WorldWideScience

Sample records for legal regime governing

  1. ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    RADA POSTOLACHE

    2012-05-01

    Full Text Available The interest – which is an institution typical to private law, has been taken over by the fiscal field and adapted to the specific features of fiscal obligation – being defined by its imperative legal regime, which has at the least the following characteristic elements: unitary character, imposed legal percentage, compulsory demand of interest, automatic application. In order to render responsible fiscal debtors, the lawmaker has reintroduced, as an accessory of fiscal obligation, delayed payment penalties, which have a distinct nature and legal regime, but without the principle non bis in idem being transgressed. Our study aims to establish the legal regime ofaccessories typical to fiscal obligation, from the perspective of special normative acts, but also of the common law within the field – Civil Code and Government Ordinance No. 13/2011 – by pointing out at the same time both the particular circumstances and procedural ones regulated by the Fiscal Procedure Code, shedding light upon the controversial legal nature of accessories.

  2. Protected by pluralism? Grappling with multiple legal frameworks in groundwater governance

    NARCIS (Netherlands)

    Conti, K.I.; Gupta, J.

    2014-01-01

    Threats to groundwater sustainability demand governance. However, groundwater governance regimes are developing incongruously across geographic levels. Therefore, this research raises the question, how does lack of consensus regarding principles of groundwater law manifest itself as legal pluralism

  3. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

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

  4. The international legal regime governing the peaceful uses of nuclear energy

    International Nuclear Information System (INIS)

    Talaie, F.

    2004-01-01

    This paper studies the legal regime governing the peaceful uses of nuclear energy. It addresses the issue of the prevention of the use by states of the nuclear weapons (as the most destructive weapon of mass destruction) and their elimination as the main purpose for maintaining international peace and security.Then, the paper presents examples of peaceful applications of nuclear energy. It points out that the peaceful uses of nuclear materials and technology are not hampered by obligation of States not to divert these materials into nuclear weapons. In this context, the paper analyses the provisions of the main international and regional treaties related to the nuclear energy (especially the Treaty on Non-proliferation of Nuclear Weapons and the Regional Treaty of TLATELOLCO). It also examines the international mechanism for monitoring the peaceful uses of nuclear energy and in particular studies the role of the International Atomic Energy Agency in the prevention of the proliferation of nuclear weapons through the application of safeguards agreements and the additional protocol to these agreements. One special part of the paper is dedicated to Iran and the peaceful uses of nuclear energy. The paper concludes that the existing rules of international law do not prevent any State from using and applying nuclear energy and technology for peaceful uses. These rules only make such uses subject to a comprehensive verification mechanism through the International Atomic Energy Agency safeguards agreements and the additional protocol the these agreements

  5. TOWARDS THE LEGAL RECOGNITION AND GOVERNANCE OF FOREST ECOSYSTEM SERVICES IN MOZAMBIQUE

    Directory of Open Access Journals (Sweden)

    S Norfolk

    2013-06-01

    Full Text Available Within the context of Mozambique, this paper examines the state of forest ecosystem services, the dependency of the population on these systems for their well-being, if an adaptive governance regime is being created which will ensure the resilience of the forest ecosystem services including the legal framework, the institutions operating within this framework, the tools available and their functioning, and how cooperative governance is operating.

  6. Reviewing the justification and adequacy of existing legal principles governing nuclear third party liability

    International Nuclear Information System (INIS)

    Gnam, P.A.

    1983-01-01

    Following a review of the legal principles governing nuclear third party liability which are applied in most countries, this paper discusses certain reforms to this regime which have already been applied or are being studied in certain countries - namely the fixing of an unlimited amount of liability for nuclear damage. (NEA) [fr

  7. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

    Legal Framework for Implementation of m-Government in Ethiopia: Best. Practices and Lessons ... opportunity to government and businesses to provide enhanced mobile .... provide effective governance, offer increased service delivery and ...

  8. Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

    Energy Technology Data Exchange (ETDEWEB)

    Ma, Deqiang [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Fang, Qinhua, E-mail: qhfang@xmu.edu.cn [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Guan, Song [Coastal and Ocean Management Institute, Xiamen University, 361102 (China)

    2016-01-15

    In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

  9. Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

    International Nuclear Information System (INIS)

    Ma, Deqiang; Fang, Qinhua; Guan, Song

    2016-01-01

    In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

  10. 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

  11. Legal regime of the Bering Strait and security of navigation

    Directory of Open Access Journals (Sweden)

    Aleksandr S. Skaridov

    2016-12-01

    Full Text Available Objective to establish the legal regime and security of navigation in the Bering Strait. Methods formal logical method systemic method comparative legal method statistical method. Results in the recent years specialized publications contain numerous publications on the problems of development of Arctic shipping and the future intensification of the use of the Northern Sea Route. Whatever Arctic routes may be chosen by the skippers the vessels will have to overcome the narrowness of the Bering Strait. If the existing estimates are reasonable and the navigation of the NorthWest Sea Passage will increase it is appropriate to ask whether the legal regime and security means are adapted to the possible increase of commercial shipping and military navigation. In this respect the author formulates the legal measures aimed at ensuring security in the Bering Strait area with the account of growing cargo traffic. Scientific novelty for the first time the article proves the necessity to include into the Bering Strait area the territories bounded from the north by the east and west passages formed by the Diomede Islands and continental coasts of the Russian Federation and the United States and from the south ndash by the passages between the Cape of Chukotka and Cape Sevuokuk of St. Lawrence Island Cape Sivuka and the mainland of Alaska in order to protect the sea natural landscape and to ensure the maritime safety. The opinion is substantiated about the necessity to equip the marine passages forming the waters of the Bering Strait with a security system. The proposed legal regime of ensuring the safety of navigation in the Bering Strait which includes the common navigation rules establishing the areas of the vessel traffic separation designation of areas of marine reserves and organizationallegal means for damping the dangerous situations. Practical significance the findings and conclusions of the article can be used in scientific educational and law

  12. The legal regime for private space tourism activities—An overview

    Science.gov (United States)

    Hobe, Stephan

    2010-06-01

    "Space tourism" denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.

  13. Current US nuclear liability regime

    International Nuclear Information System (INIS)

    Brown, O.F.

    2000-01-01

    The Price-Anderson Act Adopted by US Congress in 1957 as the world's first national nuclear liability regime. It is a comprehensive, complicated and unique system and stems from special features of US legal regime and federal system of government. It differs from other systems by providing for 'economic', not legal; channeling of liability to facility operator and not recommended as model for other states, but most features adopted by other states and international conventions

  14. Legal and institutional foundations of adaptive environmental governance

    Directory of Open Access Journals (Sweden)

    Daniel A. DeCaro

    2017-03-01

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

  15. Adaptation in Collaborative Governance Regimes

    Science.gov (United States)

    Emerson, Kirk; Gerlak, Andrea K.

    2014-10-01

    Adaptation and the adaptive capacity of human and environmental systems have been of central concern to natural and social science scholars, many of whom characterize and promote the need for collaborative cross-boundary systems that are seen as flexible and adaptive by definition. Researchers who study collaborative governance systems in the public administration, planning and policy literature have paid less attention to adaptive capacity specifically and institutional adaptation in general. This paper bridges the two literatures and finds four common dimensions of capacity, including structural arrangements, leadership, knowledge and learning, and resources. In this paper, we focus on institutional adaptation in the context of collaborative governance regimes and try to clarify and distinguish collaborative capacity from adaptive capacity and their contributions to adaptive action. We posit further that collaborative capacities generate associated adaptive capacities thereby enabling institutional adaptation within collaborative governance regimes. We develop these distinctions and linkages between collaborative and adaptive capacities with the help of an illustrative case study in watershed management within the National Estuary Program.

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

    Directory of Open Access Journals (Sweden)

    Haik Nikogosian

    2016-12-01

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

  17. The legal regime for Nigerian gas | Onyi-Ogelle | Nnamdi Azikiwe ...

    African Journals Online (AJOL)

    The legal regime for Nigerian gas. ... PROMOTING ACCESS TO AFRICAN RESEARCH. AFRICAN ... As the world's seventh largest, and Africa's largest deposit of natural gas, Nigeria can be described as a gas province with some oil in it.

  18. Legal and Institutional Foundations of Adaptive Environmental Governance

    Science.gov (United States)

    Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frame...

  19. Legal framework for implementation of m-government in Ethiopia ...

    African Journals Online (AJOL)

    Higher penetration of mobile services in many countries, including Ethiopia, makes m-Government an eminent technological option for delivering government services to public and businesses. Although the Ethiopian government has introduced e-government services to the public, the legal framework to support such ...

  20. 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

  1. Whither the legal control of nuclear energy?

    International Nuclear Information System (INIS)

    Riley, Peter

    1995-01-01

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

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

    Science.gov (United States)

    Nikogosian, Haik; Kickbusch, Ilona

    2016-09-04

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

  3. 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.

  4. Conservation performance of different conservation governance regimes in the Peruvian Amazon.

    Science.gov (United States)

    Schleicher, Judith; Peres, Carlos A; Amano, Tatsuya; Llactayo, William; Leader-Williams, Nigel

    2017-09-12

    State-controlled protected areas (PAs) have dominated conservation strategies globally, yet their performance relative to other governance regimes is rarely assessed comprehensively. Furthermore, performance indicators of forest PAs are typically restricted to deforestation, although the extent of forest degradation is greater. We address these shortfalls through an empirical impact evaluation of state PAs, Indigenous Territories (ITs), and civil society and private Conservation Concessions (CCs) on deforestation and degradation throughout the Peruvian Amazon. We integrated remote-sensing data with environmental and socio-economic datasets, and used propensity-score matching to assess: (i) how deforestation and degradation varied across governance regimes between 2006-2011; (ii) their proximate drivers; and (iii) whether state PAs, CCs and ITs avoided deforestation and degradation compared with logging and mining concessions, and the unprotected landscape. CCs, state PAs, and ITs all avoided deforestation and degradation compared to analogous areas in the unprotected landscape. CCs and ITs were on average more effective in this respect than state PAs, showing that local governance can be equally or more effective than centralized state regimes. However, there were no consistent differences between conservation governance regimes when matched to logging and mining concessions. Future impact assessments would therefore benefit from further disentangling governance regimes across unprotected land.

  5. De Facto Regimes in International Law

    Directory of Open Access Journals (Sweden)

    Jonte van Essen

    2012-02-01

    Full Text Available The ambiguous position of de facto regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international actors on this status has, however, been long overdue. The manner in which de facto regimes are regarded internationally has serious consequences for the individuals under the influence of this legal grey area. Therefore, the study into this problem and possible solutions is of great significance. The 2011 developments in Northern Africa underline the need of contemporary research into this area. This essay aims to clarify the position of de facto regimes in international law and the influence on their status by actions of international actors. The author first argues that de facto regimes have rights and obligations under international law, which provide them with (some form of international legal personality. He then pleads for a reconsideration of the contemporary legal treatment of these regimes. The author argues against the current system of government recognition and proposes a system that better addresses the needs of both de facto regimes and the international community. 

  6. 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...

  7. Protection of the African Lion: A Critical Analysis of the Current International Legal Regime

    Directory of Open Access Journals (Sweden)

    Samantha Watts

    2016-04-01

    Full Text Available This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries. This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species

  8. Ethical and legal challenges in bioenergy governance

    DEFF Research Database (Denmark)

    Gamborg, Christian; Anker, Helle Tegner; Sandøe, Peter

    2014-01-01

    of regulatory measures and options). We present ethical and legal analyses of the current stalemate on bioenergy governance in the EU using two illustrative cases: liquid biofuels for transport and solid biomass-based bioenergy. The two cases disclose some similarities between these two factors......, but the remaining differences may partly explain, or justify, contrasting forms of governance. While there seems to be no easy way in which the EU and national governments can deal with the multiple sustainability issues raised by bioenergy, it is argued that failure to deal explicitly with the underlying value...... disagreements, or to make apparent the regulatory complexity, clouds the issue of how to move forward with governance of bioenergy. We suggest that governance should be shaped with greater focus on the role of value disagreements and regulatory complexity. There is a need for more openness and transparency...

  9. A Study on the Improvement of Nuclear Forensics Legal Regime in Korea

    International Nuclear Information System (INIS)

    Lee, Jung Hyun; Baek, Ye Ji; Kim, Jae Kwang; Chang, Sun Young; Hwang, Yong Soo

    2016-01-01

    Nuclear forensics is a critical component of security of these materials and an effective investigatory tool in providing evidence for the prosecution of these malicious acts related to the illicit materials. Because nuclear forensic enhances a State's ability to assess and establish linkages between nuclear and radioactive materials, and those who have attempted to transport, possess, or use it without legitimate State control. However, nuclear forensics is not yet reflected in the domestic laws. Therefore, in this study, we examined related international laws and other important efforts. We compared legal regime improvement options between amending existing legislations and introducing new legislation. Then, based on the analysis, we suggested draft provisions of highest level national legislation on nuclear forensics. We reviewed the analysis of international laws and other important efforts on nuclear forensics to improve of domestic legislations on the nuclear forensics. Through the review of current international movement on the nuclear forensics, we concluded as follows; (a) The state government must be responsible for the nuclear forensics (b) Appropriate administrative regulations on nuclear forensics is required within the highest level legislation

  10. A Study on the Improvement of Nuclear Forensics Legal Regime in Korea

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Jung Hyun; Baek, Ye Ji; Kim, Jae Kwang; Chang, Sun Young; Hwang, Yong Soo [Korea Institute of Nuclear Nonproliferation and Control, Daejeon (Korea, Republic of)

    2016-05-15

    Nuclear forensics is a critical component of security of these materials and an effective investigatory tool in providing evidence for the prosecution of these malicious acts related to the illicit materials. Because nuclear forensic enhances a State's ability to assess and establish linkages between nuclear and radioactive materials, and those who have attempted to transport, possess, or use it without legitimate State control. However, nuclear forensics is not yet reflected in the domestic laws. Therefore, in this study, we examined related international laws and other important efforts. We compared legal regime improvement options between amending existing legislations and introducing new legislation. Then, based on the analysis, we suggested draft provisions of highest level national legislation on nuclear forensics. We reviewed the analysis of international laws and other important efforts on nuclear forensics to improve of domestic legislations on the nuclear forensics. Through the review of current international movement on the nuclear forensics, we concluded as follows; (a) The state government must be responsible for the nuclear forensics (b) Appropriate administrative regulations on nuclear forensics is required within the highest level legislation.

  11. The Future of Education for All as a Global Regime of Educational Governance

    Science.gov (United States)

    Tikly, Leon

    2017-01-01

    The article considers the future of Education for All (EFA) understood as a global regime of educational governance. The article sets out an understanding of global governance, world order, power, and legitimacy within which EFA is embedded. It explains what is meant by EFA as a regime of global governance and as part of a "regime…

  12. Corporate Governance in Shareholding Companies: Comparing Legal Perspective and Position of Shari’ah

    Directory of Open Access Journals (Sweden)

    Aznan, H.

    2015-12-01

    Full Text Available This study examines the concept of corporate governance in shareholding companies and the legal perspective in comparison with the position of Shari’ah. The purpose of governance is to instil confidence among the stakeholders that the Boards of Directors are applying a diligent legal and administrative framework, to avoid potential administrative and financial failures and corruption. The study has proceeded by defining the concept of governance from linguistics, accounting, administrative, and legal perspectives. The study also discusses the stands of international organisations on the issue of corporate governance. Then, it is proceeded by discussing the concept of corporate governance from Shari’ah point of view. The study found that even with the absence of the term “company governance” in Islamic Law, the concept of corporate governance is in line with the Shari’ah and that their scholars have clearly referred to it in their literature. The study has used the descriptive, analytical, inductive and comparative methodology in analyzing the subject matter.

  13. Corporate Governance in Shareholding Companies: Comparing Legal Perspective and Position of Shari’ah

    OpenAIRE

    Aznan, H.; Harith Amir Hasan Al Timimi

    2015-01-01

    This study examines the concept of corporate governance in shareholding companies and the legal perspective in comparison with the position of Shari’ah. The purpose of governance is to instil confidence among the stakeholders that the Boards of Directors are applying a diligent legal and administrative framework, to avoid potential administrative and financial failures and corruption. The study has proceeded by defining the concept of governance from linguistics, accounting, administrat...

  14. Aspects pertaining to the legal regime of Presidential decrees in Romania

    Directory of Open Access Journals (Sweden)

    Camelia Florentina STOICA

    2014-12-01

    Full Text Available The doctrinal debates on the legal regime of presidential decrees and the recent case-law of the Constitutional Court have determined the present approach for analysis of some aspects pertaining to the issues arising in relation to these acts, especially their legal features and nature and, from this perspective, the differentiations with regard to the challenging of presidential decrees – we refer, in this context, to the extension of the control carried out by courts. The conclusions of the study reveal the importance of addressing and establishing the relations between public authorities, inclusively with regard to the substantiation, issuance and implementation of presidential decrees, in relation to the principle of constitutional loyalty.

  15. Assembling an experimentalist regime: transnational governance interactions in the forest sector

    NARCIS (Netherlands)

    Overdevest, C.; Zeitlin, J.

    2014-01-01

    Transnational governance initiatives increasingly face the problem of regime complexity in which a proliferation of regulatory schemes operate in the same policy domain, supported by varying combinations of public and private actors. The literature suggests that such regime complexity can lead to

  16. The legal duty of local government to facilitate development

    Directory of Open Access Journals (Sweden)

    Theo Scheepers

    1999-03-01

    Full Text Available Local government in South Africa is not only facing challenges normally associated with a process of development or transformation, but needs to adjust its focus according to the new development paradigm unfolding in South Africa. Developmental local government has to accomplish this task according to the mandate issued in the Constitution and within a specific legal-institutional and value framework The legal-institutional framework is based on a set of development law principles contained in new generation legislation. The value framework consists of community values as well as constitutional values reflecting individual and community values, norms and principles. This framework imposes a legal and moral duty as well as corresponding obligations on municipalities to plan and implement future socio-economic development of the areas for which they are responsible according to a new set of development principles and values. These principles make it incumbent upon municipalities to manage development through a people-centred and community-driven process. This article briefly deals with the nature and content of the duties and responsibilities of municipalities emanating from a new development paradigm when facilitating the development process within their areas of jurisdiction.

  17. Regime shifts and panarchies in regional scale social ...

    Science.gov (United States)

    In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate those interactions. The case studies show different ways that adaptive governance may be triggered, facilitated, or constrained by ecological and/or legal processes. The resilience assessments indicate that complex interactions among the governance and ecosystem components of these systems can produce different trajectories, which include patterns of (a) development and stabilization, (b) cycles of crisis and recovery, which includes lurches in adaptation and learning, and (3) periods of innovation, novelty, and transformation. Exploration of cross scale (Panarchy) interactions among levels and sectors of government and society illustrate that they may constrain development trajectories, but may also provide stability during crisis or innovation at smaller scales; create crises,

  18. Promotion of good governance and combating corruption and ...

    African Journals Online (AJOL)

    Melvin Mbao and G.G Komboni criticise the legal regime and institutional arrangements designed to promote good government and to combat corruption and maladministration in Botswana, a country widely acclaimed as Africa's success story. Using internationally accepted benchmarks on good governance and combating ...

  19. Sustainability Appraisal of Water Governance Regimes: The Case of Guanacaste, Costa Rica

    Science.gov (United States)

    Kuzdas, Christopher; Wiek, Arnim; Warner, Benjamin; Vignola, Raffaele; Morataya, Ricardo

    2014-08-01

    Sustainability appraisals produce evidence for how well water governance regimes operate and where problems exist. This evidence is particularly relevant for regions that face water scarcity and conflicts. In this study, we present a criteria-based and participatory sustainability appraisal of water governance in a region with such characteristics—the dry tropics of NW Costa Rica. Data collection included 47 interviews and three stakeholder workshops. The appraisal was conducted through a collaborative and iterative process between researchers and stakeholders. Out of the 25 sustainability criteria used, seven posed a significant challenge for the governance regime. We found challenges faced by the governance regime primarily clustered around and were re-enforced by failing coordination related to the use, management, and protection of groundwater resources; and inadequate leadership to identify collective goals and to constructively deliberate alternative ways of governing water with diverse groups. The appraisal yielded some positive impact in the study area, yet we found its application provided only limited strategic information to support broader problem-solving efforts. Insights from this study suggest key starting points for sustainable water governance in the Central American dry tropics, including investing in increasingly influential collective organizations that are already active in water governance; and leveraging policy windows that can be used to build confidence and disperse more governing authority to regional and local governing actors that are in-tune with the challenges faced in the dry tropics. We conclude the article with reflections on how to produce research results that are actionable for sustainable water governance.

  20. Assembling an experimentalist regime: transnational governance interactions in the forest sector revisited

    NARCIS (Netherlands)

    Overdevest, C.; Zeitlin, J.; Bruszt, L.; McDermott, G.A.

    2014-01-01

    Transnational governance initiatives increasingly face the problem of regime complexity in which a proliferation of regulatory schemes operate in the same policy domain, supported by varying combinations of public and private actors. The literature suggests that such regime complexity can lead to

  1. Ethical and legal challenges in bioenergy governance: Coping with value disagreement and regulatory complexity

    International Nuclear Information System (INIS)

    Gamborg, Christian; Anker, Helle Tegner; Sandøe, Peter

    2014-01-01

    The article focuses on the interplay between two factors giving rise to friction in bioenergy governance: profound value disagreements (e.g. the prioritizing of carbon concerns like worries over GHG emissions savings over non-carbon related concerns) and regulatory complexity (in terms of regulatory measures and options). We present ethical and legal analyses of the current stalemate on bioenergy governance in the EU using two illustrative cases: liquid biofuels for transport and solid biomass-based bioenergy. The two cases disclose some similarities between these two factors, but the remaining differences may partly explain, or justify, contrasting forms of governance. While there seems to be no easy way in which the EU and national governments can deal with the multiple sustainability issues raised by bioenergy, it is argued that failure to deal explicitly with the underlying value disagreements, or to make apparent the regulatory complexity, clouds the issue of how to move forward with governance of bioenergy. We suggest that governance should be shaped with greater focus on the role of value disagreements and regulatory complexity. There is a need for more openness and transparency about such factors, and about the inherent trade-offs in bioenergy governance. - Highlights: • Ethical and legal challenges in governance of liquid biofuels and wood pellets. • EU sustainability criteria legal and ethical analysis—EU bioenergy policy options. • Analysis of interplay between carbon and non-carbon concerns and regulatory options. • Governance must cope with value disagreement and regulatory complexity

  2. Spatialising Agricultural Water Governance Data in Polycentric Regimes

    Directory of Open Access Journals (Sweden)

    Faith Sternlieb

    2015-06-01

    Full Text Available Water governance in the Colorado River Basin (CRB is based on a historical and complex set of policies, legal decisions, and operational guidelines called the Law of the River. Behind the complex institutional structure lies an intricate web of data on water, most of which are hydrogeological in nature. However, we posit that in order to realise sustainable water governance, management efforts must also address data on water governance. Therefore, our central research question is: what is the role of water governance data in water governance, as it pertains to agriculture? First, we lay out the digital landscape and theoretical framework that justify the development of the Colorado River Basin Water Governance Relational Database. Then, we conduct an analysis of water-sharing policies within Law of the River to identify and categorise boundaries. By operationalising a boundary typology in a geographic information system, we found that data on agricultural water governance have little to no current role in water governance due to scale discrepancies, insufficient availability and collection of data, and lack of standardisation. In addition, agricultural water governance in the CRB was found to exhibit polycentric patterns. However, unlike the flexible and adaptive nature of some polycentric systems, polycentric data sets may pose challenges to water governance due to limited information regarding organisational changes, policy developments, and special interests. This study advances the science-policy dialogue in four ways: 1 by emphasising the salience of the data on water governance, 2 by incorporating water governance data in water governance and policy decisions, 3 by demonstrating the value of integrating data types, and 4 by engaging users through geo-visualisation.

  3. Research document no. 20. The constitutionalizing of the international legal regime of the petroleum investments and the world market reconstruction

    International Nuclear Information System (INIS)

    Noel, P.

    2000-09-01

    We analyse the new international legal regime for upstream petroleum investments and ''state contracts'' in general. In striking contrast to the ''New international economic order'' and ''Permanent sovereignty over natural resources'' ideologies of the 1960 and 1970, the emerging regime promotes the sanctification of contractual economic rights; the strict definition of State sovereign prerogatives, and the severe limitation of their conditions of exercise; the internationalization of the settlement of disputes through direct firm-State arbitration; the integration of national territories in a competitive, transparent, non-discriminative global market for investment. We demonstrate that it is rooted in the principles of liberal constitutionalism, hence promoting the internationalization of the Rule of Law. Such a legal regime is conducive to the expansion of the market for petroleum rights, as it restores the institutional conditions for credible commitment by the State. It will also accelerate the trend toward the ''commoditization'' of hydrocarbon resources. Bilateral investments treaties (especially the United States BIT program) as well as multilateral/regional instruments both general (draft MAI, MIGA, MERCOSUR, ALENA) and energy-specific (Energy Charter Treaty) are analysed as the main pillars and diffusion mechanisms of the new regime. A final paragraph indicates the way forward: the evaluation of the impact of this new legal regime on the world oil supply curve, especially as it eventually reaches - or not - some of the lowest-cost, biggest-resources countries. (author)

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

    Directory of Open Access Journals (Sweden)

    Olga Bazhenova

    2017-01-01

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

  5. THE LEGAL INDEBTEDNESS CAPACITY OF ROMANIAN LOCAL GOVERNMENTS - THEORETICAL AND EMPIRICAL EVIDENCES

    Directory of Open Access Journals (Sweden)

    Bilan Irina

    2011-12-01

    Full Text Available The factual, not only formal capacity of local governments to appeal to borrowed resources is, considering the current conditions, a prerequisite for ensuring economic and social development of local communities. In this paper we intend to position the main theoretical and empirical evidences on local governments indebtedness capacity, mainly focusing on its sizing according to Romanian regulatory framework. With respect to previous research, the issue approached is one of great interest as it has not been, in the Romanian literature on local public finances, subject to a separate analysis of proportions. The undertaken analysis comprises a quantitative dimension, based on processed data from the consolidated general budget of Romanian local governments for 2007-2009, in permanent conjunction with monitoring and analysis of the involved qualitative aspects. To ensure the relevance of the research results, the analysis undertaken refers to the legal framework in function throughout the considered period of time, without involving the legislative changes operated in mid-2010. The main conclusions drawn from our analysis indicate that, considering the current Romanian socio-economic environment, under the impact of specific factors of different nature, the legal indebtedness capacity is far from being well valued, thus bringing its benefits to local communities development. This conclusion is valid from a global perspective as well as for different types of local communities. This appears to be inconsistent with the permanently claimed need to fund important local public investments, mainly in infrastructure, indicating, despite the high legal indebtedness capacity, the lack of factual access to borrowed resources. We suggest, therefore, to introduce the concept of effective indebtedness capacity, the result of a particularized correlation for different local governments between legal indebtedness capacity and the manifestation of several factors

  6. GOOD GOVERNANCE DAN PEMBARUAN HUKUM DI INDONESIA: REFLEKSI DALAM PENELITIAN SOSIO-LEGAL

    Directory of Open Access Journals (Sweden)

    Herlambang P. Wiratraman

    2013-03-01

    Full Text Available Dalam dekade terakhir pasca Soeharto, Good Governance (GG telah sering mendengar seperti 'mantra' GG tampaknya mudah diucapkan banyak bicara, formal, dan tumbuh menjadi cita-cita politik yang dominan serta konstitusional dan publik wacana administrasi besar yang telah berakar dalam hukum, kebijakan, dan pendidikan tinggi. Seperti ayam yang berkokok di pagi hari, is terns berbicara di pagi hari, lebar kotak bibit 'governance', seperti 'tata kelola kehutanan yang baik', 'tata kelola keuangan yang baik', 'good university governance', dan banyak lainnya. GG, dalam konteks itu, tampaknya seperti nutrisi yang tepat untuk mengatasi kelemahan sistem hukum Indonesia, birokrasi yang korup, dan kepemimpinan politik predatoric. Dalam hal ini, harus dilihat lebih dekat, apa yang sebenarnya keunggulan yang dimiliki saat GG adalah berbicara? Jelas, hukum adalah salah satu alat untuk memastikan pengoperasian mantra dalam pelaksanaannya, dan didasarkan pada penelitian utama yang dilakukan pada tahun 2005-2006, dengan fokus pada isu Reformasi Hukum dengan menerapkan pendekatan sosio-legal. Akibatnya, penelitian ini memberikan fakta yang berbeda atau bahkan bertentangan dengan cita-cita bangunan politik atau diformalkan atau terwujud hukum dan kebijakan. Sebagai contoh, satu studi menunjukkan bahwa GG dalam konteks reformasi hukum di Indonesia sebenarnya sangat menakutkan dan melemahnya jaminan hak asasi manusia. Hukum, khususnya produk legislasi dan lembaga, serta transmisi mesin yang dominan dalam mengadvokasi pasar bebas (pasar reformasi hukum ramah gratis. Mungkin, kesimpulan tidak populer di tengah-tengah pidato ejaan bising GG dan proyekproyeknya. Namun demikian, Indonesia saat ini menunjukkan kelanjutan dari korupsi besar-besaran, pelanggaran HAM, impunitas dan semua situasi non-perlindungan dalam sistem hukum Indonesia.   In the last decade post Soeharto, Good Governance (GG has been often heard like a `mantra'. GG seems easily uttered talkative

  7. Investigating the effectiveness of different forms of mineral resources governance in meeting the objectives of the UK petroleum fiscal regime

    International Nuclear Information System (INIS)

    Abdo, Hafez

    2014-01-01

    After 40 years of oil investments, the UK is now a mature oil province. During these 40 years or so, the UK Government has changed the type of governance it uses to manage its petroleum resources. This paper introduces the theoretical background to two models of mineral resource governance: proprietorial and non-proprietorial regimes. It investigates how adoption any of these two models by the UK Government has historically affected the achievement of the objectives of the UK petroleum fiscal regime. The analysis tracks the changes in the governance of the UK petroleum resources using changes in the average petroleum tax rate, and how this last influenced the achievement of the objectives of the UK petroleum Regime. The findings remain significant for their policy implications. The study concludes that the UK Government adopted a proprietorial type of mineral governance during the period 1975–1982, before changing to a non-proprietorial regime in the period 1983–2000. Since 2000 it has begun to move back towards a proprietorial style of governance. The excessive use of one type of these modes of governance leads to the objectives of the UK petroleum fiscal regime being not met. - Highlights: • UK petroleum fiscal regime has historically been unstable, It has shifted between two different types of minerals governance. • Proprietorial and non-proprietorial philosophies of minerals governance have been used exchangeable in the UK. • Excessive use of either type of governance restricts meeting objectives of the UK petroleum fiscal regime. • The UK needs to use a transparent type of minerals governance by using tools from the two governance philosophies

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

    Directory of Open Access Journals (Sweden)

    Federica D’Alessandra

    2014-08-01

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

  9. Policy Contexts of Social Work in Britain: the wider implications of 'New' Labour and the 'New Legal Regime'

    Directory of Open Access Journals (Sweden)

    2003-11-01

    Full Text Available Several commentators have expressed disappointment with New Labour's apparent adherence to the policy frameworks of the previous Conservative administrations. The employment orientation of its welfare programmes, the contradictory nature of the social exclusion initiatives, and the continuing obsession with public sector marketisation, inspections, audits, standards and so on, have all come under critical scrutiny (c.f., Blyth 2001; Jordan 2001; Orme 2001. This paper suggests that in order to understand the socio-economic and political contexts affecting social work we need to examine the relationship between New Labour's modernisation project and its insertion within an architecture of global governance. In particular, membership of the European Union (EU, International Monetary Fund (IMF and World Trade Organisation (WTO set the parameters for domestic policy in important ways. Whilst much has been written about the economic dimensions of 'globalisation' in relation to social work rather less has been noted about the ways in which domestic policy agenda are driven by multilateral governance objectives. This policy dimension is important in trying to respond to various changes affecting social work as a professional activity. What is possible, what is encouraged, how things might be done, is tightly bounded by the policy frameworks governing practice and affected by those governing the lives of service users. It is unhelpful to see policy formulation in purely national terms as the UK is inserted into a network governance structure, a regulatory framework where decisions are made by many countries and organisations and agencies. Together, they are producing a 'new legal regime', characterised by a marked neo-liberal policy agenda. This paper aims to demonstrate the relationship of New Labour's modernisation programme to these new forms of legality by examining two main policy areas and the welfare implications they are enmeshed in. The first is

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

    International Nuclear Information System (INIS)

    Frede, W.

    1994-01-01

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

  11. Declaration of the Government of Argentina regime for sensitive exports

    International Nuclear Information System (INIS)

    1992-05-01

    The document reproduces the Declaration of the Government of Argentina concerning the new regime for foreign sales of any materials, equipment, technology, technical assistance and services relating to nuclear or missile technology, and of chemical substances which might be used in the production and deployment of missiles and nuclear, chemical and bacteriological weapons

  12. Governance in Times of Globalisation: the Kaleidoscope of the Legal System

    Directory of Open Access Journals (Sweden)

    Francesca Scamardella

    2016-09-01

    Full Text Available In the last few decades, the West has been deeply transformed by globalisation; global markets have been replacing national economies and states have been losing their legislative and executive powers. The global economy is imposing its own standards, such as the so-called Brazilianisation of the West, consisting of labour changes inspired by typical Brazilian features (low wages, flexibility and insecurity. In such a context, a question arises: how is the legal system changing? Sociology of law has indicated legal transformations in terms of soft law, such as lex mercatoria, codes of conduct, etc. This informal system seems to constitute a legal kaleidoscope where global and local players are involved, rather than an effective legal system. From this perspective, globalisation can also be considered the legal premise of governance, based on the participation of social parties to policy and law-making processes. The aim of this article is to focus on legal transformations in times of globalisation, stressing the governance approach as a legal kaleidoscope capable of managing social inequalities, different distributions of power and knowledge and the other perverse effects determined by globalisation.En las últimas décadas, la globalización ha transformado profundamente Occidente; los mercados mundiales han ido sustituyendo a las economías nacionales y los Estados han ido perdiendo sus poderes legislativo y ejecutivo. La economía mundial está imponiendo sus propias normas, como la denominada brasileñización de Occidente, que consiste en implantar cambios laborales inspirados en las características típicas de Brasil (salarios bajos, flexibilidad e inseguridad. En este contexto, surge una pregunta: ¿cómo está cambiando el sistema legal? La sociología jurídica ha apuntado transformaciones legales en materia de leyes "blandas", como la lex mercatoria, códigos de conducta, etc. Este sistema informal parece constituir un caleidoscopio

  13. Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand.

    Science.gov (United States)

    Rychert, Marta; Wilkins, Chris; Witten, Karen

    2017-09-01

    New Zealand's Psychoactive Substances Act (2013) established the world's first regulated market for 'low risk' psychoactive products ('legal highs'). Under an interim PSA regime, 47 existing products were permitted to be continued to be sold. To explore issues with the implementation of regulatory systems to monitor the safety of products on the legal market under the interim Psychoactive Substances Act regime. Semi-structured interviews with 30 key stakeholders, including industry, government agency, health and drug service professionals were conducted, transcribed and analysed thematically. In retrospect stakeholders questioned the decision to approve strong synthetic cannabinoid smoking products, noting their health risks because of product formulation, inconsistent manufacturing practices and smoking as the means of administration. Industry actors claimed the decision to approve synthetic cannabinoid smokeable products prevented potentially safer products from gaining market share. The system for withdrawing approved products which were subsequently found to be harmful was criticised for the poor quality of data available, limited engagement with health professionals and the slowness of product withdrawal. Many of the problems with the regime were attributed to the urgency under which the legal market under the interim Psychoactive Substances Act was established and implemented. The selection of 'safer' products, implementation of the product monitoring system, and engagement with health professionals may have benefited from more time and resources. An incremental approach to establishing the new market may have made the regulatory management of the new regime more workable. [Rychert M, Wilkins C, Witten K. Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand. Drug Alcohol Rev 2017;00:000-000]. © 2017 Australasian Professional Society on Alcohol and other Drugs.

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

    NARCIS (Netherlands)

    Heldeweg, Michiel A.; Sanders, Maurits

    2013-01-01

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

  15. Robust incentives and the design of a climate change governance regime

    International Nuclear Information System (INIS)

    Nemet, Gregory F.

    2010-01-01

    In building a governance regime to address climate change, should we prioritize the development of global institutions or national ones? This paper focuses on two neglected characteristics to inform the governance problem: the incentives for investment in low-carbon energy technology and the influence of historical policy volatility. Examining a case study of an important low-carbon energy technology, wind power, this study finds: (1) policy volatility has been substantial, (2) policy changes were uncorrelated across jurisdictions, suggesting that (3) investors could have substantially reduced their exposure to the risk of policy volatility by operating globally. While it also has downsides, a poorly coordinated international policy regime has the advantage of reducing the risk associated with a global policy failure. Beyond this case study, the importance of this positive effect depends on: the probability of policy failures in each country, the correlations among them, and the probability of a global policy failure. (author)

  16. Censoring the Press: A Barometer of Government Tolerance for Anti-regime Dissent under Authoritarian Rule

    Directory of Open Access Journals (Sweden)

    Elizabeth Ann Stein

    2016-01-01

    Full Text Available This paper proposes that dissident leaders aiming to build mass opposition movements follow the mainstream press to help them gauge government tolerance for anti-government mass actions in repressive authoritarian regimes. Under conditions of censorship, media–state interactions serve as a barometer of the government’s disposition toward and capacity to impede public displays of dissent. Observing trends in coverage and the government’s reaction to this coverage helps activist leaders assess when it should be safest to plan anti-government mass actions, such as demonstrations, marches, or strikes. Using original data derived from coding content from the Brazilian newspaper Folha de São Paulo over the period of 1974–1982, I test whether opposition mass actions followed trends in taboo content and government treatment of the press during the period of political liberalization of Brazil’s military regime.

  17. Groundwater Governance: The Role of Legal Frameworks at the Local and National Level—Established Practice and Emerging Trends

    Directory of Open Access Journals (Sweden)

    Kerstin Mechlem

    2016-08-01

    Full Text Available Legal frameworks play a crucial role for effective groundwater governance. They flank and support water policy and provide users and the administration with rights and obligations to use, manage, and protect vital resources in order to achieve the overall goal of equitable and sustainable water use. This paper discusses key challenges that have to be addressed in water law to manage and protect groundwater effectively. It will provide an overview of established practice in groundwater legislation and discuss recent trends and developments in light of current challenges. It focuses on permit-based systems of administrative water rights but will to a limited extent also deal with customary, community-based, and informal arrangements. It will show that increasingly domestic groundwater legislation is strengthened and ranked on a par with surface water regimes, ideally by dealing with all water resources in an integrated manner.

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

    Science.gov (United States)

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

    2014-09-01

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

  19. Legal Implications of Nuclear Propulsion for Space Objects

    Science.gov (United States)

    Pop, V.

    2002-01-01

    This paper is intended to examine nuclear propulsion concepts such as "Project Orion", "Project Daedalus", NERVA, VASIMIR, from the legal point of view. The UN Principles Relevant to the Use of Nuclear Power Sources in Outer Space apply to nuclear power sources in outer space devoted to the generation of electric power on board space objects for non-propulsive purposes, and do not regulate the use of nuclear energy as a means of propulsion. However, nuclear propulsion by means of detonating atomic bombs (ORION) is, in principle, banned under the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water. The legality of use of nuclear propulsion will be analysed from different approaches - historical (i.e. the lawfulness of these projects at the time of their proposal, at the present time, and in the future - in the light of the mutability and evolution of international law), spatial (i.e. the legal regime governing peaceful nuclear explosions in different spatial zones - Earth atmosphere, Earth orbit, Solar System, and interstellar space), and technical (i.e, the legal regime applicable to different nuclear propulsion techniques, and to the various negative effects - e.g. damage to other space systems as an effect of the electromagnetic pulse, etc). The paper will analyse the positive law, and will also come with suggestions "de lege ferenda".

  20. Evolving legal framework of corporate governance in India – issues and challenges

    Directory of Open Access Journals (Sweden)

    Pankaj Kumar GUPTA

    2014-12-01

    Full Text Available Investors now started considering corporate governance as very essential factor before investment especially in view of the unstable environment in the securities market. It is considered that good corporate governance inspires, strengthens and maintains investor’s confidence by ensuring company’s commitment to higher growth and profits. Corporate Governance has become a major concern for global economies particularly the transition world. Sound corporate governance is extremely important for transition economies for creation of the key institutions, the private corporations, which drive the successful economic transformation to a market based economy, effective allocation of capital and development of financial markets, attracting foreign investment and making a contribution to the process of national development. The Corporate Governance issue has emerged primarily because of the growing importance of corporations in the national economies and their interaction with the international agencies and institutions. This paper presents the current scenario of corporate governance in India, the evolving legal framework and identified the major issues and challenges that need to be addressed to implement an effective system of corporate governance in India.

  1. INTERNATIONAL LEGAL ASPECTS OF DEALING WITH THE CONTEMPORARY TERRORISM THREATS

    Directory of Open Access Journals (Sweden)

    Vesna Poposka

    2017-05-01

    Full Text Available Recent challenges in international security posed by two terrorist organizations, Al Qaeda and ISIS, have highlighted an urgent domestic and foreign policy challenge. Terrorism has been, for more than a decade, top headline in the world media, and the cost of terrorist activities is expressed in numerous human lives and enormous material damage. Yet to date, international organizations and governments have not been successful in the attempt to find a common definition or uniform approach. Up to now, the approaches towards terrorist activities differ from case to case. There is no single legal regime to deal with terrorist activities, and the legal regime is what gives the answer and the framework for the counter-terrorist activities of the security forces, in order to be able to deal with the threat. This paper will attempt to answer at least some of the dilemmas.

  2. Resilient Governance of Water Regimes in Variable Climates: Lessons from California’s Hydro-Ecological Zones

    Directory of Open Access Journals (Sweden)

    Jeff Romm

    2018-02-01

    Full Text Available Highly variable water regimes, such as California’s, contain distinctive problems in the pursuit of secure timing, quantities and distributions of highly variable flows. Their formal and informal systems of water control must adapt rapidly to forceful and unpredictable swings on which the survival of diversified ecosystems, expansive settlement patterns and market-driven economies depends. What constitutes resilient water governance in these high-variability regimes? Three bodies of theory—state resource government, resilience and social mediation—inform our pursuit of governance that adapts effectively to these challenges. Using evidence drawn primarily from California research and participation in the policy and practice of water governance, we identify two stark barriers to learning, adaptation and resilience in high-variability conditions: (1 the sharp divide between modes of governance for ecological (protective and for social (distributive resilience and (2 the separation between predominant paradigms of water governance in “basins” (shared streamflow and in “plains” (minimized social risk. These sources of structural segregation block adaptive processes and diminish systemic resilience, creating need for mediating spaces that increase permeability, learning and adaptation across structural barriers. We propose that the magnitude and diversity of need are related directly to the degree of hydro-climatic variability.

  3. Regime complexity and expertise in transnational governance: Strategizing in the face of regulatory uncertainty

    Directory of Open Access Journals (Sweden)

    Sigrid Quack

    2013-01-01

    Full Text Available The rise and spread of transnational governance arrangements has added to the legal indeterminacy of existing regime complexes. The combined regulatory uncertainty resulting from international regime complexes and transnational polycentric governance heightens the role of expertise in managing this institutional complexity. The rising importance of knowledgeable actors with claims to policy-relevant expertise, according to many scholars, is expected further to advantage well-resourced and powerful actors. However, attention to recent developments in accounting and copyright, as two transnational governance fields that have been dominated by a small group of powerful actors for more than three decades, sheds doubt on the generalizability of such arguments. Although representing least likely cases for change, the empirical evidence presented in this paper shows how apparently weak or marginalized actors – whether they are part of public bureaucracies or civil society – developed expertise-based strategies to claim greater involvement and influence in rule and standard-setting. Their strategizing on regime complexity opened up previously shielded policy spaces to broader audiences, thereby transforming actor constellations, preferences and problem definitions in the two policy fields. These findings suggest that under conditions of complexity, indeterminacy and uncertainty, claims to expertise-based rule are becoming increasingly contested – even in transnational governance fields that have a long-established trajectory of rule-setting and rule-implementation monopolized by small groups of professionals, industrialists or technical diplomats. El surgimiento y la difusión de las disposiciones de gobierno transnacional ha contribuido a la indeterminación jurídica de los complejos regímenes existentes. La incertidumbre regulatoria resultante de los complejos regímenes internacionales y del gobierno policéntrico transnacional realza el

  4. An Internal Audit Perspective on Differences between European Corporate Governance Codes and OECD Principles

    OpenAIRE

    Raluca Ivan

    2015-01-01

    The main purpose of this research is to realize an analysis from an internal audit perspective of European Corporate Governance Codes, in regards with Organization for Economic Cooperation and Development – OECD Principles of Corporate Governance. The research methodology used a classification of countries by legal regime, trying to obtain a global view over the differences between the European corporate governance codes and the OECD Principles provisions, from internal audit’s perspective. T...

  5. Regime shifts and panarchies in regional scale social-ecological water systems

    Science.gov (United States)

    Gunderson, Lance; Cosens, Barbara; Chaffin, Brian C.; Arnold, Craig Anthony (Tony); Fremier, Alexander K.; Garmestani, Ahjond S.; Kundis Craig, Robin; Gosnell, Hannah; Birge, Hannah E.; Allen, Craig R.; Benson, Melinda H.; Morrison, Ryan R.; Stone, Mark; Hamm, Joseph A.; Nemec, Kristine T.; Schlager, Edella; Llewellyn, Dagmar

    2017-01-01

    In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate those interactions. The case studies show different ways that adaptive governance may be triggered, facilitated, or constrained by ecological and/or legal processes. The resilience assessments indicate that complex interactions among the governance and ecosystem components of these systems can produce different trajectories, which include patterns of (a) development and stabilization, (b) cycles of crisis and recovery, which includes lurches in adaptation and learning, and (3) periods of innovation, novelty, and transformation. Exploration of cross scale (Panarchy) interactions among levels and sectors of government and society illustrate that they may constrain development trajectories, but may also provide stability during crisis or innovation at smaller scales; create crises, but may also facilitate recovery; and constrain system transformation, but may also provide windows of opportunity in which transformation, and the resources to accomplish it, may occur. The framework is the starting point for our exploration of how law might play a role in enhancing the capacity of social-ecological systems to adapt to climate change.

  6. Regime shifts and panarchies in regional scale social-ecological water systems

    Directory of Open Access Journals (Sweden)

    Lance Gunderson

    2017-03-01

    Full Text Available In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate those interactions. The case studies show different ways that adaptive governance may be triggered, facilitated, or constrained by ecological and/or legal processes. The resilience assessments indicate that complex interactions among the governance and ecosystem components of these systems can produce different trajectories, which include patterns of (a development and stabilization, (b cycles of crisis and recovery, which includes lurches in adaptation and learning, and (3 periods of innovation, novelty, and transformation. Exploration of cross scale (Panarchy interactions among levels and sectors of government and society illustrate that they may constrain development trajectories, but may also provide stability during crisis or innovation at smaller scales; create crises, but may also facilitate recovery; and constrain system transformation, but may also provide windows of opportunity in which transformation, and the resources to accomplish it, may occur. The framework is the starting point for our exploration of how law might play a role in enhancing the capacity of social-ecological systems to adapt to climate change.

  7. Third party nuclear liability regime in the Romanian legislation - current status

    International Nuclear Information System (INIS)

    Chirica, T.; Chiripus, V.

    2004-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined by Law no. 703/2001 on civil liability for nuclear damages, as well as Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper aims at presenting to the audience the main elements of the relatively recent legal framework, namely: the scope of Law no. 703/2001, as well as the subjects to whom such law applies, the regime of civil liability for nuclear damages in Romania (with special emphasis on the relevant responsibilities of nuclear operators), the Romanian nuclear damages compensation system, statute of limitation for claims, types of insurance and financial guarantees covering against civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage.(author)

  8. Research document no. 20. The constitutionalizing of the international legal regime of the petroleum investments and the world market reconstruction; Cahier de recherche no. 20. La constitutionalisation du regime juridique international des investissements petroliers et la (re)construction du marche mondial

    Energy Technology Data Exchange (ETDEWEB)

    Noel, P

    2000-09-01

    We analyse the new international legal regime for upstream petroleum investments and ''state contracts'' in general. In striking contrast to the ''New international economic order'' and ''Permanent sovereignty over natural resources'' ideologies of the 1960 and 1970, the emerging regime promotes the sanctification of contractual economic rights; the strict definition of State sovereign prerogatives, and the severe limitation of their conditions of exercise; the internationalization of the settlement of disputes through direct firm-State arbitration; the integration of national territories in a competitive, transparent, non-discriminative global market for investment. We demonstrate that it is rooted in the principles of liberal constitutionalism, hence promoting the internationalization of the Rule of Law. Such a legal regime is conducive to the expansion of the market for petroleum rights, as it restores the institutional conditions for credible commitment by the State. It will also accelerate the trend toward the ''commoditization'' of hydrocarbon resources. Bilateral investments treaties (especially the United States BIT program) as well as multilateral/regional instruments both general (draft MAI, MIGA, MERCOSUR, ALENA) and energy-specific (Energy Charter Treaty) are analysed as the main pillars and diffusion mechanisms of the new regime. A final paragraph indicates the way forward: the evaluation of the impact of this new legal regime on the world oil supply curve, especially as it eventually reaches - or not - some of the lowest-cost, biggest-resources countries. (author)

  9. MARKET AND GOVERNMENT FAILURES RELATED TO THE INTRODUCTION OF TAX INCENTIVES REGIME

    Directory of Open Access Journals (Sweden)

    Olena SOKOLOVSKA

    2015-12-01

    Full Text Available The paper deals with problem of effectiveness of tax incentive regimes. The main purpose of this paper is to define causes, factors and measures aimed to prevent and neutralize failures of introduction of tax incentives. In order to examine the behavior of economic agents we used game theory tools, notably the “principal-agent” model, similar to the Allingham-Sandmo model. To solve a problem of inefficient interaction, when investors unreasonably pretend on tax incentives and government ignore that by granting them incentives, we proposed to use Nash-equilibrium in pure strategies. Finally we defined factors of improvement of efficiency of tax incentive regimes, particularly mechanisms of their implementation and termination.

  10. 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.).

  11. A decade of adaptive governance scholarship: synthesis and future directions

    Directory of Open Access Journals (Sweden)

    Brian C. Chaffin

    2014-09-01

    Full Text Available Adaptive governance is an emergent form of environmental governance that is increasingly called upon by scholars and practitioners to coordinate resource management regimes in the face of the complexity and uncertainty associated with rapid environmental change. Although the term "adaptive governance" is not exclusively applied to the governance of social-ecological systems, related research represents a significant outgrowth of literature on resilience, social-ecological systems, and environmental governance. We present a chronology of major scholarship on adaptive governance, synthesizing efforts to define the concept and identifying the array of governance concepts associated with transformation toward adaptive governance. Based on this synthesis, we define adaptive governance as a range of interactions between actors, networks, organizations, and institutions emerging in pursuit of a desired state for social-ecological systems. In addition, we identify and discuss ambiguities in adaptive governance scholarship such as the roles of adaptive management, crisis, and a desired state for governance of social-ecological systems. Finally, we outline a research agenda to examine whether an adaptive governance approach can become institutionalized under current legal frameworks and political contexts. We suggest a further investigation of the relationship between adaptive governance and the principles of good governance; the roles of power and politics in the emergence of adaptive governance; and potential interventions such as legal reform that may catalyze or enhance governance adaptations or transformation toward adaptive governance.

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

    Science.gov (United States)

    Henderson, Ana; Fry, Christine R

    2011-01-01

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

  13. Dealing with European Foreign Fighters in Syria: Governance Challenges and Legal Implications

    Directory of Open Access Journals (Sweden)

    Edwin Bakker

    2013-12-01

    Full Text Available The number of European foreign fighters with a jihadist political agenda participating in the Syrian civil war has increased exponentially over the past months and has become an ever-growing concern for European policymakers. It is particularly the possibility that returned foreign fighters have radicalised that makes them a potential threat – if only to themselves and their direct surroundings. In this Research Paper, Edwin Bakker, Christophe Paulussen and Eva Entenmann examine some of the challenges, as well as possible strategies and legal mechanisms available for European policymakers to address the foreign fighters phenomenon. It first assesses the complex threat (potentially posed by returning mujahidin to Europe’s security. The Research Paper then outlines some of the risk assessment and governance challenges that European policymakers, governments and legal practitioners face in relation to (potential foreign jihadi fighters and returnees. Prosecution via international crimes will be analysed before turning to specific national practices. Here, the Research Paper focuses on a few European states that have a considerable number of departing foreign fighters as estimated by their own intelligence services: Austria, Belgium, France, Germany, Italy, Spain, the Netherlands and the UK. The Research Paper concludes with a series of recommendations.

  14. Atypical real estate objects: legal regime and control system

    Directory of Open Access Journals (Sweden)

    Voskresenskaya Elena

    2017-01-01

    Full Text Available The legal concept of immovable things raises controversy in legal practice. Determining and understanding the definition of real estate, the complexity and diversity of these objects, a growing appearance of so-called atypical properties (such as sport stadiums, roads, boreholes, analyzing legislation and judicial practice of this field – all these issues call for a deep study of this topic. There is a conflicting arbitration practice, the subject of which is the learning of the legal nature of atypical real estate (for instance, asphalt playgrounds, car parks, fences, wells. The object of the research is the learning of the legal status of atypical real estate.

  15. The use of ‘macro’ legal analysis in the understanding and development of global environmental governance

    OpenAIRE

    Turner, Stephen J.

    2017-01-01

    This article examines the manner in which ‘macro’ legal analysis can potentially assist in overcoming some of the issues that are faced in the understanding and development of global environmental governance (GEG). It argues that the analysis of law through separate and distinct disciplines such as environmental law, trade law, corporate law, and human rights law, results in what this article refers to as ‘micro’ legal analysis. As such, it contends that this can have the effect of creating o...

  16. The EPOS Legal and Governance Framework : tailoring the infrastructure to fit the needs of the EPOS services

    Science.gov (United States)

    Kohler, Elisabeth; Pedersen, Helle; Kontkanen, Pirjo; Korja, Annakaisa; Lauterjung, Jörn; Haslinger, Florian; Sangianantoni, Agata; Bartolini, Alessandro; Consortium, Epos

    2016-04-01

    One of the most important issues regarding a pan-European distributed large scale research infrastructure is the setting up of its legal and governance structure as this will shape the very operation of the undertaking, i.e. the decision-making process, the allocation of tasks and resources as well as the relationship between the different bodies. Ensuring long-term operational services requires a robust, coherent and transparent legal and governance framework across all of the EPOS TCS (Thematic Core Services) and ICS (Integrated Core Services) that is well aligned to the EPOS global architecture. The chosen model for the EPOS legal entity is the ERIC (European Research Infrastructure Consortium). While the statutory seat of EPOS-ERIC will be in Rome, Italy, most of the services will be hosted in other countries. Specific agreements between EPOS-ERIC and the legal bodies hosting EPOS services will be implemented to allow proper coordination of activities. The objective is to avoid multiple agreements and, where possible, to standardize them in order to reach a harmonized situation across all services. For the governance careful attention will be paid to the decision-making process, the type of decisions and the voting rights, the definition of responsibilities, rights and duties, the reporting mechanisms, as well as other issues like who within a TCS represents the service to the 'outside' world or who advices the TCS on which subjects. Data policy is another crucial issue as EPOS aims to provide interdisciplinary services to researchers interested in geoscience, including access to data, metadata, data products, software and IT tools. EPOS also provides access to computational resources for visualization and processing. Beyond the general principles of Open Access and Open Source the following questions have to be addressed: scope and nature of data that will be accepted; intellectual property rights in data and terms under which data will be shared; openness and

  17. One Health, One World—The Intersecting Legal Regimes of Trade, Climate Change, Food Security, Humanitarian Crises, and Migration

    OpenAIRE

    Garcia, Kelli K.; Gostin, Lawrence O.

    2012-01-01

    Today’s global health challenges require a multi-sectoral approach in which health is a fundamental value within global governance and international law. “One Health, One World” provides a unified, harmonious vision of global health governance that supports the wellbeing of humans and animals living in a clean and temperate environment. This article focuses on five legal regimes—trade law, food security law, environmental law, humanitarian law, and refugee law—that play a pivotal role in infl...

  18. Effect of corporate governance mechanisms on the relationship between legal origins and cost of debt

    DEFF Research Database (Denmark)

    Farooq, Omar; Derrabi, Mohamed

    2012-01-01

    How do differences in country-level governance and enforcement mechanisms affect firms? Using a large dataset from the MENA region, we document that differences in legal traditions translate into differences in cost of debt. Our results show that firms headquartered in the common law countries ha...

  19. 'Better justice?' or 'shambolic justice?': Governments' use of information technology for access to law and justice, and the impact on regional and rural legal practitioners

    Directory of Open Access Journals (Sweden)

    Caroline Hart

    2017-04-01

    Full Text Available This paper reports the results of a study on whether government use of information technology potentially compromises access to law and justice by Queensland regional and rural (RR legal practitioners. The paper describes current approaches to the use of information technology by state and federal governments, and provides an insight into the challenges and opportunities identified by individual RR legal practitioners, policy-makers and the judiciary on the use of such technology. The paper makes recommendations to promote increased access to law and justice for RR legal practitioners when using government information technology.

  20. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  1. RECENT CHANGES TO THE RULES GOVERNING THE LEGAL STATUS OF FOREIGN NATIONALS IN ROMANIA

    Directory of Open Access Journals (Sweden)

    Monica-Florentina POPA

    2014-05-01

    Full Text Available The past decade has seen an unprecedented surge in the number of people leaving their home countries in search of economic prosperity, freedom, happiness etc., and settling – permanently or temporarily – on the territory of another state. The rights and obligations of these foreign nationals (or “third-country nationals” in EU legal jargon define their legal status and constitute – in the case of European Union – a matter that concerns both the Union and its member states. The present article endeavors a brief analysis of the recent changes to the main statutory instruments governing the legal status of foreign nationals in Romania, introduced mainly due to necessity of implementing various EU regulations into domestic law. The analysis will not be limited to a strictly legalistic approach, recent national and international political and economic trends will also be taken into consideration to better explain law in context.

  2. On the effectiveness of private transnational governance regimes - evaluating corporate sustainability reporting according to the Global Reporting Initiative

    OpenAIRE

    Barkemeyer, Ralf; Preuss, Lutz; Lee, Lindsay

    2015-01-01

    The increasing involvement of multinational enterprises (MNEs) in global governance has been both applauded for its potential to make governance more effective and criticized for lacking democratic legitimization. Hence we investigate the effectiveness of one transnational governance regime, corporate sustainability reporting according to the Global Reporting Initiative (GRI). We found that the GRI has been successful in terms of output effectiveness by promoting the dissemination of sustaina...

  3. Environmental Governance Challenges in Kiribati : An Agenda for Legal and Policy Responses

    Directory of Open Access Journals (Sweden)

    Dejo Olowu

    2007-12-01

    Full Text Available Since the global notion of environmental governance is principally about how to achieve the goals of environmental conservation and sustainable development, analysing approaches to environmental governance invariably requires critical study of the policies and structures in place that determine how power is exercised and how environmental decisions are made not only in the abstract context of internationalism but with particular regard to national situations. This essay examines the legal and policy frameworks regulating environmental protection and the conservation of biodiversity within the broader goal of effective environmental governance in Kiribati . Acknowledging that Kiribati encounters formidable challenges in institutional, normative and policy terms, this essay particularly deals with the issue of pollution and its long- and short-term implications for this nation of many atolls. While highlighting the existence of significant treaties, municipal laws and diverse policy mechanisms, this essay identifies gaps and weaknesses, making suggestions for their reform and enhancement. Recognising that the path to the future lies in the synergy of initiatives and inputs from the government, the people and all other stakeholders in the environmental well-being of Kiribati, this essay proffers some viable trajectories for strategic responses.

  4. An Internal Audit Perspective on Differences between European Corporate Governance Codes and OECD Principles

    Directory of Open Access Journals (Sweden)

    Raluca Ivan

    2015-12-01

    Full Text Available The main purpose of this research is to realize an analysis from an internal audit perspective of European Corporate Governance Codes, in regards with Organization for Economic Cooperation and Development – OECD Principles of Corporate Governance. The research methodology used a classification of countries by legal regime, trying to obtain a global view over the differences between the European corporate governance codes and the OECD Principles provisions, from internal audit’s perspective. The findings suggest that the specificities of internal audit function when studying the differences between European Corporate Governance Codes and OECD Principles lead to different treatment.

  5. How do Mergers and Acquisitions Affect Bondholders in Europe? Evidence on the Impact and Spillover of Governance and Legal Standards

    NARCIS (Netherlands)

    Renneboog, L.D.R.; Szilagyi, P.G.

    2006-01-01

    This paper contributes to the comparative corporate governance literature by showing how cross-country differences in governance and legal standards affect the bondholder wealth effects of European merger and acquisitions (M&As).Using investment-grade Eurobonds, we find some remarkable

  6. How Do Mergers and Acquisitions Affect Bondholders in Europe? Evidence on the Impact and Spillover of Governance and Legal Standards

    NARCIS (Netherlands)

    Renneboog, L.D.R.; Szilagyi, P.G.

    2006-01-01

    Abstract: This paper contributes to the comparative corporate governance literature by showing how cross-country differences in governance and legal standards affect the bondholder wealth effects of European merger and acquisitions (M&As). Using investment-grade Eurobonds, we find some remarkable

  7. Administrative and legal factors of customs clearance for components and spare parts imported for repair of ships in Ukraine

    Directory of Open Access Journals (Sweden)

    Едуард Борисович Хачатуров

    2015-11-01

    Full Text Available It is investigated an influence of administrative and legal factors of customs clearance when moving goods across customs borders for repair of marine ships in Ukraine. It is studied the existing regulatory base of legal acts governing order implementation of the customs procedures in the supply completing and spare parts for the shipbuilding industry. It is proposed an application of the customs regime of temporary import for goods to these groups, and, if necessary, use loyalty measures with the aim of ensuring timely production

  8. Challenges of Governing Second-Growth Forests: A Case Study from the Brazilian Amazonian State of Pará

    OpenAIRE

    Vieira, Ima; Gardner, Toby; Ferreira, Joice; Lees, Alexander; Barlow, Jos

    2014-01-01

    Despite the growing ecological and social importance of second-growth and regenerating forests across much of the world, significant inconsistencies remain in the legal framework governing these forests in many tropical countries and elsewhere. Such inconsistencies and uncertainties undermine attempts to improve both the transparency and sustainability of management regimes. Here, we present a case-study overview of some of the main challenges facing the governance of second-growth forests an...

  9. Fiscal Policy and Welfare under Different Exchange Rate Regimes

    DEFF Research Database (Denmark)

    Østrup, Finn

    a representativeindividual's utility, it is demonstrated that there are differences betweenexchange rate regimes with respect to the level of government spending. Thesedifferences arise first because a rise in government spending affects macroeconomicvariables differently under different exchange rate regimes......, and secondbecause the government's inclination to expand government spending is affectedby inflation which depends on the exchange rate regime. At low rates of inflation,the government is inclined to set a higher level of government spending under afixed exchange rate regime than under a floating exchange rate...... regime in whichthe monetary authority optimises preferences which include an employment targetand an inflation target. As government spending affects the representativeindividual's utility, the choice of exchange rate regime has an impact on welfare.Keywords: exchange rate regimes; fiscal policy...

  10. Governance regime and location influence avoided deforestation success of protected areas in the Brazilian Amazon.

    Science.gov (United States)

    Nolte, Christoph; Agrawal, Arun; Silvius, Kirsten M; Soares-Filho, Britaldo S

    2013-03-26

    Protected areas in tropical countries are managed under different governance regimes, the relative effectiveness of which in avoiding deforestation has been the subject of recent debates. Participants in these debates answer appeals for more strict protection with the argument that sustainable use areas and indigenous lands can balance deforestation pressures by leveraging local support to create and enforce protective regulations. Which protection strategy is more effective can also depend on (i) the level of deforestation pressures to which an area is exposed and (ii) the intensity of government enforcement. We examine this relationship empirically, using data from 292 protected areas in the Brazilian Amazon. We show that, for any given level of deforestation pressure, strictly protected areas consistently avoided more deforestation than sustainable use areas. Indigenous lands were particularly effective at avoiding deforestation in locations with high deforestation pressure. Findings were stable across two time periods featuring major shifts in the intensity of government enforcement. We also observed shifting trends in the location of protected areas, documenting that between 2000 and 2005 strictly protected areas were more likely to be established in high-pressure locations than in sustainable use areas and indigenous lands. Our findings confirm that all protection regimes helped reduce deforestation in the Brazilian Amazon.

  11. The use of 'macro' legal analysis in the development of global environmental governance

    OpenAIRE

    Turner, Stephen

    2016-01-01

    This talk will discuss the challenges that are faced by lawyers in assessing the constituent elements of global environmental governance. It takes into account the different and sometimes disparate approaches that have been taken to the subject and the different interpretations of the term ‘global environmental governance’ itself. It suggests that in the face of such challenges an approach which includes ‘macro’ legal analysis should be developed to ensure that all relevant factors are includ...

  12. Transformational Change and Regime Shifts in the Circumpolar Arctic

    Directory of Open Access Journals (Sweden)

    Annika E. Nilsson

    2016-11-01

    Full Text Available The Arctic is changing rapidly, and there are many indications that the region is in the midst of transformational change. While some of the focus relates to impacts of climate change, rapid economic development and the potential for shifts in political and social structures in the region have also been in the limelight. This article looks at the circumpolar Arctic as a potential case of a regime shift in a large-scale social–ecological system that includes reinforcing feedbacks. A special focus is placed on governance structures, as these play an important role in social negotiations on the relationship between societies and the environment. While climate change is often portrayed as a driver of social change in the Arctic, it does not appear that the ongoing changes in the biophysical features of the Arctic region have rocked current circumpolar governance structures out of kilter. On the contrary, the ongoing climate-related changes, in particular sea ice decline, appear to have reinforced political commitment to existing legal structures. Major past social regime shifts have mainly been related to access to resources and national identity ideology, with political dynamics reinforced at times by military security considerations.

  13. How Governance Regimes Shape the Implementation of Water Reuse Schemes

    Directory of Open Access Journals (Sweden)

    Jos Frijns

    2016-12-01

    Full Text Available The governance dimensions of water reuse scheme development and operation, such as policies and regulatory frameworks, and public involvement and stakeholder collaboration, can serve to both facilitate and constrain wider adoption of water reuse practices. This paper explores the significance and underlying structure of the key governance challenges facing the water reuse sector in Europe. It presents empirical evidence from interviews and focus group sessions conducted at four water reuse schemes: an indirect potable reuse scheme at Torreele (Belgium, the urban reuse of treated municipal wastewater at the London Olympic Park (United Kingdom and at Sabadell (Spain, and the reuse of agro-industrial effluent for irrigation at Capitanata (Italy. The findings underscore the importance of clarity in policy arrangements around water reuse, as well as of the financial competitiveness of reuse projects compared to alternative water supply options. Operators of water reuse schemes expressed a preference for water quality standards, which focus on appropriateness for use rather than over-emphasise the waters’ origin so that unnecessary treatment and costs can be avoided. Positive public support was widely acknowledged as an important factor in the success or failure of water reuse schemes. We conclude that constructive institutional relationships underpin many of the challenges faced by reuse scheme operators and that greater emphasis should be given to building confidence and gaining trust in water service providers through early identification of how governance regimes shape the viability of new schemes.

  14. 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....

  15. Overview of the international legal framework governing the safe and peaceful uses of nuclear energy - Some practical steps

    International Nuclear Information System (INIS)

    Rautenbach, J.; Tonhauser, W.; Wetherall, A.

    2006-01-01

    The accident on 26 April 1986 in unit 4 of the Chernobyl nuclear power plant in the former Ukrainian Republic of the Union of Soviet Socialist Republics, near the present borders of Belarus, the Russian Federation and Ukraine, was categorised at the time as 'the most devastating accident in the history of nuclear power'. Two decades on, the assessment of the health, environmental and socio-economic impacts of the accident still continues, with the aim of providing definitive and authoritative answers. In addition, from a legal perspective the accident underlined some significant deficiencies and gaps in the international legal and regulatory norms that had been established to govern the safe and peaceful uses of nuclear energy. At the same time, it stressed the need for a collective international focus on [nuclear] safety and, in its wake, prompted a call for the creation of an international regime for the safe development of [nuclear energy] under the auspices of the IAEA. For all its devastating consequences, the accident was in fact a wake-up call for the 'international nuclear community' and led to a new era in international nuclear cooperation, involving states which had so far been removed both geographically and technologically from nuclear power. In its aftermath, the international nuclear community, in an attempt to allay concerns of the public and political world over the use of the atom as a viable energy source, sought to rebuild confidence in the safety of nuclear energy, primarily through the IAEA, by urgently addressing those main deficiencies in the existing international legal framework that had been exemplified by the accident. As much as has already been written on the substantive provisions and negotiating history of the different international instruments that compromise this legal framework and that were developed under the auspices of the IAEA in the two decades since the Chernobyl accident, this paper only briefly describes their substance

  16. USAGES – THE LEGAL REGIME IN NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    EMILIAN CIONGARU

    2013-05-01

    Full Text Available In the broad sense, the concept of law is represented by totality of acts that are elaborated by competent state authorities and their purpose is legislating. There are juridical situations are outside the scope of regulation of legal norms and they are stipulated by the New Civil Code, namely the usages: which are defined, in the broad sense, as rules of conduct for a long time, born of social practice. If the law sanctioned any usage, by a rule of reference, giving them, as such obligatory legal power, they are sources of law and the legislator has provided, as is source of civil law, only usages which are in conformity to public order and morality. This problem there was no in the case of legal rules because, they themselves are created with the purpose of to generate the public order and morality. In the situations not covered by law, the usages have a greater force than that of the legal dispositions regarding similar situations, so the broad interpretation of the rules of civil law is made, in the cases which are not covered by the law, only if such an interpretation is not contrary to the usages. An analysis and understanding of the juridical status of usages representing: the customs and the local habits which is accepted by the members of that community as well as the professional uses, as rules of development of professional activities, may result in to perceive the legal force of their but also to reduce, on as much as possible, some potentials confusions of interpretation and application of the law.

  17. The nuclear non-proliferation regime: What it is and how it has evolved

    International Nuclear Information System (INIS)

    Priest, J.

    1999-01-01

    The nuclear non-proliferation regime commonly denotes the legal norms, voluntary undertakings and policies which the international community has developed to deal with the threat of nuclear weapons proliferation. The word 'regime' suggests a legally binding order. Some components of the non-proliferation regime are indeed legally binding. Others represent essentially political rather than legal commitments. This lecture describes the various independent but mutually reinforcing components of the non-proliferation regime. It thus touches on and highlights the particular importance of political incentives - or disincentives - to the acquisition of nuclear weapons; legal undertakings in which non-proliferation commitments are anchored; verification (specifically the IAEA Safeguards System); compliance and enforcement; export controls; physical protection measures; regional nuclear non-proliferation initiatives; and measures taken to curb proliferation in general and to strive for arms control and nuclear disarmament. The purpose of the lecture is to provide an over-arching, tour d'horizon for the more specific and detailed lectures which follow. (author)

  18. Towards More Effective Water Quality Governance : A Review of Social-Economic, Legal and Ecological Perspectives and Their Interactions

    NARCIS (Netherlands)

    van Rijswick, H.F.M.W.|info:eu-repo/dai/nl/099909189; Wuijts, S.; Driessen, P.P.J.|info:eu-repo/dai/nl/069081417

    2018-01-01

    In this article, social-economic, legal and ecological perspectives on effectiveness of water quality governance and their interactions have been studied. Worldwide, authorities are facing the challenge of restoring and preserving aquatic ecosystems in accordance with the United Nations Sustainable

  19. Transformative environmental governance

    Science.gov (United States)

    Chaffin, Brian C.; Garmestani, Ahjond S.; Gunderson, Lance H.; Harm Benson, Melinda; Angeler, David G.; Arnold, Craig Anthony (Tony); Cosens, Barbara; Kundis Craig, Robin; Ruhl, J.B.; Allen, Craig R.

    2016-01-01

    Transformative governance is an approach to environmental governance that has the capacity to respond to, manage, and trigger regime shifts in coupled social-ecological systems (SESs) at multiple scales. The goal of transformative governance is to actively shift degraded SESs to alternative, more desirable, or more functional regimes by altering the structures and processes that define the system. Transformative governance is rooted in ecological theories to explain cross-scale dynamics in complex systems, as well as social theories of change, innovation, and technological transformation. Similar to adaptive governance, transformative governance involves a broad set of governance components, but requires additional capacity to foster new social-ecological regimes including increased risk tolerance, significant systemic investment, and restructured economies and power relations. Transformative governance has the potential to actively respond to regime shifts triggered by climate change, and thus future research should focus on identifying system drivers and leading indicators associated with social-ecological thresholds.

  20. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

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

  1. 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.

  2. Towards More Effective Water Quality Governance: A Review of Social-Economic, Legal and Ecological Perspectives and Their Interactions

    Directory of Open Access Journals (Sweden)

    Susanne Wuijts

    2018-03-01

    Full Text Available In this article, social-economic, legal and ecological perspectives on effectiveness of water quality governance and their interactions have been studied. Worldwide, authorities are facing the challenge of restoring and preserving aquatic ecosystems in accordance with the United Nations Sustainable Development Goals (SDG 6. Over the last few decades, governance approaches have often been used to realise these ambitions. To date, scholars have identified that it is difficult to relate governance approaches to water quality improvement and have offered several different explanations for this. Combined with a targeted conceptualisation of the perspectives and their interactions, the systematic literature review demonstrates the gap that exists in the current understanding of these interactions and what their effects are on water quality improvement, especially in regard to the identification of ecological issues and their boundary conditions for the legal framework and the development of measures and follow-up. The review also reveals that the scientific debate is focused on the planning rather than implementation phase. A step forward can be made by supplementing existing analytical frameworks by the interactions between the different perspectives, especially those related to problem definition and the development and realisation of measures.

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

    International Nuclear Information System (INIS)

    Wagner, H.

    1987-01-01

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

  4. Legal aspects of financing Canadian offshore oil and gas developments

    International Nuclear Information System (INIS)

    Green, J.M.; Hudec, A.J.

    1992-01-01

    A review is presented of the significant legal considerations involved in structuring, negotiating, and documenting commercial financing of a Canadian offshore oil and gas production facility. Emphasis is placed on the Hibernia Project in the Newfoundland offshore as an example, and more specifically the $450 million bank financing completed in November 1991. The legal framework governing offshore production financing in this case was complex, due to the project's location in international waters on the continental shelf. Complex intergovernmental arrangements have been implemented between Canada and Newfoundland to govern the offshore area and regulate the project. An agreement called the Atlantic Accord allowed the Canada Newfoundland Offshore Petroleum Board (CNOPB) to grant production licenses and to regulate offshore exploration and development, with matters relating to legislation, taxation, and royalties shared between the governments. Certain other acts were enacted or extended for application to the offshore area. The CNOPB administers a registry system for transfers and security interests in offshore licenses. Security interests including property are ensured by the Hibernia Act, which makes Newfoundland's existing security interest regime applicable to the offshore. The project owners are operating Hibernia as a joint venture, and the structure of project financing and inter-creditor arrangements is examined. The competing security interest of project lenders and non-defaulting participants is discussed, along with assignment of priorities on the security in case of default

  5. Realigning government action with public health evidence: the legal and policy environment affecting sex work and HIV in Asia.

    Science.gov (United States)

    Gruskin, Sofia; Pierce, Gretchen Williams; Ferguson, Laura

    2014-01-01

    The HIV epidemic has shed light on how government regulation of sex work directly affects the health and well-being of sex workers, their families and communities. A review of the public health evidence highlights the need for supportive legal and policy environments, yet criminalisation of sex work remains standard around the world. Emerging evidence, coupled with evolving political ideologies, is increasingly shaping legal environments that promote the rights and health of sex workers but even as new legislation is created, contradictions often exist with standing problematic legislation. As a region, Asia provides a compelling example in that progressive HIV policies often sit side by side with laws that criminalise sex work. Data from the 21 Asian countries reporting under the UN General Assembly Special Session on HIV in 2010 were analysed to provide evidence of how countries' approach to sex-work regulation might affect HIV-related outcomes. Attention to the links between law and HIV-related outcomes can aid governments to meet their international obligations and ensure appropriate legal environments that cultivate the safe and healthy development and expression of sexuality, ensure access to HIV and other related services and promote and protect human rights.

  6. Discussion paper : proposed adjustments to the governance of Canada's marine oil spill preparedness and response regime

    International Nuclear Information System (INIS)

    1998-12-01

    A series of changes have been proposed for Canada's current marine oil spill preparedness and response regimes which were established in August 1995 in an effort to develop a more integrated approach to managing oil spill preparedness and response. The proposed amendments aim to address the deficiencies of the regime through some regulatory change, a stronger accountability structure, and clear management guidelines. Some of the issues that should be addressed to strengthen the effectiveness of the regime as a whole include: (1) transparency of response organization (RO) preparedness and response fees, (2) level of wildlife contingency planning, (3) payment of Canadian Coast Guard response costs, and (4) ensuring a strong national system of preparedness and response. In terms of governance, a stronger role is recommended for the Regional Advisory Councils. The establishment of a User Committee and of a National Advisory Council are also recommended. figs

  7. The convention on supplementary compensation for nuclear damage (CSC). A cornerstone of a global nuclear liability regime?

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    2015-01-01

    International discussions on compensation of nuclear damage seem to be governed by the magic word ''global nuclear liability regime''. It is said that only such regime promises to guarantee full and timely compensation at conditions acceptable and favourable for both the victims and the operator liable and at the same time promotes nuclear industry. Surely, nuclear incidents may have worldwide implications, and a globally unified legal framework appears to be desirable or is even necessitated. But until today we have not yet achieved a global regime. There are international nuclear liability conventions some of which may be qualified to form such regime. But which of them is best qualified and which one could be accepted by all States? Mainly the USA opt for, and strongly support, the 1997 ''Convention on Supplementary Compensation for Nuclear Damage'' (CSC) to be the only international instrument which is apt to form a global regime. This paper will deal with the question whether this assertion is convincing. It will also be asked whether we need a global regime.

  8. The convention on supplementary compensation for nuclear damage (CSC). A cornerstone of a global nuclear liability regime?

    Energy Technology Data Exchange (ETDEWEB)

    Pelzer, Norbert

    2015-06-15

    International discussions on compensation of nuclear damage seem to be governed by the magic word ''global nuclear liability regime''. It is said that only such regime promises to guarantee full and timely compensation at conditions acceptable and favourable for both the victims and the operator liable and at the same time promotes nuclear industry. Surely, nuclear incidents may have worldwide implications, and a globally unified legal framework appears to be desirable or is even necessitated. But until today we have not yet achieved a global regime. There are international nuclear liability conventions some of which may be qualified to form such regime. But which of them is best qualified and which one could be accepted by all States? Mainly the USA opt for, and strongly support, the 1997 ''Convention on Supplementary Compensation for Nuclear Damage'' (CSC) to be the only international instrument which is apt to form a global regime. This paper will deal with the question whether this assertion is convincing. It will also be asked whether we need a global regime.

  9. Integrative environmental governance: enhancing governance in the era of synergies

    NARCIS (Netherlands)

    Visseren-Hamakers, I.J.

    2015-01-01

    The issue of regime complexity in global environmental governance is widely recognized. The academic debate on regime fragmentation has itself however been rather fragmented, with discussions circling around different concepts, including inter-organizational relations, polycentric governance,

  10. De Facto Regimes in International Law

    OpenAIRE

    Essen, Jonte van

    2012-01-01

    The ambiguous position of de facto regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international actors on this status has, however, been long overdue. The manner in which de facto regimes are regarded internationally has serious consequences for the individuals under the influence of this legal grey area. Therefore, the ...

  11. The governance of complementary global regimes and the pursuit of human security : the interaction between the United Nations and the International Criminal Court

    NARCIS (Netherlands)

    Marrone, Andrea

    2015-01-01

    This study offers an overview of the challenges occurring in the emerging regime of international criminal justice as a tool of sustainable peace. It illustrates the impact of such regime in international law and international relations focusing on the obstacles and concerns of its governance in the

  12. The contractual and legal framework for petroleum exploration in Cameroon

    International Nuclear Information System (INIS)

    Ndi, George

    1992-01-01

    Cameroon has been a producer and net exporter of oil now for almost 15 years, although the country remains a minor player in the international oil industry. However, with its privileged location on the West African coast and an offshore oil industry which is centred on the Gulf of Guinea, Cameroon has been, and remains, a regional oil producer of some importance. This article sets out to analyse the legal aspects of the commercial exploitation of oil in Cameroon by examining the applicable law, exploration/production contracts, and the fiscal regime. Its purpose is to try to provide a setting which facilitates a proper understanding of the legal frame-work in which the petroleum industry operates in Cameroon, as well as an indication of the direction of government policy towards the further development and expansion of the industry. But first, it will be useful to begin the discussion with an examination of the role of petroleum production in the national economy. (author)

  13. Nonbinding Legal Instruments in Governance for Global Health: Lessons from the Global AIDS Reporting Mechanism.

    Science.gov (United States)

    Taylor, Allyn; Alfvén, Tobias; Hougendobler, Daniel; Buse, Kent

    2014-01-01

    Recent debate over World Health Organization reform has included unprecedented attention to international lawmaking as a future priority function of the Organization. However, the debate is largely focused on the codification of new binding legal instruments. Drawing upon lessons from the success of the Global AIDS Reporting Mechanism, established pursuant to the United Nations' Declaration of Commitment on HIV/AIDS, we argue that effective global health governance requires consideration of a broad range of instruments, both binding and nonbinding. A detailed examination of the Global AIDS Reporting Mechanism reveals that the choice of the nonbinding format makes an important contribution to its effectiveness. For instance, the flexibility and adaptability of the nonbinding format have allowed the global community to: (1) undertake commitments in a timely manner; (2) adapt and experiment in the face of a dynamic pandemic; and (3) grant civil society an unparalleled role in monitoring and reporting on state implementation of global commitments. UNAIDS' institutional support has also played a vital role in ensuring the continuing effectiveness of the Global AIDS Reporting Mechanism. Overall, the experience of the Global AIDS Reporting Mechanism evidences that, at times, nimbler nonbinding instruments can offer benefits over slower, more rigid binding legal approaches to governance, but depend critically, like all instruments, on the perceived legitimacy thereof. © 2014 American Society of Law, Medicine & Ethics, Inc.

  14. Concept Of The Legal System Analysis

    Directory of Open Access Journals (Sweden)

    Petr E. Zhigockiy

    2015-03-01

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

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

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2018-01-01

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

  16. A critical assessment of the Hong Kong Government's proposed post-2008 regulatory regime for local electricity utilities

    International Nuclear Information System (INIS)

    Woo, Chi-Keung; Horowitz, Ira; Tishler, Asher

    2006-01-01

    In December 2005, the Hong Kong Government issued a 'Consultation Paper on Future Development of the Electricity Markets in Hong Kong: Stage II Consultation,' proposing a post-2008 regulatory regime upon the expiration of the existing regulatory contract between the Hong Kong Government and each of the two local electricity utilities. We assess the proposal using the criteria of safe, reliable, and environmentally friendly service at the lowest rates that will allow the utilities reasonable returns on their investments. We caution that if fully adopted, the highly risky proposal may lead to less-reliable service without the compensating benefits to the environment

  17. Alkem instruction: Legal relief of a Federal State against instructions under the Atomic Energy Act issued by the Federal Government

    International Nuclear Information System (INIS)

    Steinberg, R.

    1987-01-01

    The German Federal Minister for the Environment, Protection of Nature, and Reactor Safety instructed the Hesse State Minister for Economics and Technology to grant the applications filed by Alkem GmbH for a first partial permit of the construction and operation of a fuel element factory, and to grant it on the basis of a draft working document discussed between the two ministries. The new feature is the refusal of the Hesse State Minister to follow these instructions. This has given rise to a conflict between the State and Federal Governments. The article deals with one aspect of the multifaceted legal controversy, i.e., the question of the possibilities of legal relief open to a Federal State against an instruction under the Atomic Energy Act issued by the Federal Government. First, the rank of this instruction within the scope of administration on behalf of the Federal Government will be discussed. Next, the central problem of the preconditions under which an instruction may violate rights of a Federal State will be investigated. Finally, the possibilities of litigation will be briefly referred to. (orig./HP) [de

  18. Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

    International Nuclear Information System (INIS)

    Novotna, Marianna

    2016-01-01

    The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

  19. The "Revolution" is a tree of secular life: The Jornal do Brasil and the invention of democracy and legality of civil-military coup and the military government (1964-1968.

    Directory of Open Access Journals (Sweden)

    Dayane Cristina Guarnieri

    2014-12-01

    Full Text Available The research intends to analyze the editorials published by “Jornal do Brasil” (representative of the great press during the military-civil coup until 1968. The objective is to understand the justification for the military civil coup and the military government considering the speech changes of this newspaper in regard to the everyday politics. As “Jornal do Brasil” defended the intervention into Goulart´s constitutional government, like the most of the press, it´s conjectured that it continued to support the military government. The newspaper stressed that democracy should be preserved through democracy institutions and legality and their continuity in association with the military power. Even saying that democracy wasn’t practiced in that context, “JB” stated that the military government had it as the objective of its acts. It has been noticed that in spite of a contradiction in the editorial opinion, which varies between joining and criticism, it is always willing to guide the government actions. Therefore, “Jornal do Brasil” helped the military group to legitimate themselves before society through legalistic democratic speeches, but also in many occasions accused the government pointing out the political farces, for example the Constitution of 1967 and the indirect election, or criticizing the governmental immobility reminding, in several moments, promises made in 1964 that were not fulfilled – these promises intended to benefit the social group to which the newspaper integrated and represented. In other words, it preserves the democratic speech but also elaborates the conception that an arbitrary regime could improve the democracy and the development of capitalism.

  20. Persecution of believers as a systemic feature of the Soviet regime

    Directory of Open Access Journals (Sweden)

    Soskovets Lyubov

    2016-01-01

    Full Text Available The article focuses on the anti-religious policy of the Soviet Union adopted in relation to believers and religious organizations. The reasons for the persecution of religion, churches and believers, such as the conceptual framework of Marxist ideology, desire for total power, and creation of an ideocratic state are analyzed. The main stages of the anti-religious campaign led by the Bolshevik government are determined. Major anti-religious practices, such as legal restriction of all forms of religious life, discrimination against the clergy and believers, atheist education and anti-religious propaganda work are studied. It may be concluded that persecution of believers is a systemic feature of a totalitarian regime.

  1. Considerations on the legal regime of the unincorporated business forms in Romania

    OpenAIRE

    Anca POPESCU-CRUCERU

    2013-01-01

    The analysis of the legal status of the companies aims to unify, in an approach for the comparative and historical method, the trends in relation to theories of legal status of the companies, more so as the rules made by the new Romanian Civil Code amended the institution of the company and partnership and thus its legal status. The methodology considers the logical and teleological analyze of the rules in relation to companies, both those of common law and those belonging to special laws, in...

  2. [Heath and political regimes: presidential or parliamentary government for Colombia?].

    Science.gov (United States)

    Idrovo, Alvaro J

    2007-01-01

    Changing the presidential regime for a parliamentarian one is currently be-ing discussed in Colombia. This preliminary study explores the potential effects on health of both presidential and parliamentary regimes by using world-wide data. An ecological study was undertaken using countries from which comparable information concerning life-expectancy at birth, political regime, economic development, inequality in income, social capital (as measured by general-ised trust or Corruption Perceptions Index), political rights, civil freedom and cultural diversity could be obtained. Life-expectancy at birth and macro-determinants were compared between both political regimes. The co-relationship between these macro-determinants was estimated and the relationship between political regimen and life-expectancy at birth was estimated using robust regression. Crude analysis revealed that parliamentary countries have greater life-expectancy at birth than countries having a presidential regime. Significant co-relationships between all macro-determinants were observed. No differential effects were observed between both political regimes regarding life-expectancy at birth in multiple robust regressions. There is no evidence that presidential or parliamentary regimes provide greater levels of health for the population. It is suggested that public health policies be focused on other macro-determinants having more known effects on health, such as income inequality.

  3. Sustainable urban regime adjustments

    DEFF Research Database (Denmark)

    Quitzau, Maj-Britt; Jensen, Jens Stissing; Elle, Morten

    2013-01-01

    The endogenous agency that urban governments increasingly portray by making conscious and planned efforts to adjust the regimes they operate within is currently not well captured in transition studies. There is a need to acknowledge the ambiguity of regime enactment at the urban scale. This direc...

  4. Traditional Knowledge in the Time of Neo-Liberalism: Access and Benefit-Sharing Regimes in India and Bhutan

    Directory of Open Access Journals (Sweden)

    Indrani Barpujari

    2017-03-01

    Full Text Available In a neoliberal world, traditional knowledge (TK of biodiversity possessed by Indigenous and Local Communities (ILCs in the global South has become a valuable "commodity" or "bio-resource," necessitating the setting up of harmonized ground rules (international and national in the form of an access and benefitsharing regime to facilitate its exchange in the world market. Despite criticisms that a regime with a neo-liberal orientation is antithetical to the normative ethos of ILCs, it could also offer a chance for developing countries and ILCs to generate revenue for socioeconomic development—to which they are gradually becoming open, but only under fair and equitable terms. Based on this context, this article proposes to look into the legal and policy frameworks and institutional regimes governing access and benefit sharing of TK associated with biological resources in two countries of South Asia: India and Bhutan. The article seeks to examine how such regimes are reconciling the imperatives of a neo-liberal economy with providing a just and equitable framework for ILCs and TK holders, which is truly participatory and not top-down.

  5. 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....

  6. Transnational Governance and Constitutionalism

    DEFF Research Database (Denmark)

    Joerges, Christian; Sand, Inger-Johanne; Teubner, Gunther

    of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international......The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes...

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

    Science.gov (United States)

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

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

    Directory of Open Access Journals (Sweden)

    Silvia GORIUC

    2017-12-01

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

  9. Is territorially-bound polity vanished into education governance? A legally-focused analysis to explore its relevance

    DEFF Research Database (Denmark)

    Milana, Marcella

    territories. It does so by looking at a concrete country, the USA, and questioning whether and how broader (national) party values about education, training for job and the country’s sustainable development feed into the ongoing legal debate about adult basic education. This work is part of a broader project......). Such studies often drawn on literature on globalization, governance and education emphasizing Europeanization (Nóvoa and Lawn 2002, Lawn and Grek 2012), and ‘governance by numbers’ (Martens and Niemann 2010, Grek 2009). In these accounts, territorially-bound polity as (also) an influential political setting...... for public policy is often out of sight or invisible. This contribution questions whether territorially-bound polity might still be of relevance to consider when comprehending concrete decisions on (and justifications for) the share of national budgets that goes in support of education within delimited...

  10. Legitimacy as a Precondition for the Recognition of New Governments: A Case of Libya

    Directory of Open Access Journals (Sweden)

    Hamed Hasyemi Saugheh

    2018-01-01

    Full Text Available Recognition of new Stets and governments is a political act with legal reverberations. Although the recognition of new States and governments is a traditional concept of international law but the challenging recognition of the transitional government of Libya proved that this traditional concept still can be highly exigent. Traditionally, the States in providing recognition to a new government follow their own benefits and privileges and rarely consider the structure, capacity and public support for the new government. If the rule of law and respecting democracy is going to be means of promoting peace and security is various areas of the world, is not it time to redefine the traditional concepts of international law (included of recognition of new States and government from a new perspective? Considering the fact that, the existence of a legitimate authority in a group enhances the effective functioning of that group and reduces the internal conflicts, it seems that it is time to expand the political concept of legitimacy of the authorities into the international law. Is there any State practice to support the argument? In this article, the existence of norm creating forces and role of legitimacy in the recognition of the Libyan Transitional Government is going to be analysed. The After studying the role of legitimacy of the Libyan NTC in passing the sovereignty from the past regime to the new government by the international community, the effect of lack of legitimacy on the previous regime will be examined and the question of withdrawing of recognition of governments will be addressed.

  11. Renewable energies. Ambivalences, governance, legal issues; Erneuerbare Energien. Ambivalenzen, Governance, Rechtsfragen

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix; Hennig, Bettina; Unnerstall, Herwig (eds.)

    2012-07-01

    The present publication is dedicated to renewable energies. The move to a new energy and climate policy impinges on many central humanistic issues (including issues of a legal, economic, sociological, ethical and politological nature). How is it possible to resolve the ambivalences that are associated with the use of renewable energies and which draw our attention not only to renewable energies as such but also to issues of energy efficiency and sufficiency. What political and economic instruments are needed in order to accelerate the market entry of renewable energies and at the same time contain the ambivalences associated with them? And what questions of legal interpretation result from the application of such instruments in practice, be it in the context of subsidies under the Renewable Energy Law or the laws on the planning of building projects. And where lie the causes of the fact seen here that so many individuals in business, the political realm and the public at large are finding it hard to go with the transition to renewable energies?.

  12. The Private Legal Governance of Domain Names

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    . the UDRP (WIPO) and the Danish Complaints Board for Internet Domain Names (the Board) to discuss how and to what extent the domain name system balances interests between trademark owners and other users of domain names and secures the rule of law (legal certainty and predictability) with a special focus...

  13. 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.

  14. Towards good environmental governance in Europe

    NARCIS (Netherlands)

    Heldeweg, Michiel A.

    2005-01-01

    This article is about good governance, as presented in the 2001 EC White Paper, in relation to environmental legal policy making in Europe. First a concise analysis is made of the concept of good governance. Then, in a ``tour d’horizon’’, environmental policy programmes, legal cornerstones and

  15. Legal Reform, De-colonization and State-building in Palestine ...

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

    Legal Reform, De-colonization and State-building in Palestine. Demands for legal reform have come from both inside and outside Palestine. Inside Palestine, legal reform is seen as a prerequisite for democracy and good governance. Outside, legal reform is perceived as integral to the continued peace process with Israel.

  16. Challenges of Governing Second-Growth Forests: A Case Study from the Brazilian Amazonian State of Pará

    Directory of Open Access Journals (Sweden)

    Ima Célia Guimarães Vieira

    2014-07-01

    Full Text Available Despite the growing ecological and social importance of second-growth and regenerating forests across much of the world, significant inconsistencies remain in the legal framework governing these forests in many tropical countries and elsewhere. Such inconsistencies and uncertainties undermine attempts to improve both the transparency and sustainability of management regimes. Here, we present a case-study overview of some of the main challenges facing the governance of second-growth forests and the forest restoration process in the Brazilian Amazon, with a focus on the state of Pará, which is both the most populous state in the Amazon and the state with the highest rates of deforestation in recent years. First, we briefly review the history of environmental governance in Brazil that has led to the current system of legislation governing second-growth forests and the forest restoration process in Pará. Next, we draw on this review to examine the kinds of legislative and operational impediments that stand in the way of the development and implementation of a more effective governance system. In particular, we highlight problems created by significant ambiguities in legal terminology and inconsistencies in guidance given across different levels of government. We also outline some persistent problems with the implementation of legal guidance, including the need to understand local biophysical factors in order to guide an effective restoration program, as well as difficulties presented by access to technical assistance, institutional support and financial resources for the establishment and monitoring of both existing secondary forests and newly regenerating areas of forest. Whilst we focus here on a Brazilian case study, we suggest that these kinds of impediments to the good governance of second-growth forests are commonplace and require more concerted attention from researchers, managers and policy makers.

  17. AGILE: a methodology for Advanced Governance of Information services through Legal Engineering

    NARCIS (Netherlands)

    Boer, A.; Sileno, G.

    2013-01-01

    To address agility in public administration, the Agile project developed a reference knowledge acquisition infrastructure for legal knowledge, based on a dynamic and design-oriented conceptualization of the legal system. The main objective of the project was to reframe legal knowledge as a knowledge

  18. EUROPEAN INFLUENCE ON ETHIOPIAN ANTITRUST REGIME:

    African Journals Online (AJOL)

    eliasn

    Introduction. Despite a noticeable European influence on the Ethiopian competition legal regime, some aspects of Ethiopia's 2003 Trade Practice Proclamation are still inadequate to appropriately deal with certain competition problems. The limitations of the rules need to be put right since achievement of the very goals of ...

  19. 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.

  20. Transformative environmental governance

    Science.gov (United States)

    Transformative governance is an approach to environmental governance that has the capacity to respond to, manage, and trigger regime shifts in coupled social-ecological systems (SESs) at multiple scales. The goal of transformative governance is to actively shift degraded SESs to ...

  1. Global Governance of Climate Change The Paris Agreement as a New Component of the UN Climate Regime

    Directory of Open Access Journals (Sweden)

    David A. Wirth

    2017-12-01

    Full Text Available The Paris Agreement, which was adopted in December 2015 and entered into force less than a year later, is the newest instrument to be adopted in the United Nations-sponsored global climate regime. The Paris Agreement takes its place under the 1992 Framework Convention on Climate Change and next to the 1997 Kyoto Protocol and 2012 Doha Amendment. After describing the historical evolution of the UN climate regime employing the tools of international law, this Article explores the structural, institutional, and legal relationships between the new Paris Agreement and the prior development and content of UN-sponsored efforts on climate protection under the auspices of the 1992 Framework Convention. The need for such an analysis is particularly urgent because the new instrument was purposely not identified as a “protocol,” and its relationship to the prior Kyoto Protocol is unclear. This Article consequently traces the development of the universal, UN-anchored climate regime from its origins in the 1990s to the present moment, with particular attention to the structural relationship among its various components and historical junctures. The Article then examines the text and structure of the Paris Agreement, along with its context, against this background. The significance of the Agreement’s status as an instrument other than a “protocol,” and its uncertain textual and institutional relationship to the prior Kyoto Protocol, receive particular scrutiny. The Article concludes that the Paris Agreement, from a structural and institutional point of view, represents both a break with the past designed to initiate a new, globally-inclusive multilateral approach to climate protection, but also contains indications of continuity with prior questions of global climate policy.

  2. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

  3. BRICS COUNTRIES’ POLITICAL AND LEGAL PARTICIPATION IN THE GLOBAL CLIMATE CHANGE AGENDA

    Directory of Open Access Journals (Sweden)

    E. Gladun

    2016-01-01

    Full Text Available The article presents an overview and analysis of international legal regulations on climate change. The authors examine how the international regime related to climate change has evolved in multilateral agreements. A special focus is put on the principle of common but differentiated responsibilities which became the basis of discord among states in discussing targets and responsibilities in climate change mitigation. The authors note that in 2015 the international climate change regime entered a new stage where the most important role is determined for developing countries, both in the legal and in the financial infrastructure, and in the formation of an international climate change policy.The importance of the participation of Brazil, Russia, India, China, and South Africa (BRICS in an international climate change regime has been recognized for some time. The article describes the policy and regulations on climate-related issues in BRICS. The authors compare the key actions and measures BRICS have taken for complying with international climate change documents. They highlight that global climate change action cannot be successful without BRICS countries’ involvement. BRICS must therefore make adequate efforts in emissions reduction measures and significant commitments in respect of the international climate change regime. The authors propose three major steps for BRICS to take the lead in dealing with climate change. First, BRICS need to foster further discussion and cooperation on climate issues and work out an obligatory legal framework to fight climate change collectively as well as unified legislation at their domestic levels. Second, Russia and other BRICS countries have the potential to cooperate in the field of renewable energy through the exchange of technology, investment in the sector, and the participation of their energy companies in each other’s domestic market. Assuming Russia will support the development and enhancement of

  4. Law guide for photovoltaic installations: Array installation; Connecting the grid; Financing; The new legal regime implemented in 2011; Is green taxing still so green?; Which judge will bring the light?: Reactions of actors

    International Nuclear Information System (INIS)

    Ferracci, Vanina; Vandervorst, Alain; Tixier, Jean-Luc; Barthelemy, Christophe; Cloche-Dubois, Celine; Tenailleau, Francois; Rubio, Aurore-Emmanuelle; Pechamat, Olivier; Gandet, Stephanie; Deharbe, David; Rousset, Alain; Boedec, Morgan; Joffre, Andre; Blosseville, Thomas; Meunier, Stephane; Maincent, Guillaume

    2011-01-01

    The authors discuss legal issues and aspects regarding photovoltaic installations in France: the array installation (constraints related to urban planning: rules, authorizations and competencies when setting up on the ground or on buildings, urban taxes, estate issues), the connection to the grid, the financing (electricity prices, partnership contract), the new legal regime implemented in 2011, the question whether green taxing is still sufficiently attractive, the dispute about the mandatory purchase mechanism, and the attitude of the different actors (notably local communities, and industries) in front of the decrease of purchase prices

  5. 'Good Governance' dan 'Governability'

    Directory of Open Access Journals (Sweden)

    - Pratikno

    2005-03-01

    Full Text Available The article endeavors to trace the outset of governance concept, its dominant meanings and discourse, and its implication towards governability. The central role of government in the governing processes has predominantly been adopted. The concept of governance was emerged precisely in the context of the failure of government as key player in regulation, economic redistribution and political participation. Governance is therefore aimed to emphasize pattern of governing which are based both on democratic mechanism and sound development management. However, practices of such good governance concept –which are mainly adopted and promoted by donor states and agencies– tend to degrade state and/or government authority and legitimacy. Traditional function of the state as sole facilitator of equal societal, political and legal membership among citizens has been diminished. The logic of fair competition has been substituted almost completely by the logic of free competition in nearly all sectors of public life. The concept and practices of good governance have resulted in decayed state authority and failed state which in turn created a condition for "ungovernability". By promoting democratic and humane governance, the article accordingly encourages discourse to reinstall and bring the idea of accountable state back in.

  6. Comprehensive review of the maritime safety regimes.

    NARCIS (Netherlands)

    S. Knapp (Sabine); Ph.H.B.F. Franses (Philip Hans)

    2007-01-01

    textabstractThis report presents a comprehensive review of the maritime safety regimes and provides recommendations on how to improve the system. The results show a complex legal framework which generates a high amount of inspections and overlapping of inspection areas where no cross-recognition is

  7. 4 CFR 83.18 - Rights of legal guardians.

    Science.gov (United States)

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Rights of legal guardians. 83.18 Section 83.18 Accounts GOVERNMENT ACCOUNTABILITY OFFICE RECORDS PRIVACY PROCEDURES FOR PERSONNEL RECORDS § 83.18 Rights of legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual...

  8. 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.

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

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

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

  10. Natural gas: Governments and oil companies in the Third World

    International Nuclear Information System (INIS)

    Davidson, A.; Hurst, C.; Mabro, R.

    1988-01-01

    It is asserted that oil companies claim to be generally receptive to gas development proposals; however, the lack of potential markets for gas, problems of foreign exchange convertibility, and lack of a legal framework often hinders their engagement. Governments, on the other hand, need to secure domestic energy supply and, if possible, gain some export earnings or royalties. An extensive discussion on the principles of pricing and fiscal regimes, potential points of disagreement is provided. A course of action is outlined from the managerial point of view to circumvent the most common pitfalls in planning and financing a gas project. Eight very detailed case studies are presented for Argentina, Egypt, Malaysia, Nigeria, Pakistan, Tanzania, Tunisia and Thailand

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

    International Nuclear Information System (INIS)

    Darson, Alice

    2015-01-01

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

  12. A law & economics approach to the study of integrated management regimes of estuaries

    NARCIS (Netherlands)

    van de Griendt, W.E.

    2004-01-01

    In this paper it is proposed to analyse legal regimes for integrated management of estuaries with the help of institutional legal theory and the Schlager & Ostrom framework for types of ownership. Estuaries are highly valued and valuable and therefore need protection. The problem is that they

  13. 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

  14. 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.

  15. Legal status of crew members on pleasure craft and vessels used in nautical tourism

    Directory of Open Access Journals (Sweden)

    Giovanni Marchiafava

    2018-02-01

    Full Text Available The paper aims at examining the issues related to the legal status of crew members of pleasure craft and vessels used in nautical tourism from an Italian perspective. Firstly, the definition of crew and its composition on pleasure craft and vessels is examined. Additionally, the legal regime of crew members together with the crew on-board documentation, is discussed. Furthermore, the main similarities and dissimilarities of the crew regime according to the type of pleasure craft and vessel and their use, as well as, the on-board services, is dealt with. Finally, the issue related to the legal classification of ‘’guests’’, undertaking complementary on-board services of pleasure craft and vessels is considered.

  16. Organizing irresponsibility? The (inter)national management of a nuclear accident damages as discursive regime

    International Nuclear Information System (INIS)

    Topcu, Sezin

    2014-01-01

    This article analyzes the historical process related to the international organization of responsibilities and the management of the damages in case of a nuclear disaster. The author shows that the political and legal settings on which the discourse of an 'international regime of civil responsibility' (that emerged in the 1960's) relies, have globally aimed at maintaining a 'historical and spectacular gap' between the damages the nuclear operators are taking responsibility for, and the real and extensive damages engendered by a major accident. She argues that the existence of such a 'gap' is inherent to the nuclear sector, that it is a form of government (both of economic affairs and of the public space) which was historically constructed, and that the existence of such a gap is crucial for the survival of the nuclear industry itself. Thus the notion of 'responsibility' in the nuclear sector appears to serve mainly as a discursive regime, as a means to organize not only responsibilities but also irresponsibilities, whatever the geographic scale (national or international) at which they should be managed

  17. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

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

  18. Nordic Corporate Governance Revisited

    DEFF Research Database (Denmark)

    Thomsen, Steen

    2016-01-01

    This paper reviews the key elements of the Nordic governance model, which include a distinct legal system, high governance ratings and low levels of corruption. Other characteristics include concentrated ownership, foundation ownership, semi two-tier board structures, employee representation...

  19. Setting the stage for the EPOS ERIC: Integration of the legal, governance and financial framework

    Science.gov (United States)

    Atakan, Kuvvet; Bazin, Pierre-Louis; Bozzoli, Sabrina; Freda, Carmela; Giardini, Domenico; Hoffmann, Thomas; Kohler, Elisabeth; Kontkanen, Pirjo; Lauterjung, Jörn; Pedersen, Helle; Saleh, Kauzar; Sangianantoni, Agata

    2017-04-01

    EPOS - the European Plate Observing System - is the ESFRI infrastructure serving the need of the solid Earth science community at large. The EPOS mission is to create a single sustainable, and distributed infrastructure that integrates the diverse European Research Infrastructures for solid Earth science under a common framework. Thematic Core Services (TCS) and Integrated Core Services (Central Hub, ICS-C and Distributed, ICS-D) are key elements, together with NRIs (National Research Infrastructures), in the EPOS architecture. Following the preparatory phase, EPOS has initiated formal steps to adopt an ERIC legal framework (European Research Infrastructure Consortium). The statutory seat of EPOS will be in Rome, Italy, while the ICS-C will be jointly operated by France, UK and Denmark. The TCS planned so far cover: seismology, near-fault observatories, GNSS data and products, volcano observations, satellite data, geomagnetic observations, anthropogenic hazards, geological information modelling, multiscale laboratories and geo-energy test beds for low carbon energy. In the ERIC process, EPOS and all its services must achieve sustainability from a legal, governance, financial, and technical point of view, as well as full harmonization with national infrastructure roadmaps. As EPOS is a distributed infrastructure, the TCSs have to be linked to the future EPOS ERIC from legal and governance perspectives. For this purpose the TCSs have started to organize themselves as consortia and negotiate agreements to define the roles of the different actors in the consortium as well as their commitment to contribute to the EPOS activities. The link to the EPOS ERIC shall be made by service agreements of dedicated Service Providers. A common EPOS data policy has also been developed, based on the general principles of Open Access and paying careful attention to licensing issues, quality control, and intellectual property rights, which shall apply to the data, data products

  20. Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

    Directory of Open Access Journals (Sweden)

    Saldi Isra

    2017-08-01

    Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

  1. Local governments' roles of the compensation for damage by the Tokai JCO criticality accident

    International Nuclear Information System (INIS)

    Tanabe, Tomoyuki

    2003-01-01

    The Tokai JCO criticality accident on September 30, 1999 was the first case to which The Law on Compensation for Nuclear Damage was applied. Although the Law on Compensation for Nuclear Damage formulates the outline of the institutional framework for nuclear third party liability together with operator's insurance scheme, details of actual compensation procedure are not specified. By this reason, the compensation procedure in the Tokai accident had been executed without a concrete legal specification and a precedent. In spite of this situation, the compensation procedure with the accident led to an unexpectedly successful result. We observe the several reasons why the compensation procedure was implemented successfully despite the lack of concrete legal specification and a precedent. One of the reasons is that the local governments, Tokai Village and Ibaraki Prefecture, immediately took the leadership in implementing a temporary regime of compensation procedure without wasting time for waiting national government's directives. Upon practicing this compensation procedure, the local governments implemented the following steps. (1) Initial estimation of the amount and scope of damage. (2) Providing the criteria and heads of damage subject to compensation. (3) Unitary compensation procedure at the local levels. (4) Distribution of emergency payments for the victims. (5) Facilitating compensatory negotiation between the victims and JCO as arbitrator. However, some concerns are also pointed out about the fact that the local government directed the whole procedure without sufficient adjustment with the national government for compensation policy. Among all, in the compensation led by the local governments, it was difficult to guarantee fairness of compensation because victims who are influential on the local government such as industrial associations would have unfairly strong negotiation power in the compensatory negotiation, while the operator being responsible for the

  2. CONSIDERATION ON THE LEGAL REGIME APPLICABLE TO INTERNATIONAL TOURISM CONTRACTS

    Directory of Open Access Journals (Sweden)

    Serban-Alexandru STANESCU

    2017-07-01

    Full Text Available Upon conclusion of an international tourism contract, the contracting parties - one of which (the beneficiary acts as the consumer – are facing legal difficulties, which are addressed by this study from the perspective of the interference between the national law and the European Union law. Thus, one of the primary issues considered herein is that concerning the determination of the applicable law based on which the rights and obligations of the contracting parties are to be established. Secondly, this study examines the applicable procedural rules in the case where a Romanian court is requested to settle a dispute arising from an international tourism contract. Finally, the study deals with the hypothesis where a dispute arising from such a contract is settled by a foreign court, and in particular with the effects of the judgment given by the foreign court on the territory of Romania. The above mentioned issues are the grounds behind this research on the legal status of international tourism contracts, in addition to the fact that, despite the rich contractual practice in the field under consideration, the amount of specialized literature on this subject is rather limited.

  3. Legal and institutional frameworks for government relations with citizens

    International Nuclear Information System (INIS)

    Caddy, J.

    2000-01-01

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

  4. Transition from the constant ion mobility regime to the ion-atom charge-exchange regime for bounded collisional plasmas

    International Nuclear Information System (INIS)

    Poggie, Jonathan; Sternberg, Natalia

    2005-01-01

    A numerical and analytical study of a planar, collisional, direct-current, plasma-wall problem is presented. The fluid model for the problem is first validated by comparing numerical solutions with experimental data for low-pressure (∼0.1 Pa) electrode sheaths with wall potentials on the order of -100 V. For electric potential, ion number density, and ion velocity, good agreement was found between theory and experiment from within the sheath out to the bulk plasma. The frictional drag resulting from ion-neutral collisions is described by a model incorporating both linear and quadratic velocity terms. In order to study the transition from the constant ion mobility regime (linear friction) to the ion-atom charge-exchange collision regime (quadratic friction), the theoretical model was examined numerically for a range of ion temperatures and ion-neutral collision rates. It was found that the solution profiles in the quasineutral plasma depend on the ion temperature. For low ion temperatures they are governed mainly by the ion-atom charge-exchange regime, whereas for high temperatures they are governed by the constant ion mobility regime. Quasineutral plasma models corresponding to these two limiting cases were solved analytically. In particular, an analytical plasma solution is given for the ion-atom charge exchange regime that includes the effects of ion inertia. In contrast to the quasineutral plasma, the sheath is always governed for low to moderate collision rates by the ion-atom charge-exchange regime, independent of the ion temperature. Varying the collision rate, it was shown that when the wall potential is sufficiently high, the sheath cannot be considered collisionless, even if the collision rate is quite small

  5. 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

  6. Measuring the effectiveness of international environmental regimes

    Energy Technology Data Exchange (ETDEWEB)

    Helm, C.; Sprinz, D.F.

    1999-05-01

    While past research has emphasized the importance of international regimes for international governance, systematic assessments of regime effects are missing. This article derives a standardized measurement concept for the effectiveness of international environmental regimes by developing an operational rational choice calculus to evaluate actual policy simultaneously against a non-regime counterfactual and a collective optimum. Subsequently, the empirical feasibility of the measurement instrument is demonstrated by way of two international treaties regulating transboundary air pollution in Europe. The results demonstrate that the regimes indeed show positive effects - but fall substantially short of the collective optima. (orig.)

  7. 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.

  8. Tax administration good governance

    NARCIS (Netherlands)

    Végh, Gyöngyi; Gribnau, Hans

    2018-01-01

    There is no doubt that tax administration is a complex matter. It is institutionalised by a governance framework which is strongly influenced by legal traditions, state governance approaches, historical developments, and norms and values of society. While there are many common aspects of national

  9. Resilience in Transboundary Water Governance: the Okavango River Basin

    Directory of Open Access Journals (Sweden)

    Olivia O. Green

    2013-06-01

    Full Text Available When the availability of a vital resource varies between times of overabundance and extreme scarcity, management regimes must manifest flexibility and authority to adapt while maintaining legitimacy. Unfortunately, the need for adaptability often conflicts with the desire for certainty in legal and regulatory regimes, and laws that fail to account for variability often result in conflict when the inevitable disturbance occurs. Additional keys to resilience are collaboration among physical scientists, political actors, local leaders, and other stakeholders, and, when the commons is shared among sovereign states, collaboration between and among institutions with authority to act at different scales or with respect to different aspects of an ecological system. At the scale of transboundary river basins, where treaties govern water utilization, particular treaty mechanisms can reduce conflict potential by fostering collaboration and accounting for change. One necessary element is a mechanism for coordination and collaboration at the scale of the basin. This could be satisfied by mechanisms ranging from informal networks to the establishment of an international commission to jointly manage water, but a mechanism for collaboration at the basin scale alone does not ensure sound water management. To better guide resource management, study of applied resilience theory has revealed a number of management practices that are integral for adaptive governance. Here, we describe key resilience principles for treaty design and adaptive governance and then apply the principles to a case study of one transboundary basin where the need and willingness to manage collaboratively and iteratively is high - the Okavango River Basin of southwest Africa. This descriptive and applied approach should be particularly instructive for treaty negotiators, transboundary resource managers, and should aid program developers.

  10. The legal regime of corruption in Ethiopia: an assessment from ...

    African Journals Online (AJOL)

    Corruption is a universal problem which compromises people's quest for development, peace, democracy, and human rights though its degree of severity varies. Due to its universality, there was global campaign against corruption and has resulted in an international regime of law. Law is one of the strategies of combating ...

  11. 48 CFR 13.004 - Legal effect of quotations.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Legal effect of quotations... CONTRACTING METHODS AND CONTRACT TYPES SIMPLIFIED ACQUISITION PROCEDURES 13.004 Legal effect of quotations. (a) A quotation is not an offer and, consequently, cannot be accepted by the Government to form a...

  12. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  13. The “Rules of Engagement”: A Socio-legal Framework for Improving Community Engagement in Natural Resource Governance

    Directory of Open Access Journals (Sweden)

    Tanya Howard

    2015-12-01

    Full Text Available Increasing community action in natural resource governance is commonly seen as a pathway for improving decision making, enabling increased on-ground activity and facilitating widespread acceptance of government and industry legitimacy in managing natural resources. Other perspectives on community engagement see the promise of enriching existing or emerging democratic values by addressing the limitations of representative governance. While the practice of community engagement has been well described, more work needs to be done to understand the institutional factors that contribute to the expectations attached to these practices, and how the role of community in natural resource governance can be improved.This article presents findings from a review of academic and practitioner literature on the topics of community engagement and natural resource governance. 127 articles were reviewed and the resulting conceptual framework is described. A thematic analysis of the data-set was then conducted to further clarify and extend the research question. The results reveal a persistent focus on practical aspects of engaging community, without sufficient analysis of how institutional dynamics such as legal requirements, policy drivers and implementation contexts impact on the realities of community environmental governance. The paper concludes with future research directions in the pursuit of improving the role of community in natural resource governance. It is expected that the insights generated through this article will have relevance to other modern democratic societies and be of interest to environmental lawyers, policy makers and community advocates. El aumento de la acción comunitaria en la gobernanza de los recursos naturales habitualmente se percibe como una vía para mejorar la toma de decisiones ya que permite aumentar la actividad sobre el terreno, y facilita la aceptación generalizada de la legitimidad del gobierno y la industria a la hora de

  14. The French regime of civil liability for nuclear

    International Nuclear Information System (INIS)

    Leger, Marc

    2013-01-01

    As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

  15. Trust in regulatory regimes

    NARCIS (Netherlands)

    Six, Frédérique; Verhoest, Koen

    2017-01-01

    Within political and administrative sciences generally, trust as a concept is contested, especially in the field of regulatory governance. This groundbreaking book is the first to systematically explore the role and dynamics of trust within regulatory regimes. Conceptualizing, mapping and analyzing

  16. Local governments' roles of the compensation for damage by the Tokai JCO criticality accident

    Energy Technology Data Exchange (ETDEWEB)

    Tanabe, Tomoyuki [Central Research Inst. of Electric Power Industry, Tokyo (Japan). Socio-Economic Research Center

    2003-03-01

    The Tokai JCO criticality accident on September 30, 1999 was the first case to which The Law on Compensation for Nuclear Damage was applied. Although the Law on Compensation for Nuclear Damage formulates the outline of the institutional framework for nuclear third party liability together with operator's insurance scheme, details of actual compensation procedure are not specified. By this reason, the compensation procedure in the Tokai accident had been executed without a concrete legal specification and a precedent. In spite of this situation, the compensation procedure with the accident led to an unexpectedly successful result. We observe the several reasons why the compensation procedure was implemented successfully despite the lack of concrete legal specification and a precedent. One of the reasons is that the local governments, Tokai Village and Ibaraki Prefecture, immediately took the leadership in implementing a temporary regime of compensation procedure without wasting time for waiting national government's directives. Upon practicing this compensation procedure, the local governments implemented the following steps. (1) Initial estimation of the amount and scope of damage. (2) Providing the criteria and heads of damage subject to compensation. (3) Unitary compensation procedure at the local levels. (4) Distribution of emergency payments for the victims. (5) Facilitating compensatory negotiation between the victims and JCO as arbitrator. However, some concerns are also pointed out about the fact that the local government directed the whole procedure without sufficient adjustment with the national government for compensation policy. Among all, in the compensation led by the local governments, it was difficult to guarantee fairness of compensation because victims who are influential on the local government such as industrial associations would have unfairly strong negotiation power in the compensatory negotiation, while the operator being

  17. Framing of regimes and transition strategies

    DEFF Research Database (Denmark)

    Jensen, Jens Stissing

    2012-01-01

    This article suggests that transition strategies are always formulated in the context of specific representations of the regime and the challenges it faces. It is argued that the framing of a regime affects the envisioning of transition strategies. An analysis of the current development agenda...... for the housing construction sector in Denmark reveals the relevance and impacts of different regime framings. It is proposed that the ability to cope with framing issues as situated and political processes is at the core of the governance of transitions....

  18. LEGAL REGULATIONS REGARDING UNFAIR TERMSIN BANK LOAN CONTRACTS

    Directory of Open Access Journals (Sweden)

    Mariana Rodica ȚÎRLEA

    2014-11-01

    The purpose of this study to identify the legal framework governing unfair terms in the sequence of their appearance at a national and European Union’s level and the implementation and harmonization with the general conditions governing consumer credit.

  19. Progress towards a global nuclear liability regime

    International Nuclear Information System (INIS)

    2014-01-01

    During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

  20. Impacts of nonstate, market-driven governance on Chilean forests.

    Science.gov (United States)

    Heilmayr, Robert; Lambin, Eric F

    2016-03-15

    Global markets for agricultural products, timber, and minerals are critically important drivers of deforestation. The supply chains driving land use change may also provide opportunities to halt deforestation. Market campaigns, moratoria, and certification schemes have been promoted as powerful tools to achieve conservation goals. Despite their promise, there have been few opportunities to rigorously quantify the ability of these nonstate, market-driven (NSMD) governance regimes to deliver conservation outcomes. This study analyzes the impacts of three NSMD governance systems that sought to end the conversion of natural forests to plantations in Chile at the start of the 21st century. Using a multilevel, panel dataset of land use changes in Chile, we identify the impact of participation within each of the governance regimes by implementing a series of matched difference-in-differences analyses. Taking advantage of the mosaic of different NSMD regimes adopted in Chile, we explore the relative effectiveness of different policies. NSMD governance regimes reduced deforestation on participating properties by 2-23%. The NSMD governance regimes we studied included collaborative and confrontational strategies between environmental and industry stakeholders. We find that the more collaborative governance systems studied achieved better environmental performance than more confrontational approaches. Whereas many government conservation programs have targeted regions with little likelihood of conversion, we demonstrate that NSMD governance has the potential to alter behavior on high-deforestation properties.

  1. 42 CFR 494.180 - Condition: Governance.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Condition: Governance. 494.180 Section 494.180... Administration § 494.180 Condition: Governance. The ESRD facility is under the control of an identifiable governing body, or designated person(s) with full legal authority and responsibility for the governance and...

  2. 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

  3. Groundwater Challenges of the Lower Rio Grande: A Case Study of Legal Issues in Texas and New Mexico

    Directory of Open Access Journals (Sweden)

    Elizabeth Wheat

    2015-03-01

    Full Text Available In 1938, Texas, New Mexico, and Colorado signed the Rio Grande Compact, establishing terms of apportionment for some of the water from the Rio Grande for the three states. Following congressional approval in 1939, this compact governs water allocation in a region with a variable climate and frequent drought conditions and established the Rio Grande Compact Commission, comprised of a commissioner from each state and one from the federal government, to enforce the compact. With an increasing population and declining surface water supply, the Compact has been tested among the parties and within the states themselves. In a case currently before the U.S. Supreme Court, Texas v. New Mexico and Colorado (2013, Texas claims New Mexico is violating the Compact and Rio Grande Project Act by using water in excess of its apportionment through its allowance of diversions of surface and groundwater. The issue is further compounded by disputes within Texas over separate legal regimes for groundwater and surface water. Combined with growing scarcity issues, the allocation of water in the Lower Rio Grande presents a timely natural resource challenge. This review explores legal issues involved in the case as well as growing challenges of population growth, agricultural development needs, and water shortages.

  4. Assessing Management Regimes in Transboundary River Basins: Do They Support Adaptive Management?

    Directory of Open Access Journals (Sweden)

    G.T. (Tom Raadgever

    2008-06-01

    Full Text Available River basin management is faced with complex problems that are characterized by uncertainty and change. In transboundary river basins, historical, legal, and cultural differences add to the complexity. The literature on adaptive management gives several suggestions for handling this complexity. It recognizes the importance of management regimes as enabling or limiting adaptive management, but there is no comprehensive overview of regime features that support adaptive management. This paper presents such an overview, focused on transboundary river basin management. It inventories the features that have been claimed to be central to effective transboundary river basin management and refines them using adaptive management literature. It then collates these features into a framework describing actor networks, policy processes, information management, and legal and financial aspects. Subsequently, this framework is applied to the Orange and Rhine basins. The paper concludes that the framework provides a consistent and comprehensive perspective on transboundary river basin management regimes, and can be used for assessing their capacity to support adaptive management.

  5. 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.

  6. Corporate and public governances in transition: the limits of property rights and the significance of legal institutions

    Directory of Open Access Journals (Sweden)

    Jean-François Nivet

    2004-12-01

    Full Text Available Post-socialist transition raises crucial issues about the institutional setting of a market economy. The priority has been given to property rights, and privatization has been advocated as a means to depoliticize economic activities. The dismissal of external interventions, allied with the attraction to the American model and Hayekian ideas, often led to the introduction of minimal laws and wait for their evolutionary development. The failure of corporate and public governance, notably in Russia, helps to show why, on the contrary, democratically established legal rules are essential. Legislation should not only protect corporate shareholders and stakeholders, but more fundamentally all citizens against predatory collusive behavior of political, economic and criminal elites

  7. Consulting and Audit Canada report on the Canadian Coast Guard's stakeholder consultations respecting enhanced governance for Canada's Marine Oil Spill Preparedness and Response Regime

    International Nuclear Information System (INIS)

    1999-09-01

    In 1998 a discussion paper, entitled 'Proposed adjustments to the governance of Canada's marine oil spill preparedness and response regime' was developed and released in a effort to provide a basis for stakeholder discussions on longer term governance issues. Four key elements were discussed in the discussion paper: accountability of responding organizations; enhanced protection of wildlife; the subsidization of the polluter by the Canadian Coast Guard when it takes command of a spill; and maintaining a national system over time. Recipients were asked to respond by April 1999. Public meetings were held in each region to explain key issues and proposals. This report outlines the major themes raised by the different stakeholders in their responses, and provides the broad outlines of the steps that the Department of Fisheries and Oceans intends to take in reply. Detailed summaries of the responses and other relevant documentation are included in five appendices (not attached to this summary report). In general, the proposed governance structures were broadly supported by Canadian industry, with certain adjustments. Concerns were raised over the narrow focus of the existing Regime which does not address the questions of research and development. There was also concern about Canada's ability to manage an effective response to a large spill

  8. Accountability Challenges in the Transnational Regime Complex for Climate Change

    OpenAIRE

    Widerberg, O.E.; Pattberg, P.H.

    2017-01-01

    This article discusses challenges to accountability in the context of transnational climate governance. It argues that the emergence of a distinct transnational regime complex and the increasingly integrated structure of international and transnational climate governance create new challenges for using established analytical frameworks that rely on accountability regimes for individual actor types. Instead, studying accountability requires a system-level conceptualization and a revisiting of ...

  9. Regulatory Governance

    DEFF Research Database (Denmark)

    Kjær, Poul F.; Vetterlein, Antje

    2018-01-01

    Regulatory governance frameworks have become essential building blocks of world society. From supply chains to the regimes surrounding international organizations, extensive governance frameworks have emerged which structure and channel a variety of social exchanges, including economic, political...... by the International Transitional Administrations (ITAs) in Kosovo and Iraq as well as global supply chains and their impact on the garment industry in Bangladesh....

  10. The International Legal Personality of the Individual

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical...... to transform during the second half of the twentieth century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows......, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights...

  11. Aspects of an amendment of the regime of third party liability and financial security under atomic energy law in the 1990s

    International Nuclear Information System (INIS)

    Pelzer, N.

    1991-01-01

    The existing regime of third party liability and financial security applicable in the FRG basically is an up-to-date and risk-adequate system of compensation for nuclear damage. This is particularly true since unrestricted financial liability has been introduced. The legal provisions offer adequate protection of interests of possible victions of a nuclear accident without inflicting unreasonable hardship on liable persons. The expert opinion discusses the limits, purposes and subjects of a possible amendment of the nuclear liability law, referring to items such as: principles of liability, financial security, commitment of the Federal Government; the concept of definition of damage, time limit to claims. Points of main interest for a future improvement are stated to be the yet unsolved strict liability problem, the organizational scheme of settlement of claims, and an international nuclear liability regime, the so-called system of risk pooling. (orig./HSCH) [de

  12. Do consumers substitute opium for hashish? An economic analysis of simultaneous cannabinoid and opiate consumption in a legal regime.

    Science.gov (United States)

    Chandra, Siddharth; Chandra, Madhur

    2015-11-01

    To analyze interrelationships in the consumption of opiates and cannabinoids in a legal regime and, specifically, whether consumers of opiates and cannabinoids treat them as substitutes for each other. Econometric dynamic panel data models for opium consumption are estimated using the generalized method of moments (GMM). A unique dataset containing information about opiate (opium) consumption from the Punjab province of British India for the years 1907-1918 is analyzed (n=252) as a function of its own price, the prices of two forms of cannabis (the leaf (bhang), and the resin (charas, or hashish)), and wage income. Cross-price elasticities are examined to reveal substitution or complementarity between opium and cannabis. Opium is a substitute for charas (or hashish), with a cross price elasticity (βˆ3) of 0.14 (pprice elasticity=0.00, p>0.10). Opium consumption (βˆ1=0.47 to 0.49, pprice (βˆ2=-0.34 to -0.35, pprice and wage income responsiveness (inelasticity) consistent with an addictive substance. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  13. Implementation of corporate governance principles in Romania

    Directory of Open Access Journals (Sweden)

    Ramona Iulia Țarțavulea (Dieaconescu

    2014-12-01

    Full Text Available The paper aims to conduct a study regarding the manner in which corporate governance principles are applied in Romania, in both public and private sector. In the first part of the paper, the corporate governance principles are presented as they are defined in Romania, in comparison with the main international sources of interest in the domain (OECD corporate governance principles, UE legal framework. The corporate governance (CG principles refer to issues regarding board composition, transparency of scope, objectives and policies; they define the relations between directors and managers, shareholders and stakeholders. The research methodology is based on both fundamental research and empirical study on the implementation of corporate governance principles in companies from Romania. The main instrument of research is a corporate governance index, calculated based on a framework proposed by the author. The corporate governance principles are transposed in criteria that compose the framework for the CG index. The results of the study consist of scores for each CG principles and calculation of CG index for seven companies selected from the public and private sector in Romania. The results are analyzed and discussed in order to formulate general and particular recommendations. The main conclusion of this study is that that a legal framework in the area of corporate governance regulation is needed in Romania. I consider that the main CG principles should be enforced by developing a mandatory legal framework.

  14. Towards an international regime on radiation and nuclear safety

    International Nuclear Information System (INIS)

    Gonzalez, A.J.

    2000-01-01

    The 1990s have seen the de facto emergence of what might be called an 'international regime on nuclear and radiation safety'. It may be construed to encompass three key elements: legally binding international undertakings among States; globally agreed international safety standards; and provisions for facilitating the application of those standards. While nuclear and radiation safety are national responsibilities, governments have long been interested in formulating harmonised approaches to radiation and nuclear safety. A principal mechanism for achieving harmonisation has been the establishment of internationally agreed safety standards and the promotion of their global application. The development of nuclear and radiation safety standards is a statutory function of the IAEA, which is unique in the United Nations system. The IAEA Statute expressly authorises the Agency 'to establish standards of safety' and 'to provide for the application of these standards'. As the following articles and supplement in this edition of the IAEA Bulletin point out, facilitating international conventions; developing safety standards; and providing mechanisms for their application are high priorities for the IAEA. (author)

  15. Undocumented Youth Living Between the Lines: Urban Governance, Social Policy, and the Boundaries of Legality in New York City and Paris

    Science.gov (United States)

    Ruszczyk, Stephen P.

    This dissertation compares the transition to adulthood of undocumented youth in New York and Paris, along with analysis of the construction of illegality in each city. In both the United States and France, national restrictions against undocumented immigrants increasingly take the form of deportations and limiting access to social rights. New York City and Paris, however, mitigate the national restrictions in important but different ways. They construct "illegality" differently, leading to different young adult outcomes and lived experiences of "illegality." This project uses seven years of multi-site ethnographic data to trace the effects of these mitigated "illegalities" on two dozen (male) youth. We can begin to understand the variation in these undocumented young men's social lives within and between cities by centering on (1) governance structure, the labyrinth of obtaining rights associated with citizenship, (2) citizenship, the possibility of gaining a legal status, steered in particular by civil society actors, and (3) identity, here centered on youths' negotiation of social mobility with the fear of enforcement. Biographical narratives show the shifts in social memberships as youth transition to new countries, new restrictions at adulthood, and new, limiting work. In New York, most social prospects are flattened as future possibilities are whittled down to ones focusing on family and wages. Undocumented status propels New York informants into an accelerated transition to adulthood, as they take on adult responsibilities of work, paying bills, and developing families. In Paris, youth experience more divergent processes of transitioning to adulthood. Those who are more socially integrated use a civil society actor to garner a (temporary) legal status, which does not lead to work opportunities. Those who are less socially integrated face isolation as they wait to gain status and access to better jobs. Paris undocumented youth are thus characterized by a

  16. An overview of the international regime governing liability for nuclear damage

    International Nuclear Information System (INIS)

    Sturms, W.; Reye, S.

    1995-01-01

    Since 1986, the IAEA has been seized with considerations of all aspects of international nuclear liability, with a view to establishing a comprehensive international regime that would obtain widest adherence. The practical work is currently being done in the IAEA Standing Committee on Liability for Nuclear Damage. The efforts, which were first concentrated on the improvement of the existing civil liability regime, resulted in adoption, in 1988, of the Joint Protocol to the Vienna Convention and the Paris Convention, combining them into one expanded regime. At present, the work is focused on the following questions: (a) Revision of the Vienna Convention: In this context, specific draft amendments are considered relating to some key issues where need for improvement has been recognized, such as geographical scope, application to military installations, expansion of the definition of damage to cover environmental damage, preventative measures and consequential losses, increase of liability limits, provision of funds by the Installation State, extension of time limits for submission of claims, restriction of exonerations, etc. (b) International State liability and its relationship with the civil liability regime: Emphasis is placed on proposals for Installation State involvement in the provision of public funds in addition to compensation paid by the operator. (c) Elaboration of a supplementary funding system to cover damage exceeding compensation available under the Vienna and Paris Conventions

  17. EL RÉGIMEN ECONÓMICO MATRIMONIAL EN EL REINO UNIDO / THE ECONOMIC MATRIMONIAL REGIME IN THE UNITED KINGDOM

    Directory of Open Access Journals (Sweden)

    Alfonso Ortega Giménez

    2017-12-01

    Full Text Available The present paper tries to explain the economic matrimonial regime in the United Kingdom and its differences with the Spanish matrimonial economic regime. It addresses the judicial allocation of the estate according to the principle of equity and their differences and similarities with the legal economic regime of separation of property.

  18. A legal primer for the obesity prevention movement.

    Science.gov (United States)

    Mermin, Seth E; Graff, Samantha K

    2009-10-01

    Public health advocates and scientists working on obesity prevention policy face challenges in balancing legal rights, individual freedom, and societal health goals. In particular, the US Constitution and the 50 state constitutions place limits on the ability of government to act, even in the best interests of the public. To help policymakers avoid crossing constitutional boundaries, we distilled the legal concepts most relevant to formulating policies aimed at preventing obesity: police power; allocation of power among federal, state, and local governments; freedom of speech; property rights; privacy; equal protection; and contract rights. The goal is to allow policymakers to avoid potential constitutional problems in the formation of obesity prevention policy.

  19. Contemporary Legal Issues in Electronic Commerce in Nigeria

    Directory of Open Access Journals (Sweden)

    TI Akomolede

    2008-10-01

    Full Text Available The Internet has no doubt added a great deal to the quality of human life today. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce is as a result of the creation of the internet, through which commercial transactions are conducted between parties from different parts of the world and who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic problems, especially in the developing nations such as Nigeria – problems which pose significance challenges to the legal regime of electronic commerce in those countries. This paper examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria.

  20. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  1. Alternative Dispute Resolution in Ethiopia- A Legal Framework ...

    African Journals Online (AJOL)

    This article will attempt to explore the regime of Alternative Dispute Resolution in Ethiopia, its legal framework, current practices and the way forward. The implication of the need to embrace the use of Alternative Dispute Resolution by all stakeholders was also be analyzed. African Research Review Vol. 2 (2) 2008 pp. 265- ...

  2. One Health, One World—The Intersecting Legal Regimes of Trade, Climate Change, Food Security, Humanitarian Crises, and Migration

    Directory of Open Access Journals (Sweden)

    Kelli K. Garcia

    2012-04-01

    Full Text Available Today’s global health challenges require a multi-sectoral approach in which health is a fundamental value within global governance and international law. “One Health, One World” provides a unified, harmonious vision of global health governance that supports the wellbeing of humans and animals living in a clean and temperate environment. This article focuses on five legal regimes—trade law, food security law, environmental law, humanitarian law, and refugee law—that play a pivotal role in influencing health outcomes and are integral to achieving the One Health, One World vision. International trade, for example, opens markets not only to life-saving products such as vaccines, medicines, and medical equipment, but also to life-threatening products such as tobacco and asbestos. If strengthened and enforced, environmental law can decrease air and water pollution, major causes of death and disability. World hunger has been exacerbated by the global economic crisis and climate change, increasing the urgency for international law to enhance food security. Humanitarian law must similarly be strengthened to protect civilians adequately as the nature of warfare continues to change. Refugee law plays a pivotal role in protecting the health of deeply vulnerable people who lack food, shelter, and social stability. Higher standards and more effective compliance are necessary for international law to realize its full potential to safeguard the world's population.

  3. RÉGIMEN ESPECIAL DE RECONOCIMIENTO DE LA PERSONALIDAD JURÍDICA DE DERECHO PÚBLICO EN LA LEY N19.638: MARCO LEGAL APLICABLE A LAS IGLESIAS CATÓLICA Y ORTODOXA The 19,638 act special regime for the recognition of public law personality: Legal regulation applicable to chatolic and orthodox chruches

    Directory of Open Access Journals (Sweden)

    Jorge Del Picó Rubic

    2012-01-01

    general regime for churches and religious groups lacking this personality by the time the law went into effect and, on the other hand, a special regime for churches that already had this personality that consisted of recognizing this preexisting legal personality, namely, the Roman, Catholic Apostolic Church and the Orthodox Church linked to the Antioch Patriarchy. This article deals with this special regime by shedding light on the legal framework, the direct sources and material context that presided over the regime creation process, and the effects of this regime. it also anticipates a coherent solution for the emerging interpretative issues. Particularly, it analyzes the legal regulation of the Catholic Church from the perspective of the Ecclesiastic Law of the Chilean State, as well as it proposes an interpretation regarding the legal situation of this church that takes aim at solving one of the most debated issues during the legislative process, whose effects lasts up to this day.

  4. The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

    International Nuclear Information System (INIS)

    Zimmermann, B.

    1992-01-01

    The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

  5. The legal discipline of government participation in recent oil and natural gas industry in Brazil; A disciplina juridica das participacoes governamentais na hodierna industria brasileira de petroleo e gas natural

    Energy Technology Data Exchange (ETDEWEB)

    Serafim, Fabrizia Pessoa

    2010-07-01

    This study analyzes the legal discipline of government participation in today's oil and natural gas industry in Brazil, taking as an object of study financial compensation under Law 9.478/97 and those under discussion in Congress as part of the new regulatory framework for areas the pre-salt and other strategic areas. The primary goal of the work is to disseminate knowledge about the government take as a way to facilitate popular control (public governance) in an extremely central to the modern world. (author)

  6. Energy Efficiency Governance

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-07-01

    The purpose of this report is to help EE practitioners, government officials and stakeholders to establish the most effective EE governance structures, given their specific country context. It also aims to provide readers with relevant and accessible information to support the development of comprehensive and effective governance mechanisms. The International Energy Agency (IEA) conducted a global review of many elements of EE governance,including legal frameworks, institutional frameworks, funding mechanisms, co-ordination mechanisms and accountability arrangements, such as evaluation and oversight. The research tools included a survey of over 500 EE experts in 110 countries, follow-up interviews of over 120 experts in 27 countries and extensive desk study and literature searches on good EE governance.

  7. A Brief Study of Legal Problems in the Music Business

    Science.gov (United States)

    Shankman, Ned N.

    1977-01-01

    Individuals who go into music careers will find that they are affected and sometimes governed by particular laws and legal agreements. Provides, as an example of a legal concern of a music career, an examination of a songwriter' contract, particularly the question of sources. (Editor/RK)

  8. Codes of Good Governance

    DEFF Research Database (Denmark)

    Beck Jørgensen, Torben; Sørensen, Ditte-Lene

    2013-01-01

    Good governance is a broad concept used by many international organizations to spell out how states or countries should be governed. Definitions vary, but there is a clear core of common public values, such as transparency, accountability, effectiveness, and the rule of law. It is quite likely......, transparency, neutrality, impartiality, effectiveness, accountability, and legality. The normative context of public administration, as expressed in codes, seems to ignore the New Public Management and Reinventing Government reform movements....

  9. The legal status of sustainable development in the Nigerian ...

    African Journals Online (AJOL)

    Sustainable development underpins environmental governance in all jurisdictions, but its legal status is still controversial. The major problem which Nigerian courts and policy-makers will continue to face when implementing and enforcing sustainable development in environmental governance is whether it is a moral or ...

  10. Detroit regional transit legal structures and governance.

    Science.gov (United States)

    2014-03-01

    Effective governance of transit systems is created through a qualified, representative, informed, diverse, and committed board of : directors that is ultimately accountable for the financial performance and quality of the service in the designated re...

  11. Photovoltaic commercialization: an analysis of legal issues affecting a government-accelerated solar industry

    Energy Technology Data Exchange (ETDEWEB)

    Lamm, D.

    1980-06-01

    The Photovoltaics Research, Development, and Demonstration Act of 1978 is discussed. Legal issues, including solar access, the need for performance standards, the effects of building codes on photovoltaic system use and commercialization, and manufacturer and installer performance guarantees, are examined. Electric utility policies are examined, including interconnection, and rates and legal issues affecting them. (LEW)

  12. Iraq: U.S. Regime Change Efforts and Post-Saddam Governance

    National Research Council Canada - National Science Library

    Katzman, Kenneth

    2004-01-01

    .... Administrations had ruled out major U.S. military action to change Iraq's regime, believing such action would be risky and not necessarily justified by the level of Iraq's lack of compliance on WMD disarmament...

  13. Iraq: U.S. Regime Change Efforts and Post-Saddam Governance

    National Research Council Canada - National Science Library

    Katzman, Kenneth

    2003-01-01

    .... Administrations had ruled out major U.S. military action to change Iraq's regime, believing such action would be risky and not necessarily justified by the level of Iraq's lack of compliance on WMD disarmament...

  14. The Internet and Ethiopia's IP Law, Internet Governance and Legal ...

    African Journals Online (AJOL)

    KM_Yilma & HH_Abraha

    3 Ian Lloyd (2014), Information Technology Law, 7th Edition, Oxford ..... private sector, in the global Internet governance forums has indeed been quite .... Ethiopian government is completely absent from the global internet governance.

  15. The Clean Development Mechanism as a governance problem. Compensate deficits as well as Europe legal and international legal further progress of climate protection regarding to Copenhagen and Cancun; Der Clean Development Mechanism als Governance-Problem. Steuerungsdefizite sowie europarechtliche und voelkerrechtliche Weiterentwicklungen des Klimaschutzes nach Kopenhagen und Cancun

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix; Exner, Anne-Katrin [Rostock Univ. (Germany). Forschungsgruppe Nachhaltigkeit und Klimapolitik

    2011-04-15

    The authors of the contribution analyze the developments in law, legal interpretation issues as well as climate political and development political effects of the Clean Development Mechanism (CDM) as an element of transnational climate change law which is associated with the states and emission trading (ETS). In the basic intention CDM shall achieve a climate-neutral reduction of costs of climate policy at the simultaneous promotion of development political goals where industrial countries may provide their global or European targets of reduction in part by means of measures in emerging or developing countries rather than by means of local climate protection. However, the specific CDM projects prove to be questionable with respect to the climate policy and development policy. This also is related to enforcement problems that represent a variant of the general environment legal problem of the latent 'interest identity of inspectors and controlled persons'. The proposed European legal and the possible international (land use related) developments of the CDM since 2013 and currently in Cancun probably will not change essentially the fundamental but intensify it even more. With all that, at the same time a kind of exemplary governance analysis arises in the context of the ETS by means of one essential part of its aspects - as well as generally in the context to the perspectives of climate policy according to Cancun.

  16. Legality, Racialization, and Immigrants' Experience of Ethnoracial Harassment in Russia.

    Science.gov (United States)

    Agadjanian, Victor; Menjívar, Cecilia; Zotova, Natalya

    2017-11-01

    Using data from a structured survey and in-depth interviews in three Russian cities, our study engages the scholarship on immigration legal regimes and racialization practices to examine the experiences of ethnoracially motivated harassment among working migrant women from Kyrgyzstan, Tajikistan, and Uzbekistan in Russia. The results of statistical analyses show that regularized legal status is associated with a significantly lower likelihood of experiencing harassment at the hands of law enforcement agents and other actors alike. Regardless of legal status, however, the analyses reveal significant variations across the three migrant groups, with members of the group that is seen as racially most distinct from the host population having the highest odds of reporting harassment. The analysis of in-depth interviews confirms and expands on these patterns, providing additional insights into the complex expressions and interplay of legality and race in migrants' everyday experiences. The study findings are situated within the cross-national literature on migrants' legal and ethnoracial exclusion in receiving contexts.

  17. Legality, Racialization, and Immigrants’ Experience of Ethnoracial Harassment in Russia

    Science.gov (United States)

    Agadjanian, Victor; Menjívar, Cecilia; Zotova, Natalya

    2017-01-01

    Using data from a structured survey and in-depth interviews in three Russian cities, our study engages the scholarship on immigration legal regimes and racialization practices to examine the experiences of ethnoracially motivated harassment among working migrant women from Kyrgyzstan, Tajikistan, and Uzbekistan in Russia. The results of statistical analyses show that regularized legal status is associated with a significantly lower likelihood of experiencing harassment at the hands of law enforcement agents and other actors alike. Regardless of legal status, however, the analyses reveal significant variations across the three migrant groups, with members of the group that is seen as racially most distinct from the host population having the highest odds of reporting harassment. The analysis of in-depth interviews confirms and expands on these patterns, providing additional insights into the complex expressions and interplay of legality and race in migrants’ everyday experiences. The study findings are situated within the cross-national literature on migrants’ legal and ethnoracial exclusion in receiving contexts. PMID:29109593

  18. Problems concerning the Federal Government-Laender relationship in nuclear law

    International Nuclear Information System (INIS)

    Lange, K.

    1990-01-01

    The Atomic Energy Act is characterized by extremely extensive powers of decision and sole responsibility of the executive. Its profile is determined by discretionary assessment powers in connection with the interpretation of the given preconditions of pertinent legal standards and by judically not verifiable assessment possibilities in connection with legal consequences. In this situation, the authority to instruct, given to the Federal Government within the framework of the execution of Federal laws by Laender according to the instructions of the Federal Government pursuant to section 85 III Basic Law, is of special, far-reaching significance. The article investigates the limitatations of the Federal Government's power to instruct Laender to carry out activities underlying Federal laws: The burden has to be bearable for the Laender, the directions have to be absolutely clear. The fruitlessness of a Federal Government-Laender court case, in which a Land turns to the Federal Constitutional Court because of an instruction which, in the Land's eyes, would lead it to act unlawfully, does not principally exclude a Land from seeking legal protection in the administrative courts of law. It can only be hoped that the Federal Government will make use of its powers to instruct Laender with the necessary sensitivity, also in those cases when Laender, according to an appropriate decision of the Federal Constitutional Court, cannot enforce by legal proceedings the state's obligation to act in line with legal order. (orig./HSCH) [de

  19. Oil and gas fiscal regimes of the western Canadian provinces

    International Nuclear Information System (INIS)

    1991-11-01

    This report compares the fiscal regimes in British Columbia, Alberta, Saskatchewan and Manitoba. During 1985-1988, federal and provincial governments have made numerous fiscal changes, many in response to the drop in world oil prices. The new fiscal policies generally have reflected governments' willingness to forego revenues in an effort to aid the oil and gas industry, with certain exemptions. Since 1988, changes have reflected trends of consolidation and less government willingness to forego revenues. A federal large corporations capital tax has been introduced, the natural gas exploration holiday in Alberta expired, new oil royalties were introduced, and changes were made in fiscal regimes to accomodate horizontal drilling in Saskatchewan and Manitoba. In this document, the existing corporate tax regime is described. A comparison of fiscal regimes must recognize the differing scale and nature of oil and gas operations among the 4 provinces, with Alberta accounting for 80-90% of Canada's oil and gas productions, while British Columbia, Saskatchewan and Manitoba are much smaller producers. The document describes Crown royalties and incentives and freehold taxes for each type of fuel (crude oil, natural gas, natural gas byproducts, nonconventional oil). 8 figs

  20. A meta-level analysis of major trends in environmental health risk governance

    NARCIS (Netherlands)

    Runhaar, H.A.C.; Driessen, P.P.J.; Bree, L. van; Sluijs, J.P. van der

    2010-01-01

    Internationally but also within countries, large differences exist regarding how environmental health risks (EHRs) are governed. Despite these differences, at a meta-level some general trends can be discerned that may point to a convergence of EHR governance regimes. One, EHR governance regimes are

  1. Taking Tax Revenues Over Local Governments – Some Legal Problems

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2014-09-01

    Full Text Available The power of local government to take over the taxes can lead to conflicts between the local government and another local government (in whose area the property, the building, the plant, the residence and another taxable objects are located. These conflicts are not a matter of relation: the tax authority – the taxpayer. These problems concern the determination which of the local government has the power to take over the tax.

  2. The Protection of Classified Information: The Legal Framework

    National Research Council Canada - National Science Library

    Elsea, Jennifer K

    2006-01-01

    Recent incidents involving leaks of classified information have heightened interest in the legal framework that governs security classification, access to classified information, and penalties for improper disclosure...

  3. A critical review of the Chilean civil nuclear liability regime

    International Nuclear Information System (INIS)

    Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

    2013-01-01

    This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

  4. Government, Money, and International Politics

    OpenAIRE

    Hoppe, Hans-Hermann

    2003-01-01

    In this paper, the author deals with: (1) Definition of government; incentive structure under government: taxation, war and territorial expansion. (2) Origin of money; government and money; the devolution of money from commodity to fiat money. (3) International politics and monetary regimes; monetary imperialism and the drive toward a one-world central bank and fiat currency.

  5. Nuclear Reactors and Their Legal Liability Insurance

    International Nuclear Information System (INIS)

    Ekener, H.

    1999-09-01

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

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

    International Nuclear Information System (INIS)

    Guadarrama A, M.E.

    2000-01-01

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

  7. Biofuel Sustainability and the Formation of Transnational Hybrid Governance

    DEFF Research Database (Denmark)

    Ponte, Stefano; Daugbjerg, Carsten

    2015-01-01

    We examine the transnational governance of biofuel sustainability and its coexistence with the WTO trade regime. The way in which the EU Renewable Energy Directive (RED) is shaping transnational biofuel governance shows deep and mutual dependence between public and private. The EU relies on a pri......We examine the transnational governance of biofuel sustainability and its coexistence with the WTO trade regime. The way in which the EU Renewable Energy Directive (RED) is shaping transnational biofuel governance shows deep and mutual dependence between public and private. The EU relies...

  8. Timelines, borderlines and conflicts: the historical evolution of the legal divide between international and non-international armed conflicts

    NARCIS (Netherlands)

    Bartels, R.

    2009-01-01

    Calls have been made in recent years for the legal distinction between international and non-international armed conflicts to be removed. Also as of late, confusion regarding the applicable legal regime has been created by so-called transnational conflicts involving non-state entities. These

  9. Private actor accountability on international regimes

    Directory of Open Access Journals (Sweden)

    Wahyudi Purnomo

    2017-12-01

    Full Text Available Public-Private Partnerships (PPPs have emerged along with the growing role of corporations in global development. One of the largest forms of PPP today is the UN Global Compact. The UN Global Compact involves of companies, NGOs, IGOs and state governments. All of them are trying to realize globalization with a more humanist face with attention to the protection of human rights, environment, labor standards and anti-corruption. Engaging private actors in global governance, The UN Global Compact raises many issues such as power, authority, and legitimacy. The effort to tackle it all is to increase PPP accountability. This research seeks to describe what efforts can be made to enhance private accountability within the international regime. The research undertaken is a descriptive study, focuses on public-private partnerships in the UN Global Compact regime. The study found that there were two attempts that could be done. First, by involving the stakeholders in the development of procedures, mechanisms, reporting and monitoring associated with trying to improve the company’s reputation. Second, by looking at corporate relations as agent and UN Global Compact as principal in principal-agent relation in the international regime.

  10. Structural and Functional Model of Future Craftsmen Legal Competence Generation during Professional Education

    Science.gov (United States)

    Romantsev, Gennadij M.; Efanov, Andrei V.; Bychkova, Ekaterina Yu.; Moiseev, Andrei V.

    2016-01-01

    Formation of the law-governed state institutions in Russia, development of civil society, need for neutralizing the legal nihilism and generation of public legal culture, state demand for legally competent specialists, representing the public and social value, justify the relevancy of the investigated issue, on the one hand. On the other hand, it…

  11. GOVERNING BOARD OF THE PENSION FUND

    CERN Multimedia

    2003-01-01

    On 8 October the Governing Board of the Pension Fund held its 119th meeting, at which the members continued discussing the requests of ESO. It was noted that the Governing Board's working group as well as CERN's Legal Service and the Administration of the Pension Fund had already spent much time and effort examining the various possible options. In that context, given the considerable legal and financial consequences the requests could have for the Fund, especially regarding amendments to the Rules and Regulations, the investment costs and even administrative overheads associated with the currency overlay, the Governing Board decided that it was appropriate to invite the ESO Director of Administration to come and present ESO's position. At the same meeting, the Governing Board decided to recommend the Director-General to propose to the CERN Council a pension indexation of 0.7%, which was equivalent to the cost-of-living in Geneva up to August 2003 and would ensure purchasing power was maintained. In its reco...

  12. Theoretical Ideas of Local Government and State Government Development

    Directory of Open Access Journals (Sweden)

    Nikolay I. Churinov

    2016-03-01

    Full Text Available In this article the characteristic of a theoretical component of model of interaction of local government bodies with the central government, and also development of scientific base in the course of history is given. Relevance to this subject in the conditions of the Russian reality is added by federalism of a state system of Russia, namely a thin side in questions of competences between bodies of one hierarchy. This article, will be useful to those who deal with issues in the field of the theory of the state and the right and the municipal right. Historic facts in the form of the regulatory legal acts adopted earlier which subsequently, were a source for development of theoretical ideas of local self-government and the government are given in article.

  13. The ambiguities of performance-based governance reforms in Italy: Reviving the fortunes of evaluation and performance measurement.

    Science.gov (United States)

    Marra, Mita

    2018-08-01

    Over the past two decades, Italy's administrative reforms have institutionalized evaluation to improve program effectiveness, staff productivity, and results-driven accountability against waste and corruption. Across ministries, regional governments, universities, schools and environmental protection agencies, seemingly unexpected consequences have emerged out of the implementation of performance measurement and evaluation regimes within public organizations. Formal compliance to legally binding evaluation procedures, judicially-sanctioned managerial accountability and lack of cross-agency coordination coupled with long-standing cultural separations among evaluators are some of the ambiguities associated with a performance-based governance system within Italian public administration. Building upon the 'new governane theory,' and qualitative fieldwork, I explore the political consequences of evaluation and performance measurement for possible improvements. From a normative perspective, greater integration between program evaluation and performance measurement can support organizational learning and democratic accountability both at the central and local level. Copyright © 2017 Elsevier Ltd. All rights reserved.

  14. Basic criteria for the legal regulation of capital in cooperative societies

    Directory of Open Access Journals (Sweden)

    Adrián Celaya Ullíbarri

    2005-12-01

    Full Text Available The legislation virtually makes impossible the uptake and accumulation of capital resources in the long term. There have been numerous proposals for updating the legal regime aimed at creating new tools that enable the long-term financing of cooperatives.

  15. Your Turn to Run Your Country Just Ended: Global-Reach Regime Replacement

    National Research Council Canada - National Science Library

    Scott, Paul J

    2007-01-01

    Global-Reach Regime Replacement, alternately referred to as GR3, is a proposed method to forcibly remove an existing regime from power, replace it with a new government, and conduct appropriate levels...

  16. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

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

  17. A necessidade de criação de um regime ambiental internacional: o caso dos deslocados ambientais

    Directory of Open Access Journals (Sweden)

    Andrea Maria Pacheco Pacífico

    2012-08-01

    Full Text Available Um regime internacional protege o alvo do referido regime e, em se tratando de meio ambiente, a ausência de um regime definido deixa os deslocados ambientais desprotegidos juridicamente. Este artigo visa dar visibilidade a estes migrantes forçados e propor medidas para proteger seus direitos humanos via cooperação entre atores. An international regime protects its target and, regarding environmental issues, the absence of a defined regime leaves environmentally displaced persons legally unprotected. This article seeks to give visibility to these forced migrants and to propose measures to protect their human rights through cooperation among actors.

  18. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

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

  19. Combatting operational pollution from offshore petroleum activities: international legal regime

    International Nuclear Information System (INIS)

    Vinogradov, S.V.; Wagner, J.P.

    1997-01-01

    Existing global and regional rules and regulations, and regulatory trends, aimed at curbing pollution associated with the normal operation of offshore oil and gas installations are assessed. The designation 'operational pollution' is used to cover a variety of discharges including: oil produced in water; contaminated drill cuttings and muds; sewage; garbage; deck drainage; naturally occurring materials such as radionuclides, heavy metals and aromatics; atmospheric emissions, principally CO 2 , SO x , NO x , CH 4 and volatile organic compounds. The main focus of regulatory attention at present is platform drainage, offshore processing drainage, production water discharge, and displacement discharge. The legal framework considered extends to the appropriate global and regional treaties, ''soft law'' instruments and recommendations. (UK)

  20. Accountability Challenges in the Transnational Regime Complex for Climate Change

    NARCIS (Netherlands)

    Widerberg, O.E.; Pattberg, P.H.

    2017-01-01

    This article discusses challenges to accountability in the context of transnational climate governance. It argues that the emergence of a distinct transnational regime complex and the increasingly integrated structure of international and transnational climate governance create new challenges for

  1. Privatrechtliche Regelsetzung, Governance und Verhaltensökonomik

    Directory of Open Access Journals (Sweden)

    Florian Möslein

    2014-05-01

    Full Text Available ENGLISH: Governance and behavioral economics can enrich private law theory especially insofar as they contribute to effective rulemaking, i.e. to the choice of targeted regulatory instruments and the design of meaningful regulatory strategies. Conversely, both instruments are methodologically much less suited to define themselves protection objectives or to determine the substance matter of regulation. This task should be left to another, upstream level. Legal policy and regulation are to be separated, at least analytically. It is therefore not desirable, but (unfortunately not excluded in legal reality, that governance and behavioral economics are exploited as instruments of a hidden agenda of legal policy, regardless of their methodological suitability. DEUTSCH: Governance und Verhaltensökonomik können die Privatrechtswissenschaft vor allem insofern bereichern, als sie zu effektiver Regelsetzung, also zur Auswahl zielführender Regelungsinstrumente und zur Entwicklung sinnvoller Regelungsstrategien beitragen. Umgekehrt sind beide Instrumente methodisch ungleich weniger geeignet, selbst Schutzziele zu definieren und dadurch materielle Regelungsinhalte zu determinieren. Diese Aufgabe sollte einer anderen, vorgelagerten Ebene vorbehalten bleiben; Rechtspolitik und Regelsetzung sind zumindest analytisch voneinander zu trennen. Dass Governance und Verhaltensökonomik ungeachtet ihrer methodischen Eignung in der Rechtswirklichkeit instrumentalisiert werden, um versteckte Rechtspolitik zu betreiben, ist mithin nicht wünschenswert – aber (leider auch nicht ausgeschlossen.

  2. Mature e-Government based on spatial data

    DEFF Research Database (Denmark)

    Hvingel, Line; Baaner, Lasse; Schrøder, Lise

    2014-01-01

    The relation of spatial data and e-Government is important, but not always acknowledged in the development and implementation of e-Government. The implementation of the INSPIRE directive pushed this agenda towards a growing awareness of the role of spatial data and the need for a spatial data...... infrastructure to support e-Government. With technology, policies, data and infrastructure in place, new iterations of this relationship are needed, in order to reach a higher level of maturity. This paper analyses and discusses the need for the differentiated roles of spatial data as an important step towards...... of these data is the wording of the law and the spatial data are just visualisation thereof. Under other circumstances, the spatial data themselves represent the legal status. Compliance between spatial data and the legal administrative framework is necessary, to obtain a mature e-Government. A preliminary test...

  3. Alternatives to REPETRO: stability and legal tax security for the investments in petroleum and gas; Alternativas ao REPETRO: estabilidade e seguranca juridico-tributaria para os investimentos no segmento de petroleo e gas

    Energy Technology Data Exchange (ETDEWEB)

    Silva, Helio Fernando Rodrigues [PETROBRAS, Rio de Janeiro, RJ (Brazil)

    2004-07-01

    By 1997, Brazilian Government had made possible the application of a special customs regime named 'Temporary Admission' for the foreign equipment, which are indispensable for the exploration and production of petroleum and gas, to come into the country without the impact of tax cost normally occurred to importation. In 1996, however, the 'Temporary Admission for Economic Utilization' came to sight which imposed the proportional tax payments incident to the importing of foreign goods destined to produce other goods or service assistances. The new 'Temporary Admission' affected negatively the productive segment of petroleum forcing the government to create another 'special customs regime', known as 'Repetro, which exempts within a limited period of time the proportional tax duty incident to temporary importation of equipment destined for the production and exploration of petroleum and gas. The purpose of 'Repetro' would better pursue either by a 'law granting exemption from tax' specially due to its settling of limited validity of time, or by a 'permanent customs regime'. Thus, both technical profile are more adequate, which naturally would establish a secure legal environment necessary for the accomplishment of investments in the field of exploration and production of petroleum. (author)

  4. Safeguarding patient privacy in electronic healthcare in the USA: the legal view.

    Science.gov (United States)

    Walsh, Diana; Passerini, Katia; Varshney, Upkar; Fjermestad, Jerry

    2008-01-01

    The conflict between the sweeping power of technology to access and assemble personal information and the ongoing concern about our privacy and security is ever increasing. While we gradually need higher electronic access to medical information, issues relating to patient privacy and reducing vulnerability to security breaches surmount. In this paper, we take a legal perspective and examine the existing patchwork of laws and obligations governing health information in the USA. The study finds that as Electronic Medical Records (EMRs) increase in scope and dissemination, privacy protections gradually decrease due to the shortcomings in the legal system. The contributions of this paper are (1) an overview of the legal EMR issues in the USA, and (2) the identification of the unresolved legal issues and how these will escalate when health information is transmitted over wireless networks. More specifically, the paper discusses federal and state government regulations such as the Electronic Communications Privacy Act, the Health Insurance Portability and Accountability Act (HIPAA) and judicial intervention. Based on the legal overview, the unresolved challenges are identified and suggestions for future research are included.

  5. REGULATION OF A RIGHT TO A SALARY IN THE INTERNATIONAL LEGAL INSTRUMENTS OF ILO AND UN AND THEIR IMPLEMENTATION IN THE INTERNATIONAL LABOUR LEGISLATION IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Darko Majhošev

    2017-07-01

    Full Text Available This paper deals with the salary as the most important legal institute, element and principle of the labour relations. Before we approach the analysis of the legal regime of the salary, we will define the term labour relations. This paper puts special emphasis on the terminology of the notion salary, as well as the legal nature of the legal regime of the salary. Additionally, in this paper the most important international legal instruments of ILO, UN and The European Council are analyzed for salary regulation and ban on compensation discrimination. In this context, the most important legal acts in the Republic of Macedonia are analyzed which regulate the legal institute salary, i.e. the minimum wage (The Constitution, Labour Law, and Law on Minimum Wage.

  6. 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.

  7. Symmetric vs. asymmetric punishment regimes for bribery

    OpenAIRE

    Engel, Christoph; Goerg, Sebastian J.; Yu, Gaoneng

    2012-01-01

    In major legal orders such as UK, the U.S., Germany, and France, bribers and recipients face equally severe criminal sanctions. In contrast, countries like China, Russia, and Japan treat the briber more mildly. Given these differences between symmetric and asymmetric punishment regimes for bribery, one may wonder which punishment strategy is more effective in curbing corruption. For this purpose, we designed and ran a lab experiment in Bonn (Germany) and Shanghai (China) with exactly the same...

  8. Government Advertising: an integrative element. The legal framework in Spain

    Directory of Open Access Journals (Sweden)

    Dr. Ricardo Vizcaíno-Laorga

    2008-01-01

    Full Text Available Immigration in Spain has had a special increase last ten years. America is a main origin. The advertising from companies is similar like few years ago, but the context has changed. Advertising from Government is being managed to this new sensibility, but slow and not from a logical strategy. A Law about Government Advertising and Communication has been promulgated and it assure the social and cultural diversity. Integration and acceptance are the objectives of the campaigns from the Government. This research show the data of a pioneer study in which the immigrants are the analyst (not the analyzed and show their feeling. This text describe the campaigns from the Government in which the immigrant appear

  9. The safety regime concerning transboundary movement of radioactive waste and its compatibility with the trade regime of the WTO

    International Nuclear Information System (INIS)

    Strack, L.

    2004-01-01

    There is now extensive international law which regulates or prohibits the transboundary movement of radioactive waste. It seems likely that the trade restrictive provisions of the safety regime could be justified under the scope of Article X XI or X X GATT(general agreement on tariffs and trade). If a legitimate non proliferation issue were involved it is likely that any WTO (world trade organization) dispute settlement organ would allow governments the use of exceptions. Thus, the emerging international radioactive waste regime seems reconcilable under the WTO system. However, further clarification by the political, not the dispute settlement, institutions of the WTO would remove any remaining uncertainty by reaffirming the requirements of current law. Achieving sustainable development requires a coherent framework of global environment and economic governance. (N.C.)

  10. The Essence Of Government Shares Subscription A Review The Implementation Of State-Owned Enterprises

    Directory of Open Access Journals (Sweden)

    Urbanisasi

    2015-08-01

    Full Text Available The purpose of this study was to determine and explain the mechanisms and the implementation of government share subscription in the implementation of SOEs legal standing of the government shares subscription in the implementation of the state budget that separated in the implementation of SOEs and its legal implications of state loss or not and also legal accountability for losses arising out of shares subscription of SOE. In this study the authors use normative legal research. The data obtained in this study will be analyzed using qualitative normative method with inductive logic. Results from the study indicate that state shares subscription in the establishment of SOE or limited company with funds derived from State Budget are separated. Thus the government no longer has any authority in the field of civil law as a business entity. A clear separation of the status of country as business and as government organizer carries consequences. With the separation then there is clarity about the concept of the state financial losses. SOE as one form of business entity that aim to make a profit is a separate legal entity and has responsibilities that are separately anyway though formed and capital originating from the state finances and the loss of one transaction or in legal entity cannot be categorized as a state finance loss because the state has functioned as a private legal entity.

  11. On properties of royalty and tax regimes in Alberta's oil sands

    International Nuclear Information System (INIS)

    Plourde, Andre

    2010-01-01

    Simulation models that include royalty and tax provisions are used to examine the distribution between developers and governments of net returns from the development of Alberta's oil sands deposits. A specific focus is to assess the effects on the level and distribution of net revenues associated with a number of changes in assumed revenue and expenditure conditions. Developers typically bear a greater share of the consequences of variations in capital expenditures than they do of changes in operating expenditures, prices, and exchange rates. A comparison across royalty and tax regimes suggest that there is a positive relationship between the level of net revenues estimated to accrue to either developers or governments and the share of the consequences of changes in conditions borne by that party. Some differences across production technologies are noted. The role of the federal government as a fiscal player in oil sands development has shrunk over time. In contrast, under the current regime, the Government of Alberta captures a higher share of net returns and typically bears a greater proportion of the consequences of changes in conditions than at any time since the introduction of an explicit royalty and tax regime in 1997.

  12. PARTICULARITIES OF PARLIAMENTARY OVERSIGHT IN DIFFERENT POLITICAL REGIMES

    Directory of Open Access Journals (Sweden)

    Silvia-Claudia CĂLIN-MIHALCEA

    2015-07-01

    Full Text Available The quality and intensity of the parliamentary oversight performed over the Government are shaped by several major criteria: political regime, electoral system, structure of the Parliament (unicameral/bicameral, parliamentary culture and tradition. This paper emphasizes some distinctive elements and particular mechanisms of the control exercised over the activities of the executive power, from the point of view of the political regime established in states with modern democracies.

  13. How Do Countries Choose their Exchange Rate Regime?

    OpenAIRE

    Helene Poirson Ward

    2001-01-01

    This paper investigates the determinants of exchange rate regime choice in 93 countries during 1990-98. Cross-country analysis of variations in international reserves and nominal exchange rates shows that (i) truly fixed pegs and independent floats differ significantly from other regimes and (ii) significant discrepancies exist between de jure and de facto flexibility. Regression results highlight the influence of political factors (political instability and government temptation to inflate),...

  14. 42 CFR 137.30 - What is a self-governance compact?

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false What is a self-governance compact? 137.30 Section... SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES TRIBAL SELF-GOVERNANCE Self-Governance compact § 137.30 What is a self-governance compact? A self-governance compact is a legally binding and mutually...

  15. Education of legal human as way to the construction of law governed society in contemporary Ukraine

    Directory of Open Access Journals (Sweden)

    В. О. Сліпенчук

    2015-03-01

    Full Text Available The article is devoted to the study of the process of legal education of the individual, the impact on the formation of legal consciousness. Analyzed understanding of the educational process and its possibilities in the concept of philosophy of education S.I. Hessen. Defined the main directions of education legal human in Ukrainian society.

  16. Local Government System in Japan

    Directory of Open Access Journals (Sweden)

    Vladimir V. Redko

    2016-12-01

    Full Text Available The article is devoted to the issues of the activities of the local government of Japan. Particular attention is drawn to the legal framework and the material basis for the functioning of local self-government bodies. The system of local self-government is considered as a special form of self-government with a specific functional and meaning; system of municipal management and delegation of authority, as well as features of interaction between civil and imperious levels. The allocation of the city with a special status, as well as the financial structure of the local government of Japan, is considered in detail.

  17. 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.

  18. Do Consumers Substitute Opium for Hashish? An Economic Analysis of Simultaneous Cannabinoid and Opiate Consumption in a Legal Regime

    Science.gov (United States)

    Chandra, Madhur

    2015-01-01

    Aim To analyze interrelationships in the consumption of opiates and cannabinoids in a legal regime and, specifically, whether consumers of opiates and cannabinoids treat them as substitutes for each other. Method Econometric dynamic panel data models for opium consumption are estimated using the generalized method of moments (GMM). A unique dataset containing information about opiate (opium) consumption from the Punjab province of British India for the years 1907–1918 is analyzed (n=272) as a function of its own price, the prices of two forms of cannabis (the leaf (bhang), and the resin (charas, or hashish)), and wage income. Cross-price elasticities are examined to reveal substitution or complementarity between opium and cannabis. Results Opium is a substitute for charas (or hashish), with a cross price elasticity (β3) of 0.14 (p 0.10). Opium consumption (β1 = 0.47 to 0.49, p opium is slightly responsive (inelastic) to changes in its own price (β2 = −0.34 to −0.35, p Opium and hashish, a form of cannabis, are substitutes. In addition, opium consumption displays properties of habit persistence and slight price and wage income responsiveness (inelasticity) consistent with an addictive substance. PMID:26455552

  19. Alternative route for the MDW project for automotive fuels in the Dutch highway sector. A legal analysis

    International Nuclear Information System (INIS)

    Van Haute, J.S.R.; Kooy, J.

    2002-01-01

    In February 1998, the Dutch Government initiated an MDW project ('Marktwerking, Deregulering en Wetgevingskwaliteit', i.e. market functioning, deregulation and quality of legislation) to review ways in which competition within the motorway segment of the Dutch retail fuel market could be improved. The project reviewed the entry barriers and considered ways to stimulate competition, including preferential treatment of new entrants. The Dutch Major oil companies protested against the original plans of the Government and announced legal proceedings. The Government agreed to engage in negotiations with the oil industry in order to reach a compromise solution and avoid a legal battle. This resulted in an alternative route, which is analyzed in this article from a legal perspective [nl

  20. LEGAL STATUS OF WARSHIP WRECKS FROM WORLD WAR II IN INDONESIAN TERRITORIAL WATERS (INCIDENT OF H.M.A.S. PERTH COMMERCIAL SALVAGING

    Directory of Open Access Journals (Sweden)

    Senada Meskin

    2015-12-01

    Full Text Available Second World War was one of the most devastating experiences that World as a whole had to endure. The war left so many issues unhandled, one such issue is the theme of this thesis, and that is to analyze legal regime that is governing sunken warships. Status of warship still in service is protected by international law and national law of flag State, stipulating that warships are entitled on sovereign immunity. The question rises whether or not such sovereign immunity status follows warship wreck? Contemporary international law regulates very little considering ‘sovereign wrecks’, but customary international law, municipal court decisions and State practices are addressing issue quite profoundly, stating that even the warship is no longer in service it is still entitled on sovereign immunity status. HMAS Perth is Australian owned warship whose wreck current location is within Indonesian Territorial Sea. Recent reports show that commercial salvaging has been done, provoking outrage amongst surviving HMAS Perth’s naval personnel and Australian historians. In order to acquire clear stand point on issue of Sovereign Wrecks legal status, especially of HMAS Perth’s wreck, an in-depth analysis of legal material is necessary. Keywords: Territorial Waters, Warship, Warship Wreck, Salvage

  1. Design Principles for E-Government Architectures

    Science.gov (United States)

    Sandoz, Alain

    The paper introduces a holistic approach for architecting systems which must sustain the entire e-government activity of a public authority. Four principles directly impact the architecture: Legality, Responsibility, Transparency, and Symmetry leading to coherent representations of the architecture for the client, the designer and the builder. The approach enables to deploy multipartite, distributed public services, including legal delegation of roles and outsourcing of non mandatory tasks through PPP.

  2. International Responses to Human Protection Crises: Responsibility to Protect and the Emerging Protection Regime*

    OpenAIRE

    Bellamy, Alex J.

    2015-01-01

    This essay examines contemporary debates about human protection by the UN Security Council and others in response to major humanitarian crises. It argues that there are clear signs of an emerging international human protection regime in the evolving practice of the Security Council and suggests that this regime is based on an accommodation between different moral accounts of humanitarian intervention. The first section examines some of the legal and moral debates that have arisen with respect...

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

    NARCIS (Netherlands)

    Sullivan, G.

    2014-01-01

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

  4. Weaponisation of Space - Some Legal Considerations

    Science.gov (United States)

    Jolly, C.

    2002-01-01

    This paper will examine a current national initiative from the United States of America to achieve greater national security through the `weaponisation' of extra-atmospheric space. We will propose a synthesis of the current international legal framework pertaining to military activities in space. Based on the analysis of the legal regime and on some current national and regional political initiatives, we will make some practical recommendations to prevent an arms race in space. Civil remote sensing, telecommunications, and launchers launch vehicle technologies have all benefited from a military heritage. They are dual use technologies, in other words, technologies that have both military and civilian applications. In fact, space has always been militarised, ever since the first satellites were put in orbit for reconnaissance missions. But recently, some national policies and technological advances are making the militarisation of space less `discrete'. Military assets from different countries are already stationed in orbit (e.g. reconnaissance and navigation satellites), but they might soon be joined by new `space weapons' with lethal strike capabilities. Currently, in the United States, military and civilian space activities are being closely intertwined. A typical example is the call of the NASA Administrator Sean O'Keefe, a former Secretary of the Navy, for closer cooperation on research and development between NASA and the Department of Defense. Concerning plans to station weapons in space, the American Air Force Space Command issued, in February 2000, its `Strategic Master Plan for FY02 and Beyond'. It states that the United States "...future Air Force Space Command capabilities will enable a fully integrated Aerospace Force to rapidly engage military forces worldwide. [...] Full spectrum dominance in the space medium will be achieved through total space situational awareness, protection of friendly space assets, prevention of unauthorized use of those assets

  5. Hard and Soft Governance

    DEFF Research Database (Denmark)

    Moos, Lejf

    2009-01-01

    of Denmark, and finally the third layer: the leadership used in Danish schools. The use of 'soft governance' is shifting the focus of governance and leadership from decisions towards influence and power and thus shifting the focus of the processes from the decision-making itself towards more focus......The governance and leadership at transnational, national and school level seem to be converging into a number of isomorphic forms as we see a tendency towards substituting 'hard' forms of governance, that are legally binding, with 'soft' forms based on persuasion and advice. This article analyses...... and discusses governance forms at several levels. The first layer is the global: the methods of 'soft governance' that are being utilised by transnational agencies. The second layer is the national and local: the shift in national and local governance seen in many countries, but here demonstrated in the case...

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

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

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

  7. The Quasi Government: Hybrid Organizations with Both Government and Private Sector Legal Characteristics

    National Research Council Canada - National Science Library

    Moe, Ronald C; Kosar, Kevin R

    2005-01-01

    .... These hybrid organizations (e.g., Fannie Mae, National Park Foundation, In-Q-Tel), collectively referred to in this report as the quasi government, have grown in number, size, and importance in recent decades...

  8. General Principles Governing Liability

    International Nuclear Information System (INIS)

    Reyners, P.

    1998-01-01

    This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

  9. Legal Rights & Intellectual Disability: A Short Guide.

    Science.gov (United States)

    Hall, Julia, Ed.; And Others

    The book examines actions that may be taken to redress wrongs illegally perpetrated against people with intellectual disabilities in New South Wales, Australia. Ten topic areas are addressed (sample subtopics in parentheses): protecting rights (complaints to government departments, use of the ombudsman); discrimination (legal aid); personal…

  10. Issues in Governance, Planning and Coordination. Staff Report No. 8.

    Science.gov (United States)

    Montana Commission on Post-Secondary Education, Helena.

    This brief report consists of a series of observations on governance, planning, and coordination in Montana postsecondary education. It offers an impressionistic overview of three selected issues: the regents and the 1972 Constitution (background, governance, accountability, and legal protection); Governance of Vocational-Technical Centers (the…

  11. Legal and regulatory capacity to support the global health security agenda.

    Science.gov (United States)

    Morhard, Ryan; Katz, Rebecca

    2014-01-01

    On February 13, 2014, 27 nations, along with 3 international organizations, launched the Global Health Security Agenda (GHSA). The intent of GHSA is to accelerate progress in enabling countries around the world to prevent, detect, and respond to public health emergencies-capacities to be achieved through 9 core objectives. Building national, regional, and international capacity includes creating strong legal and regulatory regimes to support national and international capacities to prevent, detect, and respond to public health emergencies. Accordingly, establishing and reinforcing international and national-level legal preparedness is central to advancing elements of each of the 9 objectives of the GHSA.

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

    OpenAIRE

    Guth, J

    2016-01-01

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

  13. Documentary Letters of Credit, Legal Nature and Sources of Law

    Directory of Open Access Journals (Sweden)

    Alavi Hamed

    2016-06-01

    Full Text Available There is no doubt about risky nature of international trade. Such risk can be conceptualized as country risk, transportation risk, customer risk and etc. Documentary Letters of Credit (LC are used as a method of payment in international business for many centuries in order to reduce risk of trade specially when parties are located in different countries and do not have precise information from financial standing of each other. In such occasion LC will reduce the risk of trade by shifting payment obligation from buyer as an individual to a payment guarantee of a bank as a legal entity in return for presentation of complying documents with terms of credit by seller. Familiarity with legal nature and different legal frameworks which govern the international operation of documentary letters of credit can facilitate the process of international trade for businessmen and boost national economies. However, lack of knowledge about them can impose huge losses on international traders. Situation will be more complicated when we understand that there are many internationally recognized legal frameworks which can affect the operation of LC and they get frequently updated in order to address technological and economic developments in global market. In this paper, author tries to answer questions regarding (i what are international legal frameworks governing operation of documentary letters of credit? (ii which areas of LC operation has been covered by them and (iii how do they address the legal questions regarding international operation of documentary letters of credit?

  14. The legalization of corporate social responsibility: towards a new doctrine of international legal status in a global governance context

    NARCIS (Netherlands)

    Bijlmakers, Stephanie

    2017-01-01

    This thesis examines whether Corporate Social Responsibility (CSR) and the responsibilities of business enterprises for human rights have been legally defined in international, European law and national law. This analysis, in turn, generates novel insights and impetus for reconsidering the

  15. The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada; Comment on “Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts”

    OpenAIRE

    Stephanie Lake; Thomas Kerr

    2017-01-01

    A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited ...

  16. From Toques to Tokes: Two challenges facing nationwide legalization of cannabis in Canada.

    Science.gov (United States)

    Bear, Daniel

    2017-04-01

    In 2015, a new Liberal Government came to power in Canada, elected on a platform that included legalization and regulation of cannabis for recreational purposes. Their legislation, based on recommendations from a Federal Task Force on Marijuana Legalization and Regulation, is due in early April 2017. This commentary utilizes Canadian Federal policy papers, previous literature, and internal and international agreements to examine two key areas critical to the development of a nationwide regulated market for cannabis in Canada; the need to overcome restrictions to legalizing cannabis in United Nations' drug control treaties, and the unique challenges that non-medical cannabis creates for navigating interprovincial trade policies in Canada. Irrespective of UN conventions that appear to prohibit legalization of cannabis the Government is preparing to bring forward legislation as this article goes to print. At the same time significant squabbles impede the selling of even beer and wine inter-provincially in Canada. This paper identifies the challenges facing Canadian legalization efforts, but also shows how the legalization legislation may provide opportunities to engender significant change beyond the simple legalization of a specific drug. This commentary does not argue for any specific course of action for Canada, but rather explores the nuance of legalization absent from the declaration in the Liberal party platform. The paper argues that Canada's efforts may hasten the dismantling of the UN drug control structure, and provide renewed opportunities for intern-provincial trade in Canada. Copyright © 2017 Elsevier B.V. All rights reserved.

  17. Soft law as a new mode of governance

    OpenAIRE

    Peters, Anne

    2011-01-01

    The paper analyses soft law as a mode of EU governance. European soft law can be qualified as a relatively ‘new’ mode, notably due to its dramatic proliferation and the increasing involvement of private actors. The concept of ‘soft law’ is viable on the premiss that normativity may be graduated (‘the continuum view’). Soft law deploys specific legal effects apart from outright legal bindingness, and not merely political or otherwise factual effects. The legal effects of European soft law flow...

  18. Organ transplantation: legal, ethical and islamic perspective in Nigeria.

    Science.gov (United States)

    Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

    2012-07-01

    Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

  19. Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

    Science.gov (United States)

    Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

    2012-01-01

    Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

  20. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    Governments are particularly salient stakeholders for business ethics. They act on societal needs and social expectations, and have the political and legal powers to restrict or expand the economic freedoms of business as well as the legitimacy and often urgency to do so. We draw on two examples:...

  1. The Governance of Multi-Use Platforms at Sea for Energy Production and Aquaculture: Challenges for Policy Makers in European Seas

    Directory of Open Access Journals (Sweden)

    Marian Stuiver

    2016-04-01

    Full Text Available European seas are encountering an upsurge in competing marine activities and infrastructures. Traditional exploitation such as fisheries, tourism, transportation, and oil production are accompanied by new sustainable economic activities such as offshore windfarms, aquaculture, and tidal and wave energy. One proposed solution to overcome possible competing claims at sea lies in combining these economic activities as part of Multi-Use Platforms at Sea (MUPS. MUPS can be understood as areas at sea, designated for a combination of activities, either completely integrated in a platform or in shared marine space. MUPS can potentially benefit from each other in terms of infrastructure, maintenance, etc. Developing MUPS in the marine environment demands adequate governance. In this article, we investigate four European sites to find out how governance arrangements may facilitate or complicate MUPs. In particular, we apply a framework specifying policy, economic, social, technical, environmental, and legal (PESTEL factors to explore governance arrangements in four case study sites in different sea basins around Europe (the Mediterranean Sea, the Atlantic Ocean, the North Sea, and the Baltic Sea. The article concludes with policy recommendations on a governance regime for facilitating the development of MUPS in the future.

  2. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals

    International Nuclear Information System (INIS)

    2013-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit trafficking and the inadvertent movement of

  3. Legal Frameworks for Higher Education Governance in Sub-Saharan Africa

    Science.gov (United States)

    Saint, William

    2009-01-01

    This is a preliminary survey of the laws and statutes that determine governance arrangements for higher education systems as well as individual institutions in 24 countries of Sub-Saharan Africa. Following an overview of recent higher education governance trends within Africa, it describes the current range of practice and most common approaches…

  4. The search for local government autonomy in Nigeria: legal and ...

    African Journals Online (AJOL)

    This article examines the status of the local government under the tripartite governmental system in Nigeria that has been in operation since 1979. It reviews the various reforms that the administration of local government has gone through from the colonial era till 1999 when the extant Constitution of Nigeria came into force.

  5. How Governance Regimes Shape the Implementation of Water Reuse Schemes

    OpenAIRE

    Frijns, Jos; Smith, Heather M.; Brouwer, Stijn; Garnett, Kenisha; Elelman, Richard; Jeffrey, Paul

    2016-01-01

    The governance dimensions of water reuse scheme development and operation, such as policies and regulatory frameworks, and public involvement and stakeholder collaboration, can serve to both facilitate and constrain wider adoption of water reuse practices. This paper explores the significance and underlying structure of the key governance challenges facing the water reuse sector in Europe. It presents empirical evidence from interviews and focus group sessions conducted at four water reuse sc...

  6. Applying legal principles to stimulate open standards: the role of forums and consortia

    NARCIS (Netherlands)

    Hoenkamp, R.A.; Folmer, E.J.A.; Huitema, G.B

    2012-01-01

    In this paper it is argued that openness in standards raises its quality level. This study is done not only from a technical business administration point of view but also from a legal perspective. It is shown that applying legal principles, in particular the principles of Good Governance can

  7. Legal issues in governing genetic biobanks: the Italian framework as a case study for the implications for citizen's health through public-private initiatives.

    Science.gov (United States)

    Piciocchi, Cinzia; Ducato, Rossana; Martinelli, Lucia; Perra, Silvia; Tomasi, Marta; Zuddas, Carla; Mascalzoni, Deborah

    2018-04-01

    This paper outlines some of the challenges faced by regulation of genetic biobanking, using case studies coming from the Italian legal system. The governance of genetic resources in the context of genetic biobanks in Italy is discussed, as an example of the stratification of different inputs and rules: EU law, national law, orders made by authorities and soft law, which need to be integrated with ethical principles, technological strategies and solutions. After providing an overview of the Italian legal regulation of genetic data processing, it considers the fate of genetic material and IP rights in the event of a biobank's insolvency. To this end, it analyses two case studies: a controversial bankruptcy case which occurred in Sardinia, one of the first examples of private and public partnership biobanks. Another case study considered is the Chris project: an example of partnership between a research institute in Bolzano and the South Tyrolean Health System. Both cases seem to point in the same direction, suggesting expediency of promoting and improving public-private partnerships to manage biological tissues and biotrust to conciliate patent law and public interest.

  8. Medical countermeasures for national security: a new government role in the pharmaceuticalization of society.

    Science.gov (United States)

    Elbe, Stefan; Roemer-Mahler, Anne; Long, Christopher

    2015-04-01

    How do governments contribute to the pharmaceuticalization of society? Whilst the pivotal role of industry is extensively documented, this article shows that governments too are accelerating, intensifying and opening up new trajectories of pharmaceuticalization in society. Governments are becoming more deeply invested in pharmaceuticals because their national security strategies now aspire to defend populations against health-based threats like bioterrorism and pandemics. To counter those threats, governments are acquiring and stockpiling a panoply of 'medical countermeasures' such as antivirals, next-generation vaccines, antibiotics and anti-toxins. More than that, governments are actively incentivizing the development of many new medical countermeasures--principally by marshaling the state's unique powers to introduce exceptional measures in the name of protecting national security. At least five extraordinary policy interventions have been introduced by governments with the aim of stimulating the commercial development of novel medical countermeasures: (1) allocating earmarked public funds, (2) granting comprehensive legal protections to pharmaceutical companies against injury compensation claims, (3) introducing bespoke pathways for regulatory approval, (4) instantiating extraordinary emergency use procedures allowing for the use of unapproved medicines, and (5) designing innovative logistical distribution systems for mass drug administration outside of clinical settings. Those combined efforts, the article argues, are spawning a new, government-led and quite exceptional medical countermeasure regime operating beyond the conventional boundaries of pharmaceutical development and regulation. In the first comprehensive analysis of the pharmaceuticalization dynamics at play in national security policy, this article unearths the detailed array of policy interventions through which governments too are becoming more deeply imbricated in the pharmaceuticalization of

  9. Conclusion: the role of the EU in the legal dimension of global governance

    NARCIS (Netherlands)

    Van Vooren, B.; Blockmans, S.; Wouters, J.; Van Vooren, B.; Blockmans, S.; Wouters, J.

    2013-01-01

    This chapter revisits the main themes of the preceding discussions on the EU's role in global governance. These include rule law based collective governance, security governance, trade governance, environmental governance, financial governance, and social governance. Across different areas of

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

    Directory of Open Access Journals (Sweden)

    Aan Aswari

    2017-05-01

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

  11. Seismic Activity: Public Alert and Warning: Legal Implications

    Science.gov (United States)

    Zocchetti, D.

    2007-12-01

    As science and technology evolve in ways that increase our ability to inform the public of potentially destructive seismic activity, there are significant legal issues for consideration. Even though countries and even states within the United States have differing legal tenets that could either change or at least re-shape the outcome of specific legal questions that this session will be pondering, there are fundamental legal principals that will permeate. It is often said that the law lags behind society and in particular its technological developments. No doubt in the area of warning the public of impending destructive forces of nature or society, the law will need to do some catching up. The law is probably adequately developed for at least some preliminary discussion of the key issues. No matter the legal scheme, if there is a failure or perceived failure in the system to warn people of a pending emergencies, albeit an earthquake, tsunami, or other predictable event, those who are harmed or believe they are harmed will seek relief under the law. Every day there are situations wherein the failure to warn or to adequately warn is key, such as with faulty or defective consumer products, escaped prisoners, and police high-speed vehicle chases. With alert and warning systems for disaster, however, we have a unique set of facts. Generally, the systems and their failures occur during emergencies or at least during situations under apparently exigent circumstances when the disaster's predictability is widely recognized as less than 100 percent. The law, in particular United States tort law, has been particularly lenient when people and organizations are operating during compressed timeframes and their actions are generally considered necessary to address circumstances relative to public safety. The legal system has been forgiving when the actor that failed or appeared to fail was government. The courts have liberally applied the principal of sovereign immunity to

  12. Accountability and non-proliferation nuclear regime: a review of the mutual surveillance Brazilian-Argentine model for nuclear safeguards; Accountability e regime de nao proliferacao nuclear: uma avaliacao do modelo de vigilancia mutua brasileiro-argentina de salvaguardas nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Xavier, Roberto Salles

    2014-08-01

    The regimes of accountability, the organizations of global governance and institutional arrangements of global governance of nuclear non-proliferation and of Mutual Vigilance Brazilian-Argentine of Nuclear Safeguards are the subject of research. The starting point is the importance of the institutional model of global governance for the effective control of non-proliferation of nuclear weapons. In this context, the research investigates how to structure the current arrangements of the international nuclear non-proliferation and what is the performance of model Mutual Vigilance Brazilian-Argentine of Nuclear Safeguards in relation to accountability regimes of global governance. For that, was searched the current literature of three theoretical dimensions: accountability, global governance and global governance organizations. In relation to the research method was used the case study and the treatment technique of data the analysis of content. The results allowed: to establish an evaluation model based on accountability mechanisms; to assess how behaves the model Mutual Vigilance Brazilian-Argentine Nuclear Safeguards front of the proposed accountability regime; and to measure the degree to which regional arrangements that work with systems of global governance can strengthen these international systems. (author)

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

    Directory of Open Access Journals (Sweden)

    Yeni Salma Barlinti

    2011-01-01

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

  14. 76 FR 23541 - Proposed Information Collection; Comment Request; Government Units Survey

    Science.gov (United States)

    2011-04-27

    ... the United States; (2) To obtain descriptive information on the basic characteristics of governments... basic information on the governing board, authorizing legislation, the Web address, agency activity, and.../pension plan, government activity, public services, judicial or legal activities, and finance. The first...

  15. Understanding energy-related regimes: A participatory approach from central Australia

    International Nuclear Information System (INIS)

    Foran, Tira; Fleming, David; Spandonide, Bruno; Williams, Rachel; Race, Digby

    2016-01-01

    For a particular community, what energy-related innovations constitute no-regrets strategies? We present a methodology to understand how alternative energy consuming activities and policy regimes impact on current and future liveability of socio-culturally diverse communities facing climate change. Our methodology augments the energy policy literature by harnessing three concepts (collaborative governance, innovation and political economic regime of provisioning) to support dialogue around changing energy-related activities. We convened workshops in Alice Springs, Australia to build capability to identify no-regrets energy-related housing or transport activities and strategies. In preparation, we interviewed policy actors and constructed three new housing-related future scenarios. After discussing the scenarios, policy and research actors prioritised five socio-technical activities or strategies. Evaluations indicate participants enjoyed opportunities given by the methodology to have focussed discussions about activities and innovation, while requesting more socially nuanced scenario storylines. We discuss implications for theory and technique development. - Highlights: •Energy-related activities and regimes frustrate pro-sustainability action. •Participatory workshops increased understanding of activities and regimes. •Workshops used a novel combination of governance and social theories. •Results justify inclusive dialogue around building energy standards and transport options.

  16. Groundwater governance in South Africa: A status assessment ...

    African Journals Online (AJOL)

    Groundwater governance provisions and arrangements in South Africa were studied at national level and at local level for a highly productive aquifer, the Botleng Dolomite Aquifer. Technical, legal, institutional and operational governance provisions were found to be reasonable at the national level but weak with regards to ...

  17. Representative Democracy in Australian Local Government

    Directory of Open Access Journals (Sweden)

    Colin Hearfield

    2009-01-01

    Full Text Available In an assessment of representative democracy in Australian local government, this paper considers long-run changes in forms of political representation, methods of vote counting, franchise arrangements, numbers of local government bodies and elected representatives, as well as the thorny question of constitutional recognition. This discussion is set against the background of ongoing tensions between the drive for economic efficiency and the maintenance of political legitimacy, along with more deep-seated divisions emerging from the legal relationship between local and state governments and the resultant problems inherent in local government autonomy versus state intervention.

  18. Legal provisions governing gaseous effluents radiological monitoring

    International Nuclear Information System (INIS)

    Winkelmann, I.

    1985-01-01

    This contribution explains the main provisions governing radiological monitoring of gaseous effluents from LWR type nuclear power plants. KTA rule 1503.1 defines the measuring methods and tasks to be fulfilled by reactor operators in order to safeguard due monitoring and accounting of radioactive substances in the plants' gaseous effluents. The routine measurements are checked by a supervisory programme by an independent expert. The routine controls include analysis of filter samples, comparative measurement of radioactive noble gases, interlaboratory comparisons, and comparative evaluation of measured values. (DG) [de

  19. Energy efficiency in India: Achievements, challenges and legality

    International Nuclear Information System (INIS)

    Sahoo, Sarat Kumar; Varma, Payal; Lall, Krishna Prabhakar; Talwar, Chanpreet Kaur

    2016-01-01

    This paper explores the main legal Center enforced Commissions and Acts that are aimed at improving the current energy deficit in the country, with a specific emphasis on the need for research and a shift in the power market towards more sustainable technology. The paper first examines the main aims of the governmental 5 year plans in the past ten years, and then evaluates the merits and short comings of the existing technical framework that governs the Electrical Grid and Generation systems in the country. The paper also proposes inherent improvements, with ground scale methods in developing a sound and competitive system for power distribution through consumer and employee involvement as well as changes in the investment arena that can substantially alter the market compatibility of renewably generated energy. The paper indicates several key steps that the Center and State Governments have taken in order to revolutionise the feasibility of the electrical systems in the country. Finally, the paper appraises and assesses the main amendments in the Electrical Industry Legal literature and enforcement mechanisms that can effectuate rapid and systemic changes across the Indian context. - Highlights: • Discuss Opportunities and Challenges of Energy Efficiency in India's power sector. • Explores the legal Center enforced Commissions and Acts on the power market. • Governmental 5 years plan for the Electrical Grid and Generation systems. • Center and State Governments steps taken to revolutionize the electrical systems. • Appraises and assesses the main amendments in the Electrical Industry.

  20. Exchange Rate Regimes – A periodical overview and a critical analysis of exchange rate regimes in Kosovo

    Directory of Open Access Journals (Sweden)

    Flamur Bunjaku

    2015-03-01

    Full Text Available Exchange rate regimes and the monetary policy are the key instruments governments use to achieve their economic and financial objectives. Moreover, due to global financial crisis the latter instruments get more importance. Empirical evidences show that exchange rate regimes in Kosovo and its monetary policy throughout their development were mainly influenced by different political and historical developments. In regard of Euroisation of monetary system in Kosovo it was found that this action generated macro - financial stability in terms of inflation and price fluctuation. However, in terms of microeconomic aspects, the unilateral adaptation of Euro as the official currency of Kosovo failed to provide microeconomic advantages such as to export stimulation, and so forth. The main exchange rate regime systems were discussed focusing in their advantages and disadvantages, and it was concluded that there is no commonly accepted theory regarding the optimality of exchange rate regimes. In addition, the global financial crisis impact in the financial system of Kosovo is also discussed and it was found that negative impacts of global financial crisis were moderate and indirect.

  1. A comparative analysis between France and Japan on local governments' involvement in nuclear safety governance

    International Nuclear Information System (INIS)

    Sugawara, Shin-etsu; Shiroyama, Hideaki

    2011-01-01

    This paper shows a comparative analysis between France and Japan on the way of the local governments' involvement in nuclear safety governance through some interviews. In France, a law came into force that requires related local governments to establish 'Commision Locale d'Information' (CLI), which means the local governments officially involve in nuclear regulatory activity. Meanwhile, in Japan, related local governments substantially involve in the operation of nuclear facilities through the 'safety agreements' in spite of the lack of legal authority. As a result of comparative analysis, we can point out some institutional input from French cases as follows: to clarify the local governments' roles in the nuclear regulation system, to establish the official channels of communication among nuclear utilities, national regulatory authorities and local governments, and to stipulate explicitly the transparency as a purpose of safety regulation. (author)

  2. Assisted death in Europe and America: four regimes and their lessons

    National Research Council Canada - National Science Library

    Lewy, Guenter

    2011-01-01

    ... of the Patient 3. Termination of Life in Pediatric Cases 4. Assisted Death for Patients with Mental Suffering 5. Can Palliative Care Eliminate the Need for Assisted Death? The Dutch Regime of Euthanasia and Physician-assisted Suicide Assessed 18 18 26 30 37 37 40 43 48 55 62xii Contents 3. Voluntary Euthanasia in Belgium How Belgium Legalized Eu...

  3. Regulatory networks, legal federalism, and multi-level regulatory systems

    OpenAIRE

    Kerber, Wolfgang; Wendel, Julia

    2016-01-01

    Transnational regulatory networks play important roles in multi-level regulatory regimes, as e.g, the European Union. In this paper we analyze the role of regulatory networks from the perspective of the economic theory of legal federalism. Often sophisticated intermediate institutional solutions between pure centralisation and pure decentralisation can help to solve complex tradeoff problems between the benefits and problems of centralised and decentralised solutions. Drawing upon the insight...

  4. The Governance of Energy Poverty in Southeastern Europe

    International Nuclear Information System (INIS)

    Bouzarovski, Stefan; Sarlamanov, Robert; Petrova, Saska

    2011-03-01

    This report presents the outcomes of a recently-completed research project aimed at uncovering the different ways in which energy poverty - understood as a condition wherein the domestic energy services available to a household are below socially and materially-necessitated levels - is produced by, and mitigated through, the interaction of relevant decision-making institutions in the energy, social welfare, health and housing domains. The project focused on conditions in Southeastern Europe, where energy prices have been recently on the rise despite falling incomes and poor access to efficient and adequate energy services. We explored the legal frameworks and governance practices that underpin energy poverty-related policies the Republic of Macedonia and Bulgaria: two neighboring countries at different development stages in terms of the state's regulatory capacity to support households vulnerable to energy deprivation. Data was gathered and analyzed with the aid of interviews with decision-makers, as well as a review of written legal and policy documents. The broad-level patterns of energy poverty in both countries were established with the aid of analyses of published statistical data, and findings from the secondary literature. The findings of the study revealed that both states have moved from a reactive policy regime - entailing a slow process of energy liberalization and privatization due to social welfare concerns, gradual energy price increases, and the inadequate development of targeted social welfare programs - towards a more proactive approach, which has involved the strengthening and expansion of social safety nets, accompanied by the introduction of comprehensive measures such as block tariffs and direct earmarked support. Even though the shift from one regime to the other has taken place at a much faster and stronger pace in Bulgaria, both states still lack targeted residential energy efficiency programs for vulnerable households, and the flow of

  5. Legal rights during pandemics: federalism, rights and public health laws--a view from Australia.

    Science.gov (United States)

    Bennett, B

    2009-03-01

    Pandemic influenza will cause significant social and economic disruption. Legal frameworks can play an important role in clarifying the rights and duties of individuals, communities and governments for times of crisis. In addressing legal frameworks, there is a need for jurisdictional clarity between different levels of government in responding to public health emergencies. Public health laws are also informed by our understandings of rights and responsibilities for individuals and communities, and the balancing of public health and public freedoms. Consideration of these issues is an essential part of planning for pandemic influenza.

  6. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

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

    2015-01-01

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

  7. REDDuced: From sustainability to legality to units of carbon—The search for common interests in international forest governance

    International Nuclear Information System (INIS)

    McDermott, Constance L.

    2014-01-01

    Highlights: ► Global forest governance has narrowed in focus from sustainability to carbon. ► Translating forests into carbon units creates an appearance of global transparency. ► Controversial environmental and social concerns have been reframed as “safeguards”. ► Resulting in a proliferation of safeguarding initiatives and new complexities. ► Hence flows of information increase but fail to facilitate global coordination. -- Abstract: This paper examines the institutional history of international forest governance, from the emergence of global intergovernmental forestry forums, to non-state market-based certification schemes, to regional illegal logging initiatives, to Reducing Emissions from Deforestation and Degradation and forest enhancement (REDD+) under the UNFCCC. It observes how the early initiatives were criticised for their failure to achieve coordinated and widespread action on forest conservation due to a lack of economic incentives and conflict over environmental and social priorities. This failure has been proceeded by a narrowing of core focus across each successive institution—from sustainability to legality to units of carbon—thereby transforming forest conservation into an increasingly legible and tradable commodity. Indeed, a wide range of environmental, economic and social actors appear to share the goal of making forest management more globally legible. This narrowing of focus, however, has served to displace rather than resolve a large array of environmental and social conflicts. The issues have been displaced across both space and time, generating a growing plethora of institutions involved in defining REDD+ modalities and “safeguards”, including various UN bodies and programmes, international development banks, private certification schemes and national and subnational governments. Meanwhile there is little evidence of whether, where and how these efforts might affect forest change. In fact, the largest impact of REDD

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

    Science.gov (United States)

    Castro, Paula; Mouro, Carla

    2011-06-01

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

  9. Innovative Use of the Law to Address Complex Global Health Problems Comment on "The Legal Strength of International Health Instruments - What It Brings toGlobal Health Governance?"

    Science.gov (United States)

    Walls, Helen L; Ooms, Gorik

    2017-05-20

    Addressing the increasingly globalised determinants of many important problems affecting human health is a complex task requiring collective action. We suggest that part of the solution to addressing intractable global health issues indeed lies with the role of new legal instruments in the form of globally binding treaties, as described in the recent article of Nikogosian and Kickbusch. However, in addition to the use of international law to develop new treaties, another part of the solution may lie in innovative use of existing legal instruments. A 2015 court ruling in The Hague, which ordered the Dutch government to cut greenhouse gas emissions by at least 25% within five years, complements this perspective, suggesting a way forward for addressing global health problems that critically involves civil society and innovative use of existing domestic legal instruments. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  10. Right to health in Russian Federation: identification of its current stage of constitutional and legal recognition

    Directory of Open Access Journals (Sweden)

    TARASENKO, Elena

    2013-11-01

    Full Text Available Russian Federation has made a strong legal commitment to the human right to health through the ratification of several key international human rights laws. Current public health care policies also demonstrate that Russian Federation has committed itself to provide the human right to health protection of people residing with its jurisdiction. All residents of Russia are eligible for medical care free of charge. Medical services are provided directly to patients by government health care providers. This includes general and specialist medical care, hospitalization, diagnostic laboratory services, dental care, maternity care and transportation, free drugs for disabled, medical rehabilitation, etc. The legal basis for the human right to health at the federal level is provided by a variety of legislative acts (codes, federal laws, presidential decrees, decisions and proposals of the government of the Russian Federation, and orders of the government and of the Ministry of Health and other ministries. The legal bas is at the regional level is provided by legislative instruments enacted by the governments of the Subjects of Russian Federation.

  11. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

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

  12. Prospects and Challenges of Corporate Governance in Ghana

    OpenAIRE

    Agyemang, Otuo Serebour; Aboagye, Emmanuel; Ahali, Aaron Yao Ofoe

    2013-01-01

    The relevance of corporate governance principles in the management of corporate organisations cannot be underestimated. The increasing influence of principles of corporate governance across the globe has been greatly linked to the recent corporate frauds and scandals. These frauds and scandals largely resulted from the failure of authorities of countries to effectively implement the legal and regulatory frameworks pertaining to corporate governance. Ghana is archetypal in regards to the failu...

  13. Enstrophy transport conditional on local flow topologies in different regimes of premixed turbulent combustion

    KAUST Repository

    Papapostolou, Vassilios; Wacks, Daniel H.; Chakraborty, Nilanjan; Klein, Markus; Im, Hong G.

    2017-01-01

    , enstrophy decreases from the unburned to the burned gas side for the cases representing the TRZ and BRZ regimes, with diminishing influences of dilatation rate and baroclinic torque. The enstrophy transport in the TRZ and BRZ regimes is governed

  14. Governance Structure, Product Diversification, and Performance

    NARCIS (Netherlands)

    A.A.C.J. van Oijen; G.W.J. Hendrikse (George)

    2002-01-01

    textabstractProduct diversification and its financial outcomes have been studied exhaustively. However, previous literature has focused on corporations, ignoring other important legal organizations or governance structures. In this paper, we study the diversification strategies of cooperatives and

  15. Balancing stability and flexibility in adaptive governance: An analysis of tools available in U.S. environmental law

    Science.gov (United States)

    Kundis Craig, Robin; Garmestani, Ahjond S.; Allen, Craig R.; Arnold, Craig Anthony (Tony); Birge, Hannah E.; DeCaro, Daniel A.; Fremier, Alexander K.; Gosnell, Hannah; Schlager, Edella

    2017-01-01

    Adaptive governance must work “on the ground,” that is, it must operate through structures and procedures that the people it governs perceive to be legitimate and fair, as well as incorporating processes and substantive goals that are effective in allowing social-ecological systems (SESs) to adapt to climate change and other impacts. To address the continuing and accelerating alterations that climate change is bringing to SESs, adaptive governance generally will require more flexibility than prior governance institutions have often allowed. However, to function as good governance, adaptive governance must pay real attention to the problem of how to balance this increased need for flexibility with continuing governance stability so that it can foster adaptation to change without being perceived or experienced as perpetually destabilizing, disruptive, and unfair. Flexibility and stability serve different purposes in governance, and a variety of tools exist to strike different balances between them while still preserving the governance institution’s legitimacy among the people governed. After reviewing those purposes and the implications of climate change for environmental governance, we examine psychological insights into the structuring of adaptive governance and the variety of legal tools available to incorporate those insights into adaptive governance regimes. Because the substantive goals of governance systems will differ among specific systems, we do not purport to comment on what the normative or substantive goals of law should be. Instead, we conclude that attention to process and procedure (including participation), as well as increased use of substantive standards (instead of rules), may allow an increased level of substantive flexibility to operate with legitimacy and fairness, providing the requisite levels of psychological, social, and economic stability needed for communities to adapt successfully to the Anthropocene.

  16. Balancing stability and flexibility in adaptive governance: an analysis of tools available in U.S. environmental law

    Directory of Open Access Journals (Sweden)

    Robin Kundis. Craig

    2017-06-01

    Full Text Available Adaptive governance must work "on the ground," that is, it must operate through structures and procedures that the people it governs perceive to be legitimate and fair, as well as incorporating processes and substantive goals that are effective in allowing social-ecological systems (SESs to adapt to climate change and other impacts. To address the continuing and accelerating alterations that climate change is bringing to SESs, adaptive governance generally will require more flexibility than prior governance institutions have often allowed. However, to function as good governance, adaptive governance must pay real attention to the problem of how to balance this increased need for flexibility with continuing governance stability so that it can foster adaptation to change without being perceived or experienced as perpetually destabilizing, disruptive, and unfair. Flexibility and stability serve different purposes in governance, and a variety of tools exist to strike different balances between them while still preserving the governance institution's legitimacy among the people governed. After reviewing those purposes and the implications of climate change for environmental governance, we examine psychological insights into the structuring of adaptive governance and the variety of legal tools available to incorporate those insights into adaptive governance regimes. Because the substantive goals of governance systems will differ among specific systems, we do not purport to comment on what the normative or substantive goals of law should be. Instead, we conclude that attention to process and procedure (including participation, as well as increased use of substantive standards (instead of rules, may allow an increased level of substantive flexibility to operate with legitimacy and fairness, providing the requisite levels of psychological, social, and economic stability needed for communities to adapt successfully to the Anthropocene.

  17. Climate Change and Public Information in the Spanish Central Government. Its Management, Legal and Foresight in Emergencies

    Directory of Open Access Journals (Sweden)

    Ángel Ibáñez

    2013-05-01

    Full Text Available In spite of the increasing amount of data that inform us of the possible causes that have contributed to climate change, the solution to the problem has not been identified or achieved yet. In the beginning it looked like a scientific and technical problem as climate change is attributed to the production and accumulation of greenhouse gases. However, time has shown that this issue is totally linked to public perception and public opinion. The effect of mass media upon the public has a great influence. Experts on climate change are criticizing those who are skeptical of the causes. According to these experts, the response from the international community has decreased by the denial of global warming. The mis-management of public information by governments is one of the causes of the aforementioned decreased response. The regulations about public information have also contributed to this. This article tries to give an opinion about the way in which the Public Administration uses and broadcasts the information and the restrictions and legal limitations it faces.

  18. Privatization and Corporate Governance in Poland: Problems and Trends

    OpenAIRE

    Piotr Kozarzewski

    2006-01-01

    The paper is devoted to the problems of the impact of privatization on corporate governance formation in Poland. It discusses the dilemmas of choosing a model for privatization and corporate governance, legal background, mechanisms of corporate governance formation depending on a privatization method applied, and the evolution of these structures in the course of systemic transformation in Poland. The Author comes to the conclusion that the processes of privatization and corporate governance ...

  19. Mechanisms of ignition by transient energy deposition: Regimes of combustion wave propagation

    OpenAIRE

    Kiverin, A. D.; Kassoy, D. R.; Ivanov, M. F.; Liberman, M. A.

    2013-01-01

    Regimes of chemical reaction wave propagating in reactive gaseous mixtures, whose chemistry is governed by chain-branching kinetics, are studied depending on the characteristics of a transient thermal energy deposition localized in a finite volume of reactive gas. Different regimes of the reaction wave propagation are initiated depending on the amount of deposited thermal energy, power of the source, and the size of the hot spot. The main parameters which define regimes of the combustion wave...

  20. In Search of Legal Foundation for Indonesian Family Firms

    Directory of Open Access Journals (Sweden)

    Yetty Komalasari Dewi

    2016-08-01

    Full Text Available One of the factors that affect Indonesia's economic growth is the existence of business firms. It cannot be ignored that most business firms in Indonesia is family owned firms, and which are considered to constitute as the backbone of the economic development.  Family firms represent the most enduring business model in the world. The continuing success of family firms through the generations relies on ensuring the next generation. However, the issue of family firms is rarely discussed in particular from the perspective of corporate law. In fact, from legal perspectives, there is some issues deal with this type of firms, amongst other, the lack of an overall definition of the term “family business”. It is because family businesses and small medium enterprises (SMEs are widely understood synonymously in spite of the fact that they exist in every size class. Other issue is the questions of its legal basis or legal framework in terms of its corporate governance. Many Indonesian business players lack the basic understanding of corporation’s law. It is partly because these obligations are incompatible with the values and cultures in Indonesia where “kinship principle” is deeply rooted. This article aims to describe the characteristics and the legal frameworks for the family firms in Indonesia. It also recommends the government to take progressive measure by providing clear regulations on the family firms in Indonesia. This will reinforce family firms contribution in economic development of Indonesia in the future. 

  1. Human Rights Promotion through Transnational Investment Regimes: An International Political Economy Approach

    Directory of Open Access Journals (Sweden)

    Claire Cutler

    2013-05-01

    Full Text Available International investment agreements are foundational instruments in a transnational investment regime that governs how states regulate the foreign-owned assets and the foreign investment activities of private actors. Over 3,000 investment agreements between states govern key governmental powers and form the basis for an emerging transnational investment regime. This transnational regime significantly decentralizes, denationalizes, and privatizes decision-making and policy choices over foreign investment. Investment agreements set limits to state action in a number of areas of vital public concern, including the protection of human and labour rights, the environment, and sustainable development. They determine the distribution of power between foreign investors and host states and their societies. However, the societies in which they operate seldom have any input into the terms or operation of these agreements, raising crucial questions of their democratic legitimacy as mechanisms of governance. This paper draws on political science and law to explore the political economy of international investment agreements and asks whether these agreements are potential vehicles for promoting international human rights. The analysis provides an historical account of the investment regime, while a review of the political economy of international investment agreements identifies what appears to be a paradox at the core of their operation. It then examines contract theory for insight into this apparent paradox and considers whether investment agreements are suitable mechanisms for advancing international human rights.

  2. Opinions on legality principles considered in the FLEGT/VPA policy in Ghana and Indonesia

    NARCIS (Netherlands)

    Wiersum, K.F.; Elands, B.H.M.

    2013-01-01

    The Forest Law Enforcement, Governance and Trade programme (FLEGT) of the European Union aims at stimulating both legal timber production and good forest governance. The EU establishes Voluntary Partnership Agreements (VPAs) with individual tropical timber exporting countries; these VPAs should be

  3. Legal Assessment of the Legal Force Exclusion of the 1st Prudential Procedure in the Act on Public Finance

    Directory of Open Access Journals (Sweden)

    Marcin Tyniewicki

    2014-03-01

    Full Text Available By the amendment of the Act on Public Finance of 26 July 2013, Polish legislature made a temporary suspension – till the end of 2013 – of the application of the provisions governing the Ist prudential procedure. This procedure has a crucial meaning for reducing the growth of budget deficit and in consequence – reducing public debt growth. In case of such crucial provisions for public finance, any amendments should be carried out in situations really justified and exceptional as well as with careful respecting of principles of proper legislation. In these aspects mentioned amendment rises a number of objections. For example, rapid pace of parliamentary works causes doubts about correctness of the legislative process. Therefore, in this article the author tries to make a legal assessment of the amendment of the Act on Public Finance of 26 July 2013, both from the formal and legal point of view and taking into the consideration the importance of provisions governing the prudential procedure for whole sphere of Polish public finance.

  4. Yukon's common oil and gas regime

    International Nuclear Information System (INIS)

    Love, B.

    1998-01-01

    The Yukon's common oil and gas regime was developed in partnership with First Nations and it sets out the rules that will apply throughout the Yukon and on Yukon and First Nation lands. While separate and distinct, it conforms with and is compatible with other government systems and regimes. The major elements of the common regime include the Oil and Gas Act, regulations, policies, processes and agreements. The specific opportunities that are available in each phase of oil and gas development in the Yukon are described, with a map showing all basins, reserves and sites of current oil and gas activity. The Yukon has eight potential oil and gas basins: North Coast, Old Crow, Kandik, Eagle Plain, Peel Plateau, Bonnet Plume, Whitehorse Trough, and Liard Plateau. Only three of the eight, the Liard Plateau, Whitehorse Trough and Eagle Plain, have been explored. No wells have been drilled in several of Yukon's basins. Factors influencing economic opportunities in the Territory are also described, including: (1) international events and energy markets, (2) North American gas markets, (3) environmental factors, (4) competitiveness of the Yukon regime, and (5) the commitment of industry resources. 4 figs

  5. Regulating the helping hand: improving legal preparedness for cross-border disaster medicine.

    Science.gov (United States)

    Fisher, David

    2010-01-01

    Medical care is a highly regulated field in nearly every country. Therefore, it is not surprising that legal issues regularly arise in cross-border disaster operations that have with the potential to profoundly impact the effectiveness of international assistance. Little attention has been paid to preparing for and addressing these kinds of issues. This paper will report on research by the International Federation of Red Cross and Red Crescent Societies (IFRC) on International Disaster Response Law, and discuss new developments in the international legal framework for addressing these issues. For seven years, the IFRC has studied legal issues in cross-border disaster assistance. Its activities have included several dozen case studies, a global survey of governments and humanitarian stakeholders, and a series of meetings and high-level conferences. The IFRC has found a consistent set of regulatory problems in major disaster relief operations related to the entry and regulation of international relief. These include some issues specific to the health field, such as the regulation of drug donations and the recognition of foreign medical qualifications. To address the gaps in domestic and international regulatory structures, the IFRC spearheaded the development of new international guidelines. The legal risks for international health providers in disaster settings are real and should be better integrated into program planning. Governments must become more proactive in ensuring that legal frameworks are flexible enough to mitigate these problems.

  6. Organ transplantation: Legal, ethical and Islamic perspective in Nigeria

    Directory of Open Access Journals (Sweden)

    Abubakar A Bakari

    2012-01-01

    Full Text Available Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ

  7. A Study on the Information Analysis and Legal Affairs

    International Nuclear Information System (INIS)

    Chung, W. S.; Yang, M. H.; Yun, S. W.; Lee, D. S.; Kim, H. R.; Noh, B. C.

    2009-02-01

    It is followed that results and contents of a Study on the Nuclear Information Analyses and Legal Affairs. Our team makes an effort to secure KAERI's best legal interest in the process of enacting nuclear laws and codes, international collaborative study, and management. Moreover, as a international trend analysis, we studied Japan government's position to nuclear energy under the aspect of reducing climate change and supplying sustainable energy. Improvement of Japan's radiation use showed increasing contribution of radiation technology to the people. Results of studies of nuclear policy of Kazakhstan, forecasting global trend in 2030 of Nuclear area, and new U.S. government's policy to nuclear energy are also explained. Lastly, we performed evaluation of source of electric generator which reduce emitting carbon dioxide in the aspect of greenhouse gas emission statistic and tested green gas reducing ability of Korea's green source of electric generator that reducing greenhouse gas effect

  8. 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

  9. Corporate governance and corporate social responsibility: A typology of OECD countries

    Directory of Open Access Journals (Sweden)

    Patricia Crifo

    2016-06-01

    Full Text Available This article investigates the relationships between corporate governance and Corporate Social Responsibility (CSR. The underlying intuition is that governance factors are major determinants of CSR policies and extra-financial performance. More precisely, we identify three main factors that determine the strength of CSR engagement at the firm level: the structure of equity ownership (identity of shareholders, the composition and structure of board of directors, and the regulatory framework on corporate governance and CSR. We show how evolutions regarding corporate governance over the three previous decades have paved the way and shaped the rise of CSR. In addition, we elaborate a typology of CSR and governance structures that characterize OECD countries depending on whether the CSR reporting regime is stringent versus non-stringent, and on whether the corporate governance model is based on the shareholder, stakeholder or hybrid regime.

  10. Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts

    Directory of Open Access Journals (Sweden)

    Mohammad Hajizadeh

    2016-08-01

    Full Text Available Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens’ tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada’s black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana.

  11. Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts.

    Science.gov (United States)

    Hajizadeh, Mohammad

    2016-05-25

    Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens' tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada's black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana. © 2016 by Kerman University of Medical Sciences.

  12. Accountability and non-proliferation nuclear regime: a review of the mutual surveillance Brazilian-Argentine model for nuclear safeguards

    International Nuclear Information System (INIS)

    Xavier, Roberto Salles

    2014-01-01

    The regimes of accountability, the organizations of global governance and institutional arrangements of global governance of nuclear non-proliferation and of Mutual Vigilance Brazilian-Argentine of Nuclear Safeguards are the subject of research. The starting point is the importance of the institutional model of global governance for the effective control of non-proliferation of nuclear weapons. In this context, the research investigates how to structure the current arrangements of the international nuclear non-proliferation and what is the performance of model Mutual Vigilance Brazilian-Argentine of Nuclear Safeguards in relation to accountability regimes of global governance. For that, was searched the current literature of three theoretical dimensions: accountability, global governance and global governance organizations. In relation to the research method was used the case study and the treatment technique of data the analysis of content. The results allowed: to establish an evaluation model based on accountability mechanisms; to assess how behaves the model Mutual Vigilance Brazilian-Argentine Nuclear Safeguards front of the proposed accountability regime; and to measure the degree to which regional arrangements that work with systems of global governance can strengthen these international systems. (author)

  13. Technological innovations in forensic genetics: social, legal and ethical aspects.

    Science.gov (United States)

    Wienroth, Matthias; Morling, Niels; Williams, Robin

    2014-01-01

    This paper discusses the nature of four waves of technological innovations in forensic genetics alongside the social, legal and ethical aspect of these innovations. It emphasises the way in which technological advances and their socio-legal frameworks are co-produced, shaping technology expectations, social identities, and legal institutions. It also considers how imagined and actual uses of forensic genetic technologies are entangled with assertions about social order, affirmations of common values and civil rights, and promises about security and justice. Our comments seek to encourage the participation of scientific actors in the development of anticipatory governance deliberations concerning the widening application of forensic genetics in an increasing number of criminal and civil jurisdictions.

  14. European Union Legal Methods - Moving Away From Integration

    NARCIS (Netherlands)

    Eckes, C.; Neergaard, U.; Nielsen, R.

    2013-01-01

    Notwithstanding the permanent state of crises of the European Union (EU or Union) in the past seven years, EU law continues to govern the legal relationships of individuals and Member States in ever more areas. Union law is self-reinforcing in the sense that it is constructed to increase in scope

  15. Legal Aspects of Teaching Music Students with Disabilities

    Science.gov (United States)

    Crockett, Jean B.

    2017-01-01

    The public education of students with disabilities in the United States is governed by federal policies that promote school improvement, protect students from discrimination, and provide those who need it with special education and related services to meet their individual needs. This article explains the legal aspects of teaching students with…

  16. Local Government in the South Pacific Islands

    Directory of Open Access Journals (Sweden)

    Graham Hassall

    2008-04-01

    Full Text Available In this paper we seek to answer some basic questions about the condition of local government in the Pacific. Firstly, we examine what is meant by ‘local government’ in the various islands and for that matter how Pacific Island states have perceived and accepted local government institutions in practice; second, we ask basic questions about existing legal and constitutional recognition and powers; and third, we provide initial findings on current per capita expenditure and local government financial viability in a number of Pacific cities and towns. We also make some observations on current moves towards local government reform.

  17. CORPORATE GOVERNANCE IN ROMANIA. EVOLUTION AND PERSPECTIVES

    Directory of Open Access Journals (Sweden)

    BUȘAN GABRIELA

    2015-03-01

    Full Text Available Thanks to slow way to political, legal, social and economic reform, the corporate governance appears in Romania, from concept and filing, until the early 2000`s. This paper analyzes the evolution of corporate governance in the period 2000-2015, it is presented the OECD principles of corporate governance of companies listed on the Bucharest Stock Exchange and it analyse the situation of the public entities who had the obligation to apply the provisions of O.U.G 109/2011 on corporate governance of public entities and to publish on its Web site the Annual Report

  18. Public health legal preparedness in Indian country.

    Science.gov (United States)

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

    2009-04-01

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

  19. Epilepsy: legal discrimination from negative to positive.

    Science.gov (United States)

    Mani, K S

    1997-01-01

    Indian law equates epilepsy with temporary insanity and also prohibits a legally valid marriage for a person with epilepsy with inherent risk of divorce. This absurd law, unique to India and possibly Brazil, must be excised in toto. Repeated petitions, by the Indian Epilepsy Association, to the Federal Government, have resulted in only vague assurances and alternate methods are under consideration. There are no legal impediments to education or work. Strict regulations against driving have yielded place to lax rules wherein a person can drive a vehicle, even after a recent fit, provided he gets a certificate from any registered medical practitioner. The nascent medical insurance specifically excludes epilepsy from its ambit. The cost of anti-epileptic drugs includes a 40% tax akin to Value Added Tax in the West. We must consider the impact of these legal impediments on the social fabric of the individual in his/her milieu and vis-a-vis priorities in national development.

  20. Understanding cultural practices of governing in the Panama Canal Expansion Megaproject

    NARCIS (Netherlands)

    van Marrewijk, A.H.; Smits, K.C.M.

    2016-01-01

    The academic debate on governance in project management is dominated by research that looks at the structure of governance regimes, but there is very little research on the micro-practices of governance as it actually takes place. This paper fills this gap by focusing on the governance practices of

  1. The evolution, etiology and eventualities of the global health security regime.

    Science.gov (United States)

    Hoffman, Steven J

    2010-11-01

    Attention to global health security governance is more important now than ever before. Scientists predict that a possible influenza pandemic could affect 1.5 billion people, cause up to 150 million deaths and leave US$3 trillion in economic damages. A public health emergency in one country is now only hours away from affecting many others. Using regime analysis from political science, the principles, norms, rules and decision-making procedures by which states govern health security are examined in the historical context of their punctuated evolution. This methodology illuminates the catalytic agents of change, distributional consequences and possible future orders that can help to better inform progress in this area. Four periods of global health security governance are identified. The first is characterized by unilateral quarantine regulations (1377-1851), the second by multiple sanitary conferences (1851-92), the third by several international sanitary conventions and international health organizations (1892-1946) and the fourth by the hegemonic leadership of the World Health Organization (1946-????). This final regime, like others before it, is challenged by globalization (e.g. limitations of the new International Health Regulations), changing diplomacy (e.g. proliferation of global health security organizations), new tools (e.g. global health law, human rights and health diplomacy) and shock-activated vulnerabilities (e.g. bioterrorism and avian/swine influenza). This understanding, in turn, allows us to appreciate the impact of this evolving regime on class, race and gender, as well as to consider four possible future configurations of power, including greater authority for the World Health Organization, a concert of powers, developing countries and civil society organizations. This regime analysis allows us to understand the evolution, etiology and eventualities of the global health security regime, which is essential for national and international health

  2. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals (Chinese Edition)

    International Nuclear Information System (INIS)

    2014-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit trafficking and the inadvertent movement of

  3. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals (Arabic Edition)

    International Nuclear Information System (INIS)

    2014-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit trafficking and the inadvertent movement of

  4. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals (Spanish Edition)

    International Nuclear Information System (INIS)

    2014-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objeurity Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit

  5. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals (French Edition)

    International Nuclear Information System (INIS)

    2014-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit trafficking and the inadvertent movement of

  6. Public-private interactions in global food safety governance.

    Science.gov (United States)

    Lin, Ching-Fu

    2014-01-01

    In response to an apparent decline in global food safety, numerous public and private regulatory initiatives have emerged to restore public confidence. This trend has been particularly marked by the growing influence of private regulators such as multinational food companies, supermarket chains and non-governmental organizations (NGOs), who employ private standards, certification protocols, third-party auditing, and transnational contracting practices. This paper explores how the structure and processes of private food safety governance interact with traditional public governance regimes, focusing on Global Good Agricultural Practices (GlobalGAP) as a primary example of the former. Due to the inefficiency and ineffectiveness of public regulation in the face of global problems, private governance in food safety has gradually replaced states' command-and-control regulation with more flexible, market-oriented mechanisms. The paper concludes by emphasizing the importance of constructive regime interaction instead of institutional boundary building to global food safety governance. Public and private ordering must each play a role as integral parts of a larger, dynamic and evolving governance complex.

  7. 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

  8. The European Energy Regulators Group. A panacea for good governance?

    International Nuclear Information System (INIS)

    Lavrijssen, S.A.C.M.

    2004-01-01

    This article analyses how the European Energy Regulators Group (ERGEG) may promote good governance in the EU. It is concluded that the ERGEG to some extent can stimulate national regulatory authorities into implementing European law more consistently, effectively and proportionally. Since the European Commission has a special responsibility as regards the functioning of the ERGEG, the future role of the ERGEG will depend on whether or not the Commission will leave it some autonomy to develop its advisory-, benchmarking- and coordinating role. Since the European legal framework does not include clear procedural good governance norms, there is a danger that the interests of the market parties are inadequately represented and protected at the European level. Although the ERGEG cannot take legally binding decisions, it is argued that its decisions or common standards may have legal effects. Therefore, it is of the utmost importance that the European legal framework regulates the right of access to ERGEG documents, the exchange and use of information within the ERGEG, the protection of confidential information, the right of participation and the involvement of the European Parliament [nl

  9. Governing the carbon offset market

    OpenAIRE

    Lovell, Heather C.

    2010-01-01

    Carbon offsets are produced and sold under the international climate change regime (the United Nations Kyoto Protocol) and also within an expanding voluntary offset market in which companies and individuals can voluntarily opt to compensate for their greenhouse gas emissions. The volume of carbon produced and consumed within compliance and voluntary markets has grown dramatically in the last 5 years, raising a number of governance challenges. This Focus Article gives an overview of the govern...

  10. The Development of Local Self-Government in Russia in the Late XVII – First Quarter of XVIII Century

    Directory of Open Access Journals (Sweden)

    Bykov Aleksandr V.

    2018-03-01

    Full Text Available On the basis of analysis of normative-legal acts, with the involvement of Russian scientists of XIX – beginning of XX centuries and results of modern studies of the development of local self-government in the Russian Empire of the XVII – first quarter of XVIII century the article is focused on issues of regulatory-legal regulation, the ratio of state and local interests in the activities of local administration bodies, relations of the crown (appointed by the Central government, the Czar and elected bodies of local governance. The Author reveals the motivation of the central government (the Czar to the formation of a new local government system, its features, functions. The legal bases and the principles of election of officers of local authorities are also discussed. It is concluded that the attempt to introduce in Russia the local municipal city self-government on foreign models was unsuccessful. The Author expresses an opinion on the limited nature of elected bodies of local governance, the primacy of the interests of the central government in their activities.

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

    Science.gov (United States)

    Pomeranz, Jennifer L; Brownell, Kelly D

    2008-09-01

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

  12. 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.

  13. Proposed amendments to the Accord Acts to incorporate an offshore occupational health and safety regime

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-04-15

    The Canada Atlantic Accords signed in 1985 with Newfoundland and Labrador and in 1986 with Nova Scotia facilitate the orderly development of petroleum resources in Canada's Atlantic offshore area. These accords established the Canada-Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board and made them responsible, on behalf of the federal government and the respective provincial government, for the joint management of petroleum resources in the offshore area. While the federal and provincial governments are responsible for establishing the regime for operational safety and occupational health and safety to be administered by the 2 boards, there is no division of responsibilities between the provincial occupational health and safety regime and the Accord Acts. There is agreement amongst governments that the accord acts should be amended to clarify responsibilities and vest sole authority for occupational health and safety in the accord acts. This document outlined the policy intent of the proposed amendments to the Accord Acts to ground an occupational health and safety regime for the east coast offshore areas in legislation. The document discussed legislation to be amended; governance; and provisions of the occupational health and safety regime. General matters such as the application of the policy, allocation of responsibility and interpretation were also discussed. The general duties of the operators were identified along with specific duties of operators; duties related to transportation; occupational health and safety policy; health and safety management system; codes of practice; notification of accidents; duties of employers; and occupational health and safety program. Compliance and enforcement provisions were also summarized.

  14. Regime-switching stochastic volatility. Evidence from the crude oil market

    International Nuclear Information System (INIS)

    Vo, Minh T.

    2009-01-01

    This paper incorporates regime-switching into the stochastic volatility (SV) framework in an attempt to explain the behavior of crude oil prices in order to forecast their volatility. More specifically, it models the volatility of oil return as a stochastic volatility process whose mean is subject to shifts in regime. The shift is governed by a two-state first-order Markov process. The Bayesian Markov Chain Monte Carlo method is used to estimate the models. The main findings are: first, there is clear evidence of regime-switching in the oil market. Ignoring it will lead to a false impression that the volatility is highly persistent and therefore highly predictable. Second, incorporating regime-switching into the SV framework significantly enhances the forecasting power of the SV model. Third, the regime-switching stochastic volatility model does a good job in capturing major events affecting the oil market. (author)

  15. Smart design rules for smart grids : analysing local smart grid development through an empirico-legal institutional lens

    NARCIS (Netherlands)

    Lammers, Imke; Heldeweg, Michiel A.

    2016-01-01

    Background: This article entails an innovative approach to smart grid technology implementation, as it connects governance research with legal analysis. We apply the empirico-legal ‘ILTIAD framework’, which combines Elinor Ostrom’s Institutional Analysis and Development (IAD) framework with

  16. Legal Loopholes and the Politics of Executive Term Limits: Insights from Burundi

    Directory of Open Access Journals (Sweden)

    Stef Vandeginste

    2016-01-01

    Full Text Available The nomination of incumbent Pierre Nkurunziza to stand again for president in the 2015 national elections triggered a political and security crisis in Burundi. A crucial element in the controversy around his third term was the legality of his candidacy. This paper analyses how domestic and international actors responded to the legal loopholes that characterised Burundi’s term-limit legislation. Three responses are distinguished. First, quite paradoxically, an argument was put forward by third-term supporters that stressed constitutional legality, a value usually invoked by third-term opponents. Second, a peace agreement was referred to as a source of legitimacy and as a legal norm. Third, a Constitutional Court ruling was invoked to address the legal loophole. Despite the apparent irrelevance of legal norms in an increasingly authoritarian environment, law significantly shaped the dynamics of the third-term debate and of the wider crisis. The Burundi case also illustrates the limitations of constitutional engineering of democratic governance.

  17. EMPLOYEES’ RIGHTS IN THE CORPORATE GOVERNANCE CONTEXT

    Directory of Open Access Journals (Sweden)

    Andrei Emil Moise

    2014-11-01

    Full Text Available The recent redrafting of the corporate governance legal frame at the European level, with emphasis on its functions of valorization and security of shareholders’ rights, maximizing profits and minimizing risks, raises the balance issue between the above stated goals and the necessity for compliance with employees’ rights. In this context, we intend to analyze the possibility for the labour regulations to be completed or substituted by the “soft-law” regulations, product of corporate governance, to identify the degree of stability, transparency and predictability of the employer-employee relationship and to identify the reconciliation methods between the apparently differing objectives of corporate governance and protection of employees’ rights. The study performs an analysis of the cases in which relevant provision form both corporate law and labour law are applicable, providing also practical examples from the real business environment, a comparative analysis of the relevant legal provisions from the principal EU member states and also an examination of the relevant doctrine. The research results indicate the negative effect of the poor implementation of the corporate governance rules over employees’ rights, but also the fact that compliance with employees’ rights can be and should be an instrument of the effective and transparent corporate governance rather than a barrier, providing several directions for improving the labour relations in the corporate environment.

  18. Improving Unsustainable Environmental Governance in South Africa: the Case for Holistic Governance

    Directory of Open Access Journals (Sweden)

    LJ Kotze

    2006-05-01

    Full Text Available Environmental law in South Africa has developed in a rapid fashion since the inception of the new constitutional dispensation in 1994. This development is evident from, inter alia, the constitutionalisation of the environmental right in section 24 of the Constitution of the Republic of South Africa, 1996. Section 24 contains amongst other provisions, directive principles that impose duties on government to protect the environment for present and future generations through reasonable legislative and other measures. It is apparent from section 24 that these measures should ensure environmental governance practices that are aimed at the achievement of sustainable results. The South African environmental governance regime is, however, characterised by fragmentation that may negate the achievement of sustainable environmental governance. It is argued in this article that, for environmental governance to become sustainable, it is necessary to integrate environmental governance efforts, possibly by way of a holistic approach to environmental governance. In light of the above, this article: investigates the nature and extent of fragmentation; explores reasons for fragmentation; discusses disadvantages of fragmented governance efforts in South Africa; investigates the concept of integration and holistic governance as means to achieve sustainable environmental governance results; and makes recommendations regarding the eventual achievement of integrated, holistic and sustainable environmental governance.

  19. Governing biobanks: understanding the interplay between law and practice

    National Research Council Canada - National Science Library

    Kaye, Jane

    2012-01-01

    ... as the potential of individually-tailored drug treatments based on genetic predisposition. However, they also raise considerable challenges for existing legal frameworks and research governance structures...

  20. Conflict of law issues related to Switzerland's participation in the Paris Nuclear Third Party Liability Regime

    International Nuclear Information System (INIS)

    Waldner, Michael

    2012-01-01

    In spite of the active role Switzerland played during the negotiation process of the Paris Convention, it only recently ratified the Convention including all its amending Protocols. The whole Paris regime will become binding for Switzerland only upon entry into force of the Protocols of 2004. Concurrently, the Federal Council will put into force a revised Swiss Nuclear Liability Act and ratify the Joint Protocol. Being a party to the Paris regime and the Joint Protocol, Switzerland will be in treaty relationships with Paris states and with Vienna states which are party to the Joint Protocol. This paper assesses the legal protection of Swiss victims and the liability risks faced by Swiss operators and other potential defendants (such as suppliers and builders) under the new legal regime with a particular view to conflict of laws issues. For the purpose of this assessment the paper examines which courts will be competent to hear claims of Swiss victims and against Swiss defendants in different scenarios, which law these courts should apply, whether or not the principle of legal channelling will apply and what the applicable liability amounts are. The assessment shows an ambiguous picture: Swiss operators, suppliers and builders clearly benefit from a higher degree of legal certainty. While in the absence of treaty relationships Swiss operators could potentially be sued before any foreign court, there will now be only one court with jurisdiction over claims of victims of convention states; Swiss suppliers and builders for their part will be protected by the principle of legal channelling, which basically exempts them from any liability risk. Swiss victims will benefit from treaty-backed entitlement to compensation from foreign operators; also, the judgements rendered in their favour will be enforceable in the whole convention territory; however, the limitation of the operator's liability in many Paris and Vienna states, raises doubts about whether the available funds

  1. CSR Standards in Supply Chain Contracts: A Critical Review of the Legal Literature

    DEFF Research Database (Denmark)

    Valkanou, Theodora; Mitkidis, Katerina

    2018-01-01

    with respect to the sensitive topic of social and environmental conditions in international supply chains. This paper presents a critical account of the ways the incorporation of CSR standards in supply chain contracts has been addressed through the lenses of contract law and regulatory doctrine. Legal...... conducted empirical research in order to comprehend the operation of CSR standards in supply chain contracts in practice. The present article documents and critically reviews the different streams of legal scholarship in this area with a view to reaching conclusions on whether (further) exploration by legal......An intensive rise of private regulatory governance within the Corporate Social Responsibility (CSR) arena has preoccupied legal scholars for over a decade now. The role of supply chain contracts as means to regulate CSR issues has gradually gained momentum in legal scholarship, especially...

  2. Hard and Soft Governance: The Journey from Transnational Agencies to School Leadership

    Science.gov (United States)

    Moos, Lejf

    2009-01-01

    The governance and leadership at transnational, national and school level seem to be converging into a number of isomorphic forms as we see a tendency towards substituting "hard" forms of governance, that are legally binding, with "soft" forms based on persuasion and advice. This article analyses and discusses governance forms…

  3. The global safety regime - Setting the stage

    International Nuclear Information System (INIS)

    Meserve, R.A.

    2005-01-01

    The existing global safety regime has arisen from the exercise of sovereign authority, with an overlay of voluntary international cooperation from a network of international and regional organizations and intergovernmental agreements. This system has, in the main, served us well. For several reasons, the time is ripe to consider the desired shape of a future global safety regime and to take steps to achieve it. First, every nation's reliance on nuclear power is hostage to some extent to safety performance elsewhere in the world because of the effects on public attitudes and hence there is an interest in ensuring achievement of common standards. Second, the world is increasingly interdependent and the vendors of nuclear power plants seek to market their products throughout the globe. Efficiency would arise from the avoidance of needless differences in approach that require custom modifications from country to country. Finally, we have much to learn from each other and a common effort would strengthen us all. Such an effort might also serve to enhance public confidence. Some possible characteristics of such a regime can be identified. The regime should reflect a global consensus on the level of safety that should be achieved. There should be sufficient standardization of approach so that expertise and equipment can be used everywhere without significant modification. There should be efforts to ensure a fundamental commitment to safety and the encouragement of a safety culture. And there should be efforts to adopt more widely the best regulatory practices, recognizing that some modifications in approach may be necessary to reflect each nation's legal and social culture. At the same type, the regime should have the characteristics of flexibility, transparency, stability, practicality, and encouragement of competence. (author)

  4. The Bali Firewall and Member States’ Future Obligations within the Climate Change Regime

    Directory of Open Access Journals (Sweden)

    Christopher Smith

    2010-12-01

    Full Text Available At the 13th Conference of the Parties to the United Nations Framework Convention on Climate Change, held in Bali in 2007, the COP decided to launch a process to reach an agreed outcome at its 15th session held in Copenhagen in 2009. This decision, known as the Bali Action Plan, contains two subparagraphs that set out broadly the parameters within which future possible legal obligations pertaining to developed and developing nations regarding the mitigation of climate change are to be addressed as part of this process as per the decision. The purpose of addressing these obligations is to enable the implementation of the Convention, so the subparagraphs should have a basis in the Convention. One subparagraph deals with future possible legal obligations pertaining to developed country Parties and the other deals with those pertaining to developing country Parties. The content of each subparagraph differs and therefore a fundamental difference in the future possible legal obligations pertaining to developed and developing country Parties is pre-defined within the Bali Action Plan. This difference, as it is perceived by most developing country Parties, has become known colloquially as the Bali firewall. This article will set out the content of the pre-defined sets of parameters and investigate the basis for this content, and difference in content in relation to the other, in the provisions and principles set out in the Convention. It will then conclude on the validity of the Bali firewall in terms of the content of the Convention. Additionally it will analyse whether the ‘outcome’ of the 15th Conference of the Parties falls in line with the future legal obligations of member states within the climate regime as perceived by most developing country Parties in terms of the Bali firewall. Lastly it will analyse member states’ future legal obligations within the climate change regime in the context of the overall objective of the Convention and the

  5. Legal Guarantees of Economic Competition in the European Union Public Procurement Regulation

    Directory of Open Access Journals (Sweden)

    E. Kosiński

    2017-01-01

    Full Text Available Purpose: the purpose of this publication is to assess legal guaranties of competition (free competition between contractors in broadly perceived process of granting public procurement, which means not only entering into a contract subject to the specific legal regime, concluded by a public purchaser, or possible private purchaser subordinated to that legal regime, with a contractor (contractors in order to satisfy its demand for certain goods or services, but also a due course of the whole process of granting public procurement, perceived as a sequence of factual and legal actions beginning with the moment of public announcement of a procurement, sending an invitation for submitting offers or sending invitation to negotiate for selection of an offer of a given contractor, up till final fulfilment of all obligations of the parties under the public procurement contract. Methods: the major research method is the dogmatic-legal method, namely an analysis of legal text of different laws. Moreover, there is a critical analysis of scholar literature. The most important in this context is to indicate mutual co-relations between competition and fair competition in area of public procurement system and to point other major principles of the public procurement process, such as non-discrimination rule, transparency, impartiality and objectiveness rule, legality rule, openness, rule of written form, primate of using tender mode (competitive mode, in another words it is a rule of extraordinary application of non-competitive modes or primate of granting public procurement in a tender mode. All of those rules constitute together components of the guarantee of genuine competition within the whole process of granting a public procurement. It must be stressed that the literature in the area of research in not really rich. This is accurate in terms of Polish literature and EU literature, too. Results. Conclusions and relevance: results of the research are such

  6. Perspectives on the International and Internal Nuclear Security Regime

    International Nuclear Information System (INIS)

    Jang, Sung Soon

    2015-01-01

    The term, 'Nuclear Security' became more familiar to Korean public after the government hosted 2012 Seoul Nuclear Security Summit. Nuclear Security is prevention of, detection of and response to criminal or intentional unauthorized acts involving or directed at nuclear material, other radioactive material, associated facilities, or associated activities. Nuclear Security includes physical protection, security of radioactive sources, nuclear forensics, nuclear smuggling prevention, border monitoring, and cyber security with regard to nuclear and other radiological materials. This abstract will review recent international trends and discuss the nuclear security regime in the Republic of Korea (ROK). The international Nuclear Security Regime has been strengthened. The upcoming Chicago Summit in 2016 and the entry into force of the Amendment of Convention on Physical Protection of Nuclear Materials (CPPNM) will bring major changes in nuclear security. The Republic of Korea hosted the 2012 Seoul Summit and strengthened domestic regime to meet international standards. The ROK has worked hard to contribute to the international security regime and to establish a robust domestic security regime against terrorist threats. Even if the nuclear security regime is robust, Risk-informed Nuclear Security management should be established to meet international standards and to implement effective as well as an efficient nuclear security regime

  7. Perspectives on the International and Internal Nuclear Security Regime

    Energy Technology Data Exchange (ETDEWEB)

    Jang, Sung Soon [Korea Nuclear Non-proliferation and Control, Daejeon (Korea, Republic of)

    2015-10-15

    The term, 'Nuclear Security' became more familiar to Korean public after the government hosted 2012 Seoul Nuclear Security Summit. Nuclear Security is prevention of, detection of and response to criminal or intentional unauthorized acts involving or directed at nuclear material, other radioactive material, associated facilities, or associated activities. Nuclear Security includes physical protection, security of radioactive sources, nuclear forensics, nuclear smuggling prevention, border monitoring, and cyber security with regard to nuclear and other radiological materials. This abstract will review recent international trends and discuss the nuclear security regime in the Republic of Korea (ROK). The international Nuclear Security Regime has been strengthened. The upcoming Chicago Summit in 2016 and the entry into force of the Amendment of Convention on Physical Protection of Nuclear Materials (CPPNM) will bring major changes in nuclear security. The Republic of Korea hosted the 2012 Seoul Summit and strengthened domestic regime to meet international standards. The ROK has worked hard to contribute to the international security regime and to establish a robust domestic security regime against terrorist threats. Even if the nuclear security regime is robust, Risk-informed Nuclear Security management should be established to meet international standards and to implement effective as well as an efficient nuclear security regime.

  8. Reforming the Financial System Governing the Relationships Between Spouses (Marital Life, Common Properties

    Directory of Open Access Journals (Sweden)

    محمد روشن

    2017-03-01

    Full Text Available Separation of property is defined as a principle of matrimonial regime such as, «Alimony» (Nafaqe, «Seal» (Mahriyeh and «Quantum Meruit»  (Ojrat al-Mesl, in Iranian family law. Matrimonial regime in family law is- beside some other especial factors- mainly dependent on the "separation of property regime". But the result of this regime is not perfect. It seems that these factors are unable to create financial equality between spouses which is the main character of modern family law. In order to improve the financial structure of families and accommodate it with modern family requirements, we should redefine matrimonial regimes, for that to be able to create economic equality between spouses. There fore, it is recommended that the legislature, inspired by experiences of other legal systems, starts to modify the regime of separation and prepare the choice of “community of property” between spouses besides the currently existing financial regime.

  9. 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.

  10. EU risk governance of 'cloned food': regulatory uncertainty between trade and non-trade

    NARCIS (Netherlands)

    Weimer, M.; van Asselt, M.B.A.; Versluis, E.; Vos, E.

    2013-01-01

    This chapter analyzes the difficulties of creating a viable legal framework for ‘cloned food’ in the EU combining a legal perspective with insights from the interdisciplinary research on risk governance. Animal cloning offers an instructive example for the challenges of designing regulatory

  11. 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

  12. Argumentation in Legal Reasoning

    Science.gov (United States)

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

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

  13. The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada; Comment on “Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts”

    Directory of Open Access Journals (Sweden)

    Stephanie Lake

    2017-05-01

    Full Text Available A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited public concerns of marijuana legalization – adolescent usage and impaired driving – and discuss how the underdeveloped and equivocal body of scientific literature surrounding these issues limits the ability to predict the effects of legalization. Finally, we discuss the potential for some potential public health benefits of marijuana legalization – specifically the potential for marijuana to be used as a substitute to opioids and other risky substance use – that have to date not received adequate attention.

  14. REGIME OF REFUGEES IN ROMANIA. THE LEGAL FRAMEWORK AND ITS RECENT DEVELOPMENTS

    Directory of Open Access Journals (Sweden)

    Oana-Adriana IACOB

    2017-05-01

    Full Text Available The present paper offers a general overview of the legal framework of the Romanian asylum system and of its most recent developments, trigerred by the ”refugee crisis” that created turmoils and generated debates at the European and international levels. Although traditionally a transit country for migrants, that remained largely unaffected by the crisis, the controversies around the issue and the perspective of an increase of the migration flow, represented an incentive for the adoption of measures at national level, aiming to improve the asylum system and the perspectives of social integration of those who were granted a form of international protection. This study aims to highlight these developments and to place them in a larger international/European context.

  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. 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.

  17. The role of law and governance reform in the global response to non-communicable diseases.

    Science.gov (United States)

    Magnusson, Roger S; Patterson, David

    2014-06-05

    Addressing non-communicable diseases ("NCDs") and their risk-factors is one of the most powerful ways of improving longevity and healthy life expectancy for the foreseeable future - especially in low- and middle-income countries. This paper reviews the role of law and governance reform in that process. We highlight the need for a comprehensive approach that is grounded in the right to health and addresses three aspects: preventing NCDs and their risk factors, improving access to NCD treatments, and addressing the social impacts of illness. We highlight some of the major impediments to the passage and implementation of laws for the prevention and control of NCDs, and identify important practical steps that governments can take as they consider legal and governance reforms at country level.We review the emerging global architecture for NCDs, and emphasise the need for governance structures to harness the energy of civil society organisations and to create a global movement that influences the policy agenda at the country level. We also argue that the global monitoring framework would be more effective if it included key legal and policy indicators. The paper identifies priorities for technical legal assistance in implementing the WHO Global Action Plan for the Prevention and Control of NCDs 2013-2020. These include high-quality legal resources to assist countries to evaluate reform options, investment in legal capacity building, and global leadership to respond to the likely increase in requests by countries for technical legal assistance. We urge development agencies and other funders to recognise the need for development assistance in these areas. Throughout the paper, we point to global experience in dealing with HIV and draw out some relevant lessons for NCDs.

  18. Building regulatory enforcement regimes : Comparative analysis of private sector involvement in the enforcement of public building regulations

    NARCIS (Netherlands)

    Van der Heijden, J.J.

    2009-01-01

    It is often assumed that traditional regulatory regimes centered on governmental action will benefit from greater private sector involvement. And, under the catchy phrase "from government to governance" globally a wide variety of hybrid forms of governance has emerged. However, little empirical

  19. Nigerian government and oil subsidy regime: a horn of dilemma ...

    African Journals Online (AJOL)

    International Journal of Development and Management Review ... To achieve these goals, the Nigerian State is required to harness its huge human and ... It concludes that unless the government predicates its legitimacy on the peoples' ...

  20. Deterrence and constrained enforcement: Alternative regimes to deal with bribery

    OpenAIRE

    Graf Lambsdorff, Johann

    2010-01-01

    This study embeds transaction cost analysis into a Law and Economics model to produce general recommendations on how to deter bribery. Governments may deter bribery either by high penalties and risks of detection, potentially supported by leniency given to those who report their infraction (deterrence regime). Another local optimum is achieved if the government amplifies the risk of opportunism, aggravating the difficulties of enforcing a bribe transaction. This involves a low probability of ...

  1. 42 CFR 56.304 - Governing board.

    Science.gov (United States)

    2010-10-01

    ...) Composition. (1) A majority of the board members must be migratory and seasonal agricultural workers and..., finance and banking, legal affairs, trade unions, and other commercial and industrial concerns, or social... establishment of policy in the conduct of the center. (2) The governing board shall hold regularly scheduled...

  2. Mentally disordered criminal offenders: legal and criminological perspectives.

    Science.gov (United States)

    Dahlin, Moa Kindström; Gumpert, Clara Hellner; Torstensson-Levander, Marie; Svensson, Lupita; Radovic, Susanna

    2009-01-01

    Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.

  3. GOVERNMENT QUALITY; PROFESSIONALIZE THE SERVICE

    OpenAIRE

    Dr. Gabriela Valderrama Izquierdo; Mtro Jan Fabisiak; Carla Assenth Nava

    2017-01-01

    What do we call good governance and how to go forward with better practices in public administration, it is an important issue in modern societies that require appropriate legal framework in time matter, which are aimed at achieving higher and better levels of social welfare, but also take a shift towards higher levels of citizen engagement.

  4. LEGAL AID IN INDIA: RETUNING PHILOSOPHICAL CHORDS

    Directory of Open Access Journals (Sweden)

    S. Chandra

    2015-01-01

    Full Text Available Legal aid in India has evolved over the last few decades since 42nd Amendment to the Indian Constitution. This paper attempts to provide philosophical underpinnings suggesting how legal aid model has evolved over the years and excogitate a newer trajectory for its future evolution. It delves into weighing Kant’s imperfect duty justifying a charity based regime and marks a transition to utilitarian model suggesting requirement of institutional need to address issues of basic liberty of ‘access to justice.’ It also spells out Rawls’ principles of justice and attempts to explore their applicability in the Indian context, to chart out a road map for future. While contrasting different models on legal aids, it makes a finding that, India doesn’t accord priority to liberty of access to justice. The Indian Supreme Court has emerged as a bastion of liberty but the finer details of the enactment has been messed up by the Indian lawmakers. The lower compensation to lawyers and lack of alternative incentives in attracting established litigators, testifies this. There is a convergence in Kantian duty of benevolence and Rawls’ liberty principle but in the world of moral relativism, a fair compensation must precede before imposing any obligation on lawyers to take up pro bono matters, as doing so, is likely to compromise their ‘true needs.’

  5. 'Government Patent Use': A Legal Approach To Reducing Drug Spending.

    Science.gov (United States)

    Kapczynski, Amy; Kesselheim, Aaron S

    2016-05-01

    The high cost of patent-protected brand-name drugs can strain budgets and curb the widespread use of new medicines. An example is the case of direct-acting antiviral drugs for the treatment of hepatitis C. While prices for these drugs have come down in recent months, they still create barriers to treatment. Additionally, prescribing restrictions imposed by insurers put patients at increased risk of medical complications and contribute to transmission of the hepatitis C virus. We propose that the federal government invoke its power under an existing "government patent use" law to reduce excessive prices for important patent-protected medicines. Using this law would permit the government to procure generic versions of patented drugs and in exchange pay the patent-holding companies reasonable royalties to compensate them for research and development. This would allow patients in federal programs, and perhaps beyond, to be treated with inexpensive generic medicines according to clinical need-meaning that many more patients could be reached for no more, and perhaps far less, money than is currently spent. Another benefit would be a reduction in the opportunity for companies to extract monopoly profits that far exceed their risk-adjusted costs of research and development. Project HOPE—The People-to-People Health Foundation, Inc.

  6. International environmental governance: Lessons learned from Human Rights Institutional Reform

    Energy Technology Data Exchange (ETDEWEB)

    Fauchald, Ole Kristian

    2011-07-01

    This report focuses on the possibility of establishing a High Commissioner for the Environment and transforming the UNEP Governing Council into a Council for the Environment. For this purpose, it considers the parallels between human rights regimes and environmental regimes. It provides a short-list of functions to be covered by a reformed environmental governance regime, and discusses how the reform can be coordinated with UNEP, as well as with the current and future institutional framework for sustainable development. The report also discusses how the reform can be related to fifteen core multilateral environmental agreements. Finally, the report considers how the reform can be carried out through a discussion of five separate options: a decision by the UN General Assembly, by the ECOSOC, or by the UNEP Governing Council, as well as through agreements between conferences of parties of environmental agreements, or directly between states. A main purpose of the report, which has been commissioned by the Norwegian Ministry for the Environment, is to provide input to the preparations for the Rio+20 Conference in 2012.(auth)

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

    Directory of Open Access Journals (Sweden)

    Ivan Zuenko

    2017-01-01

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

  8. A Failure of "Convivencia": Democracy and Discourse Conflicts in a Virtual Government

    Science.gov (United States)

    McKnight, John Carter

    2012-01-01

    Early utopian notions of Internet-based community as enabling transcendence of earthly governments and cultural divides manifested in the massively multiplayer online nongame platform, Second Life. However, while platform users nearly unanimously chose governance regimes based on professional management rather than democratic self-governance, one…

  9. “E-government Portal” and E-Services in Turkey

    Directory of Open Access Journals (Sweden)

    Yucel Ogurlu

    2015-01-01

    Full Text Available Likewise in other developed countries, E-government in public administration in Turkey has been introduced with an aim to improve state’s administrative efficiency and competency. These modern administrative approaches and opportunities from technological innovation will inevitably provide high quality services and participation at all levels of the public administration. For this purpose, Turkey established e-Government portal, (e-Devlet Kapısı a virtual structure which enables access to digital public services. The aim of the e-Government portal is to provide its users service through only one website and safe digital media. Since accessing the services through only one website makes access easier, high speed and system security are required too. The security system requires identity verification, password and e-Signature. Turkey has successfully implemented the e-government project and with sub-projects such as the National Judiciary Information System Turkey received many international awards. Other than public services similar to e-hospital, e-municipality and e-tender, other social service institutions can also use same administrative approach as to make their service available. Therefore, this article shortly analyzes technical and legal challenges and technical, administrative and legal solutions of the e-Government portal.

  10. Towards a new transformation and new governance

    International Nuclear Information System (INIS)

    Loorbach, Derk A.

    2015-01-01

    While a consensus seems to exist on the need to move towards a sustainable development pathway, we seem to be unable to develop the appropriate policy and governance responses. From a transition perspective, this inability to create fundamental change is related to existing path dependencies and associated interests that help to sustain existing societal regimes. This paper offers a new governance perspective that might help to develop new governance approaches that focus on institutionalizing emergent social innovation along with managing the breakdown of unsustainable systems and structures.

  11. 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)

  12. Global Governance Mechanisms to Address Antimicrobial Resistance.

    Science.gov (United States)

    Padiyara, Ponnu; Inoue, Hajime; Sprenger, Marc

    2018-01-01

    Since their discovery, antibiotics, and more broadly, antimicrobials, have been a cornerstone of modern medicine. But the overuse and misuse of these drugs have led to rising rates of antimicrobial resistance, which occurs when bacteria adapt in ways that render antibiotics ineffective. A world without effective antibiotics can have drastic impacts on population health, global development, and the global economy. As a global common good, antibiotic effectiveness is vulnerable to the tragedy of the commons, where a shared limited resource is overused by a community when each individual exploits the finite resource for their own benefit. A borderless threat like antimicrobial resistance requires global governance mechanisms to mitigate its emergence and spread, and it is the responsibility of all countries and relevant multilateral organizations. These mechanisms can be in the form of legally binding global governance mechanisms such as treaties and regulatory standards or nonbinding mechanisms such as political declarations, resolutions, or guidelines. In this article, we argue that while both are effective methods, the strong, swift, and coordinated action needed to address rising rates of antimicrobial resistance will be better served through legally binding governance mechanisms.

  13. Influence of zemstvo self-government on process of national constitutionalism development in late XIX – early XX centuries

    Directory of Open Access Journals (Sweden)

    Анатолій Іванович Козаченко

    2016-04-01

    Full Text Available Problem Setting. The article describes the activities of the zemstvo self-government which had a significant impact on the process of national constitutionalism development in the late XIX – early XX centuries. The actuality of the topic. Zemstvo self-government got significant practical experience of legal oppositional activity, which is an important element of constitutionalism. Within the territory of ethnicUkraine, zemstvo constitutionalism combined two components: All-Russian and national. The purpose of the article. All-Russian zemstvo constitutionalism had features of legal, semi-legal and illegal activities, which were represented by liberal and radical wing of zemstvo liberal-democratic movement respectively. In the All-Russian context, zemstvo radicals advocated the idea of establishing constitutional order in the Russian Empire, which involved constitutional recognition of democratic rights and freedoms, equality, parliamentary system and establishment of a constitutional monarchy, decentralization of power, political pluralism. The national component of zemstvo constitutionalism, which was formed at the beginning of the bourgeois-democratic revolution of 1905–1907, had illegal character and its essence can be described by the fact that some zemstvo liberals insisted on the need to restore the Ukrainian state in the form of autonomy within democratic Russia. Representatives of both components of zemstvo constitutionalism aimed to implement their constitutional ideas through reforms. Zemstvo constitutionalism reached its highest peak at the beginning of the bourgeois-democratic revolution of 1905–1907. In early XX century zemstvo liberals took active part in activities of bourgeois-democratic political parties. Development of Russian and Ukrainian political parties led to a split in the radical wing of zemstvo liberal-democratic movement on the national basis. Some zemstvo leaders joined the All-Russian Party of Octobrists and

  14. Constitutional Court's Review and the Future of Water Law in Indonesia

    Directory of Open Access Journals (Sweden)

    Mohamad Mova Al'Afghani

    2006-06-01

    Full Text Available Enactment of the Water Law in Indonesia has arises public debate. The Judicial Review of the Law by the Constitutional added to this controversy as it puts the legality of the water regime in Indonesia in a "twilight zone". This article explained the historical background of the water regime in Indonesia and its development, analyze the position of water rights and human rights to water under Indonesian Constitution, elaborates the key provisions of Indonesian water law, elaborate water law's judicial review by the Constitutional Court, analyzes the legal consequences of the review and recommend the government on the parts of the law that needs to be amended or modified. The author also discusses several important issues that needs to be weighed by governments when creating the water law's implementing regulation, including regulating several standard contract provisions between government and water investors.

  15. Legalizing altruistic surrogacy in response to evasive travel? An Icelandic proposal

    OpenAIRE

    Kristinsson, Sigurður

    2017-01-01

    Surrogate motherhood has been prohibited by Icelandic law since 1996, but in recent years, Icelandic couples have sought transnational surrogacy in India and the United States despite uncertainties about legal parental status as they return to Iceland with infants born to surrogate mothers. This reflects global trends of increased reproductive tourism, which forces restrictive regimes not only to make decisions concerning the citizenship and parentage of children born to surrogate mothers abr...

  16. Conceptualising Multilevel Regulation in the EU: A Legal Translation of Multilevel Governance?

    NARCIS (Netherlands)

    Chowdhury, Nupur; Wessel, Ramses A.

    2012-01-01

    How should we conceive of regulation in the European context? This paper attempts to answer this by developing multilevel regulation as a theoretical concept. The basic aim of the paper is to explore the difference and convergence between regulation and governance and develop multilevel governance

  17. Defocusing regimes of nonlinear waves in media with negative dispersion

    DEFF Research Database (Denmark)

    Bergé, L.; Kuznetsov, E.A.; Juul Rasmussen, J.

    1996-01-01

    Defocusing regimes of quasimonochromatic waves governed by a nonlinear Schrodinger equation with mixed-sign dispersion are investigated. For a power-law nonlinearity, we show that localized solutions to this equation defined at the so-called critical dimension cannot collapse in finite time...

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

    International Nuclear Information System (INIS)

    Amil Mardha

    2009-01-01

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

  19. Interaction Between National Governments and ICANN While Administering the Internet

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2014-03-01

    Full Text Available Purpose – to review and analyze problematic issues related with the ICANN’s (Internet Corporation for Assigned Names and Numbers role in the Internet administration and the interaction between national governing institutions.Design/methodology/approach – based on the comparison and systematic analysis of scientific literature, the authors discuss problematic issues related with the Internet governance model, where the ICANN takes the biggest part in the Internet administration. Its current legal status is causing controversies among different stakeholders, so the analytical approach towards the issue may help to facilitate the reach of the compromise in this area.Findings – the authors accentuate problematic phenomena, which are related with the Internet government structure. The current international legal state of the ICANN is highlighted in the article as well as the factors which influence the ICANNs struggle for independence.Research limitations/implications – the international legal status of the ICANN is a hard topic, where many interests from different parties collide. Because of that, it is impossible to convey the objective and impartial analysis of the problem. Different attitudes, political interest and even political views may influence the understanding of the issue. That is why the authors present their subjective opinion and suggest one of the possible Internet governance narratives as a basis for further discussion.Practical implications – the authors accentuate main sources of international friction between other state governing institutions and the ICANN. If the Internet administration structure will is left at the same status, there may be more upcoming hazards. The insights and recommendations in this article may be used as a basis for further problem analysis.Value – the article emphasizes current Internet governance problems and the role of the ICANN, while trying to moderate the interests of different

  20. Wombs for rent: an examination of prohibitory and regulatory approaches to governing preconception arrangements.

    Science.gov (United States)

    Chen, Melody

    2003-02-01

    On October 9, 2002, Bill C-13 had its first reading in the Canadian House of Commons. Bill C-13 was in the same form as Bill C-56 of the First Session of the Thirty-seventh Parliament, which had its first reading on May 9, 2002. Bill C-13, an Act respecting assisted human reproduction, prohibits the practice of commercial surrogacy or preconception agreements in Canada, under threat of criminal sanction. In the first half of the article, the author discusses the deficiencies of the Bill's prohibitory approach to governing surrogacy agreements. These problems include the difficulty of implementing a criminal regime, the weak constitutional basis on which the federal government claims jurisdiction to enact a criminal prohibition of commercial surrogacy and the legislation's inability to prevent exploitation and coercion of vulnerable parties in surrogacy arrangements. In the second half of the article, the author examines an alternative regulatory scheme proposed by the Ontario Law Reform Commission and compares it to the prohibitory approach. The author concludes that the regulatory approach is much more effective than the prohibitory approach in governing the practice of commercial and non-commercial surrogacy arrangements. Regulation minimises the potentially exploitative aspects of surrogacy and provides legal protection to both parties in the agreement. The regulatory scheme proposed by the Ontario Law Reform Commission is also more effective in protecting the best interests of the child born as a result of a preconception agreement.

  1. the dutch crisis and recovery act: economic recovery and legal crisis

    African Journals Online (AJOL)

    Jonathan

    THE DUTCH CRISIS AND RECOVERY ACT: ECONOMIC RECOVERY AND. LEGAL CRISIS? J Verschuuren. 1 Introduction. Throughout the world, governments are responding to the financial and economic crisis. Such responses vary from supporting the banking system to adopting economic stimulus packages. The latter ...

  2. Competing fiscal regimes and incentives in the developing world

    International Nuclear Information System (INIS)

    Meurs, P. van

    1991-01-01

    The new order in the former Communist countries, the growth of deregulation and trade liberalization, and the opening up of formerly closed countries to outside investment have worked to increase the available exploratory acreage for the oil and gas industry. It is estimated that the total amount of this acreage available in the 1990s is about twice what it was in the 1970s. This is accompanied by an apparent trend toward lower government takes and better terms as governments are forced to compete with one another to attract investment. A particular trend is noted among governments to improve terms and conditions for what are internationally called small fields (those in the 10-30 million bbl class) and in deep water or other marginal conditions. Factors to be taken into account in evaluating the potential profitability of an investment in a developing country are discussed. Various types of fiscal systems are considered, including regressive regimes involving royalties and rentals, progressive features such as sliding royalties and taxes which increase as the field becomes more profitable, hybrid systems, and specialty incentives. Examples are presented to illustrate analyses of different fiscal regimes and the economic risk involved in an oil production investment. 6 tabs

  3. E-government as anti-bureaucracy state technology: theoretical and legal characteristic

    Directory of Open Access Journals (Sweden)

    В. В. Сухонос

    2015-11-01

    Full Text Available Problem setting. In today's Ukraine reform encountered not only external but also to internal obstacles. The latter were associated not only with the lack of political will, but also with insufficient theoretical knowledge of individuals who organizes changes. Moreover, getting public office, reformers become a part of the bureaucratic state machinery and experiencing significant resistance change. This primarily occurs because of changes that the organizers do not understand the essence of bureaucracy, and therefore can not overcome its negative features. Recent research and publications analysis. In independent Ukraine the majority of works are devoted to problems of organization of public administration, mainly concentrated around corruption. However, the issue of red tape mostly ignored by the overwhelming majority state researchers. As an exception we can mention common work of V. Tsvetkova and V. Gorbatenko «Democracy – Management – Bureaucracy», in which, inter alia, considered «loss, achievements and prospects of the modernization of Ukrainian society» through the prism of theories of bureaucracy. The reform of the state mechanism have also been the subject of research, both domestic and foreign researchers. Here, in particular, we can recall the work P. Rudyk, A. Yuschyk and joint research experts and World Bank N. Manning and N. Parison and Ukrainian scientists P. Klimushkin and A. Serenok who paid a lot of attention to e-governance as a cornerstone of any factor as modern reforms. Without belittling the achievements of the above scientists should keep in mind that none of them considered reforming the state mechanism in the context of changes in the bureaucracy any other state technology, in particular e-government. Their attention is focused only on the fundamental problems of bureaucracy and e-government. Paper objective. That is why the purpose of this article is the study of e-government as anti-bureaucratic state

  4. Legitimacy and compliance in transnational governance

    OpenAIRE

    Mayntz, Renate

    2010-01-01

    Power, rule, and legitimacy have always been core concerns of political science. In the 1970s, when governability appeared to be problematic, legitimacy was discussed both in the context of policy research and by critics of the capitalist state. More recently interest turned to governance beyond the nation-state. The legitimacy of transnational (i.e., European and international) organizations, of international regimes and of the – hard or soft – law they formulate is held to be deficient beca...

  5. A Comparative Study of the Principles Governing Criminal Responsibility in the Major Legal Systems of the World (England, United States, Germany, France, Denmark, Russia, China, and Islamic legal tradition)

    DEFF Research Database (Denmark)

    Elewa Badar, Mohamed; Marchuk, Iryna

    2013-01-01

    to demarcate between intentional and negligent conduct. Turning to comparative law as an invaluable tool of legal analysis, the study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability......The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as in the Islamic legal tradition through the lens of comparative law. By conducting a comprehensive legal analysis of the concept of crime...

  6. Maritime Governance and Policy-Making

    CERN Document Server

    Roe, Michael

    2013-01-01

    A close analysis of the framework of existing governance and the existing jurisdictional arrangements for shipping and ports reveals that while policy-making is characterized by national considerations through flags, institutional representation at all jurisdictions and the inviolability of the state, the commercial, financial, legal and operational environment of the sector is almost wholly global. This governance mismatch means that in practice the maritime industry can avoid policies which it dislikes by trading nations off against one another, while enjoying the freedoms and benefits of a globalized economy. A Post-modern interpretation of this globalized society prompts suggestions for change in maritime policy-making so that the governance of the sector better matches more closely the environment in which shipping and ports operate. Maritime Governance and Policy-Making is a controversial commentary on the record of policy-making in the maritime sector and assesses whether the reason for continued polic...

  7. Corporate governance in Czech hospitals after the transformation.

    Science.gov (United States)

    Pirozek, Petr; Komarkova, Lenka; Leseticky, Ondrej; Hajdikova, Tatana

    2015-08-01

    This contribution is a response to the current issue of corporate governance in hospitals in the Czech Republic, which draw a significant portion of funds from public health insurance. This not only has a significant impact on the economic efficiency of hospitals, but ultimately affects the whole system of healthcare provision in the Czech Republic. Therefore, the effectiveness of the corporate governance of hospitals might affect the fiscal stability of the health system and, indirectly, health policy for the whole country. The main objective of this paper is to evaluate the success of the transformation in connection with the performance of corporate governance in hospitals in the Czech Republic. Specifically, there was an examination of the management differences in various types of hospitals, which differed in their ownership structure and legal form. A sample of 100 hospitals was investigated in 2009, i.e., immediately after the transformation had been completed, and then three years later in 2012. With regard to the different public support of individual hospitals, the operating subsidies were removed from the economic results of the corporations in the sample. The adjusted economic results were first of all examined in relationship to the type of hospital (according to owner and legal form), and then in relation to its size, the size of the supervisory board and the education level of the senior hospital manager. A multiple median regression was used for the evaluation. One of the basic findings was the fact that the hospital's legal form had no influence on economic results. Successful management in the form of adjusted economic results is only associated with the private type of facility ownership. From the perspective of our concept of corporate governance other factors were under observation: the size of the hospital, the size of the supervisory board and the medical qualifications of the senior manager had no statistically verifiable influence on the

  8. Reassessing the nuclear liability regime

    International Nuclear Information System (INIS)

    Havinh Phuong

    1985-01-01

    The nuclear liability regime was thoroughly reviewed by nuclear plant operators, officials of regulatory authorities, and legal and insurance experts at the Symposium on Nuclear Third Party Liability and Insurance, held in September 1984 in Munich, Federal Republic of Germany. The symposium highlighted specific areas where adjustments or improvements would be needed in order to cope with practical problems encountered or emerging issues. By focusing on questions of legitimate concern to the public, it also sought to promote confidence in a compensation system for public protection that is in many ways unique. Topics addressed included the following: greater harmonization of the compensation amounts for nuclear damage established in different countries and in territorial scope; the concept of unlimited liability; the time limitation for compensation claims; the problem of proving causation; the concept of nuclear damage; and insurance coverage

  9. AUDIT REPORTING AND CORPORATE GOVERNANCE: LINKS AND IMPLICATIONS

    OpenAIRE

    George Silviu CORDOȘ; Melinda Times FÜLÖP

    2014-01-01

    Financial scandals of the last decade have had a negative effect upon the trust and perception of investors regarding auditor responsibility and their part in fraud and error detection. As a result of legal conditions and regulations, audit firms in some jurisdictions have recently started to compile transparency reports, which contain information regarding corporate governance compliance of audit firms. This study aims to investigate if corporate governance has a significant effect on audit ...

  10. Building on comparative experience : the Venezuelan extra-heavy crude oil projects

    International Nuclear Information System (INIS)

    Valentine, T.E.

    2004-01-01

    This paper reviewed legal considerations regarding heavy and extra heavy oil production in both Canada and Venezuela. The paper focused on Venezuela's extra heavy oil projects in the Orinoco Oil Belt, one of the world's largest accumulation of bitumen with an estimated reserve of 1.2 trillion barrels. The paper described the following four projects: the Petrozuata, Cerro Negro, SINCOR, and Hamaca heavy oil projects which are all congressionally approved joint ventures for extra-heavy crudes in the Orinoco Belt. It also described the legal regime which governs heavy oil projects in Venezuela, including the Organic Gaseous Hydrocarbon Law and the Organic Hydrocarbon Law. Twenty congressional conditions which have been imposed were also outlined along with the legal considerations and lessons learned regarding new extra-heavy crude projects under the two legal regimes. 1 fig

  11. 75 FR 33734 - Regulations Affecting Publication of the United States Government Manual

    Science.gov (United States)

    2010-06-15

    ...) The Director publishes a special edition of the Federal Register called ``The United States Government... its regulations the requirement that the United States Government Manual (Manual) be published and... INFORMATION CONTACT: Amy P. Bunk, Director of Legal Affairs and Policy, Office of the Federal Register, at...

  12. Making Promises Good: The Anti-Money Laundering Regime as a Multi-Purpose Tool for Governance

    Directory of Open Access Journals (Sweden)

    Stavros Katsios

    2016-01-01

    Full Text Available The creation of this international anti-money laundering regulatory regime is, contrary to itsneglect by the literature, important in two ways. First, it provides us with a second example -alongside the Basle Accord – with which we can examine how political barriers to regulatorycooperation and coordination might be overcome; without overstating the success of the antimoneylaundering regime the paper argues that a lot of the political circumstances that enabledcooperation and coordination to develop in this case can be applied in facing other economiccrime forms. The FATF case may help us to identify important political conditions that can fostercollective regulatory initiatives in the international financial area and especially in South EasternEurope. Additionally the anti-money laundering regime may be useful more directly in pursuingsome other regulatory and security goals of particular interest for the Balkan region. Specifically,the kinds of international cooperation and coordination that have been introduced to combatmoney laundering may help to strengthen international regulatory initiatives aimed at curbingcorruption, tax evasion and capital flight and fighting the threat deriving from internationalorganised crime and global terrorism.

  13. AÇÕES DE SAÚDE CONTRA O PODER PÚBLICO: ENSAIO DE UM ROTEIRO DECISÓRIO / LEGAL HEALTH ISSUES FILED AGAINST THE GOVERNMENT: ESSAY OF A DECISION GUIDE

    Directory of Open Access Journals (Sweden)

    Francisco Glauber Pessoa Alves

    2017-02-01

    Full Text Available This article seeks to establish minimum standards of coping with legal health issues filed against the government in Brazilian law. For this purpose, we used improved information sources, based on the so called Medical Evidence, in order to provide more technical and specific decisions. There are gaps in the jurisprudential and doctrinal sources on the subject. Sensitive and traumatic issues are considered, in the aspect of the so-called “tragic choices”. We bring a point of view that uses researches and medical information, beyond the legal issue. The bases used were the high jurisprudence and the National Council of Justice. It is also argued that the judge consider the macro aspect, especially the legitimate choices of public policy legitimately made by the administrator. There was use of the analytical-discursive method. At the end, it presents a decision-making guide able to provide solutions to daily cases in forensic routine.

  14. Transforming Water Supply Regimes in India: Do Public-Private Partnerships Have a Role to Play?

    Directory of Open Access Journals (Sweden)

    Govind Gopakumar

    2010-10-01

    Full Text Available Public-private partnerships (PPP are an important governance strategy that has recently emerged as a solution to enhance the access of marginalised residents to urban infrastructures. With the inception of neo-liberal economic reforms in India, in Indian cities too PPP has emerged as an innovative approach to expand coverage of water supply and sanitation infrastructures. However, there has been little study of the dynamics of partnership efforts in different urban contexts: What role do they play in transforming existing infrastructure regimes? Do reform strategies such as partnerships result in increased privatisation or do they make the governance of infrastructures more participative? Reviewing some of the recent literature on urban political analysis, this article develops the concept of water supply regime to describe the context of water provision in three metropolitan cities in India. To further our understanding of the role of PPP within regimes, this article sketches five cases of water supply and sanitation partnerships located within these three metropolitan cities. From these empirical studies, the article arrives at the conclusion that while PPP are always products of the regime-context they are inserted within, quite often strategic actors in the partnership use the PPP to further their interests by initiating a shift in the regime pathway. This leads us to conclude that PPPs do play a role in making water supply regimes more participative but that depends on the nature of the regime as well as the actions of partners.

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

    Directory of Open Access Journals (Sweden)

    Evgeniy Moiseevich Bukhvald

    2016-12-01

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

  16. Page | 69 ENSURING GOOD GOVERNANCE THROUGH ...

    African Journals Online (AJOL)

    Fr. Ikenga

    WAHAB, Ph.D, Sociology Department, International Islamic University, Malaysia, Email: ... Such regimes do not promote and practice good governance. ... The control that parliament exerts over the executive stems from one fundamental principle. ... taxation is necessary for the public service as declared by the crown.

  17. Assessment of hydrological regimes for vegetation on riparian wetlands in Han River Basin, Korea

    Directory of Open Access Journals (Sweden)

    Jaewon Kwak

    2017-01-01

    Full Text Available Hydrological regimes are regarded as one of the major determinants for wetland ecosystems, for they influence species composition, succession, productivity, and stability of vegetation communities. Since Korea launched the Four Major River Restoration Project in 2007, the water regimes of many of the riparian wetlands have changed, that is potentially affecting vegetation properties. For ecological conservation and management, it is important to connect hydrological characteristics and vegetation properties. The objective of this study is to investigate the influence of hydrological regimes on vegetation community, and develop a methodology that can connect them. Inundated exceedance probability (IEP and its district concept are suggested to gain insights into hydrological regimes on the Binae wetland that is rehabilitated by the Restoration Project in 2012 and belong to the riparian zone. Results of this study indicate that the areas with P = 0.08 or lower IEPs should have the disturbance for vegetation communities, or could be changed to a hydrophilic vegetation in the study area, and it should be considered in the restoration and rehabilitation project to conserve legally protected or endangered vegetation.

  18. The Order of Protection in the Romanian Legal System

    Directory of Open Access Journals (Sweden)

    Natalia Saharov

    2015-05-01

    Full Text Available The phenomenon of domestic violence, quite common in the countries of Eastern Europe, including Romania, can be perceived as a consequence of shortcomings in the education of person, or a faulty education. The aims of current study is to present and analyze the legal instruments designed in the area of civil law due to combat and prevent domestic violence, with a special regard to the protective order governed by the law No. 217/ 2003, as amended and republished. Legal provisions are analyzed with regarded to the person who may apply for order of protection, the conditions for the admissibility of the petition for the issuance of the protective order, the measures which may be imposed by an protection order, the duration of these measures, the conditions for revocation of the protective order etc. The study reveals the practical application of analyzed legal provisions, by referring to the decisions given by Romania courts in cases involving the “protective order”. Finally are exposed the advantages and shortcomings of normative framework already existing, as well as the effectiveness of the legal provisions in practice.

  19. THE CONCEPT AND SCOPE OF MUNICIPAL GOVERNANCE ENTITIES’ COMPETENCE IN RUSSIAN FEDERATION AND CANADA

    Directory of Open Access Journals (Sweden)

    Alexander Larichev

    2017-01-01

    Full Text Available УДК 342.25The purpose of this article is to study the concept and the content of "competence" cate-gory in relation to the entities of municipal governance in Russia and Canada. The methods of theoretical analysis, along with legal methods, including formal-legal and comparative law methods are used to achieve this goal.In the article, the author notes the lack of consensus in legal science in determining the con-tent of "competence" category and its subjective identity. Some authors consider the compe-tence as a set of rights and obligations of public authorities (Yu.A. Tikhomirov, S.A. Avakyan, while others recognize the correct use of the word "competence" in relation to the public territorial collectives and institutions of public power in general (T.M. Byalkina et al..The Russian legal model for determining the competence of municipal governance entities also implies the distinction between the concepts of "local issues" and "powers." Unfortu-nately, the domestic legislator does not provide for the clear distinction of these concepts, and there is also a lack of content specification of the issues to be addressed at the local level. Recent changes in law also call into question the relation between the municipalities’ competency model and the constitutional autonomy of local government.At the base of the approach to the definition of the competence of municipal government entities in Canada, as well as within the Anglo-Saxon model in general, lies the need for decentralization of functions, which cannot be effectively carried out by the central author-ities or the private sector (A. Sancton. The competence carrier here is a municipality as a form of public corporation. This does not lead to contradiction between this carrier and other municipal governance entities (specifically, local authorities, as the latter carry out activities for the competence implementation on behalf of the corporation.The approach to the municipality as a

  20. Theoretical Review on Indonesian Academic Legal Education in Conjunction with ASEAN Economic Community Era

    Directory of Open Access Journals (Sweden)

    Ariawan Gunandi

    2014-12-01

    Full Text Available Indonesia will be welcoming the ASEAN Economic Community in 2015 as a multilateral agreement to create integrated regions such as: (a a single market and production base, (b a highly competitive economic region, (c a region of equitable economic development, and (d a region fully integrated into the global economy. These characteristics are interrelated and mutually reinforcing in a sense that overall development would not be complete without total completion of the previous sector. This article discusses the participation of Indonesia as part of ASEAN as a single market and production base, through free flow of services which targets higher education in law. The author researched that Indonesian higher education system still faces issues, especially in legal education. Compared to other states that manages higher education in a relatively guided term, Indonesian legal education is still regulated generally by the government, operated by state and private educational entity, and further trained by profession organization. Indonesian legal education standard has not been supported by proper accreditation bureaucracy from BAN-PT or fair treatment from the government between state and private university. As a result, the quality of Indonesian law graduate still varies. Indonesian legal education is special in nature since it is considered profession and regulated by code of ethic. According to the author, legal education should be integrated with profession organization so that upon graduation, law graduates can directly conduct internship according to their desired profession and compete against ASEAN law graduates.

  1. Creating a linchpin for financial data: toward a universal legal entity identifier

    OpenAIRE

    John A. Bottega; Linda F. Powell

    2011-01-01

    The financial industry, like many others, is powered by information and data. A number of government agencies, quasi-government agencies, and private companies collect, process, use, and distribute information about a variety of players in the financial world. While the subjects of the data (balance sheet items or counterparty information, for example) may vary dramatically by agency and use, they all describe a particular financial institution or legal entity. Yet a standard way to uniquely ...

  2. Long-term oil strategy - creating an appropriate fiscal regime in OPEC countries to keep the upstream sector competitive

    International Nuclear Information System (INIS)

    Olorunfemi, M.A.

    1992-01-01

    The focus of this paper is to examine the factors that governed the upstream activities in OPEC countries during three distinct periods, namely: 1950 to 1973, 1974 to 1985 and 1986 to the present. Particular emphasis will be placed on the fiscal and legal instruments adopted by a number of OPEC countries in attracting oil companies to their respective countries, so as to maintain the momentum of oil exploration and production which is commensurate with their huge hydrocarbon reserves and also be in consonance with their pace of economic development while continuing to exercise their sovereign rights. The first part of the paper reviews the concepts governing the strategic behaviour of oil companies and oil-producing countries. Part two is devoted to the evolution of fiscal regimes in OPEC countries showing how the behaviour of OPEC Member Countries and oil companies illustrates the concepts in part one. How the dynamics of the oil market influence the upstream planning in OPEC Member Countries is examined in part three of the paper. Part four looks at the new cooperation and strategic alliances that are evolving between some OPEC countries and a number of oil companies to ensure that OPEC retains a leadership position which is commensurate with its Members' hydrocarbon resources. Conclusions are drawn in part five. (author)

  3. Considering marijuana legalization carefully: insights for other jurisdictions from analysis for Vermont.

    Science.gov (United States)

    Caulkins, Jonathan P; Kilmer, Beau

    2016-12-01

    In 2014 the legislature of Vermont, USA passed a law requiring the Secretary of Administration to report on the consequences of legalizing marijuana. The RAND Corporation was commissioned to write that report. This paper summarizes insights from that analysis that are germane to other jurisdictions. Translation of key findings from the RAND Corporation report to the broader policy debate. Marijuana legalization encompasses a wide range of possible regimes, distinguished along at least four dimensions: which organizations are allowed to produce and supply the drug, the regulations under which they operate, the nature of the products that can be distributed and taxes and prices. Vermont's decriminalization had already cut its costs of enforcing marijuana prohibition against adults to about $1 per resident per year. That is probably less than the cost of regulating a legal market. Revenues from taxing residents' purchases after legalization could be many times that amount, so the main fiscal cost of prohibition after decriminalization relative to outright legalization may be foregone tax revenues, not enforcement costs. Approximately 40 times as many users live within 200 miles of Vermont's borders as live within the state; drug tourism and associated tax revenues will be important considerations, as will be the response of other states. Indeed, if another state legalized with lower taxes, that could undermine the ability to collect taxes on even Vermont residents' purchases. Analysis of possible outcomes if Vermont, USA, legalized marijuana reveal that choices about how, and not just whether, to legalize a drug can have profound consequences for the effects on health and social wellbeing, and the choices of one jurisdiction can affect the options and incentives available to other jurisdictions. © 2016 Society for the Study of Addiction.

  4. Project governance: "Schools of thought"

    Directory of Open Access Journals (Sweden)

    Michiel Christiaan Bekker

    2014-02-01

    Full Text Available The terminology, definition and context of project governance have become a focal subject for research and discussions in project management literature. This article reviews literature on the subject of project governance and categorise the arguments into three schools of thought namely the single-firm school, multi-firm school and large capital school. The single-firm school is concerned with governance principles related to internal organisational projects and practice these principles at a technical level. The multi-firm school address the governance principles concerned with two of more organisations participating on a contractual basis on the same project and focus their governance efforts at the technical and strategic level. The large capital school consider projects as temporary organisations, forming their own entity and establishing governance principles at an institutional level. From these schools of thought it can be concluded that the definition of project governance is dependent on the type of project and hierarchical positioning in the organisation. It is also evident that further research is required to incorporate other governance variables and mechanisms such as transaction theory, social networks and agency theory. The development of project governance frameworks should also consider the complexity of projects spanning across international companies, across country borders and incorporating different value systems, legal systems, corporate governance guidelines, religions and business practices.

  5. When the War Doesn’t End: Detainees in Legal Limbo

    Science.gov (United States)

    2014-05-01

    it most. While the images of Abu Ghraib may have been forgotten by many, the limitless detention laws provide a legal basis that allows many to...11 Detainee Policy: Popular President Meets Unified Government. Universitat der Bundeswehr 2013, 92. 35 Strasser, Steven 2004. The Abu Ghraib

  6. 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.

  7. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

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

  8. International regime formation: Ozone depletion and global climate change

    International Nuclear Information System (INIS)

    Busmann, N.E.

    1994-03-01

    Two theoretical perspectives, neorealism and neoliberal institutionalism, dominate in international relations. An assessment is made of whether these perspectives provide compelling explanations of why a regime with specific targets and timetables was formed for ozone depletion, while a regime with such specificity was not formed for global climate change. In so doing, the assumptions underlying neorealism and neoliberal institutionalism are examined. A preliminary assessment is offered of the policymaking and institutional bargaining process. Patterns of interstate behavior are evolving toward broader forms of cooperation, at least with regard to global environmental issues, although this process is both slow and cautious. State coalitions on specific issues are not yet powerful enough to create a strong community of states in which states are willing to devolve power to international institutions. It is shown that regime analysis is a useful analytic framework, but it should not be mistaken for theory. Regime analysis provides an organizational framework offering a set of questions regarding the principles and norms that govern cooperation and conflict in an issue area, and whether forces independent of states exist which affect the scope of state behavior. An examination of both neorealism and neoliberal institutionalism, embodied by four approaches to regime formation, demonstrates that neither has sufficient scope to account for contextual dynamics in either the ozone depletion or global climate change regime formation processes. 261 refs

  9. The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada Comment on "Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts".

    Science.gov (United States)

    Lake, Stephanie; Kerr, Thomas

    2016-09-10

    A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited public concerns of marijuana legalization - adolescent usage and impaired driving - and discuss how the underdeveloped and equivocal body of scientific literature surrounding these issues limits the ability to predict the effects of legalization. Finally, we discuss the potential for some potential public health benefits of marijuana legalization - specifically the potential for marijuana to be used as a substitute to opioids and other risky substance use - that have to date not received adequate attention. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  10. Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

    Directory of Open Access Journals (Sweden)

    Teresa Thorp

    2012-11-01

    Full Text Available Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a state or competent authority is governed.Concerning international climate law, however, there is a certain shortcoming. The failure to comprehend a unified constitutional framework of lex specialis principles could debilitate intra and inter-regime governance and lead to uncertainties. At one time, uncertainties incite the law-making process. At another time, they constrain it. Such a shortcoming may lead to inconsistencies in interpreting consequential climate norms. It may thwart dispute resolution and it may impede climate negotiations. To traverse this abyss, the inquiry uses instruments of legal philosophy (the philosophy of language, legal systematics (the study of legal systems, and legal hermeneutics (the legal practice of interpretation to delineate, distinguish and unify lex specialis principles that could form the foundations of a universal constitutional framework of international climate law. In doing so, it shows that climate justice is a function of the quality of the legal system.

  11. Possible elements of a 2015 legal agreement on climate change

    International Nuclear Information System (INIS)

    Haites, Erik; Yamin, Farhana; Hoehne, Niklas

    2013-10-01

    Countries have committed to negotiating a new legally binding agreement by 2015, applicable to all countries for the period after 2020. This commitment has given new impetus and direction to the UN climate talks. The talks certainly need to progress on individual elements in the run up to 2015. However, Copenhagen showed that unless there is clarity and convergence on the overall objectives of the negotiation (the meta-negotiation), the technical level negotiations will get stuck. This is why there is a need to step back and envisage all potential elements of a new climate agreement, and their interaction. This is the objective of this paper, which IDDRI invited from three renowned international experts. Governments have committed to limiting warming to 2 degrees C above pre-industrial levels. The recently released IPCC report shows that this essentially requires capping total cumulative emissions: in the future emissions will need to decline to close to zero. The paper proposes that governments commit to phasing down net anthropogenic GHG emissions to zero by 2050. This multilaterally negotiated objective would be complemented by nationally determined mitigation objectives, which would be subject to international ex ante review and ex post verification. The paper proposes a clear process for regularly updating and strengthening national commitments. The climate regime needs to move out of continuous negotiation and into a framework of continuous implementation. The paper proposes no explicit differentiation of countries. Rather countries would propose nationally determined commitments, guided by the multilaterally agreed phase out goal and the international review. This would maximize participation. The Agreement should also include provisions for recognizing the actions of parties unable to ratify and for deterring egregious cases of free-riding. (authors)

  12. An emissions trading regime for Canada

    International Nuclear Information System (INIS)

    Smith, S.L.

    2001-01-01

    In 1998, over twelve papers were published on emissions trading regimes in Canada by the National Round Table on the Environment and the Economy (NRTEE), a federal government agency whose members represent stakeholders as varied as business, environmental groups, academics, aboriginal groups and others. One of the recommendations that emerged was for the computer modelling of the possibilities that had been identified for a domestic trading regime in Canada for greenhouse gases. It is unclear whether the modelling was ever performed as the file was taken over by the Finance Department under the umbrella of a special emission trading table that examined Canada's commitment under the Kyoto Protocol. The author examined questions pertaining to whether a domestic trading regime is essential, and what its characteristics should be in case it was deemed essential or advisable to have one. The upstream versus downstream application was looked at, as well as grand-fathering versus auction. Provincial issues were then addressed, followed by meshing with a credit system. International systems were reviewed. Early action was discussed, whereby an emitter seeks credit for action taken toward reductions since the original reference year of 1990. The case of emitters having bought or sold permits since the original reference years will also want those trades recognized under a trading regime. The author indicated that it seems probable that an emission trading system will eventually be implemented and that a debate on the issue should be initiated early

  13. Effect of the International Agreement on Government Procurement and the Government Procurement Chapter of the North American Free Trade Agreement on public contracting opportunities

    OpenAIRE

    Heldreth, Steven E.

    1994-01-01

    Approved for public release, distribution unlimited This paper explores the specific legal content of the 1979 and 1993 Agreements on Government Procurement as well as the North American Free Trade Agreement's Chapter Ten (Government Procurement). One chapter addresses the use of free trade agreements, associated problems, and how the agreements have been applied to the public sector. The content of each of the primary documents is an...

  14. Colour revolutions: criminal-legal aspect

    Directory of Open Access Journals (Sweden)

    Sergey Alekseyevich Gordeychik

    2015-03-01

    Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

  15. Structuring to promote: Which Legal Framework for the Economic Development of Marine Energies?

    International Nuclear Information System (INIS)

    Gelas, Helene

    2015-01-01

    To this day, the development of renewable marine energies does not dispose of a satisfying legal framework. In the territorial sea, the construction and operation of renewable energy projects is subject to a series of permits stemming from different legislation (Occupation of the maritime public domain or the 'Water act Permit'). Because this framework is unable to foster the development of these energy sources, it should be simplified by either abandoning the requirement for a permit under the 'Water act' in favour of an extended licence of occupation granting the public authorities the same guarantees, or by the creation of an ad hoc permit regime to be included in the Energy Code. Also, the reinforcement of power purchase obligation mechanisms of the generated electricity to which these projects are eligible is required. Indeed, beyond the call for tenders and the existing feed-in tariffs, the development of marine renewable energy sources, in particular during the test stage (e.g. pilot offshore farms) has to be accompanied by a tailored tariff system. In the Exclusive Economic Zone, a decree was adopted in July 2013, which seeks to create a special permit granted by the decentralized administrative authority in charge of maritime issues (Prefet maritime). This new legal framework should foster the development of projects in the Zone. Due to the technical challenges, some other evolutions of the known regimes may be required because of the distance of the plants to the shore, for example regarding grid connection or the power purchase obligation regime. (author)

  16. Water Governance in Chile and Canada: a Comparison of Adaptive Characteristics

    Directory of Open Access Journals (Sweden)

    Margot A. Hurlbert

    2013-12-01

    Full Text Available We compare the structures and adaptive capacities of water governance regimes that respond to water scarcity or drought in the South Saskatchewan River Basin (SSRB of western Canada and the Elqui River Basin (EB in Chile. Both regions anticipate climate change that will result in more extreme weather events including increasing droughts. The SSRB and the EB represent two large, regional, dryland water basins with significant irrigated agricultural production but with significantly different governance structures. The Canadian governance situation is characterized as decentralized multilevel governance with assigned water licenses; the Chilean is characterized as centralized governance with privatized water rights. Both countries have action at all levels in relation to water scarcity or drought. This structural comparison is based on studies carried out in each region assessing the adaptive capacity of each region to climate variability in the respective communities and applicable governance institutions through semistructured qualitative interviews. Based on this comparison, conclusions are drawn on the adaptive capacity of the respective water governance regimes based on four dimensions of adaptive governance that include: responsiveness, learning, capacity, including information, leadership, and equity. The result of the assessment allows discussion of the significant differences in terms of ability of distinct governance structures to foster adaptive capacity in the rural sector, highlights the need for a better understanding of the relationship of adaptive governance and good governance, and the need for more conceptual work on the interconnections of the dimensions of adaptive governance.

  17. Application of IPSAS Standards to the Vietnamese Government Accounting and Financial Statements

    OpenAIRE

    LE , TRANG THI NHA

    2012-01-01

    The Vietnamese government has implemented a reform of public financial management in a realm of government accounting. The current government accounting regime has met requirements of budget management. However, it provides very little information of financial position and performance. Furthermore, in the context of the increasing international integration and requirements of public sector management reform, the Vietnamese government accounting needs to be improved with applying full accrual ...

  18. Human Rights Treaties Are an Important Part of the "International Health Instrumentariam" Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

    Science.gov (United States)

    Forman, Lisa

    2017-10-02

    In their commentary, Haik Nikogosian and Ilona Kickbusch argue for the necessity of new binding international legal instruments for health to address complex health determinants and offer a cogent analysis of the implications of such treaties for future global health governance. Yet in doing so they pay no attention to the existing instrumentarium of international legally binding treaties relevant to health, in the form of human rights treaties. International human rights law has entrenched individual entitlements and state obligations in relation to individual and public health through iterative human rights treaties since 1946. These treaties offer normative specificity, institutional monitoring and the possibility of enforcement and accountability. If we are to build a new 'international health instrumentariam' we should not ignore existing and important tools that can assist in this endeavor. © 2018 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  19. To The Question Of Concept And Signs Of The Local Government

    Directory of Open Access Journals (Sweden)

    Levan T. Chikhladze

    2015-03-01

    Full Text Available In the present article author examines concept and features of the local government, provided in three legal acts, which are significant for the development of local government in the Russian legal acts. The important factor, uniting these acts is that they all are contributed to the functioning of the local government on the principles of decentralization. A special role in the formation of a decentralized local government in Russia is played by the Russian Constitution, adopted by population vote on the December 12, 1993. Particular importance plays the provisions of Article 3 and 12 of the Constitution of the Russian Federation from 1993. Provisions of the Law "On the General Principles of Local Self-Government in the Russian Federation" dated October 6, 2003 No. 131-FZ in the definition of local self-government, based on the principles of constitutional democracy. Provisions, defining the local government in the European Charter of Local Self-Government of the October 15, 1985 focus on the implementation of the relevant local government public authorities. The Charter makes an emphasis on the organs (representative government, not on the institutions (mechanisms of direct democracy. In conclusion, author underlines, that it is crucial to recognize that the municipal activities is based on the combination of local and state interests, cooperation of local governments and public authorities. Municipal authorities, by definition, cannot act outside of the general public policy management. They are endowed with the certain state powers, have a complex powers of state-imperious nature. So, the Charter make an emphasis on this fact, that local governments regulate substantial share of public affairs.

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

  2. GDP PER CAPITA, PROTEST INTENSITY AND REGIME TYPE: A QUANTITATIVE ANALYSIS

    Directory of Open Access Journals (Sweden)

    A. V. Korotayev

    2016-01-01

    Full Text Available The study suggests that the relationship between per capita GDP and intensity of antigovernment demonstrations is not negative as tends to be believed; we are rather dealing with an inverted U-shaped relationship: the highest levels of antigovernment demonstration intensity are typical for countries with neither the lowest nor the highest values of GDP per capita, but rather with intermediate values of this indicator. Thus, for higher values of per capita GDP we observe a negative correlation between GDP per capita and the antigovernment demonstration intensity, and for lower values it is positive. This correlation is partly explained by the following points: (1 GDP growth in authoritarian regimes leads to increased pro-democracy movement, and hence to intensifi cation of the anti-government demonstrations. And since in our database (as well as in reality authoritarian states constitute a very high percentage of the number of states with the lowest values of per capita income, the effect of the growth of internal pressure on authoritarian regimes towards democracy with economic growth to some extent (but no not completely explains a strong correlation between GDP per capita and the intensity of antigovernment demonstrations for low and middle income countries. (2 In the range of per capita GDP up to $ 20000, the increase in per capita GDP is quite strongly correlated with a decrease in the proportion of authoritarian regimes and the increasing share of nonauthoritarian regimes (democratic and intermediate. The presence of non-authoritarian regimes in this range is signifi cantly positively correlated with the higher intensity of anti-government demonstrations. This is another mechanism that contributes to the presence of a strong positive correlation between GDP per capita and the intensity of anti-government demonstrations in the range of interest to us. At the same time we have done a further analysis that has

  3. The Legal Status of Low Speed, Electric, Automated Vehicles in Texas : Policy Brief

    Science.gov (United States)

    2018-01-01

    This report explores whether vehicles that are both Neighborhood Electric Vehicles (NEVs) and Automated Vehicles (AVs) may operate legally on public roads in Texas. First is an examination of Neighborhood Electric Vehicles and how they are governed i...

  4. ADMINISTRATIVE SUPERVISION OF LOCAL SELF-GOVERNMENT IN THE BALTIC STATES: A COMPARATIVE VIEW

    Directory of Open Access Journals (Sweden)

    VIOLETA KIURIENÉ

    2015-12-01

    Full Text Available The article analyses models of administrative supervision of local self-government in the Baltic States (Latvia, Lithuania, Estonia highlighting the advantages and disadvantages of these models. The research done in this article defines the theoretical concept of administrative supervision of local self-government; gives an overview of the legislative framework underpining the key administrative supervision bodies of local self-government in the Baltic States; discusses the issue of legal regulation and the present state of administrative supervision over local self-government units in the Baltic States; gives some theoretical and practical suggestions to develop this field in the Baltic States.The research methods employed in preparation of this article are theoretical methods of analysis of scientific literature and sources, legal acts and documents as well as comparative and logical analysis, induction and generalisation. Three Baltic States similar in their area, number of inhabitants, and governmental peculiarities have been chosen for the analysis.

  5. Revamp urged for Norway's offshore regime

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    This paper reports that the Norwegian government has come under renewed pressure from offshore operators to fine tune its licensing procedures and tax regime. The need for change was emphasized at the Advanced Petroleum Conference in Stavanger attended by senior personnel from companies active in the Norwegian and British sectors of the North Sea. Companies have had some success in the tax front, winning changes in proposals from Norway's Ministry of Finance for offshore tax reform. The changes were required to offset a general reduction in the corporate tax to 28% from 50.8%. Norsk Shell has told the government that in view of uncertainty about taxes it will not take part in the normal industry-government discussions about what acreage should be included in the 14th licensing round to be announced next year. This action does not bar Shell from participating in the licensing round when it gets under way. Shell has the if the tax package is not changed sharply in its passage through Storting it is unlikely to bid for new licenses

  6. International Legal Realities of Migrant Labour Rights

    Directory of Open Access Journals (Sweden)

    Giovanni Di Lieto

    2015-11-01

    Full Text Available This paper is concerned with the evolutionary process of the global governance of labour migration, which has led to the progressive privatisation and commodification of international labour mobility. The focus is on the effects of such change on working conditions for migrants. In particular, the analysis is concerned with legal conceptualisations of labour mobility and their repercussions on the normative process of migration governance. For people on the move, the journey almost always entails sacrifices and uncertainty. The possible costs range from the emotional cost of separation from families and friends to high monetary fees. The stakes can include the physical dangers of working in dangerous occupations, or even a risk of death, such as in the case of illegal border crossings. Nevertheless, millions of people are still attempting movement, facing these costs or risks, in order to improve their living standards and those of their families. The implications for international human rights law are striking. Thus, attention is drawn to the human rights of all migrant workers, and more specifically to the protection and development of basic labour rights in the framework of international organisations. Ultimately, the main point of this study is to evaluate to what extent the freedom to choose where to work and to do so in decent conditions is a current legal reality at both the national and international levels.

  7. Governance structures for real estate transactions: Markets ...

    African Journals Online (AJOL)

    networks in the governance of real-estate transactions under three property rights regimes in .... empirical results of case study research exploring the relationship between .... collaboration (Entwistle, Bristow, Hines, Donaldson & Martin, 2007: 63-79). .... self-help group development (City of Windhoek, 2005). Of these,.

  8. Legal Aspects of the Financing of Religious Groups in Spain

    Directory of Open Access Journals (Sweden)

    ÓSCAR CELADOR ANGÓN

    2014-06-01

    Full Text Available The purpose of this paper is to analyze the Spanish public polices in the financing of churches and religious organizations. According to this approach, and taking in account that the Spanish legal frame lack of a common regulation for all religious groups, this paper aims to provide analysis of the following issues: the constitutional principles of the Spanish political system relevant to the religious freedom, the cooperation agreements between the State and the religious groups, and the economic and fiscal regime of the Catholic Church and the religious minorities.

  9. Governance in Córdoba’s Mixed Tribunal: A Study on Microphysics of Power Governance in Córdoba’s Mixed Tribunal: A Study on Microphysics of Power

    Directory of Open Access Journals (Sweden)

    Santiago Abel Amietta

    2011-01-01

    Full Text Available Córdoba is the first province of Argentina to adopt lay participation for the decision of criminal cases. Since 2005, a mixed tribunal of 8 lays and 3 judges decide some criminal cases by the rule of majority. Drawing on in-depth interviews with judges, other officials and jurors, this thesis explores this unique encounter of legal professionals and lays from the perspective of “microphysics of power” as put forward by Michel Foucault. The analysis first focuses on legal professionals’ perceptions of jurors and unveils how these perceptions construct jurors as a problem that needs to be governed. Secondly I discuss the tools of governance put into practice by legal professionals and the Judiciary to direct jurors’ conduct and argue that the interaction between lays and professionals is largely demarked by the mutual operation of power relations and knowledge. Next I look to jurors’ narratives to unravel their practices of self-governance and finally I trace the possibility of the emergence of resistant discourses by focusing on the narrative of a single juror. All in all this thesis constitutes an important departure from the previous body of work about lay participation in criminal justice by its theoretical approach and methodological advantages. It aims to make, by the theoretically informed analysis of relevant qualitative data, fruitful contributions both to the field of inquiries on jury trials and to more general discussions on how power in its myriad forms shapes subjectivities and governs conducts whilst circulates and is resisted against.

  10. Transnational crime and the interface between legal and illegal actors : the case of the illicit art and antiquities trade

    NARCIS (Netherlands)

    Tijhuis, Antonius Johannes Gerhardus

    2006-01-01

    In this PhD study the interface between legal governments and corporations on the one hand, and transnational criminals at the other hand, is analysed in depth. In the first part of the book, a typology of interfaces is developed that can be used to describe interfaces between legal and illegal

  11. Leadership and Governance in Regional Tourism

    DEFF Research Database (Denmark)

    Valente, Flavio Jose; Dredge, Dianne; Lohmann, Gui

    2015-01-01

    the idea that market-led governance offers a superior model of leadership for regional tourism. This paper adopts an embedded case study approach, undertaking a comparison of leadership in two RTOs that are operating in the same geographical location but under different governance regimes. Semi......-structured interviews with executives/leaders and stakeholders/followers were undertaken in two RTOs, a market-led organization and a government-led organization. The purpose of the study was to examine the influence of governance arrangements on the capacity of these RTOs to lead tourism. Findings reveal that while......The rise of neoliberal market management has contributed to an incontrovertible “truth” that regional tourism organizations (RTOs) established and led by business actors are more effective in leading regional tourism development. Despite these assertions, little evidence has surfaced to support...

  12. Legal Understanding of "Quid Pro Quo" Sexual Harassment in Schools

    Science.gov (United States)

    Mahlangu, Vimbi Petrus

    2017-01-01

    This paper highlights legal understanding of quid pro quo sexual harassment in schools. Quid pro quo sexual harassment implies abuse of authority or position to gain something sexual. A duty of care rests on teachers, Schools Governing Bodies and the Department of Education to provide and maintain safe schools that are free from all forms of…

  13. Making Local Governance Work for Women: Exploring New ...

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

    Despite two decades of legal and policy measures to promote gender equality, women struggle to hold a legitimate place in government and democracy in most developing countries. Most are marginalized by poverty and traditional patriarchal societies. This often leaves them subject to technocratic top-down development ...

  14. The use of entire agreement clauses in contracts governed by Danish law

    DEFF Research Database (Denmark)

    Mitkidis, Katerina

    2017-01-01

    The article analyses the use of entire agreement (EA) clauses in contracts governed by Danish law. It (i) reviews the practice, based on interviews conducted with the representatives of Danish firms, judiciary and legal profession, (ii) analyses the implications of the practice under Danish...... contract law and related case law and (iii) offers recommendations on how EA clauses can be amended to minimise associated legal risks....

  15. Legal problems concerning the export of nuclear power plants

    International Nuclear Information System (INIS)

    Pierer, Heinrich von.

    1977-01-01

    The legal problems raised by the export of nuclear power plants may be divided into three main categories: nuclear operator's liability for nuclear damage, the consequences for the supplier of the licensing requirements in the national laws of the buyer country and finally, the constraints of applying non-proliferation safeguards on export of nuclear equipment. As regards the third party liability regime in particular, the difficulties lie essentially in the insufficiency of the definition of the nuclear operator and the lack of harmonization in, or even the absence of national laws in this field. (NEA) [fr

  16. Latest legal and social developments in the euthanasia debate: bad moral consciences and political unrest.

    Science.gov (United States)

    Ferreira, N

    2007-06-01

    Several events that took place during recent years, such as the French Act on the rights of patients and the end of life, the Terri Schiavo case and Lord Joffe's proposal for an Assisted Dying Bill in the United Kingdom, have triggered the debate on euthanasia more than ever. It is therefore opportune to revisit basic notions related thereto and to make a comparative analysis of the legal regime of euthanasia in several countries in Europe and elsewhere, as well as to try to see how the public awareness of the problem has of late developed. There seems to be a clear trend in many legal systems towards an increasing respect for the patient's right to self-determination. However, we are still looking at a complex social game, where legal and medical terminology are manipulated and euphemisms are invented in order to accommodate bad moral consciences and avoid political unrest.

  17. Regime-dependent forecast uncertainty of convective precipitation

    Energy Technology Data Exchange (ETDEWEB)

    Keil, Christian; Craig, George C. [Muenchen Univ. (Germany). Meteorologisches Inst.

    2011-04-15

    Forecast uncertainty of convective precipitation is influenced by all scales, but in different ways in different meteorological situations. Forecasts of the high resolution ensemble prediction system COSMO-DE-EPS of Deutscher Wetterdienst (DWD) are used to examine the dominant sources of uncertainty of convective precipitation. A validation with radar data using traditional as well as spatial verification measures highlights differences in precipitation forecast performance in differing weather regimes. When the forecast uncertainty can primarily be associated with local, small-scale processes individual members run with the same variation of the physical parameterisation driven by different global models outperform all other ensemble members. In contrast when the precipitation is governed by the large-scale flow all ensemble members perform similarly. Application of the convective adjustment time scale confirms this separation and shows a regime-dependent forecast uncertainty of convective precipitation. (orig.)

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

    International Nuclear Information System (INIS)

    Gonzalez G, A.

    2000-01-01

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

  19. Biological invasions, ecological resilience and adaptive governance.

    Science.gov (United States)

    Chaffin, Brian C; Garmestani, Ahjond S; Angeler, David G; Herrmann, Dustin L; Stow, Craig A; Nyström, Magnus; Sendzimir, Jan; Hopton, Matthew E; Kolasa, Jurek; Allen, Craig R

    2016-12-01

    In a world of increasing interconnections in global trade as well as rapid change in climate and land cover, the accelerating introduction and spread of invasive species is a critical concern due to associated negative social and ecological impacts, both real and perceived. Much of the societal response to invasive species to date has been associated with negative economic consequences of invasions. This response has shaped a war-like approach to addressing invasions, one with an agenda of eradications and intense ecological restoration efforts towards prior or more desirable ecological regimes. This trajectory often ignores the concept of ecological resilience and associated approaches of resilience-based governance. We argue that the relationship between ecological resilience and invasive species has been understudied to the detriment of attempts to govern invasions, and that most management actions fail, primarily because they do not incorporate adaptive, learning-based approaches. Invasive species can decrease resilience by reducing the biodiversity that underpins ecological functions and processes, making ecosystems more prone to regime shifts. However, invasions do not always result in a shift to an alternative regime; invasions can also increase resilience by introducing novelty, replacing lost ecological functions or adding redundancy that strengthens already existing structures and processes in an ecosystem. This paper examines the potential impacts of species invasions on the resilience of ecosystems and suggests that resilience-based approaches can inform policy by linking the governance of biological invasions to the negotiation of tradeoffs between ecosystem services. Copyright © 2016. Published by Elsevier Ltd.

  20. “The Nigerian Novel and the Imperative of Good Governance: A ...

    African Journals Online (AJOL)

    As can be seen from the above epigraphic statements, the image of governance in novels written by African writers about civilian governments and military regimes in African nations has generally been bleak, negative, directionless and vacuous, especially so in novels about post-independence Africa, where power has ...

  1. Legal consequences of the Chernobyl accident in the FRG

    International Nuclear Information System (INIS)

    1988-01-01

    The author considers that the Chernobyl accident was a challenge to lawmakers and lawyers. This paper reviews the different aspects under which it has tested the legal system governing the peaceful use of nuclear energy in the Federal Republic of Germany. In particular, regulations protecting the public from the dangers of ionizing radiation proved to be inadequate and had to be amended (NEA) [fr

  2. Data protection for the digital age: comprehensive effects of the evolving law of accountability

    Directory of Open Access Journals (Sweden)

    Nina GUMZEJ

    2012-12-01

    Full Text Available The law of personal data protection has for years been lagging behind technology, which is evolving propulsively and with high speed. A number of new challenges arising from the post-modern digital age have been identified for rights and freedoms of individuals with respect to processing of their personal data and thus a need for adapting the relevant legal-regulatory regime and ensuring a workable and systematic data protection system for the third millennium. After examination of the current legal framework and supporting systems at the level of European Union law, this paper focuses on recently proposed reforms. Proposed new EU legal-regulatory regime towards a potent data protection ecosystem is strongly supported by stricter accountability of those who are responsible for personal data. As one of the core legal principles supporting the new regime, accountability denotes, in a nutshell, a number of legally enforceable duties to implement and verify measures and procedures that can ensure operative and demonstrable data protection compliance. Selected highlights of the proposed accountability measures are therefore examined in this paper and arguments provided for a shift towards organizational data protection management and governance already today.

  3. The New Legal Framework for Acquiring ‘Well-Known’ Status in China

    DEFF Research Database (Denmark)

    Xiao, Kaiyu; Barrett Christiansen, Claus; Elsmore, Matthew James

    2017-01-01

    In China there is a new legal framework governing the determination of ‘well-known’ trade mark status. In this article, we identify several substantive and procedural innovations as regards the new rules, as well as drawing attention to attendant Chinese peculiarities that are also worthy...... of attention. Our legal analysis comprises a mix of positive and constructive critique of current Chinese trade mark law and practice, and reveals that to understand the rules regarding well-known status demands close examination of the institutional set-up in China. The article’s aim is to detail the new...... provisions and to address whether the new legal framework signals, overall, a more coherent phase of Chinese trade mark law ahead for determining and concluding well-known trade mark status in China....

  4. 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....

  5. Understanding how social enterprises can benefit from supportive legal frameworks : a case study report on social enterpreneurial models in Greece

    NARCIS (Netherlands)

    Argyrou, A.a; Blomme, R.J.; Lambooy, T.E.; Kievit, H.

    2016-01-01

    This study aims to test how legal factors affect the corporate structure of a social enterprise. The current article focuses on the legal factor of governance as the decision-making power of stakeholders within the social enterprise. The authors conducted a case study and examined a major social

  6. Competing Transnational Regimes under WTO Law

    Directory of Open Access Journals (Sweden)

    Carola Glinski

    2014-02-01

    Full Text Available Against a common perception of CSR being a business concept without binding legal effect, this article discusses legitimate legal effects of private standards in public international law, using the issue of private labels as “international standards” under WTO law. WTO law shows certain openness for external transnational standards. This article argues that the references to “international standards” in the TBT Agreement can be applied for the selection between competing public or private norms that claim relevance. Thereby, the most legitimate standard for governing the problem at issue should be chosen. This is exemplified with the case of Tuna Dolphin II where the Appellate Body has emphasised the requirement of procedural legitimacy. The article argues that the requirements for legitimate standards depend on the interests at stake and that a private standard can well be more legitimate than a (competing public standard. As the justifying effect of Article 2.5 TBT mainly interferes with economic interests, a relevant “international standard” may well consist of a representative business standard, e.g. a private label. In contrast, an international standard in the terms of Article 2.4 TBT which interferes with a democratic decision in favour of public interests such as environmental protection must reflect these public interests in a legitimate way. The article concludes that CSR can play an important role in defining legally valid justifying or minimum standards in public international law.

  7. Brexit and government procurement

    OpenAIRE

    Dawar, Kamala

    2017-01-01

    This briefing paper looks at some of the legal issues that will affect the UK’s public procurement laws and policies following Brexit. For, once the UK revokes the European Communities Act 1972, it will no longer be obligated to follow the EU Procurement Directives, nor will it be subject to the commitments the EU has signed up to on behalf of the UK in the WTO Government Procurement Agreement (GPA) and in Preferential Trade Agreements (PTAs). Additionally, under the Devolution Settlement of ...

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

    Directory of Open Access Journals (Sweden)

    Pierre Foy Valencia

    2013-12-01

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

  9. Governance in Blockchain Technologies & Social Contract Theories

    Directory of Open Access Journals (Sweden)

    Wessel Reijers

    2016-12-01

    Full Text Available This paper is placed in the context of a growing number of social and political critiques of blockchain technologies. We focus on the supposed potential of blockchain technologies to transform political institutions that are central to contemporary human societies, such as money, property rights regimes, and systems of democratic governance. Our aim is to examine the way blockchain technologies canbring about - and justify - new models of governance. To do so, we draw on the philosophical works of Hobbes, Rousseau, and Rawls, analyzing blockchain governance in terms of contrasting social contract theories. We begin by comparing the justifications of blockchain governance offered by members of the blockchain developers’ community with the justifications of governance presented within social contract theories. We then examine the extent to which the model of governance offered by blockchain technologies reflects key governance themes and assumptions located within social contract theories, focusing on the notions of sovereignty, the initial situation, decentralization and distributive justice.

  10. Better governance, better access: practising responsible data sharing in the METADAC governance infrastructure.

    Science.gov (United States)

    Murtagh, Madeleine J; Blell, Mwenza T; Butters, Olly W; Cowley, Lorraine; Dove, Edward S; Goodman, Alissa; Griggs, Rebecca L; Hall, Alison; Hallowell, Nina; Kumari, Meena; Mangino, Massimo; Maughan, Barbara; Mills, Melinda C; Minion, Joel T; Murphy, Tom; Prior, Gillian; Suderman, Matthew; Ring, Susan M; Rogers, Nina T; Roberts, Stephanie J; Van der Straeten, Catherine; Viney, Will; Wiltshire, Deborah; Wong, Andrew; Walker, Neil; Burton, Paul R

    2018-04-26

    Genomic and biosocial research data about individuals is rapidly proliferating, bringing the potential for novel opportunities for data integration and use. The scale, pace and novelty of these applications raise a number of urgent sociotechnical, ethical and legal questions, including optimal methods of data storage, management and access. Although the open science movement advocates unfettered access to research data, many of the UK's longitudinal cohort studies operate systems of managed data access, in which access is governed by legal and ethical agreements between stewards of research datasets and researchers wishing to make use of them. Amongst other things, these agreements aim to respect the reasonable expectations of the research participants who provided data and samples, as expressed in the consent process. Arguably, responsible data management and governance of data and sample use are foundational to the consent process in longitudinal studies and are an important source of trustworthiness in the eyes of those who contribute data to genomic and biosocial research. This paper presents an ethnographic case study exploring the foundational principles of a governance infrastructure for Managing Ethico-social, Technical and Administrative issues in Data ACcess (METADAC), which are operationalised through a committee known as the METADAC Access Committee. METADAC governs access to phenotype, genotype and 'omic' data and samples from five UK longitudinal studies. Using the example of METADAC, we argue that three key structural features are foundational for practising responsible data sharing: independence and transparency; interdisciplinarity; and participant-centric decision-making. We observe that the international research community is proactively working towards optimising the use of research data, integrating/linking these data with routine data generated by health and social care services and other administrative data services to improve the analysis

  11. Populism versus IMF Conditionalities: Demand Management Policies in Present Regime of Globalization

    Directory of Open Access Journals (Sweden)

    Ayub Mehar

    2018-01-01

    Full Text Available The end of a bipolar regime after the collapse of the Soviet Union diverted the world economies to globalization regime, where economic freedom and liberalization were adopted as most powerful and popular philosophies of the economic welfare and development. The origination of a free trade regime, decentralization in public finance, and revival of the classical school of thought in economic policies are the natural outcomes of the global failure of centrally controlled economic planning experiences. Autonomy of the central banks, market-oriented exchange rates, convertibility of the currencies, privatization, deregulation, and free trade are the banners of classical economic thoughts in the present regime. Meanwhile, the International Monetary Fund (IMF came into force when the world was divided into left and right arms. The IMF conditionality and recommended measures are still based on demand management mechanism where most of the advices belong to exchange rate mechanism (devaluation, increase in interest rate, increase in tax revenue, reduction in subsidies, transfer payments, so on. The core objective of this study is to review the IMF policies and practices in the contemporary world where supply-side policies and classical theories are regaining their importance in post-Soviet regime. Before any recommendation and contemplating the role of the IMF in the contemporary world, it will be appropriate to review and analyze the current practices of the IMF by three dimensions: History and cause of the creation of the IMF, its governance and financial structure, and its role in global economy and lending activities. The study suggests the change in the IMF governance structure and the coordination between World Trade Organization (WTO, World Economic Forum (WEF, and IMF policies.

  12. The legal imperative to protect critical energy infrastructure

    Energy Technology Data Exchange (ETDEWEB)

    Shore, J.J.M.

    2008-03-15

    Canada's critical infrastructure is comprised of energy facilities, communications centres, finance, health care, food, government and transportation sectors. All sectors face a range of physical or cyber threats from terrorism and natural phenomenon. Failures or disruptions in the sectors can cascade through other systems and disrupt essential services. The power outage in 2003 demonstrated gaps in North America's emergency preparedness. In 2006, al-Qaida called for terrorist attacks on North American oil fields and pipelines, specifically targeting Canada. Studies have confirmed that Canada is vulnerable to attacks on energy infrastructure. Government agencies and the private sector must work ensure the safety of Canada's energy infrastructure, as the primary responsibility of government is the protection of its citizenry. The fulfilment of the government's commitment to national security cannot be achieved without protecting Canada's critical energy infrastructure. However, Canada has not yet provided a framework linking federal government with critical infrastructures, despite the fact that a draft strategy has been under development for several years. It was concluded that governments and the private sector should work together to reduce risks, protect the public, and secure the economy. National security litigation against the government and legal imperatives for energy facility owners and operators were also reviewed. 98 refs., 20 figs.

  13. Political and Legal Doctrine of Simon Bolivar

    Directory of Open Access Journals (Sweden)

    Mixail V. Fedorov

    2014-03-01

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

  14. Emergence, institutionalization and renewal: Rhythms of adaptive governance in complex social-ecological systems.

    Science.gov (United States)

    Chaffin, Brian C; Gunderson, Lance H

    2016-01-01

    Adaptive governance provides the capacity for environmental managers and decision makers to confront variable degrees of uncertainty inherent to complex social-ecological systems. Current theoretical conceptualizations of adaptive governance represent a series of structures and processes best suited for either adapting or transforming existing environmental governance regimes towards forms flexible enough to confront rapid ecological change. As the number of empirical examples of adaptive governance described in the literature grows, the conceptual basis of adaptive governance remains largely under theorized. We argue that reconnecting adaptive governance with foundational concepts of ecological resilience-specifically Panarchy and the adaptive cycle of complex systems-highlights the importance of episodic disturbances and cross-scale interactions in triggering reorganizations in governance. By envisioning the processes of adaptive governance through the lens of Panarchy, scholars and practitioners alike will be better able to identify the emergence of adaptive governance, as well as take advantage of opportunities to institutionalize this type of governance in pursuit of sustainability outcomes. The synergistic analysis of adaptive governance and Panarchy can provide critical insight for analyzing the role of social dynamics during oscillating periods of stability and instability in social-ecological systems. A deeper understanding of the potential for cross-scale interactions to shape adaptive governance regimes may be useful as society faces the challenge of mitigating the impacts of global environmental change. Copyright © 2015 Elsevier Ltd. All rights reserved.

  15. Design considerations for legalizing cannabis: lessons inspired by analysis of California's Proposition 19.

    Science.gov (United States)

    Caulkins, Jonathan P; Kilmer, Beau; MacCoun, Robert J; Pacula, Rosalie Liccardo; Reuter, Peter

    2012-05-01

    No modern jurisdiction has ever legalized commercial production, distribution and possession of cannabis for recreational purposes. This paper presents insights about the effect of legalization on production costs and consumption and highlights important design choices. Insights were uncovered through our analysis of recent legalization proposals in California. The effect on the cost of producing cannabis is largely based on existing estimates of current wholesale prices, current costs of producing cannabis and other legal agricultural goods, and the type(s) of production that will be permitted. The effect on consumption is based on production costs, regulatory regime, tax rate, price elasticity of demand, shape of the demand curve and non-price effects (e.g. change in stigma). Removing prohibitions on producing and distributing cannabis will dramatically reduce wholesale prices. The effect on consumption and tax revenues will depend on many design choices, including: the tax level, whether there is an incentive for a continued black market, whether to tax and/or regulate cannabinoid levels, whether there are allowances for home cultivation, whether advertising is restricted, and how the regulatory system is designed and adjusted. The legal production costs of cannabis will be dramatically below current wholesale prices, enough so that taxes and regulation will be insufficient to raise retail price to prohibition levels. We expect legalization will increase consumption substantially, but the size of the increase is uncertain since it depends on design choices and the unknown shape of the cannabis demand curve. © 2011 The Authors, Addiction © 2011 Society for the Study of Addiction.

  16. Toward an E-Government Semantic Platform

    Science.gov (United States)

    Sbodio, Marco Luca; Moulin, Claude; Benamou, Norbert; Barthès, Jean-Paul

    This chapter describes the major aspects of an e-government platform in which semantics underpins more traditional technologies in order to enable new capabilities and to overcome technical and cultural challenges. The design and development of such an e-government Semantic Platform has been conducted with the financial support of the European Commission through the Terregov research project: "Impact of e-government on Territorial Government Services" (Terregov 2008). The goal of this platform is to let local government and government agencies offer online access to their services in an interoperable way, and to allow them to participate in orchestrated processes involving services provided by multiple agencies. Implementing a business process through an electronic procedure is indeed a core goal in any networked organization. However, the field of e-government brings specific constraints to the operations allowed in procedures, especially concerning the flow of private citizens' data: because of legal reasons in most countries, such data are allowed to circulate only from agency to agency directly. In order to promote transparency and responsibility in e-government while respecting the specific constraints on data flows, Terregov supports the creation of centrally controlled orchestrated processes; while the cross agencies data flows are centrally managed, data flow directly across agencies.

  17. Medicine beyond borders: the legal and ethical challenges.

    Science.gov (United States)

    Kassim, Puteri Nemie J

    2009-09-01

    The ease and affordability of international travel has contributed to the rapid growth of the healthcare industry where people from all around the world are traveling to other countries to obtain medical, dental, and surgical care while at the same time touring, vacationing and fully experiencing the attractions of the countries that they are visiting. A combination of many factors has led to the recent increase in popularity of medical tourism such as exorbitant costs of healthcare in industrialized nations, favorable currency exchange rates in the global economy, rapidly improving technology in many countries of the world and most importantly proven safety of healthcare in selected foreign nations. Nevertheless, the development of medical tourism has certainly awakened many ethical and legal issues, which must be addressed. Issues pertaining to malpractice, consumer protection, organ trafficking, alternative medicine and telemedicine need comprehensive legal regulatory framework to govern them. Ethical issues are also been raised by the promotion of medical tourism in particular those pertaining to doctor and patient relationship. A future, where medical law is subsumed into various legal and ethical dimensions, poses serious challenges for the practice and ethics of medicine.

  18. 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.

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

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

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

  1. Students in Higher Education Governance: The Portuguese Case

    Science.gov (United States)

    Cardoso, Sonia; dos Santos, Sergio Machado

    2011-01-01

    This article aims at analysing and discussing student participation in Portuguese higher education institutions and, specifically, in university governance. In a first moment, it describes this participation under both the previous (1988-2007) and the new legal frameworks (since 2007). A discussion of the changes introduced by this last framework…

  2. Prevalence of Adolescent Pregnancy in Ganye Local Government ...

    African Journals Online (AJOL)

    Adolescent pregnancy is formally defined as a pregnancy in a young woman who has not reached her 20th birthday when the pregnancy ends, regardless of whether the woman is married or is legally an adult. The prevalence of adolescent pregnancy in Ganye local government area, Adamawa state were assessed.

  3. Framework for local government to implement integrated water ...

    African Journals Online (AJOL)

    The Water Services Act (No. 8 of 1997) of South Africa states that water service delivery is the responsibility of local government as Water Services Authorities. The principal legal responsibility is to complete a Water Services Development Plan (WSDP) every 5 years with annual review. The WSDP encapsulates all the ...

  4. Capacity of the legal framework of public health institutions in Mexico to support their functional integration

    Directory of Open Access Journals (Sweden)

    Ignacio Ibarra

    2013-05-01

    Full Text Available Objective. Evaluate the capacity of the federal legal framework to govern financing of health institutions in the public sector through innovative schemes –otherwise known as functional integration–, enabling them to purchase and sell health services to and from other public providers as a strategy to improve their performance. Materials and methods. Based on indicators of normative alignment with respect to functional integration across public health provider and governance institutions, content analysis was undertaken of national health programs and relevant laws and guidelines for financial coordination. Results. Significant progress was identified in the implementation of agreements for the coordination of public institutions. While the legal framework provides for a National Health System and a health sector, gaps and contradictions limit their scope. The General Register of Health is also moving forward, yet it lacks the necessary legal foundation to become a comprehensive tool for integration. The medical service exchange agreements are also moving forward based on tariffs and shared guidelines. However, there is a lack of incentives to promote the expansion of these agreements. Conclusions. It is recommended to update the legal framework for the coordination of the National Health System, ensuring a more harmonious and general focus to provide functional integration with the needed impulse.

  5. ANALYSING PERFORMANCE ASSESSMENT IN PUBLIC SERVICES: HOW USEFUL IS THE CONCEPT OF A PERFORMANCE REGIME?

    Science.gov (United States)

    Martin, Steve; Nutley, Sandra; Downe, James; Grace, Clive

    2016-03-01

    Approaches to performance assessment have been described as 'performance regimes', but there has been little analysis of what is meant by this concept and whether it has any real value. We draw on four perspectives on regimes - 'institutions and instruments', 'risk regulation regimes', 'internal logics and effects' and 'analytics of government' - to explore how the concept of a multi-dimensional regime can be applied to performance assessment in public services. We conclude that the concept is valuable. It helps to frame comparative and longitudinal analyses of approaches to performance assessment and draws attention to the ways in which public service performance regimes operate at different levels, how they change over time and what drives their development. Areas for future research include analysis of the impacts of performance regimes and interactions between their visible features (such as inspections, performance indicators and star ratings) and the veiled rationalities which underpin them.

  6. Equality, Legal Certainty and Tax Legislation in the Netherlands
    Fundamental Legal Principles as Checks on Legislative Power: A Case Study

    Directory of Open Access Journals (Sweden)

    Hans Gribnau

    2013-03-01

    Full Text Available Fundamental legal principles may function as a check on legislative power protecting citizens against arbitrary interferences with their liberty. This contribution deals with the principle of equality and the principle of certainty. First, the testing of legislation against the principle of equality is presented as a case study of constitutional review. In the Netherlands, the constitutional dialogue between the legislator and the Dutch Supreme Court revolving around the principle of equality demonstrates a fair amount of subtle details. As a result, constitutional review can hardly be called an all or nothing affair.Secondly, retroactive tax legislation is dealt with. The legislator does seem to take the principle of legal certainty, another fundamental legal principle, quite seriously, although no testing of statutory legislation is possible by the courts. With regard to retroactive tax legislation the Government has committed itself in a memorandum, requested by Parliament, to adhere to rules of conduct with regard to different situations where it deems retroactive tax legislation to be justified. Thus, a soft law instrument facilitates a dialogue between different partners in the business of law-making.

  7. GOOD GOVERNANCE: NORMATIVE VS. DESCRIPTIVE DIMENSION

    Directory of Open Access Journals (Sweden)

    Ciprian IFTIMOAEI

    2015-04-01

    Full Text Available The concept of “good governance” was used for the first time in the 1989 World Bank Report – Sub-Saharan Africa: From Crisis to Sustainable Growth. A Long-Term Perspective Study – and has already made history in international studies, especially after the breakdown of the communist regimes. The governance has to do with authority, decision-making and accountability.The good governance is defined as the capacity of the government to manage a nation’s affaires, to provide economic development, welfare for citizens, and social protection for the poor. In this article,the concept of good governance is analysed according to two main dimensions: the normative dimension which comprises principles, values and norms that are guiding the international community and the governments in the management of policymaking process;the descriptive dimension which refers to the practical aspects of implementing the good governance’s standards as policies, programmes and structural reforms with the aim of solving or ameliorating the problems of developing countries.

  8. The First World War as Collapse Catalyst of Dual Monarchy Regime in Russia

    Directory of Open Access Journals (Sweden)

    Fomenkov А. А.

    2014-01-01

    Full Text Available The article is devoted to the specific features of the form of government in Russia in the years 1906–1917. The causes of the Dual Monarchy regime collapse in February 1917 have been revealed

  9. DETERMINANTS OF FOREIGN DIRECT INVESTMENT IN NIGERIA: A MARKOV REGIME-SWITCHING APPROACH

    Directory of Open Access Journals (Sweden)

    Akinlo A. Enisan

    2017-04-01

    Full Text Available Several studies have analyzed the movement of foreign direct investment in Nigeria using linear approach. In contrast with all existing studies in Nigeria, this paper runs several non linear FDI equations where the main determinants of FDI are determined using Markov- Regime Switching Model (MSMs. The approach enables us to observe structural changes, where exist, in FDI equations through time. Asides, where FDI regression equation is truly nonlinear, MSMs fit data better than the linear models. The paper adopts maximum likelihood methodology of Markov-Regime Model (MSM to identify possible structural changes in level and/or trends and possible changes in parameters of independent variables through the transition probabilities. The results show that FDI process in Nigeria is governed by two different regimes and a shift from one regime to another regime depends on transition probabilities. The results show that the main determinants of FDI are GDP growth, macro instability, financial development, exchange rate, inflation and discount rate. This implies liberalization that stems inflation and enhance the value of domestic currency will attract more FDI into the country.

  10. 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...

  11. The exchange rate arrangements-government finance relationship and the impact on debt management

    OpenAIRE

    Silvia Trifonova; Milena Kovachevich

    2016-01-01

    The choice of exchange rate regime can have a significant impact on the development of the national economy, which affects the main economic indicators. Traditionally, researchers consider the effects of certain types of exchange rate regimes on economic indicators such as gross domestic product, inflation, current account, real exchange rate and investments, but is it possible that the exchange rate regime can also reflect the country's government finance and thus influence the management of...

  12. Alberta oil sands royalty regime

    International Nuclear Information System (INIS)

    Asgarpour, S.

    2004-01-01

    The long term objective of the Oil Sands Business Unit of Alberta Energy is to pave the way for Alberta's bitumen production to reach 3 million barrels per day by 2020. This presentation described the national government's role in resource development. It was emphasized that since the Crown is the owner of the oil sands resource, it would benefit by providing strategic leadership and by generating a larger royalty base. The oil sands fiscal regime was described with reference to generic royalty, risk sharing, investment, and project economics. Business rule principles were also outlined along with criteria for project expansions. Both upstream and downstream challenges and opportunities were listed. 4 figs

  13. REGIONAL GOVERNMENT'S RESPONSIBILITY TO THE PROTECTION OF INDONESIAN WORKER EMPLOYED (TKIs ABROAD (Review of Human Rights Perspective

    Directory of Open Access Journals (Sweden)

    Asri Lasatu

    2017-06-01

    Full Text Available The purpose of the establishment of the Republic of Indonesia is to protect and realize the welfare of citizens. Therefore, the main responsibility of the government is to provide protection and guarantee to every citizen to get a job and a decent living for humanity. Limitations of domestic employment, as well as the public's desire to work overseas, should be responded positively by the government, by formulating regulations both at the central and regional levels. This study will examine the roles and responsibilities of local governments as an effort the law protection against Indonesian Migrant Worker working abroad.This research is a normative legal research with approach of legislation and concept approach and analyzed qualitatively to give perspective on legal issue to the object of this research study. The results show that the responsibility of local government, especially in the pre-placement, post-placement, and empowerment phase of placement of migrant workers, while the placement of migrant workers is the responsibility of the central government. Implementation of local government responsibilities should be supported by regulations established by local governments.

  14. 78 FR 9336 - Production of FHFA Records, Information, and Employee Testimony in Legal Proceedings

    Science.gov (United States)

    2013-02-08

    ... timely notice and centralized, objective decision making. The United States Supreme Court upheld this..., Information, and Employee Testimony in Legal Proceedings AGENCY: Federal Housing Finance Agency. ACTION... (FHFA) proposes a regulation governing the production of FHFA records, information or employee testimony...

  15. Campus Free Speech Presents Both Legal and PR Challenges for Colleges

    Science.gov (United States)

    Nguyen, AiVi; Dragga, Anthony

    2016-01-01

    Free speech is fast becoming a hot-button issue at colleges across the country, with campus protests often mirroring those of the public-at-large on issues such as racism or tackling institution-specific matters such as college governance. On the surface, the issue of campus free speech may seem like a purely legal concern, yet in reality,…

  16. Governance for quality management in tropical food chains

    NARCIS (Netherlands)

    Tilburg, van A.; Trienekens, J.H.; Ruben, R.; Boekel, van M.A.J.S.

    2007-01-01

    This paper provides a framework that focuses on the linkages between several key dimensions of supply chain organisation and performance of perishable tropical food products. The focus is on the relationship between governance regime and quality management, however, two other related variables are

  17. Neither market nor government. Comparing the performance of user rights regimes

    NARCIS (Netherlands)

    Buitelaar, E.

    2003-01-01

    This paper takes a di erent perspective on the market versus government debate. This debate is often too general, too political and not fruitful. Starting from the assumption that many actors make decisions about changes in land use and that those decisions have to be coordinated in some ways, three

  18. 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

  19. The Current Legal Framework of the Use of Force against Terrorist Organizations

    Directory of Open Access Journals (Sweden)

    Petra PERISIC

    2013-11-01

    Full Text Available Events that took place on 9/11, when symbols of American nation were destroyed by hijacked civilian airplanes, raised the issue of the effectiveness of the currently existing legal framework which regulates terrorist activities. Prior to that event, dealing with terrorist activities was mostly regulated by conventions, many of which were ratified by no more than couple of states. However, it became questionable whether these instruments are sufficient to fight terrorists who are not only immune to a threat of sanctions, but are even ready to sacrifice their lives. After the attacks took place, the United States launched against Afghanistan an armed action, ending up in a more than a decade long occupation, holding Taliban regime responsible for the attacks undertaken by Al-Qaida. The United States response to the 9/11 raised an important question: what is the legal response to terrorist attacks? This article explores the current legal framework of the use of force in response to terrorist attacks, especially with regard to distinguishing terrorist acts which are attributable to a certain state, from those which are undertaken by a terrorist group, not associated with any particular state.

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

    Directory of Open Access Journals (Sweden)

    О. О. Шинкарьов

    2015-05-01

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