthcare facilities (HCFs) in handling, transporting, treating and disposing HCW, and record keeping and reporting. There is overlapping of mandates and lackof co-ordination among various government institutions that are responsible for HCWM. The HCWM practices also do not conform to the principles of waste management in general and HCWM in particular. Thus, to better manage HCW in Ethiopia, a specific and comprehensive legislation and policy document on HCWM with clear designation of responsibilities to various stakeholders should be issued immediately. Moreover, training and awareness raising activities on proper HCWM should be undertaken targeting medical staffs, HCF administrators, waste handlers, policy and decision makers and the general public.

  9. Scientific, legal and socio-political dimensions in radioactive waste management

    International Nuclear Information System (INIS)

    Dicus, G.J.

    2000-01-01

    Since the beginning of the twentieth century, research and development in the field of nuclear science and technology have led to wide scale applications in research, medicine and industry, and in the generation of electricity by nuclear fission. In common with certain other human activities, these practices generate waste that requires management to ensure the protection of human health and the environment now, and in the future, without imposing undue burdens on future generations. Radioactive waste may also result from the processing of raw materials that contain naturally occurring radionuclides. To achieve the objective of safe radioactive waste management requires an effective and systematic approach within a legal framework in each of our countries, in which the roles and responsibilities of all relevant parties are defined. Each Member State needs to have a national framework that sets forth the necessary and sufficient elements and requirements for radioactive waste management. It is clear that the international nuclear community has a sincere collective interest in establishing and implementing a sound infrastructure to safety manage our legacy and future spent nuclear fuel and radioactive waste inventories, and we recognize that it is our international responsibility to safely manage radioactive waste in a way that reasonably ensures adequate protection to our workers, our public and our environment for our present and for future generations. Clearly communicating our thoughts and processes to the public; involving them through formal participation mechanisms and demonstrating a willingness to be open to constructive criticism, are elements that are essential to effective and successful regulation and implementation. These interactions with vested parties and with members of the public will provide early signals regarding the dominant interests and concerns of those individuals and communities that will be directly or indirectly impacted by the action

  10. Therapeutic risk management of clinical-legal dilemmas: should it be a core competency?

    Science.gov (United States)

    Simon, Robert I; Shuman, Daniel W

    2009-01-01

    Therapeutic risk management of clinical-legal dilemmas achieves an optimal alignment between clinical competence and an understanding of legal concerns applicable to psychiatric practice. Understanding how psychiatry and law interact in frequently occurring clinical situations is essential for effective patient care. Successful management of clinical-legal dilemmas also avoids unnecessary, counterproductive defensive practices.

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

    Science.gov (United States)

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

    2015-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Joe-Steve Annan

    2015-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Silvio Romero Beltrão

    2015-04-01

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

  14. LEGACY MANAGEMENT REQUIRES INFORMATION

    International Nuclear Information System (INIS)

    CONNELL, C.W.; HILDEBRAND, R.D.

    2006-01-01

    ''Legacy Management Requires Information'' describes the goal(s) of the US Department of Energy's Office of Legacy Management (LM) relative to maintaining critical records and the way those goals are being addressed at Hanford. The paper discusses the current practices for document control, as well as the use of modern databases for both storing and accessing the data to support cleanup decisions. In addition to the information goals of LM, the Hanford Federal Facility Agreement and Consent Order, known as the ''Tri-Party Agreement'' (TPA) is one of the main drivers in documentation and data management. The TPA, which specifies discrete milestones for cleaning up the Hanford Site, is a legally binding agreement among the US Department of Energy (DOE), the Washington State Department of Ecology (Ecology), and the US Environmental Protection Agency (EPA). The TPA requires that DOE provide the lead regulatory agency with the results of analytical laboratory and non-laboratory tests/readings to help guide them in making decisions. The Agreement also calls for each signatory to preserve--for at least ten years after the Agreement has ended--all of the records in its or its contractors, possession related to sampling, analysis, investigations, and monitoring conducted. The tools used at Hanford to meet TPA requirements are also the tools that can satisfy the needs of LM

  15. Investigation on regulatory requirements for radiation safety management

    International Nuclear Information System (INIS)

    Han, Eun Ok; Choi, Yoon Seok; Cho, Dae Hyung

    2013-01-01

    NRC recognizes that efficient management of radiation safety plan is an important factor to achieve radiation safety service. In case of Korea, the contents to perform the actual radiation safety management are legally contained in radiation safety management reports based on the Nuclear Safety Act. It is to prioritize the importance of safety regulations in each sector in accordance with the current situation of radiation and radioactive isotopes-used industry and to provide a basis for deriving safety requirements and safety regulations system maintenance by the priority of radiation safety management regulations. It would be helpful to achieve regulations to conform to reality based on international standards if consistent safety requirements is developed for domestic users, national standards and international standards on the basis of the results of questions answered by radiation safety managers, who lead on-site radiation safety management, about the priority of important factors in radioactive sources use, sales, production, moving user companies, to check whether derived configuration requirements for radiation safety management are suitable for domestic status

  16. Some points in legal regulation of radioactive waste management

    International Nuclear Information System (INIS)

    Tikhankin, Anatoly; Levin, Alexander

    1999-01-01

    In Russia, the system of the legal acts regulating radioactive waste management is now in progress. Development of the federal norms and regulations on the use of atomic energy is a responsibility of Gosatomnazdor. This presentation describes in detail the work done by Gosatomnadzor in 1997/1998 on the development of the legal documents regulating the management of radioactive waste and spent nuclear material. A document of special importance is ''Burial of Radioactive Wastes. Principles, Criteria and Basic Safety Requirements''. This is discussed in some detail. For all stages of radioactive waste management, safety criteria for population and personnel are set up in strict analogy with current legislation for any other type of radiological hazard. A combined, or hybrid, safety criterion is suggested for estimation of long-term safety of radioactive waste repository systems, for the period upon termination of the established administrative monitoring after closing the repository. A dose criterion is accepted for normal radiation exposure and a risk criterion for potential radiation exposure. The safety of radioactive waste repository should be ensured by means of graded safeguard throughout the entire period of burial. Graded safeguard is based on independent barriers on the way of ionising radiation and emission of radioactive substances into the environment and protection and maintenance of these barriers. Examples show how the provisions of the document are applied in practice in the permafrost area of Russia. Permafrost soil has low water permeability, which is significant because underground water is the main transport medium in case of a leakage from a repository

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

    Science.gov (United States)

    Junod, V; Elger, B

    2010-07-25

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

  18. The final management of nuclear fuel. Legal and economic aspects

    International Nuclear Information System (INIS)

    Villota, C. de

    2009-01-01

    This article gives a brief summary of the characteristics of spent fuel and the lines of action considered for its management. It describes the legal framework that supports the Radioactive Waste Management Plan (PGRR), which contains the lines applicable to Final Spent Fuel Management, as well as the evolution of this legal framework. The article contains the 2008 updated costs of the various items of the PGRR, with a more detailed description of those related to this type of fuel, as well the source and amount of the financial contributions to the fund for meeting these costs, including how they have evolved over time. finally, it provides some personal reflections on this issue. (Author)

  19. Legal framework of radioactive waste management in Indonesia

    International Nuclear Information System (INIS)

    Ridwan, M.

    2000-01-01

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

  20. Controlling Legal Risk for Effective Hospital Management

    Directory of Open Access Journals (Sweden)

    Hyun Jun Park

    2016-04-01

    Full Text Available Purpose: To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. Materials and Methods: This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee. Results: Of 55 civil lawsuits, men were the main plaintiffs in 31 cases (56.4%. The average period from medical malpractice to malpractice proceeding was 16.5 months (range, 1 month to 6.4 years, and the average period from malpractice proceeding to the disposition of a lawsuit was 21.7 months (range, 1 month to 4 years and 11 months. Conclusions: Hospitals can effectively manage their legal risks by implementing a systematic medical system, eliminating risk factors in administrative service, educating all hospital employees on preventative strategies, and improving customer service. Furthermore, efforts should be made to establish standard coping strategies to manage medical disputes and malpractice lawsuits, operate alternative dispute resolution methods including the Medical Dispute Mediation Committee, create a compliance support center, deploy a specialized workforce including improved legal services for employees, and specialize the management-level tasks of the hospital.

  1. 49 CFR 568.7 - Requirements for manufacturers who assume legal responsibility for a vehicle.

    Science.gov (United States)

    2010-10-01

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

  2. Fiduciary and Legal Considerations for Student-Managed Investment Funds

    Science.gov (United States)

    Gradisher, Suzanne; Kahl, Douglas R.; Clinebell, John M.; Stevens, Jerry L.

    2016-01-01

    Student-managed investment funds are popular forms of experiential learning in business schools and finance departments. The investment management experience is a real world activity and the structure of the fund may also introduce real world fiduciary and legal responsibilities for students, faculty, and administrators. The authors review how the…

  3. Policy, Legal and Regulatory Framework for Records Management ...

    African Journals Online (AJOL)

    Policy, Legal and Regulatory Framework for Records Management in the ... of any country and are essential to the administration of law in the justice system. ... as the Kenya Public Archives and Documentation Service Act Cap 19 of 1965; the ...

  4. Quality management as a strategy to support collection development in legal libraries

    Directory of Open Access Journals (Sweden)

    Ana Cláudia Carvalho de Miranda

    2016-05-01

    Full Text Available Libraries are seen as non-profit organizations, their main objective is to offer quality in information mediation, in order to meet the user´s specific information needs. Thus, as organizations, libraries need to apply management strategies that aim to guarantee its effectiveness and efficiency to ensure its survival. Amongst some strategies is quality management. This article aims to propose a debate regarding quality management applied to Collections Development in Legal Libraries. In order to attend these objectives, literature review was realized considering the areas of Quality, Collection Development. In this process, the research identifies the main characteristics applied to Law Libraries, characterizes Legal information as well as points out the main challenges in this area and possible solutions. Based on the reflections given, it can be confirmed that the role of the legal library is to disseminate legal information in the institutions to which they belong to, support legal decisions, work with law in its raw state so it can be interpreted, aiming to reach certain standards contributing to peace in society. It is concluded that for this process to be fulfilled it is necessary the effective implementation of strategies for ensuring the quality of the provided services.

  5. Ohio Legal Office Managment. Technical Competency Profile (TCP).

    Science.gov (United States)

    Ray, Gayl M.; Wilson, Nick; Mangini, Rick

    This document, which lists core business and legal office management competencies identified by representatives from education and business and industry throughout Ohio, is intended to assist individuals and organizations in developing college tech prep programs that will prepare students from secondary through post-secondary associate degree…

  6. A legal approach to radioactive waste management

    International Nuclear Information System (INIS)

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

    1983-01-01

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

  7. The Legal Framework for Groundwater Allocation in Quebec: Towards Integrated Water Management

    Directory of Open Access Journals (Sweden)

    Hugo Tremblay

    2008-09-01

    Full Text Available This paper aims at providing a model of the legal framework for groundwater allocation in the province of Quebec (Canada, identifying its potential deficiencies and suggesting possible improvements. In Quebec, groundwater is a res communis. The right to use it is tied to real estate property. This right forms the basis of the legal framework for the management of groundwater quantity. However, according to statutory law, the actual use of groundwater also depends on governmental authorisations that limit quantities used. The main statutory instrument for managing the resource is the Groundwater Catchment Regulation (GWCR, which aims at conflict prevention between first users and new users by means of governmental authorisations. In agricultural areas, an additional authorisation regime indirectly prioritises agricultural groundwater uses. Finally, legal mechanisms addressing conflicts between water users rely on the general litigation framework provided by Quebec law without establishing an order of priority for the different uses of the resource. According to Integrated Water Resources Management, four aspects of the legal framework for groundwater quantity management can be modified to increase the efficiency of the allocation regime: 1 provisions should be made to preserve a residual environmental flow; 2 an order of priority should be established between the different uses to minimise conflict; 3 the scope of the regime should be extended to all groundwater users to increase its efficiency; 4 stakeholders should participate in the management of the resource.

  8. Telemental Health for Children and Adolescents: An Overview of Legal, Regulatory, and Risk Management Issues.

    Science.gov (United States)

    Kramer, Gregory M; Luxton, David D

    2016-04-01

    The use of technology to provide telemental healthcare continues to increase; however, little has been written about the legal and regulatory issues involved in providing this form of care to children and adolescents. This article reviews existing laws and regulations to summarize the risk management issues relevant to providing telemental healthcare to children and adolescents. There are several legal and regulatory areas in which telemental health clinicians need to have awareness. These areas include: 1) Licensure, 2) malpractice liability, 3) credentialing and privileging, 4) informed consent, 5) security and privacy, and 6) emergency management. Although legal and regulatory challenges remain in providing telemental healthcare to children and adolescents, it is possible to overcome these challenges with knowledge of the issues and appropriate risk management strategies. We provide general knowledge of these key legal and regulatory issues, along with some risk management recommendations.

  9. Legal Liability and Risk Management in Outdoor Training.

    Science.gov (United States)

    Dynon, John; Loynes, Chris

    1990-01-01

    Describes duties and responsibilities of outdoor instructors under British criminal and civil law. Discusses elements of negligence under civil law including damage, duty of care, standard of care, in loco parentis, students' duty of care, foreseeability, and employer's legal duty. Presents risk management in terms of primary, secondary, and…

  10. The final management of nuclear fuel. Legal and economic aspects; La gestion final del combustible nuclear. Aspectos legales y economicos

    Energy Technology Data Exchange (ETDEWEB)

    Villota, C. de

    2009-07-01

    This article gives a brief summary of the characteristics of spent fuel and the lines of action considered for its management. It describes the legal framework that supports the Radioactive Waste Management Plan (PGRR), which contains the lines applicable to Final Spent Fuel Management, as well as the evolution of this legal framework. The article contains the 2008 updated costs of the various items of the PGRR, with a more detailed description of those related to this type of fuel, as well the source and amount of the financial contributions to the fund for meeting these costs, including how they have evolved over time. finally, it provides some personal reflections on this issue. (Author)

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

    National Research Council Canada - National Science Library

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

    2006-01-01

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

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

    International Nuclear Information System (INIS)

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

    2009-01-01

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

  13. FOREIGN EXPERIENCE OF MANAGEMENT AND NORMATIVELY-LEGAL ADJUSTING BY INTERNATIONAL TRANSPORTATIONS

    Directory of Open Access Journals (Sweden)

    Nataliya Grigorievna Kuftinova

    2015-09-01

    Full Text Available In this article foreign experience of management is examined by international transportations and prospects of development of management information by bus transportations and transportations of loads. Normatively-legal adjusting, basic norms of domestic law as article of intergovernmental agreements on international transportations.

  14. Development of regulatory and legal framework for spent fuel and radwaste management

    International Nuclear Information System (INIS)

    Bezzubtsev, V.S.

    2012-01-01

    The Basics of National Policy in Nuclear and Radiation Safety assurance in the Russian Federation define the principles and objectives of nuclear and radiation safety of nuclear facilities during all stages of their life cycle. Russia's National Report at the Fourth Review Meeting of Contracting Parties to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management reflected the organizational as well as legal and regulatory changes that have taken place over past three years. Amendments recently made to the Russian Nuclear Energy Law as well as the Law on Radwaste Management adopted in 2011 are discussed. Federal norms and regulations in the field of spent fuel and radwaste management are also presented. Organizational and legal reforms related to state safety regulation are described [ru

  15. COMPARING LEGAL REQUIREMENTS AND USER NEEDS

    Directory of Open Access Journals (Sweden)

    S. Gristina

    2016-10-01

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

  16. [Legal and methodical aspects of occupational risk management].

    Science.gov (United States)

    2011-01-01

    Legal and methodical aspects of occupational risk management (ORM) are considered with account of new official documents. Introduction of risk and risk management notions into Labor Code reflects the change of forms of occupational health and safety. The role of hygienist and occupational medicine professionals in workplace conditions certification (WCC) and periodical medical examinations (PME) is strengthened. The ORM could be improved by introducing the block of prognosis and causation based on IT-technologies that could match systems of WCC and PME thus improving the effectiveness of prophylactics.

  17. Legal responsibility and the labor law application of managers in the Municipality of Gjilani businesses

    Directory of Open Access Journals (Sweden)

    Zymer Tafaj

    2015-03-01

    Full Text Available This paper explores the behavior of managers who lead businesses in the Gjilani municipality and their legal responsibility during their activities based on law. It consists of two phases. In the first phase we analyze the international literature that deals with this topic in a systematic interpretation. While in the second phase we analyze data’s collected from the field. In the second phase we have interviewed 15 managers, that have implied their perceptions about legal responsibility and on the other hand we have also interviewed 15 employees analyzing their legal responsibility. Among the most interesting findings in this paper, is that the managers of Gjilani municipality are aware about the legal responsibility theoretically, while most of them do not fulfill the obligations, by placing their interests in first place, with the aim of achieving more revenues by breaking the law.

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

    Science.gov (United States)

    Collins, Lauren W.; Zirkel, Perry A.

    2017-01-01

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

  19. 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'. ...

  20. A comparison of the legal frameworks supporting water management in Europe and China.

    Science.gov (United States)

    Yang, X; Griffiths, I M

    2010-01-01

    This paper has compared the legal frameworks supporting water management in Europe and China, with special focus on integrated river basin management (IRBM) to identify synergies and opportunities in policymaking and implementation. The research shows that China has committed to the efficient management of water resources through various policy tools during the current period. This commitment, however, has often been interrupted and distorted by politics, resulting in the neglect of socioeconomic and environmental priorities. The European legal framework supporting water management underwent a complex and lengthy development, but with the adoption of the Water Framework Directive provides a policy model on which to develop an integrated and sustainable approach to river basin management, elements of which may help to meet the demands of the emerging 21st century Chinese society on these critical natural resources.

  1. University Lawyers: A Study of Legal Risk, Risk Management and Role in Work Integrated Learning Programmes

    Science.gov (United States)

    Cameron, Craig; Klopper, Christopher

    2015-01-01

    Work integrated learning (WIL) is in growing demand by multiple stakeholders within the higher education sector in Australia. There are significant and distinct legal risks to universities associated with WIL programmes. University lawyers, along with WIL administrators and university management, are responsible for managing legal risk. This…

  2. Legality, Quality Assurance and Learning: Competing Discourses of Plagiarism Management in Higher Education

    Science.gov (United States)

    Sutherland-Smith, Wendy

    2014-01-01

    In universities around the world, plagiarism management is an ongoing issue of quality assurance and risk management. Plagiarism management discourses are often framed by legal concepts of authorial rights, and plagiarism policies outline penalties for infringement. Learning and teaching discourses argue that plagiarism management is, and should…

  3. 50 CFR 23.60 - What factors are considered in making a legal acquisition finding?

    Science.gov (United States)

    2010-10-01

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

  4. When good times go bad: managing 'legal high' complications in the emergency department.

    Science.gov (United States)

    Caffrey, Charles R; Lank, Patrick M

    2018-01-01

    Patients can use numerous drugs that exist outside of existing regulatory statutes in order to get "legal highs." Legal psychoactive substances represent a challenge to the emergency medicine physician due to the sheer number of available agents, their multiple toxidromes and presentations, their escaping traditional methods of analysis, and the reluctance of patients to divulge their use of these agents. This paper endeavors to cover a wide variety of "legal highs," or uncontrolled psychoactive substances that may have abuse potential and may result in serious toxicity. These agents include not only some novel psychoactive substances aka "designer drugs," but also a wide variety of over-the-counter medications, herbal supplements, and even a household culinary spice. The care of patients in the emergency department who have used "legal high" substances is challenging. Patients may misunderstand the substance they have been exposed to, there are rarely any readily available laboratory confirmatory tests for these substances, and the exact substances being abused may change on a near-daily basis. This review will attempt to group legal agents into expected toxidromes and discuss associated common clinical manifestations and management. A focus on aggressive symptom-based supportive care as well as management of end-organ dysfunction is the mainstay of treatment for these patients in the emergency department.

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

    Science.gov (United States)

    Kluge, Eike-Henner W

    2003-01-01

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

  6. 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

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

    Science.gov (United States)

    Teklehaimanot, K I; Smith, C Hord

    2004-01-01

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

  8. Responsibility for safe management of spent nuclear fuel - a legal perspective; Ansvarstagande i kaernbraenslecykelns slutsteg - ett raettsligt perspektiv

    Energy Technology Data Exchange (ETDEWEB)

    Cramer, Per; Stendahl, Sara; Erhag, Thomas (Dept. of Law, Univ. of Goeteborg, Goeteborg (Sweden))

    2010-10-15

    This study analyzes, based on Section 10 of the Swedish Nuclear Activities Act, the legal structures surrounding the issue of responsibility for safe management and final disposal of spent nuclear fuel. The purpose is to shed light on the legal aspects that must be considered in the future licensing process and thereby contribute to a better understanding of the importance of the legal structures for the decisions about final disposal that lie ahead of us. The overall question is thus future-oriented: What interpretation is it reasonable to assume will be given to the requirements of the Nuclear Activities Act on 'safe management and final disposal' of the spent nuclear fuel in the coming licensing process? The approach we take to this question is in part traditionally jurisprudential and based on a study of the travaux preparatoires (drafting history) of the Act and other legal sources. In addition, a study of legal practice is included where previous licensing processes are studied. One conclusion that can be drawn from this study is that the Swedish regulation of nuclear activities creates a legal basis for exacting far-reaching industrial responsibility from the reactor owners, but also for an extensive and interventionist state influence over the activities. Of central importance in the model for division of responsibility that was established via the Nuclear Activities Act in 1984 is the RDandD programme (Research, Development and Demonstration). The RDandD programme reflects the political will that the requirement of 'safe management' should be met through research. The statutory forms for how the programme is to be organized reflect an ambition to place great responsibility for execution and financing on the industry, but also, and not least, an ambition to retain instruments of control and influence in the hands of the state. It is difficult to judge whether the hopes of the 1980s regarding the influence of the public over this process

  9. The Legal Case

    NARCIS (Netherlands)

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

    2013-01-01

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

  10. The clinical management of diabetic foot in the elderly and medico-legal implications.

    Science.gov (United States)

    Terranova, Claudio; Bruttocao, Andrea

    2013-10-01

    Diabetic foot is a complex and challenging pathological state, characterized by high complexity of management, morbidity and mortality. The elderly present peculiar problems which interfere on one hand with the patient's compliance and on the other with their diagnostic-therapeutic management. Difficult clinical management may result in medico-legal problems, with criminal and civil consequences. In this context, the authors present a review of the literature, analysing aspects concerning the diagnosis and treatment of diabetic foot in the elderly which may turn out to be a source of professional responsibility. Analysis of these aspects provides an opportunity to discuss elements important not only for clinicians and medical workers but also experts (judges, lawyers, medico-legal experts) who must evaluate hypotheses of professional responsibility concerning diabetic foot in the elderly.

  11. 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.

  12. Legal requirements concerning the technical safety of nuclear installations

    International Nuclear Information System (INIS)

    Nolte, R.

    1984-01-01

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

  13. When good times go bad: managinglegal high’ complications in the emergency department

    Directory of Open Access Journals (Sweden)

    Caffrey CR

    2017-12-01

    Full Text Available Charles R Caffrey, Patrick M Lank Department of Emergency Medicine, Feinberg School of Medicine, Northwestern University, Chicago, IL, USA Abstract: Patients can use numerous drugs that exist outside of existing regulatory statutes in order to get “legal highs.” Legal psychoactive substances represent a challenge to the emergency medicine physician due to the sheer number of available agents, their multiple toxidromes and presentations, their escaping traditional methods of analysis, and the reluctance of patients to divulge their use of these agents. This paper endeavors to cover a wide variety of “legal highs,” or uncontrolled psychoactive substances that may have abuse potential and may result in serious toxicity. These agents include not only some novel psychoactive substances aka “designer drugs,” but also a wide variety of over-the-counter medications, herbal supplements, and even a household culinary spice. The care of patients in the emergency department who have used “legal high” substances is challenging. Patients may misunderstand the substance they have been exposed to, there are rarely any readily available laboratory confirmatory tests for these substances, and the exact substances being abused may change on a near-daily basis. This review will attempt to group legal agents into expected toxidromes and discuss associated common clinical manifestations and management. A focus on aggressive symptom-based supportive care as well as management of end-organ dysfunction is the mainstay of treatment for these patients in the emergency department. Keywords: legal highs, novel psychoactive substances, toxicology, opioid toxidrome, anticholinergic toxidrome, sympathomimetic toxidrome, hallucinogens, inhalants

  14. A SUSTAINABLE HEALTH CARE SYSTEM REQUIRES MANAGEMENT TRANSFORMATION

    Directory of Open Access Journals (Sweden)

    Kanellopoulos Dimitros

    2011-12-01

    Full Text Available In order to be the health care system sustainable , management transformations must be based on very precise diagnostic analysis that includes complete and current information. It is necessary to implement an information system that collects information in real time, that watches the parameters that significantly influence the sustainability of the system. Such an information system should point out a radiography(a scan of the system at some time under following aspects:: 1. An overview of system; 2 An overview of the economic situation; 3 A technical presentation ;4. A legal overview; 5. A social overview ; 6. A management overview .Based on these Xrays of the health system, it outlines a series of conclusions and recommendations together with a SWOT analysis that highlights the potential internal (strengths and weaknesses and external potential (opportunities and threats. Based on this analysis and recommendations, the management is going to redesign the system in order to be adapted to the changing environmental requirements. Management transformation is recommended to be by following steps. :1. The development of a new management system that would make a positive change in the health care system 2. Implementation of the new management system 3. Assessment of the changes

  15. Environmental and legal aspects of cooling water chemistry

    International Nuclear Information System (INIS)

    Hoffmann, H.J.

    1988-01-01

    The discharge and management of cooling water and waste water are subject to a number of ecological and legal requirements. For example, waste heat and cooling water constituents may affect surface bodies of water, or waste water discharge may have adverse effects on surface water and ground water. Waste water and cooling water discharge are subject to the Water Management Act (WHG) and the Waste Water Act, with about 50 administrative regulations. The requirements on water chemistry and analysis are gone into. (orig./HP) [de

  16. International legal framework for geoengineering: Managing the risks of an emerging technology

    NARCIS (Netherlands)

    Du, Haomiao

    2016-01-01

    The present book “International Legal Framework for Geoengineering – Managing the Risks of an Emerging Technology” is about international law and an emerging technology called geoengineering, which refers to the large-scale manipulation of the planetary environment for counteracting anthropogenic

  17. Managing research data

    CERN Document Server

    2012-01-01

    Data management has become an essential requirement for information professionals. This title defines what is required to achieve a culture of effective data management offering advice on the skills required, legal and contractual obligations, strategies and management plans and the data management infrastructure of specialists and services.

  18. ROMANIAN AERONAUTICAL METEOROLOGY APPLICABLE LEGAL FRAMEWORK –BRIEFING

    Directory of Open Access Journals (Sweden)

    CATALIN POPA

    2012-05-01

    Full Text Available The purpose of this briefing is toprovide an overview of the aeronautical meteorology legal framework in Romania. In this context, the role and importance of aeronautical meteorology in international air traffic management will be underlined, with focus on the civil aviation activity in Romania. The international legal framework and modalities of implementing these rules at national level will constitute a significant part of the present study., Specific accent will be put on the national regulatory framework and structure, means of updating it, and how it responds to changing regulatory requirements.

  19. Legal and regulatory education and training needs in the healthcare industry.

    Science.gov (United States)

    Henson, Steve W; Burke, Debra; Crow, Stephen M; Hartman, Sandra J

    2005-01-01

    As in any other industry, laws and regulations significantly impact the functioning of the healthcare industry. Some laws, such as those relating to malpractice and social insurance systems, affect the manner in which the industry operates. Other laws, such as those regulating antitrust and employment practices, affect the organization and the environment in which the industry operates. It is increasingly important that practitioners and managers be cognizant of this complex and dynamic legal minefield. This study examined healthcare managers and executives' knowledge of 9 key issues in the legal and regulatory environment of the healthcare industry. Specifically, the study focused on knowledge concerning tort and contract liability, insurance law, labor and employment regulation, criminal and ethical responsibility, antitrust regulation, the law governing business associations and recent developments. Findings suggest that the levels of knowledge required to manage legal and regulatory issues are much greater than the existing levels of knowledge.

  20. Aspects of a legal framework for language resource management

    CSIR Research Space (South Africa)

    Sharma Grover, A

    2012-05-01

    Full Text Available . References Sharma Grover, A, Van Huyssteen, GB & Pretorius, MW. (2011). The South African Human Language Technology Audit. Language Resources and Evaluation. DOI: 10.1007/s10579-011-9151-2. ISSN: 1574-020X. 45(3). Binnenpoorte, D., De Vriend, F., Sturm... Legal Framework for Language Resource Management Aditi Sharma Grover1, Annamart Nieman2, Gerhard B. van Huyssteen3, Justus C. Roux3 Human Language Technology Research Group, CSIR-Meraka Institute, Pretoria, South Africa1, Advocate, Member...

  1. Indonesian law and reality in the Delta : a socio-legal inquiry into laws, local bureaucrats and natural resources management in the Mahakam Delta, East Kalimantan

    NARCIS (Netherlands)

    Simarmata, Rikardo

    2012-01-01

    This book provides a socio-legal inquiry into the legal and administrative management of the natural resources of the Mahakam Delta, East Kalimantan, Indonesia. This book argues that due to a combination of complex legal and non-legal factors, laws and regulations on natural resources management of

  2. The interface of legal and esthetic considerations

    Science.gov (United States)

    Richard C. Smardon

    1979-01-01

    This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

  3. Accounting software cost management on health and safety, legal framework and areas of improvement

    Directory of Open Access Journals (Sweden)

    K.I. Samchuk

    2017-03-01

    Full Text Available Awareness of human life and health as the highest value is a sign of a civilized society. The economic activity of enterprises accompanied the influence of dangerous and harmful factors. An urgent need for society development and European integration is to create an effective mechanism by which the whole complex will be implemented measures to create conditions that meet the health care workers. The article highlighted media mouthpieces and performers interests of occupational safety, responsibilities entities regarding safety, the place and importance of your support in the management of safety measures, the necessity and directions of its improvement. Improving your security management costs of safety measures based on the determination of the legal framework, which aims to provide legal protection for employees, agencies and organizations, entities in the relationship work.

  4. Environmental Requirements Management

    Energy Technology Data Exchange (ETDEWEB)

    Cusack, Laura J.; Bramson, Jeffrey E.; Archuleta, Jose A.; Frey, Jeffrey A.

    2015-01-08

    CH2M HILL Plateau Remediation Company (CH2M HILL) is the U.S. Department of Energy (DOE) prime contractor responsible for the environmental cleanup of the Hanford Site Central Plateau. As part of this responsibility, the CH2M HILL is faced with the task of complying with thousands of environmental requirements which originate from over 200 federal, state, and local laws and regulations, DOE Orders, waste management and effluent discharge permits, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response and Resource Conservation and Recovery Act (RCRA) corrective action documents, and official regulatory agency correspondence. The challenge is to manage this vast number of requirements to ensure they are appropriately and effectively integrated into CH2M HILL operations. Ensuring compliance with a large number of environmental requirements relies on an organization’s ability to identify, evaluate, communicate, and verify those requirements. To ensure that compliance is maintained, all changes need to be tracked. The CH2M HILL identified that the existing system used to manage environmental requirements was difficult to maintain and that improvements should be made to increase functionality. CH2M HILL established an environmental requirements management procedure and tools to assure that all environmental requirements are effectively and efficiently managed. Having a complete and accurate set of environmental requirements applicable to CH2M HILL operations will promote a more efficient approach to: • Communicating requirements • Planning work • Maintaining work controls • Maintaining compliance

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

    NARCIS (Netherlands)

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

    2017-01-01

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

  6. 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...

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

    Directory of Open Access Journals (Sweden)

    Juan Antonio Gaviria

    2017-07-01

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

  8. The cloud security ecosystem technical, legal, business and management issues

    CERN Document Server

    Ko, Ryan

    2015-01-01

    Drawing upon the expertise of world-renowned researchers and experts, The Cloud Security Ecosystem comprehensively discusses a range of cloud security topics from multi-disciplinary and international perspectives, aligning technical security implementations with the most recent developments in business, legal, and international environments. The book holistically discusses key research and policy advances in cloud security - putting technical and management issues together with an in-depth treaties on a multi-disciplinary and international subject. The book features contributions from key tho

  9. Meeting Overlapping Requirements of the Quality Management System and Act 304 at SINAGAMMA, ALURTRON and RAYMINTEX: An Improvement

    International Nuclear Information System (INIS)

    Nik Arlina Nik Ali; Nurul Huda Mudri; Rohaizah Ahmad

    2011-01-01

    Sinagama, Alurtron and Raymintex are three facilities at Nuclear Malaysia using high radiation sources to provide irradiation service to customers. These three facilities have to fulfill both the requirements of the MS ISO 9001:2008 standard and the legal requirements of Act 304. To fulfill the requirements of the applicable Act 304, scheduled radiation monitoring on personnel, work place and environment should be carried out. This paper will discuss the effectiveness of the management in fulfilling the requirements of ISO 9001 standard and Act 304 regarding the safety of workers and the environment. (author)

  10. The Legal Side of Campus Threat Assessment and Management: What Student Counselors Need to Know

    Science.gov (United States)

    Nolan, Jeffrey J.; Moncure, Thomas M., Jr.

    2012-01-01

    This article identifies what student mental health professionals need to know about legal issues of relevance to threat assessment and management. The article summarizes the common law duties and the common law and statutory standards of care that are likely to apply to the work of college and university threat assessment and management teams. The…

  11. DE LEGE FERENDA PROPOSAL FOR THE COMPLETION OF THE LEGAL FRAMEWORK REGARDING THE TEXTILE PRODUCTS, IN THE CONTEXT OF A SOCIAL RESPONSIBLE MANAGEMENT

    Directory of Open Access Journals (Sweden)

    MUREȘAN (POȚINCU Laura

    2016-05-01

    Full Text Available In the case of this economic operator, manufacturing or trading textile products, the corporate social responsibility is a social must, and it consists of a set of objectives which must be implemented by the management of the economic operator in all departments. In order to understand the implications of a social responsibile management in the textile products domain, it is required to analise the juridical framework. Interesting is the choice in this area of the production and the marketing of textile products, to only adopt/use one regulation, not a directive or a legislative package consisting in a directive and a regulation. As a result of legal analysis performed, we support the maintenance of the use, as a legal instrument, of the European regulation type normative document, but we suggest the extension of the provisions of the European normative act and its transformation into a particular complex normative act, beyond the scope of the aspects concerning the labelling.

  12. Environmental impact statement requirements for CNEA

    International Nuclear Information System (INIS)

    Ciurciolo, Melisa N.; Mender, J. A.

    2009-01-01

    The purpose of this paper is to describe the legal framework on Environmental Impact Assessment (EIA) regarding the activities of the National Atomic Energy Commission (Comision Nacional de Energia Atomica, CNEA), and particularly, the Procedure for Internal Management of Environmental Impact Statements of CNEA (PN-PR-027). According to the distribution of powers stated in article 41 of the National Constitution, the environmental legal framework is constituted by National minimum standards for environmental protection and complementary provincial and municipal regulations. As a result, the EIA legal framework is not uniform across the Nation, and therefore, it differs according to the jurisdiction in which the activity subject to EIA is developed. Notwithstanding, the General Statute of the Environment (25.675) requires EIA for any project or activity developed in the National territory, which may cause a significant degradation to the environment, any of its components, or affect the populations' quality of life in a significant way. Since CNEA develops activities along the National territory, it is not possible to determine a uniform legal EIA framework for the entire Institution. Consequently, the binding requirements for Environmental Impact Statements (EISs) of CNEA activities differ among the activities developed in the different locations and atomic centers. In order to achieve a uniform environmental performance in CNEA, it has been considered necessary to uniform, in the internal sphere, the binding requirements for EIS, by means of a procedure written within the framework of the Environmental Management System of the Institution. The purpose of the Procedure for Internal Management of Environmental Impact Statements is to determine the requirements to be complied by the atomic centers, locations and enterprises associated with CNEA, regarding EIS Management. This Procedure shall apply to those projects and activities subjected to EIA, according to a

  13. 48 CFR 801.602-80 - Legal and technical review-Office of Construction and Facilities Management and National Cemetery...

    Science.gov (United States)

    2010-10-01

    ...-Office of Construction and Facilities Management and National Cemetery Administration. 801.602-80 Section... Responsibilities 801.602-80 Legal and technical review-Office of Construction and Facilities Management and National Cemetery Administration. An Office of Construction and Facilities Management or National Cemetery...

  14. IMPORTANCE OF THE STABILITY OF LEGAL SYSTEM FOR THE SUCCESSFUL MANAGING OF A STRUCTURE OF MEDICAL SERVICES COMPANIES

    Directory of Open Access Journals (Sweden)

    Mariela Deliverska

    2017-02-01

    Full Text Available The process of introduction into our national legislation of norms of the European union legislation has a direct impact on the process of realization of major activities in all spheres of the public life and the activities related to medical services are not an exception. The management of activities, connected to provision of medical services, requires attention to be paid not only to the competitive environment, but also to the normative requirements, regulating the access of the citizens to medical aid. When talking about healthcare and healthcare market, it should be noted that good healthcare is possible only where there is good civil society and strong traditions in the field of social insurance. The new requirements introduced in the way of functioning of the healthcare system aim to provide improved human health, however simultaneously the adaptation of the system to the new legally regulated requirements should be implemented in a way, which guarantees fast and easy access to healthcare services for all patients.

  15. Domestic violence: legal issues for health care practitioners and institutions.

    Science.gov (United States)

    Hyman, A

    1996-01-01

    If health care practitioners and institutions became familiar with legal options available to survivors of domestic violence, they could better facilitate their patients' access to potentially life-saving recourses. Such options include calling the police and obtaining civil protection orders and bringing custody, divorce, and support actions. Provider awareness of legal obligations and other legal considerations that arise when handling domestic violence cases is important for patient care and the practice of good risk management. Examples of such issues include domestic violence protocol requirements, documentation of abuse, and repercussions of mandatory reporting laws. Health care providers should work in collaboration with community domestic violence programs in educating staff on issues pertaining to domestic violence and in crafting policies that promote patient safety and autonomy.

  16. Retention Rates, Graduates, and LAM-Series Completers for the Legal Assistant Management Program.

    Science.gov (United States)

    Hamilton, John

    In February 1996, Gainesville College, in Georgia, conducted a study of students in its Legal Assistant Management (LAM) Program to determine retention rates, numbers of graduates, and course pass rates. Retention and graduation rates were calculated for 175 students who enrolled in at least one LAM course from spring 1991 to fall 1995. In…

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

    Science.gov (United States)

    Allan, A.; Spray, C.

    2013-12-01

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

  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. Assessing Performance of Three BIM-Based Views of Buildings for Communication and Management of Vertically Stratified Legal Interests

    Directory of Open Access Journals (Sweden)

    Behnam Atazadeh

    2017-07-01

    Full Text Available Multistorey buildings typically include stratified legal interests which provide entitlements to a community of owners to lawfully possess private properties and use communal and public properties. The spatial arrangements of these legal interests are often defined by multiplexing cognitively outlined spaces and physical elements of a building. In order to support 3D digital management and communication of legal arrangements of properties, a number of spatial data models have been recently developed in Geographic Information Systems (GIS and Building Information Modelling (BIM domains. While some data models, such as CityGML, IndoorGML or IFC, provide a merely physical representation of the built environment, others, e.g., LADM, mainly rely on legal data elements to support a purely legal view of multistorey buildings. More recently, spatial data models integrating legal and physical notions of multistorey buildings have been proposed to overcome issues associated with purely legal models and purely physical ones. In previous investigations, it has been found that the 3D digital data environment of BIM has the flexibility to utilize either only physical elements or only legal spaces, or an integrated view of both legal spaces and physical elements to represent spatial arrangements of stratified legal interests. In this article, the performance of these three distinct BIM-based representations of legal interests defined inside multistorey buildings is assessed in the context of the Victorian jurisdiction of Australia. The assessment metrics are a number of objects and geometry batches, visualization speed in terms of frame rate, query time, modelling legal boundaries, and visual communication of legal boundaries.

  20. LEGAL STATUS AND MANAGEMENT OF THE DINARIC LYNX POPULATION

    Directory of Open Access Journals (Sweden)

    Magda Sindičić

    2013-09-01

    Full Text Available Reintroduction of the Eurasian lynx (Lynx lynx to the Dinaric Mountains in 1973 is one of the rare examples of successful reintroduction of a large predator. Today, Dinaric lynx population includes all lynx in Slovenia south of highway Ljubljana – Trieste, lynx in Croatia as well as lynx in western Bosnia and Herzegovina. It is considered that the population consists of mostly 130 individuals. Being small and endangered, the most important threats for its survival are poaching, depletion of prey, and possible consequences of reduced genetic diversity. In Slovenia, Croatia and the Federation of Bosnia and Herzegovina, the lynx is a protected species, while the current legislation of the Republic of Srpska does not refer to the lynx at all. Slovenia and Croatia have coordinated their monitoring and management activities, while no organized monitoring system is present in Bosnia and Herzegovina. The goal is to establish bilateral cooperation between Croatia and Slovenia as a basis for the management of the entire lynx population in this part of Europe, including primarily Bosnia and Herzegovina but also Austria and Italy.Key words: Eurasian lynx, Lynx lynx, Dinaric population, legal status, management

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

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

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

  2. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

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

  3. 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.

  4. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

    The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

  5. 28 CFR 543.15 - Legal aid program.

    Science.gov (United States)

    2010-07-01

    ... necessary to maintain security or good order in the institution, the Warden may prohibit a student or legal... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS...

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

    Science.gov (United States)

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

    2017-07-01

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

  7. An appraisal of adaptive management planning and implementation in ecological restoration

    DEFF Research Database (Denmark)

    Nagarkar, Mita; Raulund-Rasmussen, Karsten

    2016-01-01

    Adaptive management has been defined and redefined in the context of natural resource management, yet there are few examples of its successful application in ecological restoration. Although the 2009 Delta Reform Act now legally requires adaptive management for all restoration efforts in the Sacr......Adaptive management has been defined and redefined in the context of natural resource management, yet there are few examples of its successful application in ecological restoration. Although the 2009 Delta Reform Act now legally requires adaptive management for all restoration efforts...

  8. 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

  9. 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

  10. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    : the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....

  11. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  12. The Legality and Validity of Administrative Enforcement

    Directory of Open Access Journals (Sweden)

    Sergei V. Iarkovoi

    2018-01-01

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

  13. 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

  14. Implementation of integrated management system

    International Nuclear Information System (INIS)

    Gaspar Junior, Joao Carlos A.; Fonseca, Victor Zidan da

    2007-01-01

    In present day exist quality assurance system, environment, occupational health and safety such as ISO9001, ISO14001 and OHSAS18001 and others standards will can create. These standards can be implemented and certified they guarantee one record system, quality assurance, documents control, operational control, responsibility definition, training, preparing and serve to emergency, monitoring, internal audit, corrective action, continual improvement, prevent of pollution, write procedure, reduce costs, impact assessment, risk assessment , standard, decree, legal requirements of municipal, state, federal and local scope. These procedure and systems when isolate applied cause many management systems and bureaucracy. Integration Management System reduce to bureaucracy, excess of documents, documents storage and conflict documents and easy to others standards implementation in future. The Integrated Management System (IMS) will be implemented in 2007. INB created a management group for implementation, this group decides planing, works, policy and advertisement. Legal requirements were surveyed, internal audits, pre-audits and audits were realized. INB is partially in accordance with ISO14001, OSHAS18001 standards. But very soon, it will be totally in accordance with this norms. Many studies and works were contracted to deal with legal requirements. This work have intention of show implementation process of ISO14001, OHSAS18001 and Integrated Management System on INB. (author)

  15. CONCEPTUAL AND LEGAL FRAMEWORK FOR THE ORGANIZATION OF MANAGEMENT ACCOUNTING AND COST CALCULATION IN INDUSTRY OF MANUFACTURING DAIRY PRODUCTS

    OpenAIRE

    Cristiana Bogdanoiu

    2012-01-01

    According to the legal framework of our country, economic units are responsible for organizing the management accounting adjusted to the specific activity. Economic and social transformations after 1989 led to significant changes in financial accounting, this being in a continuous process of harmonization with the principles, rules, conventions and accounting standards in countries with developed market economy. Legal framework in our country favored and still favors notable changes in accoun...

  16. [Temporary disability and its legal implications].

    Science.gov (United States)

    Martin-Fumadó, Carles; Martí Amengual, Gabriel; Puig Bausili, Lluïsa; Arimany-Manso, Josep

    2014-03-01

    Temporary disability is the condition that workers face when, as the result of illness (common or professional) or accident (work-related or not), they are temporarily prevented from performing their work and require health care. The management of temporary disability is a medical act that involves (in addition to a complex clinical assessment) obvious social, occupational and financial connotations and requires continuing medical follow-up from doctors, as well as responses to medical-legal conflicts. The regulatory framework on the subject is extensive in the Spanish setting and highly diverse in the European setting. Beyond the regulatory framework, the repercussions of temporary disability are self-evident at all levels. Although determining temporary disability is a common medical act for practicing physicians, it is not exempt from risks or difficulties arising from the assessment itself and the characteristics of practicing medical care. Established medical-legal conflicts include the processing of health data and the requirements for transferring information related to workers' temporary disability to their company's medical services. The interest and usefulness demonstrated by the data obtained from forensic medicine for public health require the incorporation of these data into general healthcare information, as it could be essential to the surveillance of worker health. The recommendations established by medical societies, as good practice guidelines, are especially useful in this type of conflict. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  17. Senior Legal Counsel | IDRC - International Development Research ...

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

    Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

  18. A global warming forum: Scientific, economic, and legal overview

    International Nuclear Information System (INIS)

    Geyer, R.A.

    1993-01-01

    A Global Warming Forum covers in detail five general subject areas aimed at providing first, the scientific background and technical information available on global warming and second, a study and evaluation of the role of economic, legal, and political considerations in global warming. The five general topic areas discussed are the following: (1) The role of geophysical and geoengineering methods to solve problems related to global climatic change; (2) the role of oceanographic and geochemical methods to provide evidence for global climatic change; (3) the global assessment of greenhouse gas production including the need for additional information; (4) natural resource management needed to provide long-term global energy and agricultural uses; (5) legal, policy, and educational considerations required to properly evaluate global warming proposals

  19. Management system requirements for small reactors

    Energy Technology Data Exchange (ETDEWEB)

    Jones, K.A., E-mail: kenneth.jones@cnsc-ccsn.gc.ca [Canadian Nuclear Safety Commission, Ottawa, Ontario (Canada)

    2013-07-01

    This abstract identifies the management system requirements for the life cycle of small reactors from initial conception through completion of decommissioning. For small reactors, the requirements for management systems remain the same as those for 'large' reactors regardless of the licensee' business model and objectives. The CSA N-Series of standards provides an interlinked set of requirements for the management of nuclear facilities. CSA N286 provides overall direction to management to develop and implement sound management practices and controls, while other CSA nuclear standards provide technical requirements and guidance that support the management system. CSA N286 is based on a set of principles. The principles are then supported by generic requirements that are applicable to the life cycle of nuclear facilities. CNSC regulatory documents provide further technical requirements and guidance. (author)

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

    National Research Council Canada - National Science Library

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

    2006-01-01

    Personnel within the Office of the Secretary of Defense, other DoD Components responsible for preparing the annual financial statements, and legal counsel who provide legal representations regarding...

  1. 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.

  2. Requirements management at Westinghouse Electric Company

    International Nuclear Information System (INIS)

    Gustavsson, Henrik

    2014-01-01

    Field studies and surveys made in various industry branches support the Westinghouse opinion that qualitative systems engineering and requirements management have a high value in the development of complex systems and products. Two key issues causing overspending and schedule delays in projects are underestimation of complexity and misunderstandings between the different sub-project teams. These issues often arise when a project jumps too early into detail design. Good requirements management practice before detail design helps the project teams avoid such issues. Westinghouse therefore puts great effort into requirements management. The requirements management methodology at Westinghouse rests primarily on four key cornerstones: 1 - Iterative team work when developing requirements specifications, 2 - Id number tags on requirements, 3 - Robust change routine, and 4 - Requirements Traceability Matrix. (authors)

  3. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

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

  4. ECONOMIC AND LEGAL ASPECTS OF MANAGEMENT OF WASTES AND SECONDARY MATERIAL RESOURCES (ON THE EXAMPLE OF CONSTRUCTION COMPLEX

    Directory of Open Access Journals (Sweden)

    Tskhovrebov Eduard Stanislavovich

    2018-05-01

    Full Text Available Subject: technical and economic processes and aspects of handling wastes and secondary material resources; stages of transition of anthropogenic object of environment to wastes and secondary material resources; technical possibility and economic feasibility of using secondary material resources as a secondary raw material for making products, providing energy, works, services. The problem of economy and rational use of material and power resources is relevant and significant within the limits of maintenance of a strategic course of Russia on innovative sustainable development. In this article, issues of actualization and harmonization of the regulatory and legal base in the field of management of wastes and secondary material resources are considered from the viewpoint of maintenance of minimization of waste formation and maximum use of secondary material resources in an industrial-economic cycle, provision of economic incentives for innovative activity in the given field. The actual multi-plan problem, chosen here as a topic of research, concerns regulations in management of wastes and secondary material resources in construction complex, in which economic, civil-law, ecological, social, industrial and legal relations are closely coordinated and define a subject of the present research. Production and consumption waste is a dangerous anthropogenic object of the environment but at the same time, it is a valuable secondary material resource. The non-use of wastes to be recycled as secondary raw materials for energy generation, production and, as a result, their increasing accumulation in the environment causes irreparable harm to natural objects and human health due to their dangerous properties. Research objectives: scientific and methodological substantiation of legal regulation, economic basis for formation of wastes and secondary material resources management system (on the example of construction complex and building materials industry

  5. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

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

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

    International Nuclear Information System (INIS)

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

    2002-01-01

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

  7. 30 CFR 41.20 - Legal identity report.

    Science.gov (United States)

    2010-07-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-12-15

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

  9. Managing electronic records

    CERN Document Server

    McLeod, Julie

    2005-01-01

    For records management courses, this book covers the theory and practice of managing electronic records as business and information assets. It focuses on the strategies, systems and procedures necessary to ensure that electronic records are appropriately created, captured, organized and retained over time to meet business and legal requirements.

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

    International Nuclear Information System (INIS)

    2010-01-01

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

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

    International Nuclear Information System (INIS)

    2010-01-01

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

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

    International Nuclear Information System (INIS)

    2010-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

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

  14. A Qualitative Study to Identify Skills and Competency Required for Hospital Managers

    Science.gov (United States)

    Barati, Omid; Sadeghi, Ahmad; Khammarnia, Mohammad; Siavashi, Elham; Oskrochi, Gholamreza

    2016-01-01

    Introduction Hospital managers aim to improve the efficiency and effectiveness of their institutions through leadership and guidance of medical personnel. Fulfilling these objectives requires a holistic approach to both the management of people and institutional prioritization. The aim of this study was to identify the skills and competencies that hospital managers must demonstrate in order to achieve their objectives. Methods In 2015, a regional, multi-center qualitative study was undertaken in Shiraz, Iran. Interviews and focus group discussions were conducted with university hospital managers, senior managers, faculty members, and post-graduate students, and the results were analyzed using the content analysis method by MAXQDA software. Results Eight key skill themes (communication, experience, appreciation of institution logistics/infrastructure, management skills, motivation, systematic problem solving, ethics, and financial/legal awareness) were identified among the hospital managers. The common challenges that face hospital institutions include problems with hierarchical and organizational structure, excessive rules and regulations, lack of resources, poor post-graduate education, and overall management. Recurring themes with respect to how these could be addressed included changing the culture and belief structure of the hospital, restructuring the organizational hierarchy, and empowering the people. Conclusion In our cohort, practical skills, such as communication and experience, were considered more important than theoretical skills for the effective management and administration of hospitals. Therefore, we suggest that practical, skill-based training should be emphasized for students of these disciplines so they will be better suited to deal with real world challenges. Further organizational improvements also can be attained by the active and constructive involvement of senior university managers. PMID:27504159

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

    Science.gov (United States)

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

    2014-08-01

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

  16. Law and Management of a Counseling Agency or Private Practice. The ACA Legal Series. Volume 3.

    Science.gov (United States)

    Bullis, Ronald K.

    This monograph addresses laws that govern the business and management of mental health practices. The preface warns that this book only raises legal issues, concentrates on federal law, and does not exhaust the issues and information on any topic. A glossary of terms such as "burden of proof,""fiduciary,""negligence," and "torts" is presented.…

  17. 44 CFR 6.8 - Subpoena and other legal demands.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Subpoena and other legal..., DEPARTMENT OF HOMELAND SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 General § 6.8 Subpoena and other legal demands. Access to records in systems of records by subpoena or other legal process shall be...

  18. Quality assurance management policies and requirements

    International Nuclear Information System (INIS)

    1985-10-01

    The purpose of this document is to: set forth overall, integrated quality assurance management policies and requirements for the entire Civilian Radioactive Waste Management Program; define management responsibilities for assuring quality; and provide a general framework for the development of more detailed quality assurance management policies and requirements by program, project, and contractor organizations

  19. 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

  20. Legal ivory trade in a corrupt world and its impact on African elephant populations.

    Science.gov (United States)

    Bennett, Elizabeth L

    2015-02-01

    Illegal hunting of African elephants (Loxodonta africana) for ivory is causing rapid declines in their populations. Since 2007, illegal ivory trade has more than doubled. African elephants are facing the most serious conservation crisis since 1989, when international trade was banned. One solution proposed is establishment of a controlled legal trade in ivory. High prices for ivory mean that the incentives to obtain large quantities are high, but the quantity of tusks available for trade are biologically constrained. Within that context, effective management of a legal ivory trade would require robust systems to be in place to ensure that ivory from illegally killed elephants cannot be laundered into a legal market. At present, that is not feasible due to corruption among government officials charged with implementing wildlife-related legislation. With organized criminal enterprises involved along the whole commodity chain, corruption enables the laundering of illegal ivory into legal or potentially legal markets. Poachers and traffickers can rapidly pay their way out of trouble, so the financial incentives to break the law heavily outweigh those of abiding by it. Maintaining reliable permitting systems and leak-proof chains of custody in this context is challenging, and effective management breaks down. Once illegal ivory has entered the legal trade, it is difficult or impossible for enforcement officers to know what is legal and illegal. Addressing corruption throughout a trade network that permeates countries across the globe will take decades, if it can ever be achieved. That will be too late for wild African elephants at current rates of loss. If we are to conserve remaining wild populations, we must close all markets because, under current levels of corruption, they cannot be controlled in a way that does not provide opportunities for illegal ivory being laundered into legal markets. © 2014 Society for Conservation Biology.

  1. LEGAL ASPECTS OF A MANAGEMENT OF INFRASTRUCTURE PUBLIC INVESTMENTS IN REGIONS. DILEMMAS OF THE SOCIO-ECONOMIC DEVELOPMENT

    Directory of Open Access Journals (Sweden)

    Eryk Kosiński

    2014-09-01

    Full Text Available This article provides for an analysis of legal aspects of certain particular investment processes within technical infrastructure in the Polish regions (voivodeships, but in the counties and communes as well. Those mentioned investments are undertaken in the areas of roads, railroads, airports and telecommunication. The impact of the investments is crucial in terms of the socio-economic development of the modern state and society. All dilemmas in terms of the mentioned investments’ management are related to legal regulations imposed by the state. It is noteworthy that those special regulations are aimed at organising the investment process in an efficient and adequately speedy way. Those regulations provide for a broad legal environment of business within the infrastructure investments. All of those regulations are necessary in order to push the continuous progress of the Polish regions targeting at reacting the level of socio-economic development of the so-called western countries (old, early members of the EU.

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

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2014-03-01

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

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

    Science.gov (United States)

    Mora, Erika; Franco, G

    2010-01-01

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

  4. The Attorney-Client Relationship as a Business Law-Legal Environment Topic

    Science.gov (United States)

    Levin, Murray S.

    2004-01-01

    Business school law courses should promote understanding of legal processes affecting business, help students learn to recognize legal issues and manage legal risks, increase ethical sensitivity, and help students to develop critical thinking skills. To this end, business law and legal environment textbooks tend to focus on ethical and legal…

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

    Science.gov (United States)

    Bertin, J E

    1986-01-01

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

  6. 5 CFR 581.307 - Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs.

    Science.gov (United States)

    2010-01-01

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

  7. The National Legal Framework of the United States

    International Nuclear Information System (INIS)

    Crosland, Martha S.

    2017-01-01

    Ms Crosland presented the United States legal framework regarding public participation. Under the Administrative Procedure Act, the primary way of conducting public participation is through 'notice and comment rulemaking'. A proposed rule is published in the Federal Register and is open to comment by the general public; the final publication of the rule includes the answers to the comments received. The various agencies in the United States make use of several digital tools to expand effective public participation and manage the process. The Atomic Energy Act established an adjudicatory process including 'trial-type' hearings, providing participation opportunities to any individual or group whose interests may be affected by a Nuclear Regulatory Commission licensing action. The National Environmental Policy Act requires several levels of review for all actions with potentially significant environmental impacts. An environmental assessment (EA) is conducted, to determine whether there is no significant impact or if a more detailed environmental impact statement (EIS) is needed. The EA requires notification of the host state and/or tribe, and the agency in charge has discretion as to the level of public involvement. The EIS requires public notification, a period for public comments on the draft EIS, and at least one public hearing. Ms Crosland presented stakeholder involvement initiatives carried out beyond the legal requirements, such as Citizen Advisory Boards at certain Department of Energy nuclear sites or the National Transportation Stakeholders Forum

  8. Legal assessment tool (LAT): an interactive tool to address privacy and data protection issues for data sharing.

    Science.gov (United States)

    Kuchinke, Wolfgang; Krauth, Christian; Bergmann, René; Karakoyun, Töresin; Woollard, Astrid; Schluender, Irene; Braasch, Benjamin; Eckert, Martin; Ohmann, Christian

    2016-07-07

    In an unprecedented rate data in the life sciences is generated and stored in many different databases. An ever increasing part of this data is human health data and therefore falls under data protected by legal regulations. As part of the BioMedBridges project, which created infrastructures that connect more than 10 ESFRI research infrastructures (RI), the legal and ethical prerequisites of data sharing were examined employing a novel and pragmatic approach. We employed concepts from computer science to create legal requirement clusters that enable legal interoperability between databases for the areas of data protection, data security, Intellectual Property (IP) and security of biosample data. We analysed and extracted access rules and constraints from all data providers (databases) involved in the building of data bridges covering many of Europe's most important databases. These requirement clusters were applied to five usage scenarios representing the data flow in different data bridges: Image bridge, Phenotype data bridge, Personalised medicine data bridge, Structural data bridge, and Biosample data bridge. A matrix was built to relate the important concepts from data protection regulations (e.g. pseudonymisation, identifyability, access control, consent management) with the results of the requirement clusters. An interactive user interface for querying the matrix for requirements necessary for compliant data sharing was created. To guide researchers without the need for legal expert knowledge through legal requirements, an interactive tool, the Legal Assessment Tool (LAT), was developed. LAT provides researchers interactively with a selection process to characterise the involved types of data and databases and provides suitable requirements and recommendations for concrete data access and sharing situations. The results provided by LAT are based on an analysis of the data access and sharing conditions for different kinds of data of major databases in Europe

  9. Managing major data of genetically modified mice: from scientific demands to legal obligations.

    Science.gov (United States)

    Staudt, Michael; Trauth, Jürgen; Hindi, Iris El; Galuschka, Claudia; Sitek, Dagmar; Schenkel, Johannes

    2012-10-01

    The number of genetically modified mice is increasing rapidly. Several limitations when working with these animals are to be considered: small colonies, the continued danger of loss, often a limited breeding-success, the need to keep those mutants in stock, difficult and costly import-procedures, and also a major (scientific) value of those mutants often available only with major restrictions. To gather relevant information about all active and archived genetically modified mouse lines available in-house (>1.500) and to deal with a unique resource for several, quite different purposes, a data base was developed enabling optimum knowledge management and easy access. The data base covers also legal restraints and is being linked with the institutional publication repository. To identify the lines available detailed information is provided for each line, as the international designation, a short name, the characterization/description, and the genetic modification including the technique used therefore. The origin of the mutation (gene-ID# and donor organism), the origin of regulatory elements and their donors are listed as well as the genetic background, back-cross generation, phenotype, possible publications, keywords, and some in-house information. Also aspects of animal welfare, obligations to record genetically modified organisms, and technology transfer are displayed; the latter to make licenses possible (if legally permitted). Material transfer agreements, patents, or legal restrictions are listed. This data base helps to avoid double-imports, saves animals and costs since a redundant generation or import can be omitted. However, this is a contribution to the 3R principles developed by Russell and Burch.

  10. Creating legal rights for rivers: lessons from Australia, New Zealand, and India

    Directory of Open Access Journals (Sweden)

    Erin L. O'Donnell

    2018-03-01

    Full Text Available As pressures on water resources increase, the demand for innovative institutional arrangements, which address the overuse of water, and underprovision of ecosystem health, is rising. One new and emerging approach is the use of legal personality to protect water systems in law through the granting of legal rights to rivers. This constitutes a significant development in the fields of environmental law and water resources management, yet little analysis is available of how the approach has been used and applied. We critically examine the new legal rights for rivers using three case studies from Australia, New Zealand, and India. We analyze how legal rights have been created in each case, and the complexity of enforcing these legal rights to protect the rivers. We conclude that legal personality could be a useful alternative approach for river management, provided that the new legal rights are given sufficient force and effect.

  11. Legal liability and claims for the hotel industry

    Directory of Open Access Journals (Sweden)

    Dimcho Todorov

    2017-10-01

    Full Text Available The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as unrightfully actions from administration towards hospitably industry personnel and the connected consequences, is discussed. A definition is given of the various forms of discrimination and the obligations of management to provide a healthy work environment without problems for the personnel are stated, as well. Regulative measures and documents are also presented, regarding measures following possible labour law violations. Conclusions and recommendations are formulated and ways to prevent and overcome problems and accidents in various accommodation establishments and the hotel industry as a whole are shown

  12. Managing Requirements-Documents to Data

    Science.gov (United States)

    Orr, Kevin; Hudson, Abe

    2017-01-01

    Managing Requirements on long term projects like International Space Station (ISS) can go thru many phases, from initial product development to almost over 20 years of operations and sustainment. Over that time many authorized changes have been made to the requirement set, that apply to any new systems that would visit the ISS today, like commercial cargo/crew vehicles or payloads. Explore the benefits of managing requirements in a database while satisfying traditional documents needs for contracts and stakeholder/user consumption that are not tied into the database.

  13. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

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

    2008-01-01

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

  14. IT Security Standards and Legal Metrology – Transfer and Validation

    Directory of Open Access Journals (Sweden)

    Thiel F.

    2014-01-01

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

  15. A closed-loop based framework for design requirement management

    DEFF Research Database (Denmark)

    Zhang, Zhinan; Li, Xuemeng; Liu, Zelin

    2014-01-01

    management from product lifecycle, and requirement and requirement management lifecycle views. This paper highlights the importance of requirement lifecycle management and aims at closing the requirement information loop in product lifecycle. Then, it addresses the requirement management in engineering...... design field with focusing on the dynamics nature and incomplete nature of requirements. Finally, a closed-loop based framework is proposed for requirement management in engineering design....

  16. Legal protection in the course and after the completion of procedures for awarding concessions in the energy management and water management; Rechtsschutz im Laufe und nach Beendigung des Konzessionsvergabeverfahrens in der Energie- und Wasserwirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Byok, Jan [Kanzlei Dr. Jan Byok, Duesseldorf (Germany); Dierkes, Mathias [Gelsenwasser AG, Recklinghausen (Germany)

    2012-07-15

    Water management concessions as well as energy management concessions are classified as service concessions or are treated in accordance to the principles of service concessions. The concessions are excluded from the regime of European procurement law and German antitrust law. Companies with an interest in a concession to be awarded are not situation without rights. Companies can review certain decisions judicially in connection with the awarding of concessions. The procedural question raises which legal process can be pursued in order to achieve an effective legal protection by the relevant interested party.

  17. Training Requirements and Information Management System

    Energy Technology Data Exchange (ETDEWEB)

    Cillan, T.F.; Hodgson, M.A.

    1992-05-01

    This is the software user's guide for the Training Requirements and Information Management System. This guide defines and describes the software operating procedures as they apply to the end user of the software program. This guide is intended as a reference tool for the user who already has an indepth knowledge of the Training Requirements and Information Management System functions and data reporting requirement.

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

    International Nuclear Information System (INIS)

    2016-01-01

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

  19. Legal, Social, Ethical, and Medical Perspectives on the Care of the Statutory Rape Adolescent in the Emergency Department.

    Science.gov (United States)

    Tsai, Shiu-Lin; Acosta, Elvira; Cardenas, Toni; Sigall, Jeremy K; Van Geem, Kevin

    2017-07-01

    Rapes involving adolescents who present to the emergency department (ED) are fraught with ethical and legal complexities and are often emotionally turbulent for patients, their families, and medical providers. Management requires a thoughtful approach from multiple standpoints, including legal, psychosocial, ethical, and medical ones. However, there is no standardized sexual assault education for emergency medicine residents, and management practices vary widely. 1,2 We present a hypothetical statutory rape case based on real cases that occurred in New York City and bring together the perspectives of an attorney on the legal parameters, two social workers on the psychosocial issues, an ethicist on the moral considerations, and a pediatric emergency physician-who is also a sexual assault forensic examiner-on the medical treatments. We aim to provide a framework for physicians to navigate issues of patient-physician privilege involving minors, privacy rules, and mandatory reporting laws. Copyright © 2016 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

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

    Science.gov (United States)

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

    2016-10-01

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

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

    African Journals Online (AJOL)

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

  2. International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    Moore, G.M.

    2010-01-01

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

  3. Swiss legislation on radioactive waste management. Obligations under the state treaty; national legal regulations; roles of the players

    International Nuclear Information System (INIS)

    Buehlmann, W.

    2008-01-01

    On December 23, 1959, the Swiss Parliament adopted the ''Federal Act on Atomic Energy and Radiation Protection.'' The Nuclear Power Act of March 21, 2003 constitutes a comprehensive legal regime on radioactive waste. The article outlines the obligations incurred by Switzerland under the state treaty in the ''Joint Agreement on the Safety of Management of Spent Fuel Elements and the Safety of Radioactive Waste Management'' as well as their practical implementation. For the management of radioactive waste, the Nuclear Power Act envisages the concept of underground geologic storage to be transferred into a repository after a phase of observation. The underground geologic store requires a framework permit to be issued by the Federal Council and approved by Parliament. In Switzerland, framework permits are subject to facultative referenda, i.e., there is the possibility of a plebiscite. Article 5 of the Nuclear Power Ordinance regulates the competences in the procedure to build a repository: ''The Federation, in a substantive plan, lays down the objectives and criteria for storing radioactive waste in underground geologic stores in a way binding on the authorities.'' The structure and the duties and obligations of the players involved as set out in the ''Underground Geologic Storage'' plan establish a credible basis of the ongoing site selection procedure and further steps to be taken in building an underground store in Switzerland. (orig.)

  4. 5 CFR 582.203 - Information minimally required to accompany legal process.

    Science.gov (United States)

    2010-01-01

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

  5. Practitioner Perceptions of Adaptive Management Implementation in the United States

    Directory of Open Access Journals (Sweden)

    Melinda Harm. Benson

    2013-09-01

    Full Text Available Adaptive management is a growing trend within environment and natural resource management efforts in the United States. While many proponents of adaptive management emphasize the need for collaborative, iterative governance processes to facilitate adaptive management, legal scholars note that current legal requirements and processes in the United States often make it difficult to provide the necessary institutional support and flexibility for successful adaptive management implementation. Our research explores this potential disconnect between adaptive management theory and practice by interviewing practitioners in the field. We conducted a survey of individuals associated with the Collaborative Adaptive Management Network (CAMNet, a nongovernmental organization that promotes adaptive management and facilitates in its implementation. The survey was sent via email to the 144 participants who attended CAMNet Rendezvous during 2007-2011 and yielded 48 responses. We found that practitioners do feel hampered by legal and institutional constraints: > 70% of respondents not only believed that constraints exist, they could specifically name one or more examples of a legal constraint on their work implementing adaptive management. At the same time, we found that practitioners are generally optimistic about the potential for institutional reform.

  6. The law isn't everything: The impact of legal and non-legal sanctions on motorists' drink driving behaviors.

    Science.gov (United States)

    Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn

    2016-12-01

    The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights

  7. The management, privacy and medico-legal issues of electronic CPAP data in Australia and New Zealand: Electronic CPAP data management in Australia and New Zealand.

    Science.gov (United States)

    Swieca, John; Hamilton, Garun S; Meaklim, Hailey

    2017-08-01

    Continuous Positive Airway Pressure (CPAP) is considered to be the gold standard treatment for obstructive sleep apnoea (OSA). CPAP monitoring systems allow tracking of patient CPAP adherence and treatment efficacy, by measuring residual sleep-disordered breathing, hours of CPAP use, and mask leak etc. The American Thoracic Society (ATS) published a position paper in 2013 highlighting issues of interpreting CPAP data such as a lack of consistency between CPAP manufacturers data algorithms, legal implications of CPAP data and implications for CPAP adherence. This paper extends on this work by investigating these issues in an Australasian context. A review of current literature on CPAP monitoring systems, privacy and security of CPAP data for major Australasian CPAP providers, and CPAP adherence was undertaken. A legal review was also commissioned for issues related to privacy and security of CPAP data. CPAP manufacturers' utilize different algorithms for respiratory event detection and clinicians need to be aware the implications for interpreting CPAP data. Australasian CPAP manufacturers have created security/privacy policies with the intent to follow relevant legislation to protect patients' CPAP data, however they do need to be constantly reviewed and updated to avoid data breaches and changes to agreements. No guarantees can be provided by the Australasian Sleep Association on CPAP manufacturers' compliance with these policies and there is the potential for some degree of liability for physicians and CPAP providers associated with CPAP data. Lastly, providing patients with feedback on their CPAP usage and OSA management appears to have positive influence CPAP adherence. CPAP data provides many opportunities to increase OSA patient care and to help patients self-manage this chronic condition. However, issues relating to lack of standardization of CPAP parameters, privacy, security, and legal implications will need to be managed in this changing technologic and

  8. 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

  9. Interagency Review of the Department of Energy Environmental Restoration and Waste Management Program

    International Nuclear Information System (INIS)

    1992-01-01

    This report presents the findings of the Interagency Requirements Review of the Department of Energy (DOE) Environmental Restoration and Waste Management (ERWM) Program. The review was requested by Admiral Watkins to help determine the FY 1993 funding levels necessary to meet all legal requirements. The review was undertaken by analysts from the Office of Management and Budget (OMB) and Army Corps of Engineers, reporting to an Interagency Group (IAG) of senior Administration officials concerned with environmental cleanup issues. The purpose of the study was to determine the level of finding needed in FY 1993 for each ERWM Field Office to comply with all Federal, State, and local government legal requirements; all DOE Orders that establish standards for environment, safety and health (ES and H) management; and for prudent investments in other discretionary and management activities such as upgrading administrative buildings, information systems, etc. The study also reviewed the cost estimates supporting the ERWM proposed budget, including direct costs (labor, equipment) and indirect costs (administrative, landlord services, contractor overhead). The study did not analyze whether the Federal/State legal requirements and DOE Orders were necessary or whether the proposed clean-up remedies represent the most cost effective alternatives available

  10. Waste management - an integral part of environmental management systems

    Energy Technology Data Exchange (ETDEWEB)

    Hamm, Ulrich

    1998-12-01

    To consider waste as a resource instead of an annoyance with which the management has to cope with, has become an unavoidable task for modern managers. The task the management has to take to secure competitiveness in an environment of rising complexity of production processes and further increasing legal requirements, is to manage waste as much as other recourses are managed. Waste has to be considered an aspect of planning and decision process just as business plans or logistics are. Main themes discussed in this publication comprise waste management, implementation of waste management as an integral part of environmental management systems, and management approach to waste - the results. 4 figs.

  11. 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.

  12. 10 CFR 719.35 - What categories of costs require advance approval?

    Science.gov (United States)

    2010-01-01

    ... questions about bills from either the Department or the contractor; (i) Food and beverages when the attorney... 10 Energy 4 2010-01-01 2010-01-01 false What categories of costs require advance approval? 719.35 Section 719.35 Energy DEPARTMENT OF ENERGY CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS Reimbursement of Costs...

  13. 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.

  14. Requirements in Functional IT Management

    NARCIS (Netherlands)

    Blaauboer, F.A.; Blaauboer, F.A.

    Requirements engineering and functional IT management have never been researched as to containing similar activities. This paper describes and compares both disciplines, where the BiSL-framework is used for functional IT management. The similarities and differences between the two disciplines are

  15. Legal framework of the environmental regulatory regime

    International Nuclear Information System (INIS)

    Black, D.

    1992-01-01

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

  16. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  17. Constitutional limits on the exercise of power by management using CIT and other means for surveillance and private security under the Spanish legal system

    Directory of Open Access Journals (Sweden)

    María del Carmen López Aniorte

    2014-11-01

    Full Text Available This paper provides analysis from a legal perspective on the conflict between fundamental right of to privacy of workers, and the exercise of power by management using means to capture image or sound, the control of the tools of information technology, and engaging detectives – professionals who currently possess innovative devices that enhance the efficacy of their investigation, but raise questions regarding their constitutionality. The Constitutional Tribunal admits that these means for monitoring are legal, as long as the measures taken are justified, appropriate, necessary and balanced. Furthermore, the casuistic nature of this law allows for the adoption of contradictory legal solutions in analogous or identical cases, generating a situation of legal insecurity, affecting the workers, the business owners, and the detectives they engage, when there is no clear delimitation for the legal context of their actions. DOI: http://dx.doi.org/10.5377/rpsp.v4i1.1554

  18. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

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

  19. Hazardous materials and waste management a guide for the professional hazards manager

    CERN Document Server

    Cheremisinoff, Nicholas P

    1995-01-01

    The management of hazardous materials and industrial wastes is complex, requiring a high degree of knowledge over very broad technical and legal subject areas. Hazardous wastes and materials are diverse, with compositions and properties that not only vary significantly between industries, but within industries, and indeed within the complexity of single facilities. Proper management not only requires an understanding of the numerous and complex regulations governing hazardous materials and waste streams, but an understanding and knowledge of the treatment, post-treatment, and waste minimizatio

  20. Delivering social work services in collaboration with the legal representation for individual clients: An effective, ethical and economical approach to supporting families in child abuse and neglect legal proceedings.

    Science.gov (United States)

    Pott, Robbin

    2017-11-01

    This article discusses the need to improve the quality of helping relationships between families and social workers in the child protection system and the growing body of evidence that teams of social workers and lawyers are effective at improving outcomes in child protection legal proceedings. The author presents an alternative structure of delivering social work services within the child protection systems once a court gets involved with a family, proposing that social workers should focus on individual clients in collaboration with their legal representation, rather than the traditional model of a governmental agency social worker serving the family as a unit as it also determines placement of the children. Pairing the social worker to an individual client in tandem with their legal representative would help resolve the widely observed relationship problems between service users and governmental agency social workers that include the power imbalance created by the agency's authority to determine placement of children, the conflicts of interest that agency workers face when required to manage differing family members' needs, and the lack of protection of the due process right of confidentiality for parties involved in legal proceedings. This alternative structure also impacts the need to use resources more efficiently and has been demonstrated to result in substantial returns on investment. This article concludes that when a family becomes involved in child abuse and neglect legal proceedings, the child welfare agency should shift the delivery of social work services to the individual parties, away from the governmental agency and in conjunction with their legal representation. Copyright © 2017 Elsevier Ltd. All rights reserved.

  1. Sifting Through Chaos: Extracting Information from Unstructured Legal Opinions.

    Science.gov (United States)

    Oliveira, Bruno Miguel; Guimarães, Rui Vasconcellos; Antunes, Luís; Rodrigues, Pedro Pereira

    2018-01-01

    Abiding to the law is, in some cases, a delicate balance between the rights of different players. Re-using health records is such a case. While the law grants reuse rights to public administration documents, in which health records produced in public health institutions are included, it also grants privacy to personal records. To safeguard a correct usage of data, public hospitals in Portugal employ jurists that are responsible for allowing or withholding access rights to health records. To help decision making, these jurists can consult the legal opinions issued by the national committee on public administration documents usage. While these legal opinions are of undeniable value, due to their doctrine contribution, they are only available in a format best suited from printing, forcing individual consultation of each document, with no option, whatsoever of clustered search, filtering or indexing, which are standard operations nowadays in a document management system. When having to decide on tens of data requests a day, it becomes unfeasible to consult the hundreds of legal opinions already available. With the objective to create a modern document management system, we devised an open, platform agnostic system that extracts and compiles the legal opinions, ex-tracts its contents and produces metadata, allowing for a fast searching and filtering of said legal opinions.

  2. Hospital materials managers need to be aware of actions that constitute legal acceptance.

    Science.gov (United States)

    Decker, R

    1990-12-01

    A hospital invited bids for building materials for a hospital construction project. A supplier submitted a bid which asked the hospital to sign and return a trade association form contract. The hospital didn't return the form but used the supplier's bid as part of the general contract for the entire project and notified the supplier and the general contractor. Later, the supplier submitted a higher bid for the same material contending that the hospital hadn't accepted the first bid as they hadn't followed the instructions. The hospital materials manager feels that the bid was properly accepted. In this dialogue, Dr. Decker reviews the legal issues involved in the different ways of accepting an offer.

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

    International Nuclear Information System (INIS)

    Bartholdy, V.

    1980-01-01

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

  4. Legal regime of communal waste disposal

    OpenAIRE

    Záruba, Lukáš

    2009-01-01

    Legal regulation of Municipal Waste Management The purpose of my thesis is to analyse the national legislative frameworks on municipal waste management. The reason for my research is based on the fact that waste volumes are growing, driven by changing production and consumption patterns. As confirmed in the Sixth Environment Action Programme, waste management is one of the key priorities of EU environmental policy and the framework in this area has been progressively put in place since 1970s....

  5. The Normative Legal Regulation of Accounting Activities of Non-Bank Financial Institutions in Ensuring the Strategic Development of the Financial System of Ukraine

    Directory of Open Access Journals (Sweden)

    Prokopenko Zhanna V.

    2017-03-01

    Full Text Available The aim of the article is to study the normative legal regulation of accounting activities of non-bank financial institutions to ensure the strategic development of the financial system of Ukraine. There actualized the issue of examining the system of normative legal regulation in terms of: first, regulation of the market for non-bank financial services and their activities as an object of accounting; second, regulation of accounting and reporting as the basis of the impact on its organization, methodology; third, formation of requirements to the management of the institution concerning the qualification requirements to the chief accountant as a subject of organization and carrying out the accounting activities. In the course of the research, there developed a model for influencing the transformation of the organization and methodology of accounting, which will be implemented by establishing new requirements to its methods and objects as a result of changes in the normative legal acts and their impact on the systems of economic analysis and audit as components of corporate management of non-bank financial institutions. The proposed model determines the impact of the provisions of the integrated program for the development of the financial sector of Ukraine until 2020 in accounting in terms of methodology, specificity and composition of its objects. As a result of studying the set of documents that define the strategic provisions for the development of the market for non-bank financial services, there identified directions for the formation of new and transformation of the existing provisions of the normative legal regulation of the accounting system through its elements (methods, objects, subjects, study of its functions and justification of the significance in risk management. We believe that these provisions should be implemented by means of the development of organizational and methodological regulations for the accounting of non

  6. Case Study: University of Anyplace: Strategic Legal Risk Review.

    Science.gov (United States)

    Hall, John T.; Ferguson, Rowan

    2000-01-01

    Considers legal issues and risks faced by a fictional American university as it seeks to establish an operation based in London. Addresses the first step in the process of risk management, the risk review exercise, and provides an explanation of the legal issues involved to allow progression to the second stage in the process (evaluation of the…

  7. Organizational Cultural Theory and Research Administration Knowledge Management

    Science.gov (United States)

    Lehman, Dwayne W.

    2017-01-01

    The administration and management of sponsored projects spans many levels within an institution of higher education. Research administration professionals require an operational understanding of a complex and intertwined set of disciplines that include project management, finance, legal, ethics, communication, and business acumen. The explicit…

  8. Ethical and legal challenges associated with disaster nursing.

    Science.gov (United States)

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

    2015-06-01

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

  9. The legal system of nuclear waste disposal

    International Nuclear Information System (INIS)

    Dauk, W.

    1983-01-01

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

  10. AFSC Laboratory Management Information Requirements Project

    National Research Council Canada - National Science Library

    1982-01-01

    This document was developed under the auspices of the Laboratory IRM (LIRM) Management Working Group in response to AFSC Program Directive 0008-81-1, Management Information Requirement Project (23 February 1981...

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

    International Nuclear Information System (INIS)

    Vatamanu, Mariana

    2007-01-01

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

  12. CNEN, IAEA and ISO normative requirements for measurement management

    International Nuclear Information System (INIS)

    Kibrit, Eduardo

    2009-01-01

    International standard ISO 10012:2003 establishes requirements for measurement management systems, including requirements for measurement processes and measuring equipment. ISO 9001:2008 presents requirements for quality management systems, including requirements for the control of monitoring and measuring equipment. ISO 17025:2005 presents general requirements for the competence of testing and calibration laboratories. In the nuclear field the requirements for measurement management are established by standards published by the International Atomic Energy Agency (IAEA), and in Brazil, by the National Nuclear Energy Commission (CNEN). The present paper presents and discusses the normative requirements for measurement management, considering requirements established by National Nuclear Energy Commission (CNEN), International Atomic Energy Agency (IAEA), and International Organisation for Standardisation (ISO). (author)

  13. " Canvas " and the Legal Business Model

    OpenAIRE

    Frederico de Andrade Gabrich

    2016-01-01

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

  14. 46 CFR 16.500 - Management Information System requirements.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 1 2010-10-01 2010-10-01 false Management Information System requirements. 16.500 Section 16.500 Shipping COAST GUARD, DEPARTMENT OF HOMELAND SECURITY MERCHANT MARINE OFFICERS AND SEAMEN CHEMICAL TESTING Management Information System § 16.500 Management Information System requirements. (a...

  15. LEGAL PRINCIPLES IN FUNCTION AND PERFORMANCE OF BOT CONTRACT

    Directory of Open Access Journals (Sweden)

    Reifon Cristabella Eventia

    2017-09-01

    Full Text Available Build, Operate and Transfer (BOT represents a long term partnership of the government and private sector. In BOT project, either the government or a private sector identifies a need for a development project. The philosophy in BOT contract begins from the increasing infrastructural needs in all areas and with a limited budget, government are required to commit the duties and functions state governance so that the concept of BOT give a solution through a partnership with the private sector. The government then gives a concession to the private sector to build the project and operate it for a fixed period years, after the period ended, the building shall be transferred to the government. Through BOT, the country is able to gain asset without government spending while maintaining a measure of regulatory control over the project. BOT permits the government to use private sector fund to finance public infrastructure development. The main issues elaborated in this article are the legal principle in the formation of BOT contract and the legal principle in the performance of BOT contract. There are two results; firstly, in the formation of a BOT contract, the principles of partnership and the principle of transparency should be emphasized. Secondly, in performance of the BOT contract, the principle of risk management and the principle of proportionality should be clearly stated in the rules and legal norms.

  16. Environmental Accounting as a Tool for Environmental Management ...

    African Journals Online (AJOL)

    Environmental Accounting as a Tool for Environmental Management System. ... This paper reviews about the relationship of environmental accounting and environmental ... to legal and regulation requirement, to reduce cost from customer

  17. Organizational and legal mechanism of the environmental protection

    Directory of Open Access Journals (Sweden)

    А. П. Гетьман

    2014-12-01

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

  18. From document to database: modernizing requirements management

    International Nuclear Information System (INIS)

    Giajnorio, J.; Hamilton, S.

    2007-01-01

    The creation, communication, and management of design requirements are central to the successful completion of any large engineering project, both technically and commercially. Design requirements in the Canadian nuclear industry are typically numbered lists in multiple documents created using word processing software. As an alternative, GE Nuclear Products implemented a central requirements management database for a major project at Bruce Power. The database configured the off-the-shelf software product, Telelogic Doors, to GE's requirements structure. This paper describes the advantages realized by this scheme. Examples include traceability from customer requirements through to test procedures, concurrent engineering, and automated change history. (author)

  19. 7 CFR 760.104 - Risk management purchase requirements.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Risk management purchase requirements. 760.104 Section... Agricultural Disaster Assistance Programs § 760.104 Risk management purchase requirements. (a) To be eligible... available from the USDA Risk Management Agency (RMA)) obtained catastrophic coverage or better under a...

  20. [THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

    Science.gov (United States)

    Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

    2018-04-01

    Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

  1. Devising a Strategy to Implement an Environmental Management ...

    African Journals Online (AJOL)

    user1

    impacts, legal and other requirements and Environment Management ... ISO 14001, Tourism Sector, environmental System, energy audits, PDCA. Cycle ..... Table 1 show that electricity contributed to seventy percent of the total hotel.

  2. 12 CFR 652.20 - Liquidity reserve management and requirements.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Liquidity reserve management and requirements... AGRICULTURAL MORTGAGE CORPORATION FUNDING AND FISCAL AFFAIRS Investment Management § 652.20 Liquidity reserve management and requirements. (a) Minimum liquidity reserve requirement. Within 24 months of this rule...

  3. Cluster strategies in the regional economy development: legal aspects

    Directory of Open Access Journals (Sweden)

    Irina V. Mikheeva

    2016-09-01

    Full Text Available Objective to study the state of legal support of the cluster strategies implementation to identify the problems and possible directions for improving the legal support of cluster development in the regions. Methods systemic structuralfunctional induction and deduction analysis and synthesis formal legal. Results the paper formulates the definition of cluster as a form of cooperative interaction of organizations interacting in some economic sphere due to functional dependence complementing each other and reinforcing the competitive advantages of individual companies. The hypothesis is proposed that the organizational and management structure of clusters should be unified and obtain normative fixation so that the same type of bodies including executive bodies and the structure of the different clusters deliberative specialized organizations organizationcoordinator etc. had similar competence and position in the management hierarchy. Scientific novelty following the most general conception of a cluster as interacting institutions in a specific area one can see that the lack of clarity in the legal support of the clusters functioning does not allow to determine the status of authoritative and nonauthoritative subjects of economic activities their organizationallegal forms and the procedure of their interaction. Practical significance the identified problems of legal support of the cluster strategies implementation can help in the improvement of state regulation of cluster relations in the regions and their implementation.

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

    Science.gov (United States)

    LeBlang, Theodore R.; And Others

    1985-01-01

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

  5. Comparison of risk management regulation from a corporate governance perspective within the German and united states legal areas

    Directory of Open Access Journals (Sweden)

    Remmer Sassen

    2014-11-01

    Full Text Available Risk management is one of the main corporate governance components or management tasks. This paper details a comparison of risk management regulation from a corporate governance perspective of listed stock corporations in Germany and the United States (U.S.. Obviously, there are differences and commonalities between the national legal norms and the regulatory levels of risk management in both countries. The comparison helps to understand different traditions and practices in terms of how significant corporate governance rules are for risk management. Therefore, this article intends to inspire future research on the regulation of risk management across different regions and explore the relevance of national interests in the regulation of risk management. A principal finding of the comparison is that the U.S. corporate governance system seems to be more strongly regulated than the German system. This results from the powerful and coordinating role of the U.S. Securities and Exchange Commission (SEC. Thus, the seemingly more liberal system of non-binding standards in the U.S. has a higher impact on the regulation of risk management than in Germany.

  6. 45 CFR 2552.93 - What are grants management requirements?

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false What are grants management requirements? 2552.93... AND COMMUNITY SERVICE FOSTER GRANDPARENT PROGRAM Application and Fiscal Requirements § 2552.93 What are grants management requirements? What rules govern a sponsor's management of grants? (a) A sponsor...

  7. 47 CFR 97.513 - VE session manager requirements.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 5 2010-10-01 2010-10-01 false VE session manager requirements. 97.513 Section... SERVICES AMATEUR RADIO SERVICE Qualifying Examination Systems § 97.513 VE session manager requirements. (a) A VE session manager may be selected by the VE team for each examination session. The VE session...

  8. EMERGING LEGAL ISSUES REGARDING CIVILIAN DRONE USAGE

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2018-05-01

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

  9. A critique of cannabis legalization proposals in Canada.

    Science.gov (United States)

    Kalant, Harold

    2016-08-01

    An editorial in this issue describes a cannabis policy framework document issued by a major Canadian research centre, calling for legalization of non-medical use under strict controls to prevent increase in use, especially by adolescents and young adults who are most vulnerable to adverse effects of cannabis. It claims that such a system would eliminate the severe personal, social and monetary costs of prohibition, diminish the illicit market, and provide more humane management of cannabis use disorders. It claims that experience with regulation of alcohol and tobacco will enable a system based on public health principles to control access of youth to cannabis without the harm caused by prohibition. The present critique argues that the claims made against decriminalization and for legalization are unsupported, or even contradicted, by solid evidence. Early experience in other jurisdictions suggests that legalization increases use by adolescents and its attendant harms. Regulation of alcohol use does not provide a good model for cannabis controls because there is widespread alcohol use and harm among adolescents and young adults. Government monopolies of alcohol sale have been used primarily as sources of revenue rather than for guarding public health, and no reason has been offered to believe they would act differently with respect to cannabis. Good policy decisions require extensive unbiased information about the individual and social benefits and costs of both drug use and proposed control measures, and value judgments about the benefit/harm balance of each option. Important parts of the necessary knowledge about cannabis are not yet available, so that the value judgments are not yet possible. Therefore, a better case can be made for eliminating some of the harms of prohibition by decriminalization of cannabis possession and deferring decision about legalization until the necessary knowledge has been acquired. Copyright © 2016 Elsevier B.V. All rights reserved.

  10. Legal issues in cash balance pension plan conversions.

    Science.gov (United States)

    Forman, J B

    2001-01-01

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

  11. Legal provisions governing the acknowledgment of test results

    International Nuclear Information System (INIS)

    Strecker, A.

    1982-01-01

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

  12. 45 CFR 2551.93 - What are grants management requirements?

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false What are grants management requirements? 2551.93... AND COMMUNITY SERVICE SENIOR COMPANION PROGRAM Application and Fiscal Requirements § 2551.93 What are grants management requirements? What rules govern a sponsor's management of grants? (a) A sponsor shall...

  13. CH2M Hill Hanford Group, Inc., Standards and Requirements Identification Document (SRID) Requirements Management System and Requirements Specification

    International Nuclear Information System (INIS)

    JOHNSON, A.L.

    2000-01-01

    The current Tank Farm Contractor (TFC) for the U. S. Department of Energy, Office of River Protection (ORP), River Protection Project (RPP), CH2M Hill Hanford Group, Inc. (CHG), will use a computer based requirements management system. The system will serve as a tool to assist in identifying, capturing, and maintaining the Standards/Requirements Identification Document (S/RID) requirements and links to implementing procedures and other documents. By managing requirements as one integrated set, CHG will be able to carry out its mission more efficiently and effectively. CHG has chosen the Dynamic Object Oriented Requirements System (DOORS(trademark)) as the preferred computer based requirements management system. Accordingly, the S/RID program will use DOORS(trademark). DOORS(trademark) will replace the Environmental Requirements Management Interface (ERMI) system as the tool for S/RID data management. The DOORS(trademark) S/RID test project currently resides on the DOORSTM test server. The S/RID project will be migrated to the DOORS(trademark) production server. After the migration the S/RID project will be considered a production project and will no longer reside on the test server

  14. Protective force legal issues: the security perspective

    International Nuclear Information System (INIS)

    Rich, B.L.

    1984-01-01

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

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

    NARCIS (Netherlands)

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

    2008-01-01

    Information search and retrieval are part of daily routines of the legal profession. Lawyers, judges, prosecutors, and legal clerks usually access a number of electronic resources to browse, search, select, or update legal contents. Legal databases have currently become large digital libraries where

  16. 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.

  17. 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.

  18. [Information technology in medicine - some legal observations].

    Science.gov (United States)

    Siegal, Gil

    2013-05-01

    Information Technology (IT) and computing capabilities are revolutionizing the practice of medicine in an unprecedented way. Some current legal and ethical concerns evolving from this revolution are addressed, pointing to the emerging concepts in Israeli jurisprudence, which regards medical IT as an important contribution to patient empowerment, to medical risk management and in managing the resources of a national health system.

  19. THE LEGAL STATUS OF COMPANIES UNDER THE NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    Lucian Bernd SĂULEANU

    2017-10-01

    Full Text Available The new Civil Code sets provisions regarding the liability of shareholders, organization and functioning of legal entity, annulment of documents issued by the management bodies of the legal entity, company contract, regime of contributions, company types, simple partnership, unlimited, simple limited partnership, with limited liability, joint stock, partnership limited by shares, cooperatives, other type of company.

  20. Curent requirements for image management in radiotherapy

    International Nuclear Information System (INIS)

    Steil, V.; Schneider, F.; Wenz, F.; Lohr, F.; Roehner, F.; Weisser, G.

    2012-01-01

    Treatment techniques of increasing complexity such as dynamic/rotational techniques mandate digital management and increasingly image guidance. This constantly increases requirements for image management and archiving. This article discusses the current status of these requirements and will present potential image administration strategies. Fundamentals of image administration and storage/archiving are presented (DICOM Standard, radiotherapy-specific issues) along the typical patient pathway (demographic data, radiotherapy treatment planning, signatures/approval of plan and image data, archiving of plan and image data). Different strategies for image management are presented (archiving centered on individual application vs. integral approach with central archiving in a DICOM-RT-PACS governed by a radiation oncology information system (ROCIS)). Infrastructural requirements depending on the amount of image data generated in the department are discussed. Application-centered image management provides access to image data including all relevant RT-specific elements. This approach, however, is not migration-safe, requires significant administrative work to ensure a redundancy level that protects against data loss and does not provide datasets that are linked to respective therapeutic interventions. Therefore, centralized image management and archiving that links images to patients and individual steps in the treatment pathway within a standardized DICOM(-RT) environment is preferable despite occasional problems with visualization of specific data elements. (orig.)

  1. Estructura del sistema legal del turismo en Venezuela | Structure of the legal system of tourism in Venezuela

    Directory of Open Access Journals (Sweden)

    Melania Navas Graterol

    2017-11-01

    Full Text Available It is a fact that the social dynamic of human life, in its constant evolution promotes special and particular circumstances that the law must regulate, such as tourism. The latter, as multifaceted activity, develops into different scopes of human activities: economic, social, cultural, environmental, political and obviously, in the judicial, and requires to be regulated, supervised, encouraged and coordinated by the law. This compendium of rules integrates what is known as the Legal System Structure of the Tourism in Venezuela and they are organized in a hierarchical way, into a legal level that gives a determinate rank, which can be the same or different, and could be seen in the pyramidal model created by Hans Kelsen. The understanding of this legal system that regulates tourism through the compressive hermeneutics of its rules, allowed to find out that the legal structure is well defined within the Venezuelan touristic context. The analysis of results allowed to conclude that the norm that regulates the tourism activity in Venezuela responds to the Kelsen pyramidal model and there is a diverse number of legal instruments which contain rules that regulates it in direct way and others indirectly.

  2. 24 CFR 990.290 - Compliance with asset management requirements.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Compliance with asset management... URBAN DEVELOPMENT THE PUBLIC HOUSING OPERATING FUND PROGRAM Asset Management § 990.290 Compliance with asset management requirements. (a) A PHA is considered in compliance with asset management requirements...

  3. Overweight truck shipments to nuclear waste repositories: legal, political, administrative and operational considerations

    International Nuclear Information System (INIS)

    1986-03-01

    This report, prepared for the Chicago Operations Office and the Office of Civilian Radioactive Waste Management (OCRWM) of the US Department of Energy (DOE), identifies and analyzes legal, political, administrative, and operational issues that could affect an OCRWM decision to develop an overweight truck cask fleet for the commercial nuclear waste repository program. It also provides information required by DOE on vehicle size-and-weight administration and regulation, pertinent to nuclear waste shipments. Current legal-weight truck casks have a payload of one pressurized-water reactor spent fuel element or two boiling-water reactor spent fuel elements (1 PWR/2 BWR). For the requirements of the 1960s and 1970s, casks were designed with massive shielding to accommodate 6-month-old spent fuel; the gross vehicle weight was limited to 73,280 pounds. Spent fuel to be moved in the 1990s will have aged five years or more. Gross vehicle weight limitation for the Interstate highway system has been increased to 80,000 pounds. These changes allow the design of 25-ton legal-weight truck casks with payloads of 2 PWR/5 BWR. These changes may also allow the development of a 40-ton overweight truck cask with a payload of 4 PWR/10 BWR. Such overweight casks will result in significantly fewer highway shipments compared with legal-weight casks, with potential reductions in transport-related repository risks and costs. These advantages must be weighed against a number of institutional issues surrounding such overweight shipments before a substantial commitment is made to develop an overweight truck cask fleet. This report discusses these issues in detail and provides recommended actions to DOE

  4. [Medical-legal issues of physical and pharmacological restraint].

    Science.gov (United States)

    Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

    2014-03-01

    The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  5. Electronic Health Record in Occupational Medicine: Specific Aspects and Requirements of Data Structuring and Standardization

    Directory of Open Access Journals (Sweden)

    Dorin TRIFF

    2009-07-01

    Full Text Available The service of occupational medicine of a specific economic agent, as integrated part of the System of Labor Health and Safety, requires efficient, well-organized information management through standardized and computerized data processing and exploitation. Legal requirements and practical aspects of information management in occupational medicine trigger necessary operational modifications in the Electronic Health File. The goal of the paper is to present basic requirements of structuring the electronic health file and the necessary standards in recording specific data.

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

    International Nuclear Information System (INIS)

    Pelzer, N.

    2009-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2017-08-15

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

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

    International Nuclear Information System (INIS)

    Nowacki, Tomasz R.

    2017-01-01

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

  9. Valid, legally defensible data from your analytical laboratories

    International Nuclear Information System (INIS)

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

    1989-01-01

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

  10. IT Management Model for Financial Report Issuance and Regulatory and Legal Compliance

    Directory of Open Access Journals (Sweden)

    José Rogério Poggio Moreira

    2013-10-01

    Full Text Available The development of information systems for financial report issuance must be adherent to the demands of the law and regulations that regulate the financial market. In order to perform this task, organizations need to implement control in the Information Technology (IT area to maintain their systems´ conformity to laws and regulations. In the development of this work, it was found, through a state-of-art study, that there are no proposals contemplating the solution of this problem in its totality. In order to achieve this goal, in this paper it is presented a model for Information Technology management constituted by COBIT, ITIL and BPM management good practices, together with SOA and XBRL Technologies. This model is composed by 03 layers that aim at structuring the organization IT and business processes, besides defining a process for implementing SOA and integrating its Web services with XBRL language. One can expect this work to contribute to companies to decrease the negative impact coming from the lack of conformity with laws and regulations, through the creation of a corporative and IT environment that is flexible and more adaptable to changes, which may occur in legal demands, as well as improving the quality and reliability of financial report issuance.

  11. Legal and Ethical Implications of Using Social Media in Human Resource Management

    Directory of Open Access Journals (Sweden)

    Lu Zhang

    2014-06-01

    Full Text Available Now more than ever we live in a society saturated with technology and media.  We are captured by the technology whirlwind such as the internet, instant messages, emails, and social media such as Twitter and Facebook.  Technologies not only are changing the way people live, work, and interact with each other but also the way companies conduct their businesses.  Social media no doubt is one of such technologies that enables companies to market their products and services in new and unique dimensions.  Beyond marketing, social media is also changing the way human resource professionals recruit and select employees.   Recruiting and selecting potential new employees using social media, is gaining popularity.  There are even software programs that capitalize on the information available on social media sites to assist human resources professionals to source, screen, and track job applicants.  Although there are many advantages in using social media networks to assist HR to select and filter job candidates, there are reasons for concerns.  In this paper, we’ll examine the legal and ethical consequences of using social media in the area of human resource management.   Keywords: Social Media, Facebook, Human Resources, Management.

  12. Obligaciones legales de las asociaciones cooperativas bancos comunales en Venezuela

    Directory of Open Access Journals (Sweden)

    Coromoto Aguilar González, Herleny

    2009-06-01

    Full Text Available n Venezuela se promulga la Ley Especial de Los Consejos Comunales en el año 2006. El Consejo Comunal está constituido por tres órganos: Órgano Ejecutivo, Unidad de Gestión Financiera, y Unidad de Contraloría Social. La Unidad de Gestión Financiera o Banco Comunal adquirirá la figura jurídica de cooperativa, por consiguiente el presente trabajo tiene por objeto analizar los deberes formales que debe cumplir el Banco Comunal: 1. Inscribirse en los registros correspondientes; 2. Llevar Libros Legales; 3. Presentar Declaración Informativa de ISLR; 4. Practicar retención de ISLR; 5. Emitir factura de conformidad con lo establecido en la regulación venezolana.Venezuela promulgated the Special Law of the Communal Councils in 2006. The Communal Council is constituted by three agencies: Executive agency, Financial Management Unit, and Social comptroller Unit. The Financial Management Unit or Communal Bank will acquire the legal figure of a cooperative, therefore the present paper intends to analyze the formal duties established in the Venezuelan tax laws, that the Communal Bank must fulfil: 1. To register in the corresponding registration system; 2. Keep the accountancy Books required by tax laws; 3. To file an informative income tax return; 4. To practice income tax withholding; 5. To emit invoice in accordance with Venezuelan tax regulations.

  13. 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....

  14. GA-4 and GA-9 legal weight truck shipping cask development

    International Nuclear Information System (INIS)

    Grenier, R.; Meyer, R.; Jensen, M.

    1989-01-01

    General Atomics (GA), under contract to the Idaho Operations Office of the U.S. Department of Energy, is developing two new legal weight truck spent fuel shipping casks that will carry four PWR or nine BWR spent fuel assemblies. They are being developed for the Office of Civilian Radioactive Waste Management (OCRWM) to meet its mission to dispose of nuclear wastes at a permanent disposal site. This paper discusses the primary goal, to maximize the number of fuel elements of each fuel type that a LWT cask can carry, while ensuring that the design meets all NRC licensing requirements

  15. Case Briefs in Legal English Classes

    Directory of Open Access Journals (Sweden)

    Bilová Stĕpánka

    2016-06-01

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

  16. Pickering tool management system

    International Nuclear Information System (INIS)

    Wong, E.H.; Green, A.H.

    1997-01-01

    Tools were being deployed in the station with no process in effect to ensure that they are maintained in good repair so as to effectively support the performance of Maintenance activities. Today's legal requirements require that all employers have a process in place to ensure that tools are maintained in a safe condition. This is specified in the Ontario Health and Safety Act. The Pickering Tool Management System has been chosen as the process at Pickering N.D to manage tools. Tools are identified by number etching and bar codes. The system is a Windows application installed on several file servers

  17. 40 CFR 92.407 - Responsibility under other legal provisions preserved.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Responsibility under other legal... Emission-Related Defect Reporting Requirements, Voluntary Emission Recall Program § 92.407 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart...

  18. 40 CFR 94.407 - Responsibility under other legal provisions preserved.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Responsibility under other legal...-related Defect Reporting Requirements, Voluntary Emission Recall Program § 94.407 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart shall...

  19. 40 CFR 91.906 - Responsibility under other legal provisions preserved.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Responsibility under other legal... Defect Reporting Requirements, Voluntary Emission Recall Program § 91.906 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart will not...

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

    Directory of Open Access Journals (Sweden)

    Ranti Fauza Mayana

    2018-03-01

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

  1. Legal Technology for Law Firms: Determining Roadmaps for Innovation

    OpenAIRE

    Kerikmäe, Tanel; Hoffmann, Thomas; Chochia, Archil

    2018-01-01

    The business model of many law firms, as legal professions on the whole, will be facing a considerable paradigm change since the work provided by law firms in the form of billable hours, in fact, largely consists of services which do not require superior legal education but involve mere data procession. It is only a question of time that the consequence – to have all outsourceable services be performed by means of legal technology – will become public knowledge in the branch, as the costs sav...

  2. Legal analysis of citizen lawsuit toward management of the 2006 Yogyakarta earthquake

    Science.gov (United States)

    Suprihadi, Bambang

    2017-07-01

    The Asian Disaster Reduction Center informed that on 27 May 2006 at 5:54 AM Local time or 26 May 2006 at 10:54:00 PM UTC, an M6.3 earthquake has struck the very highly populated region of Yogyakarta. The death estimated between 5,775 and 6,234 and the number of injured was between 46,000 and 53,000. Invitation letters were sent to Indonesia Agency for Meteorology Climatology and Geophysics (BMKG) and to 18 government institutions for attending the session at the Yogyakarta Court on 4 December 2006. Such case was a lawsuit proposed by 46 citizens and registered as number 73/PDT.G/ 2006/PN-Yk and the researcher attended court-session on behalf of the BMKG. Research is conducted to provide legal analysis of citizen lawsuit toward management of the 2006 Yogyakarta earthquake. Data was collected by examining the process of court sessions and mediation between Parties involved which then analysed using the relevant articles of Indonesian Civil Procedural Law. Legal analysis proposed by the researcher indicates that State Court (Pengadilan Negeri) held an `absolute competence' because such case shall not be settled by State Administrative Court (Pengadilan Tata Usaha Negara), however Yogyakarta District Court didn't hold a `relative competence' because such case shall be settled by the Central Jakarta District Court. Such case was not continued due to successful mediation between the two Parties. The 2006 Yogyakarta earthquake alerts BMKG as the earthquake information provider to work properly in accordance with the standard operating procedure to avoid citizen lawsuit that might be proposed in the near future.

  3. Development of legal environment for Rosatom Corporation

    International Nuclear Information System (INIS)

    El'fimova, T.L.

    2012-01-01

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

  4. Clarity Versus Accuracy and Objectivity in Written Legal English

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2011-12-01

    Full Text Available This paper is an attempt to analyse the most important grammatical and, specifically, syntactic features and to point out some prominent lexical ones, which aim at accuracy and objectivity of a written legal document, and to discuss how these features influence clarity and transparency of the legal documents. The study covers the analysis of some EU, UK, US legislative acts alongside with some extracts from contract samples. The analysis reveals that written legal English is distinguished by long compound sentences, often with inverted word order and numerous embeddings, passive constructions and nominalisations, specific use of personal pronouns and collocations of synonyms (doublets and triplets, etc. These means allow to achieve the most possible accuracy and objectivity in legal texts but make them complicated and difficult to comprehend at once. Formality, achieved by the mentioned means, makes legal English distant from everyday language and often becomes a reason for criticism. Plain English supporters encourage simplifying legal language; however, long traditions of legal English make changes slow and difficult. Therefore, comprehension and usage of legal English still requires special knowledge of its lexical and grammatical features.

  5. Legal framework for e-research : realising the potential

    CERN Document Server

    2008-01-01

    Legal Framework for e-Research: Realising the Potential provides an overview of key legal issues facing e-Research. Part One of this book considers the broader prospect and context of what e-Research will allow. Part Two looks more closely at the role law will play in the e-Research environment. Part Three focuses on the key issues of data exchange and data management highlighting important legal issues. Part Four reflects on the changing nature of Scholarly Communications while Part Five looks at the fundamental role of agreements for collaborative endeavour (contracts) in structuring collaboration and calls for greater consideration of way we can streamline the process. Part Six examines the role and operation of privacy law in an e-Research world while Part Seven posits a new approach to commercialisation that embraces the paradigm of open innovation. Part Eight looks at the international legal implications for e-Research and Part Nine considers the national survey we undertook on e-Research, collaborative...

  6. The Legal and Policy Framework for Waste Disposition - Legal and policy framework for low level waste treatment and disposal

    International Nuclear Information System (INIS)

    Leech, Jonathan

    2014-01-01

    UK policy and strategy for the management of LLW has changed significantly in recent years, not least through development and implementation of the 'UK Strategy for the Management of Solid Low Level Radioactive Waste from the Nuclear Industry' as part of the UK Nuclear Decommissioning Authority's mission. This has influenced all aspects of LLW management in the UK, including metals recycling and VLLW disposal. The paper will outline the legal context for these changes in the UK and highlight how international conventions and legal frameworks have influenced these developments. In particular, the paper will look at the following important influences on choices for recycling and disposal of LLW and VLLW. - The Paris and Brussels Conventions on third party liabilities for nuclear damage; - on-going work to implement the 2004 Protocols to those conventions, including the impact on disposal sites and proposals to exclude VLLW disposal sites from liabilities regimes; - The Revised Waste Framework Directive and Waste Hierarchy; - Relevant European pollution prevention and control legislation and Best Available Techniques. (author)

  7. 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.

  8. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 18 2010-07-01 2010-07-01 false Responsibility under other legal... Requirements § 85.1907 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart shall not affect a manufacturer's responsibility to file reports or...

  9. 23 CFR 973.204 - Management systems requirements.

    Science.gov (United States)

    2010-04-01

    ... system; (2) A process to operate and maintain the management systems and their associated databases; (3... may include consultation with the tribes, as appropriate. (k) The management systems shall be operated... 23 Highways 1 2010-04-01 2010-04-01 false Management systems requirements. 973.204 Section 973.204...

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

    Directory of Open Access Journals (Sweden)

    R K Mani

    2015-01-01

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

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

    Science.gov (United States)

    Schuler, M

    2011-10-01

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

  12. Resolving legal issues in the transfer of technologies in environmental restoration and waste management

    International Nuclear Information System (INIS)

    Katz, J.; Richards, F. III; Underwood, J.P.

    1994-01-01

    In reforming its contracting and procurement processes, the Department of Energy (DOE) should also make reforms to facilitate the transfer and commercialization of environmental restoration and waste management technologies between DOE laboratories and the private sector. These reforms would address the three related legal issues of patents, conflict of interest, and liability. This paper discusses each issue and considers possible solutions to them. These solutions include contractual clauses to specifically address the needs of all involved parties, improved definition of development and implementation rights, and increased protections for contractors. If DOE, or the Federal Government more generally, successfully resolves these issues and makes the appropriate changes to the DOE procurement system, transfer and commercialization will more efficiently, effectively, and easily occur

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

    OpenAIRE

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

    2008-01-01

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

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

    National Research Council Canada - National Science Library

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

    2006-01-01

    ... contingent liabilities should read this report. It identifies areas where DoD and its Components have not fully complied with Federal financial accounting standards and are not consistent in computing and disclosing contingent legal liabilities...

  15. 12 CFR 652.10 - Investment management and requirements.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Investment management and requirements. 652.10... MORTGAGE CORPORATION FUNDING AND FISCAL AFFAIRS Investment Management § 652.10 Investment management and... policies for managing your non-program investment activities. Your board must also ensure that management...

  16. Responding to and Supporting Students with Disabilities: Risk Management Considerations

    Science.gov (United States)

    Lundquist, Anne; Shackelford, Allan

    2011-01-01

    Making the "right" risk management decisions involving students with significant psychological disabilities requires a clear and comprehensive understanding of the legal obligations and duties at issue. It also requires taking into consideration the best interests of these individual students. At the same time, decision makers must focus…

  17. Primer on Legal Affairs for the School Business Official.

    Science.gov (United States)

    Russo, Charles J., Ed.; Polansky, Harvey, Ed.; Wood, R. Craig, Ed.

    This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district…

  18. 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...

  19. 45 CFR 2553.73 - What are grants management requirements?

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false What are grants management requirements? 2553.73 Section 2553.73 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL... § 2553.73 What are grants management requirements? What rules govern a sponsor's management of grants? (a...

  20. Establishing functional requirements for emergency management information systems

    Energy Technology Data Exchange (ETDEWEB)

    Reed, J.H.; Rogers, G.O.; Sorensen, J.H.

    1991-01-01

    The advancement of computer technologies has led to the development of a number of emergency management information systems (e.g., EIS, CAMEO, IEMIS). The design of these systems has tended to be technologically driven rather than oriented to meeting information management needs during an emergency. Of course, emergency management needs vary depending on the characteristics of the emergency. For example, in hurricanes, onset is typically slow enough to allow emergency managers to simulate evacuations dynamically while in chemical disasters onset may be sufficiently rapid to preclude such simulation(s). This paper describes a system design process in which the analysis of widely recognized emergency management functions was used to identify information requirements and the requisite software and hardware capabilities to deal with rapid onset, low probability, high consequence events. These requirements were then implemented as a prototype emergency management system using existing hardware and software to assure feasibility. Data, hardware, and software requirements were further developed, refined, and made more concrete through an iterative prototyping effort. This approach focuses attention directly on meeting emergency management information needs while avoiding unneeded technological innovations. 10 refs., 4 figs., 1 tab.

  1. Integrated Solution Support System for Water Management

    NARCIS (Netherlands)

    Kassahun, A.; Blind, M.; Krause, A.U.M.; Roosenschoon, O.R.

    2008-01-01

    Solving water management problems involves technical, social, economic, political and legal challenges and thus requires an integrated approach involving people from different backgrounds and roles. The integrated approach has been given a prominent role within the European Union¿s Water Framework

  2. Application of Total Quality Management (TQM Requirements in Risk Management in Construction Projects in Iraq

    Directory of Open Access Journals (Sweden)

    Entisar K. Al-Geelawee

    2016-06-01

    Full Text Available Total quality management considers one of the modern scientific entrances which practiced by productivity service organizations alike to provide appropriate quality required outputs according to the needs and desires of customers manage , enable the organization seeking to continue and grow in light of the increasing competition from the satisfy and provide the appropriate total quality management requirements whenever led to face risks that they may have in a manner in which they can be addressed and find ways to avoid them in the future when repeated. The research has consist of two main parts firstly have included a review of the most important concepts of total quality management in addition to the concept of risk analysis and management in construction projects and how to apply the concept of total quality management in the risk analysis and management. Second part included the practical part of the research, which was open and closed questionnaire for experts in the construction industry to obtain required informations for the application of total quality management requirements in risk management in construction projects in Iraq. One of the main findings of the research is that top management support has a high impact on risk management in addition to continuous improvement, training and education, while the participation of all employees in the organization and constant stimulation and focusing on the customer as one of the total quality management requirements had a moderate impact on risk management.

  3. 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

  4. Information and Knowledge Management at South African Law Firms

    African Journals Online (AJOL)

    In legal practice, information management technologies, for example intranets, ... document and content management systems, case and project management ... knowledge management, law firms, legal practice, information technology, legal ...

  5. Religious legal systems: challenges of the modernity

    Directory of Open Access Journals (Sweden)

    Д. В. Лук’янов

    2015-11-01

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

  6. Radioactive waste management in Switzerland: the legal framework

    International Nuclear Information System (INIS)

    Egloff, V.

    1988-01-01

    In Switzerland the legislative and regulatory provisions governing the management of radioactive wastes are contained in the 1959 Atomic Energy Act, the 1978 Ordinance supplementing the Act and the 1984 Atomic Energy Ordinance (definitions and licences). The article briefly reviews this legislation and its historical background and goes on to analyse in depth the relevant provisions and their requirements regarding treatment, storage and disposal of such waste, including the construction of waste repositories. The text of these provisions is reproduced in the Annex. (NEA) [fr

  7. 49 CFR 1105.9 - Coastal Zone Management Act requirements.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Coastal Zone Management Act requirements. 1105.9... ENVIRONMENTAL LAWS § 1105.9 Coastal Zone Management Act requirements. (a) If the proposed action affects land or water uses within a State coastal zone designated pursuant to the Coastal Zone Management Act (16 U.S.C...

  8. Technology Requirements for Information Management

    Science.gov (United States)

    Graves, Sara; Knoblock, Craig A.; Lannom, Larry

    2002-01-01

    This report provides the results of a panel study conducted into the technology requirements for information management in support of application domains of particular government interest, including digital libraries, mission operations, and scientific research. The panel concluded that it was desirable to have a coordinated program of R&D that pursues a science of information management focused on an environment typified by applications of government interest - highly distributed with very large amounts of data and a high degree of heterogeneity of sources, data, and users.

  9. An Example of City Disaster Plan in the Context of Integrated Disaster Management with Un sufficient Legal Structure

    International Nuclear Information System (INIS)

    Kepekci, D.

    2007-01-01

    Disaster management of a city, in coherent, stable and true manner, were realized by understanding and organizing of the disaster plan. When we consider the earthquake hazard of Marmara Region, it was investigated by the scientific studies how -a world city- Istanbul were effected this earthquake. When we consider the scientific data and we take a base the current legal structure of our country, the aim of the disaster plan is to provide the fist and emergency aid for the citizens when the destructive earthquake were occurred and effected the general life. This disaster plan includes base of the coordination and helping each other of the activity which all institution and organizations will do during possible disaster. The aims of making of plan is to provide the cooperation and collaboration between before the disaster and to act urgently during the disaster, and to provide the following necessary activity. This necessary activity as main headlines are; the providing of communication and transportation; regulation of traffic; rescue; emergency medical aid, to transportation patient and injured people to the hospitals; to put out fire; to provide security and public order; eating, dressing, heating and lighting studies; to provide temporary housing; the burial of dead citizens; to remove wreckage; to repair and to re-provide the electrical, water and canalization construction. In this study, it will mainly be presented Istanbul city disaster plan. Disaster plan of this city were produced by the intensive and sacrificial efforts with Turkish legal system. After that, disaster plan must updated as soon as possible. However government must regulate current legal system ( or the body of current law) related disaster plan. City disaster plan, which even construct well, include only the operations after the disaster. Before disaster, methods of preventive precaution against the disaster must add the plan with applicable legal system

  10. Legal Counsel | IDRC - International Development Research Centre

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

    The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on ... This involves providing strategic and tactical advice to, and working as an integral member of, IDRC negotiating teams on particular transactions towards:.

  11. Software requirements management based on use cases

    International Nuclear Information System (INIS)

    Xiao Jin

    2009-01-01

    In this paper, the requirements management based on use cases is theoretically explored, and a multi-layer use-case model is introduced, which combined with three levels of use cases and a single use-case refinement model. Through the practice in a software project, the multi-layer use-case model provides a good solution on how to control the requirements scope and change, and provides the balance of work assignment between customer departments, information management departments and software development outsourcing team. (authors)

  12. Legal identity as spiritual constituent of sense of justice

    Directory of Open Access Journals (Sweden)

    Y. S. Kravtsov

    2015-03-01

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

  13. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

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

    2015-01-01

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

  14. How reliable are forensic evaluations of legal sanity?

    Science.gov (United States)

    Gowensmith, W Neil; Murrie, Daniel C; Boccaccini, Marcus T

    2013-04-01

    When different clinicians evaluate the same criminal defendant's legal sanity, do they reach the same conclusion? Because Hawaii law requires multiple, independent evaluations when questions about legal sanity arise, Hawaii allows for the first contemporary study of the reliability of legal sanity opinions in routine practice in the United States. We examined 483 evaluation reports, addressing 165 criminal defendants, in which up to three forensic psychiatrists or psychologists offered independent opinions on a defendant's legal sanity. Evaluators reached unanimous agreement regarding legal sanity in only 55.1% of cases. Evaluators tended to disagree more often when a defendant was under the influence of drugs or alcohol at the time of the offense. But evaluators tended to agree more often when they agreed about diagnosing a psychotic disorder, or when the defendant had been psychiatrically hospitalized shortly before the offense. In court, judges followed the majority opinion among evaluators in 91% of cases. But when judges disagreed with the majority opinion, they usually did so to find defendants legally sane, rather than insane. Overall, this study indicates that reliability among practicing forensic evaluators addressing legal sanity may be poorer than the field has tended to assume. Although agreement appears more likely in some cases than others, the frequent disagreements suggest a need for improved training and practice.

  15. The Management System for Facilities and Activities. Safety Requirements

    International Nuclear Information System (INIS)

    2011-01-01

    This publication establishes requirements for management systems that integrate safety, health, security, quality assurance and environmental objectives. A successful management system ensures that nuclear safety matters are not dealt with in isolation but are considered within the context of all these objectives. The aim of this publication is to assist Member States in establishing and implementing effective management systems that integrate all aspects of managing nuclear facilities and activities in a coherent manner. It details the planned and systematic actions necessary to provide adequate confidence that all these requirements are satisfied. Contents: 1. Introduction; 2. Management system; 3. Management responsibility; 4. Resource management; 5. Process implementation; 6. Measurement, assessment and improvement.

  16. Legal-sounding bureaucratic re-centralisation of community forestry in Nepal

    DEFF Research Database (Denmark)

    Basnyat, Bijendra; Treue, Thorsten; Pokharel, Ridish Kumar

    2018-01-01

    , forest officials, and donor project employees in Nepal, we document the mechanisms of legal-sounding re-centralisation. The central tenet is that bureaucratically established procedures, which are not required by law but treated as if they were, are used to impose regular revisions of community forest...... management plans. Meagre government or more generous donor budgets financed the revisions. Forest bureaucrats and/or consultants did the work and benefitted financially. None of the approaches, however, lived up to technical, scientific standards or followed stipulated participatory processes. The revised...... of plan revisions appears to be strengthening or re-establishing the forest bureaucracy's control over community forest resources which allows forest bureaucrats to tap into donor project and forest product value chains....

  17. 76 FR 76917 - Homeless Management Information Systems Requirements

    Science.gov (United States)

    2011-12-09

    ...-P-01] Homeless Management Information Systems Requirements AGENCY: Office of the Assistant Secretary... for the establishment of regulations for Homeless Management Information Systems (HMIS), which are the... community development, Homeless, Information technology system, Management system, Nonprofit organizations...

  18. Security Requirements Management in Software Product Line Engineering

    Science.gov (United States)

    Mellado, Daniel; Fernández-Medina, Eduardo; Piattini, Mario

    Security requirements engineering is both a central task and a critical success factor in product line development due to the complexity and extensive nature of product lines. However, most of the current product line practices in requirements engineering do not adequately address security requirements engineering. Therefore, in this chapter we will propose a security requirements engineering process (SREPPLine) driven by security standards and based on a security requirements decision model along with a security variability model to manage the variability of the artefacts related to security requirements. The aim of this approach is to deal with security requirements from the early stages of the product line development in a systematic way, in order to facilitate conformance with the most relevant security standards with regard to the management of security requirements, such as ISO/IEC 27001 and ISO/IEC 15408.

  19. Characteristics of illegal and legal cigarette packs sold in Guatemala.

    Science.gov (United States)

    Arevalo, Rodrigo; Corral, Juan E; Monzon, Diego; Yoon, Mira; Barnoya, Joaquin

    2016-11-25

    Guatemala, as a party to the Framework Convention on Tobacco Control (FCTC), is required to regulate cigarette packaging and labeling and eliminate illicit tobacco trade. Current packaging and labeling characteristics (of legal and illegal cigarettes) and their compliance with the FCTC is unknown. We sought to analyze package and label characteristics of illegal and legal cigarettes sold in Guatemala. We visited the 22 largest traditional markets in the country to purchase illegal cigarettes. All brands registered on tobacco industry websites were purchased as legal cigarettes. Analysis compared labeling characteristics of illegal and legal packs. Most (95%) markets and street vendors sold illegal cigarettes; 104 packs were purchased (79 illegal and 25 legal). Ten percent of illegal and none of the legal packs had misleading terms. Half of the illegal packs had a warning label covering 26 to 50% of the pack surface. All legal packs had a label covering 25% of the surface. Illegal packs were more likely to have information on constituents and emissions (85% vs. 45%, p Guatemala, neither illegal nor legal cigarette packs comply with FCTC labeling mandates. Urgent implementation and enforcement of the FCTC is necessary to halt the tobacco epidemic.

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

    Science.gov (United States)

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

    2014-09-19

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

  1. Research with Pregnant Women: New Insights on Legal Decision-Making.

    Science.gov (United States)

    Mastroianni, Anna C; Henry, Leslie Meltzer; Robinson, David; Bailey, Theodore; Faden, Ruth R; Little, Margaret O; Lyerly, Anne Drapkin

    2017-05-01

    U.S. researchers and scholars often point to two legal factors as significant obstacles to the inclusion of pregnant women in clinical research: the Department of Health and Human Services' regulatory limitations specific to pregnant women's research participation and the fear of liability for potential harm to children born following a pregnant woman's research participation. This article offers a more nuanced view of the potential legal complexities that can impede research with pregnant women than has previously been reflected in the literature. It reveals new insights into the role of legal professionals throughout the research pathway, from product conception to market, and it highlights a variety of legal factors influencing decision-making that may slow or halt research involving pregnant women. Our conclusion is that closing the evidence gap created by the underrepresentation and exclusion of pregnant women in research will require targeted attention to the role of legal professionals and the legal factors that influence their decisions. © 2017 The Hastings Center.

  2. End-to-end requirements management for multiprojects in the construction industry

    DEFF Research Database (Denmark)

    Wörösch, Michael

    Performance Concrete and insulation materials – is used. By means of action research and interviews of case project staff it has become evident that many elements of formalized requirements management are missing in the case project. To fill those gaps and be able to manage requirements end...... with regards to requirements management. As the literature study gives little new information, a series of interviews are initiated with experts from industry and universities. Those interviews reveal major shortcomings in the way requirements are handled in Danish construction companies today. In order...... to give managers of construction projects a useful and guiding tool for formally managing requirements that is rooted in practice, the “Conceptual requirements management framework”, is created. The framework builds upon the gathered empirical data, obtained by action research, interviews, and available...

  3. Legal problems brought about by technological progress

    International Nuclear Information System (INIS)

    1986-01-01

    In almost all sectors of public or private life, advances in the natural sciences and the progress of technology provoke changes that have to be managed by society. Our legal system is far from being left untouched by such changes, and frequently has to cope with new and complex legal problems in all fields of law. The book in hand collects eleven lectures presented within the framework of the Studium Generale at Heidelberg University, dealing with significant developments and their effects on the law, as e.g.: Risk acceptance in the wake of new technologies, in vitro fertilisation, early diagnosis of embryonic malformation, protection of animals in the context of medical research, information technologies and data protection, accidents in space and liability problems, transfrontier air pollution, protection of the environment. The legal aspects and the social aspects are discussed in detail by the lectures. Three of the contributions have been separately analysed for the database. (orig./HSCH) [de

  4. GA-4 and GA-9 legal weight truck shipping cask development

    International Nuclear Information System (INIS)

    Grenier, R.M.; Meyer, R.J.; Jensen, M.F.

    1989-02-01

    We are developing two new legal weight truck spent fuel shipping casks that will carry four PWR or nine BWR spent fuel assemblies. They are being developed to meet requirements to dispose of nuclear wastes at a permanent disposal site. Our primary goal is to maximize the number of fuel elements of each fuel type that a legal weight truck (LWT) cask can carry, while ensuring that the design meets all NRC licensing requirements. 1 ref., 4 figs

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

    International Nuclear Information System (INIS)

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

    2015-01-01

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

  6. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

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

    1991-01-01

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

  7. Requirements management: A CSR's perspective

    Science.gov (United States)

    Thompson, Joanie

    1991-01-01

    The following subject areas are covered: customer service overview of network service request processing; Customer Service Representative (CSR) responsibility matrix; extract from a sample Memorandum of Understanding; Network Service Request Form and its instructions sample notification of receipt; and requirements management in the NASA Science Internet.

  8. I-15 integrated corridor management : system requirements.

    Science.gov (United States)

    2011-07-01

    This document is intended as a listing and discussion of the Requirements for the I-15 Integrated Corridor Management System : (ICMS) Demonstration Project in San Diego. This document describes what the system is to do (the functional requirements), ...

  9. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

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

    2012-11-01

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

  10. 76 FR 3697 - Risk Management Requirements for Derivatives Clearing Organizations

    Science.gov (United States)

    2011-01-20

    ... Part II Commodity Futures Trading Commission 17 CFR Part 39 Risk Management Requirements for... RIN 3038-AC98 Risk Management Requirements for Derivatives Clearing Organizations AGENCY: Commodity... (Participant and Product Eligibility), D (Risk Management), E (Settlement Procedures), F (Treatment of Funds...

  11. Final report of INFCE Working Group 6, (INFCE/WG.6/16). ''Spent fuel management'' and executive summary (INFCE/WG.6/17)

    International Nuclear Information System (INIS)

    The report analyses the technical and economic aspects of the current spent fuel storage and transport experiencing present and future requirements, and alternative spent fuel management concepts. Institutional and legal matters are discussed in relation to the present status, present and future requirements and alternative spent fuel management concepts. Special attention is paid to impact factors as there are technical aspects, environmental and physical protection, safeguards, costs, legal and institutional matters, non-proliferation and licensing aspects. Special needs of developing countries and industrialized countries with a limited nuclear power programme are analysed specifically

  12. TWRS configuration management requirement source document

    International Nuclear Information System (INIS)

    Vann, J.M.

    1997-01-01

    The TWRS Configuration Management (CM) Requirement Source document prescribes CM as a basic product life-cycle function by which work and activities are conducted or accomplished. This document serves as the requirements basis for the TWRS CM program. The objective of the TWRS CM program is to establish consistency among requirements, physical/functional configuration, information, and documentation for TWRS and TWRS products, and to maintain this consistency throughout the life-cycle of TWRS and the product, particularly as changes are being made

  13. Predisposal management of radioactive waste. General safety requirements. Pt. 5

    International Nuclear Information System (INIS)

    2009-01-01

    The objective of this Safety Requirements publication is to establish, the requirements that must be satisfied in the predisposal management of radioactive waste. This publication sets out the objectives, criteria and requirements for the protection of human health and the environment that apply to the siting, design, construction, commissioning, operation and shutdown of facilities for the predisposal management of radioactive waste, and the requirements that must be met to ensure the safety of such facilities and activities. This Safety Requirements publication applies to the predisposal management of radioactive waste of all types and covers all the steps in its management from its generation up to its disposal, including its processing (pretreatment, treatment and conditioning), storage and transport. Such waste may arise from the commissioning, operation and decommissioning of nuclear facilities; the use of radionuclides in medicine, industry, agriculture, research and education; the processing of materials that contain naturally occurring radionuclides; and the remediation of contaminated areas. The introduction of the document (Section 1) informs about its objective, scope and structure. The protection of human health and the environment is considered in Section 2 of this publication. Section 3 establishes requirements for the responsibilities associated with the predisposal management of radioactive waste. Requirements for the principal approaches to and the elements of the predisposal management of radioactive waste are established in Section 4. Section 5 establishes requirements for the safe development and operation of predisposal radioactive waste management facilities and safe conduct of activities. The Annex presents a discussion of the consistency of the safety requirements established in this publication with the fundamental safety principles

  14. Management of Operational Support Requirements for Manned Flight Missions

    Science.gov (United States)

    1991-01-01

    This Instruction establishes responsibilities for managing the system whereby operational support requirements are levied for support of manned flight missions including associated payloads. This management system will ensure that support requirements are properly requested and responses are properly obtained to meet operational objectives.

  15. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  16. 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.

  17. Utilization of legal and financial services of partners in dementia care study.

    Science.gov (United States)

    Shrestha, Srijana; Judge, Katherine S; Wilson, Nancy L; Moye, Jennifer A; Snow, A Lynn; Kunik, Mark E

    2011-03-01

    Financial and legal services are unique needs of persons with dementia and their caregivers. This study examines their need for legal and financial assistance and the kinds of legal and financial services provided within Partners in Dementia Care, a telephone-based, care coordination and support service intervention delivered through a partnership between Veterans Affairs (VA) medical centers and local Alzheimer's Association chapters. Based on comprehensive assessment, and needs prioritization, care coordinators collaboratively planned action steps (specific behavioral tasks) with each caregiver/person with dementia to address the dyad's identified unmet needs. Results show that 51 (54.8%) of 93 dyads reported a need for legal and financial services. Action steps related to legal and financial need included education or assistance with legal services (27.27%), nonhealth-related financial benefits (32.32%), health-related financial benefits (21.21%), financial management/planning (9.09%), and financial support (10.1%). Comparable numbers of action steps were directed to VA (41.4%) and non-VA (58.6%) services.

  18. The Legal Context for Teacher Improvement.

    Science.gov (United States)

    Belsches-Simmons, Grace; Bray, Judith

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

  19. Training Requirements and Information Management System. Software user guide

    Energy Technology Data Exchange (ETDEWEB)

    Cillan, T.F.; Hodgson, M.A.

    1992-05-01

    This is the software user`s guide for the Training Requirements and Information Management System. This guide defines and describes the software operating procedures as they apply to the end user of the software program. This guide is intended as a reference tool for the user who already has an indepth knowledge of the Training Requirements and Information Management System functions and data reporting requirement.

  20. Development and Use of a Corpus Tailored for Legal English Learning

    Science.gov (United States)

    Skier, Jason; Vibulphol, Jutarat

    2016-01-01

    While corpus linguistics has been applied towards many specific academic purposes, reports are few regarding its use to facilitate learning of legal English by non-native English speakers. Specialized corpora are required because legal English often differs significantly from ordinary usage, with words such as bar, motion, and hearing having…

  1. System requirements and design description for the environmental requirements management interface (ERMI)

    International Nuclear Information System (INIS)

    Biebesheimer, E.

    1997-01-01

    This document describes system requirements and the design description for the Environmental Requirements Management Interface (ERMI). The ERMI database assists Tank Farm personnel with scheduling, planning, and documenting procedure compliance, performance verification, and selected corrective action tracking activities for Tank Farm S/RID requirements. The ERMI database was developed by Science Applications International Corporation (SAIC). This document was prepared by SAIC and edited by LMHC

  2. 24 CFR 964.120 - Resident management corporation requirements.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Resident management corporation... § 964.120 Resident management corporation requirements. A resident management corporation must consist... resident council, so long as each such council: (1) Approves the establishment of the corporation; and (2...

  3. 75 FR 79031 - Proposed Extension of Existing Information, Collection; Representative of Miners; Legal Identity...

    Science.gov (United States)

    2010-12-17

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

  4. Leadership and Management for Safety. General Safety Requirements

    International Nuclear Information System (INIS)

    2016-01-01

    This Safety Requirements publication establishes requirements that support Principle 3 of the Fundamental Safety Principles in relation to establishing, sustaining and continuously improving leadership and management for safety and an integrated management system. It emphasizes that leadership for safety, management for safety, an effective management system and a systemic approach (i.e. an approach in which interactions between technical, human and organizational factors are duly considered) are all essential to the specification and application of adequate safety measures and to the fostering of a strong safety culture. Leadership and an effective management system will integrate safety, health, environmental, security, quality, human-and-organizational factor, societal and economic elements. The management system will ensure the fostering of a strong safety culture, regular assessment of performance and the application of lessons from experience. The publication is intended for use by regulatory bodies, operating organizations (registrants and licensees) and other organizations concerned with facilities and activities that give rise to radiation risks

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

    International Nuclear Information System (INIS)

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

    2009-01-01

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

  6. Waste Management System Requirement document

    International Nuclear Information System (INIS)

    1990-04-01

    This volume defines the top level technical requirements for the Monitored Retrievable Storage (MRS) facility. It is designed to be used in conjunction with Volume 1, General System Requirements. Volume 3 provides a functional description expanding the requirements allocated to the MRS facility in Volume 1 and, when appropriate, elaborates on requirements by providing associated performance criteria. Volumes 1 and 3 together convey a minimum set of requirements that must be satisfied by the final MRS facility design without unduly constraining individual design efforts. The requirements are derived from the Nuclear Waste Policy Act of 1982 (NWPA), the Nuclear Waste Policy Amendments Act of 1987 (NWPAA), the Environmental Protection Agency's (EPA) Environmental Standards for the Management and Disposal of Spent Nuclear Fuel (40 CFR 191), NRC Licensing Requirements for the Independent Storage of Spent Nuclear and High-Level Radioactive Waste (10 CFR 72), and other federal statutory and regulatory requirements, and major program policy decisions. This document sets forth specific requirements that will be fulfilled. Each subsequent level of the technical document hierarchy will be significantly more detailed and provide further guidance and definition as to how each of these requirements will be implemented in the design. Requirements appearing in Volume 3 are traceable into the MRS Design Requirements Document. Section 2 of this volume provides a functional breakdown for the MRS facility. 1 tab

  7. 7 CFR 3015.169 - Equipment management requirements.

    Science.gov (United States)

    2010-01-01

    ... following requirements (including replacement equipment) until such actions as transfer, replacement or... transfer, replacement, or disposal of the equipment. (b) Every two years, at a minimum, a physical... 7 Agriculture 15 2010-01-01 2010-01-01 false Equipment management requirements. 3015.169 Section...

  8. Refinement of boards' role required.

    Science.gov (United States)

    Umbdenstock, R J

    1987-01-01

    The governing board's role in health care is not changing, but new competitive forces necessitate a refinement of the board's approach to fulfilling its role. In a free-standing, community, not-for-profit hospital, the board functions as though it were the "owner." Although it does not truly own the facility in the legal sense, the board does have legal, fiduciary, and financial responsibilities conferred on it by the state. In a religious-sponsored facility, the board fulfills these same obligations on behalf of the sponsoring institute, subject to the institute's reserved powers. In multi-institutional systems, the hospital board's power and authority depend on the role granted it by the system. Boards in all types of facilities are currently faced with the following challenges: Fulfilling their basic responsibilities, such as legal requirements, financial duties, and obligations for the quality of care. Encouraging management and the board itself to "think strategically" in attacking new competitive market forces while protecting the organization's traditional mission and values. Assessing recommended strategies in light of consequences if constituencies think the organization is abandoning its commitments. Boards can take several steps to match their mode of operation with the challenges of the new environment. Boards must rededicate themselves to the hospital's mission. Trustees must expand their understanding of health care trends and issues and their effect on the organization. Boards must evaluate and help strengthen management's performance, rather than acting as a "watchdog" in an adversarial position. Boards must think strategically, rather than focusing solely on operational details. Boards must evaluate the methods they use for conducting business.

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

    International Nuclear Information System (INIS)

    Horton, S.; Mamedov, N.

    1996-01-01

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

  10. 40 CFR 271.12 - Requirements for hazardous waste management facilities.

    Science.gov (United States)

    2010-07-01

    ... Requirements for Final Authorization § 271.12 Requirements for hazardous waste management facilities. The State shall have standards for hazardous waste management facilities which are equivalent to 40 CFR parts 264... 40 Protection of Environment 26 2010-07-01 2010-07-01 false Requirements for hazardous waste...

  11. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

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

    Directory of Open Access Journals (Sweden)

    Світлана Миколаївна Клімова

    2017-09-01

    Full Text Available On June 21, 2001, the Verkhovna Rada of Ukraine adopted the Basic Law defining the principles of the budgetary system of Ukraine – the Budget Code of Ukraine. However, till now unregulated norms of separate articles of the Budget Code of Ukraine remained: 1 the Cabinet of Ministers of Ukraine does not define the procedure for borrowing to local budgets, as required by Article 74 of the Budget Code of Ukraine; 2 the legislation does not define specific issues of subventions from the State Budget of Ukraine, as required by Article 105 of the Budget Code of Ukraine. 3 the special law does not regulate the procedure for state control over compliance with budget legislation and prosecution for budget violations; 4 The Cabinet of Ministers of Ukraine did not ensure the implementation of Articles 59 and 60 of the Budget Code in relation to the establishment of uniform forms of reporting by the bodies of collection of taxes and fees and submission of information to the Accounting Chamber on this issue etc. Problems related to the regulation of management and financial relations were at the center of attention of domestic scholars - specialists in administrative and financial law, among them VB Averyanov, Yu.P. Bityak, V.M. Garaschuk, MP Kucheryavenko, A.T. Komzyuk, OA Lukashev, A.O. Monaenko, V.Ya. Nastyuk, O.P. Ryabchenko, IV Soloshkina, and others. Scientificly significant issues related to various aspects of lawmaking were considered in the works of domestic and foreign scientists, namely: I.O. Bilya O.M. Kostenka V.F. Pogorilka, SV Poleninoy, A.O. Selivanova V.Yu. Ragozina, Yu.S. Shemshuchenko, I.D. Shootka and others. Paper objective – Rules of external expression of the contents of the norms of the Budget Code of Ukraine. The text of the Budget Code of Ukraine was created according to the general rules of legal technique. Some examples of constructs of norms of BCU, which need to be revised, are considered. First, Article 94, paragraph 3, of

  13. When Serious Project Management is a Critical Business Requirement

    Science.gov (United States)

    Jansma, P. A.; Gibby, L.; Chambers, C.; Joines, J.; Egger, R.

    2000-01-01

    When serious project management is a critical business requirement, project managers need to integrate cost, schedule and technical scope of work across the project, and apply earned value management (EVM).

  14. Legal Culture Viewed as a Factor of Civil Society Development in Russia

    Directory of Open Access Journals (Sweden)

    Ya V Zubova

    2010-12-01

    Full Text Available The article focuses on the civil society and its development in Russia in connection with the notion of legal culture. The legal culture is integral to people's social activities and it is inextricably intertwined into the system of social relations as a result of the regulatory control of the activity, the ranking and regulation of the public intercourse based on the law. The legal culture is uniquely positioned for exercising strong influence upon an individual since it involves competence, adherence and respect for the legal standards expressing the accumulated moral and political requirements of the society.

  15. Legal requirements governing proxy voting in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2008-01-01

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

  16. Department of Energy Emergency Management Functional Requirements Study

    International Nuclear Information System (INIS)

    1987-05-01

    This Study, the Emergency Management Functional Requirements Study (EMFRS), identifies the physical environment, information resources, and equipment required in the DOE Headquarters Emergency Operations Center (EOC) to support the DOE staff in managing an emergency. It is the first step toward converting the present Forrestal EOC into a practical facility that will function well in each of the highly diverse types of emergencies in which the Department could be involved. 2 figs

  17. LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

    Directory of Open Access Journals (Sweden)

    Edina Šehrić

    2016-09-01

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

  18. Regulatory challenges of robotics : Some guidelines for addressing legal and ethical issues

    NARCIS (Netherlands)

    Leenes, Ronald; Palmerini, Erica; Koops, Bert-Jaap; Bertolini, Andrea; Salvini, Pericle; Lucivero, Federica

    2017-01-01

    Robots are slowly, but certainly, entering people’s professional and private lives. They require the attention of regulators due to the challenges they present to existing legal frameworks and the new legal and ethical questions they raise. This paper discusses four major regulatory dilemmas in the

  19. Certification of OHS management in a Nordic context

    DEFF Research Database (Denmark)

    Hendriksen, Kåre; Jørgensen, Kirsten; Jørgensen, Ulrik

    2009-01-01

    ’s management to decide which elements of OHS performance they commit to while the only explicit OHS demand is to comply with legal requirements. Additionally the certification is covered by the accreditation standard requirements of confidentiality, where as the validity of a certificate end up being hidden...... for the involved stakeholders. The consequences of these foundational elements of the existing management standard are analysed and exemplified. The Nordic Minister Council has funded the project, OHS Certification as Control Instrument and Control Strategy, which together with earlier studies of the working...

  20. Is multi-level marketing of nutrition supplements a legal and an ethical practice?

    Science.gov (United States)

    Cardenas, Diana; Fuchs-Tarlovsky, Vanessa

    2018-06-01

    Multi-level marketing (MLM) of nutrition products has experienced dramatic growth in recent decades. 'Wellness' is the second most popular niche in the MLM industry and represents 35% of sales among all the products in 2016. This category includes dietary supplements, weight management and sports nutrition products. The aim of this paper is to analyse whether this practice is legal and ethical. An analysis of available documentary information about the legal aspects of Multi-level marketing business was performed. Ethical reflexion was based on the "principlism" approach. We argue that, while being a controversial business model, MLM is not fraudulent from a legal point of view. However, it is an unethical strategy obviating all the principles of beneficence, nonmaleficence and autonomy. What is at stake is the possible economic scam and the potential harm those products could cause due to unproven efficacy, exceeding daily nutrient requirements and potential toxicity. The sale of dietary and nutrition supplements products by physicians and dieticians presents a conflict of interests that can undermine the primary obligation of physicians to serve the interests of their patients before their own. While considering that MLM of dietary supplements and other nutrition products are a legal business strategy, we affirm that it is an unethical practice. MLM products that have nutritional value or promoted as remedies may be unnecessary and intended for conditions that are unsuitable for self-prescription as well. Copyright © 2018 European Society for Clinical Nutrition and Metabolism. Published by Elsevier Ltd. All rights reserved.

  1. Krsko Nuclear Power Plant's Environmental Management System in Compliance with ISO 14001:2004

    International Nuclear Information System (INIS)

    Kusar, A.; Kavsek, D.

    2010-01-01

    Krsko Nuclear Power Plant (NPP) pays special attention to environmental protection and practices environmental safety in all plant processes and management. In 2008, Krsko NPP introduced the Environmental Management System in compliance with ISO 14001:2004 standard. The plant management announced the Environmental policy which is a part of the business strategy of Krsko NPP which is an eco-friendly company. The Policy is a commitment of the plant management and all staff to act in compliance with requirements of ISO 14001:2004. The standard served as a basis for developing some new documentation such as Environmental Management System Quality Manual, Environmental planning procedures identifying legal and other requirements, Register of environmental aspects, Register of legal and other requirements etc. When establishing the Register of environmental aspects, all possible environmental impacts of the plant were carefully reviewed and estimated. Following the introduction and certification audit in October and December 2008 of Bureau Veritas Certification, Krsko NPP was awarded certificate ISO 14001:2004 attesting conformity of its Environmental Management System with this standard. The Environmental Certificate means that Krsko NPP will promote a positive environmental culture and maintain a safe, healthy and environmentally-sound workplace for all its employees, contractors and visitors.(author).

  2. Revised Arrangements for the Management of Solid and Non-Aqueous Radioactive Waste - 12452

    Energy Technology Data Exchange (ETDEWEB)

    Fullbrook, Michael; Walker, Johann; Macnab, Alec [Atomic Weapons Establishment, Aldermaston (United Kingdom)

    2012-07-01

    In 2010, Atomic Weapons Establishment (AWE) identified a requirement to implement revised management arrangements for the generation, storage and disposal of radioactive waste. A thorough review of the current arrangements/processes was undertaken which included both legal compliance requirements and the identification of business improvement opportunities. On completion of this review a suitable project team was established and in 2011 an integrated Radioactive Waste Management process was implemented throughout the business. Initial results have shown measurable improvements within Radioactive Waste management compliance, operator understanding and increased business efficiency. Through the development and implementation of the revised working arrangements AWE has been able to continue to demonstrate both legal compliance to its regulators along with business efficiency and effectiveness improvements. Simple to follow process maps have improved employees understanding of Radioactive Waste management requirements, provided them with easily accessible information and ensured the business operates in a single coherent manner. The implementation of a modern electronic data management system has ensured all waste related information is easily retrievable and appropriately maintained. The additional functions that have been built into the system have reduced the potential for human error and increased the overall efficiency of the Waste Management department through the use of the automated report generation functionality. (authors)

  3. Ophthalmologists' awareness of informed consent and their compliance to its requirements.

    Science.gov (United States)

    Ehteshami, Asghar; Isfahani, Sakineh Saghaeiannejad; Saeedbakhsh, Saeed; Isfahani, Mahtab Kasaei

    2013-01-01

    Healthcare providers' awareness of laws governing medical documents and patients' health-related information is essential in securing the patients' rights. Given the existing legal problems in documentation of medical record of Consent and Acquittal, we decided to perform an investigation examining the levels of ophthalmologists' awareness of legal requirements for medical record of consent and acquittal and how they complied with such requirements at Feiz Teaching Hospital, Isfahan in the year 2011. This research is an applied, descriptive-analytic one. The research population for awareness measurement includes attending ophthalmologists at Feiz Hospital. Filled-in consent record forms recorded in medical document were used to examine the levels of compliance with legal requirements governing medical record of consent and acquittal. Sampling among the attending ophthalmologists was performed using consensus which included 14 ophthalmologists. The files were samples using the statistical formula, resulting in a sample of 303 files. Data collection tools included a questionnaire and a check list. The questionnaire's reliability was estimated through Cronbach's alpha calculation (0.8); and the check list was completed through a survey among professors of Health Information Technology Management department. In a first step, investigators handed a questionnaire containing 12 items to the ophthalmologists in order to assess their levels of awareness from legal Aspects of medical Informed consent and acquittal, and received the completed questionnaire after answering their possible queries on the issue. In the next step the researchers went to the hospital and evaluated the levels of compliance with legal aspects of medical informed consent and acquittal within the files using a check list and by direct observation. Analytic statistics and SPSS software were used to analyze the data; and Pearson test was applied to evaluate the assumed relationship. The findings were

  4. Waste Management Systems Requirements and Descriptions (SRD)

    International Nuclear Information System (INIS)

    Conner, C.W.

    1986-01-01

    The Department of Energy (DOE), Office of Civilian Radioactive Waste Management (OCRWM) is responsible for the development of a system for the management of high-level radioactive waste and spent fuel in accordance with the Nuclear Waste Policy Act of 1982. The Waste Management system requirements and description document is the program-level technical baseline document. The requirements include the functions that must be performed in order to achieve the system mission and performance criteria for those functions. This document covers only the functional requirements of the system; it does not cover programmatic or procedural requirements pertaining to the processes of designing, siting and licensing. The requirements are largely based on the Nuclear Waste Policy Act of 1982, Environmental Protection Agency standards, Nuclear Regulatory Commission regulations, and DOE orders and guidance. However, nothing in this document should be construed as to relieve the DOE or its contractors from their responsibilities to comply with applicable statutes, regulations, and standards. This document also provides a brief description of the system being developed to meet the requirements. In addition to the described ''authorized system,'' a system description is provided for an ''improved-performance system'' which would include a monitored retrievable storage (MRS) facility. In the event that an MRS facility is approved by Congress, the improved-performance system will become the reference system. Neither system description includes Federal Interim Storage (FIS) capabilities. Should the need for FIS be identified, it will be included as an additional system element. The descriptions are focused on the interfaces between the system elements, rather than on the detail of the system elements themselves

  5. Ageing management requirements in Sweden

    International Nuclear Information System (INIS)

    Gott, K.

    2007-01-01

    Since the adoption of the 1997 act of parliament concerning the abolishment of nuclear power in Sweden plant lives are no longer limited until 2010 as they were following the referendum in 1980. The Swedish Nuclear Power Inspectorate (SKI) has therefore in its most recent general regulations from 2004 introduced requirements for plants to develop ageing management programmes which should have been in place by the end of 2005. An ageing management programme for a nuclear power plant can be viewed as a high level coordinated programme consisting of several other programmes including maintenance and inspection programmes, and as such it should be an integrated part of the quality assurance system of the plant. The goals of the programme are to ensure that there is long term management of ageing and avoidance of the unexpected. For the Swedish regulator the safety aspects and not the economic aspects of ageing management are of primary importance. But there are clear advantages to utilities if large surprises which result in unplanned outages can be avoided. (author)

  6. Gender characteristics of legal conscience in internal affairs agencies staff

    Directory of Open Access Journals (Sweden)

    Kuznetsova O.V.

    2016-06-01

    Full Text Available This article presents the empirical research results of the level of legal conscience forming in law enforcement officials. The study of gender specifics of personnel is now becoming more and more relevant due to a constant increase in the number of women entering the Ministry of Internal Affairs service. The study involved 160 male and 120 female staff members. Analysis of the results revealed a general legal conscience trend typical for male and female employees which manifests in a high level of legal knowledge, adequate understanding of group relativity of moral and ethical norms, civic un-engagement and disinterest to leadership role. This trend reflects a certain viewpoint when human rights are considered to include only freedom, independence and personal self-assertion without responsibility and civic duties. It was found that female employees have higher level of legal conscience forming than male employees. This led to the conclusion of a high-availability of female employees to comply with legal regulations and requirements.

  7. Managing today's complex healthcare business enterprise: reflections on distinctive requirements of healthcare management education.

    Science.gov (United States)

    Welton, William E

    2004-01-01

    In early 2001, the community of educational programs offering master's-level education in healthcare management began an odyssey to modernize its approach to the organization and delivery of healthcare management education. The community recognized that cumulative long-term changes within healthcare management practice required a careful examination of healthcare management context and manpower requirements. This article suggests an evidence-based rationale for defining the distinctive elements of healthcare management, thus suggesting a basis for review and transformation of master's-level healthcare management curricula. It also suggests ways to modernize these curricula in a manner that recognizes the distinctiveness of the healthcare business enterprise as well as the changing management roles and careers within these complex organizations and systems. Through such efforts, the healthcare management master's-level education community would be better prepared to meet current and future challenges, to increase its relevance to the management practice community, and to allocate scarce faculty and program resources more effectively.

  8. 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

  9. Report of the FAO/Government of Australia Expert Consultation on Good Management Practices and Good Legal and Institutional Arrangements for Sustainable Shrimp Culture: Brisbane, Australia, 4-7 December 2000

    National Research Council Canada - National Science Library

    2002-01-01

    ... practices as well as of related institutional and legal instruments and to identify/determine avenues, as well as specific benefits and limitations, for the development and implementation of good management...

  10. Legal boundary conditions of the waste management and energy industry; Rechtliche Rahmenbedingungen der Abfall- und Energiewirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Brahms, Florian [Maslaton Rechtsanwaltsgesellschaft mbH, Leipzig (Germany)

    2013-10-01

    The legal framework of waste and energy management was subject to significant transformations which find their legal link of the national state objective to protect the natural resources for future generations in Article 20a of the German constitution. The waste law as well as the energy law aim at the efficient use of resources to protect the environment and smooth the way for a CO{sub 2}-neutral society. After the accident at Fukushima on 11 March 2011 the legislator enacted a number of laws that have a lasting impact on the energy industry and that the operators of biomass plants have to adapt to. At the same time, renewable energies have achieved a remarkable market share under the German Renewable Energy Act, so that market and system integration has also moved into the foreground of the legislation. For electricity produced from the fermentation of biowaste, the German Renewable Energy Act 2012 already provides that the fixed feed-in compensation for installations with an electrical power over 750 kW commissioned after 31 December 2013 no longer exists. The waste legislation is characterized in particular by its relation to European laws, although the definition of the term ''waste'' still causes demarcation difficulties. The Biowaste Ordinance was comprehensively amended in April 2012 in consideration of a number of European regulations. (orig.)

  11. 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....

  12. 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...

  13. Information and Knowledge Management at South African Law Firms

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2011-07-01

    Full Text Available Global and national law firms alike operate in a challenging business environment and managing the firm's information and knowledge assets is increasingly viewed as a key factor in efficient legal service delivery. In legal practice, information management technologies, for example intranets, portals, workflow management systems, document and content management systems, case and project management systems and online dispute resolution systems are becoming important means of legal service delivery. The reason for applying information management technologies and implementing knowledge management strategies in law firms is not only to satisfy clients' growing need for a trusted online platform to interact with legal service providers, but for law firms to capitalise on their intellectual assets, to continuously modernise legal practice management, to empower lawyers, to increase productivity, to use time efficiently, to transfer skills and knowledge from senior to junior professionals, to improve service delivery and to gain competitive advantage. This article firstly reviews the role of information and knowledge management in providing an effective legal service to clients and compares foreign and South African law firms' information management related contexts, challenges and benefits. Secondly, it presents the findings of a survey conducted at South African law firms based on their knowledge management practices. The aim of the article is to provide insights into law firm knowledge management and its effect on providing legal services in an online business environment.

  14. Center for information management and intelligence of the School of Public Legal Defense of the State of Bahia

    Directory of Open Access Journals (Sweden)

    Barbara Coelho Neves

    2012-04-01

    Full Text Available This paper presents the experience report about the implementation of the Center for Information Management and Intelligence administered by the Library of the Public Defender of the State of Bahia. The Center aims to corroborate the information stock, based on capturing the tacit knowledge of public Defenders of DPE. Aspires to social inclusion and the preservation of memory used in human rights activities defensoriais developed. The biggest benefit of creating the Center for Information Management and Intelligence is to provide the availability of information gained by the defenders in a structured way, to all persons interested in the topics defensoriais seized through legal experiences, conferences, training courses, seminars, workshops , Among others. The Center for Information Management and Intelligence of the DPE Library is an important way to efficiently connect "those who know" with those who "need to know" and converting personal knowledge into the organization's memory. For this, the proposal develops the collection, storage, management and dissemination of knowledge with a methodology based on models of the authors Nonaka and Takeuchi, with the help of teenagers "apprentices" in fulfillment of socio-educational measure the Mother City Foundation.

  15. Energy management manual

    Energy Technology Data Exchange (ETDEWEB)

    1979-06-01

    The Jacarilla reservation lies on the San Juan Basin in New Mexico, with vast oil and gas deposits, actively developed since the late 1950s. Constraints on Tribal regulation of energy development are discussed in Section I. Section II describes the relationship between Federal agencies and the Tribe; identifies energy management problems; recommends management activities to address the problems; and points out skill requirements. The Tribe has now adopted a formal statement of goals and objectives for its minerals management program and details of the program are described in Section III. Information on the legal analysis of oil and gas development on the land of the Tribe is given in the appendix. (MCW)

  16. 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.

  17. Recent developments and trends in requirements management systems

    International Nuclear Information System (INIS)

    Suzuki, Satoru; Ueda, Hiroyoshi; Fujisaki, Kiyoshi; Ishiguro, Katsuhiko; Tsuchi, Hiroyuki; Vomvoris, Stratis; Gaus, Irina

    2011-01-01

    In a recent international meeting, five radioactive waste disposal organizations (NUMO/Japan; NAGRA/Switzerland; ONDRAF/NIRAS/Belgium; POSIVA/Finland; SKB/Sweden) have discussed the status and developments of RMS in their respective programs. The majority have already implemented an IT-based system, or, are testing and developing such systems. The level of detail of requirements depends on the stage of the program. Those approaching the license application have integrated all components of the repository concept, including the processes for the operational phase. Requirements management is closely associated with the quality management system. Combining requirement and decision-tracking has been expressed as an explicit goal for some programs. Caution was expressed regarding the expectations for the RMS being developed. There is a risk that such systems are perceived as expert systems that can derive decisions, which then will be unquestionably accepted. It is nevertheless recognized that they can be of great help in communicating with the various stakeholders and with relative ease demonstrate how their requirements have been considered and satisfied with the proposed repository systems. Further efforts need to be undertaken to integrate the requirement management systems, and the processes that they represent, in the day-to-day operations of the organizations. First positive experiences of the latter are reported. (author)

  18. The Legal Policy of Corporation Legal Standing as Rechtspersoon at Indonesian Criminal Justice System

    OpenAIRE

    Maryono Maryono; Yuhelson Yuhelson

    2016-01-01

    Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by bus...

  19. EXPERIENCE OF NORMATIVE-LEGAL TRAINING OF PEDAGOGICAL STAFF IN THE SYSTEM OF HIGHER EDUCATION AND INCREASE QUALIFICATION

    Directory of Open Access Journals (Sweden)

    Andzhela Muharbievna Shekhmirzova

    2017-10-01

    higher and additional professional education is developed on the basis of identified methodological problems. Practical implications: The results of the research can serve as a basis for the management strategy of educational organizations in developing an educational program for the development of the normative-legal competence of teaching staff in the field of higher and additional professional education, taking into account the requirements of the new standards.

  20. Limits Legal Ethics of Biotechnology in XXI Century

    Directory of Open Access Journals (Sweden)

    Melissa Cabrini Morgato

    2016-06-01

    Full Text Available The present paper discusses the ethical and legal consequences of developments in biotechnological science, with a focus on the field of genetic engineering. We classify situations originating from developments in biotechnological science depending on their ethical and legal justification, based on Habermas’ reflections in his work “The future of human nature”, and differentiate between negative eugenics, representing ethically and legally justified situations, given their therapeutic potential of bringing benefits to human beings; and positive eugenics, describing situations, which are not justified by Ethics and Law, since they represent risks for the ethical self-understanding of the human species and are also incompatible with the imperative nature of human life protection, which is struc- tured by the Ibero-American constitutional states. We conclude that all moral judgments must follow the principle of human dignity as a major guideline, because the prevention of harmful practices against human beings requires, apart from legal and ethical rules, the responsibility to exclusively employ technologies for therapeutic purposes and to impede that the consumer society and its by-products completely artificialize the human nature.

  1. Civilian Radioactive Waste Management System Requirements Document

    International Nuclear Information System (INIS)

    1992-12-01

    This document specifies the top-level requirements for the Civilian Radioactive Waste Management System (CRWMS). The document is referred to herein as the CRD, for CRWMS Requirements document. The OCRWM System Engineering Management Plan (SEMP) establishes the technical document hierarchy (hierarchy of technical requirements and configuration baseline documents) for the CRWMS program. The CRD is the top-level document in this hierarchy. The immediate subordinate documents are the System Requirements Documents (SRDS) for the four elements of the CRWMS and the Interface Specification (IFS). The four elements of the CRWMS are the Waste Acceptance System, the Transportation System, the Monitored Retrievable Storage (MRS) System and the Mined Geologic Disposal System (MGDS). The Interface Specification describes the six inter-element interfaces between the four elements. This hierarchy establishes the requirements to be addressed by the design of the system elements. Many of the technical requirements for the CRWMS are documented in a variety of Federal regulations, DOE directives and other Government documentation. It is the purpose of the CRD to establish the technical requirements for the entire program. In doing so, the CRD summarizes source documentation for requirements that must be addressed by the program, specifies particular requirements, and documents derived requirements that are not covered in regulatory and other Government documentation, but are necessary to accomplish the mission of the CRWMS. The CRD defines the CRWMS by identifying the top-level functions the elements must perform (These top-level functions were derived using functional analysis initially documented in the Physical System Requirements (PSR) documents). The CRD also defines the top-level physical architecture of the system and allocates the functions and requirements to the architectural elements of the system

  2. Emerging Requirements for Technology Management: A Sector-based Scenario Planning Approach

    Directory of Open Access Journals (Sweden)

    Simon Patrick Philbin

    2013-09-01

    Full Text Available Identifying the emerging requirements for technology management will help organisations to prepare for the future and remain competitive. Indeed technology management as a discipline needs to develop and respond to societal and industrial needs as well as the corresponding technology challenges. Therefore, following a review of technology forecasting methodologies, a sector-based scenario planning approach has been used to derive the emerging requirements for technology management. This structured framework provided an analytical lens to focus on the requirements for managing technology in the healthcare, energy and higher education sectors over the next 5-10 years. These requirements include the need for new business models to support the adoption of technologies; integration of new technologies with existing delivery channels; management of technology options including R&D project management; technology standards, validation and interoperability; and decision-making tools to support technology investment.

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

    Energy Technology Data Exchange (ETDEWEB)

    1981-10-17

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

  4. 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.

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

    International Nuclear Information System (INIS)

    Dunberry, E.

    2004-01-01

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

  6. Architectural Design for the Global Legal Information Network

    Science.gov (United States)

    Kalpakis, Konstantinos

    1999-01-01

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

  7. [Non-commercial clinical trials--who will be the legal sponsor? Sponsorship of investigator-initiated clinical trials according to the German Drug Law].

    Science.gov (United States)

    Benninger-Döring, G; Boos, J

    2006-07-01

    Non-commercial clinical trials may be of great benefit to the patients concerned. The 12th amendment to the German Drug Law (AMG) changed legal liability of the initiators of investigator-initiated clinical trials with extensive consequences for traditional project leaders. The central point under discussion is the sponsor's responsibility according to the AMG. Presently leading management divisions of university hospitals and universities are developing proceedings to assume sponsor responsibility by institutions (institutional sponsorship), which should enable investigator-initiated clinical trials to be conducted according to legal requirements in the future. Detailed problems and special questions can only be resolved in a single-minded fashion, and if necessary political processes should be catalyzed.

  8. Standard requirements for GCP-compliant data management in multinational clinical trials

    LENUS (Irish Health Repository)

    Ohmann, Christian

    2011-03-22

    Abstract Background A recent survey has shown that data management in clinical trials performed by academic trial units still faces many difficulties (e.g. heterogeneity of software products, deficits in quality management, limited human and financial resources and the complexity of running a local computer centre). Unfortunately, no specific, practical and open standard for both GCP-compliant data management and the underlying IT-infrastructure is available to improve the situation. For that reason the "Working Group on Data Centres" of the European Clinical Research Infrastructures Network (ECRIN) has developed a standard specifying the requirements for high quality GCP-compliant data management in multinational clinical trials. Methods International, European and national regulations and guidelines relevant to GCP, data security and IT infrastructures, as well as ECRIN documents produced previously, were evaluated to provide a starting point for the development of standard requirements. The requirements were produced by expert consensus of the ECRIN Working group on Data Centres, using a structured and standardised process. The requirements were divided into two main parts: an IT part covering standards for the underlying IT infrastructure and computer systems in general, and a Data Management (DM) part covering requirements for data management applications in clinical trials. Results The standard developed includes 115 IT requirements, split into 15 separate sections, 107 DM requirements (in 12 sections) and 13 other requirements (2 sections). Sections IT01 to IT05 deal with the basic IT infrastructure while IT06 and IT07 cover validation and local software development. IT08 to IT015 concern the aspects of IT systems that directly support clinical trial management. Sections DM01 to DM03 cover the implementation of a specific clinical data management application, i.e. for a specific trial, whilst DM04 to DM12 address the data management of trials across the unit

  9. Management of waste from nuclear facilities as a regulatory problem. Requirements to be met by legislation under conditions of uncertainty. Die Entsorgung der Kernenergie als Regelungsproblem. Zu den Anforderungen an Gesetzgebung unter Ungewissheitsbedingungen

    Energy Technology Data Exchange (ETDEWEB)

    Ladeur, K.H.

    1989-07-01

    The author presents a brief review of the development of the nuclear waste management regime in the Atomic Energy Act, referring also to court decissions and the literature. The article analyses the constitutionality of the waste management regulations of section 9a and following sections, and of the provisions on reprocessing (section 7, sub-sec. (1)), primarily under the aspect of the principle of proviso of legality in general, reformulated by the theory of materiality, and in particular with regard to the requirement of 'backfitting' in order to improve the regulatory system for complex and especially technological matters. (orig./RST).

  10. Legal control of technical large-scale projects

    International Nuclear Information System (INIS)

    Kuhnt, D.

    1981-01-01

    The principle derived from experience that large projects require approval by the courts may not longer be valid. On the contrary, the courts are only entitled to real legal control according to the principle of the division of powers. If not accurately defined legal terms cannot be waived, the administration has to set the frame for review by courts by technical standards to be given in statutory ordinances, administrative provisions and administrative instructions. The average term of administrative proceedings has to be shortened considerably. The plaintiff as well as the beneficiaries of the act of licensing have a right to a prompt decision. The immediate execution of a decision can, on principle, also not be waived in future. More than up to now, the careful consideration of the interests and not an anticipated judgement on the main issue has to be the subject of legal examination according to section 80, subsection 5 of the German code of administrative procedure (Verwaltungsgerichtsordnung). (orig./HP) [de

  11. The precautionary principle in fisheries management under climate change: How the international legal framework formulate it?

    Science.gov (United States)

    Latifah, E.; Imanullah, M. N.

    2018-03-01

    One of the objectives of fisheries management is to reach long-term sustainable benefits of the fish stocks while reducing the risk of severe or irreversible damage to the marine ecosystem. Achieving this objective needs, the good scientific knowledge and understanding on fisheries management including scientific data and information on the fish stock, fishing catch, distribution, migration, the proportion of mature fish, the mortality rate, reproduction as well as the knowledge on the impact of fishing on dependent and associated species and other species belonging to the same ecosystem, and further the impact of climate change and climate variability on the fish stocks and marine ecosystem. Lack of this scientific knowledge may lead to high levels of uncertainty. The precautionary principle is one of the basic environmental principles needed in overcoming this problem. An essence of this principle is that, in facing the serious risk as a result of the limited scientific knowledge or the absence of complete evidence of harm, it should not prevent the precautionary measures in minimizing risks and protecting the fish stocks and ecosystem. This study aims to examine how the precautionary principle in fisheries management be formulated into the international legal framework, especially under the climate change framework.

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

    Science.gov (United States)

    Hassan, Majid

    2008-01-01

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

  13. International Nuclear Management Academy Requirements for University Master’s Programmes in Nuclear Technology Management

    International Nuclear Information System (INIS)

    Grosbois, J. de; Hirose, H.; Adachi, F.; Liu, L.; Hanamitsu, K.; Kosilov, A.; Roberts, J.

    2016-01-01

    Full text: The development of any national nuclear energy programme is dependent on the successful development of qualified human resources, through a sustainable nuclear education and training programmes supported by government and industry. Among the broad range of specialists needed for the continued safe and economic utilization of nuclear technology for peaceful purposes, are a most vital component—managers. The International Nuclear Management Academy (INMA) is an IAEA facilitated collaboration framework in which universities provide master’s degree programmes focusing on the management aspect for the nuclear sector. INMA master’s programmes in Nuclear Technology Management (NTM) specify a common set of competency requirements that graduates should acquire to prepare them to become competent managers. This paper presents an overview of the INMA collaboration framework and the requirements for partner universities to implement master’s programmes in Nuclear Technology Management. (author

  14. College Endowment Funds: A Consideration of Applicable Accounting and Legal Principles.

    Science.gov (United States)

    Blackwell, Thomas E.; Johns, Ralph S.

    1970-01-01

    In 1968 the Ford Foundation appointed an Advisory Committee on Endowment Management to study the management of college and university endowment funds with an eye toward the accounting and legal principals of more unconventional investing. The Committee concluded that gains from endowments need not be treated as principal of NACUBO sees this…

  15. Analysing Discursive Practices in Legal Research: How a Single Remark Implies a Paradigm

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2017-12-01

    Full Text Available Different linguistic theories of meaning (semantic theories imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and legal experts. Such scholarly analysis reveals a methodical choice on how to discuss meaning and therefore implies positioning oneself towards a semantic theory of meaning, whether the scholar is aware of this or not. Legal practitioners may not be bound to be consistent in their commitment to semantic theories, as their task is to decide legal issues. Legal scholars, however, should be consistent because commitment to a semantic theory implies a distinct position towards important legal theoretical doctrines. In this paper three examples are discussed that require an articulated position of the legal scholar because the discursive practices of legal practitioners show inconsistencies. For each of these examples it can be shown that a scholar’s methodic choice implies commitment to a specific semantic theory, and that adopting such a theory implies a distinct position towards the meaning of the Rule of Law, the separation of powers doctrine and the institutional position of the judge.

  16. Legal system of nuclear waste disposal. Das System der atomaren Entsorgungsregelung

    Energy Technology Data Exchange (ETDEWEB)

    Dauk, W

    1983-01-01

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

  17. Software piracy: Physical and legal protection methods

    Energy Technology Data Exchange (ETDEWEB)

    Orlandi, E

    1991-02-01

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

  18. Medico-legal issues in breast imaging

    Energy Technology Data Exchange (ETDEWEB)

    Purushothaman, H.N., E-mail: hema.purushothaman@bartsandthelondon.nhs.uk [Department of Radiology, St Bartholomew' s Hospital, London (United Kingdom); Wilson, R. [Department of Radiology, The Royal Marsden Hospital, Sutton, Surrey (United Kingdom); Michell, M.J. [Department of Radiology, King' s College Hospital, London (United Kingdom)

    2012-07-15

    Aim: To identify medico-legal issues that occur in the diagnosis and radiological management of breast disease and to propose measures to reduce the risk of patient complaints and legal action in breast radiology and diagnosis. Materials and methods: Institutional review board approval was not applicable for this study. A retrospective study was undertaken and records of 120 medico-legal investigations over a 10 year period were examined. The reports were compiled by two consultant breast radiologists. Results: The mean age of the patients represented in this study was 48.3 years. The main complaint in this series was a delay in diagnosis (92%) followed by inappropriate or inadequate treatment (8%). 81% of cases were patients who had presented to the symptomatic clinic. The main presenting symptom was a palpable lump (65%). Substandard care was cited in 49/120 cases (41%). The mean average delay in diagnosis was 15.6 months. Of the cases cited as substandard care, 61% were considered the fault of the radiologist and 14% considered the fault of the breast surgeon. Of the cases where the radiologist was considered to be at fault, microcalcification was the most common mammographic sign to be missed or misinterpreted (12/26 cases, 46%). Conclusion: The most common complaint in this series was delay in diagnosis with microcalcification being the main mammographic sign that was either not seen or misinterpreted by the radiologist. Clear and precise written protocols are recommended for all breast imaging practice to ensure that medico-legal investigations will be greatly reduced.

  19. Medico-legal issues in breast imaging

    International Nuclear Information System (INIS)

    Purushothaman, H.N.; Wilson, R.; Michell, M.J.

    2012-01-01

    Aim: To identify medico-legal issues that occur in the diagnosis and radiological management of breast disease and to propose measures to reduce the risk of patient complaints and legal action in breast radiology and diagnosis. Materials and methods: Institutional review board approval was not applicable for this study. A retrospective study was undertaken and records of 120 medico-legal investigations over a 10 year period were examined. The reports were compiled by two consultant breast radiologists. Results: The mean age of the patients represented in this study was 48.3 years. The main complaint in this series was a delay in diagnosis (92%) followed by inappropriate or inadequate treatment (8%). 81% of cases were patients who had presented to the symptomatic clinic. The main presenting symptom was a palpable lump (65%). Substandard care was cited in 49/120 cases (41%). The mean average delay in diagnosis was 15.6 months. Of the cases cited as substandard care, 61% were considered the fault of the radiologist and 14% considered the fault of the breast surgeon. Of the cases where the radiologist was considered to be at fault, microcalcification was the most common mammographic sign to be missed or misinterpreted (12/26 cases, 46%). Conclusion: The most common complaint in this series was delay in diagnosis with microcalcification being the main mammographic sign that was either not seen or misinterpreted by the radiologist. Clear and precise written protocols are recommended for all breast imaging practice to ensure that medico-legal investigations will be greatly reduced.

  20. Identify and Manage the Software Requirements Volatility

    OpenAIRE

    Khloud Abd Elwahab; Mahmoud Abd EL Latif; Sherif Kholeif

    2016-01-01

    Management of software requirements volatility through development of life cycle is a very important stage. It helps the team to control significant impact all over the project (cost, time and effort), and also it keeps the project on track, to finally satisfy the user which is the main success criteria for the software project. In this research paper, we have analysed the root causes of requirements volatility through a proposed framework presenting the requirements volatility causes and how...

  1. Transboundary river basin management in Europe
    Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods

    Directory of Open Access Journals (Sweden)

    Andrea M. Keessen

    2008-12-01

    Full Text Available Although modern European water policy follows a river basin approach where Member States have to cooperate in order to achieve a ‘good status’ of their water bodies, the obligations arising from the European water directives are to be achieved by each Member State individually. This situation creates problems when water pollution and water quantity problems cross borders. It is still unclear whether Member States can be held responsible for not achieving objectives due to causes (partly originating abroad. This article describes some of the legal instruments that water authorities have at their disposal to comply with the European water management obligations in case of transboundary water pollution and floods and thus shape transboundary river management. The article describes instruments to create, implement and enforce transboundary cooperation, and addresses the possibility of transboundary compensation if cooperation fails. Here, the focus is on a civil lawsuit before a domestic court.

  2. 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.

  3. Requirements for enrichment tools

    NARCIS (Netherlands)

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

    2016-01-01

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

  4. Medico-legal litigation: Balancing spiralling costs with fair ...

    African Journals Online (AJOL)

    2015-05-02

    May 2, 2015 ... 8, No. 1 SAJBL. Ames Dhai. Editor amaboo.dhai@wits.ac.za. A Medico Legal Summit was convened by the National. Minister of Health, Dr Aaron Motsoaledi, on 9 and 10 ... of preventable harm at healthcare facilities when managing patients there. Patient safety is a component of good quality healthcare.

  5. GENERAL REQUIREMENTS FOR SIMULATION MODELS IN WASTE MANAGEMENT

    International Nuclear Information System (INIS)

    Miller, Ian; Kossik, Rick; Voss, Charlie

    2003-01-01

    Most waste management activities are decided upon and carried out in a public or semi-public arena, typically involving the waste management organization, one or more regulators, and often other stakeholders and members of the public. In these environments, simulation modeling can be a powerful tool in reaching a consensus on the best path forward, but only if the models that are developed are understood and accepted by all of the parties involved. These requirements for understanding and acceptance of the models constrain the appropriate software and model development procedures that are employed. This paper discusses requirements for both simulation software and for the models that are developed using the software. Requirements for the software include transparency, accessibility, flexibility, extensibility, quality assurance, ability to do discrete and/or continuous simulation, and efficiency. Requirements for the models that are developed include traceability, transparency, credibility/validity, and quality control. The paper discusses these requirements with specific reference to the requirements for performance assessment models that are used for predicting the long-term safety of waste disposal facilities, such as the proposed Yucca Mountain repository

  6. Medical photography: current technology, evolving issues and legal perspectives.

    Science.gov (United States)

    Harting, M T; DeWees, J M; Vela, K M; Khirallah, R T

    2015-04-01

    Medical photographic image capture and data management has undergone a rapid and compelling change in complexity over the last 20 years. This is because of multiple factors, including significant advances in ease of photograph capture, alongside an evolution of mechanisms of data portability/dissemination, combined with governmental focus on health information privacy. Literature to guide medical, legal, governmental and business professionals when dealing with issues related to medical photography is virtually nonexistent. Herein, we will address the breadth of uses of medical photography, device properties/specific devices utilised for image capture, methods of data transfer and dissemination and patient perceptions and attitudes regarding photography in a medical setting. In addition, we will address the legal implications, including legal precedent, copyright and privacy law, informed consent, protected health information and the Health Insurance Portability and Accountability Act (HIPAA), as they pertain to medical photography. © 2015 John Wiley & Sons Ltd.

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

    Science.gov (United States)

    Rhodes, A M

    1986-09-01

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

  8. Determining the essential skill requirements for construction managers' practice in Nigeria

    Directory of Open Access Journals (Sweden)

    Olabode E Ogunsanmi

    2016-12-01

    Full Text Available The study investigates the essential skill requirements for construction managers in Nigeria. The objective is to determine the most important skill requirements for construction managers. A structured questionnaire was administered to construction professionals who worked recently with construction managers in their recently completed projects. Snowballing sampling technique was used to select seventy (70 respondents, however only forty (40 responses were used for the data analysis. The results indicate that essential skills required by the construction managers for their jobs include: procedural-industrial skills, quality assurance/management, listening skills, knowledge of codes and regulations, sustainable skills and ability to learn skills. These skills are important for the construction manager to practice effectively in Nigeria and other developing countries. These findings have seven practical implications to professional bodies, Universities and other trainers of construction managers, whose present curricula may be deficient in knowledge areas in industry (business, managerial, personal and technical. These institutions may need to re-orientate and improve the curricula for newly trained construction managers to cope with current skill requirements. On the other hand, recruiting agencies should ensure that job applicants with the right hard and soft skills are engaged as construction managers. Consequently efficient and effective management of future construction projects in Nigeria and other developing countries can be ensured.

  9. Legal Standards for Brain Death and Undue Influence in Euthanasia Laws.

    Science.gov (United States)

    Pope, Thaddeus Mason; Okninski, Michaela E

    2016-06-01

    A major appellate court decision from the United States seriously questions the legal sufficiency of prevailing medical criteria for the determination of death by neurological criteria. There may be a mismatch between legal and medical standards for brain death, requiring the amendment of either or both. In South Australia, a Bill seeks to establish a legal right for a defined category of persons suffering unbearably to request voluntary euthanasia. However, an essential criterion of a voluntary decision is that it is not tainted by undue influence, and this Bill falls short of providing adequate guidance to assess for undue influence.

  10. Application of Total Quality Management (TQM) Requirements in Risk Management in Construction Projects in Iraq

    OpenAIRE

    Entisar K. Al-Geelawee; Anfal Nadhel Mohammed

    2016-01-01

    Total quality management considers one of the modern scientific entrances which practiced by productivity service organizations alike to provide appropriate quality required outputs according to the needs and desires of customers manage , enable the organization seeking to continue and grow in light of the increasing competition from the satisfy and provide the appropriate total quality management requirements whenever led to face risks that they may have in a manner in which they can be a...

  11. Requirements Flowdown for Prognostics and Health Management

    Science.gov (United States)

    Goebel, Kai; Saxena, Abhinav; Roychoudhury, Indranil; Celaya, Jose R.; Saha, Bhaskar; Saha, Sankalita

    2012-01-01

    Prognostics and Health Management (PHM) principles have considerable promise to change the game of lifecycle cost of engineering systems at high safety levels by providing a reliable estimate of future system states. This estimate is a key for planning and decision making in an operational setting. While technology solutions have made considerable advances, the tie-in into the systems engineering process is lagging behind, which delays fielding of PHM-enabled systems. The derivation of specifications from high level requirements for algorithm performance to ensure quality predictions is not well developed. From an engineering perspective some key parameters driving the requirements for prognostics performance include: (1) maximum allowable Probability of Failure (PoF) of the prognostic system to bound the risk of losing an asset, (2) tolerable limits on proactive maintenance to minimize missed opportunity of asset usage, (3) lead time to specify the amount of advanced warning needed for actionable decisions, and (4) required confidence to specify when prognosis is sufficiently good to be used. This paper takes a systems engineering view towards the requirements specification process and presents a method for the flowdown process. A case study based on an electric Unmanned Aerial Vehicle (e-UAV) scenario demonstrates how top level requirements for performance, cost, and safety flow down to the health management level and specify quantitative requirements for prognostic algorithm performance.

  12. Persistent Mullerian Duct Syndrome: a rare entity with a rare presentation in need of multidisciplinary management

    Directory of Open Access Journals (Sweden)

    Lin Da Aw

    Full Text Available ABSTRACT Main findings: A typical male looking adolescent with a legal female gender assignment presented with haematuria. Investigations led to the diagnosis of Persistent Mullerian Duct Syndrome. The condition is indeed a rare entity that needs a multidisciplinary team management. Case hypothesis: A case of Persistent Mullerian Duct Syndrome undiagnosed at birth because karyotyping was defaulted, thus resulting in a significant impact on the legal gender assignment and psychosocial aspects. Promising future implications: The reporting of this case is important to create awareness due to its rarity coupled with the rare presentation with hematuria as a possible masquerade to menstruation. There were not only medical implications, but also psychosocial and legal connotations requiring a holistic multidisciplinary management.

  13. Persistent Mullerian Duct Syndrome: a rare entity with a rare presentation in need of multidisciplinary management.

    Science.gov (United States)

    Da Aw, Lin; Zain, Murizah M; Esteves, Sandro C; Humaidan, Peter

    2016-01-01

    A typical male looking adolescent with a legal female gender assignment presented with haematuria. Investigations led to the diagnosis of Persistent Mullerian Duct Syndrome. The condition is indeed a rare entity that needs a multidisciplinar team management. Case hypothesis: A case of Persistent Mullerian Duct Syndrome undiagnosed at birth because karyotyping was defaulted, thus resulting in a significant impact on the legal gender assignment and psychosocial aspects. Promising future implications: The reporting of this case is important to create awareness due to its rarity coupled with the rare presentation with hematuria as a possible masquerade to menstruation. There were not only medical implications, but also psychosocial and legal connotations requiring a holistic multidisciplinary management. Copyright® by the International Brazilian Journal of Urology.

  14. The role of advocacy in occasioning community and organizational change in a medical-legal partnership.

    Science.gov (United States)

    Anderson-Carpenter, Kaston D; Collie-Akers, Vicki; Colvin, Jeffrey D; Cronin, Katie

    2013-01-01

    Health disparities among low-income individuals remain a significant problem. A number of social determinants are associated with adverse health outcomes. Medical-legal partnerships address legal concerns of low-income individuals to improve health and wellness in adults and children. The Medical-Legal Partnership at Legal Aid of Western Missouri provides free direct legal services for patients with legal concerns affecting health. There is limited evidence regarding the association between advocacy-related efforts and changes within both the medical-legal partnership structure and in health-care facilities. Three health-care organizations in Kansas City, MO participated in implementing the medical-legal partnership model between 2007 and 2010. Advocacy efforts conducted by key medical-legal partnership personnel were strongly associated with changes in health-care organizations and within the medical-legal partnership structure. This study extends the current evidence base by examining the types of advocacy efforts required to bring about community and organizational changes.

  15. 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

  16. 14 CFR 142.13 - Management and personnel requirements.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Management and personnel requirements. 142... (CONTINUED) SCHOOLS AND OTHER CERTIFICATED AGENCIES TRAINING CENTERS General § 142.13 Management and... curriculum leading to airman certificates or ratings, or both; (c) The training center has, and shall...

  17. 25 CFR 170.502 - Are management systems required for the IRR Program?

    Science.gov (United States)

    2010-04-01

    ... the following systems for the IRR Program: (1) Pavement management; (2) Safety management; (3) Bridge... 25 Indians 1 2010-04-01 2010-04-01 false Are management systems required for the IRR Program? 170... Program Reviews and Management Systems § 170.502 Are management systems required for the IRR Program? (a...

  18. MEDICO-LEGAL HIV/AIDS, LAW AND ETHICS: A BRIEF ANALYSIS ...

    African Journals Online (AJOL)

    Enrique

    ... are in a unique situation, as both legal and ethical rules apply to a ... Guidelines for the Management of Patients with HIV. Infection or ... process of obtaining informed consent from a patient. Not ... narrowly construed and applied. Although ...

  19. An analysis of legal warnings after drug approval in Thailand.

    Science.gov (United States)

    Sriphiromya, Pakawadee; Theeraroungchaisri, Anuchai

    2015-02-01

    Drug risk management has many tools for minimizing risk and black-boxed warnings (BBWs) are one of those tools. Some serious adverse drug reactions (ADRs) emerge only after a drug is marketed and used in a larger population. In Thailand, additional legal warnings after drug approval, in the form of black-boxed warnings, may be applied. Review of their characteristics can assist in the development of effective risk mitigation. This study was a cross sectional review of all legal warnings imposed in Thailand after drug approval (2003-2012). Any boxed warnings for biological products and revised warnings which were not related to safety were excluded. Nine legal warnings were evaluated. Seven related to drugs classes and two to individual drugs. The warnings involved four main types of predictable ADRs: drug-disease interactions, side effects, overdose and drug-drug interactions. The average time from first ADRs reported to legal warnings implementation was 12 years. The triggers were from both safety signals in Thailand and regulatory measures in other countries outside Thailand. Copyright © 2014 Elsevier Inc. All rights reserved.

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

    Science.gov (United States)

    Breitweg-Lehmann, Evelyn

    2017-03-01

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

  1. Legal aspects of a nuclear power plant

    International Nuclear Information System (INIS)

    Lukes, R.

    1987-01-01

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

  2. Aspectos éticos y legales en los pacientes con trauma ocular Technical and legal aspects of the ocular trauma patients

    Directory of Open Access Journals (Sweden)

    Eduardo Ariel Ramos Gómez

    2012-01-01

    Full Text Available El traumatismo ocular, independientemente de la lateralidad, es considerado una de las entidades nosológicas frecuentes que conllevan a una rehabilitación visual. Las causas que provocan un traumatismo ocular son variadas y dentro de estas, las agresiones con intención de provocar daños con secuelas son una de las más frecuentes. Este aspecto trae consigo todo un proceso médico-legal, donde los principios éticos por parte de los facultativos deben estar bien establecidos. Es objetivo de esta revisión incentivar el buen accionar ético de todos los oftalmólogos en cuanto a la atención de estos pacientes, así como enfatizar en el adecuado manejo medico-legal implícito en este tipo de afección.Ocular trauma, regardless of laterality, is considered one of the common diseases entities that implies visual rehabilitation. The causes of eye injuries are varied. Assaults with intent to cause damage are the most common. This issue involves a medical-legal process where the ethical principles of the physicians must be well established. The objective of our article was to encourage good ethical actions of all ophthalmologists and to emphasize the proper medical-legal management involved in this type of diseases.

  3. 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.

  4. Property and privacy paradigms of "marketable spit": an ethical and legal counterpart to blood?

    Science.gov (United States)

    Vernillo, Anthony Thomas; Wolpe, Paul Root

    2010-01-01

    Major advances in the testing of oral fluid (e.g., saliva) may lead to the diagnosis and treatment of previously undiagnosed conditions and may enable dentists to manage oral disease more effectively. Such use of another body fluid, blood, is already well established. Blood is a complex tissue that has been extensively researched and is now used for a wide variety of diagnostic tests. It is also regarded as a form of property with ethical and legal dimensions. If saliva is to fulfill a similar role, it should perhaps be granted those same protections. This paper advances the concept that saliva should be considered a form of property, possibly within personal biological materials law. The emerging potential for the development of marketable products from oral fluids raises the issue of protecting the research participant's ethical and legal rights. In particular, violation of privacy and genetic discrimination may arise from the testing of salivary DNA. Respect for autonomy requires that the clinician inform a patient or research participant about his or her rights to property and privacy as these may pertain to oral fluid.

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

    Science.gov (United States)

    Furukawa, Toshiharu; Kitagawa, Yuko

    2010-10-01

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

  6. Rhetoric by Avistotel: a Legal View

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2015-01-01

    Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.

  7. 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.

  8. 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.

  9. 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...

  10. Legal standards concerning health and ecological implications of radioactively contaminated environments

    International Nuclear Information System (INIS)

    Dorian, T.F.

    1991-01-01

    The author decided to explore legal standards in this paper because they are to only norms but also representations or levels of requirements, excellence or attainment. They thus present a way to look at things, to measure them against others, and to set goals for them. In other words, legal standards, whether in legislation are a part of agency requirements, set goals for getting the job done and then can be used as measures about whether or not it is getting done right. When dealing with the multifaceted problems before us, it is important to put it into perspective. We need to look at it from many points of view but with a stable focus-just as one looks through a microscope or a telescope with different magnifications and fields of vision. To have a point of vie, however, both the experts and the general public need to have some way to judge issues. One way they can do so is to use legal standards

  11. Safety of nuclear fuel cycle facilities. Safety requirements

    International Nuclear Information System (INIS)

    2008-01-01

    This publication covers the broad scope of requirements for fuel cycle facilities that, in light of the experience and present state of technology, must be satisfied to ensure safety for the lifetime of the facility. Topics of specific reference include aspects of nuclear fuel generation, storage, reprocessing and disposal. Contents: 1. Introduction; 2. The safety objective, concepts and safety principles; 3. Legal framework and regulatory supervision; 4. The management system and verification of safety; 5. Siting of the facility; 6. Design of the facility; 7. Construction of the facility; 8. Commissioning of the facility; 9. Operation of the facility; 10. Decommissioning of the facility; Appendix I: Requirements specific to uranium fuel fabrication facilities; Appendix II: Requirements specific to mixed oxide fuel fabrication facilities; Appendix III: Requirements specific to conversion facilities and enrichment facilities

  12. 30 CFR 250.518 - What are the requirements for casing pressure management?

    Science.gov (United States)

    2010-07-01

    ... Operations Casing Pressure Management § 250.518 What are the requirements for casing pressure management... 30 Mineral Resources 2 2010-07-01 2010-07-01 false What are the requirements for casing pressure management? 250.518 Section 250.518 Mineral Resources MINERALS MANAGEMENT SERVICE, DEPARTMENT OF THE INTERIOR...

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

    Science.gov (United States)

    Grumet, Barbara Ruhe

    1979-01-01

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

  14. Identifying and Managing Engineering Design Requirements for Emerging Markets

    DEFF Research Database (Denmark)

    Li, Xuemeng

    , especially for those companies originally from developed markets, to acquire an in-depth understanding of particular design requirements in emerging markets in order to adapt both company products and approaches in such contexts. Prior studies on the identification and management of design requirements have...... predominantly been conducted in the context of developed countries and relatively affluent markets. Emerging markets are distinct from developed markets in terms of numerous contextual factors, e.g., regulatory environments and competitive landscapes. These factors influence the requirement identification...... attention. There is a need for an overview of different perspectives in requirement identification for manufacturing companies and their corresponding assessments in the context of emerging markets. Therefore, this research project is motivated to 1) investigate the process of identifying and managing...

  15. 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

  16. Finding legal information a guide to print and electronic sources

    CERN Document Server

    Pester, David

    2003-01-01

    Given the vast amount of legal information available, it is sometimes very difficult - and certainly very time consuming - to know where to start looking for the specific information you require. This book, covering the most up-to-date information sources (printed and electronic), helps guide the reader towards the information they need. It is an accessible and easy-to-use directory of legal information sources for librarians, lawyers, students and anyone needing legal information. The book covers mainly British and European Union law and includes general material and the main subject areas, including online and internet sources. It also lists reference material, such as legal dictionaries and directories. The book is essentially a directory of information sources, with publishing details (including ISBN), and short comments where useful. Electronic sources are mentioned where relevant, with details of scope and any limitations of coverage. Comprehensive and up-to-date (covering electronic sources and importa...

  17. Civilian Radioactive Waste Management System Requirements Document (CRP)

    International Nuclear Information System (INIS)

    C.A. Kouts

    2006-01-01

    The CRD addresses the requirements of Department of Energy (DOE) Order 413.3-Change 1, ''Program and Project Management for the Acquisition of Capital Assets'', by providing the Secretarial Acquisition Executive (Level 0) scope baseline and the Program-level (Level 1) technical baseline. The Secretarial Acquisition Executive approves the Office of Civilian Radioactive Waste Management's (OCRWM) critical decisions and changes against the Level 0 baseline; and in turn, the OCRWM Director approves all changes against the Level 1 baseline. This baseline establishes the top-level technical scope of the CRMWS and its three system elements, as described in section 1.3.2. The organizations responsible for design, development, and operation of system elements described in this document must therefore prepare subordinate project-level documents that are consistent with the CRD. Changes to requirements will be managed in accordance with established change and configuration control procedures. The CRD establishes requirements for the design, development, and operation of the CRWMS. It specifically addresses the top-level governing laws and regulations (e.g., ''Nuclear Waste Policy Act'' (NWPA), 10 Code of Federal Regulations (CFR) Part 63, 10 CFR Part 71, etc.) along with specific policy, performance requirements, interface requirements, and system architecture. The CRD shall be used as a vehicle to incorporate specific changes in technical scope or performance requirements that may have significant program implications. Such may include changes to the program mission, changes to operational capability, and high visibility stakeholder issues. The CRD uses a systems approach to: (1) identify key functions that the CRWMS must perform, (2) allocate top-level requirements derived from statutory, regulatory, and programmatic sources, and (3) define the basic elements of the system architecture and operational concept. Project-level documents address CRD requirements by further

  18. 7 CFR 91.39 - Premium hourly fee rates for overtime and legal holiday service.

    Science.gov (United States)

    2010-01-01

    ... legal holidays or what constitutes overtime service at a particular Science and Technology laboratory is... Premium hourly fee rates for overtime and legal holiday service. (a) When analytical testing in a Science... overtime work. When analytical testing in a Science and Technology facility requires the services of...

  19. Aharon Barak’s Legal Ideology in the Context of European Constitutionalism

    Directory of Open Access Journals (Sweden)

    Bieliauskaitė Jolanta

    2017-06-01

    Full Text Available The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support.

  20. Legal and ethical issues in robotic surgery.

    Science.gov (United States)

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

    2010-02-01

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

  1. Application of ionizing radiation sources to medicine. Civil-legal aspect

    International Nuclear Information System (INIS)

    Golikov, V.Ya.; Zel'din, A.L.

    1990-01-01

    Civil-legal aspect of using ionizing radiation sources (IRS) in medicine was investigated. It is shown that IRS are sources of great danger. Application of medical procedures with the use of IRS requires the ofligatory agreement of a patient or his legal representatives. Concealment of doses, received by patients, prohibition of issuing dose cards complicate dose load accounting and are considered as unlawful. Legal evaluation of IRS harmfulness is difficult, because delayed radiation effects are manifested after long periods of time. Application of IRS procedures is lawful when other methods of diagnosis and therapy can't be applied. The use of methods and equipment, which don't result to minimal radiation doses, should be considered as unlawful. Standards, regulating the order of IRS procedures, should be revised

  2. Translating Legal Collocations in Contract Agreements by Iraqi EFL Students-Translators

    Directory of Open Access Journals (Sweden)

    Muntaha A. Abdulwahid

    2017-01-01

    Full Text Available Legal translation of contract agreements is a challenge to translators as it involves combining the literary translation with the technical terminological precision. In translating legal contract agreements, a legal translator must utilize the lexical or syntactic precision and, more importantly, the pragmatic awareness of the context. This will guarantee an overall communicative process and avoid inconsistency in legal translation. However, the inability of the translator to meet these two functions in translating the contract item not only affects the contractors’ comprehension of the contract item but also affects the parties’ contractual obligations. In light of this, the purpose of this study was to find out how legal collocations used in contract agreements are translated from Arabic into English by student-translators in terms of (1 purely technical, (2 semi-technical, and (3 everyday vocabulary collocations. For the data collection, a multiple-choice collocation test was used to be answered by 35 EFL Iraqi undergraduate translator-students to decide on the aspects of weaknesses and strengths of their translation, thus decide on the aspects of correction. The findings showed that these students had serious problems in translating legal collocations as they lack the linguistic knowledge and pragmatic awareness needed to achieve the legal meaning and effect. They were also unable to make a difference among the three categories of legal collocations, purely technical, semi-technical, and everyday vocabulary collocations. These students should be exposed to more legal translation practices to obtain the required experience needed for their future career.

  3. University energy management improvement on basis of standards and digital technologies

    Directory of Open Access Journals (Sweden)

    Novikova Olga

    2018-01-01

    Full Text Available Nowadays to implement the energy management system it is important to fulfill not only the legal requirements but also to follow the set of recommendations prepared by international and national management standards. The purpose of this article is to prepare the concept and methodology for the optimization and improvement of the energy management system (EMS for Universities with implementation of legal requirements and recommendations from international and national management standards with the help of digital technologies. During the research the systematic analysis, complex approach, logical sampling and analogy were used. It is shown that this process should be done with the help of the process-based approach, in accordance with ISO 9001, and energy management ISO 50001. The authors developed the structure of the basic standard of energy management: "Guidelines for the energy management system". It is proved that the involvement of the technical senior students in the project of EMS improvement allows to expand their competencies for new technics and technologies. Cloud service Bitrix24 was chosen for IT-support of the project. During the study, a list of characteristics was used as a basis for creating a query to the technology department of the university. DBMS Microsoft Access was chosen for its creation. In addition, the possible results of initiating a single database containing all the information needed for accounting and control of energy supply were listed. Moreover, the possibility of automated energy management system implementation and its results were considered. The required actions described in this research can be implemented in any University, that will extend energy management to any University worldwide.

  4. Legality, legitimacy and formal and informal decision-making processes: when does a decision become legitimate?

    International Nuclear Information System (INIS)

    Zwetkoff, C.

    2004-01-01

    A few words on the purpose of this paper are given by way of introduction. A brief analysis will be made of the relationship between legality and legitimacy in relation to decision-making processes and within the context of the policies concerning the public management of technological risks. The aim is to raise questions and outline some reflections based on the theory of the state, from the perspective of the conditions of the institutionalization of power. I shall first clarify a few conceptual points. The notion of legality refers to the notion of compliance with legal standards, that is to say, with the law. Is the decision made by a person empowered by law so do to (legal competence)? Is it taken in compliance with legal procedure? And are the effects implicitly in keeping with the spirit of the law? The legitimacy of the power of those who govern, or the legitimacy of their decisions, is not determined solely by legal standards but rather, is a matter of individual and social representation or view. As Hobbes says, in essence, to govern is to convince: to convince people of the rightfulness of the source of the power of those who govern and of the action or public policies that they formulate. The paper is organised around three propositions: 1. The role of the legitimacy or social acceptability of public policies has always been an element of the way all political systems function. This role, however, occupies an increasingly important place on the political agenda in a societal decision-making context that has undergone irreversible changes. 2. Although the essence of the social legitimacy of public policies remains the same, the conditions, mechanisms and criteria evolve. 3. The critical centrality of social legitimacy, together with the evolution of the criteria for legitimate decision, today modify the decision-making mechanisms that were established in response to the requirements of classical democracy. We observe a political organisation i n the

  5. Exploring UK medical and social work students' legal literacy: comparisons, contrasts and implications.

    Science.gov (United States)

    Preston-Shoot, Michael; McKimm, Judy

    2013-05-01

    To ensure acceptable practice standards both doctors and social workers should draw on relevant legal rules when reaching professional judgements concerning, for instance, children requiring protection, people with severe mental distress and adults at risk, information sharing, consent to intervention and service user involvement in their care and treatment. Many practitioners use the law to maintain high standards of professionalism. However, research has uncovered limited awareness of legal rules and poor standards of health and social care. Academic benchmarks and practice requirements for health and social care professions centrally position legal knowledge for secure decision-making. Model curricula exist. However, the outcomes of the taught curriculum on students' confidence in their legal knowledge and skills have been relatively overlooked. This article introduces the concept of legal literacy, a distillation of knowledge, understanding, skills and values that enables practitioners to connect relevant legal rules with their professional practice, to appreciate the roles and duties of other practitioners and to communicate effectively across organisational boundaries. It presents the outcomes for a 2006-2009 study of 1154 UK medical and 638 social work students of their law learning for practice, response rates of 46% and 68%. Significant differences were found between medical and social work students' attitudes towards the law, and in their self-ratings of legal knowledge and skills. Confidence levels were low and anxiety high, especially among medical students, although law teaching had some positive outcomes on knowledge and skill development. Social work and medical students associated different themes with the law, the latter especially foregrounding ethics, negligence and liability, which could affect inter-professional working. Students are not fully prepared for legally literate practice, with a consequent need to review the time allocated for, and

  6. Environmental management requirements/defensible costs project. Final report

    International Nuclear Information System (INIS)

    1996-02-01

    Lockheed Idaho Technologies Company (LITCO) used a systems engineering approach to develop the first formal requirements baseline for Idaho National Engineering Laboratory (INEL) Environmental Management (EM) Programs. The recently signed Settlement Agreement with the State of Idaho (Batt Agreement), along with dramatically reduced EM funding targets from Department of Energy (DOE) headquarters, drove the immediacy of this effort. Programs have linked top-level requirements to work scope to cost estimates. All EM work, grouped by decision units, was scrubbed by INEL EM programs and by an independent open-quotes Murder Board.close quotes Direct participation of upper level management from LITCO and the DOE-Idaho Operations Office ensured best information and decisions. The result is a scrubbed down, defensible budget tied to top-level requirements for use in the upcoming DOE-Headquarters' budget workout, the Internal Review Board, the FY98 Activity Data Sheets submittal, and preparation of the FY97 control accounts and out-year plans. In addition to the remarkable accomplishments during the past eight weeks, major issues were identified and documented and follow-on tasks are underway which will lead to further improvements in INEL EM program management

  7. Environmental management requirements/defensible costs project. Final report

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-02-01

    Lockheed Idaho Technologies Company (LITCO) used a systems engineering approach to develop the first formal requirements baseline for Idaho National Engineering Laboratory (INEL) Environmental Management (EM) Programs. The recently signed Settlement Agreement with the State of Idaho (Batt Agreement), along with dramatically reduced EM funding targets from Department of Energy (DOE) headquarters, drove the immediacy of this effort. Programs have linked top-level requirements to work scope to cost estimates. All EM work, grouped by decision units, was scrubbed by INEL EM programs and by an independent {open_quotes}Murder Board.{close_quotes} Direct participation of upper level management from LITCO and the DOE-Idaho Operations Office ensured best information and decisions. The result is a scrubbed down, defensible budget tied to top-level requirements for use in the upcoming DOE-Headquarters` budget workout, the Internal Review Board, the FY98 Activity Data Sheets submittal, and preparation of the FY97 control accounts and out-year plans. In addition to the remarkable accomplishments during the past eight weeks, major issues were identified and documented and follow-on tasks are underway which will lead to further improvements in INEL EM program management.

  8. STEEL BARRIER: LEGAL IMPLICATIONS FROM A GENDER EQUAL OPPORTUNITY PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    María Bastida

    2015-01-01

    Full Text Available In recent decades, legal Acts, norms, and regulations have proliferated in order to ensure equal opportunities for women and men in multiple contexts, including public and private organizations. Nevertheless, there is sufficient evidence to suggest that, to date, real and legal equality do not match. The current context of the global economy suggests that there may now be a new barrier, related to the fact that women have been partially excluded from positions abroad which would facilitate the acquisition of professional and personal skills which are essential in the present century. This new inequality in access to senior management seems to be in contradiction with the different pressures and initiatives put in place to achieve equality of opportunities between women and men, protected in our national and international laws. In this paper, the main causes excluding women from international assignments, and consequently from senior management, are reviewed, highlighting the motivational and legal aftereffects that this trend may have. En las últimas décadas han proliferado diversas disposiciones legales y normativas con el objetivo de garantizar la igualdad de oportunidades entre mujeres y hombres en múltiples contextos, entre ellos el que atañe a las organizaciones públicas y privadas. Pese a ello, existe suficiente evidencia de que la igualdad real no se acerca, hasta la fecha, a la legal. El contexto actual de economía globalizada sugiere que puede aparecer una nueva barrera, al quedar la mujer excluida parcialmente de puestos en el extranjero que le facilitan la adquisición de capacidades profesionales y personales imprescindibles en el siglo actual. Esta nueva desigualdad en el acceso a puestos de alta dirección no parece responder a las distintas presiones e iniciativas por conseguir la igualdad de oportunidades entre hombres y mujeres, protegida en nuestro ordenamiento jurídico nacional e internacional. En este trabajo revisamos

  9. Legal and judicial perspectives on the disposal of high-level nuclear waste

    International Nuclear Information System (INIS)

    Muntzing, L.M.

    1985-01-01

    Nuclear Waste Policy Act of 1982 creates a maze of legal requirements that are complex and subject to differing interpretations. The intervention of the courts should be anticipated as varying interests dispute the correct path through the maze to high-level waste disposal. A significant number of legal issues and unsettled questions exist that will need to be resolved. The challenge will be to minimize the delays that legal conflicts can produce. This can be helped by resolving uncertainties and conflicts early before they are on the critical path or negotiating resolutions, normally a difficult and costly endeavor

  10. Hanford Tanks Initiative requirements and document management process guide

    International Nuclear Information System (INIS)

    Schaus, P.S.

    1998-01-01

    This revision of the guide provides updated references to project management level Program Management and Assessment Configuration Management activities, and provides working level directions for submitting requirements and project documentation related to the Hanford Tanks Initiative (HTI) project. This includes documents and information created by HTI, as well as non-HTI generated materials submitted to the project

  11. Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

    OpenAIRE

    Prahassacitta, Vidya

    2017-01-01

    Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues...

  12. Mental Health Nursing, Mechanical Restraint Measures and Patients’ Legal Rights

    DEFF Research Database (Denmark)

    Birkeland, Søren; Gildberg, Frederik Alkier

    2016-01-01

    Abstract: Coercive mechanical restraint (MR) in psychiatry constitute the perhaps most important exception from the common health law requirement for involving patients in health care decisions and achieving their informed consent prior to treatment. Coercive measures and particularly MR constitute...... a serious collision with patient autonomy principles, pose a particular challenge to psychiatric patients’ legal rights, and put intensified demands on health professional performance. Legal rights principles require rationale for coercive measure use be thoroughly considered and rigorously documented....... This article presents an in-principle Danish Psychiatric Complaint Board decision concerning MR use initiated by untrained staff. The case illustrates that, judicially, weight must be put on the patient perspective on course of happenings and especially when health professional documentation is scant, patients...

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

    Science.gov (United States)

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

    2018-01-01

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

  14. A Model-Based Framework for Legal Policy Simulation and Compliance Checking

    OpenAIRE

    Soltana, Ghanem

    2017-01-01

    Information systems implementing requirements from laws and regulations, such as taxes and social benefits, need to be thoroughly verified to demonstrate their compliance. Several Verification and Validation (V&V) techniques, such as reliability testing, and modeling and simulation, can be used for assessing that such systems meet their legal. Typically, one has to model the expected (legal) behavior of the system in a form that can be executed (simulated), subject the resulting models and th...

  15. 76 FR 16588 - Risk Management Requirements for Derivatives Clearing Organizations; Correction

    Science.gov (United States)

    2011-03-24

    ... COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 39 RIN 3038-AC98 Risk Management Requirements for Derivatives Clearing Organizations; Correction AGENCY: Commodity Futures Trading Commission. ACTION: Notice of... Register of January 20, 2011, regarding Risk Management Requirements for Derivatives Clearing Organizations...

  16. Seaway Information System Management and Control Requirements

    Science.gov (United States)

    1973-10-01

    This report examines in detail the control and information system requirements of the St. Lawrence Seaway development program in terms of the needs of the vessel traffic controllers and the management users. Structural control models of Seaway operat...

  17. Legal dimensions of power in the dental office.

    Science.gov (United States)

    Van Dermyden, Sue Ann; Sperry, Alex

    2013-01-01

    Hostile workplace environments and sexual harassment depend on unequal power. It is the legal responsibility of the employer (the dentist practice owner) to protect against, investigate, and take appropriate action to prevent the abuse of power in the office. This article discusses harassment by dentists, staff members, and patient, vendors, and other third parties. Six direct steps for managing this issue are presented.

  18. Formation of ecological and legal science: resource aspect and its integration problems

    Directory of Open Access Journals (Sweden)

    А. П. Гетьман

    2016-04-01

    Full Text Available Problem setting. Social and environmental issues of waste management facing society relatively recently, but showed a tendency to expand and deepen, which in turn caused the necessity of formation of effective policy in this area. Recent research and publications analysis. Some aspects of the present stage of the formation of environmental law and its relationship to nature and resources law, structural and systemic connections was studied by various researchers in the context of environmental policy and legislation analysis, regulation of wildlife relationships, expanding the scope of regulation of resource. In particular, they can mark out V. Andreytsev, A. Getman, M. Krasnova, N. Malisheva and others. However, comprehensive studies of this policy is currently not available. Paper objective. The purpose of the article is a theoretical analysis of the current state of environmental law, the formation of the next stage of development of natural resource relationships, their expansion and transformation into a resource (ecologic and resource in order to adequately respond to the differentiation and complexity of structural and systemic linkages. Paper main body. The development and dynamics of the environmental, natural resources legislation is largely driven by global and European processes and requires constant updating in order to overcome gaps, timely and adequate response to contemporary challenges, changes in value paradigms and so forth. One of these problems is the development of traditional branches of law and directions research that, in turn, raises the question of substantive content, structural and systemic links of these areas of law. Any delay in the establishment of the theoretical and methodological and scientific and legal framework for a new legal phenomena in the framework of ecological and legal science creates the preconditions for the expansion of research not only to them but also in relation to the already well

  19. Minimum quality requirements for water reuse in agricultural irrigation and aquifer recharge - Towards a water reuse regulatory instrument at EU level Réédition

    OpenAIRE

    ALCALDE SANZ LAURA; GAWLIK BERND

    2017-01-01

    As an input to the design of a Legal Instrument on Water Reuse in Europe, this report recommends minimum quality requirements for water reuse in agricultural irrigation and aquifer recharge based on a risk management approach.

  20. TOPSEAL '96. Demonstrating the practical achievements of nuclear waste management and disposal - Transactions Vol.II: Poster Papers

    International Nuclear Information System (INIS)

    1996-01-01

    Posters have been presented in the 5 plenary sessions on: Existing facilities and operating experiences; Optimization strategies in radwaste management; Planning for future repositories; Underground laboratories; Legal and regulatory requirements - implementation and compliance

  1. Forest carbon trading : legal, policy, ecological and aboriginal issues

    International Nuclear Information System (INIS)

    Elgie, S.

    2005-01-01

    Canada's forest ecosystems store 88 billion tonnes of carbon, with trees alone storing 13 billion tonnes, twice the global annual carbon emissions. Carbon trading could affect forest management. Certain types of forest carbon project will offer cost-effective carbon sequestration options. This paper addresses current concerns about forest carbon trading such as phony carbon gains, biodiversity impact and increased fossil fuel emissions. Statistics were presented with information on global carbon stocks. The Kyoto Protocol requires that Canada must count all changes in forest carbon stocks resulting from afforestation, reforestation or deforestation, and that Canada has the option of counting carbon stock changes from forest management. The decision must be made by 2006, and considerations are whether to present projected net source or sink, or whether to count current commercially managed areas or all timber productive areas. An outline of federal constitutional authority power regarding Kyoto was presented, including limits and risks of trade and treaty powers. The economics of forest carbon were outlined with reference to increasing forest carbon storage. A two-pronged approach was advised, with avoided logging and plantation and intensive management securing carbon and timber benefits. Examples of pre-Kyoto pilots were presented, including the SaskPower project, the Little Red River Cree project and the Labrador Innu project. The disadvantages of offset trading were presented. It was concluded that forest carbon markets are part of a larger vision for sustainable development in Canada's north, especially for aboriginal peoples, and may indicate a growing market for ecological services. Constitutional limits to federal power to regulate carbon trading are not insurmountable, but require care. Ownerships of forest carbon rights raises important policy and legal issues, including aboriginal right, efficiency and equity. An estimated cost of forest carbon projects

  2. 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

  3. Disparate stakeholder management: the case of elk and bison feeding in southern Greater Yellowstone

    Science.gov (United States)

    Koontz, Lynne; Hoag, Dana; DeLong, Don

    2012-01-01

    For resource decisions to make the most possible progress toward achieving agency mandates, managers must work with stakeholders and may need to at least partially accommodate some of their key underlying interests. To accommodate stakeholder interests, while also substantively working toward fulfilling legal mandates, managers must understand the sociopolitical factors that influence the decision-making process. We coin the phrase disparate stakeholder management (DSM) to describe situations with disparate stakeholders and disparate management solutions. A DSM approach (DSMA) requires decision makers to combine concepts from many sciences, thus releasing them from disciplinary bonds that often constrain innovation and effectiveness. We combined three distinct approaches to develop a DSMA that assisted in developing a comprehensive range of elk and bison management alternatives in the Southern Greater Yellowstone Area. The DSMA illustrated the extent of compromise between meeting legal agency mandates and accommodating the preferences of certain stakeholder groups.

  4. Predisposal Management of Radioactive Waste. General Safety Requirements Pt. 5

    International Nuclear Information System (INIS)

    2010-01-01

    There are a large number of facilities and activities around the world in which radioactive material is produced, handled and stored. This Safety Requirements publication presents international consensus requirements for the management of radioactive waste prior to its disposal. It provides the safety imperatives on the basis of which facilities can be designed, operated and regulated. The publication is supported by a number of Safety Guides that provide up to date recommendations and guidance on best practices for management of particular types of radioactive waste, for storage of radioactive waste, for assuring safety by developing safety cases and supporting safety assessments, and for applying appropriate management systems. Contents: 1. Introduction; 2. Protection of human health and the environment; 3. Responsibilities associated with the predisposal management of radioactive waste; 4. Steps in the predisposal management of radioactive waste; 5. Development and operation of predisposal radioactive waste management facilities and activities; Annex: Predisposal management of radioactive waste and the fundamental safety principles.

  5. Predisposal Management of Radioactive Waste. General Safety Requirements Pt. 5

    International Nuclear Information System (INIS)

    2009-01-01

    There are a large number of facilities and activities around the world in which radioactive material is produced, handled and stored. This Safety Requirements publication presents international consensus requirements for the management of radioactive waste prior to its disposal. It provides the safety imperatives on the basis of which facilities can be designed, operated and regulated. The publication is supported by a number of Safety Guides that provide up to date recommendations and guidance on best practices for management of particular types of radioactive waste, for storage of radioactive waste, for assuring safety by developing safety cases and supporting safety assessments, and for applying appropriate management systems. Contents: 1. Introduction; 2. Protection of human health and the environment; 3. Responsibilities associated with the predisposal management of radioactive waste; 4. Steps in the predisposal management of radioactive waste; 5. Development and operation of predisposal radioactive waste management facilities and activities; Annex: Predisposal management of radioactive waste and the fundamental safety principles.

  6. Functional Requirements for Onboard Management of Space Shuttle Consumables. Volume 2

    Science.gov (United States)

    Graf, P. J.; Herwig, H. A.; Neel, L. W.

    1973-01-01

    This report documents the results of the study "Functional Requirements for Onboard Management of Space Shuttle Consumables." The study was conducted for the Mission Planning and Analysis Division of the NASA Lyndon B. Johnson Space Center, Houston, Texas, between 3 July 1972 and 16 November 1973. The overall study program objective was two-fold. The first objective was to define a generalized consumable management concept which is applicable to advanced spacecraft. The second objective was to develop a specific consumables management concept for the Space Shuttle vehicle and to generate the functional requirements for the onboard portion of that concept. Consumables management is the process of controlling or influencing the usage of expendable materials involved in vehicle subsystem operation. The report consists of two volumes. Volume I presents a description of the study activities related to general approaches for developing consumable management, concepts for advanced spacecraft applications, and functional requirements for a Shuttle consumables management concept. Volume II presents a detailed description of the onboard consumables management concept proposed for use on the Space Shuttle.

  7. Renewable energies in the Brazilian legal system: a constitutional vision; As energias renovaveis no ordenamento juridico brasileiro: uma visao constitucional

    Energy Technology Data Exchange (ETDEWEB)

    Lanzillo, Anderson Souza da Silva; Xavier, Yanko Marcius de Alencar [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2009-08-15

    The focus of this article is the inclusion of renewable energy in Brazil under the legal institutional aspect from the Brazilian Constitution of 1988. The legal perspective, set up three central pillars of questions: what questions the renewable energy in Brazil put in the legal treatment of the theme? What constitutional legal instruments for the management of renewable energy? Which legal instruments that would be recommended, as policy instruments, for the inclusion of renewable energy in Brazil? With these questions, we will develop the argument of the text.

  8. Identifying environmental safety and health requirements for an Environmental Restoration Management Contractor

    International Nuclear Information System (INIS)

    Beckman, W.H.; Cossel, S.C.; Alhadeff, N.; Lindamood, S.B.; Beers, J.A.

    1993-10-01

    The purpose of the Standards/Requirements Identification Program, developed partially in response to the Defense Nuclear Facilities Safety Board Recommendation 90-2, was to identify applicable requirements that established the Environmental Restoration Management Contractor's (ERMC) responsibilities and authorities under the Environmental Restoration Management Contract, determine the adequacy of these requirements, ascertain a baseline level of compliance with them, and implement a maintenance program that would keep the program current as requirements or compliance levels change. The resultant Standards/Requirements Identification Documents (S/RIDs) consolidate the applicable requirements. These documents govern the development of procedures and manuals to ensure compliance with the requirements. Twenty-four such documents, corresponding with each functional area identified at the site, are to be issued. These requirements are included in the contractor's management plan

  9. Sceptical remarks on the 'open' legal concept

    International Nuclear Information System (INIS)

    Sendler, H.

    1987-01-01

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

  10. [Legal aspects and the treatment procedure of gender dysphoria in Hungary].

    Science.gov (United States)

    Kórász, Krisztián

    2015-07-26

    The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper.

  11. Urban air quality management and information systems in Europe: legal framework and information access

    International Nuclear Information System (INIS)

    Karatzas, K.; Moussiopoulos, N.

    2000-01-01

    The European Union (EU) legislative framework related to air quality, together with national legislation and relevant declarations of the United Nations (UN), requires an integrated approach concerning air quality management (AQM), and accessibility of related information for the citizens. In the present paper, the main requirements of this legislative framework are discussed and main air quality management and information system characteristics are drawn. The use of information technologies is recommended for the construction of such systems. The World Wide Web (WWW) is considered a suitable platform for system development and integration and at the same time as a medium for communication and information dissemination. (author)

  12. Urban air quality management and information systems in Europe: legal framework and information access

    Energy Technology Data Exchange (ETDEWEB)

    Karatzas, K.; Moussiopoulos, N. [Aristotle University of Thessaloniki (Greece). Department of Mechanical Engineering, Laboratory of Heat Transfer and Environmental Engineering

    2000-06-01

    The European Union (EU) legislative framework related to air quality, together with national legislation and relevant declarations of the United Nations (UN), requires an integrated approach concerning air quality management (AQM), and accessibility of related information for the citizens. In the present paper, the main requirements of this legislative framework are discussed and main air quality management and information system characteristics are drawn. The use of information technologies is recommended for the construction of such systems. The World Wide Web (WWW) is considered a suitable platform for system development and integration and at the same time as a medium for communication and information dissemination. (author)

  13. FOOD QUALITY MANAGEMENT AND SAFETY

    OpenAIRE

    Rizwana Khatoon; Debkumar Chakraborty; R.C. Chandni; Amar Sankar; A.V. Raghu

    2017-01-01

    Food safety system mainly focuses on identifying and preventing hazards that may lead product to deteriorate. The main important of manufacturing practice is a system that ensures that products meet food safety, quality and legal requirements. The hazard analysis and critical control point system, applies to food safety management, uses the approach of controlling critical points in food handling to prevent food safety problems. Besides enhancing food safety, other benefits of applying HACCP ...

  14. Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

    Directory of Open Access Journals (Sweden)

    Vidya Prahassacitta

    2017-01-01

    Full Text Available Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues. Using secondary data from literature study and observation on several cyber media websites, this discovers two conclusions. First, the citizen journalist is part of freedom of the press; it means that a citizen journalist’s creation has protected form censor and bans. However, a citizen journalist still has a limitation which shall be complied videlicet Civil Code and Law No. 11 The year 2008 concerning Information and Electronic Transaction. Violation of both regulations means that a citizen journalist shall be legally responsible. Second, protection and responsibility border between a citizen journalist and press company are based on an agreement. Approval of term and condition of general user content in a website from a citizen journalist means that both parties have agreed to enter into an agreement. A press company might be freed of its legal responsibility as long as conducted its obligation to control and manage contents that have been uploaded and published by a citizen journalist. If the company does not take proportional action against citizen journalist’ contents that violating the law, the press company shall be requested its civil or criminal legal responsibility.

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

    Energy Technology Data Exchange (ETDEWEB)

    Giesselmann, Matthias

    2016-07-01

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

  16. 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…

  17. 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...

  18. 40 CFR 63.11495 - What are the management practices and other requirements?

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 14 2010-07-01 2010-07-01 false What are the management practices and... Area Sources Standards and Compliance Requirements § 63.11495 What are the management practices and other requirements? (a) Management practices. If you have a CMPU subject to this subpart, you must...

  19. 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

  20. Legal study on water environmental protection of Three Gorges Reservoir Area

    Institute of Scientific and Technical Information of China (English)

    DENG He

    2007-01-01

    Water environment security of the Three Gorges Reservoir Area has become a more extensive concern since the impoundment of the reservoir. This paper describes the existing water environmental hazards and defects in current legal system for water environmental protection in this area, and also discusses their possible causes and potential problems in the future based on first hand materials and other literature. According to the theories of integrated river basin management and environmental equity principle, legal proposals are put forward, which include building an unitary legal system dedicated to the Reservoir Area, setting up a basin authority of the Yangtze River to preside over the resources protection and development, using interests' compensation system to solve interest conflicts among different reaches, and making concrete regulations to direct public participation in water environmental security protection of the Three Gorges Reservoir Area.

  1. Legal features of the drug advertising.

    Science.gov (United States)

    Pashkov, Vitalii M; Olefir, Andrii A; Bytyak, Oleksiy Y

    In the article discribed current trends of advertising in the pharmaceutical market and foreign experience of legal regulation of these relations. As for the advertising of medicines identified it's symptoms, types, basic rules and prohibitions. Modern pharmaceutical companies can not successfully carry out economic activities without advertising. Besides we can mention some fundamental changes in society (information overload, universal access to internet, social media, freedom of movement of goods, labor and finance), also self-medication becomes more popular. At the same time, the number of deaths after improper and uncontrolled use of drugs ranks fifth in the world among the causes of death. Investigate current trends of advertising on the pharmaceutical market, find advertising signs, basic restrictions and prohibitions on advertising of medicines, as well as foreign experience of legal regulation of these relations. Despite the fact that pharmaceutical advertising were studied by such scholars as M. Abraham, L. Bradley, C. Dunn, J. Donoh'yu, D. Castro, M. Lipski, K. Taylor and others, number of issues related features of drug advertising, remained without proper theoretical studies. Based on the analysis can come to the conclusion that advertising of medicinal products are the subject of special attention from the state. Drugs, unlike other products, are a group of specialized consumer products. Risks increase when patients under the influence of «aggressive» advertising resort to self-medication. If a complete ban on advertising of medicines is inappropriate, you should set stricter requirements for the content of advertising and product placement rules. That is, in the national legislation to implement regulatory requirements of Directive 2001/83 / EC. Legal regulation of drug advertising can be improved by such legal means: - should provide for a mechanism of public control over the observance of ethical standards in the advertising of medicinal products

  2. 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.

  3. Participatory Metalegal and Legal Processes for the Coastal Development Plan of Bolinao, Pangasinan

    Directory of Open Access Journals (Sweden)

    Wenceslao Asido Jr.

    2000-12-01

    Full Text Available The Coastal Development Plan that was passed into law as the Municipal Fisheries Ordinance of Bolinao, Pangasinan, is a concrete example of community participation in policy development. Among the effective metalegal strategies used during the evolution of the plan into an ordinance were the lobbies staged by the federation of people’s organizations (KAISAKA, the Municipal Fisheries and Aquatic Resources Management Council (MFARMC, and the Municipal Mayor. The capacity of various sectors to participate actively in the passage of the plan was enhanced through legal consultations and training provided by the Marine Fisheries Resources Management Project, in partnership with Tanggol Kalikasan, the legal arm of Haribon Foundation. The experience underscores the need for development projects to include the metalegal training of community constituents as a requisite for the latter to actively participate in the formulation of policies and laws for coastal resources management.

  4. 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.

  5. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Novoselova Lyudmila

    2018-01-01

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

  7. 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.

  8. Assistive Technology for Students with Disabilities: A Legal Analysis of Issues

    Science.gov (United States)

    Etscheidt, Susan Larson

    2016-01-01

    Individualized Education Program (IEP) teams are required by the Individuals with Disabilities Education Act (IDEA) to consider a student's need for assistive technology (AT). Despite this legal requirement, AT supports are often not available to students with disabilities. Many students with disabilities and their families have addressed the…

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

    Science.gov (United States)

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

    2017-08-01

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

  10. Leadership and Management for Safety. General Safety Requirements (Arabic Edition)

    International Nuclear Information System (INIS)

    2016-01-01

    This Safety Requirements publication establishes requirements that support Principle 3 of the Fundamental Safety Principles in relation to establishing, sustaining and continuously improving leadership and management for safety and an integrated management system. It emphasizes that leadership for safety, management for safety, an effective management system and a systemic approach (i.e. an approach in which interactions between technical, human and organizational factors are duly considered) are all essential to the specification and application of adequate safety measures and to the fostering of a strong safety culture. Leadership and an effective management system will integrate safety, health, environmental, security, quality, human-and-organizational factors, societal and economic elements. The management system will ensure the fostering of a strong safety culture, regular assessment of performance and the application of lessons from experience. The publication is intended for use by regulatory bodies, operating organizations and other organizations concerned with facilities and activities that give rise to radiation risks.

  11. Leadership and Management for Safety. General Safety Requirements (Chinese Edition)

    International Nuclear Information System (INIS)

    2016-01-01

    This Safety Requirements publication establishes requirements that support Principle 3 of the Fundamental Safety Principles in relation to establishing, sustaining and continuously improving leadership and management for safety and an integrated management system. It emphasizes that leadership for safety, management for safety, an effective management system and a systemic approach (i.e. an approach in which interactions between technical, human and organizational factors are duly considered) are all essential to the specification and application of adequate safety measures and to the fostering of a strong safety culture. Leadership and an effective management system will integrate safety, health, environmental, security, quality, human-and-organizational factors, societal and economic elements. The management system will ensure the fostering of a strong safety culture, regular assessment of performance and the application of lessons from experience. The publication is intended for use by regulatory bodies, operating organizations and other organizations concerned with facilities and activities that give rise to radiation risks.

  12. Leadership and Management for Safety. General Safety Requirements (French Edition)

    International Nuclear Information System (INIS)

    2016-01-01

    This Safety Requirements publication establishes requirements that support Principle 3 of the Fundamental Safety Principles in relation to establishing, sustaining and continuously improving leadership and management for safety and an integrated management system. It emphasizes that leadership for safety, management for safety, an effective management system and a systemic approach (i.e. an approach in which interactions between technical, human and organizational factors are duly considered) are all essential to the specification and application of adequate safety measures and to the fostering of a strong safety culture. Leadership and an effective management system will integrate safety, health, environmental, security, quality, human-and-organizational factors, societal and economic elements. The management system will ensure the fostering of a strong safety culture, regular assessment of performance and the application of lessons from experience. The publication is intended for use by regulatory bodies, operating organizations and other organizations concerned with facilities and activities that give rise to radiation risks.

  13. Leadership and Management for Safety. General Safety Requirements (Spanish Edition)

    International Nuclear Information System (INIS)

    2017-01-01

    his Safety Requirements publication establishes requirements that support Principle 3 of the Fundamental Safety Principles in relation to establishing, sustaining and continuously improving leadership and management for safety and an integrated management system. It emphasizes that leadership for safety, management for safety, an effective management system and a systemic approach (i.e. an approach in which interactions between technical, human and organizational factors are duly considered) are all essential to the specification and application of adequate safety measures and to the fostering of a strong safety culture. Leadership and an effective management system will integrate safety, health, environmental, security, quality, human-and-organizational factors, societal and economic elements. The management system will ensure the fostering of a strong safety culture, regular assessment of performance and the application of lessons from experience. The publication is intended for use by regulatory bodies, operating organizations and other organizations concerned with facilities and activities that give rise to radiation risks.

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

    Directory of Open Access Journals (Sweden)

    Matulewska Aleksandra

    2016-06-01

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

  15. Smart Contract Templates: essential requirements and design options

    OpenAIRE

    Clack, Christopher D.; Bakshi, Vikram A.; Braine, Lee

    2016-01-01

    Smart Contract Templates support legally-enforceable smart contracts, using operational parameters to connect legal agreements to standardised code. In this paper, we explore the design landscape of potential formats for storage and transmission of smart legal agreements. We identify essential requirements and describe a number of key design options, from which we envisage future development of standardised formats for defining and manipulating smart legal agreements. This provides a prelimin...

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

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2012-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2013-02-01

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

  18. 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.

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

    International Nuclear Information System (INIS)

    Metz, H.O.E.

    2002-01-01

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

  20. 12 CFR 652.15 - Interest rate risk management and requirements.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Interest rate risk management and requirements... AGRICULTURAL MORTGAGE CORPORATION FUNDING AND FISCAL AFFAIRS Investment Management § 652.15 Interest rate risk... (direction, controls, and supervision) to the interest rate risk management program and must be knowledgeable...

  1. Legal Instruments of Regulation of Development of Banking Activity in Ukraine

    Directory of Open Access Journals (Sweden)

    Senyshch Pavlo M.

    2014-03-01

    Full Text Available The article considers main approaches to identification of essence of legal instruments of regulation of development of the banking activity, identifies the mechanism of legal regulation of the banking activity and its elements and justifies the system and form of legal regulation of the banking activity in Ukraine. It describes subjects of legal regulation of the banking activity at the international level, which are the Basel Committee on Banking Supervision, European Central Bank, IMF, International Financial Reporting Standards Foundation and others. The article considers specific features of the regulatory requirements of Basel II and Basel III and specific features of their introduction into the banking activity. It describes anti-cyclic measures offered by the Basel Committee, which should facilitate formation of such conditions, under which the banking sector could have a lower level of leverage and stability with respect to influence of system risks. Significant attention is paid to international instruments of regulation of the banking activity, which include the following legal acts: Uniform Rules for Collections, Uniform Customs and Practice for Documentary Credits, and Unified Rules for Loan Guarantees. The article shows that the share of subordinate legal acts is significant in the Ukrainian system of banking regulatory and legal acts since the state cannot operatively react to the changing processes in banking at the legislative level and, that is why, basic provisions on carrying out banking activity should be fixed in law.

  2. Awareness of medico-legal issues among medical and dental college health professionals

    Directory of Open Access Journals (Sweden)

    S Senthilkumar

    2013-01-01

    Full Text Available Introduction: The changing doctor-patient relationship and commercialization of modem medical practice has affected the practice of medicine. The fundamental values of medicine insist that the doctors should be aware about the various medico-legal issues which help in proper recording of medical management details. Aim: To evaluate the knowledge on Medico-legal Issues among Medical and Dental College Health Professionals of Meenakshi University (MAHER, Tamilnadu. Materials & Method: A cross-sectional survey was conducted among health professionals of Meenakshi University (MAHER, Tamilnadu. A total o f320 health professionals (163 medical and 157 dental participated in the study. A structured, closed ended, self-administered questionnaire was used for collection of data. Chi-square test was used to compare the awareness of medico-legal issues between medical and dental health professionals. Results: Among the 320 health professionals, 87.4% of medical and 76.1% of dental professionals were aware about the informed consent, 18.8% of medical and 5.7% of dental professionals had awareness about COPRA and only 14.3% of medical and 7.6% of dental professionals had awareness regarding the Medico-legal programs/courses. Conclusions: The results illustrated that the participants had little awareness on medico-legal issues. Hence there is an urgent need to update the understanding of these issues to be on a legally safer side.

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

    Science.gov (United States)

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

    2015-01-01

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

  5. 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

  6. Implementation of the Environmental Management System in Radioactive Waste Management

    International Nuclear Information System (INIS)

    Fabjan, M.; Kralj, M.; Rojc, J.

    2008-01-01

    Agency for Radwaste Management (ARAO) is a public institution assigned to provide effective, safe and responsible management of all kinds of radioactive waste in Slovenia from the moment they arise to their final disposal. Therefore it holds an important role in environmental protection. Its main assignment is to provide conditions for permanent disposal of radioactive waste. It is also authorised to perform public service of radioactive waste management from small producers that includes: collection of the waste from small producers at the producers' premises, transportation to the storage facility, treatment, conditioning storage of RW from small producers; acceptance of radioactive waste in case of emergency situation (e.g. transport accidents); acceptance of radioactive waste in case of unknown producer; operation and management of Central Interim Storage of Radioactive Waste. The quality of ARAO performance in carrying out its mission is assured by implementing the environmental management system according to the standard ISO 14001:2004. Its effectiveness was confirmed by certification in October 2007. The ISO 14001:2004 certificate represents a permanent commitment of ARAO to implement and improve the environmental management system and to include environmental aspects in all its activities, especially in performing the public service. We developed own evaluation criteria for determination of relevant environmental impacts and aspects. ARAO has defined its environmental policy and objectives, it evaluates its environmental impacts yearly, and defines its environmental programmes that not only fulfil legal requirements but tend even to reduce the impacts below legally set levels. A very important environmental programme in the last few years was the reconstruction of the storage facility. Public information and communication programmes are considered to be important also from the environmental management point of view, because public shows great interest in

  7. MANAGEMENT OF MOROCCAN SOLID HARBOR WASTE: COMPARATIVE ANALYSIS AND RECOMMENDATIONS

    Directory of Open Access Journals (Sweden)

    chafia HAJJI

    2017-04-01

    Full Text Available Morocco's ports, key link in supply chains external trade is an important lever for economic and social development. Their performance depends on the competitiveness of the national economy, with 39 ports, in the past ten years; receive an average annual budget of 3 billion dirhams as investment. However, waste products in these ports (port operations, ship and cargo are a very relevant problem because of their quantity and diversity, which requires a set of integrated practices resulting from legal requirements and proactive initiatives. The main Moroccan law on solid waste management is recent (Law 28.00 / 2008 and the specific rules on solid waste in ports are poorly revised to meet the challenges following the expansion of the sector and to harmonize them with the global best practices. This article analyzes the current legal regulatory framework for solid waste management in Moroccan ports and compares this structure to practice in Europe. At the end, we propose initiatives to improve regulation of solid waste in Moroccan ports.

  8. Data requirements and maintenance of records for spent fuel management: A review

    International Nuclear Information System (INIS)

    2006-11-01

    Data collection and maintenance are an essential part of activities required in the lifetime management of spent fuel. Key data on spent fuel are required from the earliest phase of any project. To allow informed decisions for spent fuel management to be made, the data need to be maintained throughout the lifetime of spent fuel management including storage, transport, reprocessing or disposal. This publication is intended to provide a state-of-the-art review of spent fuel data management, including what data need to be gathered for the relevant activities in spent fuel management and how to maintain them by the responsible bodies at various stages of the nuclear fuel cycle. It provides some insights on a rational approach to spent fuel data management, considering the common requirements involved in spent fuel management for any Member State. In this regard, the information provided in these sections is mostly generic. After the introductory Section 1 and the Section 2 on data requirements for spent fuel management, Section 3 examines technical parameters that could specify spent fuel characteristics and associated conditions, followed by Section 4 on life cycle management of spent fuel data which includes the maintenance of records and other issues. Finally, some specific examples of the approaches already developed by a number of utilities and national organisations to characterise and track their spent-fuel data are presented in the Annex

  9. GREEN MANAGEMENT: THE REALITY OF BEING GREEN IN BUSINESS

    OpenAIRE

    Tran, Ben

    2009-01-01

    Green management and going green are not as clear cut and easy as hyped by the general media. While going ecologically green is indeed beneficial and appropriate, the process and procedure of becoming green is anything but easy. Firstly, turning green is largely not a legal requirement, but a voluntary process. Thus, even though LEED (which is by far the more publicly known green certification standard) governs the certification of the green management effort, it is not a compulsory condition...

  10. The Main Directions of Improving the Management of the Higher Education System

    Directory of Open Access Journals (Sweden)

    Terovanesov Mykhajlo R.

    2017-04-01

    Full Text Available The article is aimed at determining the mechanisms of improving the management of the system of higher education in the context of the current regulatory support, which will be the means to solve the problem of inefficient functioning, lack of financing, and low quality of higher education. The factors, causing negative impact on development of the higher education system were analyzed, the most important of which are the lack of financing and the shortcomings of the legal support of the education sector. It has been determined that a shortage of funds and lack of communication between the education sphere and employers reduces the efficiency of management of the system of higher education. The legal support of the educational activities requires improvement due to the declarative nature of individual provisions on the management of the system of higher education. Consideration of the legal factor is necessary for regulating the decentralization of management in the education sphere, improvement of financing, perfection of the system of control of the education quality. Ways for decentralizing the management of the education sphere, increasing its effectiveness, and improving the economic status of higher education institutions, have been suggested. The scientific-practical recommendations have been formulated to attract potential consumers of educational services to reforming the higher education system and increasing its effectiveness.

  11. Radiation Dosimetry Management: Quality Assurance and Investigations

    International Nuclear Information System (INIS)

    Perle, S.

    2001-01-01

    Full text: In a litigation-prone society, it is prudent for any business to evaluate its potential exposure to legal action, initiated by either an employee or a member of the general public. This potential is exacerbated when the phobia of radiation exposure and radioactive materials is interjected into the equation. This phobia is fuelled by the perceived risks of radiation exposure, be they fact or fantasy. With the current cancer incidence rate being approximately 1 in every 2.5 individuals (for all types of cancer), it is imperative that all facilities take a proactive look at their business vulnerability. When radiation exposure is the issue, records documentation is a critical factor, and a significant amount of effort should be expended to implement a comprehensive records management system. A comprehensive Radiation Dosimetry Management Program is essential if a business is going to mitigate any regulatory or legal intervention. This lecture will address appropriate Records Quality Assurance, and, the appropriate requirements for investigations of dosimetry results. (author)

  12. 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…

  13. Breakdowns in communication of radiological findings: an ethical and medico-legal conundrum

    OpenAIRE

    Berlin, Leonard; Murphy, Daniel R.; Singh, Hardeep

    2014-01-01

    Communication problems in diagnostic testing have increased in both number and importance in recent years. The medical and legal impact of failure of communication is dramatic. Over the past decades, the courts have expanded and strengthened the duty imposed on radiologists to timely communicate radiologic abnormalities to referring physicians and perhaps the patients themselves in certain situations. The need to communicate these findings goes beyond strict legal requirements: there is a mor...

  14. 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.

  15. 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...

  16. Step 1: Human System Integration (HSI) FY05 Pilot-Technology Interface Requirements for Contingency Management

    Science.gov (United States)

    2005-01-01

    This document involves definition of technology interface requirements for Contingency Management. This was performed through a review of Contingency Management-related, HSI requirements documents, standards, and recommended practices. Technology concepts in use by the Contingency Management Work Package were considered. Beginning with HSI high-level functional requirements for Contingency Management, and Contingency Management technology elements, HSI requirements for the interface to the pilot were identified. Results of the analysis describe (1) the information required by the pilot to have knowledge of system failures and associated contingency procedures, and (2) the control capability needed by the pilot to obtain system status and procedure information. Fundamentally, these requirements provide the candidate Contingency Management technology concepts with the necessary human-related elements to make them compatible with human capabilities and limitations. The results of the analysis describe how Contingency Management operations and functions should interface with the pilot to provide the necessary Contingency Management functionality to the UA-pilot system. Requirements and guidelines for Contingency Management are partitioned into four categories: (1) Health and Status and (2) Contingency Management. Each requirement is stated and is supported with a rationale and associated reference(s).

  17. 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.

  18. Hurricane risk management and climate information gatekeeping in southeast Florida

    Science.gov (United States)

    Treuer, G.; Bolson, J.

    2013-12-01

    Tropical storms provide fresh water necessary for healthy economies and health ecosystems. Hurricanes, massive tropical storms, threaten catastrophic flooding and wind damage. Sea level rise exacerbates flooding risks from rain and storm surge for coastal communities. Climate change adaptation measures to manage this risk must be implemented locally, but actions at other levels of government and by neighboring communities impact the options available to local municipalities. When working on adaptation local decision makers must balance multiple types of risk: physical or scientifically described risks, legal risks, and political risks. Generating usable or actionable climate science is a goal of the academic climate community. To do this we need to expand our analysis to include types of risk that constrain the use of objective science. Integrating physical, legal, and political risks is difficult. Each requires specific expertise and uses unique language. An opportunity exists to study how local decision makers manage all three on a daily basis and how their risk management impacts climate resilience for communities and ecosystems. South Florida's particular vulnerabilities make it an excellent case study. Besides physical vulnerabilities (low elevation, intense coastal development, frequent hurricanes, compromised ecosystems) it also has unique legal and political challenges. Federal and state property rights protections create legal risks for government action that restricts land use to promote climate adaptation. Also, a lack of cases that deal with climate change creates uncertainty about the nature of these legal risks. Politically Florida is divided ideologically and geographically. The regions in the southeast which are most vulnerable are predominantly Hispanic and under-represented at the state level, where leadership on climate change is functionally nonexistent. It is conventional wisdom amongst water managers in Florida that little climate adaptation

  19. Identification and Comparison of Requirements Placed on Brand Managers

    Directory of Open Access Journals (Sweden)

    Zuzana Wroblowská

    2016-09-01

    Full Text Available The purpose of the article: Building a strong brand is difficult, even when viewing brands as an essential asset of the company is a lasting trend. So for brand managers to succeed in their job roles, they must possess knowledge, skills, and relevant personality traits. The purpose of the author’s work was to provide the insight into the offering of brand manager’s posts in the Czech Republic and to analyze the collected data with the special interest in finding the answer, whether the employers see a brand manager as a knowledge worker. Methodology/methods: For a successful empirical research, the content analysis method by Berelson was used to study the texts in recruitment advertisements. The statistical verification of results was conducted using the chi-squared test. Scientific aim: The goal of the primary survey was to provide answers to the research questions, which arise from the following research assumption: (1 the set of requirements for candidates for the job of Brand Manager will confirm that a brand manager is one of the workers who have skills and personality prerequisites expected for knowledge workers and (2 after the period of economic recession and despite the oncoming recovery, employers do not concede their requirements placed on candidates for the job of Brand Manager. Findings: The results of the actual research project confirmed a fundamental need of excellent communication skills (69.6%, a high degree of creativity (51.8% and analytical ability (42.9% of candidates for the position “Brand Manager”. During the comparison of the data results gathered in 2007 there were recorded some differences. Statistical verification confirmed the shift of requirements in the group of traits and skills connected to motivation and self-control. The results also showed significant differences in the analysed group of ads for the position of “Brand Manager” and “Product Manager” in almost all groups of psychological

  20. 40 CFR 63.11584 - What are my initial and continuous compliance management practice requirements?

    Science.gov (United States)

    2010-07-01

    ... compliance management practice requirements? 63.11584 Section 63.11584 Protection of Environment... What are my initial and continuous compliance management practice requirements? (a) For each new and... gr/dscf, the management practice requirements are as follows: (1) You must conduct an initial visual...

  1. Governance of Arctic Offshore Oil & Gas Activities: Multilevel Governance & Legal Pluralism at Stake

    DEFF Research Database (Denmark)

    Pelaudeix, Cecile

    2015-01-01

    This article analyses the governance process of offshore oil and gas activities in the Arctic with the concept of multilevelgovernance and legal pluralism to address both issues of management of the environment and public participation. The analysis goes beyond the single issue of fragmentation p...... and from regional government, indigenous shareholders and corporation perspectives, could be helpful in providing relevant actors with arguments to weigh the decision on seismic and drilling activities in relation to risk acceptance.......This article analyses the governance process of offshore oil and gas activities in the Arctic with the concept of multilevelgovernance and legal pluralism to address both issues of management of the environment and public participation. The analysis goes beyond the single issue of fragmentation...... pertaining to the international and supranational levels, to encompass national and regional levels and evaluate how the interactions between those levels structure the policy process and impact the efficiency of environmental management and public participation. Four paths of reflection arise from...

  2. Legal high industry business and lobbying strategies under a legal market for new psychoactive substances (NPS, 'legal highs') in New Zealand.

    Science.gov (United States)

    Rychert, Marta; Wilkins, Chris

    2016-11-01

    The establishment of a regulated legal market for new psychoactive substances (NPS, 'legal highs') under New Zealand's Psychoactive Substances Act (PSA) 2013 created a new commercial sector for psychoactive products, previously limited to alcohol and tobacco. To explore how the newly-recognised 'legal high' industry (LHI) viewed and responded to the changing regulatory and market environment. In-depth interviews with six key informants (KI) from the LHI: a leading entrepreneur, chemist, industry spokesperson, retailer, product buyer and a researcher commissioned by the LHI - were conducted, transcribed and analysed thematically. Formative work for the study included review of official LHI documents (websites, public submissions, self-regulation documents). The LHI stakeholders espoused an idealistic mission of shifting recreational users of alcohol, tobacco and illegal drugs towards "safer alternatives". Passage of the PSA was viewed as a success after years of lobbying led by pioneering LHI actors. The growth and professionalisation of the LHI resulted in an increasingly commercial market which challenged idealistic views of the original operators. LHI KI reported the targeting of young and low income customers, price cutting and increasing the strength of products as business strategies. Attempts by the LHI to self-regulate did not prevent escalation in the strength of products and fall in retail prices. The LHI reported outsourcing of manufacturing and exporting of their products to other countries, demonstrating an international business model. There was a tension between profit and idealistic motivations within the LHI and this increased as the sector became more commercialised. While the LHI distanced itself from both alcohol and tobacco, they reported the use of similar marketing, business and political lobbying strategies. Rules for engagement with new 'addictive consumption industries' are required to clarify the role they are permitted to play in the

  3. 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.

  4. De-Mystifying the Data Management Requirements of Research Funders

    Science.gov (United States)

    Dietrich, Dianne; Adamus, Trisha; Miner, Alison; Steinhart, Gail

    2012-01-01

    Research libraries have sought to apply their information management expertise to the management of digital research data. This focus has been spurred in part by the policies of two major funding agencies in the United States, which require grant recipients make research outputs, including publications and research data, openly available. As many…

  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. Water Property Models as Sovereignty Prerogatives: European Legal Perspectives in Comparison

    Directory of Open Access Journals (Sweden)

    Dario Casalini

    2010-08-01

    Full Text Available Water resources in European legal systems have always been vested in sovereign power, regardless of their legal nature as goods vested in State property or as res communes omnium not subject to ownership. The common legal foundation of sovereign power over water resources departed once civil law jurisdictions leveled the demesne on ownership model, by introducing public ownership in the French codification of 1804, while common law jurisdiction developed a broader legal concept of property that includes even the rights to use res communes. The models led respectively to the establishment of administrative systems of water rights and markets of water rights. According to the first, public authorities’ power to manage and preserve water resources is grounded in a derogatory regime, whereby water rights, grounded on licenses or concessions, are neither transferable nor tradeable. On the contrary, environmental and social concerns in water market schemes must be enforced by means of regulation, thus limiting private property rights on water, in compliance with the constitutional and common law constraints set out to protect the minimum content of property as a fundamental human right.

  7. 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.

  8. 13 CFR 107.150 - Management-ownership diversity requirement.

    Science.gov (United States)

    2010-01-01

    ... minimum numerical listing standards and the corporate governance listing standards of the New York Stock... requirement as in effect at the time it was first applicable to you or you may satisfy the management...

  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. International legal protection of environment in the system of fundamental generally recognized principles of international law

    International Nuclear Information System (INIS)

    Meherremov, A.A.

    2007-01-01

    The issue of international legal protection of environment in the system of fundamental, generally recognized principles of international law is analyzed in the article taking into consideration the different opinions in legal scientific researches and international practice. It is concluded that the protection of environment for the present and next generations - is a basic principle of international legal protection of environment. The meaning of this principleis that the countries will take all necessary measures for preservation and promotion of the quality of environment for the present and next generations, as well as rational management of natural resources. Adoption and national legal implementation of specific norms, in conformity with that basic principle, is a main factor in resolution of environmental problemsand ensuring environmental security

  11. 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

  12. A guide to medico-legal photography for personal injury claims.

    Science.gov (United States)

    Bryson, D

    1994-01-01

    Clinical photographs are in essence medico-legal records but when instructions are given to take photographs for litigation the requirement is for a more specialized approach than when producing a clinical record for the notes. There are special considerations when providing a medico-legal photographic service, from clients' instructions, preparations before photography, and the photography itself to presenting the photographs and handling the administration. As photographs are taken in support of claims for compensation for personal injury many of them can have far greater impact, financially and psychologically, on the client than clinical photographs. Inadequate coverage could be construed as professional negligence.

  13. Euthanasia in patients dying at home in Belgium: interview study on adherence to legal safeguards

    Science.gov (United States)

    Smets, Tinne; Bilsen, Johan; Van den Block, Lieve; Cohen, Joachim; Van Casteren, Viviane; Deliens, Luc

    2010-01-01

    Background Euthanasia became legal in Belgium in 2002. Physicians must adhere to legal due care requirements when performing euthanasia; for example, consulting a second physician and reporting each euthanasia case to the Federal Review Committee. Aim To study the adherence and non-adherence of GPs to legal due care requirements for euthanasia among patients dying at home in Belgium and to explore possible reasons for non-adherence. Design of study Large scale, retrospective study. Setting General practice in Belgium. Method A retrospective mortality study was performed in 2005–2006 using the nationwide Belgian Sentinel Network of General Practitioners. Each week GPs reported medical end-of-life decisions taken in all non-sudden deaths of patients in their practice. GP interviews were conducted for each euthanasia case occurring at home. Results Interviews were conducted for nine of the 11 identified euthanasia cases. Requirements concerning the patient's medical condition were met in all cases. Procedural requirements such as consultation of a second physician were sometimes ignored. Euthanasia cases were least often reported (n = 4) when the physician did not regard the decision as euthanasia, when only opioids were used to perform euthanasia, or when no second physician was consulted. Factors that may contribute to explaining non-adherence to the euthanasia law included: being unaware of which practices are considered to be euthanasia; insufficient knowledge of the euthanasia law; and the fact that certain procedures are deemed burdensome. Conclusion Substantive legal due care requirements for euthanasia concerning the patient's request for euthanasia and medical situation were almost always met by GPs in euthanasia cases. Procedural consultation and reporting requirements were not always met. PMID:20353662

  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. User Requirements Model for University Timetable Management System

    OpenAIRE

    Ahmad Althunibat; Mohammad I. Muhairat

    2016-01-01

    Automated timetables are used to schedule courses, lectures and rooms in universities by considering some constraints. Inconvenient and ineffective timetables often waste time and money. Therefore, it is important to investigate the requirements and potential needs of users. Thus, eliciting user requirements of University Timetable Management System (TMS) and their implication becomes an important process for the implementation of TMS. On this note, this paper seeks to propose a m...

  16. Psychiatric diagnosis in legal settings

    Directory of Open Access Journals (Sweden)

    Alfred Allan

    2005-12-01

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

  17. Legal significance of environmental protection in foreign investments law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2013-01-01

    Full Text Available The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field is going to be the strengthening of the bond between international investments and environmental protection. It is insisted on the attitude that our law needs to approach adequately to the matter of legal valorization of the environmental protection issue. This requires the creating of a complex, coherent approach that should be based on adequate legal superstructure and amendments to the existing Law on Foreign Investments. The main direction of changes implies that the current obligation of foreign investors in this field should be raised onto a higher level and foreign investments should be placed in the function of accomplishing of the concept of sustainable development. However, such an approach has to be accompanied by appropriate mechanism of control and supervision in the given field, if its full effectiveness is to be achieved.

  18. Legal issues in the transboundary movement of radioactive waste

    International Nuclear Information System (INIS)

    Pelzer, N.

    2000-01-01

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

  19. 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...

  20. 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.