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. 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.

  3. LEGAL MATRIMONIAL REGIME IN B&H

    Directory of Open Access Journals (Sweden)

    Boris Krešić

    2011-12-01

    Full Text Available Matrimonial regime between spouses or between extramarital partners, and between parents and children is regulated by the Family Law Act of Bosnia and Herzegovina Federation, hereinafter FLA B&HF (SG FBiH 35/05, 41/05, Family Law Act of the Republic of Srpska, hereinafter FLA RS (SG RS”54/02, 41/08 and the Family Law Act of Brčko District, hereinafter FLA BD (SG RS, 66/07. Legal rules used for the regulation of the matrimonial regime between spouses, as well as between spouses and third parties make matrimonial regime (Ponjavić, 2005, p. 361. Matrimonial regime between spouses in family legislation in Bosnia and Herzegovina (B&H is regulated in two following ways: as legal matrimonial regime and as contract matrimonial regime. Legal regime is the one which applies on spouses if not arranged otherwise prior to contracting marriage or during marriage. In this paper the author indicates the differences between the legal matrimonial regimes of the two entities as well as those between the entities and Brčko District of Bosnia and Herzegovina.

  4. Towards the Legal Recognition and Governance of Forest ...

    African Journals Online (AJOL)

    ... 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. KEYWORDS: Ecosystem services, Mozambique, legal ...

  5. 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.

  6. 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

  7. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

    and researchers. CURRENT E-GOVERNMENT. REGULATORY ELEMENTS. In an attempt to regulate the e-Government and. ICT related initiatives the Ethiopian government has been engaged in producing some regulatory and legal documents. These legal document include: e-Signature law, e-Commerce law, data.

  8. ACTUAL ISSUES OF THE LEGAL REGIME OF ARCTIC

    Directory of Open Access Journals (Sweden)

    Aleksandr Igorevich Morozov

    2015-01-01

    Full Text Available The article is about the current issues of the legal regime of the Arctic. The author describes the situation around the Arctic region, the role of legal regulation in the development of the Arctic.

  9. 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.

  10. 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

  11. THE FISCAL ANTI-FRAUD CONTROL. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    Rada POSTOLACHE

    2014-05-01

    Full Text Available The fiscal anti-fraud control has been regulated quite recently, by the Government Emergency Ordinance No. 74/2013, adopted in the context of the implementation of the “Project for the modernization of the fiscal administration” and the intensification of the fight against tax evasion. On the basis of the legal norms applying to it, of specialized doctrine and legal literature, the present work aims to approach fiscal control from various perspectives – organization, enforcement and definition of legal accountability – so as to point at the same time its specific forms, in relation to other similar control forms. Moreover, the present work will also analyse the novelty elements which the law brings, so as to create a specific technical support for the authorities, regarding those case laws having as object the economic-financial frauds. The current study aims to delineate the legal regime of this control form, which we consider a specialized activity, organized within the National Agency of Fiscal Administration and performed with the specific target of control, so as to prevent, acknowledge and fight tax evasion. At the same time, the present study is useful under the present circumstances, in which fiscal fraud has become more intense, becoming a phenomenon, but also because fiscal fraud has incidence upon other field of economic and financial interest.

  12. 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

  13. Legal Aspects of Corporate Governance in Albania: A critical approach

    OpenAIRE

    Mirela Fana

    2015-01-01

    The academic debate on legal aspects of corporate governance, be it at national or international level, has strongly intensified especially during the last two decades. Such tendency has also influenced the relevant Albanian legal framework, as it is evidenced by the most recent amendments on the Law “On Entrepreneurs and Commercial Companies” of 2014. This article focuses exactly on an analyses of the legal and quasi-legal norms of corporate governance in Albania (IFC principles), providing ...

  14. International Regime Governance and Apparel Labour Upgrading in ...

    African Journals Online (AJOL)

    International Regime Governance and Apparel Labour Upgrading in Export Processing Zones in Urban Kenya. ... movements and their sympathisers need to demand the full implementation of minimum labour conditions. Key Words: Apparel, Global Value Chain, Dependency, Regimes, Governance, Upgrading, Urban ...

  15. 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...

  16. 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

  17. 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 ...

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

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    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.

  19. Legal provisions governing the acknowledgement 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

  20. 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

  1. 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...

  2. 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.

  3. 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.

  4. Ethical and legal challenges in bioenergy governance

    DEFF Research Database (Denmark)

    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 regulat...... about such factors, and about the inherent trade-offs in bioenergy governance....

  5. Legal Aspects of Corporate Governance in Albania: A critical approach

    Directory of Open Access Journals (Sweden)

    Mirela Fana

    2015-11-01

    Full Text Available The academic debate on legal aspects of corporate governance, be it at national or international level, has strongly intensified especially during the last two decades. Such tendency has also influenced the relevant Albanian legal framework, as it is evidenced by the most recent amendments on the Law “On Entrepreneurs and Commercial Companies” of 2014. This article focuses exactly on an analyses of the legal and quasi-legal norms of corporate governance in Albania (IFC principles, providing a comparison between the latter and the European Union norms or other internationally recognized principles of good corporate governance, such as the OECD principles. Main objective of this article is to provide a critical analyses of legal rules on two main components of corporate governance, namely shareholder rights and stakeholder protection in a corporation, identifying in this way, when relevant, the necessity for reforming commercial norms. Lastly, from a methodological point of view, the article employs the functional interpretative method of legal norms, critical analyses of relevant case law and when it comes to the comparison between the national and supra-national approaches to corporate governance; it uses the functional comparative method.

  6. 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...

  7. 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

  8. 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...

  9. 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.

  10. The impact of the legal regime of intellectual property protection in the pharmaceutical market.

    Science.gov (United States)

    Pashkov, Vitaliy M; Golovanova, Iryna A; Olefir, Andrii A

    2016-01-01

    the functioning of the healthcare industry in any country is impossible without providing enough medicines for patient care. This problem can best be resolved only when the majority of drugs, especially vital, will be made at national plants (industry). In this context, competition from generic drugs is the most optimal strategy to reduce drug's prices. the paper should examine how the legal regime of intellectual property affects the availability of medicines for people and identify ways of supporting breakthrough inventions and counter ≪unreal innovations≫. for the purpose of study were generalized information from the scientific journals of medical and legal perspective, monographs by using a set of scientific methods. Namely under systematic approach have been analyzed the problems of pharmaceutical market, ways of producing generic and original drugs. Comparative legal method was useful for learning features of flexible mechanisms of the TRIPS Agreement and market regulation of medicines in the world. based on the research was found that developed countries with strong pharmaceutical industry are interested in maximizing the protection of intellectual property rights, including importing countries. Flexible mechanisms of the TRIPS Agreement can be useful for developing countries. thus, successful development of pharmaceutical industry and health care should be accompanied by the following measures: - improvement of public health must be recognized as a main task of government policy; - substantial state support aimed at increasing the availability of drugs in the domestic market and the strengthening of export potential; - decrease patent protection of medicines and stimulate market launch of generic copies.

  11. The impact of the legal regime of intellectual property protection in the pharmaceutical market.

    Science.gov (United States)

    Pashkov, Vitaliy M; Golovanova, Iryna A; Olefir, Andrii A

    the functioning of the healthcare industry in any country is impossible without providing enough medicines for patient care. This problem can best be resolved only when the majority of drugs, especially vital, will be made at national plants (industry). In this context, competition from generic drugs is the most optimal strategy to reduce drug's prices. the paper should examine how the legal regime of intellectual property affects the availability of medicines for people and identify ways of supporting breakthrough inventions and counter ≪unreal innovations≫. for the purpose of study were generalized information from the scientific journals of medical and legal perspective, monographs by using a set of scientific methods. Namely under systematic approach have been analyzed the problems of pharmaceutical market, ways of producing generic and original drugs. Comparative legal method was useful for learning features of flexible mechanisms of the TRIPS Agreement and market regulation of medicines in the world. based on the research was found that developed countries with strong pharmaceutical industry are interested in maximizing the protection of intellectual property rights, including importing countries. Flexible mechanisms of the TRIPS Agreement can be useful for developing countries. thus, successful development of pharmaceutical industry and health care should be accompanied by the following measures: - improvement of public health must be recognized as a main task of government policy; - substantial state support aimed at increasing the availability of drugs in the domestic market and the strengthening of export potential; - decrease patent protection of medicines and stimulate market launch of generic copies.

  12. 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 have...... lower cost of debt than firms headquartered in the civil law countries. Our results also show that bulk of the difference in cost of debt between firms headquartered across the two legal regimes can be explained by the corporate governance mechanisms. Our results have implication for firms in the civil...... law countries in a way that they highlight that higher cost of debt in the civil law countries can be offset by improving firm-level corporate governance mechanisms....

  13. Self-Interested Governments, Unionization, and Legal and Illegal Immigration

    OpenAIRE

    Palokangas, Tapio

    2008-01-01

    This paper examines an economy with following properties. Attempts to restrain illegal immigration incur costs. Illegal workers can work only in the competitive sector. Workers and employers bargain over wages in the unionized sector and lobby the government for immigration policy and workers’ bargaining power. The main findings are as follows. If the government can determine legal immigration, then it expropriates rents from labor unions. In that case, neither workers nor employers are worse...

  14. 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.

  15. Legal empowerment for accountable, just and equitable governance ...

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

    Large land areas in Cameroon are under agribusiness and logging concessions. While private sector investments hold out promise for green development and poverty reduction, the country faces key governance challenges, including a legal system in flux and weak regulation of rural land relations. Uncoordinated ...

  16. 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.

  17. 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.

  18. 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

  19. Implementing timber legality assurance regime in Ghana: a review ...

    African Journals Online (AJOL)

    Illegal logging has contributed significantly to slowing the march towards sustainable forest management in Ghana. Illegal logging has been found to thrive in environment where regulatory controls are not adequate. Stakeholders are concerned about the verification of legal compliance for timber harvesting and processing ...

  20. 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.

  1. 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 ...

  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. The legal regime of competition in United Kingdom

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia MAICAN

    2015-06-01

    Full Text Available The United Kingdom has recently introduced a unitary competition regime. Begining with 1979, the United Kingdom was a primary exponent of the neoliberal philosophy, putting in first place market, privatisation, liberalisation and deregulation. For that reason, a competition policy did not exist too much in practice for almost two decades. An important aspect was the influence of European Union competition law. Even in a such situation, the supranational policy could not take the place in of a domestic competition policy. The British Parliament adopted some rules in 1998 in the field of anti-competitive agreements and the control of abuse of dominance and in 2002 in the field of merger control. In March 2012, there were announced the proposals for the reformation the United Kingdom competition law regime. According to the proposals, the functions of the Competition Commission and the competition functions of the Office of Fair Trading (OFT, will be the competences of a new, single competition authority, the Competition and Markets Authority (CMA. The new body will have jurisdiction to analyse merger control reviews and market investigations, and in the same time will act as the main institution enforcing the competition laws.

  4. 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)

  5. 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.

  6. Hedging bets: Applying New Zealand's gambling machine regime to cannabis legalization.

    Science.gov (United States)

    Caulkins, Jonathan P

    2018-03-01

    Cannabis legalization is often falsely depicted as a binary choice between status quo prohibition and legalizing production and distribution by (regulated) for-profit industry. There are, however, many more prudent architectures for legalization, such as restricting production and distribution licenses to not-for-profit entities. Wilkins describes how New Zealand applied that concept to gambling machines and proposes a parallel for cannabis legalization. Greater investment in proposing good designs along these lines, including attending to governance structures, would be valuable. Copyright © 2017 Elsevier B.V. All rights reserved.

  7. 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.

  8. 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

  9. Comparison between the legal regime of the extinctive prescription in Romanian civil law and fiscal law

    Directory of Open Access Journals (Sweden)

    Silvia Lucia CRISTEA

    2015-06-01

    Full Text Available This article analyses the institution of the extinctive prescription, first synthesizing the common law stated by the Romanian Civil Code (Section I and then the special regulation given by the Romanian Code of Fiscal Procedure (Section II in which we differentiate between the particular legal regime of the extinctive prescription in the area of the rights of claim (Section 2.1-2.2, in the area of the right to initiate the foreclosure (Section 2.3, and in that of the right to ask for compensation and restitution (Section 2.7. The comparison between the legal regime of the extinctive prescription in civil law and its regulation given by the fiscal law it is stated by the last section, structured into similarities and differences.

  10. 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

  11. The Legal Regime and the Civil Liability Basis of the Danubian International Carrier

    OpenAIRE

    Ion Iorga; Mirela Paula Costache

    2015-01-01

    This study continues the author's concerns towards the river transport, with emphasis on the obligation of the carrier's liability and the nature of incident liability. Based on the analysis of international regulation of the contract of carriage of goods by inland waterways, this article examines the legal regime applied on the liability of the carrier of goods on the Danube and, predominantly it makes a point of view on the basis of liability of the Danubian carrier. The article...

  12. Non-Industrial Mining of Gold by Persons: Features of Administrative-Legal Regime

    Directory of Open Access Journals (Sweden)

    Nikolai N. Tsukanov

    2016-11-01

    Full Text Available The research paper deals with the administrative-legal regime of the mining of gold, the thesis on the impact of regulatory gaps in this area on the crime situation in some gold –mining regions is argumented. A proposal to include in the legislation the term “non-industrial gold-mining” is proposed, possible content of this concept is revealed.

  13. Revisiting Conveyancing risks under the Legal Regime for Land Registration in Nigeria: A Case for Title Insurance

    Directory of Open Access Journals (Sweden)

    Akaayar Simon VIASHIMA

    2017-03-01

    Full Text Available This research investigates the conveyancing risks which cannot be cured under the present legal regime for land registration in Nigeria. Two fundamental issues motivated this study. The first is that, in Nigeria, registration of title to land is mandatory and meant to assure certainty of registered title amongst other reasons. However, it is settled law that registration of title per se cannot cure any defect in the title or confer validity which it does not possess. This phenomenon not only exposed registered title holders to hidden conveyancing risks, but also threatened the effectiveness and public trust in registration of title regime. The second problem is the lack of appropriate risk control measures that are specifically designed for registered title holders in country. Consequently, this paper evaluates the existing conveyancing risks in the particular context of the extant rules on land registration. Although the paper commends legal efforts aim at strengthening land registration in Nigeria, it demonstrates that there is enormity of conveying perils which largely defeats the benefits of registering title to land. In that regard, the study proposes the establishment of title insurance as new commercial model that will be tailored for conveyancing risks control in the country. It concludes that since insurance regulation is the exclusive preserve of the Federal government, the National Insurance Commission should pioneer the reform suggested in this paper by invoking section 101 of the Insurance Act 2003.

  14. 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...... efficiently on the prevention of an oil spill and the response to it. A second path relates to the institutional settings and proposes considering the stress lines pertaining to the entanglement of public and indigenous rights and authorities and the consequences at the local level. A third path suggests...

  15. [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.

  16. The Legal Regime and the Civil Liability Basis of the Danubian International Carrier

    Directory of Open Access Journals (Sweden)

    Ion Iorga

    2015-08-01

    Full Text Available This study continues the author's concerns towards the river transport, with emphasis on the obligation of the carrier's liability and the nature of incident liability. Based on the analysis of international regulation of the contract of carriage of goods by inland waterways, this article examines the legal regime applied on the liability of the carrier of goods on the Danube and, predominantly it makes a point of view on the basis of liability of the Danubian carrier. The article used as a research method the analysis of these incident laws, with interpreting the incident form of liability of the international Danubian carrier, as configured by the laws in force.

  17. Legal Regime towards Protecting Coral Reefs: An International Perspective and Indian scenario

    OpenAIRE

    Rajesh Sehgal

    2006-01-01

    Corals Reefs are an important link in the marine biodiversity and millions of people depend on coral reefs for their sustenance and livelihood, yet these vital resources are in great danger today. Today, 27% of the world's coral reefs have been lost and 14% are predicted to be destroyed in the next 10 to 20 years due to the threats caused by human activities like over fishing, pollution, sedimentation and climate change. On the other hand, the current legal regimes towards protection of coral...

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

    African Journals Online (AJOL)

    The paper argued that the removal of fuel subsidy by the Federal Government in 2012 violates the fiduciary responsibility of the State as exposed in the preamble to the 1999 constitution. It showcases the insensitivity of the government to the social concerns of the citizenry and attempt by the oil cabal to privatize Nigeria.

  19. 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.

  20. NIGERIAN GOVERNMENT AND OIL SUBSIDY REGIME: A HORN ...

    African Journals Online (AJOL)

    GRACE

    that the removal of fuel subsidy by the Federal Government in 2012 violates the fiduciary responsibility of the State as ... The debate on oil subsidy in Nigeria has been an age long issue. The crisis that the oil subsidy removal .... Art and craft, trans-Atlantic slave-trade and commerce were the other dominant occupations.

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

    International Nuclear Information System (INIS)

    Frede, W.

    1994-01-01

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

  2. Legal 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)

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

    African Journals Online (AJOL)

    KM_Yilma & HH_Abraha

    Media” published in the same issue of this journal. ... education to prepare law students to a legal profession which is increasingly oriented by the Internet. .... of the scope of protection accorded to computer programs. While 'technological- neutrality' is much desirable in a fast-moving field like information technology, there is ...

  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. 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

  6. Legal Regime towards Protecting Coral Reefs: An International Perspective and Indian scenario

    Directory of Open Access Journals (Sweden)

    Rajesh Sehgal

    2006-09-01

    Full Text Available Corals Reefs are an important link in the marine biodiversity and millions of people depend on coral reefs for their sustenance and livelihood, yet these vital resources are in great danger today. Today, 27% of the world's coral reefs have been lost and 14% are predicted to be destroyed in the next 10 to 20 years due to the threats caused by human activities like over fishing, pollution, sedimentation and climate change. On the other hand, the current legal regimes towards protection of coral reefs are often inadequate. Though, most countries have legislation for reef conservation and additional national laws and multilateral environmental agreements have been adopted by the countries with assistance of the international and inter-governmental organization. There exists a wide array of local, state, national, and international initiatives that attempt, in varying degrees, to protect and preserve these ecosystems, still the implementation of these laws is difficult and completely lacking. This article primarily focuses on the principal national (India and international legal instruments that may provide for coral reef protection and provides recommendations for their better conservation. The article also highlight the condition of coral reefs and the difficulty in understanding their perilous situation.

  7. 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.

  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. 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

  10. 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.

  11. How supportive are existing national legal regimes for multi-use marine spatial planning?—The South African case

    CSIR Research Space (South Africa)

    Taljaard, Susan

    2013-03-01

    Full Text Available regimes for multi-use MSP—in this instance the South African legal framework. Although multi-use MSP has not been explicitly adopted as a process within South Africa's broader ICM implementation, existing legislation does reveal support. The department...

  12. 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)

  13. 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

  14. '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.

  15. Corporate governance and incentive contracts: historical evidence from a legal reform

    OpenAIRE

    Bayer, Christian; Burhop, Carsten

    2008-01-01

    This paper proposes to exploit a reform in legal rules of corporate governance to identify contractual incentives from the correlation of executive pay and firm performance. In particular, we refer to a major shift in the legal and institutional environment, the reform of the German joint-stock companies act in 1884. We analyze a sample of executive pay for 46 firms for the years 1870 to 1911. In 1884, a law reform substantially enhanced corporate control, strengthened the monitoring incentiv...

  16. 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.

  17. 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)

  18. The legal regime for moon resource utilization and comparable solutions adopted for deep seabed activities

    Science.gov (United States)

    Viikari, L. E.

    2003-06-01

    The Moon and the deep seabed (including their natural resources) are the only environs in international law explicitly proclaimed as the common heritage of mankind. This would seem to necessitate a specific approach to the utilization of their natural resources, too, but this must be one that takes into account the fact that both domains are increasingly affected by commercialization and privatization. The premise of this paper is that a productive analogy can be drawn between the regulation of activities in these two areas, one that benefits space law in particular. The only directly relevant space treaty in this regard, the so-called Moon Treaty of 1979, was drafted in a quite different world; moreover, only 10 countries have ratified the Treaty, and none of these can be considered a major space faring nation. The law of the sea has been far more successful in solving such problems in its area than space law has in its own. Particularly noteworthy are the innovative amendments to the 1982 UN Convention on the Law of the Sea, which were able to accommodate the concerns of the industrialized states and could thus yield guidelines for the future development of the law of outer space where natural resource utilization is concerned. While utilization of the resources of celestial bodies of course mostly still lies ahead, the increasing pace in the development of human space activities suggests that now would be an ideal time to make legal rules governing the activities, which may be a reality sooner than we can ever expect.

  19. 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

  20. 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...

  1. 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

  2. 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...

  3. 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.

  4. 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.

    2013-01-01

    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. PMID:23479648

  5. 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.

  6. 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.

  7. 31 CFR 538.505 - Provision of certain legal services to the Government of Sudan, persons in Sudan, or benefitting...

    Science.gov (United States)

    2010-07-01

    ... to the Government of Sudan, persons in Sudan, or benefitting Sudan. 538.505 Section 538.505 Money and... Licensing Policy § 538.505 Provision of certain legal services to the Government of Sudan, persons in Sudan, or benefitting Sudan. (a) The provision to the Government of Sudan, to a person in Sudan, or in...

  8. 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

  9. 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

  10. Delicious enigmas: Legal geographical indication regimes in Bordeaux and the United Kingdom

    OpenAIRE

    Farmer, E. A.

    2013-01-01

    This dissertation is based around a comparative ethnographic study of two geographical indication (GI) regimes--which protect place-based products under what is generally accepted to be the framework of intellectual property law-- the appellation d'origine contrôlée (AOC) system for wine regulation in Bordeaux and the Protected Food Names (PFN) system which protects artesan foods in the UK. Conceptually, the project considers the social construction of meaning in GIs, particularly in regard t...

  11. Legal Basis of the Treasury System in Local Governments in the Second Republic of Poland

    Directory of Open Access Journals (Sweden)

    Anna Tarnowska

    2013-12-01

    Full Text Available The author of the article presents the legal basis of the treasury system of the local government during the period of so called Second Republic of Poland (1918–1939 i.e. “interwar period”. The author indicates a discrepancy between systems of the former Russian, Prussian and Austrian districts, aside from the autonomous Silesian Voivodeship created in 1920, and numerous issues distinctive for process of unification, not actually successful solved until 1939. The basic provisions were provided for in Provisional settlement of communal finances Act from 1923, amended several times and officially valid until the post-war years. The matter of local budgets has been standardized in the President`s Decree from 1924 concerning obligations and procedure of covering expenditures of local governments. Nevertheless, given regulations constituted a complicated, overextended and casual system.

  12. Expropiation and seizure goods as penalties for drug traffic. Economic analysis of the legal regime

    Directory of Open Access Journals (Sweden)

    Manuel Alberto Restrepo-Medina

    2010-03-01

    Full Text Available This article through the use of economic categories tries to identify the reasons that did not allow that former legislation (Law 333 1996 produced the result expected from the administration of seizure goods. This law pretended that this goods were not only productive, but also that they may generate employment. It is proposed in this article some remedies for the problems that were not solve by the new legislation (laws 785-793 2002 with the aim to establish the legal and institutional adjustments that permit that permit the fulfillment of the original objectives.

  13. THE LEGAL REGIME OF THE UNILATERAL PROMISE REGARDING THE SALE CONTRACT

    Directory of Open Access Journals (Sweden)

    Livia MOCANU

    2016-05-01

    Full Text Available The conclusion of a sale contract is often preceded by several agreements or temporary contracts taking several forms in the Romanian contemporary law, such as: the preference pact, the option pact, the unilateral and bilateral promise of sale. The current study regards the unilateral promise of sale/purchase which will be analyzed in the context of its legal acknowledgement by means of the Civil Code. The originality of this institution resides in its constitution elements, evolution and purpose, all of them composing an autonomous mechanism, completely different from the sale contract and the other contract meant to shape the latter.

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

    Directory of Open Access Journals (Sweden)

    Fernanda Maria Afonso Carneiro

    2016-12-01

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

  15. 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.

  16. 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.

  17. An analysis of Australia's legal regime for imposing liability on manufacturers of pharmaceutical drugs.

    Science.gov (United States)

    Tsui, Mabel

    2014-03-01

    Following a trial in June 2009 where the Federal Court heard submissions regarding whether Merck Sharpe and Dohme Australia should be held liable for an increased risk of cardiovascular conditions noted in patients who had taken the anti-inflammatory drug Vioxx, a judgment was handed down against MSDA in March 2010. MSDA then appealed to the Full Federal Court, where it was successful. A subsequent special leave to appeal application to the High Court of Australia was rejected in May 2012. This article examines the themes raised in the trial judgment and the appropriateness of Australia's statutory consumer protection regime through the lens of pharmaceutical drug injuries and side effects.

  18. 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.

  19. 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

  20. 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

  1. 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.)

  2. 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

  3. The legal regime for moon resource utilization, with particular emphasis on environmental protection, and comparable solutions adopted for deep seabed activities

    Science.gov (United States)

    Viikari, L.

    This paper will examine the resource utilization regime as established by the body of international space law and by the 1979 Moon Treaty in particular, as well as the current problems pertaining to it. A particular area of interest is environmental protection vis-à-vis resource utilization. A potential source of fruitful analogy is provided by the deep seabed mineral utilization regime, as established by the 1982 United Nations Convention on the Law of the Sea, the 1994 New York Agreement amending it, and the recent 2000 Mining Code as the first part of more detailed regulations that will eventually govern exploration for and exploitation of all deep seabed minerals. Such comparison seems advantageous, because several developments in the field of using the space environment are showing obvious similarities with previous developments in the law of the sea regarding deep seabed resource management. The Moon and the deep seabed (and their natural resources) are also the only environs explicitly proclaimed as the common heritage of mankind. On the other hand, both domains are increasingly affected by commercializat ion and privatization, too. A recent new (legally non-binding) instrument for space activities is the 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of All States, Taking into Particular Account the Needs of Developing Countries. It attempts at an important compromise regarding the Common Heritage provision, offering a means to share benefits while recognizing market principles. These principles very much resemble the previous solutions adopted by the 1994 New York Agreement for the deep seabed. The paper attempts to reflect in particular upon the experience available from such developments.

  4. 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

  5. Tackling pollution of the Mediterranean Sea from land-based sources by an integrated ecosystem approach and the use of the combined international and European legal regimes

    NARCIS (Netherlands)

    Hildering, Antoinette; Keessen, Andrea M.; Rijswick, H.F.M.W. van

    2009-01-01

    The successful protection of marine and freshwater areas and ecosystems, including specially protected areas, is highly dependent on the effectiveness of an integrated approach to prevent and combat land-based pollution. Several legal regimes have been developed to regulate and solve this kind of

  6. Tackling pollution of the Mediterranean Sea from land-based sources by an integrated ecosystem approach and the use of the combined international and European legal regimes

    Directory of Open Access Journals (Sweden)

    Antoinette Hildering

    2009-06-01

    Full Text Available The successful protection of marine and freshwater areas and ecosystems, including specially protected areas, is highly dependent on the effectiveness of an integrated approach to prevent and combat land-based pollution. Several legal regimes have been developed to regulate and solve this kind of pollution on the international level as well as on the European level. Therefore, this integrated approach requires coherence between European and international legal regimes and between the regulation of freshwater and the seas. An effective legal regime should provide clear goals and clear responsibilities and take into account the relevant impacts and pressures and the transboundary elements of the action against pollution of the sea from land-based source areas, and therefore respond to the need for cooperation between states and the need for an integrated approach to regulate all impacts and pressures that could influence the goals and targets for the specific protected areas. Integrated programmes of measures are necessary and so are arrangements for cooperation and dispute settlement. The protection of the Mediterranean Sea is taken as an example of the integrated ecosystem approach to protect marine regions. The article focuses on pollution caused by land-based sources. The combined rights and obligations under EU law and international law – in particular the Barcelona Convention – are discussed, as well as the required integrated approach towards the marine environment. Existing legal protection regimes for marine regions and river basin catchment areas in both international and European law are analyzed in order to identify the promises and challenges for a coherent legal regime.

  7. 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 (p0.10). Opium consumption (βˆ1=0.47 to 0.49, popium is slightly responsive (inelastic) to changes in its own price (βˆ2=-0.34 to -0.35, pOpium 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. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  8. 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

  9. 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.

  10. 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.

  11. 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

  12. From Indifference to Mutual Support - A Comparative Analysis of Legal Pluralism in the Governing of South Asian Fisheries

    NARCIS (Netherlands)

    Bavinck, M.; Johnson, D.; Amarasinghe, O.; Rubinoff, J.; Southwold-Llewellyn, S.; Thomson, K.T.

    2013-01-01

    This article presents findings on the current state of fisheries governance in South Asia from the perspective of legal pluralism. It is based on ethnographic fieldwork in six coastal districts of India and Sri Lanka and focuses on resource health and allocation. We suggest that interactions between

  13. 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

  14. The issues of legal basis in proceedings for the repayment of subsidies granted from the budget of local government units

    Directory of Open Access Journals (Sweden)

    Anna Miernik

    2016-12-01

    Full Text Available The starting point of the paper is the analysis of amendments introduced with the Public Finance Act of 27 August 2009 which entered into force on 1 January 2010 with regard to the procedure applicable for determining the amounts of subsidies subject to repayment. The author points out a certain paradox noticeable under the new legal regime: on the one hand, the legislator intended to regulate in a systemic way the issues of public finance, including those investigated by the author; on the other hand, however, the legislator provoked certain doubts in the construal of the provisions with regard to the mode of adjudication in matters for subsidy repayment, which doubts were absent when the previous Public Finance Act of 30 June 2005 had been in force. This concerns in particular the absence of delegation of powers to a body of the local government unit to issue an administrative decision in case of failure to repay the subsidy within the statutory time limit. The paper discusses the issues of application of Articles 60-67 of the Public Finance Act in the context of time limits for the subsidy repayment, as well as Article 169(6 of the said Act in conjunction with the substance of Article 252 of the said Act, and points out regulatory deficiencies in the latter case, i.e. with regard to the procedural mode when the subsidy is not repaid within the specified time limit, if the subsidy was granted from the budget of a local government unit. The author presents both the theory and the case law, pointing out discrepant opinions which seem to prefer either the path of the administrative law or the path of the civil law, and all of it despite quite a considerable period that lapsed since the entry into force of the new provisions. In conclusion, the author places herself with the supporters of the administrative law adjudications for the solution of the issues in question, admitting however the necessity for the legislator to adjust the discussed

  15. Searching the Future for the Legal Regime of Space Activities: the Need for Unification of National Space Legislation' Provisions

    Science.gov (United States)

    Negoda, S. A.

    2002-01-01

    space activities. For the future legal regime of space activities it is vital to preserve the existed principles and main provisions of the international space law. related legislations are developing rapidly. They become serious instrument for legal regulation of space activities. those projects with a foreign party involvement. Quite often partners in international space projects agree to choice a domestic law of one of them. They do this for defining a certain organizational and/or contractual issue (disputes settlement, for example) of the project. that such practice will spread widely. could help to preserve the existed important provisions of international space law (responsibility of states for their national activities, for instance). development of international space private law. We believe that solely special laws and regulations of national legislations could not regulate modern space activities. Being more and more commercial, space activities are becoming a real part of "downed to Earth" commercial activities. Therefore, in many countries provisions of civil, commercial, investment and other branches of national law are applied to such activities. which could low possible risks of such activities and to control them. Such unification seems to be suitable in the following fields: 1)implementation of provisions of international space law in national space laws; 2)definition of unified terminology, accepted by national laws of all parties; 3)unification in national legislations of a certain standards (insurance rates and rules, for instance); 4)unification in national laws of issues related to liability (for instance, a mutual wave of liability in certain types of 5)implementation in national laws of unified rules and procedures of space-related commercial disputes settlement; 6)unification of mechanisms for protection of space-related intellectual property. unification of their provisions. Special attention is paid to provisions of private law

  16. 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...

  17. Making the ecosystem approach operational-Can regime shifts in ecological- and governance systems facilitate the transition?

    DEFF Research Database (Denmark)

    Österblom, H.; Gårdmark, A.; Bergström, L.

    2010-01-01

    Effectively reducing cumulative impacts on marine ecosystems requires co-evolution between science, policy and practice. Here, long-term social–ecological changes in the Baltic Sea are described, illustrating how the process of making the ecosystem approach operational in a large marine ecosystem...... of the Baltic Sea sub-basins, and their driving forces, points to a number of challenges. There is however a movement towards a new governance regime. Bottom-up pilot initiatives can lead to a diffusion of innovation within the existing governance framework. Top-down, enabling EU legislation, can help...

  18. 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

  19. 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...

  20. Iraq: U.S. Regime Change Efforts and Post-War 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...

  1. Iraq: U.S. Regime Change Efforts and Post-War Governance

    National Research Council Canada - National Science Library

    Katzman, Kenneth

    2003-01-01

    .... Administrations 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...

  2. Regulatory Governance

    DEFF Research Database (Denmark)

    Kjær, Poul F.; Vetterlein, Antje

    2018-01-01

    , legal and cultural, on a global scale. Against this background, this special issue sets out to explore the multifaceted meaning, potential and impact as well as the social praxis of regulatory governance. Under the notions rules, resistance and responsibility the special issue pins out three overall......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...

  3. 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.

  4. 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

  5. Governing immigrants and citizenship regimes: the case of France, 1950s-1990s

    NARCIS (Netherlands)

    Nicholls, W.

    2012-01-01

    Does sustained and increasingly transnational immigration weaken the national character of citizenship regimes? This paper addresses this issue by examining French responses to immigration over a 40-year period. In spite of the changing character of immigration and changing state strategies, all

  6. The legal framework governing the quality of (traditional) herbal medicinal products in the European Union.

    Science.gov (United States)

    Kroes, Burt H

    2014-12-02

    In the European Union a complex regulatory framework is in place for the regulation of (traditional) herbal medicinal products. It is based on the principle that a marketing authorisation granted by the competent authorities is required for placing medicinal products on the market. The requirements and procedures for acquiring such a marketing authorisation are laid down in regulations, directives and scientific guidelines. This paper gives an overview of the quality requirements for (traditional) herbal medicinal products that are contained in European pharmaceutical legislation. Pharmaceutical quality of medicinal product is the basis for ensuring safe and effective medicines. The basic principles governing the assurance of the quality of medicinal products in the European Union are primarily defined in the amended Directive 2001/83/EC and Directive 2003/63/EC. Quality requirements of herbal medicinal products are also laid down in scientific guidelines. Scientific guidelines provide a basis for practical harmonisation of how the competent authorities of EU Member States interpret and apply the detailed requirements for the demonstration of quality laid down in regulations and directives. Detailed quality requirements for herbal medicinal products on the European market are contained in European Union (EU) pharmaceutical legislation. They include a system of manufacturing authorisations which ensures that all herbal medicinal products on the European market are manufactured/imported only by authorised manufacturers, whose activities are regularly inspected by the competent authorities. Additionally, as starting materials only active substances are allowed which have been manufactured in accordance with the GMP for starting materials as adopted by the Community. The European regulatory framework encompasses specific requirements for herbal medicinal products. These requirements are independent from the legal status. Thus, the same quality standards equally apply

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

    OpenAIRE

    Pankaj Kumar GUPTA; Singh SHALLU

    2014-01-01

    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...

  8. 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

  9. 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.

  10. 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

  11. 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.

  12. 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.

  13. Governance Regime Factors Conducive to Innovation Uptake in Urban Water Management: Experiences from Europe

    Directory of Open Access Journals (Sweden)

    Josselin Rouillard

    2016-10-01

    Full Text Available Innovative ways to manage the urban water cycle are required to deal with an ageing drinking and waste water infrastructure and new societal imperatives. This paper examines the influence of water governance in enabling transformations and technological innovation uptake in urban water management. A governance assessment framework is developed and applied in three case-studies, examining different scales and types of innovations used to tackle challenges in European urban water management. The methodology combines documentary analysis and interviews to reconstruct historical storylines of the shift in the water governance of urban water management for each site. The research provides detailed empirical observations on the factors conducive to innovation uptake at the local level. Critical governance factors such as commitment to compromise, the necessity to build political support, and the role of “entrepreneurs” and coalitions are highlighted. The paper also explores the role of discursive strategies and partnership design, as well as that of regulative, economic and communicative instruments, in creating barriers and opportunities to initiate and secure change. A number of recommendations targeted at innovators and water managers are presented in the conclusion.

  14. 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…

  15. Market and Policy in Argentina: Exploring the Non- Market Strategies and Government in A Hybrid Regime

    Directory of Open Access Journals (Sweden)

    Paola De Simone

    2017-01-01

    Full Text Available This paper investigates the nature of non-market strategies in the case of expanding business in Argentinian.  Result of the enquiry presents a new conceptual framework that allow us to understand the Argentine reality in a proper manner. The full investigation suggests that in other countries the non-market strategies are being studied, without establishing a discipline. Academic material and specific courses have been developed in the business schools of the universities, but, except in specific and small cases, there is no research field and cases developed in Argentina. The expanded research hypothesis argues that companies in Argentina do not understand how to approach the political decisions of the State of hybrid political regimes in matters that concern them. Companies focus on market logic without understanding the logic of "non-market" environments.

  16. 31 CFR 585.517 - Exportation of certain legal services to the Government of, or persons in, the FRY (S&M).

    Science.gov (United States)

    2010-07-01

    ... to the Government of, or persons in, the FRY (S&M). 585.517 Section 585.517 Money and Finance... persons in, the FRY (S&M). (a) The provision to the Government of the FRY (S&M), or to a person in the FRY... Government of the FRY (S&M) or to a person in the FRY (S&M): (1) Provision of legal advice and counselling to...

  17. 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

  18. Accident prevention in nuclear power plants and appropriate provisions in the current legal regime of the FRG

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1984-01-01

    Technology and hazards is a topic of concern to everybody, and legal experts are called upon to contribute their share to problem solving. Efforts towards creating a law on technical safety have to deal with the definition of terms such as: Hazards, damage, risk, probability, preventive measures. Sometimes, the question of whether an event should be judged to belong to accident prevention, risk abatement, or accepted remaining risk, is very difficult to answer. A system developed by experts is explained which offers a line of orientation along the following principles: The greater the risk, the more comprehensive and the more definite preventive measures are required. Measures to prevent damage are necessary in case of individual risks involved, such as the right to personal safety. In case of risks not affecting the individual, the principle of risk minimization is to be applied, taking into account the principle of reasonableness. (orig./HSCH) [de

  19. 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

  20. RECENT ADAPTATIONS OF THE LEGAL STANDARDS APPLIED TO TAX LIABILITIES THROUGH GOVERNMENT ORDINANCES

    Directory of Open Access Journals (Sweden)

    Ionel\tBOSTAN

    2015-06-01

    Full Text Available Our endeavour is directed at revealing certain difficulties identified during the actual process of levying the government revenue that have “lasted” in time, as well as the methods used in solving or merely alleviating such difficulties, as imposed and applied by the Executive authority. Among the above mentioned issues, we will specifically refer to the measures taken to discourage tax payers from using arrears as a source to fund their own activities, with important mentions on the special correction (“undeclared tax penalty” for cases when certain sums payable to the public budget are not declared (either totally or partially. The 2 part approaches the setting up of the ancillary obligations system which is specifically directed at protecting the real value of the fiscal claims and at sanctioning defaults of payment upon the due date.

  1. 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

  2. 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. 

  3. 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

  4. 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......: 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....

  5. 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.

  6. 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

  7. The legal and ethical framework governing Body Donation in Europe – 1st update on current practice

    NARCIS (Netherlands)

    Riederer, B.M.; Bolt, S.H.; Brenner, E.; Bueno-López, J.L.; Circulescu, A.R.M.; Davies, D.C.; Caro, R. de; Gerrits, P.O.; McHanwell, S.; Pais, D.; Paulsen, F.; Plaisant, O.; Sendemir, E.; Stabile, I.; Moxham, B.J.

    2012-01-01

    Previously, we have reported on the legal and ethical aspects and current practice of body donation in several European countries, reflecting cultural and religious variations as well as different legal and constitutional frameworks. We have also established good practice in body donation. Here we

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

    Science.gov (United States)

    Jaeger, Paul T.

    2004-01-01

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

  9. The compatibility of the governance of nuclear power plant de commissioning and of the competitive regime en Europe

    International Nuclear Information System (INIS)

    Tchapga, F.

    2003-01-01

    Nuclear power plant decommissioning is a mandatory operation for which financial arrangements have been defined. Current European decommissioning reserve find management models were designed in a context of operator monopolies and public property regime. Because of electricity sector restructuring; businesses are no longer protected from market sanctions and stock market volatility (affecting firm's financial viability). These potential sanctions create uncertainty on the decommission in financing mechanism. Thus, the form of decommissioning funds management (internal or external) appears as the main compatibility determinant with the electricity competition regimes. In a market risks environment, external management solutions improve credibility of operator's decommissioning commitment. (authors)

  10. 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 ...

  11. The Role of Government and Lobbying in the Creation of a Health Profession: The Legal Foundations of Counseling

    Science.gov (United States)

    Bergman, David M.

    2013-01-01

    The state and federal governments, along with private industry, play an important role in the development of a health profession. State governments establish training standards through licensure laws, and state programs dictate employment and payment opportunities. The federal government unifies a profession through recognition in national health…

  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. Draft Revised Agreement Between the Government of the French Republic and the European Organization for Nuclear Research concerning the Legal Status of the Said Organization in France - Changes to be made to the English and French Texts of the Draft

    CERN Document Server

    1972-01-01

    Draft Revised Agreement Between the Government of the French Republic and the European Organization for Nuclear Research concerning the Legal Status of the Said Organization in France - Changes to be made to the English and French Texts of the Draft

  14. 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.

  15. 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)

  16. Theoretical and pragmatic modelling of governing equations for a two-phase flow in bubbly and annular flow regimes

    International Nuclear Information System (INIS)

    Bottoni, M.; Sengpiel, W.

    1992-01-01

    Starting from the rigorous formulation of the conservation equations for mass, momentum and enthalpy, derived for a two-phase flow by volume averaging microscopic balance equations over Eulerian control cells, the article discusses the formulation of the terms describing exchanges between the phases. Two flow regimes are taken into consideration, bubbly flow, applicable for small or medium void fractions, and annular flow, for large void fractions. When lack of knowledge of volume-averaged physical quantities make the rigorously formulated terms useless for computational purposes, modelling of these terms is discussed. 3 figs., 15 refs

  17. Legal provisions governing technical installations, especially regulations of the Building Law, Trade-and-Industry Law, and Atomic Energy Law

    International Nuclear Information System (INIS)

    Nicklisch, F.

    1984-01-01

    The author first shows the various legal regulation patterns of the German law system with regard to technical installations and in this context discusses the comprehensive clause method which refers to scientific-technical standards. This method is said to be an adequate means of achieving suitable results in the relationship between law and technology. However, three weak points can be seen: (1) The law system uses many different standards. (2) Due to uncertainty about the real meaning and content of these standards, it is not clear how these standards are defined. (3) This in practice puts up the question to what extent statutory works of technology are a suitable tool of making legal regulations more concrete, and whether they are to be given binding force. (HSCH) [de

  18. 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.

  19. 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

  20. [Legal regime of preservation of data on identifiers obtained form DNA analysis, in the light of the Decision of the European Tribunal of Human Rights (Large Chamber), of December 4 2008 (S. and Marper vs. United Kingdom)].

    Science.gov (United States)

    Reverón Palenzuela, Benito

    2009-01-01

    The author analyzes the Judgement of the European Court of Human Rights, of 4 December 2008 (case of S. and Marper v. the United Kingdom). It declares that retaining fingerprints and cellular samples and DNA profiles after the criminal proceedings, when the accused has been acquitted, constitutes a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He also deals with the legal regime on data protection contained in the Spanish Law on police DNA databases of (Organic Law 10/2007, of 8 October), as well as its adaptation to the case law of the ECHR.

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

    DEFF Research Database (Denmark)

    Milana, Marcella

    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...... 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...

  2. ‘In Search of the Law’: Governing Homeless EU Citizens in a State of Legal Ambiguity

    NARCIS (Netherlands)

    Kramer, D.

    2017-01-01

    This research paper studies the government of Union citizens leading a homeless life in a different Member State than their own. Homeless organisations and scholars have pointed at the ambiguous and complex nature of EU free movement law as a factor aiding homelessness amongst Union citizens and a

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

    DEFF Research Database (Denmark)

    Milana, Marcella

    AE has acquired a new momentum in public (and private) policy under the ‘lifelong learning regime’ strongly influenced by the work of inter-states organizations like the UNESCO, the OECD, and the EU. Thus recent studies look at the workings of these organizations, their efforts in legitimizing......). 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...

  4. History and political cultures: the legal conceptions evoked by the military governments while score of getting legitimacy

    Directory of Open Access Journals (Sweden)

    Márcia Pereira da Silva

    2008-01-01

    Full Text Available This article proposes to analyse the period of brazilian military governments (1964-1985 under the view of lawfulness culture. We intend to show how the take of political power in 1964, far of being considered just the invest of the force and of the will, it was based into a juridical effort engagement, made upon a determined theory of constitutional right with emphasis in the thought of Carl Schmitt and Hans Kelsen.

  5. 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.

  6. WHO FCTC as a Pioneering and Learning Instrument; Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”

    Directory of Open Access Journals (Sweden)

    Pekka Puska

    2018-01-01

    Full Text Available The World Health Organization (WHO Framework Convention on Tobacco Control (FCTC is a unique global health instrument, since it is in the health field the only instrument that is international law. After the 10 years of its existence an Independent Expert Group assessed the impact of the FCTC using all available data and visiting a number of countries interviewing different stakeholders. It is quite clear that the Treaty has acted as a strong catalyst and framework for national actions and that remarkable progress in global tobacco control can be seen. At the same time FCTC has moved tobacco control in countries from a pure health issue to a legal responsibility of the whole government, and on the international level created stronger interagency collaboration. The assessment also showed the many challenges. The spread of tobacco use, as well as of other risk lifestyles, is related to globalization. FCTC is a pioneering example of global action to counteract the negative social consequences of globalization. A convention is not an easy instrument, but the FCTC has undoubtedly sparked thinking and development of other stronger public health instruments and of needed governance structures.

  7. 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...

  8. 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

    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...... in selected legal jurisdictions, this study reveals the common legal features pertinent to the concept of crime that are shared by the major legal systems of the world. Particular attention has been given to the thorny and much debated area of the subjective element of a crime and the standards employed...... 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...

  9. The Legal Regime of Nuclear Power Satellites-A Problem at the Cross-Roads of Nuclear Law and Space Law

    International Nuclear Information System (INIS)

    Courteix, S.

    1992-01-01

    The number of nuclear-powered satellites rises constantly and, recalling the fear generated by the crash of the Cosmos 954 satellite, the author points out that radioactive debris falling on earth could represent as great a hazard as accidental releases of radioactive material from land-based nuclear installations. Such satellites, therefore, can be governed by both space law and nuclear law. On the basis of international conventions applicable in the two fields and also with reference to the Law of the Sea and environmental law, the article analyses preventive and radiation protection measures as well as emergency plans and also raises the problem of liability and compensation for damage. (NEA)

  10. 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.

  11. 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.

  12. Some considerations on the legal regulation of the process for public licitation, contracts and agreements on the establishment of educational partnerships between the government and the private sector

    Directory of Open Access Journals (Sweden)

    Adriana A. Dragone Silveira

    2009-06-01

    Full Text Available Currently the joint between the public administration and the private sector assumes new contours in function of the of the Brazilian State reform, configuring itself as a trend that if it has accented in the educational area, in the São Paulo’s cities, from the municipalization (municipal ownership of elementary school education, with the consolidation of partnerships and agreements involving the purchase of educational private system’s for municipal education net’s, the vacant subvention in private entities and the hiring of private institutions, aiming at the elaboration of educational politics for the management municipal. (ADRIÃO, BORGHI, 2008. Thus being, this article to look for introduce and to analyze, from the national legislation, the procedures for the establishment of these different partnership’s modalities between the municipal government and private institutions, physical or corporation body, discussing the rules for the licitation process for the services and works hiring, property and consumer goods acquisition, for the contracts celebration and the accords establishment with social organizations to transfer it of public resources, to look for understand the legal possibilities for the introduction of the privatizations mechanisms in the education.

  13. 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)

  14. 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

  15. Implementation Regimes and Street-Level Bureaucrats

    DEFF Research Database (Denmark)

    Winter, Søren; T. Dinesen, Peter; J. May, Peter

    -government regimes foster greater policy commitment, attention to rules, and adherence among frontline workers than is the case for a local-government implementation regime. These lead to actions of street-level bureaucrats in central-government regimes that are more in line with national policies than those...

  16. Innovative Use of the Law to Address Complex Global Health Problems; Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”

    Directory of Open Access Journals (Sweden)

    Helen L. Walls

    2017-12-01

    Full Text Available 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.

  17. 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...

  18. Performance Information and Retrospective Voting: Evidence from a School Accountability Regime. Program on Education Policy and Governance Working Paper Series. PEPG 15-03

    Science.gov (United States)

    Barrows, Samuel

    2015-01-01

    Governments are increasingly publishing information about the performance of the services they provide, in part to help citizens hold their elected representatives accountable for government service outcomes. Yet there is little evidence concerning the influence of information about government service performance on voter behavior. This paper…

  19. 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.

  20. The legal regime of international nuclear trade

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    Working Group 3 studied the following question: 'Should it be recommended to regulate the relations between the supplying and the receiving countries in a general way by international instruments in order to set up harmonized and internationally accepted principles for nuclear exportation and importation.' The answer was that harmonized and international norms should be developed with due regard to differences between economy and political matters. (CW) [de

  1. Clinical legal education models: Recommended assessment regimes

    African Journals Online (AJOL)

    Pedagogic aims can be set and achieved as CLE has intellectual worth in that it enables students to better understand concepts and principles of law and the application thereof in practice. It is therefore recommended that CLE courses be mandatory. The pedagogy of CLE is comprised of three basic components, namely ...

  2. International Legal Regime on Sustainable Forest Management

    OpenAIRE

    Nasrullah M Yahya

    2007-01-01

    Tropical forests—a resource of great value to humanity—are now in jeopardy. Tropical deforestation has been accelerated dramatically in the last three decades. In 1991, Food and Agriculture Organization (FAO) reported that more than fifty percent of tropical forests were cut. In estimation, our planet loses 100 acres of tropical forest every minute, meaning that 40 to 50 million acres (11 million hectares) annually. Due to its potential adverse impact on social, economic, cultural and e...

  3. Contracting in the national interest: Establishing the legal framework for the interaction of science, government, and industry at a nuclear weapons laboratory

    Energy Technology Data Exchange (ETDEWEB)

    Furman, N.S.

    1988-04-01

    Sandia National Laboratories, the nation's nuclear ordnance laboratory, is operated on a no-profit, no-fee basis by ATandT Technologies, Inc., as a prime contractor for the Department of Energy. This unique arrangement began in 1949 when President Harry Truman personally requested that ATandT assume management of the nuclear weapons laboratory as a service in the national interest. The story of how this unusual relationship came about makes for an interesting chapter in the annals of US legal and institutional history. This report describes the historical background, political negotiations, and prime contract provisos that established the legal framework for the Labs.

  4. Adopting New International Health Instruments - What Can We Learn From the FCTC? Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

    Science.gov (United States)

    Hesselman, Marlies; Toebes, Brigit

    2017-07-15

    This Commentary forms a response to Nikogosian's and Kickbusch's forward-looking perspective about the legal strength of international health instruments. Building on their arguments, in this commentary we consider what we can learn from the Framework Convention on Tobacco Control (FCTC) for the adoption of new legal international health instruments. © 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.

  5. 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...

  6. 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".

  7. Newborn screening cards: a legal quagmire.

    Science.gov (United States)

    Bowman, Diana M; Studdert, David M

    2011-03-21

    Newborn screening (NBS) programs are a well established and cost-effective method for early identification of genetic disorders. However, a raft of legal questions surrounds the collection, storage, ownership and secondary use of NBS cards. The absence of clear legal rules governing NBS programs in Australia means that there are few straightforward answers to these questions. A series of controversial incidents have exposed this uncertainty in Australia, and remarkably similar controversies have occurred in the United States and European Union. We review the situation, using Victoria as a case study. We also make the case for a dedicated regulatory regime for NBS programs, arguing that the lack of such a regime threatens public trust and the robust operation of NBS programs in Australia. New rules would likely introduce stricter requirements for informed consent at the point of blood collection than has been the norm to date. However, the scope for use of cards in research could expand rather than contract, and it may be possible to reduce the risk that vast card archives will need to be destroyed in response to future public outcries.

  8. Do Corporate Control and Product Market Competition Lead to Stronger Productivity Growth? Evidence from Market-Oriented and Blockholder-Based Governance Regimes

    NARCIS (Netherlands)

    Koke, J.; Renneboog, L.D.R.

    2003-01-01

    This study investigates the impact of corporate governance and product market competition on total factor productivity growth for two large samples of German and UK firms. In poorly performing UK firms, the presence of strong outside blockholders lead to substantial increases in productivity.

  9. Flow regimes

    International Nuclear Information System (INIS)

    Liles, D.R.

    1982-01-01

    Internal boundaries in multiphase flow greatly complicate fluid-dynamic and heat-transfer descriptions. Different flow regimes or topological configurations can have radically dissimilar interfacial and wall mass, momentum, and energy exchanges. To model the flow dynamics properly requires estimates of these rates. In this paper the common flow regimes for gas-liquid systems are defined and the techniques used to estimate the extent of a particular regime are described. Also, the current computer-code procedures are delineated and introduce a potentially better method is introduced

  10. 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.

  11. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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 in ...... 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....

  12. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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...... 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....

  13. 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.

  14. Environment and security in the South China Sea region : the role of experts, non-governmental actors and governments in regime building processes

    OpenAIRE

    Næss, Tom

    1999-01-01

    Background: The Spratly islands in the South China Sea are today the focal point of a territorial dispute that represents a serious threat to the regional security in Southeast Asia. Six governments - China, Vietnam, Taiwan, the Philippines, Malaysia and Brunei - have laid claims to all or some of the more than 230 islets, reefs and shoals in the Spratly area. The Peoples Republic of China (PRC) is a key player in the South China Sea conflict. However, the South China Sea is not jus...

  15. Health care networks implementation and regional governance challenges in the Legal Amazon Region: an analysis of the QualiSUS-Rede Project.

    Science.gov (United States)

    Casanova, Angela Oliveira; Cruz, Marly Marques; Giovanella, Ligia; Alves, Glaydes Dos Reis; Cardoso, Gisela Cordeiro Pereira

    2017-04-01

    This paper aims to analyze the potential, limits and challenges of regional governance in the implementation process of health care networks in three Brazilian regions: Alto Solimões (Amazonas), Belém (Pará) and an interstate region comprising Tocantins, Pará and Maranhão states (Topama). The study is based on the evaluation study on the implementation of the Quality Health Care Network Development and Improvement Project (QualiSUS-Rede). This is a qualitative multiple case study with the analysis of official documents and use of semi-structured interviews with key stakeholders conducted from July to December 2014. Governance review encompassed three components: stakeholders involved, especially local steering groups and their regional coordination capacity; strategies used for strengthening regional governance, anchored on the intervention's modeling; and implementation of local health care networks. Results point that the regional managing commissions were the main governance strategy and that the QualiSUS-Rede Project strengthened regional governance and integration differently in every case, depending on stakeholders' administration and consensus capacity on regional and political priorities.

  16. 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 ...

  17. Corporate Governance - een Nederlands-Duits rechtscultureel perspectief = ein niederländisch-deutscher rechtskultureller Überblick = a comparison of Dutch and German legal cultures

    NARCIS (Netherlands)

    Hagedorn, A.

    2015-01-01

    Sinds de boekhoudkundige schandalen zoals Enron en Worldcom heeft de discussie omtrent goed ondernemingsbestuur vaart gekregen en aan het begin van deze eeuw tot de invoering van corporate governance codes voor beursgenoteerde ondernemingen in Nederland en Duitsland geleid. Anders dan soms wordt

  18. Transnational Governance and Constitutionalism

    DEFF Research Database (Denmark)

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

    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. They are ......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......, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory....

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

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

    The Legal Counsel works with, and provides legal and strategic advice to, staff throughout the Centre, at all levels. The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on corporate governance matters.

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

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

  1. Regime change?

    International Nuclear Information System (INIS)

    Pilat, Joseph F.; Budlong-Sylvester, K.W.

    2004-01-01

    Following the 1998 nuclear tests in South Asia and later reinforced by revelations about North Korean and Iraqi nuclear activities, there has been growing concern about increasing proliferation dangers. At the same time, the prospects of radiological/nuclear terrorism are seen to be rising - since 9/11, concern over a proliferation/terrorism nexus has never been higher. In the face of this growing danger, there are urgent calls for stronger measures to strengthen the current international nuclear nonproliferation regime, including recommendations to place civilian processing of weapon-useable material under multinational control. As well, there are calls for entirely new tools, including military options. As proliferation and terrorism concerns grow, the regime is under pressure and there is a temptation to consider fundamental changes to the regime. In this context, this paper will address the following: Do we need to change the regime centered on the Treaty on the Nonproliferation of Nuclear Weapons (NPT) and the International Atomic Energy Agency (IAEA)? What improvements could ensure it will be the foundation for the proliferation resistance and physical protection needed if nuclear power grows? What will make it a viable centerpiece of future nonproliferation and counterterrorism approaches?

  2. 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.

  3. [Patient information in urology: current legal situation with particular emphasis on the codification of the contract governing medical treatment in the German Civil Code (BGB)].

    Science.gov (United States)

    Fischer, C; Petersilie, F

    2014-12-01

    The extent and specification of patient information have so far been defined by case law. Henceforth, the rules of patient information are included in a new type of contract, a contract governing medical treatment (Behandlungsvertrag), codified in §§630a-630e of the German Civil Code (BGB). The main conclusions of the case law are now governed by law; however, some new requirements, such as the obligation to inform patients about treatment errors or the stipulation to deliver copies of undersigned documents have been added. This article gives an overview of the codification of patient information, explains how to inform patients, particularly in urology and illustrates where it is still likely that law courts will be concerned with questions of interpretation. Correct patient information is crucial for declarations of informed consent.

  4. Introduction to the corporate governance model of a Portuguese organization of the Ancient Regime, with particular reference to its accounting: the Royal College of Nobles (1766

    Directory of Open Access Journals (Sweden)

    Miguel Ângelo Caçoilo Gonçalves

    2017-05-01

    Full Text Available This article explores, in an introductory approach, a former Portuguese educational institution: the Royal College of Nobles. This institution, founded in Lisbon in 1761 and opened in 1766, was an entity that made part of the public education reform undertaken by the Marquis of Pombal in the reign of D. José. The work expands the traditional boundaries of the definition of non-profits organizations in order to extend it to an old Portuguese educational entity. Our main objective is to present the main features of the organization, management and school administration of the Royal College of Nobles, in the light of the modern discourse applied to the understanding of phenomena assigned to the areas of education and management of non-profit entities. We also seek to present insights on the interrelation between accounting and this institution. We used a qualitative methodology and, to collect information, the method of analysis of texts and documents, especially primary sources. The main conclusion is that this entity, the Royal College of Nobles, used double entry bookkeeping in its system of accounting and, despite having corporate governance models, both executive and financial, absolutely innovative for the time, has failed in aspects of pedagogy, such as the inadequacy of curricula and the ineffective control of students’ disruptive behavior.

  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. 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)

  7. Fiscal Policy and Welfare under Different Exchange Rate Regimes

    DEFF Research Database (Denmark)

    Østrup, Finn

    , 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...... 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...... 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...

  8. LEGAL ASPECTS REGARDING THE COOPERATION UNDER THE AGREEMENT BETWEEN THE GOVERNMENT OF ROMANIA AND THE GOVERNMENT OF HUNGARIAN REPUBLIC ON THE COOPERATION FOR THE TRANSBOUNDARY WATERCOURSES PROTECTION AND SUSTAINABLE USE CASE STUDY: BARCĂU RIVER BASIN

    Directory of Open Access Journals (Sweden)

    A.E. PETTER

    2011-03-01

    Full Text Available By presenting the legalaspects of the Agreement between the Government of Romania and theGovernment of Hungarian Republic on the cooperation for the transboundarywatercourses protection and sustainable use implemented through the jointRegulations, the collaboration details between the two countries are established,underlining the most important objectives of it.The case study shows the implementation of the general aspects in theBarcău/Berettyó River Basin, namely: the meteorology and hydrology data andinformation mutual transmission, water quality common assessment by theevaluation of the physical-chemical and biological results of the analysesperformed on water samples commonly, the presentation of the water samplingand flow rate measurement sections, of the intervention sections in case of oilproducts accidental pollution and the hydrometric stations, their placement on thewatercourses, the flood protection elevations and the transmission frequency of theelevations during special situations and the flood common assessment.The concept of river basin water management according to the Water FrameworkDirective (2000/60/CE is better illustrated within the transboundary areas, whentwo or more countries have to jointly manage the same water resource withoutprejudices on any party. The idea of “river basin solidarity” must have theprecedence, when the dialog and the communication have an important role.

  9. 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 ...

  10. 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.

  11. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....

  12. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...

  13. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  14. 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

  15. 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.)

  16. Legal aspects of data and information used in oil and gas exploration and production; O regime juridico dos dados e informacoes de exploracao e producao de petroleo e gas natural

    Energy Technology Data Exchange (ETDEWEB)

    Bucheb, Jose Alberto [PETROBRAS, Rio de Janeiro, RJ (Brazil)

    2004-07-01

    The utilization of data and information related to the Brazilian sedimentary basins constitutes an essential element in any petroleum exploration and production venture, as well as in the technical and scientific works of this area of study and, for this reason, this technical asset, according to article 22 of the Petroleum Law, is considered part of the national petroleum resources, to be collected, maintained, and administered by the ANP. This issue is also regulated in other articles of the Petroleum Law, the ANP tender protocols, the concession contracts and the ANP ordinances no. 188/1998 and n. 114/2000. In this context, the evolution of the pertinent legal instruments is discussed, aiming at the analysis of the existing conflicts of rules, the rights and obligations of the regulatory agency, the petroleum companies, the service companies and the technical and scientific community. Some aspects of the international oil industry practices are also analyzed vis-a-vis the Brazilian Law. (author)

  17. 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.

  18. The Legal Origins of Corporate Social Responsibility.

    OpenAIRE

    Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi

    2013-01-01

    The legal origin literature documents that civil and common law traditions have different impact on rules and economic outcomes. We contribute to this literature by investigating the relationship between corporate social responsibility and legal origins. Consistently with the main differences in historical and legal backgrounds and net of industry specific effects, the common law origin has a significant and positive impact on the Corporate Governance and Community Involvement domains, while ...

  19. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

    . The married couples subjected to this mobile lifestyle are always in a process of becoming illegal, which is the consequence of ‘overstaying’ in Denmark or ‘understaying’ in Sweden. Besides its legal aspects, a semi-legal status also has significant moral implications that not only restructure marriage......In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...

  20. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  1. Still the Century of Government?

    DEFF Research Database (Denmark)

    Klausen, Kurt Klaudi

    2014-01-01

    the article argues that the reform regime guiding the public sector still takes the form of government, that is top down, hierarchical management and leadership......the article argues that the reform regime guiding the public sector still takes the form of government, that is top down, hierarchical management and leadership...

  2. PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN OBAT-OBATAN TRADISIONAL DALAM REZIM HAK KEKAYAAN INTELEKTUAL (HKI INDONESIA (Studi Pada Masyarakat Tradisional Sasak / LEGAL PROTECTION TOWARD TRADITIONAL MEDICINE KNOWLEDGE IN INDONESIA’S INTELLECTUAL PROPERTY RIGHT REGIME (A Study in The Sasak Traditional Community

    Directory of Open Access Journals (Sweden)

    Dwi Martini

    2017-03-01

    Full Text Available Dalam konteks kekinian Pengetahuan Obat Tradisional (POT masyarakat adat Sasak merupakan aset ekonomi bernilai tinggi mengingat kegunaannya sebagai pengetahuan dasar (milestone dalam penemuan obat modern. Sebagai suatu wujud kemampuan intelektual manusia, POT diatur di bawah rezim HKI-TRIPs, padahal POT memiliki perbedaan karakter yang mencolok dengan HKI. Hal ini memunculkan persoalan dalam hal bentuk POT masyarakat adat Sasak, pengaturan perlindungannya dalam rezim HKI dan pranata hukum ideal untuk mewujudkan perlindungan hukum tersebut. POT Sasak mayoritas ditransmisikan secara lisan, sebagian kecil ada yang tercatat dalam babon (kitab tetamba/oat dan lontar usada. Dalam rezim HKI hanya terdapat pengaturan tidak langsung terhadap POT seperti termuat dalam Undang-Undang Paten dan Perlindungan Varietas Tanaman. Idealnya, terdapat suatu peraturan daerah yang mengatur secara khusus skema perlindungan POT Sasak demi mencegah tindakan misappropriation. Dengan demikian, masih terdapat kekosongan hukum karena belum ada peraturan perundang-undangan sui generis mengenai perlindungan POT. In the modern context, the Traditional Medicine Knowledge (TMK of Sasak community is a valuable economic asset considering its usage as a basic knowledge (milestone in the modern medicine discovery. As a form of human intellectual ability, TMK is regulated under the IPRs-TRIPs regime, whereas TMK have prominent opposite characters with IPRs. This fact raises particular issues in terms of: the form of Sasak community’s TMK, regulation of its protection under the IPRs regime and the ideal legal institution to realize the protection. The majority of Sasak’s TMK are transmitted verbally, a fraction of it was written in babon (book of tetamba/oat and lontar Usada. The IPRs-TRIPs regime only provides indirect regulation toward TMK, as contained in Patent and Plant Variety Protection Law. Ideally, there should be a local Law that particularly regulates protection on

  3. Legal provisions governing liquid effluents radiological monitoring

    International Nuclear Information System (INIS)

    Gans, I.; Ruehle, H.

    1985-01-01

    The KTA rule 1504 for radiological monitoring of liquid effluents from nuclear installations is explained. As there are no such rules published to date for establishments handling isotopes, some criteria are discussed which in the future ought to form part of a practical guide for liquid effluents monitoring in isotope handling installations. Monitoring measures described refer to liquid effluents from transfer containers, auxiliary cooling equipment, turbine buildings, main cooling installations, and waste air discharges from closed-circuit cooling systems. (DG) [de

  4. Legal issues concerning local governments / Vallo Olle

    Index Scriptorium Estoniae

    Olle, Vallo, 1966-

    1997-01-01

    Valla/linna põhimääruse õiguslikust regulatsioonist, kohaliku omavalitsuse korralduse seadusest, äriseadustikust, munitsipaalettevõtete ümberkujundamisest ja nende õigusaktide väljunditest Tartu linna põhimääruses ning teistes Tartus tehtud õiguslikes otsustustes

  5. The Private Legal Governance of Domain Names

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    Abstract This article evaluates the performance of the special private tribunals or panels such as the UDRP which have been developed within complicated systems of self- and co-regulation such as ICANN to decide disputes over domain names. It uses two different dispute resolution models viz...

  6. The Private Legal Governance of Domain Names

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2016-01-01

    This chapter evaluates the performance of the special private tribunals or panels such as the UDRP which have been developed within complicated systems of self- and co-regulation such as ICANN to decide disputes over domain names. It uses two different dispute resolution models viz. the UDRP (WIPO...

  7. 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

  8. 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 ...

  9. THE CASE OF GOVERNMENT OF THE REPUBLIC OF ZIMBABWE v LOUIS KAREL FICK: A FIRST STEP TOWARDS DEVELOPING A DOCTRINE ON THE STATUS OF INTERNATIONAL JUDGEMENTS WITHIN THE DOMESTIC LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Erika de Wet

    2014-04-01

    Full Text Available The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended Southern African Development Community (SADC Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1 of the Protocol on the SADC Tribunal. As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts. The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a

  10. Early intervention regime under the bank resolution framework in ...

    African Journals Online (AJOL)

    The legal frameworks in most jurisdictions make provision for early intervention in bank resolution as an exception to the general corporate formal insolvency regime. The exercise of the early intervention powers however contravenes well established shareholder rights and gives rise to legal acrimony as seen in the deluge ...

  11. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

    The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.

  12. 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.

  13. 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

  14. 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.

  15. 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.

  16. 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...

  17. The Reluctance of Civil Law Countries in Adopting “the Without Breach of Peace” Standard of UCC Article 9: Evidence from National and International Legal Instruments Governing Secured Transactions

    DEFF Research Database (Denmark)

    Gikay, Asress Adimi; Stanescu, Catalin Gabriel

    2017-01-01

    tradition. Based on comparative analysis of secured transactions laws of the US, the UK, Romania, and Hungary (representing national laws), and the Cape Town Convention on International Interests in Mobile Equipment along with the Aircraft Protocol and the Draft Common Frame of Reference (representing...... international legal instruments), this article demonstrates that continental European legal systems are generally apprehensive with the “without breach of peace” standard. Thus, they are reluctant to transplant it to their legislation and try to either modify it or replace it with different legal requirements...

  18. 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,

  19. 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.

  20. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...

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

    Data.gov (United States)

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

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

    Data.gov (United States)

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

  3. 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)

  4. The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law

    International Nuclear Information System (INIS)

    Kuehne, G.

    2000-01-01

    The German EnWG (energy industry law) for deregulation of the energy sector and implementation of the Internal Energy Market Directive of the EU contains an obligation to contract and make rules for establishing a legally binding system for access to and use of third parties of transmission and distribution networks in the competitive electricity market. The design of such contracts under private law as well as the grid code for network operation primarily being a matter of the contracting parties, the legal basis and opportunities for governmental supervisory functions are embodied in various laws. The legal analysis of this contribution examines the current situation and asks whether the existing provisions of the German BGB (Civil Code), antitrust law and the EnWG offer practicable means in case of need for governmental supervisory action in order to ensure evolution and adherence to a legal framework that will ensure the objectives of the politically willed deregulation of the energy sector and foster development of an open market serving the public welfare. (CB) [de

  5. Innovative Legal Approaches to Address Obesity

    Science.gov (United States)

    Pomeranz, Jennifer L; Teret, Stephen P; Sugarman, Stephen D; Rutkow, Lainie; Brownell, Kelly D

    2009-01-01

    Context: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways. PMID:19298420

  6. 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.

  7. 78 FR 37795 - Draft NOAA Procedures for Government to Government Consultation With Federally Recognized Indian...

    Science.gov (United States)

    2013-06-24

    ... affect tribal governments, their economic and social development activities, and their lands and... policy recognized the unique legal and political status of federally recognized American Indian and...

  8. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  9. 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

  10. Fiscal Policy and Welfare under Different Exchange Rate Regimes

    DEFF Research Database (Denmark)

    Østrup, Finn

    The article analyses how government spending is determined under differentexchange rate regimes in the context of a small open economy. Assumingnominal wage contracts which last for one period and assuming a benevolentgovernment which determines government spending to optimise a representativeind......The article analyses how government spending is determined under differentexchange rate regimes in the context of a small open economy. Assumingnominal wage contracts which last for one period and assuming a benevolentgovernment which determines government spending to optimise...... 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...

  11. 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)

  12. 142 TOWARDS AN ENHANCEMENT OF THE LEGAL REGIME FOR ...

    African Journals Online (AJOL)

    Fr. Ikenga

    2014-10-27

    Oct 27, 2014 ... 1. Introduction. The foundation of Nigeria's education pyramid is primary education. The strength of the pyramid squarely depends on the foundation. The starting point for achieving the nation's education goals must of necessity be founded on the strength of its foundation. To achieve this, primary education ...

  13. THE LEGAL REGIME OF CORRUPTION IN ETHIOPIA: AN ...

    African Journals Online (AJOL)

    and the Fundamental Right to Corruption-Free Service in India', Colum. Journal of . Asian Law. (2003), Vol. ... International Bank for Reconstruction and Development / The World Bank; P. szarek. (2010), The European ..... criminalization, remedies to victims and asset recovery are some of the main substantive rules of the ...

  14. 142 TOWARDS AN ENHANCEMENT OF THE LEGAL REGIME FOR ...

    African Journals Online (AJOL)

    Fr. Ikenga

    2014-10-27

    Oct 27, 2014 ... varying degrees of autonomous units.2 This kind of arrangement ensures a division of powers between the federal authority and the autonomous ... markets, car parks and public conveniences, refuse disposal, primary education and the construction and maintenance of local roads and streets.5 As a result ...

  15. THE LEGAL REGIME OF CORRUPTION IN ETHIOPIA: AN ...

    African Journals Online (AJOL)

    economies. 3. This does not, however, mean that the magnitude of corruption is equal in every society. Some countries are more corrupt than others. However .... Defining the concept of “corruption” is not as easy as one recognizes its ... 13 M. Milic (2001), 'Endogenous Corruption in Privatized Companies', Collegium,.

  16. Legal regime of lobby activities. A comparative view

    Directory of Open Access Journals (Sweden)

    Ovidiu-Horia MAICAN

    2014-12-01

    Full Text Available A very important aspect is that countries with specific rules and regulations regulating the activities of lobbyists and interest groups are more the exception than the rule. The interest groups are pursuing their goals in the political arena by lobbying, or attempting to influence policy-making, are consistent with the spirit of democracy. In practice, interest group influence can sometimes lead to political corruption, the inequality of representation, and the overcrowding of political institutions. As a consequence, some political systems find it appropriate to regulate interest representation.

  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 fo...... 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 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.

  19. 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....

  20. 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

  1. 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)

  2. 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)

  3. 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

  4. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

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

  5. Hard and Soft Governance

    DEFF Research Database (Denmark)

    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...... 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 understanding of relations and the coherence of processes of influence/power/governance, the article introduces a communications model of decision-making processes as processes of influence....

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

    African Journals Online (AJOL)

    This article examines the relative prevalence of markets, hierarchies and networks in the governance of real-estate transactions under three property rights regimes in Windhoek's low-income settlements. These governance structures are related to respective property rights regimes and to conjectures made about the ...

  8. Economic Competition in the Public Utilities Law Regime

    OpenAIRE

    Sebastián Barreto

    2017-01-01

    This paper analyses the role of competition as a legal and economic criterion in the legal regime of public utilities. It focuses in the public utilities and telecommunications services, because they were liberalised by the law in Colombia. The article also analyses some judicial and administrative decisions that have strengthened or weakened the role of competition in these economic activities. In particular, it examines the law of contracts of the enterprises in the public utilities sector;...

  9. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

    A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)

  10. 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.

  11. 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.

  12. Policy Regime Juxtaposition in Latin America

    Directory of Open Access Journals (Sweden)

    Kent Eaton

    2017-04-01

    Full Text Available This article has three main objectives, each in the spirit of broadening the study of subnational politics to include the juxtaposition of policy regimes and not just political regimes. First, it identifies the causes that help explain why we are seeing more territorial heterogeneity within countries in terms of the pursuit of ideologically disparate development models at different levels of government. Second, the article assesses the importance of this trend by analyzing the chief advantages and disadvantages of policy regime juxtaposition. Third, I turn to the question of why subnational officials are able to defend ideologically deviant policy regimes in some cases, but not in others. Based on the Bolivian, Ecuadorian, and Peruvian cases, my argument emphasizes the importance of two key factors: capacity and coalitions.

  13. Small Business Tax Regimes

    OpenAIRE

    Yilmaz, Fatih; Coolidge, Jacqueline

    2016-01-01

    Simplified tax regimes for micro and small enterprises in developing countries are intended to facilitate voluntary tax compliance. However, survey evidence suggests that small business taxation based on simplified bookkeeping or turnover is sometimes perceived as too complex for microenterprises in countries with high illiteracy levels. Very simple fixed tax regimes not requiring any book...

  14. Flux scaling: Ultimate regime

    Indian Academy of Sciences (India)

    First page Back Continue Last page Overview Graphics. Flux scaling: Ultimate regime. With the Nusselt number and the mixing length scales, we get the Nusselt number and Reynolds number (w'd/ν) scalings: and or. and. scaling expected to occur at extremely high Ra Rayleigh-Benard convection. Get the ultimate regime ...

  15. THE LEGAL ARRANGEMENT OF WAGE PROTECTION BASED ON THE PRINCIPLE OF LEGAL CERTAINTY

    Directory of Open Access Journals (Sweden)

    Yetniwati

    2016-05-01

    Full Text Available The wage protection in Indonesian positive law is still not provide legal certainty for the weaker party in the aspect of social economic. In every anniversary of May Day, labor union always demanded to abolish the wage cost, which the Government Regulation No. 78 Year 2015 leanihg to the interests of investors. The principle of legal certainty in the norm of wage protection needs to be realized with respect to: the concept of wage protection, lack of certainty purpose of law, established by the competent authorities, accepted by society, legal materials in accordance with the legal hierarchy, the company's obligation to make books wages, and avoid multiple interpretations in legal norms.

  16. Legal procedures regarding state budget expenditure

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-03-01

    Full Text Available Government spending and the procedures for making them can be examined on the basis of many of public regulations, which are the legal grounds for these expenditure. The procedures of government spending can be studied in the field of personal expenditure of the state budget (including salaries, pensions and social benefits. Appropriate procedures are related to expenditure for purchases of goods and services and for making of public investments (e.g. public roads and buildings. An extensive area of expenditure is in the form of grants. There are special legal ways for transferring the budget grants to different legal organizations and entities. The state expenditure are fixed in the Budget Act. The implementation of the budgetary expenditure needs to take up, by state authorities and agencies, thousands of individual and concrete actions (e.g. the contracts, administrative decisions, other activities. That is, in the Budget Act fixed expenditure have, in principle, normative act features.

  17. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  18. 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

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

    Science.gov (United States)

    Marishet, Mohammed Hamza

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

  20. Corporate governance in India

    OpenAIRE

    Chakrabarti, Rajesh; Megginson, William L.; Yadav, Pradeep K.

    2007-01-01

    This study describes the Indian corporate governance system and examines how the system has both supported and held back India's ascent to the top ranks of the world's economies. While on paper the country's legal system provides some of the best investor protection in the world, enforcement is a major problem with slow, over-burdened courts and significant corruption. Ownership remains concentrated and family business groups continue to be the dominant business model. There is significant py...

  1. 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...

  2. Managing legal diversity - new challenges for private international law

    NARCIS (Netherlands)

    van Hoek, A.A.H.

    2012-01-01

    In this contribution the author describes how the structural presence of private international law cases in modern society poses new challenges to private international law as a legal discipline. The literature on legal pluralism and multilevel governance is used both to provide a better

  3. 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)

  4. 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.

  5. 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.

  6. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  7. Measuring autocratic regime stability

    Directory of Open Access Journals (Sweden)

    Joseph Wright

    2016-01-01

    Full Text Available Researchers measure regime stability in autocratic contexts using a variety of data sources that capture distinct concepts. Often this research uses concepts developed for the study of democratic politics, such as leadership change or institutionalized authority, to construct measures of regime breakdown in non-democratic contexts. This article assesses whether the measure a researcher chooses influences the results they obtain by examining data on executive leadership, political authority, and autocratic regimes. We illustrate the conceptual differences between these variables by extending recent studies in the literature on the political consequences of non-tax revenue and unearned foreign income.

  8. 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)

  9. 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......, however, that national views of good governance reflect different political cultures and institutional heritages. Fourteen national codes of conduct are analyzed. The findings suggest that public values converge and that they match model codes from the United Nations and the European Council as well...... as conceptions of good governance from other international organizations. While values converge, they are balanced and communicated differently, and seem to some extent to be translated into the national cultures. The set of global public values derived from this analysis include public interest, regime dignity...

  10. 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.

  11. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

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

  12. 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

  13. 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

  14. The Polish Budget Act for 2016: Legal Issues

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-06-01

    Full Text Available The article presents the legal content and system of the 2016 Budget Act and the legal significance of its regulations. The Budget Act for 2016 contains three parts: the state budget (general budget, complementary budgets, other legal provisions. The state revenues, expenditure, expenses, salaries, rates of some state levies are determined in the Budget Act. The regulations of the Budget Act relate to the financial activity of government and other parts of the state. The complex Budget Act contains provisions resulting from the many legal acts.

  15. 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

  16. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  17. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  18. 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

  19. 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)

  20. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing

  1. 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…

  2. THE INFLUENCED FLOW REGIMES

    Directory of Open Access Journals (Sweden)

    Gavril PANDI

    2011-03-01

    Full Text Available The influenced flow regimes. The presence and activities ofhumanity influences the uniform environmental system, and in this context, therivers water resources. In concordance with this, the natural runoff regime suffersbigger and deeper changes. The nature of these changes depending on the type anddegree of water uses. The multitude of the use cause different types of influence,whit different quantitative aspects. In the same time, the influences havequalitative connotations, too, regarding to the modifications of the yearly watervolume runoff. So the natural runoff regime is modified. After analyzing thedistribution laws of the monthly runoff, there have been differenced four types ofinfluenced runoff regimes. In the excess type the influenced runoff is bigger thanthe natural, continuously in the whole year. The deficient type is characterized byinverse rapports like the first type, in the whole year. In the sinusoidal type, theinfluenced runoff is smaller than the natural in the period when the water isretained in the lake reservoirs, and in the depletion period the situation inverts. Atthe irregular type the ratio between influenced and natural runoff is changeable ina random meaner monthly. The recognition of the influenced regime and the gradeof influence are necessary in the evaluation and analysis of the usable hydrologicalriver resources, in the flood defence activities, in the complex scheme of thehydrographic basins, in the environment design and so on.

  3. Arctic circulation regimes.

    Science.gov (United States)

    Proshutinsky, Andrey; Dukhovskoy, Dmitry; Timmermans, Mary-Louise; Krishfield, Richard; Bamber, Jonathan L

    2015-10-13

    Between 1948 and 1996, mean annual environmental parameters in the Arctic experienced a well-pronounced decadal variability with two basic circulation patterns: cyclonic and anticyclonic alternating at 5 to 7 year intervals. During cyclonic regimes, low sea-level atmospheric pressure (SLP) dominated over the Arctic Ocean driving sea ice and the upper ocean counterclockwise; the Arctic atmosphere was relatively warm and humid, and freshwater flux from the Arctic Ocean towards the subarctic seas was intensified. By contrast, during anticylonic circulation regimes, high SLP dominated driving sea ice and the upper ocean clockwise. Meanwhile, the atmosphere was cold and dry and the freshwater flux from the Arctic to the subarctic seas was reduced. Since 1997, however, the Arctic system has been under the influence of an anticyclonic circulation regime (17 years) with a set of environmental parameters that are atypical for this regime. We discuss a hypothesis explaining the causes and mechanisms regulating the intensity and duration of Arctic circulation regimes, and speculate how changes in freshwater fluxes from the Arctic Ocean and Greenland impact environmental conditions and interrupt their decadal variability. © 2015 The Authors.

  4. Interactive governance

    DEFF Research Database (Denmark)

    Sørensen, Eva; Torfing, Jacob; Peters, B. Guy

    , but all these forms represent means of governing involving mixtures of state action with the actions of other entities.This book explores thoroughly this meaning of governance, and links it to broader questions of governance. In the process of explicating this dimension of governance the authors also...... explore some of the more fundamental questions about governance theory. For example, although governance is talked about a great deal political science has done relatively little about how to measure this concept. Likewise, the term multi-level governance has become widely used but its important...... to understand that idea more fully and see how it functions in the context of interactive forms of governance. The authors also link governance to some very fundamental questions in political science and the social sciences more broadly. How is power exercised in interactive governance? How democratic...

  5. 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

  6. Implementation of corporate governance principles in Romania

    OpenAIRE

    Ramona Iulia (Dieaconescu) Țarțavulea

    2014-01-01

    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, tra...

  7. Sustainable management of Nigeria's oil wealth: legal challenges ...

    African Journals Online (AJOL)

    The article discusses the need for stronger legal regimes for the efficient management of Nigeria's oil wealth, and identifies the roles that active stakeholder engagement, such as the Nigerian public and civil society organizations (CSOs) should play. Keywords: CSOs, sustainable management, oil wealth, mismanagement, ...

  8. 1/24 CONTEMPORARY LEGAL ISSUES IN ELECTRONIC ...

    African Journals Online (AJOL)

    Dr Tanya du Plessis

    especially in developing nations such as Nigeria, which issues pose significant challenges to the legal regime of ... stage in the supply chain, whether within an organisation, between businesses, between businesses and ..... And Case Analysis" 2001 (4) Logistics Information Management 14-23. Potchefstroom Electronic ...

  9. 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.

  10. 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.

  11. 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 ...

  12. the legal status of sustainable development in the nigerian

    African Journals Online (AJOL)

    RAYAN_

    ABSTRACT. 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 ...

  13. Evolving polycentric governance of the Great Barrier Reef.

    Science.gov (United States)

    Morrison, Tiffany H

    2017-04-11

    A growing field of sustainability science examines how environments are transformed through polycentric governance. However, many studies are only snapshot analyses of the initial design or the emergent structure of polycentric regimes. There is less systematic analysis of the longitudinal robustness of polycentric regimes. The problem of robustness is approached by focusing not only on the structure of a regime but also on its context and effectiveness. These dimensions are examined through a longitudinal analysis of the Great Barrier Reef (GBR) governance regime, drawing on in-depth interviews and demographic, economic, and employment data, as well as organizational records and participant observation. Between 1975 and 2011, the GBR regime evolved into a robust polycentric structure as evident in an established set of multiactor, multilevel arrangements addressing marine, terrestrial, and global threats. However, from 2005 onward, multiscale drivers precipitated at least 10 types of regime change, ranging from contextual change that encouraged regime drift to deliberate changes that threatened regime conversion. More recently, regime realignment also has occurred in response to steering by international organizations and shocks such as the 2016 mass coral-bleaching event. The results show that structural density and stability in a governance regime can coexist with major changes in that regime's context and effectiveness. Clear analysis of the vulnerability of polycentric governance to both diminishing effectiveness and the masking effects of increasing complexity provides sustainability science and governance actors with a stronger basis to understand and respond to regime change.

  14. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  15. East Asian welfare regime

    DEFF Research Database (Denmark)

    Abrahamson, Peter

    2017-01-01

    The paper asks if East Asian welfare regimes are still productivist and Confucian? And, have they developed public care policies? The literature is split on the first question but (mostly) confirmative on the second. Care has to a large, but insufficient extent, been rolled out in the region...

  16. Understanding regime shifts

    DEFF Research Database (Denmark)

    Heymann, Matthias; Nielsen, Kristian Hvidtfelt

    ”. Danish wind power development is all the more surprising, as the innovation process in wind technology was carried to a large extent by non-academic craftsmen and political activists. Many features of this innovation story have been investigated and that research makes it possible to summarize...... the current understanding of the regime shift....

  17. Supply regimes in fisheries

    DEFF Research Database (Denmark)

    Nielsen, Max

    2006-01-01

    Supply in fisheries is traditionally known for its backward bending nature, owing to externalities in production. Such a supply regime, however, exist only for pure open access fisheries. Since most fisheries worldwide are neither pure open access, nor optimally managed, rather between the extrem...

  18. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

    Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...

  19. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

    This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....

  20. 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)

  1. 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.

  2. 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.

  3. Governance Challenges of the Implementation of Fisheries Co-Management : Experiences from Malawi

    Directory of Open Access Journals (Sweden)

    Friday Njaya

    2007-10-01

    Full Text Available This paper reviews some major challenges experienced in the implementation of fisheries co-management initiatives in response to governance reforms being advocated in various countries. Lessons are drawn from Malawi's experiences on the implementation of co-management arrangements. Appropriate policy and legal frameworks that govern management of the fisheries resources in decentralised structures should be formulated as attributes to community empowerment. Defining clear objectives and incentives for fisheries co-management becomes a challenge where appropriation of the commons is for survival especially in areas where poverty is persistent. There are limited resilient co-management institutions due to unclear definition of roles for various stakeholders and limited participation of civil society groups in the management of the commons as part of the governance system. Traditional institutions play a role either in support of or against sustainable resource management is response to inducements of various forms especially from migrants which challenges exclusion of non-members from appropriating the commons. The principles of good governance that include participation and accountability of the representative committees are limited in some areas. The initiation process as to whether the co-management was introduced by government or by the user community affects resilience of the co-management institutions. However, adoption of broad-based co-management regimes with various empowered stakeholders including the civil society, non-governmental organisations and government agencies are a positive step towards achievement of a sustainable fish resource management.

  4. Governing education

    NARCIS (Netherlands)

    Ria Bronneman-Helmers

    2011-01-01

    Governing education. Trends in Dutch education policy 1990-2010 The Dutch government is responsible for e a cohesive and properly functioning education system. This report discusses the way in which the government fulfilled that responsibility in the period 1990-2010.  The study is

  5. 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

  6. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  7. 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)

  8. Plural Governance

    DEFF Research Database (Denmark)

    Mols, Niels Peter; Menard, Claude

    2014-01-01

    Plural governance is a form of governance where a firm both makes and buys similar goods or services. Despite a widespread use of plural governance there are no transaction cost models of how plural governance affects performance. This paper reviews the literature about plural forms and proposes...... a model relating transaction cost and resource-based variables to the cost of the plural form. The model is then used to analyze when the plural form is efficient compared to alternative governance structures. We also use the model to discuss the strength of three plural form synergies....

  9. Program governance

    CERN Document Server

    Khan, Muhammad Ehsan

    2014-01-01

    FOUNDATION OF GOVERNANCEGovernanceDefining GovernanceGovernance at Multiple LevelsSummaryReferencesTransaction Cost EconomicsTransactions-Core Elements and Attributes     Behavioral Assumptions     Governance Structure AttributesHazards of Concern     Incomplete Contracting     Bilateral Dependency and Fundamental Transformation     Adaptation or MaladaptationLinking Governance, Governance Structures, and ContractsThe Impact of Asset Specificity and Behavioral Assumptions on ContractsAp

  10. Economic Competition in the Public Utilities Law Regime

    Directory of Open Access Journals (Sweden)

    Sebastián Barreto

    2017-06-01

    Full Text Available This paper analyses the role of competition as a legal and economic criterion in the legal regime of public utilities. It focuses in the public utilities and telecommunications services, because they were liberalised by the law in Colombia. The article also analyses some judicial and administrative decisions that have strengthened or weakened the role of competition in these economic activities. In particular, it examines the law of contracts of the enterprises in the public utilities sector; the powers of the competition authority in the public utilities sector; and the recent decision of the Council of State regarding a third TV channel for the telecommunications sector.

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

    African Journals Online (AJOL)

    Fr. Ikenga

    Abstract. Parliamentary institutions are central to most systems of government but their role within the structure of government varies from one country to another. Not only are there differences in terms of their specific powers, but also in measure of power/influence exercised within the framework of normative rules or legal ...

  12. Governance, veterinary legislation and quality.

    Science.gov (United States)

    Petitclerc, M

    2012-08-01

    This review of governance distinguishes between ends and means and, by highlighting the complexity and differing definitions of the concept, defines its scope and focuses discussion on its characteristics in order to establish an interrelationship between veterinary legislation and governance. Good governance must be backed by legislation, and good legislation must incorporate the principles and instruments of good governance. This article lists some of the main characteristics of governance and then reviews them in parallel with the methodology used to draft veterinary legislation, emphasising the importance of goal-setting and stakeholder participation. This article describes the criteria developed by the Veterinary Legislation Support Programme (VLSP) of the World Organisation for Animal Health (OIE) for assessing the quality of veterinary legislation. It then makes a comparison between the quality assurance process and the good governance process in order to demonstrate that the introduction and proper use of the tools for developing veterinary legislation offered by the OIE VLSP leads to a virtuous circle linking legislation with good governance. Ultimately, the most important point remains the implementation of legislation. Consequently, the author points out that satisfactory implementation relies not only on legislation that is technically and legally appropriate, acceptable, applicable, sustainable, correctly drafted, well thought through and designed for the long term, but also on the physical and legal capacity of official Veterinary Services to perform their administrative and enforcement duties, and on there being the means available for all those involved to discharge their responsibilities.

  13. MODELING COMBINING TAX REGIMES

    Directory of Open Access Journals (Sweden)

    Prishchenko E. A.

    2016-03-01

    Full Text Available The article discusses the combination of tax regimes as a result of separation from the operating business of the revenues and costs for system of a united tax on imputed income (UTII with the analysis of the tax consequences of such allocation. Three models of taxation were built: both variants of the simplified system of taxation from UTII and common system of taxation with UTII. We propose a rapid method of the most preferred system of taxation for small businesses’ selection depending material to labor costs ratio. All these results could be implemented in the case when the company starts a new type of activity under the rules UTII, and solves the problem in the framework of the tax regime to conduct this activity - UTII applied or not, based on the criterion of tax savings. Using the relations describing the tax burden when combined tax regimes, we can determine what the yield should have a new business line and what cost structure should it have to reduce the tax burden. The main result is proposed approach that can be used as a tool of tax planning activities of small businesses.

  14. 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.

  15. Tropical food chains: Governance regimes for quality management

    NARCIS (Netherlands)

    Ruben, R.; Boekel, van M.A.J.S.; Tilburg, van A.; Trienekens, J.H.

    2007-01-01

    International supply chains of vulnerable tropical food products face major problems in the fields of quality performance and coordination between supply chain partners. Degradation and variability of quality, segmentation of supply networks and scattered production by smallholder producers could

  16. The government of risk: understanding risk regulation regimes

    National Research Council Canada - National Science Library

    Rothstein, Henry; Baldwin, Robert; Hood, Christopher C

    2001-01-01

    ... variously in public administration, social studies of science, and public law- but our destination was the same and so was our reason for undertaking the journey. We wanted to see risk regulation at work in a number of different domains, and to come back not just with a set of travellers' tales but also with a systematic way of compa...

  17. International Regime Governance and Apparel Labour Upgrading in ...

    African Journals Online (AJOL)

    Franklin Obeng-Odoom

    international conditions and policies that shape the globalisation process at each stage in the chain' (author's emphasis). In Gereffi (1999a: 37), it is the 'social and organisation dimensions of international trade networks' (author's emphasis). In the view of Gibbon and Ponte (2005), policy regulation and quality conventions ...

  18. Government spending shocks, sovereign risk and the exchange rate regime

    NARCIS (Netherlands)

    Bonam, D.; Lukkezen, J.H.J.

    2014-01-01

    Keynesian theory predicts output responses upon a fiscal expansion in a small open economy to be larger under fixed than floating exchange rates. We analyse the effects of fiscal expansions using a New Keynesian model and find that the reverse holds in the presence of sovereign default risk. By

  19. 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

  20. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.

  1. 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.

  2. 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),...

  3. 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.

  4. 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...... more mature eGovernment. As part of this understanding, the paper focuses on a subset of data, so-called ‘spatio-legal data’. Spatio-legal data are created within the regulated legal environment of public administration, and used for rulings within a given legal area. Sometimes, the legal status...

  5. Reefer madness: legal & moral issues surrounding the medical prescription of marijuana.

    Science.gov (United States)

    Barnes, R E

    2000-01-01

    California, Arizona, and several other states have recently legalized medical marijuana. My goal in this paper is to demonstrate that even if one grants the opponents of legalization many of their contentious assumptions, the federal government is still obligated to take several specific steps toward the legalization of medical marijuana. I defend this claim against a variety of objections, including the claims: that marijuana is unsafe, that marijuana cannot be adequately tested or produced as a drug, that the availability of synthetic THC makes marijuana superfluous, and especially that legalizing medical marijuana will increase recreational use by 'sending the wrong message.' I then go on to argue that given the intransigent position of the federal government on this issue, state governments are justified in unilaterally legalizing medical marijuana as an act of civil disobedience. A large portion of this paper consists of an extensive response to the objection that legalizing medical marijuana will 'send the wrong message'--which I take to be the primary impediment to legalization. This objection basically claims that the consequences of withholding legalization (especially preventing increased recreational use) are superior to those of legalizing medical marijuana. I argue that legalization is justified even if one were to grant both that the harms of legalization outweighed its benefits and that utilitarianism is true. This requires a subtle and somewhat extended discussion of utilitarian moral and political theory.

  6. 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

  7. 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

  8. The issue of euthanasia in Greece from a legal viewpoint.

    Science.gov (United States)

    Voultsos, Polichronis; Njau, Samuel N; Vlachou, Maria

    2010-04-01

    Modern Greek society appears to be split regarding the legalization of euthanasia. The Greek Orthodox Church maintains a negative attitude. Research shows that some forms of euthanasia are carried out "behind closed doors". There is no specific legal provision. The government avoids bearing the political cost of regulating this marginal issue. According to the dominant view of Criminal Law jurists, some forms of euthanasia are considered permissible de lege lata, under certain conditions. The safety of the concurrence of these conditions, safeguarding of the acceptability of forms that are considered permissible and - mostly - the need to regulate the prohibited forms in exceptional cases, all force the legislators to promptly fill any legal vacuums.

  9. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  10. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

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

  11. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…

  12. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  13. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  14. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  15. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

    This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...

  16. Experimentalist governance

    NARCIS (Netherlands)

    Sabel, C.F.; Zeitlin, J.; Levi-Faur, D.

    2012-01-01

    A secular rise in volatility and uncertainty is overwhelming the capacities of conventional hierarchical governance and ‘command-and-control’ regulation in many settings. One significant response is the emergence of a novel, ‘experimentalist’ form of governance that establishes deliberately

  17. Interactive Governance

    DEFF Research Database (Denmark)

    Bang, Henrik

    2016-01-01

    and growth. However, interactive governance is not a property or effect of institutions; nor does it apply solely to those individuals who seek success above everything else. It is connective more than individualistic or collectivistic in nature; and it manifests a governability capacity which...

  18. Legal knowledge, needs, and assistance seeking among HIV positive and negative women in Umlazi, South Africa.

    Science.gov (United States)

    Hill, Lauren M; Maman, Suzanne; Holness, David; Moodley, Dhayendre

    2016-01-22

    The rights of women and people living with HIV (PLHIV) are protected under South African law, yet there is a gap in the application of these laws. While there are numerous systemic and social barriers to women's and PLHIV's exercise of their legal rights and rights to access social services, there has been little effort to document these barriers as well as legal needs and knowledge in this context. 1480 HIV-positive and HIV-negative women recruited from an antenatal clinic in Umlazi Township completed a questionnaire on legal knowledge, experience of legal issues, assistance seeking for legal issues, and barriers to seeking assistance. We compared the legal knowledge and experience of legal issues of HIV-positive and HIV-negative women, and described assistance seeking and barriers to assistance seeking among all women. Both HIV-positive and HIV-negative women had high levels of knowledge of their legal rights. There were few important differences in legal knowledge and experience of legal issues by HIV status. The most common legal issues women experienced were difficulty obtaining employment (11 %) and identification documents (7 %). A minority of women who had ever experienced a legal issue had sought assistance for this issue (38 %), and half (50 %) of assistance sought was from informal sources such as family and friends. Women cited lack of time and government bureaucracy as the major barriers to seeking assistance. These results indicate few differences in legal knowledge and needs between HIV-positive and HIV-negative women in this context, but rather legal needs common among women of reproductive age. Legal knowledge may be a less important barrier to seeking assistance for legal issues than time, convenience, and cost. Expanding the power of customary courts to address routine legal issues, encouragement of pro bono legal assistance, and introduction of legal navigators could help to address these barriers.

  19. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

    Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).

  20. 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.’

  1. 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)

  2. 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.

  3. Renewing governance.

    Science.gov (United States)

    Loos, Gregory P

    2003-01-01

    Globalization's profound influence on social and political institutions need not be negative. Critics of globalization have often referred to the "Impossible Trinity" because decision-making must 1. respect national sovereignty, 2. develop and implement firm regulation, and 3. allow capital markets to be as free as possible. To many, such goals are mutually exclusive because history conditions us to view policy-making and governance in traditional molds. Thus, transnational governance merely appears impossible because current forms of governance were not designed to provide it. The world needs new tools for governing, and its citizens must seize the opportunity to help develop them. The rise of a global society requires a greater level of generality and inclusion than is found in most policy bodies today. Politicians need to re-examine key assumptions about government. States must develop ways to discharge their regulatory responsibilities across borders and collaborate with neighboring jurisdictions, multilateral bodies, and business. Concepts such as multilateralism and tripartism show great promise. Governments must engage civil society in the spirit of shared responsibility and democratic decision-making. Such changes will result in a renewal of the state's purpose and better use of international resources and expertise in governance.

  4. LEGAL FUNDS AND COLLECTIONS OF MODERN LIBRARIES: FORMATION, DEVELOPMENT

    Directory of Open Access Journals (Sweden)

    О. О. Пестрецова

    2017-10-01

    Full Text Available One of the promising areas in the work of modern libraries that combine the traditional functions of the library with the functions of industry information centers is legal informing and information support of the law-making process. The globalization of the economy and political integration raise the issue not just about accumulation, processing, storage of national legal information, but also about the importance of literature collections on legal comparativistics, information support of transnational law. The article deals with the experience of foreign and domestic law libraries. Much attention is given to the main tasks and forms of legal libraries work, formation and development of legal funds and literature collections. The libraries that are charged with the functions the accumulation of legal resources suggests the active participation in this informational activity of the two types of libraries: the government libraries with the status of national that provide access to documents of national importance, carry out information support of political and legal processes. Another type of law libraries – academic, which providing the educational process and at the same time are centers of legal information, not only for the university community, but also for professional communities, regional authorities, civil society.

  5. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

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

    Science.gov (United States)

    Marra, Mita

    2017-02-06

    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.

  8. 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

  9. 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.

  10. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  11. Government Organizations

    DEFF Research Database (Denmark)

    Krause Hansen, Hans; Salskov-Iversen, Dorte

    2017-01-01

    This entry is concerned with demonstrating the increasingly important interface between government organization and communication. Government organization can be approached in terms of state centrism, where the emphasis is on government organization understood as state authority and power......, with clearly defined boundaries between the public and private; and in terms of polycentrism, where power and authority are seen as dispersed among state and nonstate organizations, including business and civil society organizations. Globalization and new media technologies imply changes in the relationship...... between power, communication, and organizational forms, and suggest the usefulness of viewing government organization in terms of polycentrism, highlighting communication and organizing processes in a wider perspective. The entry focuses particularly on two major strands of literature: deliberative...

  12. 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.

  13. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  14. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  15. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

    In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks...

  16. Organizational governance

    DEFF Research Database (Denmark)

    Foss, Nicolai Juul; Klein, Peter G.

    This chapter reviews and discusses rational-choice approaches to organizational governance. These approaches are found primarily in organizational economics (virtually no rational-choice organizational sociology exists), particularly in transaction cost economics, principal-agent theory, and the ......This chapter reviews and discusses rational-choice approaches to organizational governance. These approaches are found primarily in organizational economics (virtually no rational-choice organizational sociology exists), particularly in transaction cost economics, principal-agent theory...

  17. 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…

  18. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  19. A discipline of judicial governance?

    Directory of Open Access Journals (Sweden)

    Gar Yein Ng

    2011-01-01

    Full Text Available The problem this article seeks to deal with is that legal standards are insufficient to support the needs of judicial governance in Europe (i.e. in terms of efficiency, public accountability and modernisation (in terms of technology in interfacing with and meeting public needs. Given this problem, I will look at what approach should be taken instead. This article posits that an inter-disciplinary approach, taking in law, politics, economics and management, should be taken: i.e. a discipline of judicial governance.I am going to reintroduce the principle of accountability from a different perspective than the traditional constitutional and legal perspective that focuses mainly upon judicial independence, procedural law and human rights. My theory is that there should be an inter-disciplinary approach to judicial governance. Legal standards are insufficient by themselves to hold the judicial office to account, given the requirements for increased accountability by politicians (for the functioning of courts; the public (for unpopular and seemingly unjust outcomes of judgments; and internally to their peers, both judicial and administrative (for the functioning of individual organisations and judges.

  20. 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

  1. Tlatelolco regime and nonproliferation in Latin America

    International Nuclear Information System (INIS)

    Redick, J.R.

    1981-01-01

    The regime established by the Treaty of Tlatelolco supports peace and security in the Latin American region and global nonproliferation efforts. Circumstances leading to the creation of the nuclear-weapon-free zone include careful preparations and negotiations, individual leadership, existence of certain shared cultural and legal traditions of Latin American countries, and the temporary stimulus of the Cuban missile crisis. The lack of overt superpower pressure on Latin America, compared with more turbulent regions, has permitted continued progress toward full realization of the zone. Tlatelolco's negotiating process, as well as the substance of the Treaty, deserve careful consideration relative to other areas. The Treaty enjoys wide international approval, but full support by certain Latin American States (Argentina, Brazil, Chile, Cuba) has been negatively affected by the failure of the US Senate to ratify Tlatelolco's Protocol I. Nuclear programs of Argentina, Brazil, and Mexico are expanding rapidly and these nations are forming linkages with West European countries, rather than the United States. The May 1980 Argentine-Brazilian nuclear agreement foresees significant cooperation between the two nation's nuclear energy commissions and more coordinated resistance to the nuclear supplier countries. Argentine-Brazilian nuclear convergence and the response accorded to it by the United States will have significant implications for the future of the Tlatelolco regime and nonproliferation in Latin America. 52 references

  2. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  3. 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)

  4. 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...

  5. “Family” as a legal concept

    Directory of Open Access Journals (Sweden)

    Isabel Cristina Jaramillo Sierra

    2015-04-01

    Full Text Available The concept of “family” plays an important role in the way national legal regimes distribute both power and resources. However, the idea of what a family is or should be is not univocal for all branches of law. In this paper we wish to contribute to feminist thinking about the law and to legal theory in general, by showing the contradictions and gaps in law’s incorporation of the legal concept of the family and their distributive impact. We use the notion of conceptual fragmentation to refer to the irregular manner in which family as a legal concept lands into the realms of diverse fields of law at different moments in time and with different emphasis. We argue that conceptual fragmentation makes connections through time and subject matter invisible, and therefore makes it harder to have a critique of the role of the family, treated as a legal concept, in the oppression of women. We establish that conceptual fragmentation is not irrational or incoherent but rather patterned in ways that correspond to the losses of women in contemporary societies. We use the case of colombian law to illustrate the stakes involved in defining the family and the operations that we call fragmentation. In particular, we explain how family law exceptionalism was produced, the importance of the legal concept of the family within family law and its ambivalence as to the proper definition, and the evolution of the concept of family within social policy. We argue that even if the stakes of the family seem to be all for same sex couples, in so far as “family” is still about reproduction and distribution, we should be vigilant about how women fare in the conceptual turns that seek to bring us closer to the natural family.

  6. 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?

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

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

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

  8. Regime Change in North Africa: Possible Implications for 21st ...

    African Journals Online (AJOL)

    At the centre of these debates is the question of “Implications of the Arab Spring on Governance in Africa in the 21st Century”. This Article raises pertinent questions. It revisits the social and economic causes of these regime changes in North Africa; the role of ICT and its social media networks and; the future of repressive ...

  9. 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...

  10. Stakeholder Governance

    DEFF Research Database (Denmark)

    Flak, Leif Skiftenes; Rose, Jeremy

    2005-01-01

    The e-government field, like most young fields, lacks a strong body of well-developed theory. One strategy for coping with theoretical immaturity is to import and adapt theories from other, more mature fields. This study reviews Stakeholder Theory (ST) and investigates its potential in relation...... to e-Government. Originally a management theory, stakeholder theory advocates addressing the concerns of all stakeholders in a firm, as opposed to concentration on the interests of senior managers and stockholders. Apart from the original profit focus, there is no serious conceptual mismatch between...... stakeholder theory and government’s objective of providing policy and services for citizens and organizations – society’s stakeholders. Potential problems with adapting a management theory to a government setting are discussed. The paper further discusses how information technology impacts a stakeholder model...

  11. Government Regulatory

    Science.gov (United States)

    Becker, Katie

    Government regulation of food products, food processing, and food preparation is imperative in bringing an unadulterated, nonmisleading, and safe food product to market and is relevant to all areas of food science, including engineering, processing, chemistry, and microbiology. The liability associated with providing consumers with an adulterated or substandard product cannot only tarnish a company's name and reputation, but also impose substantial financial repercussions on the company and those individuals who play an active role in the violation. In order for a company to fully comply with the relevant food laws (both federal and state), an intimate knowledge of food science is required. Individuals knowledgeable in food science play an integral role not only in implementing and counseling food companies/processors to ensure compliance with government regulations, but these individuals are also necessary to the state and federal governments that make and enforce the relevant laws and regulators.

  12. 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

  13. 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

  14. 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...

  15. The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada

    OpenAIRE

    Lake, Stephanie; Kerr, Thomas

    2016-01-01

    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. Mobilizing Government

    DEFF Research Database (Denmark)

    Wang, Cancan; Medaglia, Rony; Jensen, Tina Blegind

    2016-01-01

    The nature of inter-organizational collaboration between government and other stakeholders is rapidly changing with the introduction of open social media (OSM) platforms. Characterized by a high degree of informality as well as a blurred personal/professional nature, OSM can potentially introduce...... changes and tensions in the well-established routines of the public sector. This paper aims at shedding light on such changes, presenting findings from a study on the use of an OSM platform, WeChat, in an interorganizational collaboration project between government, university, and industry stakeholders...... rather than on organizational affiliation; and a transition from formal to informal as well as from professional to private collaboration....

  17. 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.

  18. 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.

  19. 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

  20. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

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

  1. 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…

  2. Book Scarcity, Law Libraries and the Legal Profession in Nigeria.

    Science.gov (United States)

    Jegede, Oluremi

    1993-01-01

    Focuses on the origins of the reasons for the scarcity of books in law libraries and the legal profession in Nigeria. Publishing books locally with government assistance is advocated as a lasting solution, and cooperation and resource sharing among libraries is encouraged. (Contains 26 references.) (EAM)

  3. A Legal History: University Recognition of Homosexual Organizations.

    Science.gov (United States)

    Rullman, Loren J.

    1991-01-01

    This paper discusses the legal precedents that have supported the official recognition of homosexual organizations by universities and colleges. Among the court cases that are reviewed are the following: (1) Brandenburg v. Ohio (1969), which ruled that expressions not inciting unlawful behavior may not be subject to government restraint; (2) Healy…

  4. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    RV

    RELATIONSHIP BETWEEN DIGITAL INFORMATION AND CERTAIN LEGAL. FIELDS IN SOUTH AFRICA ... digital) technological devices used by the United States' National Security Agency. (NSA) and by the ...... departments and thus obtained strategic government information that he then made openly available on the ...

  5. Codes of conduct in public schools: a legal perspective

    African Journals Online (AJOL)

    Erna Kinsey

    The governing body of a public school must adopt a code of conduct for the learners of the school. This document contains .... The in- dividual legal relationship therefore emanates from the general rules and is termed a ..... Law and Policy (CELP). Her research focuses on public, international, environmental, and education.

  6. 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

  7. The Great Drug Debate: I. The Case for Legalization.

    Science.gov (United States)

    Nadelmann, Ethan A.

    1988-01-01

    Argues that current drug control policies are failing and that new proposals are even more costly and repressive. Contends that legalization would eliminate many drug-related problems and allow the government to redirect its efforts toward assistance and positive inducements. (FMW)

  8. The Person of Suspect in Criminal Procedure: Legal Historical Aspect

    Directory of Open Access Journals (Sweden)

    Zemlyanitsin E. I.

    2013-05-01

    Full Text Available The article deals with the historical path of the emergence and development of the legal rules governing the procedural status of a suspect in the criminal procedure. The author puts forward the proposal to amend the Criminal Procedure Code of the Russian Federation.

  9. Unitary Housing Regimes in Transition

    DEFF Research Database (Denmark)

    Bengtsson, Bo; Jensen, Lotte

    2013-01-01

    to the Danish and Swedish housing regimes are analysed and the responses and outcomes in terms of policy change and/or institutional continuity (path dependence) are compared. Overall, the more decentralized Danish housing regime seems to have resisted pressures for change and retrenchment better so far than...

  10. Transport in the quantum critical regime

    Science.gov (United States)

    Enss, Tilman

    2014-05-01

    In this talk I will explain the relevance of the quantum critical point for the phase diagram of the unitary Fermi gas, briefly review theoretical approaches, and present results for the shear viscosity and spin diffusion in strongly interacting Fermi gases. The unitary Fermi gas describes strongly interacting fermions ranging from ultracold atoms near a Feshbach resonance to dilute neutron matter, which share a common universal phase diagram. The behavior at finite temperature is governed by a quantum critical point (QCP) at zero temperature and zero density, and observables can be expressed by universal scaling functions of the distance from the critical point. In the quantum critical regime above the QCP, thermal and quantum fluctuations are equally important, and the absence of a small parameter makes the computation of critical properties demanding. I will mention two theoretical approaches to transport properties in this regime: the large-N expansion in the number of fermion flavors allows for a systematic and controlled expansion even at strong coupling and elucidates the importance of medium effects on scattering. Second, the Luttinger-Ward, or self-consistent T-matrix approach goes beyond the quasiparticle picture and also explains universal high-energy tails. I will present results on the shear viscosity, or internal friction, for mass transport and show that the strongly interacting Fermi gas is an almost perfect quantum fluid. On the other hand, if particles of different spin move in opposite directions, the dynamics are governed by spin diffusion. One can distinguish longitudinal diffusion, when atomic clouds of different spin collide, and transverse diffusion, when the magnetization is wound up in a helix in a spin-echo experiment. Medium scattering and spin rotation have a strong effect on spin diffusion, and I will discuss how spin transport becomes very slow at strong coupling in the quantum degenerate regime and reaches a quantum limit of

  11. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

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

  12. 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.

  13. 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

  14. Electronic Government

    DEFF Research Database (Denmark)

    Wimmer, Maria A.; Traunmüller, Roland; Grönlund, Åke

    This book constitutes the refereed proceedings of the 4th International Conference on Electronic Government, EGOV 2005, held in Copenhagen, Denmark, in August 2005. The 30 revised papers presented were carefully reviewed and selected from numerous submissions, and assess the state-of-the-art in e...

  15. Bank Governance

    OpenAIRE

    Laura Ard; Alexander Berg

    2010-01-01

    Principles of good governance have been a major component of international financial standards and are seen as essential to the stability and integrity of financial systems. Over the past 10 years much energy and attention have gone to improving the ability of company boards, managers, and owners to prudently navigate rapidly changing and volatile market conditions. So, how to explain the ...

  16. Governing principles.

    Science.gov (United States)

    Cook, Andrew

    2003-12-01

    BUPA HOSPITALS LIMITED took an early stand at a corporate level by championing the value of clinical governance for independent hospitals. The challenge this presented was never underestimated but was seen as a means to improve quality, patient outcomes and accountability, and ultimately to create a firm platform for the delivery of business objectives.

  17. 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

  18. 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

  19. 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...

  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. European gender equality under and after State Socialism: legal treatment of prostitution in the Czech Republic

    OpenAIRE

    2010-01-01

    The thesis looks at the legal responses to prostitution in Czechoslovakia and the Czech Republic under State Socialism and in Transition, and the understanding of gender equality therein. It argues that both, the legal regimes and the understandings of prostitution, varied between these periods. Under State Socialism, professional prostitutes were criminally liable under provisions on parasitism. In Transition, the ‘boom’ of prostitution after 1989 lead to the adoption of containment provi...

  2. 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.

  3. Abortion in Iranian legal system: a review.

    Science.gov (United States)

    Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda

    2014-02-01

    Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.

  4. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

    Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund

    2018-01-01

    This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....

  5. EL RÉGIMEN JURÍDICO DEL DERECHO FUNDAMENTAL A LA SEGURIDAD SOCIAL EN CHILE: UN ANÁLISIS CRÍTICO DESDE LA PERSPECTIVA DEL DERECHO INTERNACIONAL DE LA PERSONA HUMANA -- THE LEGAL REGIME ABOUT THE FUNDAMENTAL RIGHT TO SOCIAL SECURITY IN CHILE: A CRITICAL ANALYSIS FROM AN INTERNATIONAL HUMAN RIGHTS LAW PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Ivan Obando Camino

    2016-08-01

    Full Text Available El régimen jurídico de la seguridad social chileno tiene una naturaleza mixta, tanto pública como privada, y su gestión la efectúa el Estado y del sector privado. Este régimen jurídico regula el acceso al derecho citado y la cobertura de los distintos riesgos y contingencias sociales en términos teóricamente heterodoxos, empleando para ello mecanismos tanto contributivos como no contributivos. No obstante, un análisis de este régimen, en su dimensión constitucional y legal, a la luz del derecho internacional de la persona humana, sugiere la existencia de déficits normativos que tensionan, si no dificultan, la protección social de las personas y depositan dudas sobre la observancia real de la dignidad de la persona humana, como norma rectora del orden constitucional. En gran medida, el Estado chileno eligió una forma de seguridad social, condicionado en parte por el contexto político y económico, cuyos resultados finales pueden ser inciertos en términos de bienestar colectivo y promoción de los derechos humanos. Palabras clave: Seguridad social. Constitución. Régimen previsional.

  6. Privatization Of Global Governance

    Directory of Open Access Journals (Sweden)

    T. J. Biersteker

    2017-01-01

    Full Text Available Thomas Biersteker graduated from Chicago University (BF in Political Science and MIT (MA in Political Science and got PhD in Political Science in MIT as well. Later professor Biersteker lectured in Yale University (1976-1985, South Carolina University (1985-1992 and Brown University (1992-2006. He could be described as a constructivist focusing his research on global governance, international organizations and transnational policy networks, construction of sovereignty and regimes of targeted sanctions. Professor Birsteker kindly agreed to give an interview to the “MGIMO Review of International Relations” during a seminar within the research project - Grant of RFBR No. 16-23-41004. The seminar was also attended by M.M. Lebedeva, Yu.A. Nikitin, A.I. Nikitin, I.A. Istomin.

  7. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...

  8. 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 ...

  9. Criminal sanctions for legal enties: An instrument of crime control

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    's own conduct embodied either in the commission of a criminal offence or in the omission to act. Therefore, contemporary criminal laws have determined special types of criminal sanctions, such as: punishment, security measures, conditional (suspended sentence and confiscation of material gain obtained by comitting the criminal offence, as well as the instruments, proceedings and conditions under which they may be imposed. Within the framework of the forthcoming reform of the entire penal legislation in the Republic of Serbia, the Serbian legislator may use the legal solutions envisaged in the analyzed documents and criminal legislations as a solid model for implementing the international standards in the field of criminal liability of legal entities. Hence, this paper discusses the particularities governing the application of criminal sanctions for legal entities in the Republic of Serbia, particularly as an instrument of crime control.

  10. Hydrological regimes in Balkan Area

    International Nuclear Information System (INIS)

    Stanescu, Viorel Alexandru

    2004-01-01

    Physical considerations of the deemed area are first considered in the paper. Then the regime types around the Balkan rivers are described in terms of the following characteristic features: -Types of the regimes defined by the timing of the high and low flow phases; -Regionalisation of the 'micro-types' -Stability of the river flow regimes. The available mean monthly discharge data of the representative rivers allows characterising the river regime of the Balkan area covered by WOISYDES and BALWOIS projects. The classification of the hydrological regimes (types of regimes) was done by assessing the discriminant periods (descriptors of the regime phases) defined by the first, the second and the third highest and lowest monthly values of flows. As sufficient data has been provided by countries involved in the Woisydes/Balwois Project a hydrological regionalisation is performed all around the considered space. The existence of different zones, which are quasi- homogeneous in terms of physiographical properties, the latter especially being expressed by their mean altitudes and the climatic features, allowed to carry out a hydrological regionalisation of the river flow regime types. The regionalisation of the river flow regimes is presented as hydrological maps both referring to each Balkan country and for the entire region as an overall map. The stability of a certain flow regime is an important descriptor of the ecological state of the river during the year. It may be quantitatively expressed by the stability coefficient determined by Corbus and Stanescu as the product between the frequency of the occurrence of any discriminant value in m subsequent month (m = 1,12) and a distribution coefficient along the period that depend on the length of the considered discriminant period. The advantage of this method stands in the fact that for several combinations of subsequent months, the maximisation of the stability coefficient leads to the assessment of the characteristic

  11. Regulatory and legal issues

    International Nuclear Information System (INIS)

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

    1999-01-01

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

  12. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

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

  13. 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.

  14. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

    In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...

  15. CORPORATE GOVERNANCE AND THE PERFORMANCE OF ...

    African Journals Online (AJOL)

    management, cohesive policies, processes and decision-rights for a given area of responsibility in a separate legal entity ... Literature Review. Corporate governance refers to the processes, structures and information used for directing and overseeing the management of an institution (Duncan and Cameron, 2005). A good ...

  16. Study on Government Management Mechanism of Energy ...

    African Journals Online (AJOL)

    MICHAEL

    Study the retraining factors of energy conservation and emission reduction, and propose legal guarantees, management innovation, technology innovation, service system construction and upgrading of industrial structure are the critical factors to energy ... reforms. China government has done a lot of useful work to construct ...

  17. Steuern und Governance

    Directory of Open Access Journals (Sweden)

    Eduard Müller

    2014-05-01

    Full Text Available ENGLISH: Taxation, in the modern state, has long been a mass phenomenon with an interdisciplinary outlook. On the macro level of the state, a new generation of administrative reforms has crystallized under the label “good public governance”. These reforms seek to resolve regulatory interdependence of state and non - state actors by way of cooperation and interaction. In parallel, on the micro level of businesses, “corporate governance” – voluntary compliance with legal and ethical standards – has become an increasingly important issue. With a view to tax law and tax collection, these developments open up new possibilities to raise tax compliance by means of consensual and cooperative instruments and, accordingly, address taxation as a mass phenomenon. DEUTSCH: Besteuerung ist im modernen Staat ein Massenphänomen und längst interdisziplinär ausgerichtet. Auf der Makro-Ebene des Staates hat sich unter dem Begriff Good Public Governance eine neue Generation von Staats- und Verwaltungsreformen herausgebildet, die Regelungsbeziehungen von staatlichen und nichtstaatlichen Akteuren durch Kooperationen und Interaktionen zu lösen versucht. Parallel dazu hat auf der Mikro-Ebene der Unternehmen mit dem Thema Corporate Governance die freiwillige Einhaltung von rechtlichen und ethischen Regeln an Bedeutung gewonnen. Für das Steuerrecht und den Steuervollzug resultieren aus diesen Entwicklungen neue Möglichkeiten, durch Nutzung konsens- und kooperationsorientierter Instrumente die Tax Compliance zu erhöhen und so dem Massenphänomen Besteuerung gerecht zu werden.

  18. Mexico's "ley de narcomenudeo" drug policy reform and the international drug control regime.

    Science.gov (United States)

    Mackey, Tim K; Werb, Daniel; Beletsky, Leo; Rangel, Gudelia; Arredondo, Jaime; Strathdee, Steffanie A

    2014-11-14

    It has been over half a century since the landmark Single Convention on Narcotic Drugs was adopted, for the first time unifying international drug policy under a single treaty aimed at limiting use, manufacture, trade, possession, and trafficking of opiates, cannabis, and other narcotics. Since then, other international drug policy measures have been adopted, largely emphasizing enforcement-based approaches to reducing drug supply and use. Recently, in response to concerns that the historic focus on criminalization and enforcement has had limited effectiveness, international drug policies have begun to undergo a paradigm shift as countries seek to enact their own reforms to partially depenalize or deregulate personal drug use and possession. This includes Mexico, which in 2009 enacted national drug policy reform partially decriminalizing possession of small quantities of narcotics for personal consumption while also requiring drug treatment for repeat offenders. As countries move forward with their own reform models, critical assessment of their legal compatibility and effectiveness is necessary. In this commentary we conduct a critical assessment of the compatibility of Mexico's reform policy to the international drug policy regime and describe its role in the current evolving drug policy environment. We argue that Mexico's reform is consistent with flexibilities allowed under international drug treaty instruments and related commentaries. We also advocate that drug policy reforms and future governance efforts should be based on empirical evidence, emphasize harm reduction practices, and integrate evidence-based evaluation and implementation of drug reform measures.

  19. 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...

  20. Levantando o Véu do Regime de Direito Público / Lifting the Veil of the Public Legal Regime

    Directory of Open Access Journals (Sweden)

    Marcio Iorio Aranha

    2017-04-01

    Full Text Available O presente texto figura como introdução à Revista de Direito, Estado e Telecomunicações do Grupo de Estudos em Direito das Telecomunicações da Universidade de Brasília, abordando sinteticamente os principais acontecimentos do setor no Brasil, bem como normas e julgados relativos ao ano de 2016, para registro das principais discussões político-jurídicas do setor de telecomunicações brasileiro referentes ao ano anterior ao da publicação. The article introduces this issue of the Law, State, and Telecommunications Review by way of presenting its contents. Statutes, the administrative regulation, and judicial decisions of 2016 pertaining to telecommunications are referred to in detail. It also addresses the main political and juridical discussions on the Brazilian telecommunications sector that took place the year before the publication of the journal’s current volume.

  1. 論奈米科技之環境與健康風險之法規範必要性 ― 以我國現行法秩序之因應與未來可行之立法方向為中心 Regulating Nanotechnology’s Potential Environmental and Health Hazards ― Examining Taiwan’s Existing Legal Regimes and Some Comments for Future Development

    Directory of Open Access Journals (Sweden)

    吳行浩 Hsing-Hao Wu

    2010-06-01

    Full Text Available 近二十年來,奈米科技以驚人之速度快速發展。透過奈米科技的研發,低耗能、高效率、抗腐蝕、抗菌等功能性產品將可對於建立資源永續社會做出莫大之貢獻。然而,在科學界仍不斷提出相關的文獻與實驗報告,指出奈米科技對於環境與人體健康可能之危害。雖然目前對奈米材料對於環境或健康的風險程度,因欠缺足夠背景資料或需要長時間追蹤觀察等理由,奈米科技是否構成環境或人體不良影響仍存有高度科學不確定性。基於生命無價的理念,政府仍有責任採取預防措施,以避免奈米科技產品對於環境健康可能之危害。本文將由法政策的觀點,檢視與分析我國目前既有法律架構,是否足以因應來自奈米科技潛在環境健康風險的挑戰。本文以生物科技發展之經驗為鑑,建議政府立即對奈米科技潛在環境健康風險採取預防性措施,並提供未來建構奈米科技風險管理規範之建議方向。 The rapid development of nanotechnology has changed the momentum of human civilization. Numerous nanoproducts in market are changing the way of life. The promise of nanotechnology has attracted intense investment in supporting nanotechnology development. Some scientists, however, are skeptical of the optimism of developing the nanotechnology in full speed. Some early studies suggest that many of these tiny nano-particles have unique ability to penetrate human body or to persist in the environment. Some even indicate that nanomaterials pose greater potential health hazards to conventional substances. Many commentators, however, criticize these studies for a lack of scientific certainty. The lesson from the development of biotechnology has indicated that postpone of any early regulatory intervention had lead to consumer mistrust. This article suggests that the government shall propose a plan for the establishment of

  2. 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)

  3. Endogenous Monetary Policy Regime Change

    OpenAIRE

    Troy Davig; Eric M. Leeper

    2006-01-01

    This paper makes changes in monetary policy rules (or regimes) endogenous. Changes are triggered when certain endogenous variables cross specified thresholds. Rational expectations equilibria are examined in three models of threshold switching to illustrate that (i) expectations formation effects generated by the possibility of regime change can be quantitatively important; (ii) symmetric shocks can have asymmetric effects; (iii) endogenous switching is a natural way to formally model preempt...

  4. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

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

    2003-01-01

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

  5. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

    What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.

  6. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

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

  7. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

    ... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...

  8. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

    ... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...

  9. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

    Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)

  10. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  11. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

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

  12. Guide to legal services

    International Nuclear Information System (INIS)

    Anon.

    1992-01-01

    This is a directory of law firms that provide services to the independent energy industry. The directory lists the firm's name, address, telephone and FAX numbers, and the name of a contact person. Included is a description of the specialties or services offered by the firm in the area of independent energy projects; some of these include regulatory, tax, fuel supply, operations and maintenance, environmental, real estate, government contracts and bankruptcy

  13. 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)

  14. Governing Warfare

    DEFF Research Database (Denmark)

    Harste, Gorm

      It would seem as though warfare has gotten out of control, not only in Iraq and Afghanistan, but also in Central Africa. The paper outlines the strategic history of politically controlled warfare since the early Enlightenment. The argument is that control is implausible. The idea of control has...... the risks of lacking unity and displays the organisational trap to the fatal political myth of controlled warfare: Does it come from the military organisation system itself, from political ideologies of goal-rational governance, or from the chameleonic logic of wars?  ...

  15. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...

  16. 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

  17. The EU and the governance of globalisation

    OpenAIRE

    Alan Ahearne; Jean Pisani-Ferry; André Sapir; Nicolas Véron

    2006-01-01

    The system of multilateral rules and institutions that constitutes the global economic governance regime trails the rapid transformation of the world economy and the rise of pressing global issues. It faces significant challenges such as the resurgence of economic nationalism. It needs to adapt to changes in the geopolitical background and to a growing number and diversity of participants in global economic integration. It must learn to coexist with regionalism and the market-led governance. ...

  18. Transition from weak wave turbulence regime to solitonic regime

    Science.gov (United States)

    Hassani, Roumaissa; Mordant, Nicolas

    2017-11-01

    The Weak Turbulence Theory (WTT) is a statistical theory describing the interaction of a large ensemble of random waves characterized by very different length scales. For both weak non-linearity and weak dispersion a different regime is predicted where solitons propagate while keeping their shape unchanged. The question under investigation here is which regime between weak turbulence or soliton gas does the system choose ? We report an experimental investigation of wave turbulence at the surface of finite depth water in the gravity-capillary range. We tune the wave dispersion and the level of nonlinearity by modifying the depth of water and the forcing respectively. We use space-time resolved profilometry to reconstruct the deformed surface of water. When decreasing the water depth, we observe a drastic transition between weak turbulence at the weakest forcing and a solitonic regime at stronger forcing. We characterize the transition between both states by studying their Fourier Spectra. We also study the efficiency of energy transfer in the weak turbulence regime. We report a loss of efficiency of angular transfer as the dispersion of the wave is reduced until the system bifurcates into the solitonic regime. This project has recieved funding from the European Research Council (ERC, Grant Agreement No. 647018-WATU).

  19. Governance of the radio spectrum : An actorcentric framework for analysis

    NARCIS (Netherlands)

    Anker, P.D.C.

    2013-01-01

    This paper is intended to contribute to the debate on the best way forward in governance of the radio spectrum. The traditional spectrum management regime has shown a number of weaknesses: Some of the portions of the spectrum are hardly used, when considered in time and place, and the regime is slow

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

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

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

  2. The analysis and evaluation of legal argumentation: approaches from legal theory and argumentation theory

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

    In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary

  3. A critical analysis of the implementation of a legal regulated market for new psychoactive substances ("legal highs") in New Zealand.

    Science.gov (United States)

    Rychert, Marta; Wilkins, Chris

    2018-03-07

    In July 2013 New Zealand passed the Psychoactive Substances Act (PSA) to establish the world's first regulated legal market for new psychoactive substances (NPS) ("legal highs"). To critically analyse the implementation of the PSA. Synthesis of findings from interviews with 30 key informants (i.e. politicians, civil servants, legal high industry actors, toxicologists, NGO representatives and drug policy academics), analysis of relevant laws and policy documents, and a review of academic and grey literature on the PSA. Key challenges experienced during the implementation of the PSA included the harmfulness of interim approved products, the slowness in withdrawing products which caused adverse effects, enforcing retail restrictions, price competition by retailers, judicial challenges by the "legal high" industry, and growing opposition to the regime from local communities and key stakeholders (including local councils). The PSA lacks a tax on products and restrictions on retail opening hours which likely contributed to the problems above. The implementation of the PSA also appeared to suffer from a rushed legislative process and resource constraints on the regulatory agency which led to delays in the development of the full regulatory framework, including the product testing requirements, and issues with enforcing retail regulation, such as the minimum age of purchase. The decline in public support for the PSA regime reflected problems with communicating the aims of the policy to the general public. The troubled implementation of the PSA underlines a number of important lessons for consideration when developing a regulated legal drug market, including advanced development of regulatory systems, ensuring the sale of low risk products, adequately resourcing regulatory agencies and related enforcement activity, detailed regulation of retail outlets, establishing price controls, and ongoing engagement with stakeholders and the general public. Copyright © 2018 Elsevier B

  4. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

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

  5. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

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

  6. Academics for International Criminal Justice: The Role of Legal Scholars in Creating and Sustaining a New Legal Field

    DEFF Research Database (Denmark)

    Christensen, Mikkel Jarle

    The article is a sociological investigation into the crucial role of legal academics in the professional mobilization that characterized the creation and development of international criminal justice. Analyzing the different stages in the evolution of international criminal law culminating...... consultants and scholarly experts in the nascent field of international criminal justice. Investing professionally in the creation and development of international criminal justice, this role as double agents allowed groups of academics to have a significant impact on the genesis and evolution...... of international criminal justice as a scientific discipline as well as an innovative legal practice that has remained a controversial element in global governance....

  7. Government Spending and Legislative Organization

    DEFF Research Database (Denmark)

    Egger, Peter; Köthenbürger, Marko

    This paper presents empirical evidence of a positive effect of council size on government spending using a data set of 2,056 municipalities in the German state of Bavaria over a period of 21 years. We apply a regression discontinuity design to avoid an endogeneity bias. In particular, we exploit...... discontinuities in the legal rule that relates population size of a municipality to council size to identify a causal relationship between council size and public spending, and find a robust positive impact of council size on spending. Moreover, we show that municipalities primarily adjust current expenditure...

  8. Government spending and legislative organization

    DEFF Research Database (Denmark)

    Egger, Peter; Köthenbürger, Marko

    2010-01-01

    This paper presents empirical evidence of a positive effect of council size on government spending using a dataset of 2,056 municipalities in the German state of Bavaria over a period of 21 years. We apply a regression discontinuity design to avoid an endogeneity bias. In particular, we exploit...... discontinuities in the legal rule that relate population size of a municipality in order to council size to identify a causal relationship between council size and public spending, and find a robust positive impact of council size on spending. Moreover, we show that municipalities primarily adjust current...

  9. Governing Engineering

    DEFF Research Database (Denmark)

    Buch, Anders

    2012-01-01

    Most people agree that our world face daunting problems and, correctly or not, technological solutions are seen as an integral part of an overall solution. But what exactly are the problems and how does the engineering ‘mind set’ frame these problems? This chapter sets out to unravel dominant...... perspectives in challenge per-ception in engineering in the US and Denmark. Challenge perception and response strategies are closely linked through discursive practices. Challenge perceptions within the engineering community and the surrounding society are thus critical for the shaping of engineering education...... and the engineering profession. Through an analysis of influential reports and position papers on engineering and engineering education the chapter sets out to identify how engineering is problematized and eventually governed. Drawing on insights from governmentality studies the chapter strives to elicit the bodies...

  10. Governing Engineering

    DEFF Research Database (Denmark)

    Buch, Anders

    2011-01-01

    Abstract: Most people agree that our world faces daunting problems and, correctly or not, technological solutions are seen as an integral part of an overall solution. But what exactly are the problems and how does the engineering ‘mind set’ frame these problems? This chapter sets out to unravel...... dominant perspectives in challenge perception in engineering in the US and Denmark. Challenge perception and response strategies are closely linked through discursive practices. Challenge perceptions within the engineering community and the surrounding society are thus critical for the shaping...... of engineering education and the engineering profession. Through an analysis of influential reports and position papers on engineering and engineering education the chapter sets out to identify how engineering is problematized and eventually governed. Drawing on insights from governmentality studies the chapter...

  11. Community Based Governance of Wetlands in the Sand River ...

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

    The situation in Craigieburn is representative of the widely-reported trend of erosion and collapse of community-based resource management regimes in the ... will allow the Association for Water and Rural Development (AWARD) and the Legal Entity Assessment Project (LEAP), to carry out an action-research project with a ...

  12. LEGAL REGULATION IN THE SPHERE OF HIGHER EDUCATION IN RUSSIA (HISTORICAL AND LEGAL ASPECT

    Directory of Open Access Journals (Sweden)

    Tatiana Yashchuk

    2017-01-01

    Full Text Available The purpose of article is to analyze the evolution of legal regulation of higher education in Russia since the beginning up to the beginning of reform in modern conditions.Characteristics of the problem field. Higher education is studied in various aspects (sociological, cultural, historical, economic. An independent institute of educational law is distinguished in the legal science. Serious transformations of higher education in the Russian Federation have actualized the need for understanding the domestic experience of legal regu-lation. The state policy in the sphere of higher education and the evolution of educational legislation are studied in historical and legal studies.The methodology. The narrative method is the method of description. It is necessary for the reconstruction of past events and phenomena. The narrative method is supplemented by a chronological method. The formal legal method is applied to the interpretation of norms. The sociological method establishes the links between state policy, regulatory legal regulations and the social result achieved. The comparative method is used fragmentarily.Results. Higher education is a relatively new social institution. In the European tradition it took shape during the Middle Ages. The completed model was formed in the XIX century in Germany.The Russian Empire used the German model. Higher education was regulated by the state. The main regulations governing educational relations at the university were the General Charters. These Charters reflected the autonomy of universities.Three stages are identified in the legal and regulatory framework of higher education in the Soviet period: 1917 – the first floor 1930s; second floor 1930s – the first floor 1950s; second floor 1950s – 1980s.At the first stage the state regulated only politically and ideologically important educational relations. Many questions were not regulated centrally. In the 1930s the state impact on higher education was

  13. The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada

    Science.gov (United States)

    Lake, Stephanie; Kerr, Thomas

    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 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. PMID:28812816

  14. Enabling the Contextualization of Legal Rules in Responsive Strategies to Climate Change

    Directory of Open Access Journals (Sweden)

    Marleen van Rijswick

    2012-06-01

    Full Text Available The paradigm of adaptive governance is paramount in policy discourses on the mitigation and adaptation strategies of climate change. Adaptability, resilience, and cooperative approaches are promoted as the appropriate vehicles to meet the contemporary conditions of uncertainty and complexity. We claim that the legitimacy and effectiveness of these responsive strategies might be augmented via the use of legal perspectives. Rather than the instrumental use of command and control type of regulation, the legal perspectives should focus on establishing principal norms that enable the search for different solutions in different contexts. From these assumptions, the concept of legal obligation is explored as embodying the meaning of legality, and at the same time conditioning and committing the probing of different ways of purposeful action in different local circumstances. We explore the innovative potential of legal norms and demonstrate how responsive strategies to climate change can be guided by the contextualization of legal norms.

  15. Global forest governance: Multiple practices of policy performance

    NARCIS (Netherlands)

    Arts, B.J.M.; Babili, I.H.

    2013-01-01

    According to various observers, global forest governance has largely failed. Deforestation is continuing and there is no legally binding international treaty on forests. Although these observations seem truisms, another reading of the performance of global forest governance is possible, as this

  16. 42 CFR 482.12 - Condition of participation: Governing body.

    Science.gov (United States)

    2010-10-01

    ... SERVICES (CONTINUED) STANDARDS AND CERTIFICATION CONDITIONS OF PARTICIPATION FOR HOSPITALS Administration § 482.12 Condition of participation: Governing body. The hospital must have an effective governing body legally responsible for the conduct of the hospital as an institution. If a hospital does not have an...

  17. the search for local government autonomy in nigeria

    African Journals Online (AJOL)

    RAYAN_

    THE SEARCH FOR LOCAL GOVERNMENT AUTONOMY. IN NIGERIA: LEGAL AND INSTITUTIONAL. PATHWAYS TO ITS REALIZATION. Ifeolu J. Koni*. ABSTRACT. 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 ...

  18. 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 ...

  19. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

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

    2018-02-01

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

  20. Challenges in legal translation - revisited

    Directory of Open Access Journals (Sweden)

    Ingrid Simonnæs

    2013-12-01

    Full Text Available The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.

  1. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

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

  2. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

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

  3. 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...... dimensions of governance such as participation, efficiency, legitimacy, accountability, effectiveness and transparency influence a RTO’s capacity to lead, good governance and strong leadership were not necessarily synonymous. RTOs can demonstrate varying levels of effectiveness in different dimensions...... of governance and leadership can be strong in some aspects and weak in others at the same time. The paper argues for a more nuanced approach to understanding governance and leadership....

  4. Traditional natural resource conflict resolution vis-à-vis formal legal ...

    African Journals Online (AJOL)

    This synergy is characterised as a form of hybrid natural resource conflict resolution. The article attempts to explore the regime of traditional natural resource dispute resolution in Ethiopia and Kenya, and recommends a way forward. Keywords: Ethiopia, Kenya, codification, customary law, formal legal system, natural ...

  5. Traditional natural resource conflict resolution vis-à-vis formal legal ...

    African Journals Online (AJOL)

    resolution. The article attempts to explore the regime of traditional natural resource dispute resolution in Ethiopia and Kenya, and recommends a way forward. Keywords: Ethiopia, Kenya, codification, customary law, formal legal system, natural resources, formal conflict resolution and traditional conflict resolution. 1.

  6. 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

  7. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

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

  8. Taxonomy of literature to justify data governance as a pre-requisite for information governance

    CSIR Research Space (South Africa)

    Olaitan, O

    2016-09-01

    Full Text Available leverage data, meet its legal and compliance obligations and minimise and mitigate the risks associated with information assets, data governance is the embodiment of the processes, methods, tools and techniques to ensure that the organisation has data... and processes for the purpose of achieving business objectives and delivering value (Soares, 2015). To this end, it is opined that the buy-in and cooperation of top management in implementing data governance processes is the best way to assure the security...

  9. 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

  10. Legal consciousness and legal culture in the context of legal education of future pharmacists

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

    Full Text Available One of the distinguishing features of man as a biological individual who is able to comprehend meaningfully the reality surrounding him and manage his actions is consciousness. Depending on the scientific-theoretical approaches or applied needs, it is customary to apply a certain differentiation of definitions of the concept of consciousness, for example, everyday or political, individual or mass, the consciousness of school or student youth, and other. One of its varieties, perhaps the most important at the present stage of development of society and statehood, is the legal consciousness of man. The problem of the formation and functioning of the human sense of justice is one of the most popular and constantly developed in a number of scientific fields. The purpose of the work is to study the state of scientific knowledge of the legal consciousness and legal culture of student, future pharmacists in the context of legal education in the university. Materials and methods. According to a specific goal, the research was based on the analysis of international and national legislation, the database of scientific research developments of the National Library of Ukraine V.I. Vernadsky, the study of author's scientific works and professional publications on the formation of consciousness, legal consciousness and legal culture of youth, in particular, student. Methods of research - bibliographic, linguistic, comparative analysis, content-legal analysis. Results. The basic link of society is a person, as a biological individual, to which such mental entities as mind, consciousness and will are inherent. These qualities enable it to critically perceive the surrounding being, to realize and determine its place in the society, to program its perspective and direct its actions according to a specific goal. A specific form of consciousness is legal consciousness (legal awareness - the system of reflecting the legal reality in views, theories, concepts

  11. Friction regimes in the lubricants solid-state regime

    NARCIS (Netherlands)

    Schipper, Dirk J.; Maathuis, O.; Dowson, D.; Taylor, C.M.; Childs, T.H.C.; Dalmaz, G.

    1995-01-01

    Friction measurements were performed in the lubricant's solid-state regime to study the transition from full-film lubrication, in which the separation is maintained by a solidified lubricant, to mixed lubrication. Special attention is paid to the influence of temperature (inlet viscosity) and

  12. On the regimes of premixing

    Energy Technology Data Exchange (ETDEWEB)

    Angelini, S.; Theofanous, T.G.; Yuen, W.W. [California Univ., Santa Barbara, CA (United States). Center for Risk Studies and Safety

    1998-01-01

    The conditions of the MAGICO-2000 experiment are extended to more broadly investigate the regimes of premixing, and the corresponding internal structures of mixing zones. With the help of the data and numerical simulations using the computer code PM-ALPHA, we can distinguish extremes of behavior dominated by inertia and thermal effects - we name these the inertia and thermal regimes, respectively. This is an important distinction that should guide future experiments aimed at code verification in this area. Interesting intermediate behaviors are also delineated and discussed. (author)

  13. Good governance for pension schemes

    CERN Document Server

    Thornton, Paul

    2011-01-01

    Regulatory and market developments have transformed the way in which UK private sector pension schemes operate. This has increased demands on trustees and advisors and the trusteeship governance model must evolve in order to remain fit for purpose. This volume brings together leading practitioners to provide an overview of what today constitutes good governance for pension schemes, from both a legal and a practical perspective. It provides the reader with an appreciation of the distinctive characteristics of UK occupational pension schemes, how they sit within the capital markets and their social and fiduciary responsibilities. Providing a holistic analysis of pension risk, both from the trustee and the corporate perspective, the essays cover the crucial role of the employer covenant, financing and investment risk, developments in longevity risk hedging and insurance de-risking, and best practice scheme administration.

  14. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

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

  15. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

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

  16. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

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

  17. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

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

  18. Property Regimes in Resource Conservation-A Framework for Analysis

    OpenAIRE

    Hasan, Lubna

    2000-01-01

    This paper develops a conceptual framework for analysing property regimes in conservation of natural resources. Human beings interaction with their environment is governed through institutions of property; therefore they play an important role in the conservation of natural resources. This paper uses concepts from the New Institutional Economics School of thought and from theories of property to develop normative criteria to assess property institutions in resource management.

  19. Legal protection against nuclear damage

    International Nuclear Information System (INIS)

    1959-01-01

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

  20. A comparison of gender diversity in the corporate governance codes of France, Germany, Spain, the Netherlands and the United Kingdom

    NARCIS (Netherlands)

    Lückerath – Rovers, M.

    2009-01-01

    International differences exist in the legal, cultural, ownership and other aspects of corporate governance. Convergence, however, is achieved in core aspects of corporate governance, such as transparency, disclosure, and the importance of independent, non-executive directors (Mallin, 2007).